Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 13 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee

13 October 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Planning Committee Meeting

 

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 13 October 2009 at 6:00pm.

 

 

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

 

Quorum:                           Eight (8) members.

 

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 8 September 2009

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application Reports

D59/09      3 Forsyth Street, Kingsford

D60/09      283 Avoca Street Randwick

D61/09      23 Byron Street, Coogee

D62/09      102-104 Brook Street, Coogee

D63/09      10 Severn Street, Maroubra

D64/09      Shop 10/48-50 St Pauls Street, Randwick

D65/09      66-70 Boronia Street, Kensington

D66/09      75 Torrington Road, Maroubra

D67/09      22-32 King Street, Randwick  


Miscellaneous Reports

M12/09     State Environmental Planning Policy (Affordable Rental Housing) 2009    

 

Closed Session

Nil

 

Notices of Rescission Motions

Nil

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee

13 October 2009

 

 

 

Development Application Report No. D59/09

 

 

Subject:                  3 Forsyth Street, Kingsford

Folder No:                   DA/825/2008

Author:                   David Mooney, Environmental Planning Officer     

 

Proposal:                     Demolition of existing dwelling and construction of a part 2 and part 3 storey multi unit housing building in 2 buildings containing 4 residential units, basement carparking for 4 vehicles, carport fronting Willis Street and associated works

 

Ward:                      Central Ward

 

Applicant:                Edifice Design Pty Ltd

 

Owner:                         G S Locascio

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.       Executive Summary

 

This development application is referred to the Planning Committee because there are SEPP 1 objections that are more than 10% over the development standards for landscaped area, floor space ratio and height.

 

The proposal is for multi-unit housing with 4 units up to 3 storeys high in 2 buildings. There is underground basement parking for 5 cars with access off Forsyth St. There is also a 1 space carport with access off Willis Lane servicing the 4th unit. The proposal was amended during assessment to address issues from the SEPP 65 Design Review Panel and the objectors.

 

The site is on the eastern side of Forsyth Street, south of Barker Street in Kingsford. It has dual frontage with Forsyth St to the west and Willis Lane to the east. There is a free standing home to the north and an attached dual occupancy to the south. There are apartment buildings up to 4 storeys high nearby.

 

There were objections on the grounds of excessive building size, overshadowing and privacy. These matters are dealt with in the report.

 

There are variations to the development standards for floor area, landscaped area and height, and to the preferred solutions for setback and solar access. The proposed building is comparable in bulk and scale with other residential flat buildings in the immediate vicinity. The proposal has distributed the massing of the building into two forms, thereby minimising impacts in terms of overshadowing and providing visual relief to the neighbour to the south. The SEPP 1 objections are considered well founded in the circumstances of this case as the proposal is consistent with the predominant character of the area.

 

The application is recommended for approval subject to conditions.

 

2.       The Proposal

 

The proposal is for multi-unit housing with 4 units up-to 3 storeys high in 2 buildings. There are 3 units in the building facing Forsyth Street and 1 unit in the building facing Willis Lane. There is underground basement parking for 5 cars with access off Forsyth Street. There is also a 1 space carport with access off Willis Lane servicing the 4th unit.

 

The proposal was amended once during assessment to address issues from the SEPP 65 Design Review Panel and the objectors. The amendments included:

 

·         Raise unit 4 and move it closer to Willis Lane

·         Re-plan unit 4 and introduce privacy measures

·         Simplify roof forms and elevations

·         Increase deep soil zones

·         Add a vehicle turntable in the car park

·         Adjust site levels to reduce retaining wall height

Photograph 1 - Aerial photograph

 

3.       Site History

 

There is a freestanding home on the site that pre-dates Council’s approval records. Council’s property database also show a building application for a garage in 1967. The site was the subject of a 2008 pre-lodgement enquiry for 4 residential units. The development application plans are substantially different from the pre-lodgement enquiry plans.

 

4.       SEPP 1 Objection

 

SEPP 1 Objection

The development application was accompanied by SEPP 1 objections to development standards for floor space ratio, height and landscaped area. Table 1 shows the extent of non-compliance with those standards.

 

Table 1 – Assessment of LEP development standards

Clause

Standard

Proposal

Compliance

Floor Space Ratio

0.65:1 max

0.78:1

No

Landscaped Area

50% min

38%

No

Maximum landscaped area over podium

50% of the landscaped area requirement

37%

Yes

Overall Height

9.5m max

up to 9.8m

No

Wall Height

7m max

up to 9.4m

No

 

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

 

What is the underlying object or purpose of the standard?

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

 

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

 

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

 

Consistency of the development with the aims of SEPP 1 and objects of the Environmental Planning and Assessment Act 1979, as amended.

The aims and objectives of SEPP 1 are:

 

Clause 3

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

 

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

 

To encourage:

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

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

 

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

 

The proposal is also consistent with the relevant objectives of Residential 2B Zone in that it will allow diversity in housing forms and is compatible with the dominant character of existing development in the area.

 

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

 

It is considered that compliance with the Landscaped Area, FSR and Building Height standards is unreasonable and unnecessary based on the following reasons:

 

Variation to the Landscaped Area standard:

v      The proposed balconies and courtyards to the units are suitably sized and will provide adequate private open space to each of the units allowing for good opportunities for passive recreation. 

 

v      A large area of open space is situated between the two housing blocks providing for an enhanced sense of openness to the direct benefit of the neighbours at No. 3 and 5-7 Forsyth St and internal site amenity. 

 

v      It is also proposed that nearly half of the landscaped area above the basement approximates existing ground level and has a soil depth of 1.3m. This area would function as permeable landscaped area thereby satisfying the purpose of the standard. 

 

v      The deficiency of 68m2 would not be readily apparent in terms of the physical relationship of the buildings internal to the site and in the context of the pattern of buildings and open space that exists on neighbouring development sites.

 

v      The non compliance in landscaped area does not have an adverse impact on the amenity of adjoining and neighbouring properties in terms of solar access, privacy and bulk and scale

 

Variation to the FSR standard:

v      The proposed floor space ratio does not create an unacceptable building form or adverse impacts on the streetscape. The overall building form (its width, length and height) compares with residential flat buildings nearby at 2, 4 and 9 Forsyth St, and 62 Barker St (shown in photographs below). The proposed buildings are between 4 and 7m wide, up-to 25m long, and up-to 9.4m high to the eave. At 2 and 4 Forsyth St, the buildings are approximately 7m wide, 25m long and 10m high to the eave. Their floor space ratio is approximately 1.04:1 and the landscaped area is approximately 25%. The buildings at 9 and 62 are similarly dimensioned. The extent of the non-compliance is acceptable given the form and scale of existing residential flat developments in the locality. The proposal building not only achieves a good streetscape fit, but is also a significant improvement on the aesthetic qualities of the locality

 

v      The proposed built form has incorporated balconies, shading devices and a combination of surface finishes on all elevations, which will appropriately articulate the building facades and create visual interest. The design scheme adopts a low profile roof, which will minimise the overall building height. The above design measures will minimise the visual scale and bulk of the structures, despite non-compliance with the FSR development standard. Overall, the architectural character and form of the proposal are considered to be of a high visual quality.

 

v      The floor areas and dimensions of the proposed apartment units are not excessive in scale and will allow suitable living amenity for the occupants. The internal floor layout will achieve satisfactory natural lighting and cross ventilation.

 

v      The proposed housing density is justified by the site’s proximity to UNSW. The proposal is considered to introduce a suitable amount of residential population to a locality, which is well supported by services, public transport and recreation facilities.

 

v      The numerical non-compliance of 67 sqm would not be readily perceptible in terms of the volume of the buildings. The proposed floor space has been appropriately distributed into two separate building blocks providing for a development that better relates to the context of the surrounding development and minimises its environmental impacts

 

v      The proposal does not result in any adverse impacts on the adjoining residential properties in terms of overshadowing, privacy, view loss or visual bulk and scale.

 

Photograph 2- 4 storey flats 2 and 4 Forsyth St

Photograph 3 - 4 storey flats at 62 Barker St

Photograph 4 - 4 storey flats at 9 Forsyth St

 

Variation to the Building Height standard:

 

v      The site is elongated in shape with a narrow frontage of only 10.06m. The allotment configuration presents difficult challenges for the design of a medium density residential development in order for it to be sympathetic to the streetscape and with minimal environmental impacts on the adjoining properties. The development scheme proposes the construction of two separate buildings of 3 storeys in height rather than one building of two storeys spreading over the entire site. The benefit of having two buildings staggered in position from each other separated by a central open space is that it provides visual relief for adjoining residents, in lieu of a single monolithic building mass. The above solution avoids the creation of continuous wall planes and minimizes the visual bulk of one gun barrel building on the site.

 

v      The proposed buildings are comparable in size with residential flat buildings nearby and are consistent with the desired future character as envisaged by Council’s development standard.

 

v      The design of the building incorporates a sufficient degree of articulation and thoughtful use of materials that will provide a positive contribution to the developing streetscape.

 

v      As will be discussed in the Environmental Assessment section, the proposal does not result in any unreasonable adverse impacts on the adjoining residential properties in terms of solar access, privacy, view loss or visual bulk or scale and is commensurate in term of impacts with a complying development in height.

 

Is the objection well founded?

The applicant has provided the following arguments in support of the SEPP 1 Objections:

 

Clause 31 of Randwick Local Environmental Plan 1998 is a landscaped area control.

Clause 31(2) states that development, other than for the purpose of a dwelling house, within Zone No 2B must provide a minimum of 50% of the total site area as landscaped area.

 

As Clause 31(2) is a numerical Development Standard it can therefore be varied with the consent of Council.

 

2.0 What is the Object or Purpose of the Standard?

The object of this Development Standard stated at Clause 32 of the LEP is as follows:

 

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

 

3.0 Is Compliance with the Standard Unreasonable and Unnecessary in

the Circumstances of the Case?

Clause 31(2) of Randwick LEP 1998 imposes a minimum amount of landscaped area of 50% of the total site area. The site has an area of 505.9m2, and as such, a minimum of 252.95m2 of landscaped area is required to be provided.

 

The proposed development provides a total of 184.2m2 or 36.4% of the site as landscaped open space. The proposal is therefore 68.75m2 deficient from that required by Clause 31(2).

 

The control allows a total landscaped area of 252.95m² which represents a 25.07m² or 5% departure from the standard.

 

In considering the impact of this non-compliance, it should be noted that the proposed development provides a landscaping scheme for the development provides ample amounts of private open space for each unit to enjoy, as follows:

 

·            Unit 1 has a large courtyard, with an area of 34.2m2, comprising a small terrace and generous turfed and landscaped area, accessible directly from the living room. Furthermore, a balcony with an area of 4.1m2 is provided to the bedroom at first floor level, while an additional balcony, with an area of 10.25m2 is provided to the master bedroom at Second Floor level of this apartment;

 

·            Unit 2 has a generous north-facing courtyard with an area of 14.76m2, accessible directly from the living room. The courtyard is adjoined to the east and west by large areas of planting;

 

·            Unit 3 has a north-facing balcony with an area of 6.793m2, accessible directly from the living room. An additional balcony with an area of 2.53m2, is provided to the bedroom at Second Floor level; and

 

·            Unit 4 has a terrace with an area of 6.85m2 along with landscaped areas around its northern, western and southern sides.

 

Furthermore, the amended proposal incorporates a large landscaped communal landscaped area with an area of 51.36m2, which will provide additional opportunities for passive recreation. The proposal also includes areas of planting along the northern side boundary. The extent of the proposed landscaped area is depicted on Drawing No. DA18b. The drawing shows the generous provision of landscaping, and shows that the location of the proposed landscaped areas has been determined in order to provide a pleasant green outlook, along with providing opportunities for privacy and passive recreation.

 

The site is narrow, with a width of 10.6m. In this regard, the design of the proposal has had to balance the need for the provision of landscaping with the provision of room for driveway and pedestrian access to the site. Driveway access is provided to basement parking via a 3m wide ramp that extends along the northern side boundary from the front boundary (Forsyth Street) and into the site for a distance of 19.7m. This is nearly half of the total depth of the site, which is 50.29m. The driveway ramp occupies 59.1m² of site area which is a significant amount of site area. Given the narrowness of the site, few options existed in providing driveway access to meet parking requirements without compromising other parts of the development including building width and amount of landscaped area. It is important to note however that planters have been proposed along the northern side boundary along side the driveway to ensure its impact is softened. Furthermore, pedestrian access, orientated to the southern side of site has been externalised rather than feeding off a common internal entry space given an already narrow building width also constrained by the open space provided towards the rear.

 

Notwithstanding this non-compliance with the amount of landscaped area in particular deep soil plantings is considered adequate to ensure the buildings visual amenity is enhanced while reducing the amount of urban runoff. It is noted that the proposal complies with Clause 31(3) of Randwick LEP 1998 in relation to the maximum provision of landscaping over the podium, thereby maximising opportunities for planting and stormwater infiltration.

 

In conjunction with the discussion above, compliance with the Standard is unreasonable and unnecessary in this instance as the proposed work:

 

·            provides ample amounts of private open space in the form of courtyards, balconies and terraces;

·            provides a generous communal landscaped area within the centre of the site;

·            provides landscaping that softens the buildings appearance;

·            is consistent with other developments in the locality in terms of landscaped area in proportion to height, bulk and scale, particularly in relation to other residential flat buildings in the area;

·            contributes positively to appearance and character of the area;

·            will not detrimentally impact the amenity of the existing residential development of the area; and

·            provides high quality residential accommodation.

 

Clause 33(1) of Randwick LEP 1998 imposes a maximum overall building height of 9.5m at the site. Clause 33(3) of Randwick LEP 1998 imposes a maximum external wall height of 7m.

 

The proposed development originally had a maximum external wall height of between 7.76m and 8.55m, and therefore exceeded the maximum 7m permitted under Clause 33(3). The proposal also had a maximum building height of between 7.76m to 9.5m (RL 41.795) , thereby complying with the maximum 9.5m permitted by Clause 33(1).

 

The DA was considered by both Council’s planning staff and SEPP 65 Design Review Panel. As a result of this assessment, the Applicant was requested to make a number of adjustments to the proposal, including the following main matters:

 

§            Unit 4 was raised so as to reduce the extent of the dwelling located below ground level, to provide increased opportunities for solar access and ventilation. The ground floor of Unit 4 was raised to RL 36.810, which is only three (3) steps below the existing ground line along the boundary of Wills Lane. The ground floor is lower than Wills Lane to reduce the height from the ground floor to the ground line on the western end of Unit 4, so as to minimise opportunities for overlooking of the property to the north; and

 

§            Unit 4 was moved closer to Wills Lane to provide for increased building separation on the site.

 

The amended proposal has the following heights:

 

§            maximum external wall height varying between:

    • 7.79m (RL 40.15) to Unit 1;
    • 6.255m to 8.125m (RL 40.485) to Units 2/3; and
    • 6.835m and 9.415m (RL 44.645) to Unit 4;

§            maximum overall building height varying between:

    • 8.53m (RL 40.89) to Unit 1;
    • 6.995m to 8.865m (RL 41.225) to Units 2/3; and
    • 7.575m and 10.155m (RL 45.385) to Unit 4.

 

As can be seen above, the proposal is compliant with the maximum building height control, apart from a small portion of western side of the roof to Unit 4.

 

The proposal is also compliant with the maximum external wall height control, apart for non-compliances at the western sides of Units 2/3 and 4, again, due to the topography of the site.The non-compliances are relatively minor, and occur largely as a result of the steeply sloping nature of the site, and the requirement to “raise” the building fronting onto Willis Lane, so as to minimise the amount of excavation and maximise natural solar access into Unit 4.

 

The proposed buildings will not result in any unreasonable environmental impacts, particularly in terms of overshadowing or privacy, as discussed in the Statement of Environmental Effects submitted with the Development Application.

 

Furthermore, detailed shadow diagrams have been prepared, to demonstrate the overshadowing impacts of both the proposed development and a “complying” development. The diagrams demonstrate that the overshadowing impacts of the proposal are commensurate with those of a complying scheme, throughout the year in relation to the neighbouring property to the south.

 

In conjunction with the discussion above, compliance with the Standards is unreasonable and unnecessary in this instance as the proposed work:

 

§            the proposal is generally compliant with the building and external wall height Standards, apart from minor non-compliances, due to the steeply sloping nature of the site;

 

§            the proposed development has been “raised” so as to minimise the requirement for excavation and maximise solar access and internal amenity to the proposed new dwellings;

 

§            the proposed development maintains a two (2) storey presentation to Forsyth Street, consistent with the scale of development in the locality, due to the setting back of the uppe r level;

 

§            is consistent with other development in the locality in terms of height, bulk, scale, size, and the amount of private open space area afforded, particularly considering the three (3) and four (4) storey scale of developments along Forsyth Street situated directly opposite the site and further south;

 

§            presents an appropriate visual transition between other similar residential flat buildings in the street;

§            contributes positively to the desired future character of the locality;

 

§            will not result in any unreasonable adverse impacts on adjoining development in terms of loss of privacy, overshadowing and visual impact;

 

§            will not detrimentally impact on the amenity of the existing residential development of the area nor will it result in any unreasonable adverse impacts;

 

§            provides adequate open space areas for private recreation; and

 

§            provides high quality residential accommodation.

 

Having regard to the above, compliance with the Development Standards is considered both unreasonable and unnecessary in the circumstances of the case.

 

Clause 32 of Randwick Local Environmental Plan 1998 is a floor space ratio (FSR) control.

 

Clause 32(1) states:

 

“32 Floor space ratios

(1) The maximum floor space ratios for buildings, other than buildings erected for the purposes of a dwelling house, within Zone No 2A, 2B and 2C is 0.5:1, 0.65:1 and 0.9:1, respectively.”

 

As Clause 32(1) is a numerical Development Standard it can therefore be varied with the consent of Council.

 

2.0 What is the Object or Purpose of the Standard?

 

The object of this Development Standard stated at Clause 32 of the LEP is as follows:

 

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

 

3.0 Is Compliance with the Standard Unreasonable and Unnecessary in the Circumstances of the Case?

 

Clause 32(1) of Randwick LEP 1998 imposes a maximum FSR of 0.65:1 at the site, since the site is zoned Residential 2B. The control allows a Gross Floor Area (GFA) of 328.83m² at the site.

 

The proposed development originally comprised a GFA of 373.795m2 and an FSR of 0.738:1, representing a 44.73m2 departure from the Standard.

 

Since the DA was submitted to Council, it has been reviewed by both Council’s SEPP 65 Design Review Panel and professional staff. As a result of feedback from these parties, the proposal has been amended by in order to improve the level of amenity within the proposed new apartments, and to provide for increased solar access to the neighbouring property to the south, by increasing the separation distance between the two (2) buildings proposed at the site. Other design-related changes have also been undertaken, as discussed in the correspondence from Edifice Design.

 

The amended proposal has a GFA of 395.5m2, which represents an FSR of 0.78:1. In this regard, the proposal is 66.66m2 in excess of that permitted by Clause 32(1) of LEP 1998.

 

Notwithstanding this non-compliance with the maximum 0.65:1 FSR Standard, the building, in terms of its height, size, bulk and scale is consistent with that of a number of other similar developments in the vicinity. The proposal matches the established front setbacks evident in the vicinity, and matches those of No. 1 and 5 Forsyth Street, to the immediate north and south respectively.

 

Furthermore, the proposed rear building has been pushed as close to Wilson Lane as possible, so as to maximise the separation distance between the two (2) proposed built forms at the site. The rear building alignment of the front building provides a transition between the rear building alignment of the adjoining buildings to the north and south. The separation distance between the two (2) buildings at the site minimises the perception of bulk and scale, and provides relief for the adjoining properties, whilst maximising opportunities for solar access and outlook. Landscaping is also able to be accommodated within the central open space, to provide opportunities for passive recreation, whilst softening the visual impact of the proposed development.

 

Detailed shadow diagrams have been prepared to demonstrate the impact of both the proposed development and a complying development. The diagrams demonstrate that the overshadowing impacts of the proposal are commensurate with those of a complying scheme, throughout the year in relation to the neighbouring property to the south.

 

In conjunction with the discussion above, compliance with the Standard is considered unreasonable and unnecessary in this instance , as the proposed development:

§            is consistent with other developments in the locality in terms of height, bulk and scale, particularly in relation to the scale and bulk of other residential flat buildings in the area;

§            provides private open space in the form of balconies, terraces and a communal landscaped courtyard in the centre of the site;

§            contributes positively to appearance and character of the area;

§            will not result in any unreasonable adverse impacts on adjoining development in terms of loss of privacy, overshadowing or visual impact, as discussed

§            above; will not detrimentally impact on the amenity of the existing residential development of the area;

§            provides high quality residential accommodation; and

§            presents a contemporary built form which is appropriate in the context and will make a positive contribution to Forsyth Street and Willis Lane streetscapes.

 

The applicant’s SEPP 1 objections is considered well founded and should be supported.

 

The SEPP 1 objections have addressed the consistency of the proposed development with the purposes of the standards and have demonstrated that strict compliance is unreasonable and unnecessary in the circumstances of the case.

 

5.       The Subject Site and Surrounding Area

 

The site is on the eastern side of Forsyth St south of Barker St in Kingsford. It has 2 frontages front and back with Forsyth St to the west and Willis Lane to the east. There is a free standing home to the north and an attached dual occupancy to the south. There are residential flat buildings up to 4 storeys high nearby. The University of NSW is over Barker St to the north. The site is 10.06m wide, 50.29m long and 505.9m2. It falls 6m on a westerly aspect from Willis Lane to Forsyth St. The site is zoned 2B Residential.

 

6.       Community Consultation

 

The proposal was exhibited in accordance with Council policy on 2 separate occasions. Amendments to address issues from the Design Review Panel and the objectors were exhibited on the 2nd occasion. Objections were received from:

 

  • Owner of 5-7 Forsyth St
  • Owner of 1 Forsyth St

 

The owner of 1 Forsyth St later withdrew the objection by email and has requested that the amendments agreed to by the applicant are included in any consent. The issues raised in the first objection are nonetheless addressed here.

 

Issue: Proposal is excessive for the size of the land.

 

Assessing Officer: The size of the building is comparable to other residential flat building in the immediate vicinity and is consistent with the desired future character as envisaged by the LEP development standards. Non-compliance with the prescribed standards for height, floor space ratio and landscaped area is assessed under the SEPP 1 section of this report and is found to be acceptable.

 

Issue: Proposal invades privacy to 5-7 Forsyth St.

 

Assessing Officer: Only bedroom, bathroom, laundry, stair-case or hi-level living-room windows face south and do not cause privacy conflicts with the building at No. 5-7 Forsyth St. A ground-level west-facing terrace on unit 4 has an oblique outlook toward the east elevation of 5-7 Forsyth St, but it is more than 9m away and sight-lines are partly obscured by blade walls and the boundary fence.

 

Issue: Proposal blocks sunshine to 5-7 Forsyth St, especially in winter time.

 

Assessing Officer: Overshadowing is assessed in the Environmental Assessment section of this report and is found to be acceptable.

 

Issue: Zero lot line at the rear boundary is out of character with the street.

 

Assessing Officer: Unit 4 abuts the rear boundary with Willis Ln. The unit was moved to this position on the recommendation of the SEPP 65 Design Review Panel and allows greater light penetration to the rear of the objectors’ property.

 

Issue: Unit 4 over towers 1 Forsyth St and the impact is compounded by non-complying side boundary setbacks.

 

Assessing Officer: The proposed setback conditions are assessed under the environmental assessment section of this report and are acceptable.

 

Issue: Unit 4 overlooks the private open space at the back of 1 Forsyth St

 

Assessing Officer: The revised proposal addresses privacy issues from unit 4. The living room and terrace is now oriented internal to the site and not over No. 1 Forsyth St.

 

Issue: Concerned by the potential for structural damage to the dwelling at No. 1 Forsyth St from excavations on the site near the boundary.

 

Assessing Officer: There are conditions in the recommendation that require underpinning if necessary, and a dilapidation report to detect any damage

 

7.       Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable

Levy

S94A Levy

Development cost

$100,001 - $200,000

-

0.5%

-

Development Cost

More than $200,000

$1,120,185.

1.0%

$11,201.85

 

8.       Technical Officers Comments

 

The application has been referred to the relevant technical officers, including the SEPP 65 Design Review Panel. Recommended consent conditions are included in the recommendation. Comments are reproduced below.

 

Development Engineer

An amended application has been received for the construction of a residential flat building at the above site containing 4 units with associated parking.

 

This report is based on the following plans and documentation:

 

·          Job No 08178 Dwg No DA0b-DA17b by edifice design dated 17/04/2009;

 

Unit 4 Location

The Planning Officer is advised that Development Engineering does not support the proposal that Unit 4 has no public access to it from Forsyth Street.

 

Unit 4 has no access to the letterboxes at the front of Forsyth Street as well as no access to the basement carpark which houses the garbage rooms.

 

It is recommended that the Planning Officer address these issues prior to issuing Development Consent.

 

Assessing Officer: Unit 4 has a separate street address and car-park off Willis Ln and does not need access to the car-park and mail boxes for the other 3 units.

 

Landscape Comments

On Council’s nature strip, beyond the northern site boundary, in front of 1 Forsyth Street, there are two Agonis flexuosa (Willow Myrtles) in an west-east arrangement, which appeared in reasonable health and condition, are covered by the TPO due to their location on public property, and contribute to the leafy character of the streetscape which is otherwise dominated by high rise units blocks and buildings within the UNSW.

 

A vehicle crossing already exists along the northern boundary, and while the pre-lodgement (refer PL/28/2008) indicated that the new crossing/basement entry ramp would be positioned along the southern side of the site, this current application shows that it will actually be located along the northern boundary, setback a distance of 1 metre off the common (northern) site boundary.

 

In order to prevent damage to these street trees during the course of the works and ensure their preservation in the streetscape, protection measures together with a monetary bond will need to be imposed, and have been included as conditions in this report.

 

Still within this nature strip area, but further to the south, centrally across the width of the site, there is one Olea europaea (European Olive) and one Eriobotrya japonica (Loquat), both of about only 3 metres in height, which must have been planted by the property owner as neither species are used by Council in this immediate area.

 

Conditions require that they both be removed by the applicant at their own cost (even if they’re not affected by this application), so as to facilitate the planting of more desirable species which will more effectively serve the long term amenity of the site and streetscape.

 

All existing vegetation within the front yard of the subject site is insignificant, and too small to be covered by Council’s Tree Preservation Order (TPO), and as such, will need to be removed and replaced with new landscape treatment that will enhance the appearance and interaction of the proposal with the streetscape.

 

However, beyond the northwest corner of the subject site, in the front yard of the adjoining property to the north, 1 Forsyth Street, close to the common boundary, there is a group of trees comprising from west to east, one 6m tall Cupressus species (Conifer), one Jacaranda mimosifolia (Jacaranda), which is the largest and most dominant tree in this area, occupying most the front yard of this neighbouring property, then one Brachychiton acerifolius (Illawarra Flame Tree) of poor condition, and another Conifer. 

 

They are all covered by the TPO, and overhang the common boundary into the subject site to varying degrees, with the main threat posed by this application being excavations associated with the northern edge of the basement entry ramp, as well as footings for the raised planter and altering existing ground levels.

 

The close proximity of these trees to the works and the fact that both properties have similar soil levels means that their root systems would have likely extended into the subject site; however, given their relatively small size, the level of incursion to their root systems is anticipated to be an amount that they can sustain.

 

In order to manage this impact, conditions in this report require that a construction method such as sheet piling or contiguous bored piers be used for this section of the works, with the 1 metre setback to be maintained as deep soil, as this will minimize damage and disturbance to the southern sides of their root plates by maintaining the soil profile.

 

Consistent with previous advice, no objections are raised to removing the Olea europaea (European Olive) in the rear yard, along the southern boundary, as well as the Persea americanna (Avocado Tree), towards the northeast corner of the site, fronting Wills Lane, both of 6 metres in height, as neither are deemed significant enough to warrant a re-design given that this would substantially affect the layout of the entire proposal, with approval granted for their removal on the basis that suitable landscaping which includes replacement trees for both environmental and amenity purposes are provided in their place.

 

Adjacent the Avocado Tree described above, within the neighbouring property to the north, 1 Forsyth Street, there is another Olea europaea (European Olive) which overhangs the common boundary and will likely need to be pruned to avoid damage, with a relevant condition included.

 

It was previously stated that there were minimal opportunities for the provision of any meaningful planting at this site, either in raised planters or more desirable deep soil, due to a combination of site constraints and the footprint of the proposed building, and while a landscape plan has now been submitted, both the quality of the documentation and the treatment being proposed is below the standard normally required for this type of development, with conditions still needing to be imposed.

 

The assessing officer is advised that this application does not achieve compliance with the minimum landscaped area requirements specified by Council’s LEP for Multi-Unit Housing in the 2B Zone, in that 38% of the site is proposed as landscaped area (50% required), resulting in a shortfall of 12%, and while the applicant states that this should be deemed satisfactory given the narrow width of the site, on-site parking requirements and steep slope to the east, a determination will need to be made on these issues as part of the assessment.

 

Assessing Officer: Non-compliance with the minimum landscaped area requirements is assessed in the SEPP 1 Objection section of this report and is found to be acceptable. The revised plans include deep soil zones in the street setback and mid-site which significantly improve the landscape treatment to the site.

 

Drainage Comments

On site stormwater detention is required for this development.

 

The Planning Officer is advised that the submitted drainage plans should not be approved in conjunction with the DA, rather, the Development Engineer has included a number of conditions in this memo that relate to drainage design requirements. The applicant is required to submit detailed drainage plans to the certifying authority for approval prior to the issuing of a construction certificate.

 

Traffic Comments

Parking provision –             3 x 2 bedroom unit = 3 x 1.2 = 3.6 car spaces

                                      1 x 3 bedroom unit = 1 x 1.5 = 1.5 car spaces

                                      4 units = 0.25 x 4 = 1 visitor car space

 

Total Required = 6.1 spaces (6 spaces) Number proposed = 6 spaces

 

Provision of mechanical turntable - The submitted plans show the provision of a mechanical turntable, however it is noted that the Development Engineer does not generally support the use of such mechanical devices within carparks.

 

Details have been submitted showing satisfactory turning paths onto/off the turntable to and from parking spaces in the basement carpark and development engineering has included conditions regarding the proposed turntable.

 

Service Authority Comments

At the Health, Building and Planning Committee meeting on 8 November 2005, it was resolved on the motion of Councillors Nash and Belelli that:

 

(a)    the applicants of development applications be required to meet all costs associated with replacing overhead wires with underground cables in the vicinity of the development site when the cost of works on the site exceeds $2 million;

 

(b)    the applicants of development applications be required to meet all costs associated with replacing overhead wires with Aerial Bundled Cables in the vicinity of the development site, when the cost of works on the site exceeds $1 million up to $2 million; and

 

(c)    the Director, City Planning investigate the feasibility of funding the undergrounding of existing overhead cables for new development under the new options provided for in the Environmental Planning & Assessment Act (Developer Contributions) Act 2005.

 

An inspection of the site revealed that with the exception of the feeder lines into the subject site there are no overhead cables along the Forsyth Street site frontage. Consequently, the applicant will only need to underground the cables servicing the subject development site.

 

Building Services Officer

 

The Proposal

The proposal provides for the demolition of the existing dwelling and construction of a new 3 storey Multi Unit Housing residential development with a detached 3 storey building at rear.

 

BCA Building Classification

Class -                   1a      (Dwelling)

Class -                   2        (Residential Units)

Class -                   7a      (Carpark)

 

Background

The existing building on site is a post war brick cottage bounded by buildings of a similar nature.

 

Building Code of Australia (BCA):

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

 

Noise:

There is potential for the generation of noise from the proposed development due to the installation of plant and equipment, such as any mechanical exhaust system serving the basement car park. Conditions should be imposed on the consent to address potential noise emissions from the development.

 

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.

 

Design Review Panel

 

Relationship to the Context of the Proposal 

The contextual information requested was not provided, however the neighbouring houses and an apartment building are indicated on the Forsyth St elevation.  A series of cross sections through the site and the proposal would also be useful in describing the proposed building’s relationship with the immediate neighbours.  Retaining walls should be minimized and the Panel would like to review an elevation of the north and south boundary walls and fences.  The neighbour’s ground lines are indicated however more information is required to really assess the proposal properly.

 

Assessing Officer: In combination with a site inspection, the plans were sufficiently detailed to allow a full and proper assessment by the Assessing Officer.

 

The Scale of the Proposal

The scale of the proposal is satisfactory in relation to the Council’s planning constraints, however a number of issues should be considered as follows:

 

·                The boundary condition should have reduced areas of retaining walls

·                The Willis Lane apartment (Unit 4) should be raised to reduce the amount of excavation and improve access and its relationship to the lane.

·                The roof line should be consistently pitched to reduce overshadowing to the southern neighbour

 

Assessing Officer: These changes were made and are satisfactory.

 

The Built Form of the Proposal

There has been general improvement to the scheme however the Panel has concerns as follows:

 

·                The building forms are too complex and should be viewed more as 4 houses with small footprints than overlapping apartments.

 

Assessing Officer: The massing and elevation treatments were rationalised and simplified to respond to this recommendation and are now acceptable.

 

·                The ‘house’ to the lane should be raised and moved closer to the lane.  The cars should be housed within the building footprint and the side setbacks should match those of the other 3 apartments.

 

Assessing Officer: The ‘house’ (unit 4) was raised and moved closer to the street. Setbacks are assessed under the environmental assessment section of this report and are acceptable.

 

·                The distance between the building on the lane and the 3 other houses should be greater to optimize the sun access to the southern neighbour.

 

Assessing Officer: The distance between the 2 buildings was increased to 9m and is now acceptable.

 

·                This area between the buildings should have some deep soil areas.

 

Assessing Officer: This area now includes a deep soil zone between unit 4 and the basement car park.

 

·                The impact of the long driveway on the north should be treated, possibly with a pergola for the area that Unit 1 overlooks.

 

Assessing Officer: A plans now feature a pergola over the driveway where it is overlooked by unit 1.

 

·                The position of the current sewer vent and the how it is dealt with within this development

 

Assessing Officer: The sewer vent treatment is subject to Sydney Water requirements and there are conditions in the consent on this matter.

 

·                The Unit 1 courtyard retaining wall and fence should be lowered to reduce their impact on the streetscape.  The photomontage shows clearly that this element is out of scale within the street (although there seems to be some differences between the architectural drawings and the montage).

 

Assessing Officer: The courtyard wall now complies with the preferred solution in Council’s DCP for Multi-unit Housing.

 

·                The Forsyth Street elevation is unnecessarily eroded by too many small setbacks – there should be fewer more decisive elements

 

Assessing Officer: The street elevation now has 2 primary facades and is acceptable.

 

·                Given the narrow from, the roof forms should be simplified further

 

Assessing Officer: Roofs are now simple pitched roof forms consistent with the pitched roof forms of narrow residential flat building nearby.

 

·                Shadow diagrams were not made available to the Panel for assessment.

 

Assessing Officer: Shadow diagrams were submitted with the development application. Solar access is assessed in the environmental assessment section of this report and is found to be acceptable.

 

The Proposed Density

The density is satisfactory

 

Resource and Energy Use and Water Efficiency

There is insufficient shading and weather protection to northern windows. More coverage to western balconies should be provided.  This will increase their usefulness and their effectiveness in shading the west facing glass doors. The method of window operation should be indicated on all windows.  The operation should be designed to optimise cross ventilation opportunities. Fixed glass windows should be reduced or eliminated.

 

Assessing Officer: The north and west facing windows are now installed with shading devices.

 

The Proposed Landscape

Some deep soil area should be provided to the central courtyard area (Unit 4 courtyard).  Some of the plant species chosen appear to have reasonable mature height however they are closely planted.  A statement on the intent of the landscape design would be appreciated to assist the Panel in its assessment.

 

The escape stairs from the basement are unnecessarily convoluted, and could be simplified. This would potentially reduce the footprint of the basement and excavation, and therefore increase landscape area.

 

Assessing Officer: The detached building was moved further east allowing additional deep soil area mid-site. The basement escape stair was reconfigured and now has a smaller footprint. This is acceptable. The recommendation includes conditions for landscaping and species selection.

 

The Amenity of the Proposal for its Users

The site circulation needs improvement.  The positions of the stairs from the car park should be reconsidered to make site circulation more direct.  The access to stair 1 past the garbage bins could be quite an unpleasant entry to the apartments.

 

Internal planning is reasonably well considered however some areas of entry and circulation are tight and may be more spacious if a different stair configuration is used.  As previously stated, a scheme where each apartment is designed as a separate house may create a better outcome. 

 

Assessing Officer: The stair configuration from the basement was amended. Circulation is now more direct and does not pass the garbage storage area.

 

The Safety and Security Characteristics of the Proposal

The above information does not seem to be provided within the current DA documents.  The Panel would like this clarified.

 

Assessing Officer: The garage is installed with a security door. Access control and casual surveillance is adequate. The proposal satisfies the safety and security requirements of the Multi-Unit Housing DCP.

 

Social issues

Apartments of the proposed mix and size would be suitable for this location.

 

The Aesthetics of the Proposal

Although some improvements have been made, the Panel considers the design remains overly complicated and lacking in suitable scale and proportion.  The Applicant should investigate reducing the number of disparate elements throughout.

 

The stepping of the masonry walls to the west and placement of windows doors and awnings on the north and south are considered unsatisfactory.

 

The roof, as it tilts towards the south is overbearing and unnecessary. It is too complicated in relationship to other roof, parapet and shelf elements.

 

Assessing Officer: Fenestration, elevations and roof form were rationalised and simplified into more robust forms. The tilting roof was replaced with a simple pitched roof with gable ends.

 

Summary and Recommendations

 

The Panel wishes to review this proposal again after the applicant has considered the above comments.

 

Assessing Officer: The necessary changes were made to the plan addressing the Panel’s comments.

 

9.       Relevant Environmental Planning Instruments

 

Randwick Local Environmental Plan 1998

The proposal satisfies the zone objectives for the 2B Residential Zone. Non compliance with development standards for floor area, height and landscaped area are assessed under the SEPP 1 section of this report.

 

Draft Randwick Local Environmental Plan 2009

The proposal is not inconsistent with the Draft Plan.

 

State Environmental Planning Policy No 65.

The modification application was accompanied by the requisite Design Verification Statement. The application was also referred to the Randwick/Waverley Design Review Panel and their comments are assessed in this report.

 

State Environmental Planning Policy: BASIX

The proposed modification was accompanied by the requisite BASIX certificate.

 

Development Control Plan – Multi-Unit Housing

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

 

 Performance Requirement

Preferred Solution

Compliance

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

Site analysis submitted.

P2 Development sites have appropriate areas/dimensions to allow for satisfactory siting of buildings.

S2 Sites are of regular shape with frontages of at least 20m.

Site is regular in shape but has frontage of just 10m. See environmental assessment.

P3 Development on corner sites responds to both street frontages.

 

n/a

Height

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

 

 

See SEPP 1 Objection for encroachments on height development standards.

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

 

 

Development split into 2 buildings to distribute building mass in a satisfactory manner.

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

Front boundary setback is 7.5m in line with buildings and is satisfactory.

P2  Side boundary setbacks

Side setbacks to ensure:

§  Solar access maintained and overshadowing minimised.

§  Privacy between adjoining dwellings and open spaces.

§  Landscaping and private open space provided.

§  Streetscape amenity is maintained.

S2  Zone 2B

Minimum average setback 4 metres.

No part closer than 2.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

See environmental assessment for encroachments on side boundary setbacks.

P3  Rear Boundary Setbacks

Ensure that:

§  Solar access and overshadowing are minimised.

§  Privacy between neighbouring dwellings and their open spaces provided.

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

§  Building built across site

 

S3  Zone 2B

Minimum average setback 6 metres.

No part closer than 4.5 metres.

Maximum length of wall without articulation 10 metres.

See environmental assessment for encroachments on rear boundary setback.

P4  General

Eaves, window hoods and other sun-shading or weather protection pose no significant adverse impact on adjoining properties.

 

S4 No device may encroach more than 25% of the Preferred Solution.

See environmental assessment for setback encroachments.

Density

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

 

 

 

 

 

 

See environmental assessment section for variation to floor space ratio

Fences

P1  Fences to be/have:

§  consistent with streetscape;

§  Entrances highlighted; and

§  Planting used to soften and provide privacy.

S1 Solid front fences no higher than 1.2 metres. May increase to 1.8 metres when 50 % transparent.

 

Front fence to 1.8m with open timber slats from 1.2m. Satisfactory.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1 Minimum for landscaped area 2 metres.

Landscaped areas are suitably size for recreation and substantial vegetation. Non-compliance with LEP development standard is assessed under SEPP 1 Objection section of this report.

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

 

There is a high proportion of individually allocated private open space area. This is acceptable for 4 units.

P3  Private Open Space

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

 

All private open space areas are suitably connected to living spaces.

P4 Is located in front of the building only where setback and fence design sympathetic.

 

 

Front fence has open design above 1.2m. Satisfactory.

P5  Townhouses

Each dwelling is provided with an area of useable private open space or courtyard area, at ground or podium level.

 

S5 Minimum area of 25m2 and a minimum dimension of 3 x 4 metres.

n/a

P6  Flats and apartments

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

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

Units 1, 2 and 4 have ample ground level private open space. Unit 3 is limited to smallish balconies less than 2m wide but has 17.6m2 in total. Satisfactory.

 

Privacy

P1  Visual Privacy

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

 

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

There is no direct overlooking within 9m from living room windows or balconies of living rooms.

P2 Private open space design and location ensure privacy.

 

 

Proposed open space areas are adequately private.

P3  Acoustic Privacy

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

 

 

Satisfactory.

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

Satisfactory.

View Sharing

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

 

 

Limited outlook over the site from development to the east. Impacts are acceptable.

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

 

P3 Buildings are aligned to maximise view corridors between buildings.

 

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

See Solar Access comments in Environmental Assessment section

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

 

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

 

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

 

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§  Living areas are orientated to the north.

§  Larger windows are located on the north.

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

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

Living rooms have a northern orientation. The proposal satisfies BASIX requirements. Satisfactory.

P5 Buildings have roofs with pitch suitable for solar collectors.

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

The buildings have hipped roofs with a northern aspect suitable for future solar collector installation. Satisfactory.

Safety and Security

P1 Design allows surveillance.

 

There is a good amount of casual surveillance of internal areas and the street. Satisfactory.

P2 Approaches and entries are visible.

 

Dwelling entries are visible from the street. Satisfactory.

P3 High walls and structures avoided.

 

Most walls are approximately 1.8m high. Satisfactory.

P4 Resident car parking has security grilles or doors.

 

Basement garage has a security door. Car-port does not require a door. Satisfactory.

P5 Visitor parking spaces clearly identifiable.

 

Visitor spaces are within the basement garage.

P6 Adequate lighting for personal safety and security provided.

 

 

Satisfactory.

P7 Adequate lighting is provided in common areas.

 

Satisfactory.

P8 External lighting does create a nuisance.

 

 

Consent condition.

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

Parking arrangements are assessed by the Development Engineer and are satisfactory.

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

 

Garage entry is set well behind the street frontage and is not dominant.

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

 

None required

P3 Secure storage for bicycles is provided.

 

Storage for bicycles in the basement garage is adequate.

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

Satisfactory.

P2 Vehicles enter/ leave in a forward direction.

S2 Vehicles enter with a single turn and leave in no more than 2 turns.

Turntable facilitates forward entry/egress. Single carport includes a reverse manoeuvre to Willis Ln. this is acceptable for a single car space. Satisfactory.

P3 Driveways and access roads avoid a ‘gun barrel’ effect.

S3 Long driveways provide passing bays.

Driveway is suitably integrated with the building and landscaping and does not create a ‘gun-barrel’ effect. Satisfactory

P4 Space between boundaries and driveways, access ways and parking spaces enables landscaping and planting.

S4 Driveways have a minimum width of 3 metres and is at least 1 metre from any side or rear fence.

Driveway is 3m wide and setback 1m from the side boundary. Satisfactory.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

Driveway is suitably integrated with the building and landscaping and does not include a ‘large expanse of uncoloured concrete’. Satisfactory

P6 Driveway gradients safe.

S6  Driveway gradients do not exceed 1 in 6 or 1 in 5 for ramps over 20m.

Driveway gradient is satisfactory.

Storage

P1 Accessible and separate storage for each dwelling.

S1 10m2 of storage space is provided for each dwelling. Minimum clearance height of 2.1m. At least 50% of storage space is within dwelling and is readily accessible from either the hallway or main living area. Storage facilities may be in basement areas, or attached to garages.

Storage is a mix of basement secure stores, walk-in and built-in wardrobes and linen presses.

Barrier-Free Access

P1 Design must provide access for people with special access needs as required (foyer parking open space).

S1 Publicly accessible areas comply with the Building Code of Australia for access and mobility.

Building is to comply with BCA. Satisfactory

P2  Dwelling requirements:

0 – 14 dwellings   0

15 – 29 dwellings  1

30 – 44 dwellings  2

45 – 60 dwellings  3 so on…

The requirements of AS1428.1 and AS 4299 are to be considered.

 

There are only 4 units proposed so none area requirements to be accessible.

P3 Dwellings for people with a disability have corresponding parking space.

 

n/a

P4 Passenger lifts provide access for people with a disability to common and parking areas.

 

n/a

Utilities/Site Facilities

P1 Mailboxes provided in accordance with Australia Post.

 

Consent condition

P2 Provisions for a single common TV and radio reception device.

 

Consent condition

P3 Electrical reticulation underground and meter boxes placed in positions acceptable to Energy Australia.

 

Consent condition

P4 Reticulated gas to a meter for each dwelling and service points for cooking and heating in units.

 

Consent condition

P5 Water and sewerage provided in accordance with requirements of Sydney Water.

 

Consent condition

P6 Telephone lines provided in accordance with the service provider.

 

Consent condition

P7 Internal laundry to each dwelling, communal clothes drying made available and screened from the street.

 

Laundry facilities in each unit. Clothes drying facilities to comply with BCA. Satisfactory.

Waste Minimisation and Management

P1 Waste collection and separation facilities for each dwelling.

S1 Each kitchen has a waste cupboard for separation of recycling materials, with adequate storage for one day’s waste.

Adequate storage available in the kitchen

P2 Waste storage to be provided in a centralised position that has easy access for moving bins to the street for collection.

 

 

Garbage room in basement and suitably proximate to the street. Satisfactory.

P3 The location and design of waste facilities does not visually detract from the development or the streetscape.

 

S3 Waste facilities not to be located between the front building alignment and the road.

Garbage room in the basement and not visible from the street.

 

10.   Environmental Assessment

 

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

 

Lot frontage

 

The site is 10m wide and narrower than the preferred width of 20m in Council’s Multi-unit Housing Development Control Plan. Senior Commissioner Roseth of the Land and Environment Court established a planning principle dealing specifically with preferred lot width in CSA Architects v Randwick City Council [2004] NSWLEC 179:

 

Planning principle

Where the council has a policy for small or narrow sites, the Court should, where reasonable, apply that policy. (This is a valid principle for all matters before the Court.) In the absence of a council policy, the assessment of a proposal on a site that is below the preferred area or width should be considered both as a development on its own site as well as in the context of possible developments on neighbouring sites. The following questions should be asked:

 

Would approval of the application result in the isolation of neighbouring sites?

Would it render the reasonable development of neighbouring sites difficult?

Can orderly, economic and appropriate development of the subject site as well as neighbouring sites be achieved?

 

The main criterion for assessing the proposal on its own site is whether it meets other planning controls, eg. Does the proposal meet density, setback and landscaping controls? The most critical control for small and narrow sites is that for setbacks.

 

Is its impact on adjoining properties and the streetscape worse because the development is on a small or narrow site?

 

Where an application meets other planning controls and the area and width of the site does not exacerbate its impacts, the failure of the site to meet the preferred area or width would usually not be a reason for refusal.

 

The proposed development does not result in the isolation of neighbouring lots. The lots on either side are larger than the minimum lot size specified in Clause 30 Randwick Local Environmental Plan, and they are at least as big as the subject site. They could be developed in much the same manner as proposed without undue difficulty.

 

While departing from LEP development standards for density, height and landscaping, and DCP preferred solutions for setback, the proposal fits nicely in the street because it compares with the height, length, width and placement of other residential flat buildings nearby at 2, 4 and 9 Forsyth St and 62 Barker St. These merit issues have been considered in more detail previously in this report.

 

The impact of the proposed building is unquestionably greater than that of a smaller building on the same site. However, stricter application of the preferred solutions would unreasonably restrict the development potential of the site as application of the minimum average side setback of 4m would result in a 1m wide building.

 

For these reasons, the failure of this site to meet the preferred width is not grounds to refuse consent in this case.

 

Side boundary setback

The proposed minimum side setback is 1.5m and the proposed minimum average side setback is 2.4m, breaching the preferred solutions of 2.5m and 4m respectively.

 

About half of the side elevations are 1.5m from the boundary. Another third is setback either 2.2m or 3m and a further 17% is either 3.4m or 4m. The proposal is also split into 2 buildings. The proposed setback conditions compare with the setback conditions of residential flat buildings at 2, 4 and 9 Forsyth St. These buildings are setback 2.7m from the side boundaries for their full length and height. With more detailed modeling, the proposed development is actually superior in its placement on the site and more visually interesting than those nearby buildings of the same size.

 

Rear boundary setback

The proposed building abuts the rear boundary, breaching the preferred rear boundary setback of 4.5m and the preferred average setback of 6m.

 

The proposal is split into 2 buildings 9m apart. The 9m gap is mid-site and admits sunlight to the southern lot in an opportune manner as discussed in the ‘solar access’ section next in this report. The 9m gap adequately serves the purpose of a rear setback.

 

Solar access

The proposal overshadows the northern elevation of the southern dwelling at 5-7 Forsyth St all day long during the winter solstice.

 

The affected building at 5-7 Forsyth St is highly vulnerable to overshadowing because:

 

  • it is zoned 2B for medium density residential development
  • it is nearby to buildings that are the same size as the proposed development.
  • its northern elevation is single storey and 1.5m from the side boundary
  • its northern elevation would also be overshadowed during the winter solstice by a building that complied with the height and setback preferred solutions.

 

The proposal building is superior to a building that complies with the preferred solutions for height and setback because it is made up of 2 buildings that are 9m apart, which means:

 

  • sunlight reaches the full-width of 5-7 Forsyth St and its eastern elevation, whereas a full-length complying development would overshadow half of its width.
  • a future development of 5-7 Forsyth St could have a higher proportion of units with eastern and western sunlight, whereas a complying development would result in total overshadowing of single aspect units on the ground floor.

 

For these reasons, total overshadowing of the existing northern elevation at 5-7 Forsyth St is acceptable.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:               Excellence in urban design and development.

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

Key Action:               Encourage and reward design excellence and sustainability.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 


Conclusion

 

This development application is referred to Council because there are SEPP 1 objections that are more than 10% over the development standards for landscaped area, floor space ratio and height.

 

The proposal is for multi-unit housing with 4 units up to 3 storeys high in 2 buildings. There is underground basement parking for 5 cars with access off Forsyth St. There is also a 1 space carport with access off Willis Ln servicing the 4th unit. The proposal was amended during assessment to address issues from the SEPP 65 Design Review Panel and the objectors.

 

The site is on the eastern side of Forsyth St south of Barker St in Kingsford. It has dual frontage with Forsyth St to the west and Willis Ln to the east. There are free standing homes north and south and apartment buildings up to 4 storeys high nearby.

 

There were objections on the grounds of excessive building size, overshadowing and privacy. These matters are dealt with in the report.

 

There are variations to the development standards for floor area, landscaped area and height, and to the preferred solutions for setback and solar access. However, the site strategy adopted by the applicant will result in the distribution of the mass into two building blocks rather than a single monolithic form, thereby, improving the amenity for neighbouring residents.

 

The application is recommended for approval subject to conditions.

 

 

Recommendation

 

A.     That Council support the objections under State Environmental Planning No. 1   (SEPP No.1) in respect to non-compliance with clauses 31, 32 and 33 of the Randwick Local Environmental Plan 1988, relating to landscaped area, floor         space ratio and building height, on the grounds that the proposed development         is consistent with the objective of the clauses and will not adversely affect the        amenity of the surrounding locality and that the Department of Planning be    advised accordingly.

 

B.     That Council as the consent authority grant its development consent under of Section 80 and 80A of the Environmental Planning and Assessment Act 1979 to         Development Application No. DA/825/2008 for demolition of existing dwelling      and construction of a part 2 and part 3 storey multi unit housing building in 2         buildings containing 4 residential units, basement carparking for 5 vehicles,       carport fronting Willis Street and associated works (SEPP1 objections to floor space ratio, wall height and landscape controls) at 3 Forsyth Street, Kingsford,    subject to the following conditions:

 

1.                  The development must be implemented substantially in accordance with the plans numbered DA1b to DA11b dated October 2008 and received by Council on 17 April 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 satisfy the provisions of section 79C of the Environmental Planning and Assessment Act 1979 and to maintain reasonable levels of environmental amenity:

 

2.                  The colours, materials and finishes of the external surfaces to the building are to be compatible with the 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.                  Street numbering must be provided to the premises in a prominent position, to the satisfaction of Council.

 

In this regard, prior to occupation of the building, an application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of an appropriate street number/s to the development.

 

4.                  Power supply and telecommunications cabling to the development shall be underground.

 

5.                  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.

 

6.                  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.

 

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.

 

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

 

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.

 

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

 

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

 

Category

Cost

Applicable

Levy

S94A Levy

Development cost

$100,001 - $200,000

-

0.5%

-

Development Cost

More than $200,000

$1,120,185.

1.0%

$11,201.85

 

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.

 

Security Deposit Conditions

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

 

11.              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:

 

i)        $5000.00    -      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.

 

Traffic conditions/Civil Works Conditions

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

 

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

 

i)        Construct a new heavy duty concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site in Forsyth St amd a new residential vehicular crossing and layback opposite the vehicular entrance to the site in Willis Lane.

 

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

 

iii)     Construct a kerb and gutter for the full Willis Lane site frontage except opposite the vehicular entrance and exit points.

 

iv)    Re-construct a kerb and gutter for the full site frontage in Forsyth Street except opposite the vehicular entrance and exit points.

 

v)     Carry out a minimum 0.60m wide, road reknit in front of the kerb and gutter along both Forsyth St & Willis Lane frontages.

 

vi)    Reconstruct a concrete footpath along the Forsyth St site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

13.              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.

 

14.              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.

 

15.              All new walls adjacent to the vehicular crossing in Forsyth Street 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.

 

16.              The driveway opening at the Forsyth Street frontage must be 3.50 metres wide and located at least 1.0 metre clear of the side property.

 

17.              The basement carpark is to have a 4.50m diameter vehicle turntable installed as shown on the basement floor plan (Drwg No DA2b dated 17/4/09).

 

18.              Instructions for operation of the turntable are to be displayed in the basement carpark.

 

19.              The following details are to be made available to all tenants that use the turntable:

 

i)        Manufacturer specifications and instructions for operation;

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

iii)     Maintenance schedules; and

iv)    Safety and training requirements for the use of the turntable.

 

A copy of these details are to be forwarded to Council prior to the issuing of any occupation certificate.

 

20.              A Works Zone is to be provided in Forsyth 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.

 

Alignment Level Conditions

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

 

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

 

Forsyth Street Frontage - match the back of the existing footpath along the full site frontage.

 

§           Willis Lane Frontage – Car space - 60mm above the edge of the asphalt road in Willis Lane Pedestrian Entrance - 120mm above the edge of the asphalt road in Willis Lane.

 

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

 

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

 

23.              The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $885.00 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.

 

Service Authority Conditions

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

 

24.              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.

 

25.              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.

 

26.              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 Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

27.              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.

 

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

 

29.              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 occupation of the development

 

Drainage Conditions

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

 

30.              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:

 

i)        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.

 

ii)      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. 

 

iii)     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.

 

iv)    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

 

v)     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.

 

vi)    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.

 

vii)  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.

 

31.              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.

 

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

 

i)        The kerb and gutter or drainage system at the front of the property; OR

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

 

33.              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.

 

34.              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.

 

35.              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.

 

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

 

37.              Any onsite detention/infiltration systems shall be located in areas to be dedicated as common property  / areas accessible by residents of all units.

 

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

 

i)        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)

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

iii)     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

 

39.              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.

 

40.              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.

 

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

 

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

 

43.              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.

 

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

 

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

ii)      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.

 

45.              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.      If new linen plans are being prepared for the site, the plans shall indicate the location and dimensions of the detention/infiltration areas. 

c.      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.

 

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

 

i)        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.

 

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

 

iii)     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’

 

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

 

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

 

47.              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:

 

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

ii)             Finished site contours at 0.2 metre intervals;

iii)           Volume of storage available in the detention areas;

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

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

vi)          Details of any infiltration/absorption systems; and

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

 

48.              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.

 

49.              As the above site may encounter groundwater/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:-

 

i)        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.

 

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

 

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

 

51.              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.

 

52.              A separate written approval from Council is required to be obtained in relation to any proposed discharge of groundwater into Council’s drainage system external to the site, in accordance with the requirements of Section 138 of the Roads Act 1993.

 

Waste Management Conditions

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

 

53.              The garbage room areas will have to be designed so as to be able to contain a total of 4 x 240 litre bins (2 garbage bins & 2 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.

 

54.              The waste storage area shall be clearly signposted.

 

55.              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.

 

Landscape Conditions

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

 

56.              A landscape plan prepared by a qualified professional in the Landscape/Horticultural industry (must be a registered member of either AILDM or AILA) shall 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 site works if not the PCA) and must detail the following:

 

A site plan at an appropriate scale showing existing site boundaries, existing trees within the property (clearly identified as being retained or removed), existing street trees (clearly identified as being retained or removed), features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, and at the base of the tree/s to be retained, proposed building envelope, proposed areas of pavement, and Landscape Conditions

 

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

 

57.              Landscaping at the site shall be installed substantially in accordance with Landscape Plans by Green Serene, dated September 2009, 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 if not the PCA prior to the commencement of works):

 

a.              Replacing the row of 8 x Syzygium paniculatum (Magenta Lily Pillies) and 4 Elaeocarpus reticulatus (Blueberry Ash) at the front of the site, along the northern boundary, with a smaller species as the ability to contain these trees (6-10m at maturity) within the 1m wide garden bed depends entirely on regular and ongoing pruning;

 

b.              The same applies to the 6 x Syzygium luehmannii (Small Leafed Lilly Pillies) and 5 x Podocarpus elatus (Brown Pines) proposed within the small raised planter to the east of Unit 2;

 

c.              4 x Waterhousia floribunda (Weeping Lilly Pillies) within the front courtyard of Unit 1 is excessive and will result in shading and overcrowding, and need to be reduced to a total of 1, with an alternative hedge to be nominated for the northern and southern perimeters for the same reasons already outlined above;

 

d.              Selection of an alternative species within the 1m x 1.5m planter at the southeast corner of the central courtyard area, as it is insufficient to support an 8 metre tree.

 

e.              A more thoughtful treatment of the central courtyard area that will serve the amenity needs of future occupants rather than just a random selection of trees, and will need to incorporate smaller, decorative feature/accent species.

 

f.               Inclusion on the plant schedule of smaller, decorative plants to add definition and scale to the planted areas, as the planting consists almost entirely of medium to large native screening trees.

 

g.              Additional notation showing soil and mulch details, irrigation details, edging, paving, fencing details, surface finishes, retaining wall details, and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

h.              The 1 metre wide setback between the northern edge of the driveway/basement entry ramp and northern boundary (refer also to Neighbouring Tree condition below) must be shown as deep soil, which will contain appropriate screen planting.

 

i.                The landscape plan shall show a minimum number of 3 x 100 litre (pot/bag size at the time of planting) broad canopied tree/s (not palms) suitably located within the site, being one within Unit 1’s courtyard fronting Forsyth Street, one along the northern boundary adjacent Units 2 & 3, and one in Unit 4’s courtyard, with the species selected to be those which will attain a minimum height of 6 metres at maturity.

 

j.                Screen planting using an evergreen species which will attain a minimum height of 2 metres at maturity along the length of the western boundary, for the purposes of screening, privacy and the amenity of Unit 1.

 

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

 

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

 

60.              Any substation required shall be screened from view. The proposed location, elevation and screening method shall be shown on all detailed landscape drawings and specifications.

 

61.              The applicant shall be required to ensure the retention and long term health of all trees located on adjoining properties adjacent to the proposed development. As a general guide, there shall be minimal excavation or root pruning beneath the driplines of such trees, and where roots are encountered, they are to be cut cleanly by hand, and the affected area backfilled as soon as practically possible.

 

Tree Removals

 

62.              Approval is granted for the removal of all existing vegetation within the site as part of this application (including the European Olive & Avocado Tree in the rear yard), as all were observed to be either insignificant or exempt from the provisions of Council’s Tree Preservation Order (TPO), with this approval subject to full implementation of the approved landscape plan.

 

Street Trees

 

63.              The applicant will be required to remove and dispose of (at their own cost) the existing Olea europaea (European Olive) and Eriobotrya japonica (Loquat), located centrally across the width of the site, on Council’s Forsyth Street nature strip from, and must satisfy themselves as to the location of all site services prior to the commencement of any works on public property.

 

64.              The applicant must also submit a payment of $107.25 (including GST) to cover the cost for Council to supply and plant 1 x 25 litre street tree, Hibiscus tiliaceus (Cottonwood) on the nature strip, to the south of the proposed vehicle crossing.

 

This 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 a construction certificate being issued for the development.

 

The applicant shall contact Council’s Landscape Development Officer on 9399-0613, giving at least four weeks notice to arrange for planting of the replacement street tree upon completion of all site works.

 

Street Tree Protection

 

65.              In order to ensure preservation of the two Agonis flexuosa (Willow Myrtles) located on Council’s Forsyth Street nature strip, in an east-west arrangement, just beyond the northern site boundary, in front of 1 Forsyth Street in good health, the following measures are to be undertaken:

 

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

 

b.                  Any new services, pipes, stormwater systems or similar that need to be installed over public property in this area, must be done so hard up against either side of the proposed vehicle crossing so as to minimise root damage.

 

c.                  Both street trees must be physically protected by installing a minimum of three star pickets in line with the northern site boundary, between the kerb to their west and the footpath to their east, to which safety tape/para-webbing shall be permanently attached so as to completely exclude both trees for the duration of the works.

 

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

 

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

 

f.                   There is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble on the northern side of the crossing.

 

g.                  Any roots encountered during excavations associated with the vehicle crossing, kerb and gutter or public footpath must be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

 

h.                  A refundable deposit in the form of cash, credit card or cheque for an amount of $2,000.00 (no GST) shall be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of the street trees.

 

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

 

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

 

Tree Pruning

 

66.              Should the minimal pruning of the southern aspects of those trees located in the front yard of the adjoining property to the north, 1 Forsyth Street, close to the common boundary, being from west to east, one Cupressus species (Conifer), one larger Jacaranda mimosfolia (Jacaranda), one Brachychiton acerifolius (Illawarra Flame Tree) and another Cypress, as well as a Olea europaea (European Olive) in the rear yard be required, it shall be selective, and involve only those lower growing branches where they specifically overhang the common boundary and need to be pruned off in order to avoid damage to the trees during the course of works.

 

67.              This approval does not imply any right of entry onto this neighbouring property, nor does it allow pruning beyond a common boundary; however, where such measures are desirable in the best interests of correct pruning procedures, and ultimately, the ongoing health of this tree, the applicant must negotiate with the neighbour/tree owner for access to perform this work.

 

68.              All pruning must be undertaken by an Arborist who holds a minimum of AQF Level III in Arboriculture, and who is also a registered member of a nationally recognised organisation/association, with all pruning to be performed to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

 

Neighbouring Trees

 

69.              In order to ensure preservation of the group of trees located beyond the northwest corner of the site, in the front yard of the adjoining property to the north, 1 Forsyth Street, close to the common boundary, being from west to east, one Cupressus species (Conifer), one larger Jacaranda mimosfolia (Jacaranda), one Brachychiton acerifolius (Illawarra Flame Tree) and another Cypress, as well as one Olea europaea (European Olive) in the rear yard, in good health, the following measures are to be undertaken:

 

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

 

b.                  Any excavations associated with the basement entry ramp/raised planter proposed along the northern boundary, at the northwest corner of the site, within 11 metres of the front boundary, must be setback a minimum distance of 1.00 metre off the common boundary, with a construction technique such as sheet piling or contiguous bored piers or similar to be utilised here, as well as for any retaining walls within a 5 metre radius of the neighbouring Olive Tree in the rear yard, so that excavations and the resulting disturbance to their root systems will not be required beyond the point of the cut into the existing soil profile.

 

c.                  All construction certificate plans must also show that soil levels to the north of the wall described in point ‘b’ above, will be retained as deep soil, so as to ensure that reasonable levels of air and moisture are maintained to the root systems of these neighbouring trees.

 

d.                  There must be no excavations associated with the installation of any new services, pipes, detention/retention tanks, stormwater systems or similar to the north of the wall described in point ‘b’ above, with all Site, Sediment, Hydraulic and similar plans needing to be designed and installed accordingly.

 

e.                  The neighbouring trees within the front yard of 1 Forsyth Street must be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located along the setback described in point ‘b’ above, to which, a layer of 50-75mm Eucalyptus leaf litter mulch shall be maintained until such time as approved planting/landscaping works are being performed in this area.

 

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

 

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

 

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

 

70.              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.

 

71.              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.

 

72.              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:

 

73.              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.

 

74.              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.

 

75.              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.

 

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

 

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

 

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

 

iii)     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.

 

77.              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.

 

78.              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”.

 

79.              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.

 

80.              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.

 

81.              In accordance with clause 98 of the Environmental Planning & 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

 

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.

 

82.              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.

 

83.              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.

 

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.

 

84.              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:

 

85.              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.

 

86.              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.

 

87.              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.

 

88.              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.

 

89.              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.

 

90.              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:

 

91.              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.

 

92.              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).

 

93.              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.

 

94.              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.

 

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

 

i)                   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.

 

ii)                  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.

 

iii)                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.

 

iv)               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.

 

v)                 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.

 

vi)               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.

 

vii)              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.

 

viii)            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.

 

ix)                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.

 

96.              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:

 

i)        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.

 

ii)      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.

 

97.              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.

 

98.              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.

 

99.              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.

 

100.          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.

 

101.          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.

 

102.          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.

 

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

 

i)        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.

 

ii)      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.

 

iii)     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.

 

iv)    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.

 

v)     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.

 

Road/Asset Openings

 

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

 

104.          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:

 

i)        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.

 

ii)      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.

 

iii)     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,

 

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

 

v)     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.

 

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

 

vii)  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.

 

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

 

ix)    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.

 

x)      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.

 

xi)    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.

 

xii)   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.

 

xiii) 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.

 

xiv)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.

 

xv)  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.

 

xvi)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.

 

Advisory Conditions

 

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.

 

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

 

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

 

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

 

 

Attachment/s:

 

Nil

 

 


Planning Committee

13 October 2009

 

 

 

Development Application Report No. D60/09

 

 

Subject:                  283 Avoca Street Randwick

Folder No:                   DA/53/2009

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Conversion of existing dwelling into health consulting rooms,

 

Ward:                      East Ward

 

Applicant:                Classic Plans

 

Owner:                         Mrs J Chalfant

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

The application is referred to the Planning Committee for determination as the application includes SEPP 1 Objections with respect to non compliance with Landscaping and Floor Space Ratio controls.

 

The application details the change of use of the existing dwelling into health consulting rooms for three medical practitioners.

 

The main issue is the impact of the development upon existing parking demand in the locality.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details alterations and additions to the existing dwelling to convert the dwelling into health consulting rooms for 3 practitioners and 1 receptionist, operating between 8.00am to 6.00pm Monday to Saturday. The alterations and additions involve internal modification to the floor plan to accommodate a waiting/reception, three offices, two bathrooms, staff room, therapy area, and externally an access ramp to the front of the dwelling and a covered pergola to provide for outdoor therapy and parking for two vehicles. A new upper level addition is also proposed to provide for a training room and store which will provide for 50m of additional floor area to the building.

 

3.    The Subject Site and Surrounding Area

 

The locality on this side of the street is primarily residential in nature and contains a mixture of free standing and semi detached dwellings and multi unit housing development. On the opposite side of Avoca Street are Randwick Girls and Randwick Boys High Schools.

 

4.    Site History

 

The building and site has until recently been used for residential purposes, the premises is currently vacant.

 

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

 

Clause 31 Landscaped area

Development, other than for the purpose of a dwelling house within a 2A zone must provide for a minimum of 40% of the total site area as landscaped area. The proposal provides for 36% of the site area as landscaping which does not comply with the minimum standard in this control and a SEPP 1 Objection has been lodged by the applicant arguing that strict compliance is unnecessary and unreasonable. In assessing the applicant’s SEPP No. 1 objection the following matters must be addressed:

 

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

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

 

b)      The underlying object or purpose of the standard

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

 

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

 

c)      Consistency of the development with aims of SEPP No.1 and the objectives of the Act.

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

 

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

 

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

 

“to encourage:

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

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

 

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

 

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

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

 

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

·      The remaining landscaped area is a suitably sized and consistent with the commercial use of the premises and will allow adequate areas for planting and stormwater runoff.

 

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

 

e)      Whether the objection is well founded.

The applicant has provided the following arguments in support of the SEPP 1 Objection.

 

 

 

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

 

Clause 32 Floor Space Ratios

The maximum floor space ratio for buildings other than dwellings in 2A zones is 0.5:1. The proposed building will result in a floor space ratio of 0.63:1, which exceeds this control by 28% and a SEPP 1 Objection has been lodged by the applicant arguing that strict compliance with the floor space ratio controls are unnecessary and unreasonable. In assessing the SEPP 1 Objection the following matters must be addressed.

 

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

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

 

b)      The underlying object or purpose of the standard

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

 

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

 

c)      Consistency of the development with aims of SEPP No.1 and the objectives of the Act.

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

 

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

 

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

 

“to encourage:

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

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

 

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

 

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

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

 

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

 

·      The bulk and scale of the building will not result in any significant amenity impacts upon the adjoining properties. In this regard, the additional floor area has been substantially designed within a roof form and has been sited in a manner that minimises overshadowing, bulk and scale. The bulk to the upper level addition is also sited over 3m away from the southern side boundary lessening it’s impact even further.

 

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

 

e)      Whether the objection is well founded.

The applicant has provided the following arguments in support of the SEPP 1 Objection.

 

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

 

6.    Community Consultation

 

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

 

6.1      Objections

Owner/resident of 16 Titania St, Randwick

-The proposal does not comply with the DCP for parking and there is already a high street parking demand in this location.

Owner/resident of 22 Titania St, Randwick

-There are already problems with parking in the area which will be increased by a medical centre.

-The first floor addition will look into their rear yard.

Owner/resident of 285 Avoca St, Randwick

-The new first floor will result in a loss of sunlight to their home and will impact upon privacy.

-The increase in traffic from vehicles and pedestrians will cause nuisance.

-The long hours of operation and number of days the use will operate will impact upon their health.

-The development will result in a loss of status and value.

-There is already a problem with the availability of street parking and this use will lead to greater congestion.

Owner/resident of 33 Titania St, Randwick

-This area is already severely congested with parking from early morning.

-The parking within the rear yard could lead to safety issues within the lane.

Owner/resident of 287 Avoca St, Randwick

-The new first floor will obscure natural light from their property.

-There are already problems in relation to parking and this development will increase pedestrian and traffic movements.

-The development will decrease the value of his property.

See detailed assessment of parking in the specific section below.

 

The proposed upper level addition to the dwelling will not result in any significant amount of additional overshadowing to the adjoining properties, and if the proposal was for alterations to a dwelling it would readily satisfy the solar access requirements in the DCP for Dwellings and Attached Dual Occupancies. It should also be noted that the objector’s dwellings are directly to the south of the subject property and any additional overshadowing will arise because of the orientation of the sites.

With regards to the impact upon the amenity of the adjoining properties the use is proposed to be operated during business hours Monday to Saturday and will be vacant otherwise. A condition of consent is recommended to ensure that no noise nuisance will result from any new air conditioning that may be installed in the building.

There is no evidence to demonstrate that this development will impact upon the value of any adjoining properties.

 

6.2 Support

Special Education/Literacy Co-ordinator Marcellin College Randwick

-The services provided by Dr Chalfant and her centre are used by the College and this development proposal will increase the functionality of her centre.

 

Catholic Education Office of Sydney

- The office has worked extensively with Dr Chalfant in relation to students with special needs who need additional support and the operation of her practice at this new locality will make access to her services easier.

 

Macquarie University Special Education Centre

-This centre has developed a long standing relationship with Dr Chalfant’s Centre in relation to their work with children with disabilities ranging from intellectual disability, communication disorders and autism. The operation at the proposed new centre in a home like environment will improve rapport with clients.

 

Clinical Psychologist of 4/174 Pacific Highway North Sydney

-Dr Chalfant provides a unique and specialised service for the intervention for children with Autism Spectrum Disorders and has many clients from interstate and even overseas who would not be precluded from utilising her practice because of any lack of parking.

 

Consultant Paediatrician, Sydney Children’s Hospital

-The services provided by Dr Chalfant are an invaluable service for children and the community by providing comprehensive intervention for children with Autism Spectrum Disorder and related disabilities.

 

Executive Producer Radio 2GB Macquarie

-Dr Chalfant’s expertise in dealing with questions from listeners in relation to child behaviour is an invaluable part of her radio programme and her practice is an accredited provider with respect to intervention services for children with Autism.

 

Director of Annie’s Centre, Specialists in Child Health and Development 

Annie’s Centre is the first private child and family health centre to exist in the greater Sydney metropolitan area that offers services in a home like environment for children that are affected by Autism Spectrum Disorders, Down Syndrome, Learning Disorders, Attention Deficit/Hyperactivity Disorder, Language Disorders and Mood and Anxiety Disorders and includes a multi disciplinary team of health professionals who provide for a comprehensive range of consultation and training services including Clinical Psychology, Speech Pathology, Occupational Therapy and Behaviour and Behaviour Therapy.

The Centre also provides for training for other health professionals including some from overseas.

All noted

 

7.    Relevant Environmental Planning Instruments

 

Randwick Local Environmental Plan 1998

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

 

Clause 33 Building Heights

The maximum height for a building other than a dwelling within a 2A zone is 9.5m and 7m to the external wall. The external wall height and overall building height is 7m with an external wall height of 5.5m, which satisfies the maximum specified in the control.

 

8.    Environmental Assessment

 

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

 

DCP – Parking

Under the controls in the DCP as expressed in Section 2.3 of the DCP, the use of Health Consulting Rooms attracts a parking requirement of 2 spaces per consulting room plus any requirement for the dwelling. The proposed use comprises 3 consulting rooms, with no residential component and therefore 6 spaces are required to be provided as specified in the parking requirement table in the DCP.

 

There are two parking spaces at the rear of the site accessed from Avoca lane, and it is not possible due to the constraints of the site to provide for any additional on site parking.

 

Therefore there is a deficiency of 4 parking spaces and an assessment must be made as to whether or not the existing levels of on street parking are adequate to serve the parking demand generated by the proposed use, or whether the additional on street parking demand generated will result in such an adverse impact upon the amenity of the adjoining properties so as to justify the refusal of the application on the basis of parking shortfall alone.

 

From surveys of the site and immediate locality during different times of the day it is evident that there is a high parking demand in the subject and surrounding streets.  Many of the dwellings in this locality do not have any off street parking and there is significant parking demand generated by the two large high schools opposite and the POW Hospital complex and the UNSW which are also nearby. It would be expected that the parking demand would remain for the whole day and night given that the parking spaces vacated by daytime users would be taken up by residents returning from work or other daytime activities.

 

A Traffic Study has been prepared by Varga Traffic Planning which acknowledges that there is a high parking demand and concludes that the parking shortfall is acceptable in this instance as;

 

a)  The site is highly accessible by public transport with a large number of bus services with connections to the suburban railway network being available within a short walking distance of the site.

b)  Some staff and clients will continue to travel to the centre by public transport, using much the same bus services as they do at present, thereby reducing the potential shortfall in parking.

c)  The likelihood of all three practitioners being present on site is low, thereby further reducing the shortfall in parking.

d)  Parking surveys have shown that whilst the supply of on street car parking is somewhat limited it is never the less clear that there are a sufficient number of vacant parking spaces available within approximately 150m walk of the site to accommodate the needs of the development, the supply/availability of kerbside parking increases significantly after school hours and most appointments are made after school hours coinciding with the increase in the availability of on street parking.

e)  Parking is available within a short fall walking distance of the site at the nearby Prince of Wales Hospital Parking station.

 

The Traffic Study also notes that additional parking could be provided within the nominated parking area based on the size of vehicles used by the staff.

 

In conclusion the Traffic Study notes that “in the circumstances it is reasonable to conclude that whilst the proposed development will technically result in a shortfall in car parking the actual shortfall in car parking is likely to be somewhat less than suggested by Council’s Car Parking Code and could in any event be accommodated by the availability of on street car parking within a short distance of the site particularly after school hours when most client appointments are made”.

 

The statement in the conclusion of the traffic study that public transport is available does not carry a great deal of weight as it would be unreasonable to expect that parents or carers bringing a disabled child would utilise bus services. Not all buses have disabled access and there is some necessity to arrive at the proposed medical centre at the nominated time, particularly as many patients as detailed by the applicant, travel some distance. Also, from observations by the assessment officer it is very clear that the available on street parking during the proposed hours of operation of the business is extremely limited and the operation of this health consulting rooms would place additional pressures on the available street parking.

 

In assessing the acceptability of the parking shortfall consideration must also be given as to whether or not the benefit to the community as a whole by the provision of this highly specialised multi disciplinary health centre for children will outweigh the impacts associated with the additional parking demand generated in the immediate locality.

 

The owner, Dr Anne Chalfant, has provided supporting information with the application including a summary of the very detailed and specialised services that she and her fellow practitioners provide at present, and the very long waiting list for similar medical services in the public health system. Dr Chalfant states that all patients are on an appointment basis, and therefore it would be a reasonable conclusion that the daily load of patients would be spread across the whole day during the nominated appointment times. Dr Chalfant also states that in the present location of her practice in Belmore Road Randwick there is no parking available and most patients are dropped off by parents or carers and collected at the end of the appointment, and also that the existing parking station at the Prince of Wales Hospital which is currently used by some parents, is actually closer to this new location than her present practice. In addition Dr Chalfant states that other than herself not all of the practitioners are full time and therefore the peak parking demand will not apply during the whole hours of the practice operation.

 

The Development Control Plan for Parking recognises the need for flexibility and site specific parking solutions for development. On balance it is considered that the significant and demonstrated community benefit that will result by the operation of this highly specialised medical practice outweighs any additional parking demand that may be placed on the already extremely heavily used on street parking. It could also be argued that the existing street parking is already so saturated that any additional demand as a result of this development would be negligible.

 

Privacy

There will not be any significant impact upon the existing levels of privacy to the adjoining properties as a result of the new upper level as the windows within the northern elevation are all of high light style and this side of the building faces a pedestrian laneway, and there are no windows to either the southern or eastern elevations.

 

Solar Access and Energy Efficiency

There will be no significant reduction in sunlight to the private open space and north facing living areas of the adjoining properties between 9.00am to 3.00pm and there will be no impact to solar collectors on adjacent buildings.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:          A strong local economy.

                       Excellence in urban design and development.

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

                       Improved design in sustainability across all development.


Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

 

Recommendation

 

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

 

B        That Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/53/2009 for permission carryout alterations and additions to the existing building to provide for the operation of dental health consulting rooms at 283 Avoca Street, Randwick subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered sheet 3 Issue A, dated 23/11/08 received by Council on the 5th February 2009, the plans numbered sheets 1 & 2 Issue B, dated 16/4/09 and received by Council on the 20th April 2009, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

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

 

4.       The hours of operation of the Health Consulting Rooms are restricted to 8.00am to 6.00pm Monday to Saturday.

 

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

 

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

 

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

 

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

 

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

 

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

 

6.       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

$ 350 000

1.0%

$ 3 500.00

                      

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations and to provide for reasonable levels of safety and amenity:

 

12.     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.

 

13.     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.

 

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

 

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

 

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

 

i)      appoint a Principal Certifying Authority, and

 

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

 

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

 

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

 

 

16.     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.

 

17.     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”.

 

18.     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.

 

19.     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.

 

20.     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.

 

21.     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.

 

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

 

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

 

1)     Provide illuminated exit signs to the building , in accordance with clause E4.5 & E4.7 of the BCA,

 

2)     Provide portable fire extinguisher/s within the building , in accordance with clause E1.6 of the BCA,

 

3)     Provide a non-combustible enclosure (i.e. a metal cabinet) with seals to prevent the passage of smoke to any electricity meters and switchboard located in corridors, exits and within stairways etc,

 

4)     Balustrades and handrails to stairway/s, balconies, decks or the like are to be designed and constructed to satisfy clause D2.16 & D2.17 of the BCA,

 

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

 

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.     A Certificate prepared by a professional engineer, shall be submitted to the Certifying Authority prior to the issuing of a construction certificate certifying the structural adequacy of the existing structure to support the proposed works.

 

25.     A Certificate prepared by a professional engineer, shall be submitted to the Certifying Authority prior to the issuing of an occupation certificate certifying the structural adequacy of the building.

 

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

 

·           Occupational Health and Safety Act 2000

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·           WorkCover NSW Code of Practice and Guidelines

·           Australian Standard 2601 (2001) – Demolition of Structures

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

28.     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.

 

29.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

33.     A separate development application and construction certificate or a complying development certificate (as applicable) must be obtained if the premises is to be used for any of the purposes detailed below:

 

·       All food businesses (including premises used for the sale, storage, preparation and distribution of food and drinks)

·       Hairdressing salons, Beauty salons, Businesses involving Skin Penetration & Piercing, Massage businesses

·       Licensed premises, places of public entertainment and hotels

·       Places of Shared Accommodation (including Boarding/Lodging Houses, Bed & Breakfast businesses, Backpackers, Residential Hotels or the like

·       Premises which have a Cooling Tower or Warm Water System

·       Business providing any form of sexual service (i.e. brothel or the like).

 

Business premises which are used for any of these purposes must comply with relevant public health and safety legislation and requirements and they must be registered with Council prior to an Occupation Certificate being issued for the development. The relevant registration and inspection fee is also required to be paid to Council in accordance with Council’s adopted Pricing Policy.

 

The following conditions are applied to provide appropriate access and facilities to the premises:

 

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

 

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

 

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

 

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

 

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

 

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

 

36.     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: