Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 24 November 2009

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council

24 November 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ordinary Council Meeting

 

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 24 November 2009 at 6:00pm.

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

 

Apologies/Granting of Leave of Absences 

 

Confirmation of the Minutes  

Ordinary Council Meeting - 20 October 2009

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

Address of Council by Members of the Public

 

Mayoral Minutes

Mayoral Minutes (if any) will be distributed on the night of the meeting 

 

Urgent Business

 

Director City Planning Reports

CP70/09    191 Boyce Road, Maroubra   - DA/408/2007/B - Mediation

CP71/09    71-73 Frenchmans Road, Randwick

CP72/09    5 Crana Avenue, South Coogee

CP73/09    6/878-890 Anzac Parade, Maroubra - DA/586/2009

CP74/09    6/878-890 Anzac Parade, Maroubra - DA/778/2005/A

CP75/09    6A Eyre Street, Chifley

CP76/09    29 Midway Drive, Maroubra

CP77/09    6-28 Harvey Street, Little Bay

CP78/09    8 Nagle Avenue, Maroubra

CP79/09    195-199 Maroubra Road, Maroubra (Maroubra Junction Hotel)

CP80/09    88-102 Moverly Road, South Coogee - DA/577/2009

CP81/09    88-102 Moverly Road, South Coogee - DA/578/2009

CP82/09    Reporting variations to Development Standard under State Environment Planning Policy No. 1 (SEPP1) from 1 October to 31 October 2009

CP83/09    Maroubra Beach Urban Design Review

CP84/09    Draft 'An Inclusive Randwick City'

 

General Manager's Reports

GM54/09    Affixing of the Seal

GM55/09    Arrangements during Xmas/New Year period for decision making and Schedule of Meetings for 2010

GM56/09    Integrated Planning and Reporting Nomination

GM57/09    Review of the 2009-13 Management Plan - September 2009 Quarterly Report

 

Director City Services Reports

CS23/09    La Perouse Loop Road Coastal Walk Extension

 

Director Governance & Financial Services Reports

GF49/09    Blenheim House Open Days

GF50/09    Notice of Acquisition of Land - Stewart Street laneway, Randwick

GF51/09    Boatshed Cafe Lease from Department of Lands, 1611 Anzac Parade, La Perouse

GF52/09    Budget Review - September 2009 Quarter

GF53/09    Increase in non-members green fees for Randwick Golf Course

GF54/09    Investment Report - October 2009

GF55/09    Insurance pooling and local government tendering requirements

GF56/09    Review of Councillors Expenses and Facilities Policy  

Petitions

 

Motion Pursuant to Notice

NM65/09    Notice of Motion from Cr Andrews - Extra Police presence in Coogee over the summer months.

NM66/09    Notion of Motion from Cr Andrews - Developing a Policy on banning trans fats in food outlets in the Randwick City area.

NM67/09    Notice of Motion from Cr Andrews - Kerb and Guttering in Eastmore Place.

NM68/09    Notice of Motion from Cr Matthews - The Relocation of a Convicted Paedophile

NM69/09    Notice of Motion from Cr Matthews - Penalities for Walking Dogs off the Leash

NM70/09    Notice of Motion from Cr Bowen - Safety Requirements for Window & Door Openings

NM71/09    Notice of Motion from Cr Bowen - Dementia Community Support Grants

NM72/09    Notice of Motion from Cr Bowen - Introducing an Information & Reference Service for Aged and Respite Services

NM73/09    Notice of Motion from Cr Matson - Climate Change Vulnerability Mapping

NM74/09    Notice of Motion from Cr Matson - Political Connections to the Randwick Rugby Club  

 

Confidential

GF57/09    Tender for Yarra Bay Kiosk - T07/09

This matter is considered to be confidential under Section 10A(2) (d) Of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

GF58/09    Lease to Kensington Bowling Club, 1 Day Lane, Kensington

This matter is considered to be confidential under Section 10A(2) (d) Of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

Notice of Rescission Motions

NR7/09      Notice of Rescission Motion from Councillors Stevenson, Bowen and Tracey - Proposed Building Program 2010-2017  

 

 

 

……………………………………………………

Ray Brownlee

General Manager

 


Ordinary Council

24 November 2009

 

 

 

Director City Planning Report No. CP70/09

 

 

Subject:                  191 Boyce Road, Maroubra   - DA/408/2007/B - Mediation

Folder No:                   DA/408/2007/B

Author:                   Terry Papaioannou, Environmental Planner     

 

Introduction

 

The Section 96(2) application was referred to Council for determination at its Ordinary Council Meeting on 20 October 2009. It was resolved (Nash/Matthews) by Council that the application be deferred for mediation.

 

Issues

 

The application seeks to amend the approved development to enlarge the rear ground level verandah to extend across the whole width of the dwelling and enlarge the rear upper level balconies to be one large balcony across the width of the dwelling.

 

The main issue is the impact of the enlarged verandah and balcony upon the amenity of the adjoining residents.

 

The application has been the subject of mediation between the applicant and objectors and at the mediation of the 11 November 2009 no agreement was reached.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4: Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

 

Recommendation

 

That Council as the consent authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application 408/2007/B for permission to modify development consent for the following reasons:

 

1.     The proposed modifications to the approved development are inconsistent with the objectives of the Residential 2A zone in that the proposal will adversely affect the amenity of surrounding residential development.

 

2.     The proposed modifications to the approved development do not satisfy the relevant objectives and performance requirements of Part 4.5 Visual and Acoustic Privacy of the Development Control Plan for Dwellings and Attached Dual Occupancies as the increased verandah and balcony sizes will result in adverse privacy impacts upon the amenity of the adjoining properties.

 

 

Attachment/s:

 

1.View

REPORT 191 Boyce Road, Maroubra

 

 

 

 

 


REPORT 191 Boyce Road, Maroubra

Attachment 1

 

 

 

Director City Planning Report No. CP66/09

 

 

Subject:                  191 Boyce Road, Maroubra

Folder No:                   DA/408/2007/B

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Section 96 (2) application to modify rear ground floor level balcony to extend across entire rear elevation

 

Ward:                      Central Ward

 

Applicant:                Archman Design Services

 

Owner:                         Mr & Mrs Or

 

Summary

Recommendation:     Refusal

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 

1. Executive Summary

 

The Section 96(2) application is referred to Council for determination at the request of Councillors Andrews, Belleli and Seng.

 

The application seeks to amend the approved development to enlarge the rear ground level verandah to extend across the whole width of the dwelling and enlarge the rear upper level balconies to be one large balcony across the width of the dwelling.

 

The main issue is the impact of the enlarged verandah and balcony upon the amenity of the adjoining residents.

 

The application is recommended for refusal.

 

2.    The Proposal

 

The dwelling as originally approved included a verandah to the rear ground level of the dwelling and two Juliet style balconies to the rear upper level of the dwelling.

 

The application seeks consent to modify the approved development to enlarge the rear ground level verandah to extend across the whole width of the dwelling and replace the approved two small rear upper level balconies with a single large balcony which extends across almost the whole width of the dwelling and includes planter boxes to both sides and part return across the rear face. The rear upper level balcony also includes 1800mm high privacy screens to both sides and also similar privacy screens to both sides of the ground level verandah.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the southern side of Boyce Road between Cooper and Flower Streets and has a site frontage of 10.06m, a depth of 31.55m and an overall site area of 317m. The site falls from the street to the rear with a difference in level of up to 1m. The surrounding locality is residential in nature and contains a mixture of predominantly free standing single and two storey dwellings.

 

4.    Site History

 

The original application detailed the demolition of the existing dwelling and erection of a new two storey dwelling with basement level garaging and balconies to front and rear of the dwelling. The original application was approved under delegated authority on the 18 October 2007.

 

During the assessment of the original application it was identified that the dwelling did not comply with the visual requirements of the DCP for Dwellings and Attached Dual Occupancies with respect to the rear ground level verandah and upper level balcony. As a result the verandah was reduced in width and the upper level balcony was modified and reduced in size to comprise two small Juliet style balconies off the rear bedrooms rather than one large balcony across the whole width of the dwelling.

 

A subsequent Section 96 application was lodged which sought consent to modify the consent to increase the height of the dwelling by 200mm, enlarge the ground and upper level verandah and balcony and alter the front door entry. The proposed modification which included the variation to the approved balconies essentially reverted the design of the dwelling to that originally proposed by enlarging the width of the ground level verandah and replacing the two Juliet style balconies with a large balcony across the rear of the dwelling.

 

That application to modify the approved development was recommended for refusal for reasons, including that the proposal did not satisfy the relevant objectives, performance requirements and preferred solution of the DCP for Dwellings and Attached Dual Occupancies in relation to adverse impacts upon the amenity of the adjoining properties with respect to loss of privacy. That application prior to determination was withdrawn by the applicant.

 

5.    Section 96 Assessment

 

Under the provisions of Section 96 of the Environmental Planning & Assessment Act (as amended), Council may only agree to amend an existing development consent if the following criteria have been complied with:

 

It is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted.

 

The proposed development for the purposes of a Section 96 application is substantially the same development as there will be no fundamental change to the overall scope and nature of the approved use.

 

6.    Community Consultation

 

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

 

6.1      Objections

 

Issue

Comment

Owner/resident of 10 Galvin Street Maroubra

 

-The first floor balcony will result in a loss of privacy to their property as there is a direct line of vision from the balcony into the bedrooms of their dwelling and over and into the private areas of their backyard.

 

Owner/resident of 8 Galvin Street Maroubra

 

-The first floor balcony will result in a loss of privacy within their backyard.

 

Fundamentally the consideration of the original application and the impacts upon the amenity of the adjoining residents remains unaltered with respect to the proposed amendments and the resultant  loss of privacy from the rear upper level balcony which will look directly into the private outdoor living areas of the dwellings directly behind.

 

 

7.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

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

 


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.

 

8.1      Privacy

The modification of the approved development to provide for an enlarged rear upper level balcony across the width of the dwelling will not comply with the relevant objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies. The proposal will allow direct views within 9m into the private open space of adjoining properties to the rear, and given the enlarged size of the first floor balcony will not satisfy the neighbour’s requirements for visual and acoustic privacy.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4: Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed modification to the approved development does not satisfy the relevant objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies and will result in an adverse impact upon the amenity of the adjoining properties.

 

Recommendation

 

That Council as the consent authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application 408/2007/B for permission to modify development consent for the following reasons:

 

1.     The proposed modifications to the approved development are inconsistent with the objectives of the Residential 2A zone in that the proposal will adversely affect the amenity of surrounding residential development.

 

2.     The proposed modifications to the approved development do not satisfy the relevant objectives and performance requirements of Part 4.5 Visual and Acoustic Privacy of the Development Control Plan for Dwellings and Attached Dual Occupancies as the increased verandah and balcony sizes will result in adverse privacy impacts upon the amenity of the adjoining properties.

 

 

 

 


Ordinary Council

24 November 2009

 

 

 

Director City Planning Report No. CP71/09

 

 

Subject:                  71-73 Frenchmans Road, Randwick

Folder No:                   DA/927/2008

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Demolition of the rear wing of the existing building on site, construction of a new 4th floor level on the existing building to be retained, and construction of a 4-storey rear extension, to create 2 x retail suites, 1 x health consulting room, 4 x 2-bedroom units, 3 x 1-bedroom units, 6 x studio units and car parking for 8 vehicles

Ward:                      North Ward

Applicant:                CSA Architects Pty ltd

Owner:                         Angelo Tesoriero

Summary

Recommendation:     Deferred Commencement Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan


1.      Executive Summary

 

The subject application is referred to the Ordinary Council meeting as the applicant has offered to enter into a Voluntary Planning Agreement with Council for a sum of $70,000.

 

The subject application is for the demolition of the rear wing of the existing building on the site, construction of a new 4 storey extension to the rear of the site, alterations and additions to the portion of the building to be retained including a new 4th floor. Ground level car parking is to be provided for 8 vehicles.

 

The proposal will result in there being 13 residential units, 2 retail tenancies and a health consulting room. The rear of the site is to be landscaped.

 

The subject site is located at the corner of Frenchmans Road and Roscrea Avenue. The site has an area of 619.8 square metres with a boundary of 44.06m to Roscrea Avenue and 14.085m to Frenchmans Road.

 

The application was advertised and notified in accordance with the requirements of the Development Control Plan – Public Notification of Development Proposals and Council Plans. Three (3) submissions were received and raised issues concerning the bulk and scale of the development, setbacks, privacy, car parking, view loss, light spill and compatibility with the streetscape.

 

The proposal does not comply with the 1.5:1 floor space ratio which applies to the site. The proposal has a floor space ratio of 1.58:1. The development also exceeds the 12m maximum building height which applies to the site. The proposed height of the development is 13.1m. The applicant has submitted objections under State Environmental Planning Policy No.1 justifying the breaches. The objections have been addressed within the body of this report.

 

The development has been assessed against State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development and is considered to satisfy the Design Quality Principles.  

 

The proposal will result in a numeric shortfall of 10 car parking spaces when assessed against the provisions of the Development Control Plan – Parking. Council has engaged a planning consultant to undertake an independent parking review. The results of the study suggest that the parking deficiency would be in the order of 7 or 8 spaces after allowing for parking credit, given the high accessibility of the site and the relative small size of the dwelling units.

 

When all relevant factors are considered (good public transport links, improved amenity as a result of the development particularly significant landscaping in the northern portion of the site, the fact that the site cannot benefit from further consolidation and that the use of car stackers is impractical) the application is deemed to be supportable in this regard. Council’s Development Engineer is supportive of the proposal.

 

The application satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979. The potential impacts of the proposal are deemed to be acceptable and the application is recommended for approval, subject to conditions.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 1 in DP 600268 (SP 30172), No. 71-73 Frenchmans Road, Randwick. The site has dual frontages towards Frenchmans Road and Roscrea Avenue and is irregular in shape. The land slopes from the south-east to the north-west with a cross fall of approximately 1.49m (from RL 68.92m to RL 67.43m). The dimension and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

North-eastern, Roscrea Avenue boundary

44.06m

 

South-western, side boundary

46.985m

 

North-western, side boundary

12.475m

 

South-eastern, Frenchmans Road boundary

14.085m

 

 

 

619.8m2

 

A drainage easement of 0.915m in width is located along the north-western boundary of the site.

 

At present, the site is occupied by a part 3- and part 4-storey mixed use development that accommodates the following land uses:

-   Ground level: 2 x retail suites, 1 x 1-bedroom unit, car parking for 11 vehicles

-   1st level: 1 x medical consulting room, 1 x 2-bedroom unit, 1 x 1-bedroom unit

-   2nd level: 2 x 2-bedroom units, 1 x 1-bedroom unit

 

The site is adjoined to the south-west by a single-storey mixed use building that accommodates a TAB outlet and a take-away food shop in the front, 2 residential units in the middle and a health clinic in the rear (No. 67-69 Frenchmans Road). A development consent (DA/1123/2007) for the construction of a 4-storey mixed residential and retail building on the aforementioned adjoining site was recently granted by Council. Immediately adjoining the site to the north-west is an 8-storey residential flat building (No. 16 Roscrea Avenue). To the south-east of the site across Frenchmans Road is a 4-storey mixed residential and retail building (No. 62 Frenchmans Road).

 

The site forms part of a local shopping strip along Frenchmans Road. The locality is experiencing transition where the older single-storey building stock is being replaced by multi-storey mixed-use development.

 

Figure 1 provides an aerial view of the subject site and surrounding built environment. Figures 2 to 5 show the existing development on the subject and adjoining sites.

 

 

Figure 1 Aerial view of the subject site and surrounding areas

 

 

Figure 2 Frenchmans Road elevation of the existing building on site

Figure 3 The existing building on site as viewed from Roscrea Avenue

 

Figure 4 The existing surface car park to the rear of the building as viewed from the footpath of Roscrea Avenue

Figure 5 The existing car park on site; note the adjoining flat building at No. 16 Roscrea Avenue is seen in the background

 

3.      The Proposal

 

The proposed development includes the following components:

 

·      Demolition of the rear wing of the existing building on site.

·      Construction of a 4-storey extension to the rear of the existing building to be retained.

·      Alterations and additions to the existing building with the construction of a new 4th floor level.

·      Provision of a surface car park with 8 spaces.

·      Construction of a new access driveway.

·      General landscape works.

 

The proposal will result in the following floor space components:

 

·      Ground level: 2 x retail suites, garbage storage, amenities and car parking

·      First level: 1 x health consulting room, 1 x 2-bedroom unit, 1 x 1-bedroom unit and 2 x studio units

·      Second level: 2 x 2-bedroom units, 1 x 1-bedroom unit and 2 x studio units

·      Third level: 1 x 2-bedroom unit, 1 x 1-bedroom unit and 2 x studio units

 

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

 

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

 

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

The proposal seeks variation to the following controls contained in RLEP 1998:

 

·      Clause 32(3): 1.5:1 maximum floor space ratio standard

·      Clause 33(5): 12m maximum building height

 

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

 

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

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

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

 

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

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

 

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

The aims and objectives of SEPP 1 are:

 

Clause 3

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

 

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

 

To encourage:

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

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

 

The variations from the aforementioned controls are consistent 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 Zone No. 3B (Local Business Zone) in that it will allow mixed residential and retail uses, which are consistent with the desired character of the locality.

 


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

 

·      Floor Space Ratio (FSR)

Pursuant to Clause 32(3) of RLEP 1998, the maximum floor space ratio for development within Zone No. 3B is 1.5:1, which equates to 929.7m2 gross floor area (GFA). The following is proposed:

 

Proposed total GFA (a)

976.8m2

Permissible GFA (b)

929.7m2

GFA exceeding LEP standard (a) – (b)

47.1m2

Proposed FSR (c)

1.58:1

Permissible FSR (d)

1.5:1

Non-compliance with FSR (c) – (d)

0.08:1

 

The proposal has a floor space ratio of 1.58:1 or 976.8m2 GFA, and exceeds the LEP control by 0.08:1 or 47.1m2 GFA. 

 

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

 

-     The proposed amount of floor space will not result in adverse impacts on the streetscape.

 

Specifically, the ground, first and second floor levels of the building are aligned with the south-eastern boundary, which will reinforce the character of Frenchmans Road as the prominent local shopping strip. The third level is appropriately setback from the external wall alignments below to minimise the visual bulk of the building.

 

In relation to the Roscrea Avenue frontage, the building is aligned with the north-eastern boundary to clearly define the street corner. A 11.5m to 11.9m wide deep soil landscape garden is provided in the rear section of the allotment, which will significantly improve the visual amenity of the public domain.

 

-     The proposed built form has incorporated balconies, louvre screening devices, window overhangs and a combination of surface finishes on all elevations, which will appropriately articulate the facades and create visual interest. The design scheme adopts a flat roof, which will minimise the overall building height and maintain consistency with other recent redevelopments in the locality. The above design measures will minimise the visual scale and bulk of the structures, despite the non-compliance with the FSR development standard. Overall, the architectural character and form of the proposal are considered to carry satisfactory design merits.

 

-     The proposed housing density is justified by the site’s proximity to retail and commercial premises and public transport services along Frenchmans Road. The proposal is considered to introduce a suitable amount of residential population to a locality, which is highly accessible and well supported by local services.

 

-     The internal floor layout will achieve satisfactory natural lighting and cross ventilation for all apartment units. The design scheme is considered to provide high living amenity for the occupants and promote energy conservation.

 

-     As will be discussed in the following sections, the proposal does not result in any unreasonable adverse impacts on the adjoining residential properties in terms of overshadowing, privacy, view loss or visual bulk and scale.

 

-     The extent of the non-compliance is minor in nature having regard to the form and scale of recent developments in the locality.

 

·      Building height

The building has a maximum height of 13.1m on the north-eastern elevation adjacent to the stairwell. There will be a breach against the LEP control of 1.1m.

 

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

 

-     The proposed building has a height and scale, which are commensurate with the recently approved development on the adjoining site at No. 67-69 Frenchmans Road. The ridge height of the proposed development (being RL 81.85m) is only marginally over the approved parapet wall height of No. 67-69 (being RL 80.76m). The minor additional height is considered to be appropriate given the site’s street corner location.

 

-     The parapet height of the rear section of the building, excluding skylight structures, will step down to RL 80.380m. The split level design is considered to follow the topography of the site, which slopes from the street to the rear.

 

-     The built form is appropriately modulated with various architectural features that minimise visual bulk and create visual interest.

 

-     The development scheme has reserved a deep soil landscaped area of approximately 12.0m x 11.5m to 11.9m in dimensions to the rear of the building. Open palisade fencing will be installed to allow open vistas to the garden. The area in question is presently a hard paved parking facility devoid of vegetation. The proposal will provide various canopy and shrub planting along the perimeter of the garden, which will significantly improve the visual amenity of the public domain.

 

-     The non-compliance with the building height limit will not result in any significant adverse impacts upon the adjoining properties in terms of solar access, privacy, views and visual amenity.

 

4.5    Is the objection well founded?

The submitted SEPP 1 Objection has included the following arguments to support the proposal:

 

Building height

·      The proposed development is considered to be appropriate to the surrounding locality and prominence of developments of 4 storeys which includes that recently approved on the site immediately to the west at 67-69 Frenchmans Road.

·      The new building makes a positive contribution to the locality.

·      The proposed height has no unreasonable overshadowing impacts.

·      The height does not result in any loss of view or outlook from surrounding properties.

·      The proposed development provides for the introduction of significant landscaping on site.

·      The height variation is minimal and does not detract from the setting of surrounding developments.

·      The development will not result in any adverse impacts such as overshadowing, privacy impacts or significant view loss.

 

Floor space ratio

·      The proposed development is considered to form a positive contribution to the streetscape along Frenchmans Road with its contemporary built form.

·      The proposed degree of FSR still allows for the introduction of a substantial deep soil landscape component, which will also be appreciated from the public domain given the side street frontage to Roscrea Avenue.

·      The proposed development will not be responsible for any adverse shadow impacts as 2-3 hours of sunlight is retained to the western neighbour at 67-69 Frenchmans Road.

 

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

 

5.      Site History

 

5.1    Plan amendments

A request was made by letter dated 7 April 2009 for the submission of amended plans and additional information addressing the following issues:

 

·      The development scheme is to be revised to address the recommendations of the Design Review Panel.

·      Adequate tree species tolerant of shade and constrained conditions are to be provided within the central courtyard, to improve the privacy between the proposed apartments as well as the neighbouring dwellings.

·      Elevational shadow diagrams demonstrating the expected impacts on the rear façade of No. 67-69 Frenchmans Road are to be submitted.

·      The layout of the garbage rooms is to be amended to discourage commercial tenants from using residential bins.

 

Amended drawings were submitted on 1 May 2009, which satisfactorily addressed Council’s concerns.

 

5.2    Previous development applications relating to the site

DA/786/2007

Construction of a 4-storey mixed use building consisting of 2 x apartment units, 1 x commercial suite and associated car parking to the rear of an existing mixed-use development.

The application was refused by Council on 10 September 2008.

 

DA/56/2004

Use of the existing commercial floor space as a chiropractic and health centre.

The application was approved by Council on 16 April 2004. The consent includes the following condition:

 

4. The hours of the operation of the business are restricted to:-

Monday through to Friday, inclusive from 7:00am to 7:00pm

Saturdays, from 7:00am to 5:00pm

 

6.      Community Consultation

 

The subject application was advertised and notified from 21 January to 4 February 2009 to 96 adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received at the conclusion of the public consultation process:

 

·      Owner/resident, 10/62 Frenchmans Road, Randwick

·      Owner/resident, 67-69 Frenchmans Road, Randwick

·      Randwick Precinct Committee

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposed development will exceed the maximum height control prescribed in the LEP.

The height of the proposed development is considered satisfactory. Refer to the “SEPP 1” section of this report for details.

The proposal does not comply with the floor space ratio control prescribed in the LEP.

The FSR of the proposed development is considered satisfactory. Refer to the “SEPP 1” section of this report for details.

The glazed stairwell will overlook the bedroom windows of No. 67-69 Frenchmans Road and result in light overspill.

The semi-open circulation corridor will be provided with timber slatted screens to limit any overlooking. The stairwell will be setback 6.5m from the common boundary with No. 67-69 and any windows within that adjacent development will be setback further from the boundary. In addition, Temple Bamboos will be planted within the central courtyard, which are capable of reaching 9m in height at maturity.

 

For these reasons and the fact that the central courtyard is not a habitable space, it is considered that the proposal is acceptable having regard to privacy protection and light overspill. A standard condition is recommended to ensure that the proposed lighting will not result in a nuisance to the neighbours.

 

The design scheme does not reserve adequate setback from the south-western shared boundary. The development will reduce natural ventilation and solar access to the side windows and entry courtyard of the adjoining building at No. 67-69 Frenchmans Road.

 

The proposed central courtyard is located on the first floor level. The boundary wall and fencing to the courtyard will create a blank structure facing No. 67-69 Frenchmans Road.

The proposed location of the central courtyard adjacent to the light well of the adjoining development at No. 67-69 Frenchmans Road, will minimise shadow and amenity impacts on the latter property.

 

A special condition is recommended to ensure suitable finishing to both sides of the courtyard enclosing wall to minimise any visual impacts.

 

Solar access consideration is addressed under the “Environmental Assessment” section of this report.

The proposal has not provided sufficient rear setback to match with that of No. 67-69 Frenchmans Road.

The rear façade of the proposed development progressively steps back to align with that of No. 67-69 Frenchmans Road. A side setback of 1.5m to 1.8m is also reserved to provide adequate spatial separation from the abovementioned adjoining property.

 

The design scheme provides substantial deep soil landscaped areas to the rear of the site and will significantly improve the amenity of the adjacent properties.

The development entails a significant shortfall in car parking provision and will reduce kerb side parking in the area.

The traffic and parking impacts are addressed under the “Parking DCP” section of this report.

The proposal is not compatible with the character of the locality.

The proposal will appropriately relate to the curved configuration of Roscrea Avenue and integrate with the existing building on the site. The development is considered to be satisfactory in this regard. 

The development will obstruct views of the City from the property at 10/62 Frenchmans Road.

The proposal is not considered to result in unreasonable view loss impacts. Refer to the “Environmental Assessment” section of this report for details.

 

7.      Technical Officers Comments

 

7.1    Development Engineer and Landscape Development Officer

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

 

Waste Comments

The amended proposal is for the construction of a mixed use development consisting of 13 residential apartments, (6 x studio, 3 x 1 bedroom and 4 x 2 bedroom), 2 commercial units and a medical practice.

 

In memo dated 17th April 2009 Development Engineering raised concerns regarding parking and waste management arrangements. In response to the waste management comments the applicant has submitted a waste management plan and changed the configuration of the bin rooms. The bin room for the residential component will now accommodate the required number of 13 bins and is accessed via the commercial bin room.

 

Council’s waste management officer has requested that a condition be created that requires the residential bin room to be accessed by lock and key. This is to prevent commercial tenants from using the resident’s bins.

 

Concern was also expressed about the lack of ventilation to the bin rooms. The amended plans indicate that mechanical ventilation to the bin rooms will be provided although no details are given so it is unclear what is proposed. Notwithstanding Development Engineering would prefer the non-reliance on mechanical ventilation and suggest that openings be provided along the northern wall of the bin room fronting the car park. The assessing officer is advised to consider a condition requesting this in future plans submitted for the construction certificate. If mechanical ventilation is to be provided full details are to be provided on plans for the construction certificate.

 

For the commercial component details of waste pickup have been given in the waste management plan. The waste management plan is considered to be adequate for assessment of this application. There are no further waste conditions required from Development Engineering.

 

Strata Subdivision Comments

It has been indicated that the application includes the strata subdivision of the site. As this was not made clear in the application description, subdivision conditions were not added by Development Engineering to the previous memo dated 17th April 2009. They have now been added to this report and are to be included in addition to the conditions in memo dated 17th April to any consent.

 

Condition31 in previous memo dated 17th April may be deleted as the creation of a positive covenant and restriction may be dealt with in conjunction with the registration of the strata plan (condition 7 of this report).

 

Landscape Comments

Consistent with previous advice provided for a pre-lodgement in August 2008 (refer PL/31/2008), no objections are raised to removing the 6-7 metre tall Acacia saligna (Wattle, identification based on photos provided), irrespective of this application, as it is located inappropriately close to the northern edge of the existing building, as evidenced by its excessive lean to the north due to a lack of available space both above and below ground, as well as its search for light, with a relevant condition included in this report.

 

Conversely, due to its slow growth rates, and extremely high landscape value as an ornamental feature species, Council requires that the 4 metre tall Dracaena draco (Dragon Tree), located within the same small garden bed, immediately to the north of the larger tree described above, and right on the northern boundary so that it partially overhangs the Roscrea Avenue footpath, be incorporated as an existing site feature into the proposed development.

 

Despite its trunk also leaning to the north due to competition from the adjacent larger tree, it is assumed that once this larger tree is removed, it will then be possible to safely retain this specimen into the future, with the submitted plans confirming that both the subject tree and garden area will be retained.

 

However, given the close proximity of this tree to the alterations and additions being proposed to the existing building fronting Frenchmans Road, as well as the new building to its west, protection measures will be necessary, and have been included in this report.

 

The only other vegetation that has the potential to be affected by this application is one Callistemon viminalis (Weeping Bottlebrush), also of about 4 metres in height, on Council’s Roscrea Avenue nature strip, about halfway along the length of the northern boundary, between the two existing vehicle crossings that service the site.

 

As it is located on public property, it is covered by the provisions of Council’s Tree Preservation Order, and given the positive contribution it provides to the streetscape, conditions in this report require that it also be protected during the course of construction to its ensure its preservation, with a refundable bond to be held as security for compliance.

 

The submitted landscape scheme will significantly improve the environmental amenity of the site for future occupants, through a substantial increase in both plant material and the amount of usuable open space when compared to the current situation.

 

As has been the case with other applications in the Frenchmans Road Commercial Centre (refer 51-53, 62 & 67-69 Frenchmans), Council requires that given the improvements proposed within the subject site, and the increase in foot traffic that will result, that the public footpath area along the length of the Frenchmans Road frontage be upgraded in accordance with our Design Guidelines, with the need to liaise with Council’s Design Officers on this requirements included in this report.

 

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.

 

Given that the proposed works will be between 1 and 2 million the applicant will be required to meet all costs associated with replacing the overhead wires with Aerial Bundled cables in the vicinity of the development site.

 

Drainage Comments

On site stormwater detention is required for the redeveloped portion of the site.

 

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.

 

The parking comments are provided under the “Parking DCP” section of this report.

 

7.2    Design Review Panel

The subject application has been referred to the Design Review Panel for assessment. The comments provided are extracted under the “SEPP 65” section of this report.

 

8.      Master Planning Requirements

 

Clause 40A(1) of RLEP 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 4,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The site has a land area of 619.8m2 and a master plan is not required.

 


9.      Relevant Environmental Planning Instruments

 

9.1    Randwick Local Environmental Plan (RLEP) 1998

The site is identified as being within Zone No. 3B (Local Business Zone) under Randwick Local Environmental Plan 1998. The development includes the provision of additional residential dwellings that are attached to business premises, and is permissible with consent.

 

The proposal is consistent with the zoning objectives in that:

 

·      The development will reinforce the viability of the local commercial strip along Frenchmans Road by maintaining retail uses at ground level with upgraded shopfronts.

·      The development will improve the streetscape character of Frenchmans Road by delivering a suitably proportioned and articulated built form.

·      The development will provide activation and casual surveillance of Frenchmans Road and the surrounding public domain.

·      The development will introduce a mixture of dwelling sizes and a residential population to enhance the vibrancy of the local retail centre.

 

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

 

Clause

Required

Proposed

Compliance

21 Subdivision

Subdivision permissible with development consent

The application includes amendments to the existing Strata Plan. Standard conditions are recommended to require detailed subdivision documentation to be submitted to the certifying authority prior to issue of the Subdivision Certificate.

Complies, subject to conditions

22 Services

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

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

Complies, subject to conditions

32 Floor space ratios

(3) Maximum 1.5:1 (or 929.7m2 GFA)

Proposed GFA: 976.8m2

 

Proposed FSR: 1.58:1

Does not comply, SEPP 1 Objection submitted

33 Building heights

(5) Maximum 12m

Maximum 13.1m to parapet wall adjacent to the stairwell

Does not comply, SEPP 1 Objection submitted

40 Excavation and filling of land

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

The proposal is expected to require minor excavation to accommodate foundation structures and to provide a level building platform. Standard conditions are recommended to ensure that suitable retaining walls and protection measures are installed during works on the site. The proposal is not considered to adversely impact on the drainage pattern and use of the land, subject to the recommended conditions.

Complies, subject to conditions

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

Council to consider the likely effect of the proposed development on heritage items, conservation areas or known or potential archaeological sites located in the vicinity and their setting

There are two local heritage items located in proximity to the site:

·     No. 1-13 Kemmis Street (Inventory No. 291)

·     No. 49-55C Frenchmans Road (Inventory No. 264)

 

The above items are separated approximately 45m and 61m from the subject site respectively. Given the extent of the separation, the proposed development is not considered to result in any significant adverse impact on the visual setting and curtilage of the aforementioned heritage items.

Complies

 

9.2    Draft Randwick Local Environmental Plan 2008

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

 

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

SEPP No. 55 aims to promote the remediation of contaminated land for the purposes of reducing risk of harm to human health or any other aspect of the environment. The subject site has been continuously used for residential and retail purposes for over 30 years. There is no known previous industrial usage of the site, which would result in land contamination. Therefore, a preliminary site contamination investigation report is not required in this instance.

 

9.4    State Environmental Planning Policy (SEPP) No. 65 – Design Quality of Residential Flat Development

SEPP No. 65 applies to the subject proposal. The Design Quality Principles prescribed in the SEPP and the comments provided by the Design Review Panel are addressed as follows:

 


Principle 1: context

The comments provided by the Panel are extracted below:

 

The site of the proposed building is currently the rear wing and car park serving an existing 1970’s apartment building. Existing shops are located to Frenchman’s Road at the eastern end. The site is located between eight and four storey apartment buildings to its east and west.  There is an older single storey structure covering about 2/3rds of its site to the south, behind which there is a stand of trees. The Panel has recently seen a DA for this site, and considers that the two designs should be tailored for their mutual benefit.

 

The site analysis now presented is improved, and shows the relationship in plan to the approved DA adjacent.

 

The environment of this local centre is in transition, generally for the better, which makes this site an appropriate location for an infill apartment development such as this proposal. The modified proposal now relates more decisively to the gentle curve of Roscrea Avenue, set away from rear boundaries which impact unduly on neighbours but it should also integrate with the existing building on the site. Previously the proposal appeared alien to its context, un-integrated in any way with its surrounds.

 

Comments:

The subject site is located within an existing shopping strip on Frenchmans Road. The proposed land uses and built form are compatible with the adjoining premises and will reinforce the viability of the local retail centre. The layout and configuration of the building appropriately relate to the approved development on the adjoining site at No. 67-69 Frenchmans Road, and will maintain privacy and ambient light access to its side windows.

 

Principle 2: scale

The comments provided by the Panel are extracted below:

 

The height of the proposed building is satisfactory, and the scale, massing and detail are improved (see below).

 

Comments:

The ground, first and second levels of the front section of the building are aligned with the street boundary, which are consistent with the predominant development pattern along Frenchmans Road. The additional third level is appropriately setback from the external wall alignment and will minimize the visual mass of the structures. In this respect, the design scheme will maintain the existing street wall that defines the shopping strip of Frenchmans Road, and is considered satisfactory from an urban design perspective.

 

Principle 3: built form

The comments provided by the Panel are extracted below:

 

The massing of the revised proposal has improved, and the following revisions are supported;

·      There is now a direct line of sight between the street and any new entry;

·      The additional storey above the existing building facing Frenchman’s Road is supported in principle

·      Replacing the eastern wing of the existing building on the site allows for a new element with generous new balconies to link old and new and positively address the curve of Roscrea Avenue;

·      The height and footprint at the rear are supported;

·      The massing, lightwell and setbacks accord reasonably with the approved DA to the sw.

 

The Panel considers that the following refinements should be further investigated:

·      Compacting the car parking substantially under the new building, thus freeing the rear of the site to become a generous deep soil garden

·      The new landscaped garden should provide a much-improved outlook both for the new units, from all neighbouring properties and from the street. An open palisade type fence to the street should provide both security and an open vista to the garden

·      The garbage and storage areas need to be re planned with the car parking

·      The roof form and massing of the additional storey above the existing building could relate in a more simple and direct way with the existing footprint and to the heights achieved by 67-69 Frenchmans Rd.

·      The design of all the shop windows needs to be reconsidered. Either they are upgraded with a quality shopfront window design or, if the existing is retained, the frontage is treated with colour or some other proportioning device to neaten and upgrade the street level experience.

 

The balcony to unit 12 could be reoriented so that it is thinner and longer and extends to the north west (to receive more winter sun).  This will open up the distance between the balcony and the neighbouring building.

 

The above recommendations have been successfully included in the design.

 

Comments:

The submitted amended plans have satisfactorily addressed all of the concerns raised by the panel.

 

Principle 4: density

The comments provided by the Panel are extracted below:

 

This is satisfactory in this well serviced location in a design that should enhance the area surrounding it and would have no adverse impacts.

 

It is noted that the parking provided is below current standard.  It is the Panel’s view that this is a particularly well serviced area, with very convenient public transport, and that the trees proposed are of more value to the neighbourhood than additional parking spaces.

 

Comments:

The proposed housing density is justified by the site’s proximity to retail and commercial premises and public transport services along Frenchmans Road. The proposal is considered to introduce a suitable amount of residential population to a locality, which is highly accessible and well supported by retail services.

 

Principle 5: resource, energy and water efficiency

The comments provided by the Panel are extracted below:

 

All units enjoy cross ventilation and adequate or improved solar access.

Ceiling fans should be provided in all bedrooms.

 

Comments:

The proposal has maximized the provision of operable windows on more than two elevations to facilitate natural lighting and ventilation.

 

It is noted that Units 1 and 6 would receive minimal direct sunlight to the living room windows in mid-winter. This is attributed to the orientation of the site and the constraints of the existing building. These units will enjoy suitable cross ventilation and ambient light access during the winter seasons and are considered satisfactory in this regard.

 

Principle 6: landscape

The comments provided by the Panel are extracted below:

 

The proposed landscape includes five Water Gums, which will grow to a substantial size and strengthen the line of trees to north and south of the site.

 

Comments:

The proposal has included a deep soil landscaped area of approximately 12.0m x 11.5m to 11.9m in dimensions to the rear of the building. The garden will support a range of trees, shrubs and ground covers that soften the building structures and improve visual privacy between properties.

 

Principle 7: amenity

The comments provided by the Panel are extracted below:

 

The amenity of the proposed building is markedly improved over previous versions. The following elements can be better considered in the design refinement of the proposal;

-    an awning should be added to the Frenchmans Road frontage, returning along Roscrea Avenue as far as the entry court. The corner shop should have new openings to Roscrea Avenue;

-       the entrance doorway is too tight and lacks weather protection, and the common stair/hall could also be improved. The entry courtyard with the tree is a welcoming element;

-       the common stair should be made as a glazed bridge, to improve daylight and airflow to the courtyard / lightwell

-       the top floor bathrooms and entries could benefit from ventilated top lights

-       the new top floor unit on the existing building could be better planned. The deep balcony off bedroom 1 offers little amenity, and the apartment could be extended. The living room terrace could extend on the nw side.  The façade may look better if the wall for the living room and kitchen remains parallel to the roof and is set back further.  The corridor into Bedroom 2 seems unnecessary or at least should have a clerestorey skylight to improve its amenity.  In this regard the three skylights could be made into one more effective element that serves the bathroom, corridor and bedroom.

 

Privacy between the front and rear apartments over the courtyard could be improved with some screens.  The applicant mentioned obscured glass however if the window is open for ventilation then privacy is compromised.  The privacy between the access balcony and apartment windows seems to be dealt with by a screen however details should be provided.

 

These recommendations have been incorporated into the design, greatly improving it.

 

The Panel suggests that the opportunity to reduce the length of the corridor within Units 3 and 12 to provide entrances to Units 2 and 11 closer to the center of these apartments would improve their amenity.  This may require a fire engineered solution.

 

Comments:

·      The submitted revised drawings have satisfactorily addressed concerns raised by the panel.

·      The layout, configuration and dimensions of the apartment units will maximize solar access to the living areas. The units are of an open plan design allowing flexibility for the placing of furniture and living functions.

·      Each dwelling unit is provided with a private balcony directly accessible from the living areas.

·      All of the proposed units have dual aspects. Operable windows are provided on more than one elevation with a separation distance of less than 18m. The dwellings are considered to enjoy adequate natural cross-ventilation.

·      Some additional planting is required to minimize overlooking into the bedroom of Unit 2 from the communal central courtyard. This will be required by a special condition.

 

Principle 8: safety and security

The comments provided by the Panel are extracted below:

 

Satisfactory

 

Comments:

The proposed balconies and windows will provide casual surveillance to Frenchmans Road and the communal garden to the rear of the site. The ground floor retail suites will provide an active frontage to Frenchmans Road.

 

Principle 9: social dimension

The comments provided by the Panel are extracted below:

 

The addition of small apartment units is suitable in this neighbourhood.

 

Comments:

The proposal has included a combination of studio, 1- and 2-bedroom units, which will cater for different household needs in the area.

 

Principle 10: aesthetics

The comments provided by the Panel are extracted below:

 

Satisfactory: except for the design of the edges to the penthouse unit.  The Panel recommends that the balconies to this apartment be extended to the Frenchmans Road street frontage and that the façade line, with simplified fenestration, run parallel to the street line.  The appearance of the top floor needs to be improved by making it relate more closely to the main building form.  The kitchen comes too far forward and the area of roof is too small.

 

Comments:

The revised drawings have satisfactorily addressed the panel’s concerns.

 

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

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies to the proposed development. The development application is accompanied by a BASIX Certificate numbered 225686M. The requirements specified in the above certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

10.    Policy Controls

 

10.1  Randwick Development Control Plan - Parking

 

Under the DCP, the proposed development will generate the following parking requirements:

 

Land use

Parking rate

Requirements

2 x shops at 114.1m2

1 space / 40m2

2.85

3 x health consulting rooms

2 spaces / room

6

3 x studio of 40m2

0.5 space / unit

1.5

3 x studio more than 40m2

1 space / unit

3

3 x 1-bedroom

1 space / unit

3

4 x 2-bedroom

1.2 spaces / unit

4.8

Visitor

1 space / 4 units

3.25

Total parking requirements

 

24.4 or 24

Proposed parking provision

 

8

Parking deficiency

 

(16)

Parking credit*

 

6

Parking deficiency after allowing for parking credit

 

(10)

Bicycle parking provision

1 space / 3 units, plus 1 visitor / 10 units

5.6 or 6

*Existing parking demand and parking credit

2 x shops at 114.1m2

 

2.85

3 x health consulting rooms

 

6

3 x 1-bedroom

 

3

3 x 2-bedroom

 

3.6

Visitor

 

1.5

Total parking requirements

 

16.95 or 17

Existing parking provision

 

11

Existing parking deficiency or parking credit

 

6

 

The proposed development will result in a shortfall of 10 car parking spaces, after allowing for parking credit. Council’s Development Engineer has assessed the traffic and parking aspects of the proposal. The comments provided are extracted below:

 

Parking Comments

The most recent plans submitted for this application differ from earlier submissions in that the size of three of the studio apartments has been decreased to 40m2 and another 3 of the studio apartments have been converted to 1 bedroom units. The apartments with areas of 40m2 can now be assessed at the lower parking rate of 0.5 spaces per unit as per Council’s DCP-parking. This will result in a slight decrease in the overall parking requirement for the development, (Note: the 3 studio apartments that are now 1 bedroom had already been considered as 1 bedroom for the purpose of carparking allocations, given that they were greater than 40 m2).

 

The breakdown of the parking rate is as follows:

Existing Parking provision –

The existing development provides 11 parking spaces situated at the rear of the development site and accessed from Roscrea Avenue. The existing development and parking demand using Council’s DCP-Parking consists of the following:

2 x shops totalling 114.1sqm @ 1 space per 40sqm                           = 2.85 spaces

3 X medical consulting room totalling @ 2 spaces per consulting room  = 6.00 spaces

3 x 1 bedroom units @ 1 per unit                                                    = 3.00 spaces

3 x 2 bedroom units @ 1.2 per unit                                                  = 3.60 spaces

Visitor Parking @ 1 per 4 units                                                        = 1.50 spaces

                                                                                           TOTAL =16.95 = 17.00 spaces

 

Present Parking deficiency = 6 spaces = Parking Credit

 

Proposed Parking provision –

The proposed development would generate a parking demand of 24 spaces:

2 x shops totalling 114.1sqm @ 1 space per 40sqm                            = 2.85 spaces

3 X medical consulting room totalling @ 2 spaces per consulting room   = 6.00 spaces

3 x studio units of 40m2 @ 0.5 space per unit                                   = 1.50 spaces

3 x studio units >40m2 @ 1 per unit                                                = 3.00 spaces

3 x 1 bedroom units @ 1 per unit                                                    = 3.00 spaces

4 x 2 bedroom units @ 1.2 per unit                                                  = 4.80 spaces

Visitor Parking @ 1 per 4 units                                                        = 3.25 spaces

                                                                                            TOTAL = 24.4 = 24.00 spaces

Proposed Parking Provision = 8 spaces

Parking Deficiency = 16 spaces

Deficiency after application of Parking Credit (6 spaces) = 10 spaces

 

As stated above, the parking deficiency is 10 spaces (making provision for parking credit of 6 spaces on the development site). The size of the deficiency is significant and Council prefers that developments are fully compliant with parking provision.

 

In support of the application it must be noted that the Development Engineer Coordinator has held detailed discussions with the Assessment Planner and other senior assessment planners regarding the merits of the Development Application and has been advised that most planning related issues have been resolved and the application is supportable on planning related considerations. Additional onsite parking could be provided in the northern portion of the site however the parking spaces would compromise the quality of the rear landscaped area. The provision of additional parking through the use of car stackers has also been considered and found to be unsuitable given the levels of the first floor slab and the limited travel distance from the Roscrea Avenue site boundary to the carspaces, (i.e. limited travel distance in which to ramp down / increase clearances). The site cannot benefit from further consolidation and, given that the vehicular entry/exit point is in Roscrea Avenue and that much of the Frenchmans Road frontage remains as existing, there is limited scope for any additional level of carparking to be constructed. Any additional level of carparking would lose considerable “usable area” as a result of the introduction of circulation ramps.

 

The development site is located in an area well served by public transport and Council has tended to support minor variations to the parking provision in areas where public transport is readily available. The commercial component of the development site does not change markedly as a result of the proposed development however significant changes are proposed to the parking allocation for the commercial component. The applicant has stated that no on-site spaces will be allocated to commercial parking, (currently 3 spaces are available), and therefore all carparking spaces will be allocated to residential parking.  The loss of on-site commercial carparking spaces is not desirable, (as stated above Council prefers that the applicant meet all relevant parking provisions), however there is likely to be some scope for informal arrangements for commercial vehicles to utilise some residential spaces during the day, (peak demand for commercial spaces usually coincides with low demand for residential spaces). Council’s Development Engineer Coordinator has inspected the development site and surrounding streets on a number of occasions recently and has been able to identify on-street parking within convenient distance from the development site. The availability of on-street parking varied considerably, however at all times there were considerably more on-street parking spaces available than the parking deficiency within a 200m distance from the development site.

 

The application, therefore, seeks to provide 8 parking spaces for 3 x studio units of 40m2, 3 x studio units >40m2, 3 x 1 bedroom units and 4 x 2 bedroom units. Based on Council’s DCP-Parking the required parking provision, (excluding visitor parking), would be approximately 12 spaces. Council has available census data which provides recent, (2006), information on car ownership. Consideration of this data would tend to support residential parking provision less than DCP-Parking, (in the order of 9 spaces).

 

Summary

·      Based on the discussion above the parking arrangement is supportable. It must be noted, however, that the parking provision is at the very lowest level the Development Engineer could support and should planning issues arise with the development, as part of the detailed assessment of the application, the parking issue should be referred back to the Development Engineer Coordinator for further comment.

 

Comments:

The proposal is considered acceptable for the following reasons:

 

·      The subject site is located within an established neighbourhood commercial centre with convenient access to public bus services along Frenchmans Road. The bus routes include: 314, 316, 317, 339, X39, 348, 400 and 410 (refer to page 3 of the submitted Assessment of Parking Implications report).

 

·      Given the highly accessible location of the site, it is considered that employees of the commercial uses within the development could utilise public transport for trips to and from work. It is also anticipated that a proportion of the customers of the commercial uses would be local residents who would walk to the premises.

 

·      Inspections undertaken by the Development Engineer indicate that there is some spare capacity for on street parking spaces in the vicinity of the site, which would enable loading operation of delivery vehicles. It is noted that there is a relatively high turnover of these kerb side spaces, which are frequently used by customers to the nearby retail uses.

 

·      A special condition is recommended to require adequate bicycle parking facilities to be provided on site as a measure to encourage sustainable mode of transport.

 

·      The Development Engineer has reviewed the ABS census data and considered that the subject locality has a slightly lower car ownership rate as compared to other districts with the LGA.

 

·      There is no possibility for further site amalgamation and the use of car stackers is impractical given the dimensions of the allotment.

 

·      Council has engaged a planning consultant, URaP – TTW, to undertake an independent car parking review of the proposed development (dated 6 November 2009). The study has utilised a set of lower parking rates (than Council’s DCP) to calculate the parking requirement of the proposed development, given the site’s high accessibility and the relative small size of the dwelling units. The study concludes that the parking deficiency, after allowing for the existing parking credit, would be in the order of 7 or 8 spaces, instead of Council’s calculation of 10 spaces by strict application of the DCP parking rates.

 

·      It is noted that the applicant has agreed to enter into a voluntary planning agreement (VPA) with Council for contribution to townscape improvement works. It is considered that the development contribution will improve the pedestrian environment and encourage walking. It is considered that the amount of monetary contribution (being $70,000) appropriately relates to the numerical shortfall identified in the aforementioned independent parking review. The VPA is further discussed in the “Financial Impact” section of this report.

 

10.2  Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost $100,001 - $200,000

------

0.5%

------

Development cost more than $200,000

$1,682,545

1.0%

$16,825.45

 

11.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

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

The proposal is consistent with the aims and objectives of the draft Randwick LEP 2008 and the draft SEPP: Application of Development Standards 2004. 

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

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

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

A Voluntary Planning Agreement (VPA) is proposed between the developer and Council pursuant to Section 93F of the EP&A Act. The developer has agreed to pay a lump sum monetary contribution for the amount of $70000 to Council. The contribution will be applied towards the cost of townscape improvements, including pavement and road upgrading, in the vicinity to the site as planned to be carried out by Council.

 

Council has engaged a planning consultant to undertake an independent car parking review of the proposed development. The study concludes that the parking deficiency, after allowing for the existing parking credit, would be in the order of 7 or 8 spaces. The proposed amount of monetary contribution relates to the above calculated parking shortfall.

 

The proposed planning agreement is considered to satisfy the acceptability test set out under Clause 2.5 of the Planning Agreements Policy through:

·      Serving proper planning purposes, having regard to relevant statutory planning controls and providing for a reasonable means to achieve those purposes.

·      Producing outcomes that meet the general values and expectations of the community and protecting the public interest.

·      Promoting Council’s strategic objectives for the planning agreement, and conforming to the principles governing Council’s use of planning agreements.

 

The proposed VPA is considered to satisfy Section 93F(1) of the EP&A Act in that the monetary contribution will be used to provide a material public benefit.

 

The details of the VPA will be finalised following the required public notification procedures and formal acceptance by Council. Accordingly, a deferred commencement condition is recommended to ensure that the agreement is entered into by the parties prior to the consent becoming operational. The above condition is incorporated in the “Recommendation” section of this report.

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

Clause 7 of the EP&A Regulation 2000 requires the consent authority to consider the provisions of the Building Code of Australia. Accordingly, an appropriate condition is recommended for imposition should this application be considered suitable for approval.

 

Clause 92 of the regulation requires the consent authority to consider relevant Australian Standards relating to demolition of structures. Accordingly, a specific condition is recommended for imposition to require compliance with Australian Standard 2601.

 

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

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

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

 

The proposed development is consistent with the predominant mixed use character of the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality. 

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

The site is located within a local shopping strip with convenient access to retail and commercial services and public transport. The site has sufficient area to accommodate the proposed land uses and structures. Therefore, the site is considered suitable for the proposed development.

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

The issues raised in the submissions have been addressed in this report.

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

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

 

 

11.1  Landscaped open space

·      The proposal involves landscaping of the rear section of the site, an area of approximately 144 square metres. This is a substantial improvement over the existing situation where the area is concreted and used for car parking. The proposed development will increase and improve the amount and type of landscaping on the site.

 

·      The proposal involves the removal of a 6-7 metre tall Wattle tree as it is inappropriately located adjacent to the existing building. Council’s Landscape Development Officer has no objection to its removal. A 4 metre tall Dragon tree is to be retained.

 

·      A podium garden will be constructed at first floor level to function as a light well to allow ambient light and natural ventilation to the proposed dwellings.

 

·      Each residential unit will be provided with a private balcony.

 

The development is therefore considered to be acceptable in this regard.

     

11.2  Privacy

·      Owing to the location of the site at a street corner, potential privacy impacts are limited as the majority of the units are oriented towards the streets away from the adjacent properties.   

 

·      The proposed windows to the light well will be constructed with obscured glazing. Timber slatted screens will be installed along the semi-open circulation corridor to minimise overlooking into the side windows of No. 67-69 Frenchmans Road. Landscape planting will also be provided within the central courtyard to enhance privacy protection between dwellings.

 

·      The side elevations of the balconies for Units 2, 7 and 11 will be characterised by solid screen walls to minimise visual and acoustic privacy impacts on No. 67-69 Frenchmans Road.

 

·      A special condition is recommended to require the side windows of Units 2, 7 and 11, which are oriented towards No. 67-69 Frenchmans Road, to be constructed with fixed, obscured glazing.

   


11.3  Solar access and ventilation

 

Solar access and ventilation to the proposed apartment units

·      As previously detailed, the units will have operable windows on at least two different elevations to ensure cross-ventilation can be achieved.

 

·      Also as previously noted, Units 1 and 6 will receive little sunlight into the living areas in midwinter. These are existing units and it is highly difficult to improve sunlight access for these dwellings as a result. The units will receive reasonable ambient light and are considered to be satisfactory.

 

Solar access and ventilation to adjoining properties

·      The development has been designed so that the central courtyard between the two wings of the building mirrors the void / set-back on the adjacent site, No. 67-69 Frenchmans Road. This will ensure that window openings of the subject and adjoining dwellings will receive adequate daylight and ventilation.

 

·      Shadow diagrams in plan view submitted with the application indicate that the rear, unbuilt portion of the adjacent property to the south-west (No. 67-69 Frenchmans Road) will maintain good sunlight access over a substantial portion of its area until midday on the winter solstice. This is a result of the rear alignment of the subject development being generally consistent with that of the proposed development at No. 67-69 Frenchmans Road. From midday this area will be substantially shaded by the existing residential flat building at No. 16 Roscrea Avenue.

 

·      Shadow elevations submitted with the application show that in midwinter the rear of No. 67-69 Frenchmans Road will retain reasonable sunlight access. The following is the situation during the day:

 

At 9am and 10am: the balconies of units closest to the subject property will be shaded as will some of the apartment windows.

 

11am: shadow is moving off the balconies closest to the subject site. The rest of the rear elevation is in direct sunlight.

 

Noon and 1pm: windows and balconies receive direct sunlight.

 

2pm: the ground floor and first floor are shaded.

 

3pm: the bulk of the rear elevation is in shadow. 

 

Sufficient side setbacks have been reserved in the proposed development to maintain natural ventilation to the adjoining apartment block.

 

The proposal is therefore considered to be satisfactory in this regard.       

 

11.4  View loss

At present, district views are obtained from the upper level of the building located on the opposite side of Frenchmans Road from the subject property, No. 62 Frenchmans Road. These include distant views of the City skyline (interface between the high-rise buildings and the sky) and Bondi Junction. The proposed development will not obstruct views of City skyline. Views of the skyline in Bondi Junction will be maintained, although views of the buildings will be reduced. Wider district views will be maintained although presently restricted to some extent by the 8-storey apartment building at No. 16 Roscrea Avenue.

 

District views from the immediately adjacent property, No. 67-69 Frenchmans Road will also be maintained although presently impacted by the building at No. 16 Roscrea Avenue.

 

The development will not result in unreasonable view loss from the surrounding properties and is considered to be acceptable in this regard.

 

Existing views from the balcony of 10/62 Frenchmans Road; it is noted that the skyline in Bondi Junction will generally be maintained after the proposed development

 

11.5  Parking design

The proposed parking area is at ground level with access from Roscrea Avenue, as is presently the case. The proposed development will however result in a substantial improvement over the existing situation where the entire rear yard is paved and used for parking purposes. The proposal involves substantial landscaping at the rear of the site. Horizontal slatted screening will be installed to obscure views of the at-grade parking areas from Roscrea Avenue. The parking design has been assessed by Council’s Development Engineer, and is considered to be satisfactory subject to conditions.

 

11.6  Site facilities

The proposal has provided separate garbage storage areas for the residential and commercial components of the development. The residential garbage room is of an adequate size to accommodate the 13 bins required and is to be accessed from the commercial garbage room. A condition is to be imposed on any consent requiring the residential room to be accessed by lock and key to prevent it from being used by commercial tenants.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

The applicant has proposed to enter into a voluntary planning agreement with Council for a lump-sum contribution of $70,000. The monetary contribution could be used for townscape improvements, including upgrading of existing footpaths, kerb and guttering in the vicinity of the subject site. The work would involve installation of coloured footpaths with a paved border to match the existing town centre streetscape. The development would therefore have a positive impact in this regard.

 

Conclusion

 

The proposal does not comply with the 1.5:1 floor space ratio which applies to the site. The proposal has a floor space ratio of 1.58:1. The development also exceeds the 12m maximum building height which applies to the site. The proposed height of the development is 13.1m. The applicant has submitted objections under State Environmental Planning Policy No.1 justifying the breaches. The objections have been addressed within the body of this report.

 

The proposal will result in a numeric shortfall of 10 car parking spaces when assessed against the provisions of the Development Control Plan – Parking. When all relevant factors are considered (good public transport links, improved amenity as a result of the development particularly significant landscaping in the northern portion of the site, the fact that the site cannot benefit from further consolidation and that the use of car stackers is impractical) the application is deemed to be supportable in this regard. Council’s Development Engineer is supportive of the proposal.

 

The application satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979. The potential impacts of the proposal are deemed to be acceptable and the application is recommended for approval, subject to conditions.

 

 

Recommendation

 

A                 That Council, as the consent authority, supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 32(3) and 33(5) of Randwick Local Environmental Plan 1998, relating to floor space ratio and maximum building height respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B        That Council, as the consent authority, grants development consent by “Deferred Commencement” under Section 80(3) of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 927/2008 for demolition of the rear wing of the existing building on site, construction of a new 4th floor level on the existing building to be retained, and construction of a 4-storey rear extension, to create 2 x retail suites, 1 x health consulting room, 4 x 2-bedroom units, 3 x 1-bedroom units, 6 x studio units and car parking for 8 vehicles, at No. 71-73 Frenchmans Road, Randwick, subject to the following conditions:

 

Deferred Commencement Conditions

 

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

 

a)   The making of a voluntary planning agreement (VPA) to the satisfaction of the Council providing for the payment of a lump sum Development Contribution of $70,000 by bank cheque to Randwick City Council, which will be applied towards the cost of construction of civic improvements as planned to be carried out by Council. 

 

b)   The registration of the VPA upon the title to the land subject of this development application.

 

c)   Council has acknowledged compliance with this condition in writing.

 

Period within which evidence must be produced

The applicant must produce evidence to Council sufficient enough to enable it to be satisfied as to those matters above within 365 days (1 year) of the date of determination.

 

Clause 95(4) of the Regulation provides that:

 

"The applicant may produce evidence to the consent authority sufficient to enable it to be satisfied as to those matters and, if the consent authority has specified a period for the purpose, the evidence must be produced within that period."

 

Note: Nothing in the Act prevents a person from doing such things as may be necessary to comply with this condition. (See Section 80(3) of the Act)

 

Note: Implementing the development prior to written confirmation of compliance may result in legal proceedings. If such proceedings are required Council will seek all costs associated with such proceedings as well as any penalty or order that the Court may impose. No Construction Certificate can be issued until all conditions (including this condition) required to be satisfied prior to the issue of any Construction Certificate have been satisfied.

 

C.     Subject to compliance with the Deferred Commencement conditions, to the satisfaction of the Director of City Planning, Development Consent is granted under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, subject to the following conditions:

 

Conditions of Consent

 

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

 

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

 

Plan Number

Dated

Received

ATES-01D

09.04.2009

1 May 2009

ATES-02D

09.04.2009

1 May 2009

ATES-03D

09.04.2009

1 May 2009

ATES-04D

09.04.2009

1 May 2009

ATES-06D

09.04.2009

1 May 2009

ATES-07C

03.12.2008

19 December 2008

       

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

 

2.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the approved drawings.

 

3.       The proposed car parking spaces are to be designed, constructed, line-marked and sign-posted as being compliant with Australian Standard 2890.1(2004): Off-Street Car Parking. Details of compliance are to be included in the Construction Certificate application.

 

4.       A minimum of six (6) bicycle parking spaces are to be provided within the development. The design and construction of the bicycle parking facilities are to be compliant with Australian Standards 2890.3: Bicycle Parking Facilities. Details of compliance are to be included in the Construction Certificate application.

 

5.       Ceiling fans are to be installed within the development in accordance with the approved drawings.

 

6.       The metal roofing of the development is to be pre-painted or colour-bonded so that no unreasonable light overspill or reflection will result.

 

7.       A fixed planter box of not less than 900mm in width with suitable planting is to be installed within the central courtyard / light well adjacent to the bedroom window of Unit 2, in order to improve privacy for the above dwelling.

 

8.       The south-western wall to the central courtyard / light well abutting the shared boundary with No. 67-69 Frenchmans Road shall be appropriately finished (for instance, rendered and paint-finished) on both sides.

 

9.       The south-western screen walls to the rear-facing balconies of Units 2, 7 and 11 shall have a minimum height of 1800mm as measured from the finished floor level.

 

10.     The south-western windows of Units 2, 7 and 11, which are located adjacent to the balconies, shall be constructed with fixed, obscured glazing.

 

11.     Access to the residential garbage room shall be controlled by an appropriate security system, such as lock and key or swipe card, etc.). The system shall be designed so that the commercial tenants do not have access to the residential bin room. Details of compliance shall be submitted to the satisfaction of the Principal Certifying Authority, prior to issuing of the Occupation Certificate.

 

12.     Suitable ventilation grilles shall be installed in the enclosing walls to both the commercial and residential garbage rooms, so that these areas can be naturally ventilated from the car park.

 

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

 

In this regard, an Application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of appropriate street and unit numbers for the development, prior to issuing an occupation certificate.

 

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

 

15.     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.

 

16.     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.

 

17.     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.

 

18.     Any gates/bi-folding doors shall be constructed so that the gates/doors, when hung, will be fitted in such a manner that they will not open over the footway or public place.

 

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

 

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

 

20.     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.

 

21.     The following provisions are to be implemented in accordance with the relevant BASIX Certificate and details are to be included in the Construction Certificate documentation (as applicable), to the satisfaction of the Certifying Authority:

 

·           Stormwater management (i.e. rainwater tanks)

·           Water efficiency (i.e. triple A rated taps and showers, dual flush toilets and water re-use)

·           Landscaping provisions

·           Thermal comfort (i.e. construction materials, glazing and insulation)

·           Energy efficiency (i.e. cooling & heating provisions and hot water systems)

 

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

 

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

 

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

 

23.     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

$1,682,545

1.0%

$16,825.45

 

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

 

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

 

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

 

24.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

30.     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.

 

31.     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.

 

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

 

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

 

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

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

 

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

 

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

·    Has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $5000.

 

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 work.

 

33.     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.

 

34.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

37.     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.

 

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

 

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

 

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:

 

39.     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.

 

40.     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).

 

41.     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.

 

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

 

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

 

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

 

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

 

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

 

a)     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.

 

b)     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.

 

c)     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.

 

d)     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.

 

e)     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.

 

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

 

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

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

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

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

 

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

 

Dust control measures and practices may include:

 

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

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

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

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

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

·       Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

47.     Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

48.     A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the site which comprise:-

 

·       any works or hoisting of materials over a public footway or adjoining premises, or

·       any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.

 

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

 

49.     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.

 

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

 

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

 

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

§   Details of hazardous materials, including asbestos

§   Method/s of demolition and removal of asbestos

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

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

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

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

§   Date the demolition and removal of asbestos will commence

 

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

 

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

 

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

 

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

 

b)     A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 50 m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation). Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.

 

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

 

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

 

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

 

The following condition is applied to provide access and facilities for people with disabilities:

 

52.     Access for people with disabilities must be provided to and within the entrance floor of the building in accordance with the relevant provisions of the Building Code of Australia and AS1428.1 to the satisfaction of the Certifying Authority. Details of the proposed access for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

Road/Asset Openings

 

The following conditions are applied to ensure that appropriate provisions are made for infrastructure, drainage and services:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

54.     Prior to the issuing of a construction certificate for the proposed development, a Waste Management Plan detailing the waste and recycling storage and removal strategy for all of the development, is required to be submitted to and approved by Council’s Director of City Services.

 

The Waste Management plan is required to be prepared in accordance with Council's Waste Management Guidelines for Proposed Development and must include the following details (as applicable):

 

·       The use of the premises and the number and size of occupancies.

·       The type and quantity of waste to be generated by the development.

·       Demolition and construction waste, including materials to be re-used or recycled.

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

·       The procedures and arrangements for on-going waste management including collection, storage and removal of waste and recycling of materials.

·       Cleaning arrangements, hygiene, safety and amenity.

 

Further details of Council's requirements and guidelines, including pro-forma Waste Management plan forms can be obtained from Council's Waste Management Officer on 9399 0520.

 

The following condition is applied to maintain reasonable levels of public health, amenity and safety:

 

55.     The demolition, removal, storage, handling and disposal of products and materials containing asbestos must be carried out in accordance with Randwick City Council’s Asbestos Policy and the relevant requirements of WorkCover NSW and the NSW Department of Environment & Conservation (formerly the Environment Protection Authority), including:

 

·    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 for the Safe Removal of Asbestos

·       Australian Standard 2601 (2001) – Demolition of Structures

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

·       Relevant Department of Environment & Conservation (DEC) / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

 

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.

 

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

 

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

 

57.     The proposed 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).

 

58.     The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

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

 

61.     The use and operation of the premises shall not give rise to an environmental health or public nuisance and 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.

 

62.     Development consent is required to be obtained in relation to the specific ‘use’ of commercial tenancies/occupancies and ‘shop fit outs’, in accordance with the relevant requirements of the Environmental Planning & Assessment Act 1979.

 

Security Deposit Conditions

 

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

 

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

 

a)   $2000.00   -      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:

 

64.     Prior to the issuing of an Occupation Certificate the applicant must meet the full cost for Council or a Council approved contractor to remove the existing vehicular crossing and to construct a new full width concrete heavy duty vehicular crossing and layback at kerb opposite the vehicular entrance to the site. Note: the new vehicular crossing shall be a minimum of 4.5 metres in width.

 

65.     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.

 

66.     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.

 

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

 

68.     The driveway opening at the Roscrea Avenue frontage must be a minimum of 4.5 metres wide and located at least 1.5 metres clear of the side property.

 

69.     A Works Zone is to be provided in Roscrea Avenue 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:

 

70.     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 in Roscrea Avenue for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage.

 

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

 

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

 

72.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $1939 calculated at $44.00 (inclusive of GST) per metre of the Roscrea Avenue 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:

 

73.     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.

 

74.     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.

 

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

 

76.     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.

 

77.     The applicant shall meet the full cost of the overhead power lines and telecommunication cables located in the vicinity of the development site to be replaced with aerial bundled cables. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be replaced. All work must be to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.

 

78.     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:

 

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

 

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

80.     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.

 

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

 

·      the kerb and gutter in Roscrea Avenue OR

·      The stormwater easement at the rear of the property.

Note:

Documentary evidence confirming use rights over the stormwater easement shall be submitted to the principal certifying authority prior to the issuing of a construction certificate

 

82.     Onsite stormwater detention must be provided for the redeveloped portion of the site to ensure that the maximum discharge from the redeveloped portion of the site does not 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 have to be a minimum of 2.0 metres below the base of the tank.

 

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

 

84.     Any onsite detention/infiltration systems shall be located in areas accessible by residents of all units 

 

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

 

·           150mm in uncovered carparking areas (with an isolated maximum depth of 200mm permissible at the low point pit within the detention area).

 

·           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).

 

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

 

·           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

 

86.     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.

 

87.     The applicant shall ensure that the structural integrity of the existing stormwater drainage line, located adjacent to the northern site boundary within a private drainage easement, is maintained. Details of how the stormwater line is to be protected during construction of the development shall be submitted to the certifying authority for approval, and approved, prior to the issuing of a construction certificate for this development. The applicant shall also detail how access to the private drainage easement and pipeline is to be provided to those parties with an interest in the easement and pipeline.

 

88.     The applicant shall ensure that no existing overland stormwater flowpath through the development site is blocked or altered in such a way as to direct stormwater overland flow into an adjoining property.

 

89.     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.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·      A sign adjacent to the pit stating:

 

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

 

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

 

93.     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:

 

·      The location of the detention basin with finished surface levels;

·      Finished site contours at 0.2 metre intervals;

·      Volume of storage available in the detention areas;

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

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

·      Details of any infiltration/absorption systems; and

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

 

94.     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.

 

Waste Management Conditions

 

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

 

95.     The garbage room for the residential areas will have to be designed so as to be able to contain a total of 13 x 240 litre bins (7 garbage bins & 6 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.

 

96.     The applicant is to liaise with Council’s Manager of Waste regarding the required size of the commercial bin area. Details showing compliance with his requirements are to be shown in the Waste Management Plan and on plans submitted to the certifying authority for the construction certificate.

 

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

 

98.     The waste storage areas shall be clearly signposted.

 

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

 

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

 

Landscape Conditions

 

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

 

100.    Landscaping at the site shall be installed substantially in accordance with the Landscape Plans By Michael Zinn Landscape Designer, project number 376, drawing number 01(A) and 02(B), dated 9 December 2008 and 21 April 2009 respectively, subject to the following additional requirements being shown on an amended plan, which 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 if not the PCA, prior to the commencement of site works) and is to include:

 

a.       All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm.

 

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

 

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

 

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

 

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

 

102.    The nature-strip on Council's Roscrea Avenue 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.

 

Streetscape Works

 

103.    The applicant shall meet all costs associated with upgrading the Frenchman’s Road site frontage in accordance with Council’s Urban Design Guidelines for the Frenchman’s Road Commercial Centre, with all works carried out on public property to be in accordance with Council’s requirements for Civil Works on Council property.

 

A detailed streetscape plan for the Frenchman’s Road frontage showing existing and proposed paving design, plantings, street furniture (including the existing bin and stainless steel bin enclosure), grades, finished levels, services, extent and location of awnings, doors/entranceways, traffic signs and any other details required shall be submitted to, and be approved by, Council’s Director of City Services, prior to the commencement of any external civil works.

 

The applicant will be required to liaise with Council’s Co-ordinator, Landscape Design, on 9399-0911, prior to the preparation of this separate streetscape plan in order to obtain any detailed, site specific landscape design requirements.

 

Following approval of this streetscape plan; and prior to commencement of the streetscape works on Council property, the applicant shall liaise with Council’s Pre-paid Works Designer on 9399-0922, regarding scheduling of work including inspections, supervision fees and compliance with Council’s requirements for public liability insurance.

 

The approved streetscape works shall be completed to the satisfaction of Council’s Landscape Architect and Pre-paid Works Designer, prior to the issue of a final occupation certificate.

 

Tree Management

 

104.    The applicant shall submit a total payment of $107.25 (including GST), being to cover the cost for Council to supply and install 1 x 25 litre street tree, Callistemon viminalis (Weeping Bottlebrush), on Council’s Roscrea Avenue nature strip, spaced evenly between the existing street tree growing near the western boundary, and the proposed vehicle crossing, at the completion of all works.

 

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

 

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

 

105.    With the exception of the Dracaena draco (Dragon Tree), which is to be retained as part of this application (refer to Tree Protection measures below), approval is granted for the removal of all other existing vegetation within the site in order to accommodate the proposed works and associated landscaping as shown.

 

Tree Protection Measures

 

106.    In order to ensure retention of the Dracaena draco (Dragon Tree) located along the northern site boundary, within an existing garden bed fronting Roscrea Avenue in good health, the following measures are to be undertaken:

 

a.       All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application MUST show its retention, with the position of its trunk and full diameter of its canopy clearly shown on all drawings.

 

b.       All construction certificate plans must show that other than re-constructing the perimeter of the garden where this tree is growing, there shall be no alteration to existing soil levels or the location of any other new structures, services, detention tanks, stormwater infiltration systems or pipes within a minimum distance of 2 metres of its trunk, with the submitted hydraulic plans needing to be amended to show compliance with this requirement.

 

c.       To prevent failure of this tree should the existing low masonry wall surrounding this garden area be demolished as part of the works, new retaining walls to the same height must be re-constructed as soon as practically possible to assist with its stability.

 

d.       This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing which shall be located around the perimeter of this garden area, ie, a distance of 1.5 metres to its east and south, 1 metre to its west, and along the northern boundary, so as to completely enclose this tree for the duration of the works.

 

e.       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".

 

f.        Within the zone specified in point ‘d’ 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.

 

g.       Any roots encountered during excavations associated with re-constructing this garden area (as described in point ‘b’ above) shall be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible. Roots shall not be left exposed

 

107.    In order to also ensure retention of the Callistemon viminalis (Weeping Bottlebrush), located on Council’s Roscrea Avenue nature strip, about halfway along the length of the northern boundary, between the two existing vehicle crossings in good health, the following measures are to be undertaken:

 

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

 

b.       All construction certificate plans must show that any services, stormwater infiltration systems, pipes etc which need to be installed over public property along this frontage, must be done so along the edge of the proposed vehicle crossing, so as to minimise any damage to its root system caused by excavations.

 

c.       This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing which shall be located a minimum distance of 2 metres to both its west and east (measured off the outside edge of its trunk at ground level), as well as along the back of the kerb to its north, and the pedestrian footpath to its west, in order to completely enclose this tree 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 this street tree, 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.        Within this zone specified in point ‘c’ above, there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble.

 

g.       A refundable deposit in the form of cash, cheque or bank guarantee (with no expiry date) for an amount of $1,500.00 (no GST) shall also be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of this street tree.

 

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

 

Any contravention of Council's conditions relating to the tree at any time during the course of the works, or prior to the issue of a final occupation certificate, may result in Council claiming all or part of the lodged security in order to perform any rectification works necessary.

 

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

 

108.    All floors, external walls and ceilings depicted in the proposed strata plan must be constructed prior to the issue of a strata subdivision certificate.

 

109.    All floors, external walls and ceilings depicted in the proposed strata plan must correspond to those depicted in this development consent and future construction certificates for the building.

 

110.    Prior to endorsement of the strata plans, all facilities required under this development consent (such as parking spaces, terraces and courtyards) must be provided in accordance with the relevant requirements.

 

111.    A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the website www.sydneywater.com.au then refer to “Water Servicing Coordinator” under Developing Your Land” or telephone 13 20 92 for assistance.

 

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

 

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

 

112.    The applicant shall provide Council with the finalised survey plan of the property prior to receiving subdivision approval.

 

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

 

114.    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, in conjunction with the registration of the proposed plan of strata subdivision for this property, to ensure that the onsite detention system is maintained and that no works which could affect the design function of the detention 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 as to user and positive covenant" are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.

 

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

 

115.    A formal subdivision application is required to be submitted to and approved by the Council or an accredited certifier and all conditions of this development consent are required to be satisfied prior to the release of the subdivision plans.

 

116.    Details of critical stage inspections carried out by the principal certifying authority, together with any other certification relied upon, must be provided to Council or the accredited certifier prior to the issuing of a subdivision certificate.

 

ADVISORY MATTERS:

 

A1.     The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

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

 

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

 

A2.     The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

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

a)     Part B1                  -     Structural provisions

b)     Part C1                 -     Fire resistance and stability

c)     Part C2                 -     Compartmentation and separation

d)     Clause C3.2            -     Protection of openings in external walls

e)     Part D3                 -     Access for people with disabilities

f)      Clause D3.5            -     Car parking for people with disabilities

g)     Part E1                  -     Fire fighting equipment

h)     Part E2                  -     Smoke Hazard Management

i)      Part E3                  -     Lift Installations

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

k)     Part F1                  -     Damp and weatherproofing

l)      Part F2                  -     Sanitary and other facilities

m)     Part F3                  -     Room sizes

n)     Part F4                  -     Light and ventilation

o)     Part F5                  -     Sound Transmission and Insulation

p)     Section J               -     Energy efficiency

 

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

 

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

 

A3.     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.

 

A4.     The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

24 November 2009

 

 

 

Director City Planning Report No. CP72/09

 

 

Subject:                  5 Crana Avenue, South Coogee

Folder No:                   DA/476/2009

Author:                   Adrian McKeown, Environmental Planning Assessment Officer     

 

Proposal:                     Alterations to the existing dwelling including replacement of the existing windows and doors, deletion of the existing planter box from the first floor balcony, and refurbishment of the first floor balcony

Ward:                      East Ward

Applicant:                Garry Easton

Owner:                         Garry Easton

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 

1.    Executive Summary

 

The application has been referred to the Council for determination at the request of Councillors Seng, Nash and Andrews.

 

The Development Application seeks consent for alterations to the existing dwelling including the replacement of existing windows and doors, deletion of the existing planter box from the first floor balcony, and refurbishment of the first floor balcony.

 

It is noted that the existing 1m wide planter box was approved by Council on 12 December 1995 and that an appeal to the Land and Environment Court to reduce the width of the planter box was dismissed on 18 July 1997.

 

The application was notified to the surrounding properties and two objections were received during the notification period. Issues raised in the objections include the impact of the proposal on neighbouring properties with regard to privacy and that the Land and Environment Court upheld the requirement for the  planter box to be constructed to the approved 1m width.

 

The application is recommended for approval, subject to a condition of consent that the planter boxes must be retained in place. This condition is included with regard to visual privacy for neighbouring dwellings.

 

2.    The Proposal

 

The Development Application seeks Council consent for alterations to the existing dwelling including the replacement of existing windows and doors, deletion of the existing planter box from the first floor balcony, and refurbishment of the first floor balcony.

 

The existing windows and doors to the first floor of the dwelling are a framed timber type. The applicant submits that they are susceptible to weather damage and are to be replaced by windows and doors of a more durable and lower maintenance aluminium construction. 

 

The removal of the existing planter box to the first floor balcony and refurbishment of the first floor balcony relate to substantial water damage which is evident within the dwelling. The applicant submits that water enters the dwelling through the balcony area or planter box as a result of failed waterproofing.  It is now proposed to remove the planter box and to re-waterproof and re-tile the balcony. It is then proposed to construct a clear glass balustrade to the balcony edge. 

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the eastern side of Crana Avenue and is within the Foreshore Scenic Protection Area. The site has a frontage of 12.5m, depth of 24.4m and a site area of 305 square metres. The site falls steeply towards the rear from Crana Avenue.

 

A two storey detached brick dwelling currently exists to the site. The first floor includes a deck with ocean views towards the east and south-east. Due to the steep topography of the site, a basement level has been constructed beneath the ground floor level of the dwelling. The locality is residential in nature, consisting predominantly of detached two storey dwellings. Figure 1 (below) is an aerial photograph of the subject site.

 

Figure 1 – Aerial photograph of the subject site (top left of photograph).

 

 

Figures 2 & 3 – Existing timber framed windows and doors to be replaced with aluminium construction; and internal water damage to the dwelling.

 

 

Figures 4 & 5 – View from the existing balcony to the south. The planter box is proposed to be removed; and view towards the subject site from the neighbouring dwelling to the south (16 Pearce Street).

 

4.    Site History

 

The existing 1m wide planter box was approved by Council on 12 December 1995. Council then served an order on the then owner of the property to complete the works; as a planter box of only 580mm in width had been constructed.

 

The then owner of the property appealed to the Land and Environment Court, applying to reduce the width of the planter box to 580mm. The appeal was dismissed on 18 July 1997 with the impact on privacy being the main basis of the dismissal.

 

Historic Applications:

 

·      DA/479/1997 refused to construct a new handrail to the first floor terrace of the existing dwelling;

 

·      DA/352/1995 refused for alterations & additions;

 

·      DA/705/1994 approved for alteration and additions in the form of enclosing the sunroom and increasing the balcony with condition deleting 1.5m balcony at 1st floor level;

 

·      DA/348/1994 refused for alterations and additions to the existing dwelling;

 

·      DA/43/1990 refused to make alts & adds to the rear of the existing dwelling house;

 

·      BA/1370/1989 refused for extensions to existing dwelling;

 

·      DA/240/1988 approved to make alts & adds to existing dwelling;

 

·      BA/826/1988 withdrawn for alterations & additions; and

 

·      DA/14/1988 approved for addition of family room at rear.

 

5.    Community Consultation

 

The proposal has been notified in accordance with the DCP – Notification. Two submissions objecting to the proposal were received.

 

5.1 Objections

 

Details of objections to the proposal:

 

Issue

Comment

 

Owners of 16 Pearce Street, South Coogee

 

The existing planter box performs the function of a privacy screen, being setback from the edge of the balcony and of solid construction.

 

The existing planter box prevents some overlooking of the yards to adjoining properties and also goes some way to protecting the privacy of the subject site.

 

All neighbouring first floor balconies are setback or have privacy screens which address privacy concerns.

 

 

 

 

Agreed, the removal of the planter box would increase the privacy impact on the adjoining properties.

Owners of 24 Alexandria Parade, South Coogee

 

The planter box was the subject of an appeal to the Land and Environment Court. The Court imposed the condition in order to retain amenity to surrounding neighbours with regard to overlooking and the loss of privacy.

 

 

 

 

Agreed, the removal of the planter box would increase the privacy impact on the adjoining properties.

5.2 Support

No submissions in support of the proposal were received.

 

6.    Technical Officers Comments

 

The application was not required to be referred to technical officers within Council.

 

7.    Master Planning Requirements

 

No master planning requirements apply to the site.

 

8.    Relevant Environmental Planning Instruments

 

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

 

-      Environmental Planning and Assessment Act 1979 as amended.

-    Randwick Local Environmental Plan 1998.

-    Building Code of Australia.

 

(a)    Randwick Local Environmental Plan 1998

The site is zoned 2A Residential under Randwick Local Environmental Plan 1998.  The following clauses of RLEP 1998 have been considered during the assessment of the application:

 

Clause 10 - Zone No 2A (Residential A Zone)

The site is zoned 2A Residential under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent. 

 

The proposed changes to the existing windows and doors are considered to be consistent with the aims of RLEP 1998 and the specific objectives of the zone. On the other hand, the proposal to remove the existing planter box is considered to be inconsistent with the aims of RLEP 1998 and the specific objectives of the zone, as it would involve the redevelopment for a low density housing form where the proposed development compromises the amenity of neighbouring properties.

 

Clause 29  Foreshore Scenic Protection Area

The site is identified as being within the Foreshore Scenic Protection Area. Council’s consent is required to erect a building within the foreshore scenic protection area which exceeds 5 metres in height measured vertically from any point on ground level to the highest point of the building. Council may only grant consent to this type of development after it has considered the probable aesthetic appearance of the proposed building in relation to the foreshore. This requirement does not apply to development which, in the opinion of the Council, is of a minor nature and will not adversely affect the amenity or the character of the locality.

 

Materials which are proposed to be used to the dwelling will result in a development which is in keeping with surrounding development. The proposed changes to the existing windows and doors are in sympathy with the adjoining dwellings and clear glazing to the balustrade would not be detrimental to the visual qualities of the Foreshore Scenic Protection Area.

 


8.1 Policy Controls

a.    Dwelling Houses and Attached Dual Occupancies Development Control Plan

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Visual & Acoustic Privacy

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

 

It is proposed to replace existing timber framed windows with aluminium windows. No further impact on neighbouring dwellings with regard to privacy.

Yes

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

The east-facing balcony of the first floor of the dwelling directly overlooks the rear yards of the properties to the south. 

The proposal to delete the planter box to the balcony is considered to result in a significant loss of privacy to those neighbouring dwellings (see further discussion below in Section 10.1).

 

No.

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

Replacement of existing windows only.

Yes.

 

9.    Council Policies

No Council policies are relevant to the proposal.

 

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.

 


10.1  The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality:

 

Privacy

The applicant states in the submitted Statement of Environmental Effects that ‘there will be no change to privacy’ as a result of the proposal. This argument cannot be supported.

 

The development is considered to result in adverse impacts on neighbouring properties with regard to privacy.  The proposed alteration to the balcony includes the removal of an effective privacy screen and the installation of clear glazing to the balcony balustrade. No effort has been made to mitigate the removal of the effective privacy screen by way of including a setback or new screening. As such, the balcony would directly overlook the private open spaces and north-facing living areas on those dwellings to the south and a considerable and unreasonable loss of privacy for those adjoining dwellings would result.

 

The applicant also states in the submitted Statement of Environmental Effects that it is proposed to erect a balustrade; similar to those erected by all the neighbours at numbers 14, 16 and 18 Pearce Street as well as 3 Crana Avenue.

 

Whilst the proposed balustrade to the subject site will certainly be similar in terms of materials, there is an implication in this statement that there is already a severely compromised level of privacy to those adjoining dwellings and that privacy screening should not be a consideration. This view is not supported. Privacy screens were included to the western side of a balcony at 18 Pearce Street and the balconies to 16 Pearce Street are oriented to the east and north east in an effort to minimise privacy loss to dwellings to the west and north.

 

So whilst materials may be similar to that proposed to the subjects site, it is considered that a considerable and unreasonable loss of privacy for adjoining dwellings would result from the construction of the balcony and the removal of the existing and effective privacy screening. 

 

10.2  The suitability of the site for the development:

 

Whilst no objection is raised to the proposal to replace existing timber framed windows and doors to the dwelling, the proposal to delete the existing planter box is assessed as being unsuitable development for the site.

 

The proposed development would remove an existing privacy screen which was assessed on appeal by the Land and Environment Court as requisite in terms of minimising the overlooking by the development over adjoining properties. Approval of the proposal with deletion of the planter box would therefore result in a development with an unreasonable privacy impact on neighbouring dwellings and which is wholly unsuitable for the site.

 

10.3  The public interest.

 

Should approval be granted for the proposed deletion of the planter box, it is considered that adverse impact on surrounding properties and the locality would result. The proposed is not considered in the public interest.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

Direction 4A:     Excellence in urban design and development.

Direction 4B:      New and existing development is managed by a robust framework.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed deletion of the planter box does not comply with the objectives of the RLEP 1998 nor with objectives and performance requirements within the Dwellings and Dual Occupancies DCP. If approved, it would result in unreasonable and significant adverse impacts upon the amenity of the adjoining premises and the character of the locality. No objections are raised to the other proposed works.

 

 

Recommendation

 

That Council as the consent authority grant development consent under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application DA/476/2009 for alterations to the existing dwelling including the replacement of existing windows and doors, deletion of the existing planter box from the first floor balcony, and refurbishment of the first floor balcony for 5 Crana Avenue, South Coogee, subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered Sheet 2 of 4 through to 4 of 4, received by Council on 14 July 2009, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.       No approval is granted for the removal of the existing planter box to the first floor rear balcony. Plans must be amended to show the retention of the existing planter box to the first floor balcony prior to the issue of a construction certificate.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a.     appoint a Principal Certifying Authority for the building work; and

 

b.     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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

12.     The proposed works and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment & Climate Change (formerly EPA) and Randwick City Council policies, including:

 

·       Occupational Health and Safety Act 2000 & Regulations

·       WorkCover NSW Guidelines & Codes of Practice

·       Australian Standard 2601 (2001) – Demolition of Structures

·       The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 2005

·       Relevant DECC/EPA Guidelines

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

 

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

 

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

 

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

 

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

·       Details of hazardous materials (including asbestos)

·       Method/s of demolition (including removal of any asbestos)

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

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

·       Methods and location of disposal of any hazardous materials

·       Other relevant details, measures and requirements to be implemented

·       Date the demolition works will commence

 

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

 

If the work involves asbestos products or materials, a copy of the Demolition Work Plan must be provided to Council, not less than 2 days before commencing such works.

 

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

 

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

 

·       Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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

 

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

 

·       Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005.

 

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

 

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

 

15.     Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building, demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and Public Holidays.

 

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

 

16.     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.

        

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

 

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

 

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

 

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

 

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

·    location of site storage areas/sheds/equipment;

·    location of building materials for construction;

·    provisions for public safety;

·    dust control measures;

·    site access location and construction

·    details of methods of disposal of demolition materials;

·    protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/bulk bins;

·    details of proposed sediment and erosion control measures;

·    construction noise and vibration management;

·     construction traffic management details.

 

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

 

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

 

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

 

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

 

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

 

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

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

24 November 2009

 

 

 

Director City Planning Report No. CP73/09

 

 

Subject:                  6/878-890 Anzac Parade, Maroubra – DA/586/2009

Folder No:                   DA/586/2009

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Use and occupation of a strata-titled unit for the purpose of a brothel with trading hours of 10am – 10pm, Sunday to Wednesday, and 10am – 11pm, Thursday to Saturday. 

 

Ward:                      Central Ward

 

Applicant:                G W Hack & G D Wang

 

Owner:                         G W Hack & G D Wang

 

Summary

Recommendation:     Refusal

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject application is for use and occupation of a strata titled unit for the purpose of a brothel with trading hours of 10am – 10pm, Sunday to Wednesday, and 10am – 11pm, Thursday to Saturday.

 

The proposed brothel will be situated at Unit 6, No. 878-890 Anzac Parade, Maroubra. The subject building is located on the southern side of the intersection between Anzac Parade and Green Street. The site is located within the Maroubra Junction Town Centre with a mixture of retail, commercial and multi-unit residential developments.

 

The application has been advertised and notified from 9 to 23 September and 30 September to 28 October 2009 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of 47 submissions and 9 petitions with a total of 1025 signatures were received at the conclusion of the public consultation process. The issues raised are in relation to noise, safety and security, proximity to bus stops, places of worship and schools, interruption with business activities, traffic and parking, absence of approval from the owners’ corporation of the subject building, incompatibility with the character of the locality, property devaluation, planning precedent and ethical and moral concerns.

 

The brothel will be situated among other commercial offices and residential dwellings within the same building and sharing common circulation. It is considered that the proposed access control and management measures are inadequate for proper scrutiny of potential patrons before admission to the building. The development will adversely affect the perceived and actual safety and security of other occupants, including residents and employees, within the building. It follows that the development will indirectly impact on the operation of the existing businesses within the building. Accordingly, the proposal is not considered to satisfy the relevant objectives of the 3A General Business Zone and Maroubra Junction Town Centre stipulated in RLEP 1998.

 

The provision of a brothel among general commercial and residential uses is likely to cause noise and other disturbances from clients arriving, leaving, loitering or looking for the premises. It is also a valid concern that potential patrons may press the wrong intercom buttons during night hours.

 

There is a continuous strip of retail shops on the eastern side of Anzac Parade, between Boyce and Maroubra Roads. A main bus stop frequently utilised by school students and adolescents is located approximately 32m to the north of the site. The subject section of Anzac Parade where the principal entry to the building is located is a main pedestrian thoroughfare with a constant flow of pedestrians. As potential patrons would need to wait on the public footpath adjacent to the main doorway for admission to the brothel and the building generally, the proposed location is likely to be offensive to passers by.

 

The facilities and configuration of the proposed brothel are not considered to be suitable for their intended purpose. There are no individual sanitary facilities within each work room. The floor layout does not allow sex workers to approach hand washing and shower facilities with ease. The application is also ambiguous relating to details of storage facilities for clean and soiled linen and waste products from the operation, as well as illumination installations and provisions for health monitoring of staff.

 

The proposal fails to consider the suitability of the site for brothel use. The submitted documents do not appropriately address the adequacy of sanitary facilities and health protection for staff and clients. Due to the multiple unresolved issues associated with the proposed development, the application is considered to be unsatisfactory and is recommended for refusal.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 12 in SP 4641, Unit 6, No. 878-890 Anzac Parade, Maroubra. The site is located on the southern side of the intersection between Anzac Parade and Green Street, and has a respective frontage length of 33.8m and 33.6m. The land area of the site is 809.4m2.

 

The site is occupied by a 3-storey mixed commercial and residential building of brick and tiled roof construction, with a 2-storey more recent extension to the rear fronting Green Street. The subject premises are located on the second (top) floor level of the building. The complex consists of the following:

 

Level

Lot number

Unit number

Ground

Lot 1

Shop 1

Lot 2

Shop 2

Lot 3

Shop 3

Lot 4

Shop 4

Lot 5

Shop 5

Lot 6

Shop 6

Lot 7

Shop 7

First

Lot 8

Unit 1

Lot 9

Unit 2

Lot 10

Unit 7

Second

Lot 11

Unit 4

Lot 12

Unit 6 (subject premises)

Lot 13

Unit 8

 

The site is adjoined to the east and south by a multi-storey mixed residential and commercial development (No. 892-906 Anzac Parade and No. 5-17 Green Street) commonly known as The Maroubra Central.

 

To the north of the site on the opposite side of Green Street is a row of two-storey commercial buildings (Nos. 870-876A Anzac Parade). A multi-storey car park with apartment units on the top level (Nos. 832-832C Anzac Parade) and a residential flat building (No. 125 Boyce Road) are located further to the east.

 

To the west of the site on the opposite side of Anzac Parade is a mixed commercial and residential development complex (No. 717-747 Anzac Parade) commonly known as The Pacific Square.

 

The site forms part of the Maroubra Junction Town Centre with a mixture of retail, commercial and multi-unit residential developments.

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

 

Figure 2 The existing building on the subject site; the brothel is located on the 2nd floor of the building

Figure 3 The rear stairs accessible from Green Street

Figure 4 The adjoining 7-storey mixed residential and commercial complex to the east of the site on Green Street

Figure 5 The adjoining mixed residential and commercial development to the south of the site

 

3.      The Proposal

 

The subject application is for the use and occupation of Unit 6 for the purpose of a brothel:

 

Internal floor layout

The premises comprise the following floor space elements:

·      2 x work rooms

·      1 x waiting / work room

·      Client waiting area

·      Staff area

·      Toilet and shower amenities

·      Kitchen and laundry

 

The building works related to the internal floor layout have already been completed pursuant to Development Consent No. 778/2005.

 

Trading hours

10am to 10pm    Sunday to Wednesday

10am to 11pm    Thursday to Saturday

 

Staff number

A total of 2 sex workers and 1 manager will be employed on the site at any one time.

 

Car parking

No on-site car parking is provided.

 

4.      Site History

 

4.1    Previous development application relating to the site

On 9 November 2005, Development Consent No. 778/2005 for change of use to a remedial massage therapy centre was granted by Council under delegated authority. The consent includes the following conditions:

 

2.     The operation of the premises is to be restricted to remedial massage. The premises is not to be used for the purpose of a brothel and in this regard, no sexual services are to be offered in association with the massage usage.

 

3.     The maximum number of employees operating from the subject premises is restricted to 1, and their relevant remedial and therapeutic massage qualifications are to be provided to Council’s satisfaction. Council will keep a record of the employee and their relevant qualifications, and at no time are the employees to vary without first notifying Council.

 

4.     The hours of operation of the business are restricted to:

Monday – Friday: 10:00am – 7:00pm

Saturday – Sunday: 10:00am – 7:00pm

 

On 25 August 2009, a Section 96 application was lodged to modify Development Consent No. 778/2005. The modification is for deletion of conditions 2 and 3 relating to prohibition of sex services and restriction on the number of employees, and amendment of condition 4 to extend the trading hours. The application is currently under consideration by Council.

 

4.2    Court proceedings

 

Land and Environment Court Proceedings No. 41269 of 2006

In December 2006, Randwick City Council commenced proceedings at the Land and Environment Court of NSW to restrain the operators of the premises situated at 6/878-890 Anzac Parade, Maroubra from using the premises for the purpose of a brothel. The approved use of the premises under Development Consent No. 778/2005 is that of a remedial massage business.

 

As a result of these proceedings the Court, on 17 March 2007, by consent ordered that the operators, "by themselves, their employees, servants, agents or contractors be restrained forthwith" from using the premises as a brothel contrary to Development Consent No. 778/2005.

Local Court Prosecution Case No. 00007341/08/198

On 11 January 2008, Council issued Court Attendance Notices to the brothel operators to appear at Waverley Local Court charged with committing an offence under Section 125 (1) of the Environmental Planning and Assessment Act 1979, for using the premises as a brothel contrary to Development Consent No. 778/2005 and without the prior development consent of Council.

 

On 30 June 2008, each of the defendants was convicted of the offence and fined.

 

Land and Environment Court Proceedings No. 10258 of 2009 and No. 10796 of 2009

On 24 March 2009, Council served, pursuant to Section 121ZR of the Environmental Planning and Assessment Act 1979, a brothel closure order to the operators of the premises requiring the cessation of its use as a brothel and related sex uses.

 

As a result, the operators of the premises have appealed to the Land and Environment Court against the validity of the brothel closure order issued to them by Council.

 

This matter has been adjourned pending the determination of the current Class 1 Appeal against Council’s deemed refusal of the subject development application. The appeal application is the subject of a call-over before the Court on 25 November 2009.

 

5.      Community Consultation

 

The subject application was advertised and notified to the adjoining and nearby properties from 9 to 23 September 2009 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans.

 

The application was re-advertised and re-notified from 30 September to 28 October 2009 in order to extend the public consultation period.

 

The following submissions were received:

·      16 Abbe Receveur Place, Little Bay

·      106/737 Anzac Parade, Maroubra

·      304/747 Anzac Parade, Maroubra

·      609/747 Anzac Parade, Maroubra

·      712/747 Anzac Parade, Maroubra

·      807/747 Anzac Parade, Maroubra

·      911/747 Anzac Parade, Maroubra

·      874 Anzac Parade, Maroubra

·      1/878-890 Anzac Parade, Maroubra; 803/155 King Street, Sydney

·      2/878-890 Anzac Parade, Maroubra; 9 Bridges Street, Maroubra

·      4/878-890 Anzac Parade, Maroubra

·      7/878-890 Anzac Parade, Maroubra

·      134 Bilga Crescent, Malabar

·      3A Gale Road, Maroubra

·      A47/15 Green Street, Maroubra; 11 Oakbank Street, Newport, VIC

·      49/15 Green Street, Maroubra; PO Box 1279, Kangaroo Ground VIC

·      51/15 Green Street, Maroubra; 13 Stonehaven Avenue, Boronia VIC

·      62/15 Green Street, Maroubra

·      B2/158 Maroubra Road, Maroubra; 29 Whites Lane, Glen Waverley VIC

·      B13/158 Maroubra Road, Maroubra; 7 Mitchell Street, Five Dock

·      B19/158 Maroubra Road, Maroubra

·      B20/158 Maroubra Road, Maroubra

·      B31/158 Maroubra Road, Maroubra; 10 Kalgoorlie Street, Mosman Park WA

·      B47/158 Maroubra Road, Maroubra; 45 Nelson Road, Lilydale VIC

·      40/158 Maroubra Road, Maroubra

·      45 Mason Street, Maroubra

·      3/69 Mason Street, Maroubra

·      54/5 McKeon Street, Maroubra

·      6 Robey Street, Maroubra

·      49A Tramway Street, Rosebery

·      PO Box 2199, Carlingford

·      9 Jasmine Grove, Fulham Gardens, SA

·      Lower ground flat, 379 City Road, London EC1V 1NA, United Kingdom

·      Property manager for 1/878-890 Anzac Parade, Maroubra

·      Property manager for 892-906 Anzac Parade, Maroubra

·      Strata management agent for 5-17 Green Street, Maroubra

·      Strata management agent for 878-890 Anzac Parade, Maroubra

·      3 x local residents with undisclosed address

·      9 petitions with a total of 1025 signatories from local residents, business operators and church members (18 + 247 + 136 + 71 + 108 + 26 + 342 + 54 + 23)

·      Maroubra Central Precinct Committee, PO Box 372, Maroubra

·      Christian City Church, PO Box 91, Maroubra

·      Church of the Holy Family Maroubra, 214 Maroubra Road, Maroubra

·      Maroubra Baptist Church, 139 Garden Street, Maroubra

·      Maroubra Presbyterian Church, 8 Robey Street, Maroubra

·      Rev. Hon. Fred Nile, MLC, Parliament House, Macquarie Street, Sydney

·      Michael Daley MP, Level 5, 806 Anzac Parade, Maroubra

 

The issues raised in the submissions are addressed as follows:

Issues

Comments

The proposed brothel is inappropriately located within a Strata-titled building with residential dwellings.

 

The customers to the brothel will need to share the same common staircase with other occupants.

 

The brothel operation has introduced anti-social behaviour and vandalism to the common areas of the building, including littering, graffiti painting, vomiting, smoking, theft of fire extinguishers and open soliciting by sex workers.

 

There have been violent incidents within the premises in question.

 

The current operation of the brothel has resulted in disturbance to the residents within the building, including buzzing of intercom and door knocking in late hours. The loitering of customers in the common foyer and access corridors will also cause a nuisance to other occupants.

 

The brothel owner has allegedly kept the main security door open to facilitate access by customers.

 

The brothel has imposed a sense of insecurity to female customers who pay visits to the office premises within the building.

Agreed. It is considered inappropriate to co-locate a brothel with commercial office and residential uses within the same building. Refer to the “Environmental Assessment” section of this report for details.

No approval has been obtained from the owners’ corporation of No. 878-890 Anzac Parade to lodge the subject development application.

Council’s legal advice indicates that based on relevant case law, the consent of the owners’ corporation is not essential for the lodgement of the subject application for change of use to a brothel, in so far as it does not involve physical building works on or within the common property of the building. It is noted that the application does not seek approval for any building works.

The operation of the brothel does not comply with the conditions of Development Consent No. 778/2005, which prohibit the use of the premises for sex services.

 

The proposed brothel is substantially different in nature from the approved therapeutic massage clinic in terms of impacts on the neighbours.

 

The proposed operation hours should not be extended as proposed in the Section 96 application.