MINUTES OF Planning Committee Meeting of the Council of the City of Randwick HELD ON Tuesday, 10 November 2009 AT 6:24pm

 

Present:

 

The Mayor, Councillor J Procopiadis (West Ward)

 

North Ward                                           -  Councillors K Smith, P Tracey &

M Woodsmith

 

South Ward                                          -  Councillors R Belleli, C Matthews &

                                                             A White

 

East Ward                                            -  Councillors M Matson & B Notley-Smith

                                                              

 

West Ward                                          -  Councillors B Hughes & S Nash (Deputy Chairperson)

 

Central Ward                                        -  Councillors A Andrews (Chairperson) &

T Seng & G Stevenson (arrived 7.35pm)

 

Officers present:

 

General Manager                                             Mr R Brownlee

Director City Services                                      Mr J  Frangoples

Acting Director City Planning                             Mr R Wereszczynksi

Director Governance & Financial Services             Mr G Banting

Manager Development Assessment                     Mr K Kyriacou

Senior Administrative Coordinator                       Ms J Hartshorn

Media Officer                                                  Ms A Power

 

The meeting was adjourned at 6.25pm and was resumed at 7.16pm.

 

Apologies/Granting of Leave of Absences 

 

Apologies were received from Cr Bowen and Cr Stevenson (for late arrival).

 

RESOLVED: (Tracy/Belleli) that the apologies received from Cr Bowen and Cr Stevenson (for late arrival) be accepted and leave of absence from the meeting be granted.

 

Confirmation of the Minutes

 

Confirmation of the Minutes of the Planning Committee Meeting held on Tuesday 13 October 2009

PL82/09

RESOLUTION: (Belleli/Matson) that the Minutes of the Planning Committee Meeting held on Tuesday 13 October 2009 (copies of which were circulated to all Councillors) be and are hereby confirmed as a correct record of the proceedings of that meeting.

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

a)       Cr Smith declared a pecuniary interest in Item NR6/09 as his employer will have a potential benefit if the application is approved and he has worked at the club in question in the past.  Cr Smith did not take part in the debate or voting on the matter.

b)       Cr Andrews declared a non-significant non-pecuniary interest in Item NR6/09 as he has been a member of the club in question in the past.

b)       Cr Andrews declared a non-significant non-pecuniary interest in Item D71/09 as he knows the applicant and the objector.

c)       Cr Matson declared a non-significant non-pecuniary interest in Item D80/09 as he knows the resident who lives adjacent to the development.

d)       Cr White declared a non-significant non-pecuniary interest in Item D82/09 as the Chamber of Commerce supported the development and he knows most of the members of the Chamber.

e)       Cr Matthews declared a non-significant non-pecuniary interest in Item D71/09 as he has eaten at the café in question and the objector’s restaurant in the past.

f)         Cr Matthews declared a non-significant non-pecuniary interest in Item NR6/09 as he has been a member of the club in question in the past.

g)       Cr Woodsmith declared a non-significant non-pecuniary interest in Item NR6/09 as she has eaten at the café in question and the objector’s restaurant in the past.

h)       Cr Woodsmith declared a non-significant non-pecuniary interest in Item D71/09 as she has eaten at the club in question in the past.

i)          Cr Woodsmith declared a non-significant non-pecuniary interest in Item D74/09 as she lives in close proximity to the application.

j)         Cr Andrews declared a non-significant non-pecunniary interest in Item D70/09 as his parents live in Snape Street, Maroubra.

k)        Cr Andrews declared a non-significant non-pecuniary interest in Item D79/09 as his parents live in Snape Street, Maroubra.

l)          Cr Matthews declared a non-significant non-pecuniary interest in Item D70/09 as he knows one of the objectors and had election material printed at the objectors printing shop.

m)      Cr Stevenson declared a non-significant non-pecuniary interest in Item NR6/09 as he has been a member of the club in question in the past.

n)       Cr Stevenson declared a non-significant non-pecuniary interest in Item D79/09 as he knows one of the objectors.

 

Address of Council by Members of the Public

Prior to consideration of the Agenda by the Committee, deputations were received in respect of the following matters:

 

D71/09      1609-1611 Anzac Parade, La Perouse

 

Against               David Crane - on behalf of objector

 

For                      Meg Levy (Smyth Planning) - on behalf of applicant

 

 

Cr Stevenson arrived at the meeting – 7.35pm.


D73/09      28R Walsh Avenue, Maroubra

 

Against               Bruce Scott - Objector

 

D74/09      55 Dudley Street, Coogee

 

Against               Larry Smith - Objector

 

For                      Ben Raymond - Applicant

 

D78/09      3/1 Mulwarree Avenue, Randwick

 

Against               Jerome Plaisance - Applicant

 

D79/09      603-611 Anzac Parade, Kingsford

 

Against               Jenny Rose - on behalf of the Objectors

 

For                      Tony Rob (URBUS) - on behalf of applicant

 

D81/09      54 Mount Street, Coogee

 

Against               Luigi Galuppo - Objector

 

For                      Ahmed Khmis - Applicant

 

D82/09      495-503 Bunnerong Road, Matraville

 

For                      Michael Condoleon - on behalf of the applicant

 

The meeting was adjourned at 8.20pm and was resumed at 8.38pm.

 

Urgent Business

Nil

 

Procedural Motion

RESOLUTION: (Matson/Woodsmith) that Item NR6/09 be brought forward for immediate consideration for the benefit of the members of the public gallery

 

Development Application Reports

 

D70/09     Development Application Report - 15R Snape Street, Maroubra (DA/367/2007/A)

PL83/09

RESOLUTION: (Smith/Procopiadis) that Council, as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/367/2007/A to modify the approved development by relocating the light poles at 15R Snape Street, Maroubra (Snape Park) in the following manner:

 

A.      Amend Condition 1 as follows:

 

1.     The development must be implemented substantially in accordance with the plans numbered 5376 A-004, revision C and stamped as received by Council on 16 May 2007, the application form and supporting information received with the application including the “Lighting Technical Report” by Light Studio 21 Pty Ltd and associated photomontage. and as amended by the Section 96(2) plans 109088 Sheet 1 of 1 dated 22 June 2009 and received by Council on 5 August 2009, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

MOTION: (Smith/Procopiadis) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

D71/09     Development Application Report - 1609-1611 Anzac Parade, La Perouse (DA/76/2009)

PL84/09

RESOLUTION: (Matthews/Woodsmith) that Council as the consent authority, refuse development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to development application No. DA/76/2009 for restoration of the existing timber deck to be used as an outdoor dining area associated with the ‘Boatshed Café’, adjustment of disabled toilet layout, planting, and new signage at 1609-1611 Anzac Parade, La Perouse, for the following reasons:

 

1.       The proposal is inappropriate for the area.

 

2.       The proposal does not provide any parking and will adversely impact on the parking capacity of the locality.

 

3.       The proposal will intrude on the scenic quality of the foreshore area.

 

4.       The existing deck wharf which is now proposed for outdoor eating was originally the site of the old boat shed and was recommended by the Council in 1993-1994 to be demolished when the current building was built and the land be handed over to the public and this included the beach area.  Further in 1995, Council granted First Fleet Marine (the current lessee) a 20 year lease provided that First Fleet Marine demolished the existing building and the beach be given back to the people.

 

5.       The proposal is not in the public interest.

 

MOTION: (Matthews/Woodsmith) CARRIED – SEE RESOLUTION.

 

A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Nash

Councillor Matthews

Councillor Tracey

Councillor Woodsmith

Councillor White

Councillor Belleli

 

Councillor Notley-Smith

 

Councillor Matson

 

Councillor Stevenson

 

Councillor Seng

 

Councillor Hughes

 

Councillor Smith

 

Councillor Andrews

 

Total (11)

Total (3)

 

 

D72/09     Development Application Report - 5 Undine Street, Maroubra (DA/734/2008/A)

PL85/09

RESOLUTION: (Mayor, Cr  Procopiadis/Nash) that Council as the responsible authority grant its consent under Section 96(2) of the Environmental Planning and Assessment Act 1979 (as amended) to modify Development Consent No. DA/734/2008 for 5 Undine Street, Maroubra in the following manner:

 

A.      Amend Condition 1 as follows:

 

The development must be implemented substantially in accordance with the plans numbered YAZ–0708 Sheet A02 Issue DA-2 Revision A, YAZ–0708 Sheet A03 Issue DA-2, YAZ–0708 Sheet A04 Issue DA-2 Revision A, YAZ-0708 Sheet A05 Issue DA-2, YAZ-0708 Sheet A06 Issue DA-2, YAZ-0708 Sheet A07 Issue DA-2, YAZ-0708 Sheet A08 Issue DA-2 Revision A, YAZ-0708 Issue DA-2 Sheet A09 Issue DA-2 and YAZ-0708 Sheet A14 Issue Number DA-2, by Sanctum Design Consultants, dated 18.05.2009 and received by Council on the19th May 2009, the application form and on any supporting information received with the application, and as amended by the Section 96(2) plans: YAZ–0708 Sheet A02 Issue No. S96-1 through to YAZ–0708 Sheet A08 Issue No. S96-1, dated 31 July 2009 and received by Council on 11 August 2009, except as may be amended by the following conditions and as may be shown in red on the attached plans.

 

MOTION: (Mayor, Cr Procopiadis/Nash) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

D73/09     Development Application Report - 28R Walsh Avenue, Maroubra (DA/370/2007/A)

PL86/09

RESOLUTION: (Smith/Procopiadis) that Council as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/370/2007/A to modification of approved development including relocation of light pole positions at 28R Walsh Avenue, Maroubra in the following manner:

 

A.      Amend Condition 1 as follows:

 

1.   The development must be implemented substantially in accordance with the plans numbered 5379 A-003, revision D and stamped as received by Council on 16 May 2007, the application form and supporting information received with the application including the “Lighting Technical Report” by Light Studio 21 Pty Ltd and associated photomontage and as amended by the Section 96(2) plans C10908-3 Sheet 1 of 1 dated 15 June 2009 and received by Council on 5 August 2009, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

B.      Add new Condition 1A:

 

1A. The maximum height of the light poles must not exceed 18m.

 

MOTION: (Smith/Procopiadis) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

Cr Procopiadis left the meeting - 10.00pm.

 

 

D74/09     Development Application Report - 55 Dudley Street, Coogee (DA/364/2008)

PL87/09

RESOLUTION: (White/Seng) -

 

A.     That Council’s original determination of Development Application No. 568/2005 dated 19 December 2005 for demolition of existing buildings and construction of 4 storey mixed use development comprising 2 commercial tenancies, 2 home offices and 13 carpark spaces at ground level, 13 residential units above, and associated works at 55 Dudley Street, Coogee be rescinded.

 

B.     That Council as the responsible authority grant its development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 364/2008 for demolition of existing buildings and construction of 4 storey mixed use development comprising 2 commercial tenancies, 2 home offices and 21 basement and ground level carpark spaces, 13 residential units above, and associated works at 55 Dudley Street, Coogee subject to the following conditions:

 

Deferred Commencement Conditions

 

The consent is not to operate until the following documentation has been submitted to the satisfaction of Council’s Director, City Planning:

 

Deferred Commencement Condition D1

 

A)       A Preliminary Investigation shall be carried out in accordance with the requirements of the NSW EPA Guidelines and is to be undertaken by a suitably qualified consultant. The Preliminary Site Contamination Investigation is to identify any past or present potentially contaminating activities and must be provided to Council, in accordance with the Council’s Land Contamination Land Policy. The Preliminary Site Contamination Investigation report is to be submitted to the satisfaction of Council’s Director, City Planning.

 

B)       The report is to be prepared in accordance with Council’s Contaminated Land Policy 1999 and relevant Guidelines made or approved by the NSW Department of Environment and Conservation (formerly EPA), including the Guidelines for Consultants Reporting on Contaminated Sites and the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999.  Also, as detailed in the Planning Guidelines to SEPP 55 – Remediation of Land, the report is to assess the nature, extent and degree of contamination upon the land. 

 

C)       A written statement is to be provided to the Council from an independent DECC Site Auditor, which confirms that the Site Investigation Report and the Remediation Action Plan / Strategy satisfies the relevant legislative guidelines and requirements and that the land is able to be remediated to the required level and be suitable for the intended development and use.

              

Deferred Commencement Condition D2

 

A)       Should the report referred to above in Deferred Commencement Condition (D1) identify that the land is contaminated, a Detailed Site Investigation & Remediation Action Plan (or strategy) must be undertaken by an independent appropriately qualified environmental consultant in order to provide information on the details and extent on land and ground water contamination and the likely hood of offsite migration of any contamination from the site and details of how the site is to be remediated. 

       

B)       The reports are to be prepared generally in accordance with Council’s Contaminated Land Policy 1999 and relevant Guidelines made or approved by the NSW Department of Environment and Conservation (formerly EPA), including the Guidelines for Consultants Reporting on Contaminated Sites and the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999 and also as detailed in the Planning Guidelines to SEPP 55 – Remediation of Land.

 

The detailed site investigation report is to assess the nature, extent and degree of contamination on the land.  The detailed site contamination report must be sufficiently detailed.

 

Should the Detailed Site Investigation Report demonstrate that the land and groundwater is not contaminated, the conclusion to the report must clearly state that ‘the land is suitable for its intended land use, posing no immediate or long term risk to public health or the environment and is fit for occupation by persons, together with clear justification for the statement.  The report must demonstrate that any site contamination satisfies the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure 1999.

 

C)       A Remediation Action Plan or strategy is required to be submitted to and approved by Council prior to the commencement of this application. The Plan/Strategy must be generally in accordance with the NSW Environmental Protection Authority Guidelines for Consultants Reporting on Contaminated Sites and include procedures for the following:

 

Removal and disposal of contaminated soil,

Management and containment of contaminated soil,

Cross contamination between un-remediated land and remediated land or other land (including during remediation and construction work),

Excavation of Hydrocarbon-contaminated soil,

Procedures for unexpected finds,

On-site treatment by land farming,

Ground water remediation, monitoring and validation,

Validation sampling and analysis, proposed validation strategies, Site Audit Statement / Reports and EMP to be provided to Council.

 

Deferred Commencement condition D3

 

A written statement is to be provided to the Council by an independent NSW Department of Environment and Conservation (DEC) Accredited Site Auditor, which confirms that the Detailed Site Investigation & Remediation Action Plan (or strategy) (as required) satisfy the legislative guidelines and requirements and this deferred commencement condition and that the land is able to be remediated and/or is suitable for the intended use.

 

The detailed investigation, Remediation Action Plan (or strategy) and the written statement by the auditor shall be submitted to the Council to the satisfaction of Council’s Director, City Planning prior to this consent becoming operative. The written concurrence of Council must be obtained before the deferred commencement condition is satisfied.

 

Upon satisfaction of the deferred commencement conditions, the following conditions apply:

 

1.       The development must be implemented substantially in accordance with the plans numbered S82A-100, S82A-101, S82A-102, S82A-103, S82A-104, S82A-105, S82A-200, S82A-201, S82A-300, S82A-301, and S82A-302, all Revision D and dated 21/10/09 and received by Council on 22 October 2009,  the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

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

 

3.       There must be no encroachment of the structure/s or associated articles onto Council’s road reserve, footway, nature strip or public place.

 

4.       Any gate openings shall be constructed so that the gates, when hung, will be fitted in such a manner that they will not open over the footway or public place.

 

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

 

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

         

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

 

7.       All north-facing balconies in the proposed Units Nos. 5, 10 and 13 shall be installed with a 1.8m high privacy screen along their eastern edge to ensure the privacy of adjoining properties. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

8.       The enclosure of balconies is prohibited by this consent.

 

9.       No cooking facilities or sanitary fittings other than those indicated on the approved plans are to be installed in the premises without the prior written consent of the Council.

 

10.     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.

 

11.     Internal or external clothes drying facilities are to be provided in accordance with the provisions of the Building Code of Australia.

 

Should external clothes drying facilities be provided, the facilities must be adequately screened by vegetation and details are to be incorporated into the landscaping plans, to the satisfaction of the certifying authority.

 

12.     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.

 

13.     In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority and the Council, prior to issuing a construction certificate and an occupation certificate, respectively.

 

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

 

14.     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.

 

15.     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.

 

16.     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)

 

17.     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 have been fulfilled.

 

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

 

18.     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

Contribution

Development Cost

More than $200,000

$4,623,029.00

1.0%

$46,230.29

 

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

 

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

 

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

 

19.     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.

 

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

 

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

 

a)  Construct a heavy duty concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site in Asher Lane. The dimensions of the vehicle crossing shall be determined following consideration of turning manoeuvre swept paths.

 

b)  Remove any redundant concrete vehicular crossings and laybacks and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

 

c)  Remove the existing sandstone kerb and gutter and construct new kerb and gutter for the full site frontage in both Dudley Street and Havelock Avenue.

 

d)  Carry out a full depth, minimum 1.5 metre wide, road construction in front of the new kerb and gutter in Dudley Street and Havelock Avenue.

 

e)  Remove the existing asphalt footpath along the Dudley Street and Asher Lane and construct new footpaths along both frontages to Council’s specification.

 

f)   Reconstruct the existing kerb inlet pit in Dudley Street. It is noted that the kerb inlet pit shall be constructed in general accordance with Council’s standard drawing SD7.

 

g)  Reconstruct the existing pit in Asher Lane as a grated inlet pit, (i.e. remove the lintel given that the lintel will adversely impact on construction of the new vehicular crossing).

 

h)  Construct a new grated kerb inlet pit in Asher lane, immediately south of the existing drainage pit.

 

21.     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.

 

22.     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.

 

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

 

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

 

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

 

24.     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.

 

25.     The driveway opening at the Asher Lane site frontage must be a minimum of 5.6 metres wide at the Asher Lane site boundary. The internal driveway away from the street alignment shall be a minimum of 5 metres wide, (clear opening), with 300 millimetre wide kerbs on either side, (in general accordance with the driveway detail shown on sheet S82A 101 Rev B received on 4 September 2009). The Construction Certificate Application must demonstrate compliance with this requirement. The applicant must liaise with Council’s Development Engineer Coordinator prior to lodgement of a construction certificate application to obtain Council’s requirements for the vehicular crossing in Asher Lane.

 

26.     Prior to the lodgement of a Construction Certificate application the applicant must submit to Council for approval, and have approved, detailed turning manoeuvre diagrams showing movements into and from the development site for both left in/right in and left out/right out movements . The turning manoeuvres must be prepared based on the B85 and B99 vehicle templates in AS 2890.1-2004. The width of the vehicle crossing at the Asher Lane kerb line shall be determined following consideration of the turning manoeuvre diagrams/swept paths. The applicant must meet the full cost for any alterations to, or additional sign posting required in Asher Lane as/if required to ensure the provision of suitable vehicle entry/exit movements. 

 

27.     The vehicular access and ground level carparking (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004. The Construction Certificate Application must demonstrate compliance with this requirement.

 

28.     Prior to the issuing of a construction certificate the applicant must submit to the Certifying Authority certification from a suitably qualified traffic consultant stating that all aspects of the inter-connecting vehicular ramp, (i.e ramp linking ground floor parking level and basement carpark), are fully compliant with the relevant provisions of AS 2890.1 2004. In particular, the certification must cover the driveway gradients along the inside/critical edge and the adequacy of the entry/exit points with respect to vehicle manoeuvrability. A copy of the certification must be forwarded to Council.

 

29.     Prior to the issuing of an occupation certificate the applicant must submit to the Certifying Authority a detailed works as executed plan, (prepared by a surveyor) for the inter-connecting ramp. The works as executed plan must demonstrate that the as constructed ramp is fully compliant with the approved construction certificate plans.

 

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

 

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

 

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

 

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

 

Prior to the issuing of an occupation certificate the applicant must dedicate, at no cost to Council, the following portions of land for road widening purposes:

 

·      A strip of land approximately 1.7 metres wide along the full Havelock Avenue site frontage.

 

·      A 1.2 metre by 0.9 metre splay corner at the intersection of Havelock Avenue and Asher Lane, (this dedication is to be based on the Havelock Avenue boundary post dedication of the above referenced 1.7 metre strip of land).

 

·      A 1.0 metre by 1.0 metre splay corner at the intersection of Dudley Street and Asher Lane.

 

32.     The minimum clear distance from the existing footpath in Havelock Avenue to the underside of the proposed awning shall be 3.00 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

33.     The minimum clear distance from the existing footpath in Havelock Avenue to the underside of any proposed under awning sign shall be 2.60 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

34.     All new awnings shall be set back a minimum of 600mm from the face of kerb. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

35.     Upon completion of the construction of the awning, certification of the structural adequacy of the awning must be provided to the Council.

 

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

 

36.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level in Havelock Avenue (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage.

 

37.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level in Asher Lane (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage.

 

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

 

38.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level in Dudley Street (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage.

 

39.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level along the eastern site boundary (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing asphalt laneway along the full site frontage.

 

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

 

41.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $870.00 calculated at $44.00 (inclusive of GST) per metre of site frontage to Havelock Avenue. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

42.     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.

 

43.     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.

 

44.     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.

 

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

                                         

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

 

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

 

46.     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.

 

47.     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 relocated underground and all redundant power poles to be removed. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.

 

48.     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.

 

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

 

Protection from flooding

 

49.     All habitable areas, storage areas and openings (such as vents, windows etc), fronting or adjacent to Dudley Street shall be suitably waterproofed up to a minimum level of RL 28.80 metres AHD. The construction certificate application must demonstrate compliance with this requirement.

 

50.     All habitable areas, storage areas and openings (such as vents, windows etc), fronting or adjacent to Havelock Avenue shall be suitably waterproofed up to a minimum level of RL 28.50 metres AHD. The construction certificate application must demonstrate compliance with this requirement.

 

51.     The rear/southern portion of the shops and the area between the proposed shops shall be suitably waterproofed up to a minimum level of RL 28.80 metres AHD. The construction certificate application must demonstrate compliance with this requirement.

 

52.     The proposed internal driveway from Asher Lane must be designed with a high point at least 150 mm above determined 1 in 100 year flood level (i.e. designed with a high point a minimum of RL 28.65 metres AHD) and in such a manner as to minimize the potential for stormwater overland flow to enter the car park. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

53.     All windows, vents and other openings into the basement carpark (excluding the driveway opening) must be located at least 300 mm above the determined 1 in 100 year flood level (i.e. a minimum RL of 28.80 metres AHD).

 

54.     Prior to the issuing of a construction certificate for the proposed development the applicant’s hydraulic consultant must certify that all habitable floor levels, the entry/exit point to the ground floor carpark and any openings to the ground floor carpark are suitably protected from storm water inundation for all storms up to the critical 1 in 100 year storm event. The subject certification must make reference to the flood study and the addendum to the flood study prepared by AKY Civil Engineering, (dated 2/11/08 and received by Council 4/11/08), in particular the recommended levels for protection of openings recommended in the addendum. The certification must be submitted to the Certifying Authority and to Council.

 

55.     All structural walls on the ground floor level shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Development Manual (New South Wales Government, April 2005). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

It is noted that this requirement does not necessitate the development being flood proof/water tight up to the PMF event, rather the requirement is to ensure that the development will not be structurally damaged in manner that could endanger lives during the PMF event.

 

Internal Drainage

 

56.     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 (i.e. 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 e.g. the nature of the soil in the site and/or the presence of rock etc.

 

57.     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.

 

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

 

a.       The kerb and gutter in Havelock Avenue, fronting the development site;

 

AND/OR

 

b.       The underground drainage system located within the laneway, immediately east of the development site. The connection point shall be at the northern extent of the laneway, (or within Havelock Avenue near the intersection with the laneway).

 

AND/OR

 

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

 

59.     The internal stormwater drainage system must be suitably designed such that stormwater discharge from the consolidated site for all storms up to the 1 in 20 year ARI event does not exceed 25 litres per second. The Construction Certificate plans/application must demonstrate compliance with this requirement. The applicant must liaise with Council’s Development Engineer Coordinator regarding the design of this system prior to lodging the construction certificate.

 

NOTES:

 

Restricting site discharge to 25 litres per second for all storms up to the 1 in 20 year ARI event is likely to require the provision of a suitably designed  onsite stormwater detention system or an infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

 

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

 

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

 

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

 

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

 

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

 

64.     A reflux valve shall be provided (within the site) over any pipelines discharging from the site into Council’s underground drainage system to ensure that stormwater from Council drainage system does not surcharge back into the site stormwater system.

 

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

 

66.     Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working. The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

67.     A sediment/silt arrester pit must be provided:

 

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

 

ii.       prior to stormwater discharging into any absorption/infiltration system.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·      A sign adjacent to the pit stating:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

69.     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.

 

70.     As the above site may encounter groundwater/seepage water within the depth of the basement excavation, the basement carpark is to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Notes:

 

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

 

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

 

71.     The applicant shall meet the full cost for the creation of a drainage easement along the full extent of the eastern property boundary. The width of the drainage easement will vary between approximately 1.4 metres at the southern boundary and 1.8 metres at the northern boundary. The new drainage easement shall be created in favour of Randwick City Council and must be registered prior to the issuing of a Final Occupation Certificate for the development. The drainage easement widths and length relate to the site boundaries post dedication of the 1.7 metre wide strip of land along the Havelock Avenue frontage. 

 

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

 

Notes:

 

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

 

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

 

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

 

73.     The garbage room area for the residential waste bins must be designed so as to be able to contain a total of 14 x 240 litre bins (7 garbage bins & 7 recycle bins) whilst providing satisfactory access to these bins. An additional 2 x 240 litre bins (1 garbage bin and 1 recycle bin) must be provided for the proposed shops, (preferably in a separate area). Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

74.     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.

 

75.     The waste storage areas shall be clearly signposted.

 

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

 

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

 

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

 

77.     Landscaping at the site shall be installed substantially in accordance with the Landscape Plan by Jane Irwin Landscape Architecture, job number 080101, drawing number L01, issue A, dated 16.04.2008, subject to the following additional requirements being included 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, prior to the commencement of site works:

 

1.         Deletion of the row of four Banksia integrifolia (Coastal Banksia’s) shown for planting within the Asher Lane footpath, due to their size at maturity, the narrow width of the footpath, and a general lack of available space for their future growth in this location, with all planting to be contained wholly within the site.

 

          NOTE: While Council would support the provision of a narrow garden bed along the western boundary containing low growing, low maintenance native plants that would not encroach onto the footpath, any boundary fence or wall would need to be suitably setback.

 

2.         The provision of traditional broad canopied trees along the western boundary to afford screening and privacy between the subject site and adjoining unit block to the west, 47-53 Dudley Street, there is insufficient space in this area due to the western basement wall and upper floor balconies; and as such, a minimum number of 4 x 100 litre (pot/bag size at the time of planting) native palms which will achieve a minimum height of 7 metres at maturity shall be provided in this area, together with suitable decorative under-planting which will attain a minimum height of 1.5 metres at maturity;

 

3.         The planting schedule must include plant quantities, plant spacings where appropriate, and pot sizes at the time of planting.

 

4.         Additional details including soil and mulch details, irrigation, edging, paving, fencing, surface finishes, planter box/retaining wall details, and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

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

 

6.         Position of existing and proposed site services including water, gas, electricity, sewer, stormwater, etc.

 

7.         Sectional elevations through the site showing the existing and proposed groundlines, building elevations, and mature height of proposed planting.

 

8.         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.

 

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

 

10.       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.

 

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

 

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

 

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

 

79.     Prior to the issue of a final occupation certificate, documentary evidence is to be obtained from a qualified professional in the landscape/horticultural industry (must be a registered member of either AILA or AILDM), and shall be submitted to the PCA (as well as Council if not the PCA), which must confirm that the landscape works have been completed in accordance with the approved plans and relevant conditions of development consent.

 

Havelock Avenue Streetscape

 

80.     A refundable deposit in the form of cash or cheque for an amount of $5,000.00 shall be lodged at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development, and is to be held by Council as security against any damage to the recently refurbished public footpath in Havelock Avenue.

 

      Prior to the commencement of site works, the applicant must adequately document (site survey, photos etc) the existing pattern, style, grade and general layout of the existing paving, including any existing furniture such as the Post Box, to ensure that all elements can be reinstated exactly to their former location and condition upon completion of all works, with Council’s Landscape Architect to be contacted on 9399-0915 should advice be sought regarding this.

 

All works carried out on Council property shall be in accordance with Council’s requirements for Civil Works on public property, with the applicant to liaise with Council’s Pre-paid Works Designer on 9399-0922, regarding scheduling of work, joint inspections, supervision fees and compliance with Council’s requirements for public liability insurance.

 

The repaired/reinstated streetscape 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.

 

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), with any contravention of Council's conditions to result in Council claiming all or part of the lodged security in order to perform any rectification works necessary.

 

Street Tree Management

 

81.     As part of re-constructing the public footpath along the Dudley Street frontage (refer Civil conditions earlier in this report), the applicant must also remove and dispose of (at their own cost) the existing small Eucalyptus robusta (Swamp Mahogany), which is in poor condition due to storm damage/vandalism, with a new 1m x 1m tree square to be provided at the back of the kerb, an equal distance between the corner of Asher Lane and the existing Teltra phone booth.

 

82.     The applicant shall also submit a payment of $107.25 (including GST), being the cost for Council to supply and install 1 x 25 litre street tree, Eucalyptus robusta (Swamp Mahogany) in the tree square described above, 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 provision of the replacement street tree upon completion of all site works.

 

Tree Management

 

83.     Approval is granted for the removal of all existing vegetation within the site in order to accommodate the proposed works as shown, subject to full implementation of the approved landscape plan, and includes:

 

1.         Along the western boundary, from north to south, one Musa species (Banana Tree) and one Acacia species (Wattle), due to being too small for the provisions of Council’s Tree Preservation Order (TPO), as well as  the Morus nigra (Mulberry Tree), as this species is recognised as an environmental weed;

 

2.         Those various shrubs/small trees within the front yard, and along the front (southern) boundary, such as the Murraya and Hibiscus, as they were observed to also be too small for the TPO;

 

3.         The Jacaranda mimosifolia (Jacaranda), right in the southeast corner of the site, fronting Dudley Street, primarily due to the presence of structural defects observed with its co-dominant leaders at ground level, as well as an inability to retain this tree while still allowing the reasonable development of this site;

 

4.         Further to the north, about halfway along the length of the eastern boundary, fronting the existing public walkway, one Plumeria acutifolia (Frangipani) due to its small size, and further to its north, one large Acer negundo (Box Elder) due to its whole southern aspect being dead, as well as that this species is recognised as an environmental weed;

 

5.         Two Brachychiton acerifolius (Illawarra Flame Trees), growing through the northern aspect of the tree described above are, being one near the eastern boundary, and another larger one close to the eastern edge of the existing dwelling, in order to accommodate the proposed works as shown.

 

The following conditions are applied to maintain reasonable levels of environmental amenity and public health safety.

 

84.     If the Detailed Site Investigation Report (as requested in deferred commencement condition D2) identify that the land is contaminated and the land requires remedial works to meet the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999, the following condition applies and shall be complied with:-

 

a)  A Remediation Action Plan (RAP) is required to be prepared and be submitted to Council prior to commencing remediation works.  The RAP is also required to be reviewed by an independent NSW Department of Environment and Conservation (DEC) Accredited Site Auditor.

 

b)  The RAP is to be prepared in accordance with the relevant Guidelines made or approved by NSW Department of Environment and Conservation (DEC), including the Guidelines for Consultants Reporting on Contaminated Sites.

 

c)  This RAP is to include procedures for the following:

 

·      Excavation of Hydrocarbon-contaminated soil,

·      Validation sampling and analysis,

·      Prevention of cross contamination and migration or release of contaminants,

·      Site management planning,

·      Ground water remediation, dewatering, drainage, monitoring and validation,

·      Unexpected finds.

 

d)  Prior to commencing any remediation works, a written statement is to be provided to the Council by the Site Auditor, which confirms that the Remediation Action Plan satisfies the relevant legislative guidelines and requirements and that the land is able to be remediated to the required level and be suitable for the intended development and use.

 

e)  The applicant is to engage a NSW Department of Environment and Conservation Accredited Site Auditor, accredited under sections 49 & 50 of the Contaminated Land Management Act 1997. The Site Auditor is to assess the suitability of the site for its intended development and use.  A Site Audit Statement and Summary Site Audit Report is to be submitted to Council and must verify that the land has been remediated and the site is suitable for the intended development and satisfies the relevant criteria in the NEPM 1999.

 

Any requirements contained within any Environmental Management Plan (EMP) which forms part of the Site Audit Statement and Site Audit Report, form part of this consent and Council must be consulted with prior to the development of the EMP.

 

The Site Audit Statement must be submitted to Council, prior to the commencement of above ground works.

 

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

 

g)  The site remediation including ground water must fully comply with all relevant Commonwealth and State Legislation, Regulations and Standards.

 

h)  Any fill importation to the site is to be monitored and classified by the Site Auditor appointed for remediation of the site or a person with his qualifications. Only ‘Virgin Excavated Natural Material’ (VENM) is to be imported to the site, as defined within the NSW EPA ‘Environmental Guidelines; Assessment, Classification and management of Liquid and Non-Liquid Wastes. 1999’.

 

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

 

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

·      hazard identification and control

·      worker health & safety, work zones and decontamination procedures

·      cross contamination

·      site drainage and dewatering

·      air and water quality monitoring

·      disposable of hazardous wastes

·      contingency plans and incident reporting, and

·      details of provisions for monitoring implementation of remediation works including details of the person/consultant responsible.

 

j)   Remediation must be completed to the satisfaction of the Accredited Site Auditor and the written concurrence of Council is to be obtained prior to the issuing of the construction certificate.

 

k)  The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

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

 

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

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

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

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

·       Environment Protection Authority's Environmental Guidelines; Assessment, Classification and Management of Liquid and Non Liquid Wastes (1999).

 

86.     The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

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

 

87.     A report prepared by a suitably qualified and experienced consultant in acoustics, who is member of the Association of Australian Acoustical Consultant shall be engaged to prepare an acoustic report to be submitted to Council prior to a construction certificate being issued for the development. This report shall demonstrates that noise and vibration emissions from the development will comply with the relevant provisions of the Protection of the Environment Operations Act 1997, Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and relevant conditions of approval.

 

      The report is to include (but not be limited) to;

 

·      Noise emissions from the proposed development (Identification of all noise sources including all plant and equipment i.e. air conditioning units, mechanical ventilation etc);

·      Noise emissions from the use and operation of the development;

·      Noise emissions from the proposed common roof deck provide on both east & west wings of the building;

·      Noise emissions into the proposed development from the surrounding environment;

·      Miscellaneous operational and other noise emissions, which may result in an offensive noise, disturbance or nuisance to residents of the area;

·      Road traffic noise intrusion (in accordance with the NSW Environmental Guidelines, Environmental Criteria for Road Traffic Noise and AS 3671);

·      Interior acoustic privacy (in accordance with Council’s Development Control Plan);

·      Aircraft noise intrusion (in accordance with AS 2021)

 

The report shall also include;

 

·      Relevant recommendations and appropriate noise mitigation methods to ensure compliance with the Protection of the Environment Operations Act 1997 and relevant noise control criteria and guidelines for day time, evening and night time period;

 

·      Recommended monitoring and compliance programs/validation, to ensure compliance with relevant noise criteria.

 

Should this acoustic report identify the need for design changes to the building, the applicant must seek any relevant approvals from the Council prior to the implementation or commencement of any of these works.

 

88.     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).

 

89.     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.

 

90.     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.

 

91.     The residential units are to achieve the following internal acoustic amenity criteria:

 

a)    In naturally ventilated residential units; the repeatable maximum LAeq (1 hour) shall not exceed:

 

·       35 dB(A) between 10pm and 7am in sleeping areas when the windows are  closed;

·       45 dB(A) in sleeping areas when windows are open;

·       45 dB(A) in living areas (24 hours) when the windows are closed, and

·       55 dB(A) in living areas when the windows are open.

 

b)    In residential units provided with mechanical ventilation, air conditioning or other complying means of ventilation, when doors and windows are shut, the repeatable maximum LAeq (1 hour) shall not exceed:

 

·       38 dB(A) between 10pm and 7am in sleeping areas;

·       46 dB(A) in living areas (24 hours).

 

Details of compliance with the relevant criteria is to be included in the construction certificate application and written confirmation of compliance is to be provided to the Council and the Certifying Authority, by the Acoustic consultant, prior to the construction certificate being issued.

 

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

 

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:

 

93.     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.

 

94.     The location and facilities for the collection, storage and disposal of wastes generated within the premises shall be submitted to and approved by Council prior to the commencement of works.

 

The following conditions have been applied to ensure compliance with Local Government Legislation and Policies of Council:

 

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

 

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

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

·       Licensed premises, places of public entertainment and hotels

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

·       Premises which have a Cooling Tower or Warm Water System

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

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

 

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

 

96.     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.

 

9.   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.

 

97.     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.

 

98.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

102.    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.

 

103.    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.

 

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

 

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

 

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

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

 

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

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

·       has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $5,000.

 

Details of the principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA / notice of intention to commence building work.

 

105.    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.

 

106.    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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

110.    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  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.

 

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

 

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

 

112.    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.

 

113.    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).

 

114.    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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

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

 

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

 

Dust control measures and practices may include:

     

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

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

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

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

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

·       Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

   

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

 

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

 

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

 

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

 

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

 

124.    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.

 

125.    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.

 

126.    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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The following conditions are applied to provide access and facilities for people with disabilities:

 

128.    Access and facilities for people with disabilities must be provided to and within 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 and facilities for people with disabilities are to be included in the plans/specifications for the construction certificate.

 

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:

 

129.    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.

 

130.    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).

 

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

 

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

 

132.    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.

 

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

 

A2      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.

 

A3      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

MOTION: (Matson/Woodsmith) that Council’s original determination of Development Application No. 568/2005 dated 19 December 2005 to refuse development consent for demolition of existing buildings and construction of 4 storey mixed use development comprising 2 commercial tenancies, 2 home offices and 13 carpark spaces at ground level, 13 residential units above, and associated works at 55 Dudley Street, Coogee be confirmed.  LOST.

 

A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Hughes

Councillor Andrews

Councillor Matson

Councillor Belleli

Councillor Woodsmith

Councillor Matthews

 

Councillor Nash

 

Councillor Notley-Smith

 

Councillor Procopiadis

 

Councillor Seng

 

Councillor Smith

 

Councillor Stevenson

 

Councillor Tracey

 

Councillor White

Total (3)

Total (11)

 

MOTION: (White/Seng) CARRIED – SEE RESOLUTION.

 

A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Hughes

Councillor Belleli

Councillor Matson

Councillor Matthews

Councillor Woodsmith

Councillor Nash

 

Councillor Notley-Smith

 

Councillor Procopiadis

 

Councillor Seng

 

Councillor Smith

 

Councillor Stevenson

 

Councillor Tracey

 

Councillor White

 

Total (11)

Total (3)

 

 

D75/09     Development Application Report - 155-157 Perry Street, Matraville (DA/989/2007/A)

PL88/09

RESOLUTION: (Nash/Notley-Smith) that Council as the consent authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/989/2007/A for permission to delete condition 64 parts c & d relating to kerb and gutter reconstruction for the approved development at 155-157 Perry Street, Matraville in the following manner:

 

A       Condition 64 being amended to read;

 

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

 

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

 

e)  Remove the existing concrete footpath and construct a new footpath along the full Perry Street site frontage in accordance with Council’s Urban Design Guidelines for Matraville.

 

B       Condition 82 being retained.

 

MOTION: (Hughes/Matson) that Council as the consent authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/989/2007/A for permission to delete condition 64 parts c & d relating to kerb and gutter reconstruction for the approved development at 155-157 Perry Street, Matraville in the following manner:

 

A       Condition 64 being amended to read;

 

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

 

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

 

e)  Remove the existing concrete footpath and construct a new footpath along the full Perry Street site frontage in accordance with Council’s Urban Design Guidelines for Matraville.

 

B       Condition 82 be deleted. LOST.

 

A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Hughes

Councillor Andrews

Councillor Tracey

Councillor Belleli

Councillor Woodsmith

Councillor Matson

 

Councillor Matthews

 

Councillor Nash

 

Councillor Notley-Smith

 

Councillor Procopiadis

 

Councillor Seng

 

Councillor Smith

 

Councillor Stevenson

 

Councillor White

Total (3)

Total (11)

 

MOTION: (Nash/Notley-Smith) CARRIED - SEE RESOLUTION.

 

A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Hughes

Councillor Belleli

Councillor Tracey

Councillor Matson

Councillor Woodsmith

Councillor Matthews

 

Councillor Nash

 

Councillor Notley-Smith

 

Councillor Procopiadis

 

Councillor Seng

 

Councillor Smith

 

Councillor Stevenson

 

Councillor White

 

Total (11)

Total (3)

 

Cr White left the meeting - 10.20pm.

 

 

D76/09     Development Application Report - 85 Bream Street, Coogee (DA/344/2009)

PL89/09

RESOLUTION: (Nash/Seng) –

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 31(2) & (3), 32(2) and 33(4) of Randwick Local Environmental Plan 1998, relating to landscaped area, floor space ratio and external wall height respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly. 

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 344/2009 for alterations and additions to an approved multi-unit residential development, including increase in the level 5 floor space, relocation of living / dining areas from level 4 to level 5, provision of lift access to level 5, provision of bedrooms on level 4, adjustment to the location of balcony on level 4, and amendments to the external finishes and colour scheme, at No. 85 Bream Street, COOGEE NSW 2034, subject to the following conditions:-

 

REFERENCED PLANS:

 

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

 

Plan Number

Dated

Received

Prepared By

J10-08 A01

April 09

3 June 2009

Alec Pappas Architects

J10-08 A02

April 09

3 June 2009

J10-08 A03

April 09

3 June 2009

J10-08 A04

April 09

3 June 2009

J10-08 A05

April 09

3 June 2009

J10-08 A06

April 09

3 June 2009

J10-08 A07

April 09

3 June 2009

J10-08 A08

April 09

3 June 2009

J10-08 A09

April 09

3 June 2009

J10-08 A10

April 09

3 June 2009

J10-08 A11

April 09

3 June 2009

 

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

 

ENVIRONMENTAL AMENTITY:

 

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

 

2.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the submitted Schedule of External Finishes and Colours, Project No. J10-08, dated May 2009 and received by Council on 3 June 2009.

 

3.       This development consent shall operate in conjunction with development approval numbered DA/656/2003, granted by Council on 29 April 2004, and as modified by Section 96 approval numbered DA/656/2003/A, granted by Council on 18 October 2005.

 

4.       A fixed planter box of 900mm in width (excluding the thickness of the walling) with suitable planting is to be installed along the eastern edge of the front balcony on level 5. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation to the satisfaction of the Principal Certifying Authority.

 

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

         

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

 

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

 

7.       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.

 

8.       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.

 

9.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

13.     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.

 

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

 

15.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

20.     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.

 

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

 

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

 

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

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

 

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

 

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

·       has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $5,000.

 

Details of the principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA/notice of intention to commence building work.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·       effectively support  the excavation and building; and

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

 

Notes

 

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details and methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·           construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

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

 

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

 

Dust control measures and practices may include:

 

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

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

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

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

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

·       Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

§   Australian Standard 2601 (2001) – Demolition of Structures

§   Occupational Health and Safety Act 2000

§   Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

§   WorkCover NSW – Guidelines and Codes of Practice

§   Randwick City Council’s Asbestos Policy

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

 

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

 

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

 

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

§   Details of hazardous materials, including asbestos

§   Method/s of demolition and removal of asbestos

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

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

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

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

§   Date the demolition and removal of asbestos will commence

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

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

 

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

 

MOTION: (Nash/Seng) CARRIED – SEE RESOLUTION.

 

A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Woodsmith

Councillor Belleli

 

Councillor Hughes

 

Councillor Matson

 

Councillor Matthews

 

Councillor Nash

 

Councillor Notley-Smith

 

Councillor Procopiadis

 

Councillor Seng

 

Councillor Smith

 

Councillor Stevenson

 

Councillor Tracey

 

Councillor White

 

Total (13)

Total (1)

 

 

D77/09     Development Application Report - 27 Norton Street, Kingsford (DA/628/2009)

PL90/09

RESOLUTION: (Mayor, Cr  Procopiadis/Nash) that Council, as the consent authority, refuse development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/628/2009 for permission to Torrens Title subdivide the approved dual occupancy into two lots (SEPP 1 objection to minimum lot sizes and frontages) at 27 Norton Street, Kingsford, for the following reasons:

 

1.     The proposed development is inconsistent with objectives of the 2A zone. In particular it contravenes Clause 10(1)(c) under Randwick Local Environmental Plan 1998 in that the development discourages a mix of housing and housing affordability.

 

2.     The proposed development does not comply with Clause 30 (1) under Randwick Local Environmental Plan 1998 in that the proposed allotments are below the minimum size and frontage width standard and will be inconsistent with the existing urban character and subdivision pattern of the locality.

 

3.     The proposed development will result in a proliferation of dual occupancy development on substandard lots in the 2A Zone due to the commercial attractiveness of having separate title for the second occupancy.

 

4.     The proposed development does not comply with the minimum allotment sizes and frontages stipulated under Council’s Draft Administrative LEP and will increase densities in areas that are not accessible to public transport and services.

 

MOTION: (Mayor, Cr Procopiadis/Nash) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 


 

 

D78/09     Development Application Report - 3/1 Mulwarree Avenue, Randwick (DA/673/2009)

PL91/09

RESOLUTION: (Mayor, Cr  Procopiadis/Nash) that Council’s as the consent authority, refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application No. 673/2009 for permission to partially enclose an existing terrace to create a new study and replace the windows on the eastern elevation with sliding glass doors (SEPP 1 Objection to Floor Space ratio) at 3/1 Mulwarree Avenue, Randwick,  for the following reasons:

 

1.     The proposal exceeds the maximum floor space ratio detail in Clause 32 (2) RLEP and does not satisfy the purpose of Clause 32 as the development will result in an adverse impact on the streetscape.

 

2.     The proposed enclosure does not comply with Clause 46 of the Randwick Local Environmental Plan 1998, in that it would create additional bulk which would detract from the setting of the adjacent heritage item located at 2 Prince Street.

 

3.     The proposed development does not meet the objectives of the DCP for Multi Unit Housing which discourages piecemeal enclosure of balconies which adversely impact of the architectural character of the buildings.

 

MOTION: (Mayor, Cr Procopiadis/Nash) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

D79/09     Development Application Report - 603-611 Anzac Parade, Kingsford (DA/210/2007/A)

PL92/09

RESOLUTION: (Hughes/Woodsmith) that Council, as the consent authority, grants its consent under Section 96 of the Environmental Planning and Assessment Act 1979, as amended, to modify Development Consent No. 210/2007/A to delete Conditions 3, 4 and 67 relating to business identification and customer information signage, and to amend Conditions 9, 13, 14, 16 and 75 relating to signage illumination hours and intensity, roof materials, use of loud speaker and safety standard of fuel tank installation, at No. 603-611 Anzac Parade, Kingsford, in the following manner:

 

·      Amendment of Condition 3 to read as follows:

 

3.   The proposed “I.D.” pylon sign is to be relocated to the landscaped garden bed at the south-eastern corner of the site. In addition, the above sign shall have a maximum height of not more than 6.0m as measured from the footpath level. Details demonstrating compliance with the above requirements are to be incorporated in the Construction Certificate documentation to the satisfaction of the Principal Certifying Authority.

 

·      Amendment of Condition 4 to read as follows:

 

4.   The dimensions and configuration of the canopy fascia sign that displays “Caltex” letterings and a corporate logo are to be consistent with the approved drawings.

 

·      Amendment of Condition 9 to read as follows:

 

9.   Metal roof sheetings for the canopy and convenience store building are to be of a material and colour that will minimise reflection and to be sympathetic and compatible with the surrounding environment. 

 

·      Amendment of Condition 13 to read as follows:

 

13.  The signage illumination is to be maintained at a suitable level so that excessive light overspill or nuisance is not caused to any nearby premises. In addition, all signage illumination must be switched off outside the approved opening hours of the subject service station as stated in Condition 59 of this Consent.

 

·      Amendment of Condition 14 to read as follows:

 

14.  The general 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 adversely affect the amenity of the area.

 

  • Amendment of Condition 16 to read as follows:

 

16.  Loud speaker may only be used on the site during emergency circumstances, such as fire, motor accidents and the like occurring on or in close proximity to the site, and must not be used as part of the day-to-day operation of the service station.

 

There shall be no playing of amplified music on the site at all times.

 

·      Retention of Condition 67 in its current form. 

 

·      Amendment of Condition 75 to read as follows:

 

75.  The proposed fuel tanks must be designed, constructed and operated in accordance with relevant regulatory requirements, guidelines and standards, including: 

·    Protection of the Environment Operations Act 1997

·    Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008

·    Relevant Department of Environment and Climate Change guidelines

·    WorkCover NSW requirements and guidelines

·    Sydney Water requirements and guidelines as applicable

 

A copy of the compliance certificate and WorkCover NSW Dangerous Goods license shall be submitted to Council prior to an Occupation Certificate being issued.

 

A copy of the design documentation that demonstrates compliance with the relevant requirements outlined above shall be submitted to Council for record keeping purposes prior to the issuing of any Construction Certificate.

 

MOTION: (Hughes/Woodsmith) CARRIED UNANIMOUSLY – SEE RESOLUTION.

 

Councillor Notley-Smith left the Council Chamber at 10.27pm and was not present at the meeting during the vote on the above motion.

 

 

D80/09     Development Application Report - 4-6 Kurrawa Avenue, Coogee (DA/700/2009)

PL93/09

RESOLUTION: (Mayor, Cr  Procopiadis/Nash) -

 

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

 

B.     That Council's as the consent authority, grant development consent under         Section 80 and 80A of the Environmental Planning and Assessment Act 1979         (as amended) to Development Application No. DA/700/2009 for permission to         construct a new bathroom on the rear roof terrace level of Unit 1 at 1/4-6         Kurrawa Avenue, Coogee subject to the following conditions:

 

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

 

1.     The development must be implemented substantially in accordance with the plans numbered Sheet 3 of 4 & 4 of 4 received by Council on 28 September 2009, 2 plans numbered, dated 20 October 2009 and received by Council on 20 October 2009, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.     The colours, materials and finishes of the external surfaces to the addition are to be consistent with the existing development to maintain the integrity and amenity of the building and the surrounding locality.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

8.     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.

 

9.     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.

 

10.   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).

 

11.   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.

 

12.   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.

 

13.   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”.

 

14.   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.

 

15.   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.

 

16.   Smoke alarms are required to be installed in each Class 2 building or residential dwelling in accordance with the relevant provisions of the B.C.A.

 

Details of compliance with the provisions of the Building Code of Australia must be included in the plans/specification for the construction certificate.

 

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

 

17.   The demolition of buildings 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.

 

18.   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.

 

19.   A dilapidation report prepared by a professional engineer, building surveyor or other suitably qualified independent person must be submitted to the satisfaction of the Principal Certifying Authority prior to commencement of any demolition, excavation or building works, in the following cases:

 

•      new dwellings or additions to dwellings sited up to the property boundaries (including additions to a semi-detached dwelling),

•      excavations for new dwellings, additions to dwellings, swimming pools or the like which are proposed to be located within the zone of influence of the footings of any dwelling, associated garage or other substantial structure located upon an adjoining  premises,

•      excavations for new dwellings, additions to dwellings, swimming pools or the like which are within rock and may result in vibration and or potential damage to any dwelling, associated garage or other substantial structure located upon an adjoining  premises,

•      as otherwise required by the Principal Certifying Authority.

 

The report (including photographs) are required to detail the current condition and status of any dwelling, associated garage or other substantial structure located upon the adjoining premises, which may be affected by the subject works.  A copy of the dilapidation report is to be given to the owners of the premises encompassed in the report/s before commencing any works.

 

20.   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.

 

21.   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.

 

22.   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.

 

23.   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.

 

24.   During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to the satisfaction of Council.

 

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

 

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

 

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

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

 

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

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

·      Placement of a waste skip (greater than 3m in length) or any container or other article.

 

MOTION: (Mayor, Cr Procopiadis/Nash) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

D81/09     Development Application Report - 54 Mount Street, Coogee (DA/783/2008/A)

PL94/09

RESOLUTION: (Matson/Hughes) that Council, as the consent authority, grants its consent under Section 96 of the Environmental Planning and Assessment Act 1979, as amended, to modify Development Consent No. 783/2008/A for replacement of a 3-bedroom dwelling with a 2-bedroom unit plus a 1-bedroom unit, amendments to internal floor layout, minor repositioning of windows, changes to skylights and deletion of Condition 5 relating to the provision of obscured glazing to the first floor rear facing windows, at 54 Mount Street, Coogee, in the following manner:

 

·      Amendment of Condition 1 to make reference to the Section 96 modification plans to read as follows:

 

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

 

Plan Number

Dated

Received

Prepared By

0805 DA19A

28/01/09

30 Jan 2009

Habitat Architects

0805 DA20A

28/01/09

30 Jan 2009

0805 DA21A

28/01/09

30 Jan 2009

0805 DA22A

28/01/09

30 Jan 2009

0805 DA23A

28/01/09

30 Jan 2009

0805 DA24A

28/01/09

30 Jan 2009

0805 DA25A

28/01/09

30 Jan 2009

0805 DA26A

28/01/09

30 Jan 2009

0805 DA27A

28/01/09

30 Jan 2009

080901 L01

27.10.08

30 Oct 2008

Jane Irwin Landscape Architecture

 

the application form and any supporting information received with the application, as amended by the following Section 96 plans (Job Number 0805):

 

 

Plan Number

Dated

Received

Prepared By

CC01(A)

27/08/2009

28 August 2009

Habitat Architects

CC02(A)

27/08/2009

28 August 2009

CC03(A)

27/08/2009

28 August 2009

CC04(A)

27/08/2009

28 August 2009

CC05(A)

27/08/2009

28 August 2009

CC06(A)

27/08/2009

28 August 2009

CC07(A)

27/08/2009

28 August 2009

CC08(A)

27/08/2009

28 August 2009

CC09(A)

27/08/2009

28 August 2009

 

only in so far as they relate to the modifications detailed in the Section 96 application; except as may be amended by the following conditions, and as may be shown in red on the attached plans:

 

·      Retention of Condition 5 in its current form.

 

MOTION: (Matson/Hughes) CARRIED – SEE RESOLUTION.

 

A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Hughes

Councillor Andrews

Councillor Matson

Councillor Belleli

Councillor Nash

Councillor Matthews

Councillor Notley-Smith

Councillor Smith

Councillor Procopiadis

 

Councillor Seng

 

Councillor Stevenson

 

Councillor Tracey

 

Councillor White

 

Councillor Woodsmith

 

Total (10)

Total (4)

 

 

D82/09     Development Application Report - 495-503 Bunnerong Road, Matraville (DA/67/2009)

PL95/09

RESOLUTION: (Mayor, Cr  Procopiadis/Nash) –

 

A.       That Council support the objections under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clauses 42DA(4)(a) and 42DA(4)(b) of the Randwick Local Environmental Plan 1988, relating to number of storeys and building height, on the grounds that the proposed development is consistent with the objective of the clause and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

B.       That Council as the responsible authority grant its development consent as a “Deferred Commencement” under Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application DA/67/2009 for the demolition of the existing buildings/structures on the subject site and construction of a part 4/part 7 storey mixed use building containing a supermarket and 13 retail tenancies at ground floor level, 111 residential dwellings on floors above and 3 levels of basement parking for 288 vehicles and upgrade of the adjoining public reserve at 495-503 Bunnerong Road, Matraville, subject to the following conditions:  

 

Deferred Commencement Conditions:

 

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

 

1.       The making of a Voluntary Planning Agreement (VPA) to the satisfaction of the Council generally in accordance with the letter of offer accompanied with the DA and annexed to this development consent providing for the dedication of 1 x 1 bedroom affordable dwelling (i.e. Apartment No. A3 at first floor level) to Council.

 

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

 

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

 

4.       Additional details and privacy measures are to be provided for the following areas of the building to minimise the potential impact on the amenity of the neighbouring residents:

 

·        The eastern facing terrace of Unit B4.

·        The eastern facing terrace of Unit C3. 

·        The eastern facing balcony of Unit C8.

·        Details of the screen at first floor/podium level along the eastern boundary of the adjoining development at Nos. 505-507 Bunnerong Road. 

·        Details of the louvres and screens provided to the windows/doors/balconies of the units facing the rear of Nos. 505-507 Bunnerong Road.

 

5.       The applicant shall submit amended plans that comply with the following requirements:

 

§  An additional 8 car spaces shall be added to Basement Level 3

§  The car share space on Daunt Avenue shall be deleted.

§  Parking allocation complying with Council requirements shall be clearly shown on the amended plans.

 

Evidence required to satisfy the above conditions must be submitted to Council within 24 months of the date of this consent.

 

Development Consent Conditions

 

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

 

Referenced Plans:

 

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

 

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

 

Plan Number

Revision

Prepared by

Plot Date

Received on

01

G

OPRA Architects

12/10/09

12/10/09

02

C

07/09/09

07/09/09

03

D

07/09/09

07/09/09

04

D

12/10/09

12/10/09

05

D

07/09/09

07/09/09

06

A

07/09/09

07/09/09

07

C

07/09/09

07/09/09

08

C

07/09/09

07/09/09

09

C

07/09/09

07/09/09

10

C

07/09/09

07/09/09

11

C

07/09/09

07/09/09

12

B

07/09/09

07/09/09

13

A

07/09/09

07/09/09

14

A

07/09/09

07/09/09

A-15

D

12/01/09

07/09/09

A-16

D

12/01/09

07/09/09

A-17

D

12/01/09

07/09/09

21

-

07/09/09

07/09/09

22

A

07/09/09

07/09/09

23

-

07/09/09

07/09/09

24

-

07/09/09

07/09/09

25

-

07/09/09

07/09/09

26

1

07/09/09

07/09/09

       

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

 

2.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the details shown on Drawing No. 21 - “Colour Facades Samples and Finishes”, prepared by OPRA Architects, dated 7 September 2009 and received by Council on 7 September 2009.

 

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

         

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

 

4.       The enclosure of balconies is prohibited by this consent.

 

5.       A single common television aerial, and/or satellite dish (having a maximum diameter of 700mm and not located on the front or street elevation of the building) is to be installed to serve the development.

 

6.       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.

 

7.       In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority and the Council, prior to issuing a construction certificate and an occupation certificate, respectively.

 

8.       A ceiling fan must be installed in each bedroom of all proposed residential units within the development. Details are to be provided in the Construction Certificate documentation to the satisfaction of the Principal Certifying Authority.

 

9.       Development of the site must incorporate the recommendations of the Safer by Design Crime Risk Evaluation prepared by the NSW Police Force and received by Council on 9 April 2009.

 

10.     Apartment Nos. A3, A13, A24, A35, B1, B10 and B17 and are to be dedicated as accessible apartments and must comply with the relevant Australian Standards and the Adaptable Housing Standard. Details of compliance are to be provided in the construction certificate plans.

 

11.     A signed Lease Agreement with a recognised supermarket retailer for the supermarket must be submitted to Council prior to the issuing of the construction certificate.

 

12.     A separate Development Application and Construction Certificate or a Complying Development Certificate (as applicable) must be obtained with regard to each separate proposed usage of the retail/commercial tenancies including the supermarket prior to occupancy.

 

13.     The proposed development (except the awning over the footpath) must not encroach onto Council’s land (i.e. airspace).

 

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

 

14.     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.

 

15.     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.

 

16.     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)

 

17.     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:

 

18.     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

$33,000,000

1%

$330,000

 

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:

 

19.     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.

 

20.     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.

 

21.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

25.     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.

 

26.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·       effectively support  the excavation and building; and

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

 

Notes

 

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

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

 

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

 

Dust control measures and practices may include:

 

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

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

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

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

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

·       Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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 requ