MINUTES OF Planning Committee Meeting of the Council of the City of Randwick HELD ON Tuesday, 1 December 2009 AT 6:25pm

 

Present:

 

North Ward                                           -  Councillors K Smith, P Tracey & M Woodsmith

 

South Ward                                          -  Councillors R Belleli, C Matthews &

                                                             A White

 

East Ward                                            -  Councillors T Bowen & M Matson

                                                              

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

 

Central Ward                                        -  Councillors A Andrews (Chairperson) &

   T Seng & G Stevenson

 

Officers present:

 

General Manager                                             Mr R Brownlee

Director City Services                                      Mr J  Frangoples

Director City Planning                                       Ms S Truuvert

Director Governance & Financial Services             Mr G Banting

Manager Development Assessment                     Mr K Kyriacou

Senior Administrative Coordinator                       Ms J Hartshorn

 

Apologies/Granting of Leave of Absences 

 

Apologies were received from Crs Notley-Smith and Procopiadis.

 

RESOLVED: (Bowen/Matson) that the apologies received from Crs Notley-Smith and Procopiadis 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 10 November 2009

PL103/09

RESOLUTION: (Belleli/Matson) that the Minutes of the Planning Committee Meeting held on Tuesday 10 November 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 Woodsmith declared a non significant non pecuniary interest in Item D91/09 as she knows one of the objectors.

 

b)            Cr Hughes declared a non significant non pecuniary interest in Item D91/09 as he knows one of the objectors.

 

c)            Cr Andrews declared a non significant non pecuniary interest in Item D90/09 as he will soon be a resident in Nagle Avenue.

 

 

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:

 

D86/09      19A Boronia Street, Kensington

 

For                      Felix Antonius - Applicant

 

D91/09      87 St Marks Road, Randwick

 

For                      Nick Salerni on behalf of the applicant

 

D90/09      66 Nagle Avenue, Maroubra

 

Against               Bill Vasil - Objector

 

 

Urgent Business

 

M16/09     Miscellaneous Report - Coogee Late Night Transport (Pumpkin Bus) (F2006/00382)

PL104/09

RESOLUTION: (White/Woodsmith) that:

 

a)              Council continue to underwrite the operation of the 2 night per week pumpkin bus service for the 2009/2010 summer period until the office of Liquor and Gaming determines the outcome of the Section 136 application.

 

b)              Council officers report back on the outcome of its request to the office of liquor and gaming on the Section 136 application.

 

Development Application Reports

 

D84/09     Development Application Report - 17 Gordon Avenue, Coogee  (DA/412/2009)

PL105/09

RESOLUTION: (Nash/Belleli)

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 33(1) and 33(3) of Randwick Local Environmental Plan 1998, relating to maximum and external wall heights respectively, on the grounds that the proposed development complies with the objectives of the above clause, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 412/2009 for demolition of existing structures on site and construction of an attached dual occupancy building over 4 levels with swimming pool, retaining walls and associated landscaping, at No. 17 Gordon Avenue, Coogee, subject to the following conditions:

 

Conditions of Consent

 

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

 

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

 

Plan Number

Dated

Received

Prepared By

A01(F)

01.10.09

2 October 2009

Du Plessis + Du Plessis Architects

A02(F)

01.10.09

2 October 2009

A03(F)

01.10.09

2 October 2009

A04(F)

01.10.09

2 October 2009

A05(F)

01.10.09

2 October 2009

A06(F)

01.10.09

2 October 2009

A07(F)

01.10.09

2 October 2009

A08(F)

01.10.09

2 October 2009

A09(F)

01.10.09

2 October 2009

A10(F)

01.10.09

2 October 2009

A11(F)

01.10.09

2 October 2009

A12(F)

01.10.09

2 October 2009

A13(F)

01.10.09

2 October 2009

627 LP01 (D)

30/09/09

2 October 2009

Spirit Level Designs

 

2.       The northern aspect of the east facing balcony at 1st floor level must be installed with a 1.5m high privacy screen. Design details must be shown on the Construction Certificate plans. This condition may be waivered by the written agreement of the landowner of 15 Gordon Avenue, Coogee.

 

3.       A management plan for the identification and re-use on the site of any recoverable sandstone must be submitted to Council for approval before a Construction Certificate is issued. Sandstone must be recovered and re-used in accordance with the approved management plan.

 

4.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the submitted colour and material schedule entitled “Sample Board”, received by Council 24 June 2009.

 

5.       The proposed metal security fence above the retaining walls along the eastern (rear) boundary of the site must have a height of not more than 2000mm, as measured from the top of the retaining walls. The above fence shall retain a minimum of 60% openness to minimise visual bulk. Details demonstrating compliance shall be incorporated in the Construction Certificate documentation to the satisfaction of the Certifying Authority.

 

6.       There must be no encroachment of the structure/s onto Council’s road reserve, footway or public place, unless written permission has been obtained from the Council beforehand.

 

7.       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.

 

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 approved 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.

 

10.     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.

 

The following conditions are applied to promote occupant safety in the building:

 

11.     Operable windows to a room, corridor, stairway or the like with a floor level more than 4m above the external ground/surface level, must be designed and constructed to reduce the likelihood of a child accessing and falling through the window opening.

 

Options may include one or more of the following measures:

 

i.      The window having a minimum sill height of 1.5m above the internal floor level,

ii.     Providing a window locking device at least 1.5m above the internal floor level,

iii.     Fixing or securing the window (e.g. by screws or a window locking device) to restrict or to be able to secure the extent of the opening to a maximum width of 125mm,

iv.    Installing a fixed heavy-duty gauge metal screen over the opening (e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material), or

v.     Other appropriate effective safety measures or barrier.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Category

Cost

Applicable

Levy

S94A Levy

Development Cost

More than $200,000

$3,289,550

 

1.0%

$32,895.50

       

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

 

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

 

The following conditions are 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 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:

 

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

 

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

 

19.     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.

 

20.     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:

 

21.     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.

 

22.     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.

 

23.     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.

 

24.     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.

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

27.     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.

 

28.     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.

 

29.     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.

 

30.     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.

 

31.     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.

 

32.     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.

 

33.     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:

 

34.     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.

 

35.     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.

 

36.     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.

 

37.     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 No.19 Gordon Avenue.

 

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.

 

38.     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.

 

39.     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:

 

40.     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.

 

41.     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).

 

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.     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.

 

44.     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.

 

45.     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)     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.

 

h)     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.

 

46.     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.

 

47.     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.

 

48.     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.

 

49.     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.

 

50.     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.

 

51.     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.

 

52.     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.

 

53.     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.

 

54.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926.1 - 2007.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

Temporary pool safety fencing is to be provided pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

A ‘warning notice’ must be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

55.     Spa pools are to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

 

A ‘warning notice’ must be erected  in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

56.     Written notification must be provided to Council advising of the installation and completion of the Swimming Pool (or Spa Pool), to satisfy the requirements of the Swimming Pools Act 1992, prior to issuing an Occupation Certificate.

 

Council’s “Notification & Registration of a Swimming Pool” form must be completed and forwarded to Council prior to any Occupation Certificate being issued for the pool.

 

57.     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.

 

58.     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

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

 

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

·    before 7.00am or after 8.00pm on any other day.

 

The following conditions are applied to provide adequate provisions for the protection of Gordons Bay Reserve’s scenic quality and bushland:

 

60.     The part of Gordons Bay Reserve currently occupied by the north-eastern corner of the tennis court must be rehabilitated after completion of the boundary structures and before an Occupation Certificate can be issued.  This work will include;

 

·      grading of the land back to the property boundary at the same slope gradient existing in the reserve  immediately below the property,

·      removal of all building debris, old and new,

·      stabilising the reconstructed slope with unbroken rows of coir logs (eg Ecologs) on the contour at a maximum of 2m intervals,

·      mulching the reconstructed slope with hardwood chip mulch.

 

61.     Where those species which have been identified as occurring naturally in the reserve are proposed for use within the site, local provenance stock must be used in order to maintain genetic biodiversity, with Council's Community Nursery able to assist in this regard.

 

62.     A refundable deposit in the form of cash, credit card or cheque, for an amount of $2,500.00 (no GST), shall be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, protection of the bushland/reserve.

 

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 Natural Systems Coordinator (9399-0613).

 

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

 

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

63.     The following damage/civil works security deposit requirement is to be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to the roadway, footway, reserve, 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:

 

64.     Prior to the issuing of an occupation certificate the applicant must meet the full cost for Council or a Council approved contractor to:

 

Construct concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

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

 

Re-construct any remaining kerb and gutter across the full site frontage except opposite the vehicular access.

 

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

 

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

 

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

 

67.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level at the property boundary for driveways, access ramps and pathways or the like, must be 50mm ABOVE the top of the kerb at all points opposite the kerb, along the full site frontage.

 

68.     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. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

69.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $670 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

70.     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.

 

71.     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.

 

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

 

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

 

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

 

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

 

73.     Detailed drainage plans shall be submitted to and approved by the certifying authority prior to the issue of a construction certificate. The drainage plans shall demonstrate compliance with the conditions of this development approval.

 

74.     Any stormwater runoff which cannot be directed to the kerb and gutter at the front of the property shall be discharged to Council’s stormwater line in the coastal reserve at the rear of the site in general accordance with plans by Steve Paul & Associates , design drawing No.SW-001, SW-100 to SW-105 dated 19th June 2009 subject to following conditions.

 

75.     Any trenches to be dug within Gordon’s Bay reserve for the laying of stormwater pipes shall be hand dug to assist in the protection of vegetation within the reserve.

 

76.     Backwash and splash water from the proposed pool shall be directed to the site’s sewerage system. No discharge to the stormwater system shall be allowed. Plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

77.     All storm-water, pool water, irrigation water, etc., shall be directed into the appropriate disposal systems and not be allowed to enter Gordon’s Bay Reserve. All hard surfaces adjacent to Gordon’s Bay Reserve shall be designed to fall away from the Reserve.

 

78.     All site stormwater which is discharged from the site, must be taken through a sediment/silt arrester pit. The sediment/silt arrestor pit shall be constructed with:

 

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

 

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

 

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

 

·      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 (Mascot GMS Multi-purpose filter screen or similar).

 

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

 

·      The inlet pipeline located on the side of the pit so that the stormwater will discharge across the face of the screen.

 

·      A sign adjacent to this pit stating that:

 

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

 

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

 

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

 

79.     Landscaping at the site shall be installed substantially in accordance with the Landscape Concept Plan by Spirit Level Designs, drawing number LP01, job number 627, revision D, dated 30/09/09, subject to the following changes being made:

 

Incorporation of suitable native coastal species within the raised garden planter fronting Gordons Avenue, at the expense of the mass planted Yucca elephantipes (Yucca) in this area, with similar low growing species to be provided in front of this wall to soften its appearance to the streetscape, but most be those which will not encroach significantly onto the public footpath area;

 

Provision of a minimum of 2 x 75 litre (pot size at the time of planting) native coastal trees within the rear portion of the site, selecting those species which will attain a minimum height at maturity of between 4-7 metres, and will need to be strategically placed in order to soften the visual dominance of the proposed building on the adjoining public domain;

 

Where those species which have been recorded as occurring naturally in the reserve and are proposed for use in site landscaping, the applicant will be required to use local provenance stock in order to maintain genetic biodiversity, with Council’s Community Nursery (9399-0933) able to assist in this regard.

 

80.     The PCA must ensure that landscaping is installed in accordance with the approved plans and conditions of consent, prior to the PCA issuing a Final Occupation Certificate, with the applicant required to ensure that it is maintained in accordance with these plans.

 

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

 

Tree Removals

 

82.     Permission is granted for the removal of all vegetation within the site as part of this application, including the Howea fosteriana (Kentia Palm) within the front yard, due both to its small size as well as to accommodate the proposed works, as well as any Syagrus romanzoffianum (Cocos Palms) throughout the site, being within the front yard, as well as along the southern boundary, adjacent the tennis court, as they are an exempt species under Council’s Tree Preservation Order (TPO), but is on the basis of full implementation of the approved landscaping.

 

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

 

Tree Pruning

 

84.     Permission is granted for the selective pruning of only those lower growing, lower order branches from the northern aspects of those neighbouring trees which are located on 19 Gordon Avenue (refer Tree Protection Measures below), being primarily 3rd order laterals, where they overhang the common boundary and specifically need to be pruned in order to avoid damage to the trees; or, to provide the necessary clearances both during the course of demolition, construction and upon completion.

 

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

 

86.     In an effort to avoid damage to the trees, this pruning may be performed prior to demolition, and must only be undertaken by an Arborist who holds a minimum of AQF Level V in Arboriculture, and who is also a registered member of a nationally recognised organisation/association, with all pruning to be performed to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

 

Tree Protection Measures

 

87.     As part of this application, the applicant will be responsible for ensuing preservation of the continuous row of 13 trees growing on the adjoining property to the south, 19 Gordon Avenue, against the common boundary, comprising from west to east, 3 x Melaleuca quinquinervia (Broad Leafed Paperbarks), a Strelitzia nicholii (Giant Bird of Paradise), a Grevillea ‘Banksia’ (Grevillea), a Plumeria acutifolia (Frangipani), a Banksia integrifolia (Coastal Banksia), another Broad Leafed Paperbark, a small Cupaniopsis anacardioides (Tuckeroo), another Coastal Banksia, 2 x Casurina glauca (Swamp She Oaks) and a Broad Leafed Paperbark.

 

88.     In order to ensure this, the following measures are to be undertaken:

 

a.       All documentation submitted for the construction certificate application must show the retention of these trees, with the position and diameter of their trunks as well as the extent of their canopies to be clearly and accurately shown.

 

b.       Prior to the commencement of any physical site works on site, the PCA must ensure that an Arborist who holds a minimum of AQF Level V in Arboriculture, and is also a registered member of a nationally recognised association or organisation, is engaged to supervise, conduct and provide recommendations for ALL works adjacent to these trees, between the existing/proposed dwelling and southern site boundary, including but not limited to: demolition, excavations for footings, walls, paths, fencing, changes in level, surface treatments and similar.

 

c.       The site Arborist must ensure compliance with the conditions listed in this consent and industry best practice, with all site staff required to adhere to any instructions issued. 

 

d.       The Arborist/Architect/Builder must liaise between each other to ensure that the deep soil garden bed proposed along the southern boundary (as shown on drawing number A04, issue F, dated 01.10.2009 by Du Plessis Architects) follows the existing contours/ground levels as close as practically possible, with changes in level (cut or fill) to be restricted to 200mm where practically possible.

 

e.       The Construction Certificate plans must also show that a construction method which does not require any further works beyond the point of excavation for the southern wall of the proposed building, at the setbacks shown on the submitted lower sub-floor, sub-floor, ground level and first floor plans, must be used, with suitable details, to the satisfaction of the Certifying Authority, to be provided.  

 

f.        Any new services, pipes, stormwater systems or similar that need to be installed along the southern side setback, must be located on the northern side of the proposed garden areas along the common boundary so as to minimise root disturbance and damage to these neighbouring trees.

 

g.       In order to prevent soil/sediment being washed over the root systems of these trees following demolition of the existing common boundary wall, suitable erosion control measures shall be provided at ground level in this area, with all Site Management Plans needing to recognise the fact that material storage cannot be located adjacent these trees.

 

h.       The site Arborist is the only person permitted to prune roots, and generally, those which have a diameter of 75mm or more need to be preserved and structures designed over/around them, with lesser roots that need to be pruned to be cut cleanly by hand, and the affected are backfilled with clean site soil as soon as practically possible.

 

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/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.

 

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      Building or excavations works must not be commenced until a construction certificate has been obtained from Council's Building Certification Services or an Accredited Certifier and either Council's Building Certification Services or an Accredited Certifier has been appointed as the Principal Certifying Authority (PCA) for this development.

 

Failure to obtain a Construction Certificate and appoint a PCA before commencing works is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million under the Environmental Planning & Assessment Act 1979.

 

A4      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 or any other container or article.

 

A5    Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

A6    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: (Nash/Belleli) 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 Tracey

Councillor Belleli

Councillor Woodsmith

Councillor Bowen

 

Councillor Hughes

 

Councillor Matson

 

Councillor Matthews

 

Councillor Nash

 

Councillor Seng

 

Councillor Smith

 

Councillor Stevenson

 

Councillor White

 

Total (11)

Total (2)

 

 

D85/09     Development Application Report - 238-240 Coogee Bay Road, Coogee (DA/601/2009)

PL106/09

RESOLUTION: (Belleli/White) 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. 601/2009 for internal alterations to the existing residential Unit 3 to convert the existing lounge room into a hairdressing/beauty and massage business including under awning illuminated sign at No. 238–240 Coogee Bay Road, Coogee subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plan numbered 09.153 (Sheet No. 1 of 1), dated August 2009 and received by Council on 1 September 2009, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       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.

 

3.       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 (BCA).

 

4.       Prior to the commencement of any building or ‘fit-out’ 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 and development consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment

 

5.       Prior to the commencement of any building or ‘fit-out’ 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.

 

6.       The 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.

 

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

 

8.       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 the proposed works are suitable, the plans will be appropriately stamped by Sydney Water or their Agent.  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 is required to ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans prior to the commencement of any building works.

 

9.       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.

 

10.     Public health, safety and convenience must be maintained at all times during demolition and building works and the following requirements must be complied with at all times (as applicable):

 

a)     The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, trip hazards, 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 Building Services section.

 

d)     Public safety must be maintained at all times and public access to any demolition and building works, materials and equipment on the site is to be restricted. If necessary, a temporary safety fence or hoarding is to be provided to protect the public. Temporary site fences 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.

 

If it is proposed to locate any site fencing, hoardings or items upon any part of the footpath, nature strip or any public place, a Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services department beforehand. Details and plans are to be submitted with the application, together with payment of the weekly charge in accordance with Council’s adopted Pricing Policy.

 

e)     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.

 

The requirements and practices contained in the Protection of the Environment Operations Act 1997 and relevant DECC Construction Noise and Vibration Guidelines are to be satisfied and a Construction Noise and Vibration Management Plan is to be developed and implemented throughout the works to the satisfaction of Council.

 

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:

 

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

 

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.

 

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

 

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

 

14.     Hairdressers, Beauty salons must comply with the Local Government (Orders) Regulations 1999 and the Public Health Act & Regulations 1991, and the premises is to be registered with Council prior to occupation and on an annual basis and the approved registration/inspection fee is to be forwarded to the Council prior to occupation.

 

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

 

16.     All furniture (e.g. chairs, tables, treatment beds) shelves and fittings must be constructed of, or covered with material that is smooth, impervious to moisture and capable of being easily cleaned.

 

17.     The premises must comply with the Local Government (Orders) Regulations 2005, Public Health Act 1991 & Public Health (Skin Penetration) Regulations 2000 at all times.

 

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:

 

18.     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.

 

19.     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.

 

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

 

Monday through to Wednesday & Friday inclusive, from: 8.00am to 7.00pm;

Thursday from: 8.00am - 9.00pm; and

Saturday from: 9.00am – 4.00pm. 

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

 

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 minimum clear distance from the existing footpath in Coogee Bay Road to the underside of the proposed under-awning advertising sign, (i.e. the sign to be installed above the footpath in Coogee Bay Road), shall be 2.60 metres.

 

Waste management

 

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

 

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

 

The following conditions are applied to improve the levels of fire safety afforded to occupants and fire fighters in the event of a fire:

 

25.     Provide a tight fitting, self closing, 35mm thick solid core door to separate the new commercial component from the residential portion.

 

26.     Provide a hard wired AS 3786 compliant smoke detector in the new commercial component at 1st floor level.

 

27.     Provide a suitable portable fire extinguisher in the new commercial component at 1st floor level.

 

28.     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.

 

The Fire Safety Certificate must include 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.

 

An annual Fire Safety Statement must be submitted to the Council and the NSW Fire Brigades, each year after the date of the Fire Safety Certificate, in accordance with the Environmental Planning & Assessment Regulation 2000.

 

ADVISORY MATTERS:

 

A1      The applicant shall be advised that Council may, in the future, be implementing a new policy (under Section 611 of the Local Government Act) wherein fees may apply for advertising in public airspace.

 

         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.

 

A2      The assessment of this development application does not include an assessment of the proposed building work under the Building Code of Australia (BCA).

 

All new building work must comply with the BCA and relevant Australian Standards and details of compliance must be provided in the Construction Certificate application.

 

Notes: 

·         The standard conditions may be modified or supplemented by additional non-standard site specific conditions to address any specific environmental, amenity, construction and safety considerations associated with the proposal.

 

MOTION: (Belleli/White) 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 Bowen

 

Councillor Hughes

 

Councillor Matson

 

Councillor Matthews

 

Councillor Nash

 

Councillor Seng

 

Councillor Smith

 

Councillor Stevenson

 

Councillor Tracey

 

Councillor White

 

Total (12)

Total (1)

 

 

D86/09     Development Application Report - 19A Boronia Street, Kensington (DA/430/2009)

PL107/09

RESOLUTION: (Belleli/White) –

 

A.       That Council, as the consent authority, supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 42DA of Randwick Local Environmental Plan 1998, relating to maximum floor space ratio, minimum landscaped area, and maximum external wall and building height, on the grounds that the proposed development complies with the objectives of the above clause, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.       That Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/430/2009 for permission to demolish the existing structures and construction of 3 storey residential flat building with basement parking for 5 cars, strata sudivision and associated landscaping works (SEPP1 objection to maximum floor space ratio, minimum landscaped area, and maximum external wall and building height) at 19A Boronia Street, Kensington, subject to the following conditions:

 

REFERENCED PLANS:

 

1.       The development must be implemented substantially in accordance with the plans numbered DA04, DA05, DA06, all Issue C, and DA07, DA08, DA9, DA10, DA11, DA12, all Issue D, dated February 2003 and received by Council on 6 November 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:

 

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 must be consistent with the approved drawings and the sample board prepared by Antonius and Associates and submitted to Council with the development application on 29 June 2009.

3.       Privacy screens having a height of 1.8m are to be provided to the northern edge of the balconies to Units 2 and 3. Details of compliance are to be provided in the construction certificate plans.  The total area of any openings within the privacy screen must not exceed 25% of the area of the screen

       

Alternatively the screens may be constructed from solid obscured glazing or from louvres which are fixed at an angle to prevent direct overlooking.

 

4.       Each kitchen has a waste cupboard for separation of recycling materials, with adequate storage for one day’s waste. Details are to be included on the plans submitted with the Construction Certificate application.

 

5.       The fence on the street alignment is to be a maximum height of 1.8m and be designed so that the upper two thirds of the fence is at least 50% open, to maintain reasonable levels of amenity to the adjoining residential development and the streetscape.

 

6.       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.

 

7.       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.

 

8.       Details of the following amendments shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development:

 

·      Provision of ceiling fans in bedrooms.

·      Provision of appropriate window types to all rooms to allow for different weather conditions and give occupants a variety of ventilation options.

 

9.       The reflectivity index of external glazing for windows of the proposed development is to be no greater than 20%. Written confirmation of the reflectivity index of glazing materials is to be submitted with the Construction Certificate application.

 

(Note: The reflectivity index of glazing can be obtained from glazing manufacturers. Glass with mirrored or reflective foil finishes is unlikely to achieve compliance with this requirement.)

 

10.     The design, dimension, line-marking, sign-posting and construction of the proposed car parking spaces and access aisles shall be consistent with the provisions of Australian Standard 2890.1: Off-street car parking. Details of compliance are to be included in the Construction Certificate application.

 

11.     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.

 

12.     There must be no encroachment of the structure/s onto Council’s road reserve, footway or public place, unless written permission has been obtained from the Council beforehand.

 

13.     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.

 

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

 

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

 

16.     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.

 

17.     The finished ground levels external to the building are to be consistent with the development consent and are not to be raised (other than for the provision of paving or the like on the ground) without the written consent of Council.

 

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

 

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

 

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

 

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

 

The following condition/s are applied to meet additional demands for public facilities;

 

19.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,050,329, the following applicable monetary levy must be paid to Council: $10503.30.

 

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.

 

Parking & traffic management:

 

The following conditions are applied to provide adequate provisions for parking to the development:

 

20.     Public access to the visitor’s carparking spaces is to be maintained at all times and an intercom system is to be provided adjacent to the vehicular entrance to the carpark, together with appropriate signage providing instructions for use.

 

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

 

21.     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.

22.     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.

 

23.     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:

 

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

 

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

 

25.     All 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.

 

26.     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.

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

 

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

 

ii)       appoint a principal contractor for the building work 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.

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

30.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building 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.

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

 

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

 

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

 

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

 

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

34.     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.

 

35.     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.

 

36.     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:

 

37.     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.

 

38.     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.

 

39.     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.

 

40.     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 No’s 19 and 21-25 Boronia Street.

 

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.

 

41.     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.

 

42.     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:

 

43.     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.

 

44.     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).

 

45.     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.

 

46.     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.

 

47.     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 Coucnil, 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.

 

48.     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.

 

49.     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.

 

50.     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.

 

51.     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.

 

52.     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.

 

53.     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.

 

54.     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.

 

55.     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.

 

56.     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 security against damage to Council’s infrastructure:

 

57.     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:

 

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

 

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

 

b)  Remove the redundant concrete vehicular crossing and layback and to reinstate the area with concrete footpath, turf and integral kerb (200mm) and gutter with associated roadworks to Council's specification.

 

59.     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.

 

60.     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.

 

61.     All new walls adjacent to vehicular crossings must be lowered to a height of no higher than 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.

 

62.     The driveway opening at the Boronia Street frontage must be 3.50 metres wide and located at least 0.50 metres clear of the side property.

 

63.     The internal driveway must be a minimum 3.30m wide (clear width) at all points along the internal driveway.

 

64.     The internal driveway shall be constructed in accordance with driveway levels, grades and distances as shown on the following plans:

 

Job No 2003:531 Sheets DA03 & DA04 (Rev C) dated 05/2009 by Antonius & Assoc.

 

65.     A Works Zone is to be provided in Boronia 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.

 

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

 

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

 

Match the back of the existing footpath along the full site frontage.

 

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

 

68.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $885.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

69.     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.

 

70.     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.

 

71.     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.

 

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

                                         

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

 

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

 

73.     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.

 

74.     The applicant shall meet the full cost for the overhead power lines and telecommunication cables that span across the site frontage to be replaced with Aerial Bundled Cables. The Aerial Bundling must be to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.

 

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

 

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

 

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

76.     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.

 

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

 

1.  The kerb and gutter or drainage system at the front of the property; OR

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

 

78.     Should stormwater be discharged to Council’s street drainage system, on-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 10 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by Council.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

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

 

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

 

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

 

79.     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.

 

80.     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.

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

 

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

 

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

 

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

2.  600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10.

3.  1200mm in landscaped areas where a childproof fence is provided around the outside of the detention area

 

Notes:

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

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

 

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

 

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

 

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

 

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

 

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

 

88.     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.

 

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

 

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

2.      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.

 

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

 

1.     The location of the detention basin with finished surface levels;

2.     Finished site contours at 0.2 metre intervals;

3.     Volume of storage available in the detention areas;

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

5.     The orifice size(s) (if applicable);

6.     Details of any infiltration/absorption systems; and

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

 

91.     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.

 

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

 

Notes:

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).

 

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

 

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

 

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

 

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

 

96.     The garbage room areas will have to be designed so as to be able to contain a total of 4 x 240 litre bins (2 garbage bins & 2 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

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

 

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

 

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

 

Notes:

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

103.    Landscaping at the site shall be installed substantially in accordance with the Landscape Planting Plan by Michael Siu Landscape Architects Pty Ltd, drawing number L01/1-R14601, dated 8th September 2009, subject to the following additional requirements being shown on an amended plan, which must be submitted to, and be approved by, the Certifying Authority, prior to the issue of a Construction Certificate (with a copy to be forwarded to Council if not the Certifier), and must include:

 

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

 

2. The raised planter proposed along the length of the northern boundary must be increased in width to a minimum of 800mm, so as to accommodate more substantial planting that will assist with both screening and amenity for neighbours and future occupants alike, with the Lomandra ‘Katrinus’ currently nominated in this area to be replaced with an alternative species which will attain a similar height to that of the common boundary fencing in this area.

 

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

 

4. 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/on podium.

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

 

6. 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.

 

104.    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.

 

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

 

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

 

Street Tree Management

 

107.    At least four weeks prior to the commencement of any site works, the applicant must contact Council’s Landscape Development Officer on 9399-0613, to arrange for removal of the most southern Agonis flexuosa (Willow Myrtle) from Council’s Boronia Street nature strip, towards the southern site boundary, in order to accommodate the proposed vehicle crossing as shown.

 

108.    The applicant will be required to submit a total payment of $750.00 (including GST), to Council, being to cover the cost for:

 

1.       Removal of the existing street tree as detailed above;

 

2.       A loss of amenity fee to compensate Council, the community and the environment for the loss of this tree from public property which is only being removed in order to accommodate the proposed development; and

 

3.       Council to supply and install 1 x 25 litre Agonis flexuosa (Willow Myrtle), immediately to the north of the proposed vehicle crossing.

 

This amount 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 need to contact Council’s Landscape Development Officer to arrange for planting of the replacement street tree upon completion of all site works.

 

Tree Management

 

109.    Approval is granted for the removal of all existing vegetation within the site where necessary in order to accommodate the proposed works as shown, as all were observed to be insignificant, and too small for the provisions of Council’s Tree Preservation Order (TPO), but is subject to full implementation of the approved landscape plan.

 

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

 

Tree Protection Measures

 

111.    In order to ensure retention of the remaining Agonis flexuosa (Willow Myrtle) on Council’s Boronia Street nature strip, located centrally across the width of the site in good health, the following measures are to be undertaken:

 

1.       All documentation submitted for the construction certificate application must show its retention, with the position and diameter of both its trunk and canopy to be clearly shown on all drawings.

 

2.       Any new services, pipes, stormwater systems or similar that need to be installed over public property, must be done so along either the sites side boundaries; or, against either side of the new crossing, so as to minimise root damage.

 

3.       This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 2.0 metres to its north and south (measured off the outside edge of its trunk at ground level), matching up with the back of the kerb to its west, and the pedestrian footpath to its east, in order to completely enclose this tree for the duration of the works.

 

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

 

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

 

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

 

7.       Any roots encountered during works associated with the kerb and gutter, pedestrian footpath or front boundary fence must be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

 

8.       A refundable deposit in the form of cash, credit card or cheque for an amount of $1,200.00 (no GST) shall be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of this street tree.

 

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

 

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

 

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/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.

 

 

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.

 

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

 

        Further information and details on Council's requirements for trees on         development sites can be obtained from the recently adopted Tree Technical         Manual, which can be downloaded from Council’s website at the following link,         http://www.randwick.nsw.gov.au - Looking after our environment – Trees –         Tree Management Technical Manual; which aims to achieve consistency of         approach and compliance with appropriate standards and best practice         guidelines.

 

MOTION: (Belleli/White) 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 Bowen

 

Councillor Hughes

 

Councillor Matson

 

Councillor Matthews

 

Councillor Nash

 

Councillor Seng

 

Councillor Smith

 

Councillor Stevenson

 

Councillor Tracey

 

Councillor White

 

Total (12)

Total (1)

 

 

D87/09     Development Application Report - 60 Meeks Street, Kingsford   (DA/518/2009)

PL108/09

RESOLUTION: (Belleli/White) that:

 

A.                 Council, as the consent authority, supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 31 and Clause 32 of Randwick Local Environmental Plan 1998, relating to minimum landscaped area and maximum floor space ratio on the grounds that the proposed development complies with the objectives of the above clause, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.                  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. 518/2009 for the erection of a garden shed and covered outdoor area containing BBQ & sink at the rear at No. 60 Meeks Street, Kingsford 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 09/025-1A of 2 and 09/025-2A of 2 (as marked in red by Council Officer on 16 November 2009), dated 19 October 2009 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:

 

2.       The eastern wall of the covered outdoor area is to be setback 0.9m from the eastern property boundary for a length of 4 metres, measured from the southern extent of the structure (as marked in red by Council Officer on 16 November 2009). Plans must be amended prior to the issue of a construction certificate to reflect this requirement.

 

Note:  This condition of consent has been included to minimise the impact of the structure with regard to visual bulk and scale, as viewed from the property to the east. 

 

3.       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.

 

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

 

5.       Eaves, gutters, hoods and similar structures or attachments are required to be setback from the side and rear boundaries of the allotment a minimum distance of 100mm and details of compliance are to be included in the construction certificate details.

 

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

 

6.       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.

 

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

 

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

 

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

 

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

 

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

 

10.     The proposed garden shed/covered outdoor area is to drain to the site’s existing drainage system or directly to Council's kerb and gutter in Meek Street.  Details are to be included in the construction certificate application for the development.

 

If required, 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.

 

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

 

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

 

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

 

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

 

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

 

13.     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.

 

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, 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).

 

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

 

i)     appoint a Principal Certifying Authority 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.

 

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

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected 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.

 

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

 

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

 

18.     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.

 

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

 

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

 

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

 

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

 

·          Occupational Health and Safety Act 2000 & Regulations

·          WorkCover NSW Guidelines & Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

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

 

21.     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.

 

If required, 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.

 

If required, 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.

 

22.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

1)     If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development must, at the person’s own expense:

 

a)     protect and support the adjoining premises from possible damage from the excavation, and

b)     where necessary, underpin the adjoining premises to prevent any such damage.

 

2)     The condition referred to in subclause 1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

 

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

 

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

 

24.     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.

 

25.     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.

 

26.     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.

 

27.     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.

 

Details of the proposed sediment control measures are to be detailed in the Construction Site Management Plan which must be submitted to and approved by the Principal Certifying Authority or Council prior to the commencement of any site works. 

 

28.     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.

 

The following conditions have been applied to ensure that adequate security provisions are made for vehicular access, parking and public infrastructure:

 

29.     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. 

 

30.     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.

 

ADVISORY MATTERS:

 

A1      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.

 

A3      Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the certifying authority.

 

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

 

MOTION: (Belleli/White) 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 Bowen

 

Councillor Hughes

 

Councillor Matson

 

Councillor Matthews

 

Councillor Nash

 

Councillor Seng

 

Councillor Smith

 

Councillor Stevenson

 

Councillor Tracey

 

Councillor White

 

Total (12)

Total (1)

 

 

D88/09     Development Application Report - 484 - 486 Malabar Road, Maroubra (DA/579/2009)

PL109/09

RESOLUTION: (Belleli/White)

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standard in respect to non-compliance with Clauses 31(2) & Clause 32(2) of Randwick Local Environmental Plan 1998, relating to landscaped area and FSR 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. 579/2009 for ground level extension of the existing laundry and garage for unit 1 at No. 484-486 Malabar Road, Maroubra, 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 DA 01 & DA 02, undated and received by Council on 21 August 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 proposed building are to be compatible with the existing building and adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

3.       Metal roof sheeting is to be pre-painted (e.g. colourbond).

 

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

 

4.       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.

 

5.       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.

 

6.       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.

 

7.       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:

 

8.       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.

 

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

 

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

 

10.     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.

 

11.     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 (BCA).

 

12.     Prior to the commencement of any building works, the following requirements must be complied with:

 

a)    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.

 

A copy of the construction certificate, the approved development consent plans and 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.

 

b)    a Principal Certifying Authority (PCA) must be appointed to carry out the necessary building inspections and to issue an occupation certificate; and

 

c)    a principal contractor must be appointed for the building work, or in relation to residential building work, an owner-builder permit may be obtained in accordance with the requirements of the Home Building Act 1989, and the PCA and Council are to be notified accordingly; and

                                        

d)    the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

e)    at least two days notice must be given to the Council, in writing, prior to commencing building works.

 

13.     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).

 

14.     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”.

 

15.     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.

 

16.     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.

 

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

 

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

 

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

 

18.     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.

 

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

 

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

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

·          Details of hazardous materials (including asbestos)

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

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works will commence

 

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

 

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

 

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

 

20.     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.

 

21.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

a)     If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development must, at the person’s own expense:

i)      protect and support the adjoining premises from possible damage from the excavation, and

ii)      where necessary, underpin the adjoining premises to prevent any such damage.

 

b)     The condition referred to in subclause a) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

 

22.     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:

 

·        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,

·        new dwellings or additions to dwellings sited up to shared property boundaries (e.g. additions to a semi-detached dwelling or a terraced dwelling),

·        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 may be 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.

 

23.     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.

 

24.     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 requirements of the Protection of the Environment Operations Act 1997 and NSW DECC Guidelines must be satisfied at all times.

 

25.     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.

 

26.     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.

 

The sediment and erosion control measures are to be in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to the satisfaction of Council and details are to be provided in the Construction Site Management Plan. 

 

27.     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.

 

A3    Specific details of the location of the building/s should be provided in the         Construction Certificate to demonstrate that the proposed building work will not         encroach onto the adjoining properties, Council’s road reserve or any public         place, to the satisfaction of the certifying authority.

 

A4    This determination does not include an assessment of the proposed works         under the Building Code of Australia (BCA) and other relevant Standards.  All         new building work (including alterations and additions) must comply with the         BCA and relevant Standards and you are advised to liaise with your architect,         engineer and building consultant prior to lodgement of your construction         certificate.

 

MOTION: (Belleli/White) 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 Bowen

 

Councillor Hughes

 

Councillor Matson

 

Councillor Matthews

 

Councillor Nash

 

Councillor Seng

 

Councillor Smith

 

Councillor Stevenson

 

Councillor Tracey

 

Councillor White

 

Total (12)

Total (1)

 

 

D89/09     Development Application Report - 28 French Street, Maroubra (DA/275/2009/A)

PL110/09

RESOLUTION: (Belleli/White) 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/275/2009 for permission to alter the rear of dwelling, windows and materials for 28 French Street, Maroubra in the following manner:

 

Amend Condition 1 to read:

 

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

 

Plan Number

Dated

Received

Prepared By

0316-DA100(J)

25/06/09

26 June 2009

Alex Popov & Associates

0316-DA102(J)

25/06/09

26 June 2009

0316-DA103(J)

25/06/09

26 June 2009

0316-DA104(J)

25/06/09

26 June 2009

0316-DA105(J)

25/06/09

26 June 2009

0316-DA106(J)

25/06/09

26 June 2009

0316-DA107(J)

25/06/09

26 June 2009

0316-DA114(J)

01/07/09

26 June 2009

 

the application form and on any supporting information received with the application, as amended by the following Section 96 “A” plans:

 

Plan Number

Dated

Received

Prepared By

0316-S96100(A)

22/10/09

23 October 2009

Alex Popov & Associates

0316-S96102(B)

21/10/09

23 October 2009

0316-S96103(B)

21/10/09

23 October 2009

0316-S96104(B)

21/10/09

23 October 2009

0316-S96105(B)

21/10/09

23 October 2009

0316-S96106(B)

21/10/09

23 October 2009

0316-S96107(B)

21/10/09

23 October 2009

 

and detailed in the Section 96 “A” application only in so far as the relate to areas highlighted, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

Amend Condition 2 to read:

 

2.     The colours, materials and finishes of the external surfaces to the building are to be consistent with the submitted Finishes Board, numbered 0316-S96-120, undated, prepared by Alex Popov & Associates, and received by Council on 23 October 2009

 

MOTION: (Belleli/White) 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 Bowen

 

Councillor Hughes

 

Councillor Matson

 

Councillor Matthews

 

Councillor Nash

 

Councillor Seng

 

Councillor Smith

 

Councillor Stevenson

 

Councillor Tracey

 

Councillor White

 

Total (12)

Total (1)

 

 

D90/09     Development Application Report - 66 Nagle Avenue, Maroubra  (DA/516/2009)

PL111/09

RESOLUTION: (Belleli/White) that Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/516/2009 for the alterations and additions to the existing semi-detached dwelling at 66 Nagle Avenue, Maroubra, 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 39/09, dated 17/11/09 and received by Council on 18 November 2009, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

3.       The external materials, colours and finishes of the building are required to match, as closely as possible, the existing building.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

6.       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.

 

7.       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.

 

8.       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)

 

9.       In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an 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 an Occupation Certificate.

 

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

 

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

 

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

 

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

Adequate measures are to be undertaken to ensure that water is drained away from and not be retained in the gap/area between the northern neighbours southern wall and the proposed northern wall of the rear addition. If necessary this area must drain to an existing stormwater system.

 

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

 

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

 

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

 

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

 

13.     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.

 

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, 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).

 

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

 

i)     appoint a Principal Certifying Authority 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.

 

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

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected 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.

 

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

 

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

 

18.     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.

 

19.     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.

 

20.     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.

 

21.     Smoke alarms are required to be installed in each Class 1 building or residential dwelling in accordance with the relevant provisions of Part 3.7.2 of the B.C.A. – Housing Provisions.

 

Smoke alarms must comply with AS3786 – Smoke alarms and be connected to the consumer mains electric power supply and provided with a battery back-up.

 

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:

 

22.     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.

 

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

 

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

 

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

·          Details of hazardous materials (including asbestos)

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

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works will commence

 

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

 

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

 

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

 

24.     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.

 

25.     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.

 

26.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

1)     If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development must, at the person’s own expense:

 

a)     protect and support the adjoining premises from possible damage from the excavation, and

b)     where necessary, underpin the adjoining premises to prevent any such damage.

2)     The condition referred to in subclause 1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

27.     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.

 

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

 

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

 

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

 

Noise and vibration from any rock excavation machinery, pile drivers and all plant and equipment must be minimised, by using appropriate plant and equipment, silencers and the implementation of noise management strategies.

 

A construction noise and vibration minimisation strategy, prepared by a suitably qualified person is to be implemented throughout the works, to the satisfaction of the Council.  A copy of the strategy must be provided to the Principal Certifying Authority and Council prior to the commencement of site works.

 

30.     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.

 

31.     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.

 

32.     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.

 

Details of the proposed sediment control measures are to be detailed in the Construction Site Management Plan which must be submitted to and approved by the Principal Certifying Authority or Council prior to the commencement of any site works. 

 

33.     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.

 

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:

 

34.     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.

 

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.

 

A3    Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the certifying authority.

 

MOTION: (Belleli/White) 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 Bowen

 

Councillor Hughes

 

Councillor Matson

 

Councillor Matthews

 

Councillor Nash

 

Councillor Seng

 

Councillor Smith

 

Councillor Stevenson

 

Councillor Tracey

 

Councillor White

 

Total (12)

Total (1)

 

 

D91/09     Development Application Report - 87 St Marks Road, Randwick (DA/660/2009)

PL112/09

RESOLUTION: (Belleli/Nash)

 

A.       That Council support the objections under State Environmental Planning No. 1 (SEPP 1) in respect to non-compliance with Clause 30(1A) of the Randwick Local Environmental Plan 1988, relating to minimum site area and frontage required, 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 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/660/2009 for permission to subdivide the site into two Torrens Title lots at 87 St Marks Road, Randwick, subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plan numbered DA061, Rev C, dated 17 November 2009 and received by Council on 17 November 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.       Street numbering must be provided to the two premises in a prominent position, to the satisfaction of Council.

 

3.       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 numbers for the development. Please contact Councils Planning Research Officer on 9399 0921.

 

Subdivision Conditions

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

7.       A "restriction on the use of land” and “positive covenant" (under section 88B of the Conveyancing Act 1919) shall be placed on the title of Site B, in conjunction with the registration of the proposed plan of subdivision for this property, to ensure that any future onsite detention system is maintained and that no works which could affect the design function of the detention system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

a.  The "restriction as to user and positive covenant" are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.

 

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

 

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

 

10.     Prior to endorsement of the subdivision plans, the garage and all access facilities (including vehicle crossing) for proposed Site A shall be completed in general accordance with the approved plans and as conditioned in DA consent 367/2008.

 

MOTION: (Belleli/Nash) 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 Bowen

Councillor Seng

Councillor Matthews

Councillor Smith

Councillor Nash

Councillor Woodsmith

Councillor Stevenson

 

Councillor Tracey

 

Councillor White

 

Total (8)

Total (5)

 

 

D92/09     Development Application Report - 1/9A Carr Street, Coogee (DA/759/2009)

PL113/09

RESOLUTION: (Belleli/White)

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standard in respect to non-compliance with Clauses 31(2) & Clause 32(2) of Randwick Local Environmental Plan 1998, relating to landscaped area and FSR 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. 759/2009 for enclosure of ground floor terrace underneath balcony to create sunroom and internal alterations to existing residential unit at No. 1/19A Carr Street, 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 1-7, undated and received by Council on 20/10/2009, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

3.       The external materials, colours and finishes of the enclosed sunroom are required to match, as closely as possible, the existing building.

 

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

 

4.       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.

 

5.       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.

 

6.       Prior to the commencement of any building or fire safety 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 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

 

7.       Prior to the commencement of any building or fire safety 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.

 

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

 

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

 

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

 

The principal contractor or 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.

 

9.       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”.

 

10.     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.

 

11.     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 and must also be provided to Council with the occupation certificate.

 

12.     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.

 

13.     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.

 

14.     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.

 

15.     Demolition work and the removal, storage, handling and disposal of building materials 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 Codes of Practice and Guidelines

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

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

 

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

 

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

 

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

 

b)     A Demolition Work Plan must be developed and implemented in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

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

 

d)     Asbestos waste must be 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.

 

e)     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.

 

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

 

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

 

17.     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.

 

18.     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).

 

19.     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.

 

20.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

e)     Public access to demolition/building works, materials and equipment on the site is to be restricted and 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.

 

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

 

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

 

If it is proposed to locate any hoardings, site fencing or amenities upon any part of the footpath, nature strip or any public place, the written consent from Council’s 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.

 

f)      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.

 

g)     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.

 

h)     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, 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, container or other article.

 

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.

 

A3    Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the certifying authority.

 

A4      This determination does not include an assessment of the proposed works       under the Building Code of Australia (BCA) and other relevant Standards.  All   new building work (including alterations and additions) must comply with the       BCA and relevant Standards and you are advised to liaise with your architect,        engineer and building consultant prior to lodgement of your construction    certificate.

 

A5      The applicant is advised that the Construction Certificate plans and specification    must comply with the provisions of the Building Code of Australia (BCA).

 

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

 

a)   Part B1                  -     Structural provisions

b)   Part C1                  -     Fire resistance and stability

c)   Clause C3.2&C3.4    -     Protection of openings in external walls

 

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

 

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

 

A6      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: (Belleli/White) 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 Bowen

 

Councillor Hughes

 

Councillor Matson

 

Councillor Matthews

 

Councillor Nash

 

Councillor Seng

 

Councillor Smith

 

Councillor Stevenson

 

Councillor Tracey

 

Councillor White

 

Total (12)

Total (1)

 

Notice of Rescission Motions

Nil 

 

 

The meeting closed at 6.48pm.

 

 

The minutes of this meeting were confirmed at the Planning Committee Meeting of the Council of the City of Randwick held on Tuesday, 9 February 2010.

 

 

 

 

 

 

 

...................................................

CHAIRPERSON