Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 23 March 2010

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council

23 March 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 23 March 2010 at 6:00pm.

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

 

Apologies/Granting of Leave of Absences 

 

Confirmation of the Minutes  

Ordinary Council Meeting - 23 February 2010

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

Address of Council by Members of the Public

 

Mayoral Minutes

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

 

Urgent Business

 

Director City Planning Reports

CP14/10    22 Araluen Street, Kingsford

CP15/10    35 Napier Street, Malabar

CP16/10    315 Bunnerong Road, Maroubra

CP17/10    4 Cuzco Street, South Coogee

CP18/10    Cultural Community Grants Program March 2010 Assessment Round - Recommended Allocations

CP19/10    Draft Social Inclusion Plan

CP20/10    SEPP (Exempt and Complying Development Codes) 2008 - Local Exclusion Nomination

 

General Manager's Report

GM4/10     The 20 year Randwick City Plan

 

Director City Services Reports

Nil

 

Director Governance & Financial Services Reports

GF7/10      Investment Report - February 2010

GF8/10      Internal Reporting System - Protected Disclosures Act

GF9/10      Affixing of the Council Seal  

 

Petitions

 

Motion Pursuant to Notice

NM9/10     Motion Pursuant to Notice from Cr Belleli - Proposal for Billy Cart Race & Family Picnic Day in South Ward

NM10/10    Motion Pursuant to Notice from Cr Belleli - Proposed increased police patrol in the Little Bay & La Perouse areas

NM11/10    Motion Pursuant to Notice from Cr Matson - Adherence to the twelve (12) metre high height limit on the Coogee Bay Hotel Site

NM12/10    Motion Pursuant to Notice from Cr Matson - Support a local residents' call for a protest against the NSW Labor Government's proposal to allow logging of River Red Gums

NM13/10    Motion Pursuant to Notice from Cr Woodsmith - Anti-social behaviour restrictions at Coogee Hotels.  

 

Closed Session

CS5/10      Tender for Roads Surfacing and Line Marking (T01/10)

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

  

Notice of Rescission Motions

Nil 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council

23 March 2010

 

 

 

Director City Planning Report No. CP14/10

 

 

Subject:                  22 Araluen Street, Kingsford

Folder No:                   DA/713/2009

Author:                   Chahrazad  Rahe, Assessment Planner     

 

Proposal:                     Demolition of existing outbuilding, alterations and ground level additions to the rear of the existing semi-detached dwelling, construction of a new first floor level, a new in-ground swimming pool at rear and construction of a front fencing

 

Ward:                      West Ward

 

Applicant:                Rodney Cox & Lisa Colenso

 

Owner:                         Rodney Cox & Lisa Colenso

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application is referred to Council for determination at the request of Councillors Bowen, Tracey and White.

 

The application details demolition of the existing outbuilding, alterations and ground level additions to the rear of the existing semi-detached dwelling including rear pergola, construction of a new first floor level, a new in-ground swimming pool at rear and construction of a front fencing.

 

The application was notified from 9 to 23 October 2009 in accordance with Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans.  A total of two (2) submissions were received from the property owners at No. 24 Araluen Street, Kingsford.

 

The main issues raised in the submissions were related to loss of sunlight and cross ventilation to the north facing bedroom window and court yard area. 

 

In response to the issues raised by the objector and Council, the plans were amended to reduce the impact of the proposal upon the court yard area of No. 24 Araluen Street.  A revised Statement of Environmental Effects was also received addressing the changes made to the development and any environmental impacts in relation to the relevant DCP controls. This assessment is based on the amended plans numbered DA-02, DA-03, DA-06 & DA-07 (Issue B), dated 3/01/2010 and received by Council on 15 January 2010.

 

The site is identified as being within Zone No. 2A (Residential A Zone) under RLEP 1998 and subject to conditions, the proposal is considered to be consistent with the zoning objectives.  Also, it has been demonstrated in this report that the relevant objectives and performance requirements of the DCP for Dwelling Houses and Attached Dual Occupancies have been achieved in that the proposed development will not result in any unreasonable adverse impacts on the amenity of the adjoining dwellings and the character of the locality.

 

The application is recommended for approval subject to conditions.

 

2.    The Proposal

 

The proposal is to demolish the existing outbuilding, carryout alterations and ground level additions to the rear of the existing semi-detached dwelling to include a new laundry and storeroom addition, new kitchen, new BBQ area with timber pergola over.  The proposal also includes the construction of a new first floor level to accommodate a new living room, 2 Bedrooms and a bathroom, a new in-ground swimming pool at the rear of the property and construction of a front fencing.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the northern side of Araluen Street between Avoca Street and Paton Street in Kingsford.  The subject site is currently occupied by an existing single storey semi-detached dwelling house.  The site has a frontage width of 9.57m, a side boundary depth of 31.85m and a total site area of 301m². 

 

Neighbouring the property to the east of the subject site is the adjoining half of the subject semi-detached dwelling; adjoining the subject site to the west is a single storey semi-detached dwelling and to the rear is a two storey dwelling.

 

The surrounding area is residential in character and consists predominately of single and two storey attached and detached dwelling houses.

Photographs of the site and surrounds

1. The existing subject and directly adjoining single storey semi-detached dwelling houses.

2. The adjoining single storey semi-detached dwelling to the east of the subject site.

3. The rear yard of the subject site.

4. The rear of the subject dwelling and yard.

 

4.    Site History

 

There is no relevant Council record history related to this development application/site.

 

5.    Community Consultation

 

The owners of the adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  As a result of this notification, the following submission was received:

 

5.1 Objections

 

Objections

Author and objection

Comment

24 Araluen Street, Kingsford

 

1.  Inadequate cross ventilation and natural air flow: The courtyard of no. 24 Araluen Street is the only source of fresh air available to the north facing third bedroom window.  As a result of the reduced cross ventilation, mould may accumulate to this bedroom and there maybe adverse health implications on the users of the bedroom.

 

2.  Inadequate solar access: The majority of the courtyard will have a 6m high wall towing over it which will eliminate almost all of the afternoon sun currently enjoyed after 2pm.  The courtyard is the only source of natural light to bedroom three and the construction of the two storey addition will make this current bright room into a cold and dark space.  In winter, the afternoon sun provides natural heating to the kitchen and living areas via the glass sliding doors and this will be covered by shadow and will result in them having to use mechanical heating in the winter months in the living areas and bedroom 3.  It will also limit their use and enjoyment of the courtyard in winter.

 

3.  Reduction of quality of life due to poor design: The court yard adjoins their kitchen and living areas and is the primary open space they utilize for meals and quiet recreations such as reading. Being in their late seventies this space is far more valuable than their rear yard.  At present, they enjoy a view of trees, sky and rooftops.  The proposal will remove 70% of this valuable outlook and eliminate air flow and solar access.  The construction of a bland 6m masonry wall right on the boundary is of extremely poor design and resembles a prison exercise yard.

 

 

4.  Public interest: The proposal is not within the public interest as it will set an undesirable precedent and will send a signal to the community that it supports and tolerates concepts of poor design. Approval of this application will be an intolerable situation for the community and a dereliction of the Council’s statutory responsibility.

 

In previous submission the following concerns were raised in addition to the above:

 

5.  The height of the wall on the eastern common wall boundary and FSR and site coverage.

 

 

 

 

6.  The effects that the excavation of the pool may have on the root system of an existing tree to the rear of their site.

1.  The amount of cross ventilation and natural air flow lost as a result of the proposal is minimal in that the existing air flow is confined to the western elevation where there is an awning already restricting the majority of the airflow to the court yard area.

 

Also, the increased setbacks and reduced height of the proposal will allow for appropriate cross ventilation and light to the north facing bedroom window and court yard area. 

 

Further, the court yard area is a secondary open space; the main principal outdoor recreation space to the rear will receive good cross ventilation and natural air flow.

 

2. The increased setbacks and reduced height of the proposal will allow for appropriate sunlight to the north facing bedroom window and court yard area and will improve access to sunlight to the affected area at approximately 2pm.  Also, as stated above the courtyard area is not the principle outdoor recreation space and the main recreation area to the rear of the objector’s property will received 6 hours of natural light which is more than the preferred required amount outlined in the DCP. 

 

 

Further, it is difficult to attain direct sunlight into the north facing bedroom window and court yard to the adjoining property at No. 24 Araluen Street given that there is a polycarbonate roof over the court yard which restricts direct light into the area.  The gap between the awning and dividing brick wall only allows a small amount of light through to the court yard area and bedroom window; the loss of sunlight to this area is not substantial enough to warrant refusal of the application.

 

 

 

3.  It is not considered that the proposal will have a significant environmental impact on the objector’s courtyard area and north facing bedroom window.  As discussed above the direct sunlight and natural air flow is already restricted by the existing awning over the court yard area and dividing brick wall.  The gap between the awning and brick wall only allows a small amount of direct sunlight and air flow.  Further, additions maybe built along the alignment of the common wall to a semi-detached dwelling where it is demonstrated that the performance requirements are met relating to neighbour’s privacy and access to light, air and views.  It is considered that the objectives and performance requirements of the DCP are satisfied. 

 

The view loss discussed is not a valuable, substantial or iconic view to warrant refusal of the application and the view discussed can be seen to the rear yard of the site.

 

 

4.  As discussed above, the design is considered to be satisfactory and satisfies Council’s relevant objectives and performance requirements of the DCP for dwelling Houses and Attached Dual Occupancies.  It is not considered that there would be any significant enough adverse environmental impacts to the neighbouring dwellings or streetscape to warrant refusal of the application or for it not to be in the public interest. 

 

 

 

 

 

 

 

 

 

5.  The height of the wall and its siting on the common wall boundary as discussed above satisfied the objectives and performance requirements of the DCP.  The FSR complies with the preferred solution requirements and is consistent with the form and bulk of other first floor level additions in the streetscape.

 

6.  The application was referred to Council Development Engineers and conditions were included by the landscape officer to ensure the neighbour’s tree is protected.

 

24 Araluen Street, Kingsford

 

1.  Concerned about the featureless plain brick wall on their western property boundary as it is excessive in height and scale and would severely restrict ventilation flow across the properties.

 

Also, the current court yard in No. 22 Araluen Street should be maintained and if a 6m wall is required, the western side of the wall should be setback approximately 3m from the boundary.

 

2.  Majority of the proposed roof and eaves is well above the existing roof heights of adjoining properties and it will affect the appearance of the existing residences when viewed from the street.

 

3.  The plans show no detail in regard to the footings for the wall and the statement does not discuss the construction and maintenance of the wall.  Does not want any part of the building to encroach onto No. 24 Araluen Street.

 

 

1.  Amended plans have been received subsequent to this objection being received.  The amended plans increase the rear setback of the kitchen and reduce the height of part of the common boundary wall. This will reduce the impact on the objector’s property; and will allow for some ventilation and light to the court yard area and north facing bedroom window.

 

 

 

 

 

 

 

 

 

2.  It is not considered that the proposal will have a significant environmental impact on the objector’s and the relevant objectives and performance requirements of the DCP are satisfied.

 

 

 

 

3.  The first floor addition is located behind the main existing roof form and is considered to respect the symmetry of the adjoining semi-detached dwelling.

 

In relation to the footing details this is generally addressed in the construction certificate stage and a condition has been included requiring the applicant/owner to demonstrate that the proposed building work will not encroach onto the adjoining properties.

 

In relation to maintenance of the wall, face brick does not require any maintenance.

 

Note: The front fence was not notified to the adjoining properties. Given that a condition of consent is included lowing the fence height to 1.2m and that the fence will not have any unreasonable adverse impacts on the adjoining properties or streetscape, it was not considered necessary to notify the details of the proposed front fence.

 

5.2 Support

There are no supporting letters attached with this application.

 

6.    Technical Officers Comments

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

Development Engineers

An application has been received for alterations and additions at the above site.

 

This report is based on the following plans and documentation:

·      Dwg No DA01-31 Rev A dated 31.08.2009;

 

Landscape Comments

The recently planted Eucalyptus species (Gum Tree) on Council’s Araluen Street nature strip, just to the east of the existing vehicle crossing, should remain unaffected given that the only works in close proximity will comprise a new timber batten fence, with only minimal conditions required to ensure its preservation in the streetscape, with the same applying to the Photinia glabra (Photinia) in the front yard, in the southeast corner of the site, which should be retained as an existing site feature as has been shown, as this will maintain a landscape ‘presence’ to the streetscape.

 

In the rear yard, growing right on the rear (northern) boundary, centrally across the width of the site, there is a 7 metre tall Cupressus sempervirens (Italian Cypress), which is in poor health and condition, and could be removed irrespective of this application, with the relevant consent included in this report.

 

Despite not being shown on any of the submitted plans or site survey (which makes assessment difficult), beyond the northeast corner of the subject site, in the rear yard of the adjoining property to the east, 24 Araluen Street, there is an established Liquidambar styraciflua (Liquidambar) of approximately 10-12 metres in height, which is covered by the provisions of Council’s Tree Preservation Order (TPO).

 

While its crown is heavily biased to the north and northeast due to a combination of wind exposure and past pruning by the neighbour away from areas of private open space and dwellings (refer TA/364/2009), its canopy still extends partially into the subject site, but more substantially so into those properties to the north, being 19 & 21 Ainslie Street.

 

The plans show that the existing free-standing shed and concrete surfacing around the northeast corner of the site will be demolished, and as these structures create an impervious surface, may have restricted or even prevented the growth of roots into this area, with excavations associated with the northeast corner of the proposed in-ground pool in this same area, on the compression side of its root plate, identified as posing the greatest threat to this tree.

 

The pool is shown as finishing a distance of 1100mm off the northern boundary, and 900mm off the eastern boundary, with the deep end (1800mm) orientated towards the northern end of the pool, closest to the tree, and as the trunk is around 1.5 metres off the common boundary, an overall setback of around 2.5 metres or more could be achieved between the trunk and excavations at their closest point.

 

This species has a particularly invasive and aggressive root system which has the capacity to damage structures such as walls, footings, paths etc, with the incursion restricted to the western side of its root system only, and would amount to about 10-15% of its entire root plate, which this tree could sustain.

 

It should be noted that if this tree was growing within the subject site, approval would be granted for its removal due to its poor form and root system as described above, with the considerable leaf litter it creates during the winter months due to being a deciduous species to pose ongoing maintenance issues for the owners; however, this is irrelevant in this case as it is located on a neighbouring property, with the legal responsibility being to ensure it is not adversely affected.

 

As discussed, the existing structures may have restricted root growth into the area of the proposed works, with the pure sandy soil type also allowing roots to grow deeper into the soil profile than normal, away from potential damage, with the following measures to assist in minimising any effects even further:

 

§ All initial excavations for the northeast corner of the pool must be performed by hand, with any roots encountered to be cut cleanly by hand, rather than by machinery, that would cause the indiscriminate damage of roots;

 

§ A construction method which does not require any further excavations, shoring or any other associated works beyond the 900mm & 1100mm setback as shown must be used for the northeast corner of the proposed pool;

 

§ The deep end be shifted to the southern end of the pool;

 

The pool surrounds along both the northern and eastern edges must be porous/permeable. 

 

7.    Master Planning Requirements

 

No Master Planning Requirements apply to the site.

 

8.    Relevant Environmental Planning Instruments

 

The Randwick Local Environmental Plan 1998 (Consolidation) was gazetted on 15 January 2010. Clause 7 of the Randwick Local Environmental Plan 1998 (Consolidation) requires that a development application lodged but not finally determined prior to the appointed day will continue to be assessed and determined under the provisions of the Randwick Local Environmental Plan 1998 that was in force immediately before the commencement of this plan. The subject application was lodged on 2 October 2009 and is therefore subject to the savings provision. Further, when determining an application to which this clause applies, the consent authority must have regard to the provisions of this plan as if it had been exhibited under the Act but had not been made.

 

Consequently, the assessment of this application is made against the Randwick Local Environmental Plan 1998, and the Randwick Local Environmental Plan 1998 (Consolidation) is treated as a draft plan only.

 

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

 

(a)    Randwick Local Environmental Plan 1998

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent. The following Clause of the LEP 1998 applies to the proposal:-

 

Clause 10 – Zone No. 2A (Residential A Zone)

The proposal is consistent with the aims of RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will not compromise the aesthetic character, environmental qualities and social amenity of the locality.

 

8.1 Policy Controls

 

a.    Development Control Plan No. Dwelling Houses & Attached Dual Occupancies

 

9.    Environmental Assessment

 

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

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

Y/N

Landscaping

40 % of site provided as landscaped area

Approx 47%

Yes

25m² of private open space provided.

105.85m2

Yes

Min. dimensions of 3m x 4m & minor level change

11.6m x 9.125m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

Approx 25%

Yes

Floor area

(Site area 301m2) maximum FSR 0.6:1 

0.568.:1

Yes

Height, Form & Materials

External wall height maximum 7m

6.06m

Yes

External wall height to the rear maximum 3.5m.

n/a

n/a

Cut or fill maximum 1m.

The cut and fill for the dwelling will not be greater than 1m. 

 

However, the cut for the rear pool is greater 1.8m.

Yes

 

 

 

 

No. However, suitable conditions have been included to ensure that excavations are appropriately supported.

No excavation within 900 mm of a side boundary.

The excavation for the dwelling is closer than 900mm from the side boundaries.

No. However, suitable conditions have been included to ensure that excavations are appropriately supported.

No excavation within 4m of a rear boundary.

The excavation for the swimming pool is 1.1m from the rear boundary.

No. However, suitable conditions have been included to ensure that excavations are appropriately supported.

The length of a 2nd storey maximum 12m less than 1.5m from a southern boundary.

The dwelling is south facing.

n/a

The 2nd storey addition to a semi respects the adjoining semi-detached dwelling.

The first floor addition is located behind the main existing roof form and the design respects the symmetry of the adjoining semi-detached dwelling.

Yes

Building setbacks

Front setback average of adjoining dwellings or 6m

The first floor addition is setback 8.5m from the front boundary and is consistent with the with the front setback average of adjoining dwellings.

Yes

Rear boundary setback at least 4.5m

The dwelling is setback 10.3m from the rear boundary.

Yes

Side setbacks be 900mm at ground level.

The majority of the existing dwelling is setback 2.4m from the western side boundary.  However, the proposed laundry addition is sited on the western side boundary with a nil setback.

 

To the eastern side the dwelling is sited on the common wall boundary with No. 24 Araluen Street.

No. See main issues column below for discussion.

Side setbacks be 1.5m at second floor level.

The first floor addition is setback 2.5m from the western side boundary.

 

However, to the eastern side the dwelling is sited on the common wall boundary with No. 24 Araluen Street.

Yes

 

 

 

 

 

No. See main issues column below for discussion.

Side setbacks be 3.0m at third floor level.

n/a

n/a

Visual & Acoustic Privacy

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

South and North Elevations

It is not considered that the proposed window and glazed door opens to the ground and first floor level at the front and rear of the dwelling will have any unreasonable privacy impacts on the adjoining dwellings.  The window to the front faces the street; and the glazed door and window openings to the rear will primarily overlook the rear yard area of the subject site and the upper level glazed doors will be screened by the proposed side privacy screens.

 

Western Elevation

The window openings to the western elevation are highlight windows and will have no significant privacy impacts.

Yes

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

Balcony

It is not considered that the proposed first floor balcony to the rear of the dwelling will have any unreasonable adverse impacts as privacy screens are proposed to either end of the balcony which will minimise direct overlooking into the rear yards of the adjoining properties.  Further, the balcony is modest in size and is setback 10.3m from the adjoining rear property.

 

Swimming pool

The proposed in-ground swimming pool is setback sufficiently from the side and rear boundaries.  It is not considered that the location of the pool will result in any unreasonable adverse impact upon either the amenity of the adjoining premises or the character of the locality.  In addition, the existing fence structures to the side and rear boundaries are sufficient in height, such that any privacy concerns of the adjoining properties will adequately be resolved.

 

The proposed swimming pool is considered to satisfy the relevant objectives and performance requirements of the DCP.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

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

Discussed above.

Yes

Fences

Sandstone fences and walls are retained/recycled.

No sandstone

Solid front fences or on street frontages in front of the building line are no higher than 1.2m.

n/a

n/a

Fences in front of the building line or on street frontages up to 1.8m and upper 2/3 is at least 50% open.

The height of the proposed fence is 1.4m and more than two thirds is of open horizontal timber design.

Given that the front fence within the streetscape is predominately of low or open form, it is considered that the proposed 1.4m fence should be lowered to 1.2m to maintain the open character of the streetscape and to be sympathetic with the adjoining semi-detached dwelling.  A suitable condition has been included.

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

n/a

Private open space receive at least 3 hours sunlight 9am - 3pm on 21 June.

The rear yard of the subject site will receive at least 3 hours of sunlight during June.

Yes

North-facing living areas receive at least 3 hrs sunlight 9am - 3pm 21 June.

Yes

Solar access to existing or future solar collectors on adjacent buildings is maintained 9am - 3pm.

No impact to solar collectors

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours sunlight 9am - 3pm 21 June, or not further reduced.

The proposal adjoins the adjacent dwelling at No. 24 Araluen Street on its western elevation. Whilst there is no immediate adjacent north facing window, there is one bedroom window located in the court yard area at No. 24 Araluen Street that maybe impacted by the proposal.  The impacts relate to solar access and cross ventilation received to the north facing bedroom window and court yard area.  Revised plans were received reducing the extent of the ground level addition from the adjoining properties court yard area by 1.35m and reducing the height of the ground level addition by 1.5m for 750mm of the eastern elevation.

 

A Statement of Environmental Effects prepared by EBC Planning accompanied the amended plans and demonstrated that the amount of sunlight reduced as a result of the proposal is minimal and is confined to the western elevation of the dwelling. The applicant argues that the court yard area is a secondary open space; the main outdoor recreation space to the rear will receive 6 hours of natural light.  Further, the increased setbacks and reduced height of the amended proposal will improve cross ventilation and light to the affected area at approximately 2pm. 

 

Whilst it would be difficult to attain direct sunlight into the north facing bedroom window to the adjoining property at No. 24 Araluen Street given that there is a polycarbonate roof over the court yard area which restricts direct light into the area, the 1.35m gap on the shared boundary leading into the courtyard will allow for appropriate ventilation and light to the north facing bedroom window and court yard area.  Also, as stated above by the planning consultant the courtyard area is not the principle outdoor recreation space and the main recreation area to the rear of the objector’s property will received more than the preferred solution amount outlined in the DCP. 

 

Further, direct western sunlight is not a desirable source of sunlight and the addition will assist in cooling the court yard area in summer.

 

Given the above and the arguments outlined by EBC Planning, the proposal is considered to achieve the relevant objectives and performance requirements of the DCP.

Principal outdoor recreation space of neighbouring dwellings receive at least 3 hours sunlight 9am- 3pm 21 June, or not further reduced.

It is not considered necessary to amend the shadow diagrams as the proposal has reduced the extent of works, will not significantly impact on principal outdoor recreation space of neighbouring dwellings and complies with the preferred solutions of the DCP.

Yes

 

Main issues

Type

Description

Building setbacks:

 

·  Side setbacks be 900mm at ground level.

 

·  Side setbacks be 1.5m at second floor level.

The majority of the existing ground level is setback 2.4m from the western side of the boundary.  However, the proposed laundry addition is sited on the western side boundary with a nil setback not complying with the preferred solution requirement. To the eastern side the dwelling is sited on the common wall boundary with No. 24 Araluen Street also not complying with the preferred solution setback requirement.

 

The setback of the first floor addition to the eastern side the dwelling is sited on the common wall boundary with No. 24 Araluen Street with a nil setback also not complying with the preferred solution setback requirement.

 

The nil setback of the addition to the western side boundary is not considered to have any unreasonable adverse impacts to the adjoining dwelling in terms of privacy, access to daylight and fresh air. The addition is adjacent to the existing boundary fence which is relatively high and will maintain the environmental amenity of the streetscape.

 

With respect to the non-complying setback of the ground and first floor level additions on the eastern side boundary, the DCP allows for buildings to be sited less than the Preferred Solution Standard when it is proposed to extend an existing semi-detached dwelling along the alignment of the common wall boundary and where it is demonstrated that the performance requirements are met relating to neighbour’s privacy and access to light, air and views.  The eastern side of the ground and first floor addition is sited on the common wall boundary between No.’s 22 & 24 Araluen Street.

 

It is not considered that the nil setback will have any unreasonable impacts on the adjoining dwelling in terms of privacy, access to daylight and fresh air.  The proposal will not unreasonably restrict cross ventilation and sunlight to the north facing bedroom window and court yard area.  Also, it should be noted that the courtyard area is not the principle outdoor recreation space and the main recreation space to the rear of the adjoining property will received more than the preferred solution required amount of natural sunlight which is outlined in the DCP.

 

Also, direct sunlight and natural air flow is already restricted by the existing awning over the court yard area and dividing brick wall.  The gap between the awning and brick wall along the boundary only allows a small amount of direct sunlight and air flow through to the court yard area and bedroom window; and therefore, the loss of sunlight and air flow to this area is not substantial enough to warrant refusal of the application.

 

Further, the nil setback will not adversely impact the streetscape or character of the existing semi’s.

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal satisfies the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies.  The proposal is improving the amenity on the site and will not result in any unreasonable adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

 

Recommendation

 

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/713/2009 for demolition of the existing outbuilding, alterations and ground level additions to the rear of the existing semi-detached dwelling, construction of a new first floor level, a new in-ground swimming pool at the rear and construction of a front fencing at 22 Araluen 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 DA-05 (Revision A), dated 31/08/2009 and received by Council on 2 October 2009, amended plans DA-02, DA-03, DA-06 & DA-07 (Revision B), dated 3/01/2010 and received by Council on 15 February 2010, 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 and finishes of the development shall be in accordance with the documentation prepared by Rodney Cox and Lisa Colenso, dated 31/08/2009 and received by Council on 2 October 2009.

 

3.       The fence on the street alignment is to be a maximum height of 1200mm, to maintain reasonable levels of amenity to the adjoining residential development and the streetscape. The plans submitted for the Construction Certificate shall demonstrate compliance with this requirement.

 

4.       Specific details of the location of the proposed works 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.

 

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

 

6.       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.

 

7.       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/s are applied to meet additional demands for public facilities;

 

8.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $242,550 the following applicable monetary levy must be paid to Council: $2,425.50.

 

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.

 

9.       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.

 

10.     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.

 

11.     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)

 

12.     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.

 

13.     Prior to the issue of a Construction Certificate, the BASIX Certificate shall be amended to reflect the amended plans received by Council on the 15 February 2010, which show the deletion of window W4.

 

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:

 

14.     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.

 

15.     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:

 

16.     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.

 

17.     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).

 

18.     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.

 

19.     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).

 

20.     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”.

 

21.     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.

 

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

 

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

 

23.     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.

 

24.     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:

 

25.     Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the upper floor addition.

 

26.     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.

 

27.     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.

 

28.     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.

 

29.     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.

 

30.     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.

 

31.     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.

 

32.     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.

 

33.     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.

 

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 Management Plan, is required to be developed and 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.

 

The Construction Noise Management Plan is to be prepared in accordance with the relevant provisions of the DECC Construction Noise Guideline.

 

34.     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.

 

35.     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. 

 

36.     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 are applied to ensure compliance with the Swimming Pools Act 1992 and to maintain public safety and amenity:

 

37.     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.

 

38.     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.

 

39.     Swimming pools are to be designed, installed and operated in accordance with the following general requirements:

 

a)    Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

b)    All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and

c)    Water recirculation and filtrations systems are required to comply with AS 1926.3 – 2003:  Swimming Pool Safety – Water Recirculation and Filtration Systems; and

d)    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; and

e)    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:

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

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

 

40.     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.

 

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:

 

41.     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.

 

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

 

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

 

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

 

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

 

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

       

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

●     before 7.00am or after 8.00pm on weekdays.

 

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

 

43.     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.

 

44.     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 consideration for service authority assets:

 

45.     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.

 

46.     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.

 

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

 

47.     That part of the nature-strip upon Council's footway which is damaged during the construction of the proposed works 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 completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

48.     In order to ensure retention of the recently planted Eucalyptus species (Gum Tree), located on Council’s Araluen Street frontage, to the east of the existing vehicle crossing, as well as the Photinia glabra (Photinia) located in the front yard, in the southeast corner of the site, as has been shown as part of this proposal, the following measures will need to be adhered to during the course of works:

 

a)    Any new services, pipes, stormwater systems or similar that are needed must be installed along the western site boundary, at the maximum distance away from both trees as practically possible;

 

a)    There shall be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within 2 metres of either of their trunks, with all Site Management Plans needing to acknowledge these requirements.

 

49.     Approval is granted for removal of the Cupressus sempervirens (Italian Cypress), located in the rear yard, halfway across the rear (northern) boundary, due both to its poor health and condition, as well as to accommodate the proposed works as shown.

 

50.     In order to ensure retention of the Liquidambar styraciflua (Liquidambar) located beyond the northeast corner of the subject site, in the rear yard of the adjoining property to the east, 24 Araluen Street, near the common boundary in good health, the following measures are to be undertaken:

 

a.     The Certifying Authority (CA) must ensure that all documentation submitted for the Construction Certificate application shows the retention of this neighbouring tree, with the position and diameter of both its trunk and canopy to be clearly and accurately represented.

 

b.     Prior to a Construction Certificate being issued, the CA must also ensure that the plans comply with the following requirements:

 

i.      The 1800mm deep end of the proposed pool is to be located at the southern end, closest to the dwelling, in order to minimise the amount of bulk excavations and earthworks near this tree;

 

ii.     Existing ground levels between the northern and eastern edges of the proposed pool and respective site boundaries are retained, with a porous/permeable treatment to be provided in these areas;

 

iii.    A construction method which does not require any further excavations, shoring or any other associated works beyond the 1100mm northern setback and 900mm eastern setback must be used for the northern and eastern edges of the pool, for a distance of 2 metres along both axis.

 

c.     Any new services, pipes, stormwater systems or similar that are required, must be installed to the west of the pool, and be directed along the western site boundary so as to minimise root damage.

 

d.     All excavations associated with the northeast corner of the proposed pool, for a distance of 2 metres along both its northern and eastern axis, must be initially dug by hand, to a minimum depth of 600mm, whereupon Council’s Landscape Development Officer (9399-0613), must be contacted to inspect this trench, where any roots found to be in direct conflict with the proposed works are to be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

 

e.     The root system of this neighbouring tree must be protected by installing evenly spaced star pickets at a setback of 900mm off the eastern boundary, extending a distance of 4.0 metres from the northern boundary, to which safety tape/para-webbing shall be permanently attached so as to completely exclude this area for the duration of the works.

 

 

f.     This fencing shall be installed following demolition, and prior to the commencement of construction works, and shall remain in place until such time as the pool surrounds is being installed, with signage containing the following words to be clearly displayed and permanently attached: “TREE PROTECTION ZONE, DO NOT REMOVE".

 

g.     There is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within a radius of 3 metres from the northeast corner of the site.

 

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      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.

 

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

 

Attachment/s:

 

Nil

 

 


Ordinary Council

23 March 2010

 

 

 

Director City Planning Report No. CP15/10

 

 

Subject:                  35 Napier Street, Malabar

Folder No:                   DA/795/2009

Author:                   Stuart Harding, Planning Consultant     

 

Proposal:                     Demolition of existing structures and construction of new part 2, part 3 storey attached dual occupancy with garaging, swimming pool and associated works

 

Ward:                      South Ward

 

Applicant:                Classic Plans

 

Owner:                         35 Napier Street, Pty Ltd

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application is referred to Council as an objection has been received from an employee of Randwick City Council.

 

The application seeks development consent for the demolition of an existing dwelling, garage and fences and the construction of a part two storey and part three storeys, attached dual occupancy with associated parking and a swimming pool.  The proposal seeks to vary the development standards for height and floor space and consequently a SEPP1 objection accompanies the application.  The proposal satisfies the objectives of the development standards and provides relevant justification for the deviations from the LEP requirements.

 

The application was lodged on 4 November 2009 and notified to the surrounding properties and advertised for 14 days from the 9 November 2009 to the 24 November 2009.  Six objections were received. Predominantly the issues raised were:

 

·           excessive height;

·           excessive Floor space ratio;

·           over development of the site; and

·           the design is not in keeping with the existing character of the area.

 

As a result of issues raised in the objections and during the assessment on behalf of Council, the applicant was invited in a letter dated 15 January 2010 to provide amended plans and documents to Council.  The amended material was received on 17 February 2010 and included the following:

 

·           an additional bedroom on the first floor as part of dwelling B;

·           altered FSR;

·           reduction in the wall height of 0.5m;

·           alterations to some of the windows;

·           additional private open space for dwelling B; and,

·           the provision of privacy screens on the terrace.

 

The amended plans were further notified.  A further four additional objection was received during a second notification period for the amended plans. The objections focused on the same issues stated above.

 

As a result of the amended plans and after further consideration of the development, it is considered that the development warrants approval subject to various standard conditions.  The development is therefore recommended for approval.

 

2.    The Proposal

 

The proposal sought the approval of the demolition of the existing dwelling, garage and fences and the construction of a part three, part two storey attached dual occupancy consisting of a lower ground floor, ground floor and first floor.  The amended development has a total floor space area of 298.7m2.  The building will contain two dwellings, both containing three bedroom but with Dwelling A also containing a study/fourth bedroom.  The development application also includes an in ground swimming pool and associated landscaping.

 

In response to a number of concerns raised with the applicant, the following modifications were made:

 

1.     The floor space ratios were altered by a recalculation of the areas.

2.     An additional bedroom was included at the first floor level as part of Dwelling B.

3.     Lowering of floor to floor levels between lower ground and ground floor levels.

4.     The ensuite of the master bedroom of dwelling was recessed.

5.     Hood structures were incorporated into the design around several windows to articulate the façade.

6.     An increased area of private open space was been included for Dwelling B.

7.     Further detail on a retaining wall and dividing fence along the eastern boundary.

8.     Replacement of the proposed glass balustrade with a masonry structure to improve privacy from overlooking to adjoining properties.

9.     The addition of sliding aluminium louvered privacy screen above terrace floor level

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the eastern corner of Victoria Street and Napier Street.  The land slopes from south to north being a north facing block looking out towards Malabar Beach.  In this regard, the site is in close proximity to the water front.  The site covers an area of 512m2 and street frontages of 18.290m plus splayed corner on both sides.  The site currently contains a single storey masonry dwelling with a detached garage.

 

The subject site only has common boundaries with two neighbouring properties.  To the north east the site is adjoined by a single storey dwelling houses fronting Napier and to the south east a single storey dwelling fronting Victoria Street.  The dwellings are a mix of post war and inter war style.  Further to the west of the site, away from the water front, there is an emerging trend of more modern dwellings that are either renovations or new dwellings within the last few years.

 

Table 1 - Photos of Emerging Development Character in Area

F:\Projects\9023 Randwick Council\9023ce 35 Napier Street, Malabar\Photos+Graphics\000_0007.jpg

F:\Projects\9023 Randwick Council\9023ce 35 Napier Street, Malabar\Photos+Graphics\000_0008.jpg

Prince Edward Street

Prince Edward Street

Corner Napier St and Prince Edward St

Victoria Street

F:\Projects\9023 Randwick Council\9023ce 35 Napier Street, Malabar\Photos+Graphics\000_0011.jpg

F:\Projects\9023 Randwick Council\9023ce 35 Napier Street, Malabar\Photos+Graphics\000_0009.jpg

Victoria Street

Victoria Street

 

4.    Site History

 

The current dwelling on the site appears to be the original single storey dwelling typical of early homes in the area.  There appear to have been few, if any, alterations to the dwelling for some time.

 

5.    Objections to Development Standards

 

The Randwick LEP was amended by consolidation LEP in February 2010.  The amendments included a “savings clause” which protected development applications lodged prior to gazettal of the amendment from consideration under the new LEP. Accordingly, this application, which was lodged in November 2009, has been assessed in accordance with the Randwick LEP at time of lodgement.

 

Having regard to the savings provisions, the applicant seeks variations to two clauses in the Randwick LEP as it applied at the time.  These are the floor space ratio clause, Clause 32 and the wall height clause contained in Clause 33.

 

The objections are addressed below.  In assessing the applicant’s SEPP 1 objection, the principles established from the NSW Land and Environment Court case, Wehbe v Pittwater Council [2007] NSWLEC 827 have been addressed. The case has established that the upholding of a SEPP 1 objection is a precondition which must be satisfied before a proposed development can be approved by the consent authority:

Clause 32 - Floor Space Ratio

 

Matter 1: The Court must be satisfied that “the objection is well founded” (clause 7 of SEPP 1). The objection is to be in writing, be an objection “that compliance with that development standard is unreasonable or unnecessary in the circumstances of the case”, and specify “the grounds of that objection” (clause 6 of SEPP 1)

 

Assessing Officer: The stated purpose of the standard as outlined in the LEP is:

 

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

 

The underlying objective of the standard, in the case of low density residential development, is to limit a developments bulk, scale and amenity impacts. It is noted that these objective are also consistent with the stated purpose of the standard contained within the Randwick LEP applying at the time.

 

The applicant has submitted a written SEPP 1 objection, which outlines the following justifications for the variation to the standard:

 

 

 

The extent of the non – compliance relative to the permissible floor area is not significant.  Adjoining properties are not adversely affected by the scheme or it’s non – compliance.  A compliant scheme would not alter impacts to adjoining properties or the public domain.  The overall bulk and scale of the development, aided by the non – compliant floor space, is consistent with the emerging form of development in the locality.

 

The proposal satisfies the purpose and underlying objective of the floor space ratio standard and the SEPP 1 objection is well founded.

 

Matter 2: The Court must be of the opinion that “granting of consent to that development application is consistent with the aims of this Policy as set out in clause 3” (clause 7 of SEPP 1).

 

The aims and objects of SEPP 1 set out in clause 3 are to provide “flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5(a)(i) and (ii) of the Act”. The last mentioned objects in section

5(a)(i) and (ii) of the Act are to encourage:

 

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

 

(2) the promotion and coordination of the orderly and economic use of developed land.”

 

Assessing Officer: The applicant has presented a case to establish that compliance with the standards would not hinder the attainment of the objects of the Act. The proposed development would have an acceptable impact on the character of the locality and this is consistent with the objects as quoted in the SEPP. The variation from the floor space ratio standard is consistent with the aims of SEPP 1 as it would not detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

 

Matter 3: The Court must be satisfied that a consideration of the matters in clause

8(a) and (b) of SEPP 1 justifies the upholding of the SEPP 1 objection. The matters in clause 8(a) and (b) are:

 

“(a) whether non-compliance with the development standard raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the planning controls adopted by the environmental planning instrument”.

 

Assessing Officer: The proposed development and variation from the development standards do not raise any matters of significance for State or regional environmental planning. Strict adherence to the numerical standard would not provide for continuation of the dominant emerging character of development in the locality.

 

Ways of establishing that compliance is unreasonable or unnecessary

 

Preston C J expressed the view that an objection under SEPP 1 may be well founded and be consistent with the aims set out in clause 3 of the Policy using the following methods:

 

Table – Methods of establishing that compliance is unreasonable or unnecessary.

First

The most commonly invoked way is to establish that compliance with the development standard is unreasonable or unnecessary because the objectives of the development standard are achieved notwithstanding non-compliance with the standard.

 

The rationale is that development standards are not ends in themselves but means of achieving ends. The ends are environmental or planning objectives. If the proposed development proffers an alternative means of achieving the objective, strict compliance with the standard would be unnecessary and unreasonable.

 

Comments:

As discussed above, strict compliance with the development standard is not reasonable and necessary for the proposal to achieve the objectives of the development standard.  The built form outcome is consistent with the purpose of the standard and results in a form of development expected by the objectives of the zone.

Second

A second way is to establish that the underlying objective or purpose is not relevant to the development with the consequence that compliance is unnecessary.

 

Comments:

The purpose of the standard remains relevant however; the proposal achieves its purpose.

Third

A third way is to establish that the underlying objective or purpose would be defeated or thwarted if compliance was required with the consequence that compliance is unreasonable.

 

Comments:

Strict compliance with the standard would defeat its purpose as would result in a redistribution of the built form that may have greater amenity impacts.  A two storey form could reduce the side setback and increase the building foot print over the site resulting in a more prominent built form, a reduced level of landscaping and less building to building separation with the adjoining dwelling.  The subject site, being a corner site, provides two frontages to the public domain and can therefore support a building with increased floor space in the form proposed.

Fourth

A fourth way is to establish that the development standard has been virtually abandoned or destroyed by the Council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable.

 

Comments:

The emerging form of development in the locality and the presence of three storey facades is indication of previous acceptance of this type of building form in the area.  The current application is consistent with the approved forms of development in the area.  The minor increase in floor space is not inconsistent with these outcomes.

Fifth

A fifth way is to establish that “the zoning of particular land” was “unreasonable or inappropriate” so that “a development standard appropriate for that zoning was also unreasonable or unnecessary as it applied to that land” and that “compliance with the standard in that case would also be unreasonable or unnecessary.

 

Comments:

The existing Residential 2A zoning is not considered to be inappropriate for the locality, which is characterised by low density residential development.  The proposal is a recognised form of low density residential development consistent with this character.

 

Clause 33 – Wall Height

 

Matter 1: The Court must be satisfied that “the objection is well founded” (clause 7 of SEPP 1). The objection is to be in writing, be an objection “that compliance with that development standard is unreasonable or unnecessary in the circumstances of the case”, and specify “the grounds of that objection” (clause 6 of SEPP 1)

 

Assessing Officer: The stated purpose of the standard as outlined in the LEP is:

 

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

 

The standard controls wall height only and to this effect, its objective is consistent with its purpose in that it aims to limit the scale of new development, other than dwellings houses, and its impact on amenity to surrounding properties.

 

The applicant has submitted a written SEPP 1 objection, which outlines the following justifications for the variation to the standard.  Whilst the justification was based on a 2.085m variation, this exceedance has been reduced to 1.5 metres as a result of amended drawings:

 

 

As indicated in the objection, the proposal complies with the overall height limit for development prescribed by the RLEP.  The wall height in excess of the control’s maximum does not generate any impacts to the adjoining public or private domain.  The building bulk is consistent with surrounding developments and to this effect; it reflects the emerging character of the streetscape.

 

Matter 2: The Court must be of the opinion that “granting of consent to that development application is consistent with the aims of this Policy as set out in clause 3” (clause 7 of SEPP 1).

 

The aims and objects of SEPP 1 set out in clause 3 are to provide “flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5(a)(i) and (ii) of the Act”. The last mentioned objects in section

5(a)(i) and (ii) of the Act are to encourage:

 

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

(2) the promotion and coordination of the orderly and economic use of developed land.”

 

Assessing Officer: The applicant has presented a case to establish that compliance with the standards would not hinder the attainment of the objects of the Act.  The proposed development would have an acceptable impact on the character of the locality and this is consistent with the objects as quoted in the SEPP. The variation from the wall height standard is consistent with the aims of SEPP 1 as it would not detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

 

Matter 3: The Court must be satisfied that a consideration of the matters in clause

8(a) and (b) of SEPP 1 justifies the upholding of the SEPP 1 objection. The matters in clause 8(a) and (b) are:

 

“(a) whether non-compliance with the development standard raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the planning controls adopted by the environmental planning instrument”.

 

Assessing Officer: The proposed development and variation from the development standards do not raise any matters of significance for State or regional environmental planning. Strict adherence to the numerical standard would not provide for continuation of the dominant emerging character of development in the locality.

 

Ways of establishing that compliance is unreasonable or unnecessary

 

Preston C J expressed the view that an objection under SEPP 1 may be well founded and be consistent with the aims set out in clause 3 of the Policy using the following methods:

 

Table – Methods of establishing that compliance is unreasonable or unnecessary.

First

The most commonly invoked way is to establish that compliance with the development standard is unreasonable or unnecessary because the objectives of the development standard are achieved notwithstanding non-compliance with the standard.

 

The rationale is that development standards are not ends in themselves but means of achieving ends. The ends are environmental or planning objectives. If the proposed development proffers an alternative means of achieving the objective, strict compliance with the standard would be unnecessary and unreasonable.

 

Comments:

As discussed above, strict compliance with the development standard is not reasonable and necessary for the proposal to achieve the objectives of the development standard.  The built form outcome is consistent with the purpose of the standard and result in a form of development expected by the objectives of the zone.

 

The design adds increased articulation to the façade that exceeds the wall height. This has been achieved by recessing section of the external wall and creating fenestration around windows and the like.

Second

A second way is to establish that the underlying objective or purpose is not relevant to the development with the consequence that compliance is unnecessary.

 

Comments:

The purpose of the standard remains relevant however; the proposal achieves its purpose.

Third

A third way is to establish that the underlying objective or purpose would be defeated or thwarted if compliance was required with the consequence that compliance is unreasonable.

 

Comments:

Strict compliance with the standard would defeat its purpose as would result in a redistribution of the built form that may have greater amenity impacts.  A two storey form could reduce the side setback and increase the building foot print over the site resulting in a more prominent built form, a reduced level of landscaping and less building to building separation with the adjoining dwelling.

Fourth

A fourth way is to establish that the development standard has been virtually abandoned or destroyed by the Council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable.

 

Comments:

The building height development standards have been varied in other similar forms of development in the immediate vicinity of the site.  The sloping nature of the topography makes compliance with the standard difficult to achieve.

Fifth

A fifth way is to establish that “the zoning of particular land” was “unreasonable or inappropriate” so that “a development standard appropriate for that zoning was also unreasonable or unnecessary as it applied to that land” and that “compliance with the standard in that case would also be unreasonable or unnecessary.

 

Comments:

The existing Residential 2A zoning is not considered to be inappropriate for the locality, which is characterised by low density residential development.  The proposal is a recognised form of low density residential development consistent with this character.

 

On the basis of the above assessment, the variations to the development standards are therefore supported.

 

6.    Community Consultation

 

The original proposal has been notified in accordance with Council’s notification policy.  The application was on exhibition from 9 November 2009 to the 24 November 2009. The following six (6) submissions were received:

 

·           37 Napier Street, the main issues include:

o    The planter box is on their boundary and there is too little detail on the height and proposed vegetation.

o    Privacy.

o    FSR.

o    Out of character with surrounds.

o    Wall height is too high.

·           106 Victoria Road, the main issues include:

o    Excessive height.

o    Excessive FSR.

o    Over development of the site.

·           104 Victoria Road, the main issues include:

o    Excessive FSR.

o    Out of character with the surrounding area.

·           105 Victoria Road, the main issues include:

o    Excessive height.

o    Excessive FSR.

·           108 Victoria Road, the main with the surrounding area

o    Excessive height.

o    Excessive FSR.

o    Over development of the site.

·           39 Napier Road, the main with the surrounding area

o    Excessive FSR.

o    North east wall is proposed to be too high.

o    The design is out of character with the surrounding area.

 

A second exhibition period was required as a result of the amended plans. This concluded on 9 March 2010. Four further objections were received.

 

·           106 & 108 Victoria Street, Malabar, the main issues included:

o    Excessive height and bulk.

o    Excessive floor space ratio.

o    Monolithic design.

o    Overdevelopment of the site.

·           37 Napier Street, Malabar, the main issues included:

o    Excessive floor space ratio.

o    Lack of detail of boundary fence and planter bed on the shared boundary.

·           39 Napier Street, Malabar, the main issues included:

o    Non-compliance with zone objectives.

o    Contrary to Foreshore Scenic Protection.

o    Amenity and character issues.

o    Height of proposal.

o    Excessive floor space.

 

Comments: 

 

Zone Objectives – The objectives seek to balance the orderly development of the area with minimising adverse amenity impacts.  An assessment of the character of the area and the merging building form confirms that the proposal is not insistent with this character.  In contrast, the building form is consistent with the emerging character of recent buildings constructed in the vicinity of the site.  Amenity impacts to surrounding development are reduced with minimal overshadowing, reduced privacy impacts and provision of required setbacks.

 

FSR (Bulk and Scale) - The variations to the floor space standard are discussed in detail in Section 5 of this report.  In summary, the floor space is exceeded by 42.7.m² of which 17.3m² is in the basement area.  The variation to the floor space does not significantly affect either of the adjoining properties. 

 

Privacy was of some concern although amendments to the proposal which included privacy screens and the introduction of a solid balustrade to the living room balcony have alleviated many of the potential impacts.

 

Wall Height - The variation to the wall height is also discussed in detail in Section 5 of this report.  The variation is in part a consequence of the slope of the land and how this slope is affected by driveway levels and the like. A major redesign would be required to seek compliance with the wall height. Based on a review of recent dwelling construction in the vicinity of the site, and the emerging character of the area, the variation to the wall height at the northern section of the building has been justified by the applicant.

 

Additional fencing details were provided with the amended plans.  These mostly apply to the south eastern boundary with the adjoining neighbour.  Along the north eastern boundary, the proposed hedging is at existing ground level and there is no proposal to change much of the existing side fence.  The exception is that the proposal provides for a standard 900mm high masonry boundary fence forward of the building line up to the street boundary.  This will have no impact on the amenity of the neighbours.

 

7.    Technical Officers Comments

 

The matter was referred to various technical officers within Council.  The following comments were received.

 

7.1 Development Engineering Comments

 

Landscape Comments

This application complies with the minimum landscaped area requirements specified by Council’s DCP for Attached Dual Occupancies in the 2A Zone, in that 49% of the entire site area will be retained as landscaped area (minimum 40% required), with the inspection confirming that all vegetation contained within the property is exempt from the provisions of Council’s Tree Preservation Order (TPO) due either to their small size, or the fact they are located inappropriately close to the existing dwelling, and can therefore be removed in order to accommodate the proposed development as shown.

 

Further, conditions in this report relate to ensuring that a high quality landscape treatment is provided in order to enhance the appearance of the proposal and improve its interaction with the streetscape.

 

Outside the property, several native trees have been planted on both public frontages by Council for the purpose of street beautification, and comprise firstly, two 3-4 metre tall Hibiscus tiliaceus (Cottonwoods) on the Napper Street verge, to the west of the existing vehicle crossing, being one centrally across the width of this frontage, and another one near the intersection of Victoria Street.

 

Both appeared in good health and condition, are covered by the TPO due to their location on public property, and while the vehicle crossing is shown as being widened/relocated, a sufficient setback will still be maintained off the most eastern of these two trees to ensure its root system is not affected, and will also maintain acceptable lines of sight, with relevant conditions to ensure their preservation in the streetscape provided in this report.

 

On the Victoria Street side, there is one Metrosideros excelsa (NZ Xmas Tree/Pohutukawa), of around 4 metres in height with a canopy spread of similar dimensions, located towards the southern site boundary, which while also being covered by the TPO, displays signs of dieback, which is likely an indication of decline, with these same symptoms usually leading to death.

 

Large quantities of this species have been removed along the east coast due to a combination of old age and pest attack, and is evidenced by the recent removal of similar sized tree of the same species immediately to its west.

 

The plans propose that a new crossing will be constructed at the southwest corner of the property, which will involve excavations almost hard up against its trunk that would cause a substantial amount of its root system to be completely removed, and place this tree under further stress, only hastening its decline.

 

As its retention will not be possible as part of this proposal, Council raises no objections to its removal for the reasons outlined above; however, the applicant will be responsible for covering all relevant costs, including for a suitable replacement, with the standard inclusion of a loss of amenity fee not deemed appropriate in this case as the tree will likely die in the near future and need to be removed anyway.

 

The 5-6 metre tall Banksia integrifolia (Coastal Banksia) growing further to the south, in front of the neighbouring property at 105 Victoria Street, should not be affected given the presence of existing brick walls and the setback between the tree and proposed crossing, and as there is no encroachment or overhang onto the subject site, conditions are not required.

 

Drainage Comments

Onsite detention of stormwater is not required for this application.

 

The Development Engineer has provided appropriate conditions to reflect these comments in the vent that approval is warranted.

 

8.    Master Planning Requirements

 

Clause 40A of Randwick LEP requires the preparation and adoption of a master plan for the redevelopment of sites having an area in excess of 4,000 square metres and which must be adopted and in force prior to the grant of development consent.

 

The subject site, being 512m² in area, is not subject to the provisions of Clause 40A.

 

9.    Relevant Environmental Planning Instruments

 

(a)        Randwick Local Environmental Plan 1998 (consolidation)

The Randwick LEP was amended by consolidation LEP in February 2010.  The amendments included a “savings clause” which protected development applications lodged prior to gazettal of the amendment from consideration under the new LEP. Accordingly, this application, which was lodged in November 2009, has been assessed in accordance with the Randwick LEP at time of lodgement.

 

The subject site is zoned Residential 2A. The proposed dual occupancy development is permissible with development consent.

 

The controls applicable to land zoned Residential 2A when applied to the dual occupancy are detailed as follows:

 

Residential

Clause No.

Requirement

Provided

Compliance

31 - Landscaped Area

40% of site area

51%

Yes

32 - FSR

0.5:1

0.58:1

No (SEPP 1 Objection lodged)

33 – Building Height

Max 9.5m 

8.5m 

Yes

33 – External Wall Height

Max 7m

8.5m

No (SEPP 1 Objection lodged)

 

As discussed in Section 5 of this report, the applicant seeks to vary two of the development standards contained within the Randwick LEP.  An assessment of the variations pursuant to the SEPP 1 assessment process supports the variations to the controls.

 

Clause 29 – Foreshore Scenic Protection Area

The subject site is located within a Foreshore Scenic Protection Area (FSPA).  Clause 29(3) of the RLEP 1998 requires council to consider the probable aesthetic appearance of the proposed building in relation to the foreshore.  The development’s consistency with the emerging character of development in the locality will ensure its visual relationship with the foreshore is suitable.  It will result in consistent built form across the visual catchment of this part of the foreshore.

 

10. Policy Controls

 

(a)    Development Control Plan – Dwelling Houses and Attached Dual occupancies (as amended 20 December 2002) (DCP).

The DCP sets out specific controls and objectives for the development to adhere to which for the basis of the approval criteria.

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Provided

Compliance

Landscaping

40 % of site provided as landscaped area

49%

Yes

25m² of private open space provided.

25 m2 for each dwelling.

Yes

Min. dimensions of 3m x 4m & minor level change.

3 m x 4 m

Yes

Open space behind the building line.

Yes, some private open space for Dwelling B within side courtyard.

20% of the site area is permeable.

22.7%

Yes

Floor area

(Site area 512m2) maximum FSR 0.56:1 

0.58:1

No

Height, Form & Materials

External wall height maximum 7m

8.58 m

No

External wall height to the rear maximum 3.5m.

N/A

N/A

Cut or fill maximum 1m.

< 1m

Yes

No excavation within 900 mm of a side .boundary.

>900 mm

Yes

No excavation within 4m of a rear boundary.

Swmming pool located within 4 m but no other excavation.

Yes

The length of a 2nd storey maximum 12m less than 1.5m from a southern boundary.

11.39 m

Yes

The 2nd storey addition to a semi respects the adjoining semi-detached dwelling.

n/a

n/a

Building setbacks

Front setback average of adjoining dwellings or 6m

4.905 m

Yes

Rear boundary setback at least 4.5m

n/a

n/a corner site

Side setbacks be 900mm at ground level.

1.645m

Yes

Side setbacks be 1.5m at second floor level.

1.645 m

Yes

Side setbacks be 3.0m at third floor level.

3.10m

Yes

Visual & Acoustic Privacy

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

4

Yes

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

Screenin gprovided, solid balsudrate and louvres on living room terrace.

Yes

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

Not required

n/a

Safety & Security

Front doors of dwellings are visible from the street.

Yes

Dwellings have at least one habitable room window overlooking the street.

Living  in both

Yes

A Council-approved street number is conspicuously displayed at the front of the dwelling or front fence.

Standard condition

Yes

Garages & Driveways

 

 

 

Garages & Driveways

(continued)

Minimum of 1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

5 spaces

Yes

Parking spaces have a min. dimension of 5.5m x 2.5m.

6.5 m x 5 m

Yes

Driveway minimum width of 3m and side setback 1m

3 m

Yes

Driveway maximum width of 3m at the boundary.

3m

Yes

Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from street alignment and 1 in 6 thereafter.

Checked by Engineer

Yes

Garages and carports to rear lanes set back 1m.

n/a

n/a

Parking and access is provided from the rear.

n/a

n/a

Garages and carports located behind the building line where parking only available from the front of the site.

Yes

Driveways, car parking spaces and structures do not occupy more than 35% of the width of the allotment

30 %

Yes

Fences

Sandstone fences and walls are retained/recycled.

n/a

Solid front fences or on street frontages in front of the building line are no higher than 1.2m.

2 m

No, see comment below table.

Fences in front of the building line or on street frontages up to 1.8m and upper 2/3 is at least 50% open.

 

Yes

Foreshore Development

No encroachments on Foreshore Building Line.

n/a

Stepped buildings on sloping sites are articulated.

Yes

Form, colour, materials and finishes are sympathetic.

Yes

Buildings incorporate setbacks to allow sharing of views.

Yes

Ancillary structures do not detract from appearance.

n/a

Solar Access and Energy Efficiency

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

Yes

Private open space receive at least 3 hours sunlight 9am - 3pm on 21 June.

Slightly reduced for Dwelling B

Yes

North-facing living areas receive at least 3 hrs sunlight 9am - 3pm 21 June.

Yes

Solar access to existing or future solar collectors on adjacent buildings is maintained 9am - 3pm.

No impact to solar collectors

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours sunlight 9am - 3pm 21 June, or not further reduced.

No impact to north facing living room windows

Principal outdoor recreation space of neighbouring dwellings receive at least 3 hours sunlight 9am- 3pm 21 June, or not further reduced.

 

Yes

 

The proposal seeks to vary two primary controls within the DCP.  These controls are also development standards contained within RLEP 1998 and accordingly the merits of the variations have been dealt under Section 5 of this report which deals with Clauses in the Randwick LEP.

 

The application proposed the enclosure of a small courtyard area on the side street setback (Victoria Street).  The fence section is 8.5 metres long on a boundary of 18.5 metres in length.  The fence, whilst not objected to in the context of this frontage being the secondary frontage, has a height of 2 metres for a small section where the street changes level.  This is considered an excessive highest and the fence should be stepped to ensure a maximum overall height of 1.8 metres.  The remainder of the front boundary has either a 900mm fence (towards the corner) or no fence at all (towards the adjoining property).  As a result, the fencing is not a visually significant element in the streetscape.  A condition on the approval can be provided in the event that approval is supported.

 

(b) Section 94A Development Contributions Plan

The proposal is subject to development contributions at Council’s standard rate of 1% of the overall development costs.

 

11. Environmental Assessment

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.  As a result of this assessment, it is considered that the development is acceptable.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design.

Direction(4b):    Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal provides a design that increases the density of housing on the site while maintaining the existing detached dwelling character of the area.  The corner allotment location allows for some increased built form as the building requires presentation to two areas of the public domain.  The dual occupancy solution facilitates this with a two storey character for the dwelling fronting Victoria Street and a part two/part three storey character fronting Napier Street.

 

The main concern with the proposal was the potential precedent and possible impacts resulting from variation to wall height and the floor space ratio.  The result of the assessment is that the variations do not result in subsequent amenity impacts and are not inconsistent with the emerging built form that results from the topography ion this area.  The SEPP 1 objections for the FSR and Building Height have been considered and the variation from the existing development controls can be supported.  The plans as amended are in keeping with the emerging character of the area.

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses  32 and 33 of the RLEP relating to Floor Space Ratios and Building Wall Heights 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. 795/2009 for demolition of existing structures and construction of new part 2, part 3 storey attached dual occupancy with garaging, swimming pool and associated works at No. 35 Napier Street, Malabar, subject to the following conditions:

 

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

 

1.      The development must be implemented substantially in accordance with the amended plans dated 12 February 2010 prepared by Classic Plans Pty Ltd and received by Council on 15 February 2010 and numbered 014/09, (sheets 1, 1A, 2, 3, 4, 5, 6, 7, 8 and 9) any supporting information received with the application.

 

2.      The proposed courtyard fencing along the Victoria Street frontage having a maximum height of 1.8 metres as measured above the ground.

 

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

 

4.      Street 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.

 

5.      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.

 

6.      The external walls of the dwelling must be located not less than 900mm from the boundary.

 

7.      Eaves, gutters, hoods and similar structures or attachments are required to be setback from the side boundaries of the allotment a minimum distance of 500mm and details of compliance are to be included in the construction certificate details.

 

8.      External lighting to the premises shall be designed so as not to cause a nuisance to nearby residents.

 

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

 

10.     Open-able 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 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),

v)       Other appropriate effective safety measures or barrier.

 

The following condition/s are imposed to satisfy the requirements of the Sydney Water Corporation.

 

11.     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.

 

Section 94A Development Contributions applicable to all applications lodged from 2 July 2007:

 

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

 

12.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,402,060, the following applicable monetary levy must be paid to Council: $14,020.60.

 

The levy must be paid in cash, bank cheque or by credit card prior to

 

a)   a construction certificate being issued

b)   a subdivision certificate being issued

 

for the proposed development. The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment.

 

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

 

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

 

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

 

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

 

14.     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).

 

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

 

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

 

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

 

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

 

ii)      appoint a principal contractor for the building work, 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.

 

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

 

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

 

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

 

The principal contractor 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.

 

18.     A sign must be erected and maintained in a prominent position on the site, 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”.

 

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.

 

20.     Prior to the issuing of an interim or final occupation certificate, a statement is required to be obtained from the Principal Certifying Authority (or other suitably qualified person), 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.

 

21.     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 any relevant Certificate of Insurance) or a copy of the Owner-Builder Permit (as applicable) must be provided to the Principal Certifying Authority and Council prior to commencement of works.

 

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

 

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

 

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

 

23.     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.

 

24.     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.

 

25.     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)

 

26.     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 conditions are applied to provide adequate security against damage to Council’s infrastructure:

 

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

 

28.     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 new concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site in Napier Street.

 

b)   Construct a new concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site in Victoria Street.

 

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

 

d)   Construct a new concrete footpath, adjacent to the kerb, along the Victoria Street site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

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.     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:

 

31.     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 as follows:

 

Napier St Frontage –        Driveway Entrance - 50mm above the existing Council   footpath level at both the northern and southern edge of the driveway entrance.

                                     

Pedestrian Entrance –         50mm above the existing Council footpath level opposite the pedestrian entrance.

 

Victoria St Frontage -      Driveway Entrance – 350mm below the Council kerb level opposite the driveway entrance.

 

                                      Pedestrian Entrance – RL 15.45

 

32.     The design alignment levels issued by Council and their relationship to the 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.

 

33.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $805.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid to Council prior to a construction certificate being issued for the development.

 

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

 

34.     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.

 

35.     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.

 

36.     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.

 

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

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development.

 

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

 

38.     Generally all site stormwater shall be piped to a sediment/silt arrester pit that drains to an infiltration area with a minimum 5 m2 base area. An overflow pipe shall be provided from the silt arrestor pit that drains to Council's kerb and gutter.

 

The location and details of the proposed internal stormwater pipelines, silt arrestor pit and the infiltration area shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the plans shall be forwarded to Council, prior to a construction certificate being issued, if Council is not the certifying authority.

 

Notes:

 

a.     The sediment/silt arrestor pit shall be constructed:

 

i.      within the site at or near the street boundary.

i.      with a child proof and corrosion resistant fastening system (e.g. spring loaded jay-bolt).

ii.     with a minimum of 4 x 90 mm diameter weep holes (preferably located in the walls of the pit at the floor level) and with a suitable geotextile material with a high filtration rating located around the weep holes.

iii.     with the pit floor being a minimum 300mm below the invert level of the outlet pipelines.

iv.    with a galvanised heavy duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet pipes draining to the infiltration pit and the kerb. (Similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

 

b.     The infiltration/rubble pit shall:

 

i.     have a minimum 300 mm of soil cover (600 mm where the pit is located under a garden/landscaping area).

ii.    be located a minimum of 3.0 metres from the dwelling or other structure (closer if a structural engineer certifies that the infiltration area will not adversely affect the structure) and 2.1 metres from the adjacent side or rear boundaries.

iii.    be constructed with a minimum 200 mm thick layer of 20 mm basalt/blue metal (or similar) that is wrapped in a suitable geotextile material covering with a high filtration rating (Geofabrics Bidim "A" range of filtration fabrics or equivalent). A suitable means of dispersing the stormwater over the area of infiltration is to be constructed.

 

Note:  other equivalent methods of infiltration may be adopted.

iv. have a minimum base area of  5.0 square metres (m2).

 

The outlet from the silt arrestor pit to the infiltration area shall be located at least 50 mm below the outlet from the silt arrestor pit to the kerb and gutter.

 

c.       The requirement for an infiltration/rubble pit will not be enforced should the underground soil conditions preclude the construction of the infiltration pit (eg rock is located within 300 mm of the base of the infiltration area). If the infiltration/rubble pit is not constructed then all site stormwater shall be discharged to the kerb and gutter via a sediment/silt arrestor pit (as detailed in note a. above).

 

All works shall be to the satisfaction of the certifying authority.

 

d.       The overflow pipe/s from any rainwater tank/s shall be directed into the infiltration area.

 

39.     The infiltration areas/Absorption Trenches must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

40.     Should a charged system be required to drain any portion of the site, the charged system must be designed with suitable clear-outs/inspection points at pipe bends and junctions.

 

41.     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 required 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 Randwick City Council's Stormwater Code.

 

42.     All pump out water must pass through a stilling pit prior to being discharged by gravity to the kerb and gutter.

 

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

 

43.     Prior to the credited certifier 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 dual occupancy

 

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

 

44.     Landscaping at the site shall be installed substantially in accordance with the Concept Landscape Plan by Classic Plans, drawing number 014/09, sheet 9 of 9, dated  22/10/09, prior to the PCA issuing a Final Occupation Certificate, and shall be maintained in accordance with this plan.

 

45.     The nature-strips on both of Council's footways 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 on Private Property

46.     Approval is granted for the removal of all existing vegetation within the site, as all were observed to be exempt from the provisions of Council’s Tree Preservation Order (TPO) due to either their small size or inappropriate location close to the existing dwelling, but is subject to full implementation of the approved landscape plan.

 

Street Tree Removal

47.     The applicant shall submit a total payment of $745.25 (including GST), being the cost for Council to:

 

a.   Remove the existing Metrosideros excelsa (NZ Xmas Tree/Pohutukawa), located on the Victoria Street frontage, towards the southern site boundary, in order to accommodate the proposed vehicle crossing as has been shown; and

 

b.   Supply and install 1 x 25 litre replacement street tree, Banksia integrifolia (Coastal Banksia) on the Victoria Street verge, spaced an equal distance between the proposed vehicle crossing and intersection of Napier Street at the completion of all works.

 

The contribution must be paid into Tree Amenity Income at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development.

 

The applicant will be required to contact Council’s Landscape Development Officer on 9399-0613, giving at least four working weeks notice, to arrange for both removal of the existing street tree prior to commencement, and provision of the replacement tree following completion of site works

 

Street Tree Protection

48.     In order to ensure retention of the two Hibiscus tiliaceus (Cottonwoods) located on Council’s Napier Street nature strip, between the existing/proposed vehicle crossing and intersection of Victoria Street in good health, the following measures are to be undertaken:

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

 

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

 

c.   Each tree must be individually 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 the west, south and east (measured off the outside edge of its trunk at ground level), matching up with the back of the pedestrian footpath to its north, in order to completely enclose each tree for the duration of works.

 

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

 

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

 

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

 

g.   A refundable deposit in the form of cash, credit card or cheque for an amount of $1,000.00 shall also be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of this street tree.

 

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

 

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

 

·      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.

 

Advisory Conditions

 

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

 

Attachment/s:

 

Nil

 


Ordinary Council

23 March 2010

 

 

 

Director City Planning Report No. CP16/10

 

 

Subject:                  315 Bunnerong Road, Maroubra

Folder No:                   DA/727/2009

Author:                   Wendy Wang, Environmental Planning Officer     

 

Proposal:                     Demolition of existing building and construction of part 4, part 3 storey mixed use development comprising one retail tenancy, 10 residential units, carparking for 11 vehicles accessed from Wild Lane (SEPP1 objections to floor space ratio and maximum building height controls)

Ward:                      Central Ward

Applicant:                S.A.M Property Developments Pty Ltd

Owner:                         S.A.M Property Developments Pty Ltd

Summary

Recommendation:     Deferred commencement approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

The subject proposal is referred to Council for determination as it contains variations to the maximum overall height and maximum floor space ratio development standard stipulated in Randwick Local Environmental Plan (RLEP) 1998 by more than 10%.

 

The proposal seeks to demolish the existing structures on the site and construct a new part 4, part 3 storey mixed use development comprising of one ground floor retail tenancy with entry from foyer, 10 residential units above and carparking for 11 vehicles accessed from Wild Lane

 

The proposal does not comply with Clause 32 (3) for maximum floor space ratio and Clause 33 (5) for maximum overall building height for 3B Local Business Zones.

 

Clause 32 (3) of the Randwick LEP 1998 requires buildings in 3B business zones to have a maximum floor space ratio of 1:1.  Additionally, under Clause 33 (5), the maximum permissible overall height for a building within a 3B zone is 9m. The proposal has a floor space ratio (FSR) of 1.43:1, which equates to 666.5m2 gross floor area and an overall building height of 13.3m. 

 

The applicant has submitted objections under State Environmental Planning Policy No.1 - Development Standards in relation to the non-compliances with Clause 32 (3) and 33 (5) of Randwick LEP 1998 (maximum floor space ratio and maximum building height). The non-compliances have been assessed and found acceptable as the proposal will be consistent with the planning objectives for the locality; the proposal results in a built form which is appropriate in scale with surrounding development including the residential flat building being constructed adjoining the subject site to the north.

 

The proposed building has been separated into a western (Bunnerong Road) and eastern (Wild Lane) wings. A landscaped podium level covers the carparking at first floor level and provides a link between the front and rear portions of the building. The western wing (fronting Bunnerong Road) has a height of four (4) storeys, stepping down to three (3) storeys at the eastern wing, including the at-grade parking provision.

 

The application was subject to extensive negotiations in relation to design quality issues raised by the Design Review Panel and the location of the site in an area subject to stormwater inundation during major storm events. The proposal is recommended for approval subject to meeting deferred commencement conditions.

 

Overall, the development is considered to be commensurate with the dominant scale and character of the surrounding 3B Zone and the additional density and height will not give rise to any unreasonable detrimental impacts to surrounding properties.

 

The proposal provides a total of 11 parking spaces, which falls short of the 14 spaces required by Council’s Parking DCP. This is considered to be acceptable and discussed in further detail in Section 11.2.1 of this report.

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended and the relevant legislation, State policies and Local planning controls.

 

The application is therefore recommended for deferred commencement approval.

 

 

 

 

2.    The Proposal

 

The proposal seeks consent to demolish the existing structure on the site and construct a part three (3), part four (4) storey mixed use development with a ground floor retail tenancy and at grade parking accessed from Wild Lane, directly east of the site and comprises the following works:

 

·      1 x retail/commercial unit at ground level/L1

·      2 x 1 bedroom dwellings at level 2/L2

·      2 x 2 bedroom dwellings at level 2/L2

·      2 x 1 bedroom dwellings at level 3/L3

·      2 x 2 bedroom dwellings at level 3/L3

·      2 x studio unit  at level 4/L4

 

The proposed building has been separated into a western (Bunnerong Road) and eastern (Wild Lane) wing. A landscaped podium level covers the carparking at first floor level and provides a link between the front and rear portions of the building. The western wing (fronting Bunnerong Road) has a height of four (4) storeys, stepping down to three (3) storeys at the eastern wing, including the at-grade parking provision.

 

3.    The Subject Site and Surrounding Area

 

The subject site is known as Lot 2087 in DP 752015 and is located on the western side of Bunnerong Road in Maroubra, between Wild Street and Kingsford Street. The site is slightly irregular in shape, and is presently occupied by an existing retail tenancy. The site is generally level. The dimension and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Western, Bunnerong Road boundary

13.47m

 

Eastern, Wild Lane rear boundary

11.58m

 

Northern, side boundary

38.93m

 

Southern, side boundary

35.91m

 

 

 

464.7m²

 

Development in the locality is characterised by a mix of uses due to the range of zonings in the area and is characterised by a mix of residential and commercial uses and a variety of architectural styles and construction eras.

 

Sites to the rear of the subject site are zoned Residential 2A and are characterised by 1-2 storey detached dwellings. Adjacent to the site to the north is a new 3-4 storey mixed use development with ground floor commercial/retail tenancy. This is still under construction. To the west is Bunnerong Road, to the south is an existing double storey residential flat building containing 4 units, and to the east of the site is Wild Lane with single storey freestanding and semi-detached dwellings located across the lane. Bunnerong Road forms the western boundary of the Randwick LGA with light industrial areas opposite. Refer to images of the site and surrounds below.

 


 

Photographs of the site and surrounds

1. The existing building.

2. Adjoining 4 storey residential flat building to the north.

3. Adjoining two (2) storey residential flat building immediately to the south of the site. 

4. Rear of the subject site to be demolished

 

4.    Site History

 

Council’s records indicate that while numerous applications have been granted for development on the site for changes of use of the existing tenancy over a number of years, no recent and relevant development consents are applicable to the subject property.

 

4.1   Application History

The application was lodged on 8 October 2009. Accordingly, the plans accompanying the development application were referred to the Design Review Panel for SEPP 65 - Design Quality of Residential Flat Development (on 7 December 2009), Council’s Building Health and Building officers, and Council’s Development Engineers for comment.

 

Issues were raised by the Panel and Council in relation to the following: 

 

·      Improved use of space for optimum light and ventilation

·      The reduction of clutter of stairs, exhaust stacks and balconies projecting into the courtyard space.

·      Reduction of southern boundary wall

·      Redesign of landscaped areas to include planting, some in deep soil.

·      Windows and doors facing east and west need solar protection. 

·      Better unit configurations and internal planning.

·      Increase floor to floor heights

·      Provision of more generous balconies and internal living spaces to improve occupant amenity.

·      Increasing the size of internal living spaces.

·      Redesign of entry lobby to create more defined and welcoming space.

·      Increased communal areas and reduction in private open space.

 

Subsequently, amended plans and supplementary information were received on 10 February 2010 in response the matters raised by the Design Review Panel and Council officers.

 

The application and amended plans were again referred to the panel for comment on 1 March 2010. The Panel indicated that while the plans received on 10 February 2010 did not fully satisfy their concerns in relation to the proposal, the issues raised can be addressed by way of additional conditions of consent. The Panel’s comments are included in Section 11.3 of this report. The amended application was also re-notified/advertised to surrounding residents from 18 February – 4 March 2010 and forms the subject of the current assessment.

 

Final amended plans were received 9 March 2010 which generally address the issues raised by Council and the Design Review Panel and are considered to be satisfactory for approval subject to conditions of consent. The amended plans do not reach full compliance with the statutory height limit or floor space ratio controls. The applicant has therefore submitted SEPP 1 objections to address these non-compliances with the corresponding clause as contained in the Randwick Local Environmental Plan 1998.

 

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

 

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

 

The proposal seeks to vary any development standards contained with Randwick Local Environmental Plan 1998 as follows: -

 

·      Floor Space Ratio (Clause 32 (3))

·      Maximum Eternal Wall Height (Clause 33(5))

 

Pursuant to Clause 32(3) of RLEP 1998, the maximum floor space ratio (FSR) for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 3B is 1:1. The proposal has an FSR of 1.43:1 or 666.5m2 GFA.  

 

Pursuant to Clause 33(5) of RLEP 1998, the maximum height for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 3B is 9m. The proposal has a height of 13.3m.    

 

In assessing the applicant’s SEPP 1 objection, the principles established from the NSW Land and Environment Court case, Wehbe v Pittwater Council [2007] NSWLEC 827 have been addressed. The case has established that the upholding of a SEPP 1 objection is a precondition which must be satisfied before a proposed development can be approved by the consent authority:

 

Matter 1

The Court must be satisfied that “the objection is well founded” (clause 7 of SEPP 1). The objection is to be in writing, be an objection “that compliance with that development standard is unreasonable or unnecessary in the circumstances of the case”, and specify “the grounds of that objection” (clause 6 of SEPP 1).

 

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

 

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

 

The stated purpose of the Maximum Building Height standard as outlined in the LEP is:

 

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

 

The applicant has submitted a written SEPP 1 objection, which outlines the following justifications for the variation to the standards:

 

Floor Space Ratio

·      The proposed development is of a scale and bulk that is consistent with the existing development in the surrounding locality. Indeed, the proposal is of a scale and bulk that is significantly less than many of the residential flat buildings within the surrounding street blocks and one that relates well with the dwelling houses in proximity to the site to the east.

·      Attention has been given to the constraints of the site, such as its narrow width and flooding characteristics, and the proposed building relates to its topography.

·      A primary main reason for erection of the three/part four-storey building is to the address the flood level of the site and allows the financial viability of the redevelopment. The current proposal is likely to create minimal adverse impact on the surrounding properties and the design suits the topography of the site with the ground floor parking level above the flood level for the site.

·      Further, it complies with all but one of the remaining requirements of the Randwick LEP 1998, namely the overall height requirement. Similarly it complies with all but one of the other requirements of Council's DCP for Multi-Unit Housing development including private open space, car parking, solar access and views. It does not comply with the car parking requirement of the DCP.

·      In this regard, the proposal does not represent an over-development of the site in that it maximizes the usability of the land and the amenity of each proposed dwelling and the open space areas.

·      The proposed open space areas are adjacent to living areas and are suitable in their quantity and minimum dimension. The site is unique in that it is quite narrow and the proposal has been designed to optimise the functionality of space on the site as well as within each dwelling with minimal adverse effect on the surrounding development.

·      The area of non-compliance is limited to the upper floor, is set well back from the street and has limited visibility from street level. For this reason the proposed FSR is not considered unreasonable as it is not likely to have any significant adverse effect on the adjoining or adjacent development.

·      As the neighbouring properties in adjoining streets contain some residential flat developments of equal or greater height, the current proposal is not likely to set an undesirable precedent for the area or challenge the bulk or scale of neighbouring development. Nonetheless, the current proposal incorporates a development that is in keeping with the style of the area, is sympathetic to the external appearance of development within each street and is similar to the existing mixed-use buildings within Maroubra Road.

·      The proposed variation to the development standard is not considered likely to undermine the planning objectives of the surrounding locality. This is due to the fact that the site contains particular characteristics, such as a narrow lot, specific flood levels and fronts two streets.

·      The proposal complies with all of the remaining requirements of Council's Code, barring the height control, and is not likely to adversely affect the amenity of the surrounding area.

·      This form of development is expressly permitted on the site which is zoned Local Business 3(b} under the Randwick LEP 1998. Similar developments to the proposal are in fact located around the corner in Maroubra Road and also contain attached dwellings.

·      Further, the proposed development has been designed to ensure that any impacts in respect to loss of solar access, privacy or views on the surrounding locality are minimised.

·      The proposed variation to the maximum floor space ratio control is considered to be a suitable trade off given the constraints of the site. In this case, the proposal does not represent an excessive deviation from the standard and will not have the effect of eroding the application of the control or reducing its effectiveness.

 

Overall Building Height 

·      The proposed development is of a height that is consistent with the existing development in the surrounding locality. In this regard, the upper most floor has increased setbacks, is not visible from the street and not likely to significantly adversely affect the external appearance of the building.

·      The proposal is of a scale and bulk that is significantly less than many of the neighbouring residential flat buildings within the surrounding street blocks and one that relates well with the commercial developments in proximity to the site to the east.

·      The proposal has been designed to comply with the remaining development controls of the Randwick LEP 1998 and the Multi Unit Housing OCP, with exception only to the floor space ratio control. Indeed, the proposal has also been designed to comply with the provisions of these instruments relating to privacy, private open space, solar access, energy efficiency and views.

·      The design of the proposed residential flat building is in sympathy with the characteristics of the site and will address the flood levels across the site. The building will largely comprise three stories for most of its length. The upper floor is considered to be adequately setback from the boundaries of the site and is not likely to adversely impact on the privacy or amenity of the adjoining development.

·      The preservation of privacy has been achieved by design elements such as orientation of units towards the front and rear of the site, careful screening and the use of planters along the courtyard areas.

·      The visible wall height of the majority of the proposed development is generally in keeping with the wall heights encouraged under Council's planning instruments while the area of non-compliance is largely not visible from the eastern side of Bunnerong Road.

·      The proposal is therefore considered likely to satisfy the objective of the maximum height standard, having regard for the amenity of the surrounding areas.

·      The overall height of the building is largely the result of the flood level currently applying to the site. The area of non-compliance is limited to the upper most floor housing the two proposed studio units which contain less than a third of the floor area of the revels below and is by no means a substantial portion of the proposed building. Despite this, the height of the building will not be legible from the street given it will be well setback from the front of the site and not be less discernable, even from the other side of Bunnerong Road which is a considerable distance away given the wide median strip and parking lanes available.

·      Given the similar adjoining commercial development and the areas of noncompliance being limited to two portions at the centre of the site, the proposal is not likely to result in any significant shadow impact, loss of views or privacy.

·      The proposed height is not likely to result in any significant increase in traffic generation, there is ample on street parking in the vicinity of the site and there is every likelihood that not all occupants would rely solely on a private motor vehicle. Indeed, the proposal would normally fully comply with Council's controls had the site not contained a flood level.

·      This form of development is expressly permitted on the site which is zoned Local Business 3{b) under the Randwick LEP 1998. Adjacent developments within Maroubra Road are similar to the proposal in that they also contain attached dwellings to the rear with three and four stories. In addition, the proposed development has been designed to ensure that any impacts in respect to loss of solar access, privacy or views on the surrounding locality are minimised.

·      The proposed variation to the height control is considered to be a suitable trade off given the constraints of the site. In this case, the proposal does not represent an excessive deviation from the standard and will not have the effect of eroding the application of the control or reducing its effectiveness. Accordingly, the proposal meets Council's principles for the control and usage of SEPP No. 1.

 

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

 

Floor Space Ratio

·      In relation to FSR, the Randwick LEP, amongst other things, seeks to allow for retail/commercial and residential development in local business centres to ensure the vitality of the Local Business Zone 3B and the urban environment. Accordingly, notwithstanding the increase in FSR, the proposed development will be consistent with the objectives 1(a) to 1(e) of the 3B zone. In this regard, the proposal will ensure these planning objectives for the zone are facilitated through the proposed development by providing opportunities for local retail and business development while providing opportunities also for residential accommodation without interfering with the primary business function of the zone and the amenity of the locality. The proposal will also contribute towards a more economically viable retail core for this local business centre which is centrally located and in close proximity to public transport, enhanced employment opportunities for the local community and an orderly and economic use of land for both residential and commercial/retail uses within the Centre.

 

·      The proposed development would allow for a reasonable redevelopment of the land with a bulk and scale that would be visually compatible with existing development in the locality. In particular, the adjoining allotment immediately to the north of the subject site at 313 Bunnerong Road has been approved for a part-3 and part-4 storey building containing 8 dwellings and a single commercial tenancy and at grade parking for 10 vehicles with an approved FSR of 1.289:1 (ie., GFA of approximately 653 sqm over a site area of 506.6sqm). The approved building at No. 309 Bunnerong Road, further to the north has an approved FSR of 1.75 and is a 4 storey mixed use development. In terms of bulk and scale, the proposal will not be out of character with that already approved at No. 309 – 311 and 313 Bunnerong Road.

 

·      The proposal has provided a central courtyard in the southern section of the building adjoining the internal courtyard of the approved development in the adjoining southern site at No 313 Bunnerong Road which has the effect of breaking the mass of the proposed building by extending this adjoining internal courtyard into the subject site while ensuring solar access is maintained to southern adjoining development.

 

·      The proposal does not represent an overdevelopment of the site in that it maximises the usability of the land given its local business centre location on a main road with open space areas adjacent to living areas and are suitable in their quantity and dimension.

 

·      There are no views affected by the proposal.

 

·      The proposed development is not inconsistent with the dominant character of the locality maintains an even distribution of scale and form to ensure that adequate character/scale elements are afforded to both street and lane frontages.

 

·      Existing development on the site has a density less than that envisaged by the 3(B) zone. The addition of eight dwellings in this location is not excessive and can be accommodated on the site.

 

·      Adjacent sites have approved developments of a scale which is consistent with proposal and the future potential of adjoining sites to the south yet to be developed.

 

In view of the above it is considered that the compliance with the development standard is unreasonable or unnecessary in the circumstances of the case.

 

Building Height 

·      The proposed development will provide an appropriate builtform and edge to Bunnerong Road generally consistent with the builtform and street edge effects envisaged under the Randwick LEP 1998 given the mixed local business characteristics of the site.

 

·      It is considered that a development compliant with the prescribed height control would be unreasonable in the subject site in that the additional height does not represent a distortion to the redevelopment potential of the land given that the two allotments to the north of the subject site at 309 – 311 and 313 Bunnerong Road have been approved for 3 – 4 storeys, both with main building heights of 12.77m. As such, the bulk and scale of the proposal will not be out of character with surrounding development. 

 

·      The breach in the height standard will not be discernible by way of visual bulk and scale when viewed in conjunction with the adjoining development heights to the north from the street level particularly given the setback of all residential levels from Bunnerong Road boundary over the ground floor metal awning.

 

·      The proposal will achieve an appropriate stepping down in height from Bunnerong Road through to the rear of the site, effecting a reasonable transition in building height and scale of development from the Bunnerong Road frontage to the rear boundary.

·      The height of the rear component provides visual consistency with the height of the rear of the adjoining approved development at 313 Bunnerong Road, which has a similar building envelope. This contributes a better outcome for amenity to the future occupants of the dwellings toward the rear of the site.

 

The development meets the stated and underlying objectives of the height standard. As such it is unnecessary and unreasonable to enforce the height standard in the circumstances of the case.

 

In conclusion, the submitted SEPP 1 objections have addressed the consistency of the proposed development with the underlying and stated purposes of the standard, the local planning objectives for the locality and objectives of the Act. The objections have appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case. As such, it is considered that the objections are well founded.

 

Matter 2

The Court must be of the opinion that “granting of consent to that development application is consistent with the aims of this Policy as set out in clause 3” (clause 7 of SEPP 1).

 

The aims and objects of SEPP 1 set out in clause 3 are to provide “flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5(a)(i) and (ii) of the Act”. The last mentioned objects in section 5(a)(i) and (ii) of the Act are to encourage:

 

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

(2) the promotion and coordination of the orderly and economic use of developed land.”

 

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

 

The proposal is also consistent with the relevant objectives of Residential 3B Zone in that it will allow development of a mixture of housing types and affordability, while providing opportunities for local retail and business development in the vicinity, which is consistent with the desired character of the locality.

 

Matter 3

The Court must be satisfied that a consideration of the matters in clause 8(a) and (b) of SEPP 1 justifies the upholding of the SEPP 1 objection. The matters in clause 8(a) and (b) are:

 

“(a)  whether non-compliance with the development standard raises any matter of significance for State or regional environmental planning, and

(b)    the public benefit of maintaining the planning controls adopted by the environmental planning instrument”.

 

The proposed development and variation from the development standard do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not aid in maintaining the ability to provide opportunities for local retail and business development in the City of Randwick, and provide opportunities for residential accommodation in local business centres where it does not interfere with the primary business function of the zone. The proposal will aid to encourage housing affordability and provide a mixture of dwelling types.

 

Ways of establishing that compliance is unreasonable or unnecessary

Preston C J expressed the view that an objection under SEPP 1 may be well founded and be consistent with the aims set out in clause 3 of the Policy in a variety of ways:

 

First

The most commonly invoked way is to establish that compliance with the development standard is unreasonable or unnecessary because the objectives of the development standard are achieved notwithstanding non-compliance with the standard.

 

The rationale is that development standards are not ends in themselves but means of achieving ends. The ends are environmental or planning objectives. If the proposed development proffers an alternative means of achieving the objective, strict compliance with the standard would be unnecessary and unreasonable.

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the proposal will achieve the objectives of the development standard.

 

Second

A second way is to establish that the underlying objective or purpose is not relevant to the development with the consequence that compliance is unnecessary.

 

Comments:

The underlying objective or purpose of the standard is relevant to the subject development.

 

Third

A third way is to establish that the underlying objective or purpose would be defeated or thwarted if compliance was required with the consequence that compliance is unreasonable.

 

Comments:

The underlying objective of the standards would not be defeated or thwarted as full compliance in this instance is unreasonable.

 

Fourth

A fourth way is to establish that the development standard has been virtually abandoned or destroyed by the Council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable.

 

Comments:

The FSR and Maximum Building Height development standards have not been abandoned or discarded by any decision or actions of Council.

 

Fifth

A fifth way is to establish that “the zoning of particular land” was “unreasonable or inappropriate” so that “a development standard appropriate for that zoning was also unreasonable or unnecessary as it applied to that land” and that “compliance with the standard in that case would also be unreasonable or unnecessary.

 

Comments:

The existing Residential 3B zoning is not considered to be inappropriate for the locality, which is characterised by higher density mixed use development. 

 

6.    Community Consultation

 

The proposal was notified and advertised from 21 October – 4 November 2009 in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. In response, five (5) submissions and one (1) petition containing 17 signatures were received raising the following issues (in summary):

 

·      Excessive and non complying height of the proposed development

 

Comment: The height of the proposal is discussed in section 110.1 of this report.

 

·      The proposed development exceeds the maximum floor space ratio control and represents substantial overdevelopment of the small site

 

Comment: The floor space ratio of the proposal is discussed in section 11.1 of this report.

 

·      The proposal severely compromises the solar access enjoyed by the existing development to the south at No. 317 Bunnerong Road

 

Comment: Shadow impacts resulting from the proposal are dealt with in section 10.4 of this report.

 

·      The proposed development does not have any side setbacks and result in excessive bulk and mass at the boundaries adjoining No. 317 Bunnerong Road

 

Comment: The proposed setbacks are permissible within 3B Local Business Zones. Shadow impacts resulting from the proposal are dealt with in section 10.4 of this report, and the floor space ratio and height of the proposal are discussed in section 11.1 of this report.

 

·      Building close to the boundaries results in loss of view

 

Comment: The proposed development will not impact on any significant views from surrounding properties.

 

·      The proposal does not comply with the parking requirement and exacerbating existing parking constraints

 

Comment: Council’s DCP for Parking requires, amongst other things, car parking to be provided for multi-unit residential development at a rate of 1.2 spaces per 2 bedroom dwelling, 1.5 spaces per 3 bedroom dwelling and 1 visitor space per 4 dwelling units. The proposal falls short by three (3) spaces with the parking rates specified in the DCP – Parking. Notwithstanding this, the application has been assessed by Council’s Development Engineers and subject to appropriate conditions of consent and the amended plans submitted by the applicant, no objections have been raised in relation to vehicular access, traffic, or pedestrian safety. For detailed discussion parking and traffic issues, refer to section 11.2.1 of this report.

 

·      Increased volume of traffic to Wild Lane

 

Comment: Traffic and parking issues are dealt with in Section 11.2.1 of this report. 

 

·      The proposal fails to comply with zoning and development objectives

 

Comment: The scale of the proposal is considered appropriate in the context of the width of Bunnerong Road and the future development potential of surrounding sites. The proposed development is of a similar scale to the development under construction at No. 313 Bunnerong Road and the development approved for No. 309-311 Bunnerong Road. Despite the non-compliances with the height standards and floor space ratio standards, the proposal does not result in any inconsistencies with the objectives of the Local Business Zone 3B under Randwick Local Environmental Plan 1998. Refer to Sections 9.1 for detailed assessment.

 

·      The multi unit development will attract younger tenants and disturb the low density family/residential nature of the area

 

Comment: The proposal will promote the strategic objectives of the 3B local Business Zone by introducing a mix of retail/commercial uses and residential development within the area and focuses density within walking distance of public transport and services provided within a business zone.  The effect of the proposal would be to bring more people to the site and the demographic characteristics of this population are likely to include, single persons or share households; young couples such as first home buyers; “empty nester” household; and young families. It is likely that there will be a mix of incomes amongst residents with some units being owner occupied and others being rented. The added population will generate additional needs for businesses, employees and patrons which will in turn encourage the location of services and facilities into the area.

 

·      Increase in noise and disturbance

 

Comment: See Assessment above.

 

·      The balconies to the rear of the site will overlook the properties across Wild Lane

 

Comment: A suitable condition has been imposed to ensure the balustrades are constructed of solid material or obscure glazing.

 

Following receipt of amended plans on 10 February 2010, the application was re-notified to surrounding residents from 18 February – 4 March 2010. As a result of the second notification, four (4) submissions were again received raising the following concerns: -

 

·      The development will further exacerbate parking and access issues which are not adequately addressed due to the non-compliant number of parking spaces.

 

Comment: Council’s DCP for Parking requires, amongst other things, car parking to be provided for multi-unit residential development at a rate of 1.2 spaces per 2 bedroom dwelling, 1.5 spaces per 3 bedroom dwelling and 1 visitor space per 4 dwelling units. The proposal falls short by three (3) spaces with the parking rates specified in the DCP – Parking. Notwithstanding this, the application has been assessed by Council’s Development Engineers and subject to appropriate conditions of consent and the amended plans submitted by the applicant, no objections have been raised in relation to vehicular access, traffic, or pedestrian safety. For detailed discussion parking and traffic issues, refer to section 11.2.1 of this report.

 

·      The application should not be allowed to exceed the height limit of 9 metres specified in the Council's LEP for that property in that location and represents over-development of the site.

 

Comment: The scale of the proposal is considered appropriate in the context of the width of Bunnerong Road and the future development potential of surrounding sites. The proposed development is of a similar scale to the development under construction at No. 313 Bunnerong Road and the development approved for No. 309-311 Bunnerong Road. Despite the non-compliances with the height standards and floor space ratio standards, the proposal does not result in any inconsistencies with the objectives of the Local Business Zone 3B under Randwick Local Environmental Plan 1998. Refer to Section 5 for detailed assessment.

 

Further, the applicant has submitted a SEPP 1 objection to address the non-compliances and an assessment of the SEPP No. 1 objection indicates that it has:

 

§  Articulated the underlying stated objectives of the standard clearly.

 

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

 

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

·      The approved development at No. 313 Bunnerong Road should not set a precedent for excessive development and should not have been approved.

 

Comment: The development under construction at No. 313 Bunnerong Road, adjoining the subject site was subject to detailed environmental assessment by Council officers, SEPP 65 Panel, and Councils development engineers and found to be suitable for the site and surrounding areas. Further, each application is subject to an independent merit based assessment. The height, bulk and scale of the proposal at 3/4 storeys has been assessed and found to be appropriate in the builtform context of the site and the adjoining development at 313 Bunnerong Road, which is of a similar scale and design. 

 

·      The eastern balcony balustrades should be of solid/obscure glass construction so that the occupants cannot overlook the dwellings across Wild Lane.

 

Comment: A suitable condition has been imposed to ensure the balustrades are constructed of solid material or obscure glazing.

 

·      Will the rubbish bins be collected from Bunnerong Road or Wild Lane?  There is currently existing problems with rubbish/illegal dumping and the laneway is not wide enough to accommodate garbage trucks and bins on the kerb.

 

Comment: The proposed garbage collection and waste areas are located toward Bunnerong Road. The proposal has been provided with sufficient bin storage areas for the needs of future occupants. The bin collection will be off Wild Lane as per the adjoining mixed use development as collection cannot be provided off Bunnerong Road.

 

·      The stated cost of works for the development appears to be too low.

 

Comment: A detailed cost summary report prepared by a quantity surveyor was submitted with the application and is considered to be acceptable. 

 

·      The amendments to the plans result in increased shading to No. 317 Bunnerong Road.

 

Comment: Shadow impacts from the development are discussed in section 11.4 of this report.

 

·      It is not appropriate to justify non-compliance with development standards by comparing the proposed development with adjacent developments.

 

Comment: The context of the subject site, including recent approvals and development under construction, are of relevance in the assessment of the proposal.

 

·      The roof should be lowered and the development set in from the sides in order to reduce impacts on No. 317 Bunnerong Road.

 

Comment: The impacts of the proposed development are dealt with in this report and are considered to be acceptable.

 

7.    Technical Officers Comments

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

7.1      Manager Environmental Health and Building Services

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

 

Building Services comments

 

The Proposal

The proposal provides for the demolition of the existing buildings located upon the site and construction of a new part 3 and part 4 storey mixed residential and commercial development.

 

BCA Building Classification

Class        -      6      (Retail/Shops)

Class -      2      (Residential units)

Class        -      7a    (Carpark)

 

Background

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

 

Key Issues

 

Building Code of Australia (BCA):

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

 

Site Management:

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

 

Access for people with a disability:

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

 

Access for people with a disability is required to be provided to the ground floor shop in accordance with the provisions of the BCA.

 

It is noted that the plans detail a disabled access ramp affording access to the proposed commercial complying with the BCA and AS1428.

 

The applicant or other person having the benefit of the consent is also advised to fulfil their obligations under the DDA.

 

RECOMMENDATION:

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

 

7.2      Development Engineers

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

 

Landscape Comments

There is no significant vegetation either within the subject site, or on adjoining residential properties that would be affected by this application, and while there is a row of large and established trees beyond the rear (eastern) boundary, within Wild Lane, they are located to the northeast of this site, and will not be affected.

 

While this property has a Commercial 3(b) Zoning, which does not require the dedication of any areas of the site for the purposes of landscaping, both the submitted Statement of Environmental Effects and plans propose a centralised courtyard incorporating raised planters and landscaping, which is supported by Council given the benefits this will provide to future occupants, with conditions specifying the minimum requirements for such an initiative.

 

The public footpaths of recently completed developments in this vicinity have not been upgraded in accordance with Council’s Urban Design Guidelines for the Maroubra Commercial Centre, and in order to ensure that equal and consistent treatment is provided for this site, this requirement will not be imposed for this application either, with the inclusion of street trees on the Bunnerong Road frontage not possible due to the proposed overhead awning which will extend across the width of the footpath (boundary to kerb), as well as along the full length of the site.

 

Drainage Comments

The owner/applicant has produced a flood study for the adjoining property (313 Bunnerong Rd). This flood study was undertaken by Webb Mckeon, (now WMA Water). Based on the information contained in the submitted flood study, the minimum floor level for all habitable and storage areas (excluding the carpark area) should be RL.22.30 (AHD), and the carparking area should be at a minimum be RL 22.15 (AHD), or suitably protected from flooding up to this same level.

 

On site stormwater detention is required for this development.

 

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

 

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

 

The driveway opening at the Wild Lane frontage must be a minimum of 3.6 metres wide.

 

In response to residents previous concerns regarding the traffic issues in Wild Lane, the Assessment Planner is advised that at the October 2002 Randwick Traffic Committee it was recommended and subsequently adopted by Council that:

 

1.  Wild Lane be converted to a one way southbound movement from Wild Street to Kingsford Street subject to approval from the RTA.

 

2.  All residents/businesses with access off Wild Lane be informed of the outcome.

 

3.  The action of converting Wild Street to a one way movement requires Council to prepare a Traffic Management Plan as described in the Delegation to Councils-Regulation of Traffic. Under these circumstances the advice of the RTA representative is offered without prejudice and will not be construed as embodying the concurrence of the Roads and Traffic Authority.

 

It is the Development Engineer’s understanding that no firm action has been undertaken with respect to the above resolutions since they were agreed to. Council’s current Manager Transport and Traffic has been recently advised of the above actions /resolutions  and any future action on this matter is now with the Manager and the Traffic and Transport’ team.

 

It is noted that converting Wild Lane to one-way is likely to reduce the vehicular conflicts currently experienced in the laneway. It must be noted however, that the conversion is still subject to approval from the RTA.

 

The Development Engineer does not consider that development approval should be subject to the RTA concurring with Council’s recommendation to make Wild Lane one way. It is understood that the problems in Wild Lane are due largely to tight blind bends and narrow carriageway widths, rather than high traffic volumes alone. Given that the traffic generation rate for the proposed development during the morning and afternoon peaks is anticipated to be only some 4-5 vehicles per hour, it is considered appropriate for the problems in Wild Lane to be addressed separately to the development application.

 

It should be noted, however, that whilst the Development Engineer does not recommend that the application be refused due to the problems in Wild Lane, measures should be undertaken to ensure safe access to and from the site. The following conditions have been included in this report to improve safety:

 

·       The applicant shall meet the full cost for the design and construction of traffic controlling/speed slowing devices in Wild Lane to improve safety for vehicles entering and exiting the site. The required traffic calming measures shall be determined by Council’s Manager Transport and Traffic and the Randwick Traffic Committee and may include (but not necessarily be limited to) road narrowing, warning signage, sighting mirrors and/or raised threshold/s.

 

·       To improve pedestrian and vehicular vision at the site entrance/exit point, all new walls/structures/planting adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level (for at least the first 1.5 metres) or splayed a minimum 1.5 metres by 1.5 metres.

 

·       Due to limited sight distance to the south for vehicles exiting the site, ‘stop’ signage and line marking shall be provided along the site boundary at the exit point to ensure that vehicles stop and that drivers look for vehicles travelling north-bound in Wild Lane Prior to exiting the site.

 

The Development Engineer does not object to the width of the proposed access driveway particularly given the site constraints due to flooding, combined with the low traffic volumes. The proposed holding bay will be more useful if combined with a signal system to indicate if vehicles are exiting the basement carpark along the ramp. A condition relating to the design and installation of a signal system has been included within this report.

 

Residential Parking Provision –

 

        6x1 Bedroom Units = 6x1             =6.0

        4X2 Bedroom Units = 4x1.2          =4.8

        Visitor Parking (0.25 per unit)       =2.5

 

TOTAL RESIDENTIAL REQUIRED            13.30

 

Commercial Parking Provision

 

1 space per 40sqm (Retail Space Proposed is 40sqm) = 1 spaces required

 

Total Parking Spaces required for the development is 14 spaces.

Total Parking Spaces provided is 11 spaces

 

Deficiency in parking of 3 spaces.

The plans submitted do not show proposed allocation of car spaces. Development Engineering recommends that should the application be approved it be subject to 10 spaces to residential and 1 space to commercial and thus no visitor car spaces.

 

Carpark layout 

The carpark layout is extremely tight. The plans submitted indicate that the majority of spaces and travel aisles technically comply with the relevant provisions of AS2890.1-2004 however certain discrepancies occur when entering / exiting spaces 1 and 11. All carspaces will require tight turning manoeuvres however it is considered desirable to maximise the onsite parking. Conditions relating to the design of the carpark and access ramp have been included within this report.

 

Service Authority Comments

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

 

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

 

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

 

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

 

Given that the proposed works will be between $1 million and $2 million the applicant will be required to meet all costs associated with replacing any overhead wires with aerial bundled cables in the vicinity of the development site, however a site inspection has revealed there are no power lines fronting the site that need to be aerial bundled.

 

Awning Comments

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

 

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

 

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

 

8.    Master Planning Requirements

 

Clause 40A(1) of RLEP 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 4,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The site has a land area of 464.7m² and a master plan is not required.

 

9.    Statutory Instruments and Controls

 

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

 

·      Randwick Local Environmental Plan 1998

·      State Environmental Planning Policy 1 – Development Standards (SEPP 1)

·      State Environmental Planning Policy 65 – Design Quality of Residential  Flat Buildings (SEPP65)

·      Development Control Plan  – Parking

·      Section 94A Contributions Plan

 

9.1    Randwick Local Environmental Plan 1998

The Randwick Local Environmental Plan 1998 (Consolidation) was gazetted on 15 January 2010.  Clause 7 of the Randwick Local Environmental Plan 1998 (Consolidation) requires that a development application lodged but not finally determined prior to the appointed day will continue to be assessed and determined under the provisions of the Randwick Local Environmental Plan 1998 that was in force immediately before the commencement of this plan. The subject application was lodged on 8 October 2009 and is therefore subject to the savings provision. Further, when determining an application to which this clause applies, the consent authority must have regard to the provisions of this plan as if it had been exhibited under the Act but had not been made.

 

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

 

The following clauses of the LEP apply to the proposal:

 

Clause 32 (3) of the Randwick LEP 1998 requires buildings in 3B business zones to have a maximum floor space ratio of 1:1.  Additionally, under Clause 33 (5), the maximum permissible overall height for a building within a 3B zone is 9m. The proposal has a floor space ratio (FSR) of 1.43:1, which equates to 666.5m2 gross floor area and an overall building height of 13.3m. This does not comply with the Randwick LEP requirements.  

 

Clause

Requirement

Proposal

Compliance

40

Excavation and filling of land

The subject site has a flat terrain and the proposal does not require significant excavation and earth filling other than that required to accommodate relevant foundation and site works.

 

Complies

14

3B local business zone – zone objectives  

The proposed development is permissible within the zone and generally consistent with the relevant objectives of the zone.

 

Complies

32 (3)

The following requirement is contained in the RLEP 1998 is: - Floor space ratio

 

The proposal has an FSR of 1.43:1

No (SEPP No.1 lodged)

33 (5)

The following requirement is contained in the RLEP 1998 is: - Maximum building height 9m

The proposal has a maximum overall height of 13.3m 

No (SEPP No.1 lodged)

 

The subject site is not in the vicinity of a heritage item and is not located in a heritage conservation area or foreshore scenic protection area. Non-compliance with LEP controls has been discussed in detail under Section 5 of this report.

 

9.2    Relevant State Environmental Planning Policies

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

 

·      State Environmental Planning Policy 2004 – Application of Development Standard

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

 

The application of these policies to the proposal is addressed in section 11 below.

 

10. Policy Controls

The Policy controls applicable to the proposed development are:

 

·      Development Control - Parking

 

The application of these DCPs is assessed in Section 11.2 below.

 

11. Environmental Assessment

 

11.1  Statutory Controls – S79C(1)(a)

 

11.1.1        Randwick Local Environmental Plan 1998

The proposal does not comply with the maximum floor space ratio and overall building height for development within 3B Local Business Zone standards of the Randwick Local Environmental Plan 1998 as follows:

 

Clause

Requirement

Proposal

Compliance

32 (3)

The following requirement is contained in the RLEP 1998 is: - Floor space ratio

 

The proposal has an FSR of 1.43:1

No (SEPP No.1 lodged)

33 (5)

The following requirement is contained in the RLEP 1998 is: - Maximum building height 9m

The proposal has a maximum overall height of 13.3m 

No (SEPP No.1 lodged)

 

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

 

SEPP 2004 – Application of Development Standards

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

 

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

 

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

 

SEPP 65 – Design Quality of Residential Flat Development

The proposal is subject to the provisions of State Environmental Planning Policy No. 65 (SEPP 65) – Design Quality of Residential Flat Buildings. SEPP 65 issues are addressed in Section 11.3 below.

 

11.2  Policy Controls

 

11.2.1 Development Control Plan – Parking

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

 

 

Rate

Required

Proposal

Business Premises

1 per 40m2 GFA

(39.68sqm)

= 1 space

1 space

Studio

1 per 2 dwellings

2 units = 1 space

 

 

10 spaces provided

1 Bedroom

1 per unit

4 units = 4 spaces

2 Bedroom

1.2 per unit

4 units = 5 (4.8) spaces

Visitor

1 per 4 units

10 units = 2 spaces

Total car spaces

 

 14 spaces

11

 

The total carparking requirement for the proposal under the DCP – Parking is 14 carspaces. The proposal will provide 11 car parking spaces, resulting in a shortfall of 3 carspaces.  The physical constraint of the subject site combined with the prohibition of any vehicular access on Bunnerong Road constricts the provision of parking spaces in the basement.

 

The deficiency of 3 spaces will not result in significant additional parking demand in the area and will not exacerbate the parking deficiencies noted by residents for the following reasons:

 

·      The proposed development is located on a major thoroughfare being Bunnerong Road which is well served by public buses linking the subject site to the Sydney CBD, local and regional centres.

 

·      There is adequate on-street carparking available given the existing restrictions applicable to parking on the Bunnerong Road and surrounding local streets. This is supported by Council’s Development Engineers as detailed in Section 7.2 of this report.

 

11.2.2   Section 94A Contributions

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

 

Category

Cost

1               Applicable Levy

2               S94A Levy

Development cost

$100,001 - $200,000

Not applicable

0.5%

Not applicable

Development Cost

More than $200,000

$1,685,750

1.0%

$16,857.50

 

11.3  Urban Design

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

 

§  A frontage to Bunnerong Road incorporating well proportioned bays containing recessed deck areas and a combination of vertical and horizontal elements and various window and door openings. This serves to provide visual interest and break potential visual bulk, as well as provides improved casual surveillance. 

 

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

 

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

 

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

 

1.               Relationship to the Context of the Proposal 

The proposal is for the redevelopment of a small remnant site on the eastern side of the busy Bunnerong Road, between the Eastgardens shopping centre and Maroubra Road. While there is a mix of building types in the vicinity of the site, the context is generally characterized by mediocre buildings that lack any urban cohesion.

As the zoning anticipates, the site is located in a pocket of properties ideally suited to more intensive urban use, allowing a mix of commercial and residential uses. Wild Lane gives continuous service access to the rear of the lots.

The proposal is for a compact courtyard apartment building, with four floors of small units. A shop and residential entry are proposed to the Bunnerong Road frontage, while an at-grade car park with services is accessed from the lane.

A thin cross-section and plan is proposed, built predominantly to the street alignment.  In principle the type and massing are satisfactory; however the Panel considers that the design can be improved in many regards, as set out below.

A key difference between this site and its immediate neighbour to the north is the taper in length and width of the site, which restricts the ability of this site to achieve the same built form and density as its neighbour.

There is a need for greater contextual analysis to support the full DA. This remains to be done, and could be helpful in supporting the proposed massing. No further contextual analysis has been submitted.

 

2.               The Scale of the Proposal

The scale, height, setbacks and built form of the proposal could be generally supported, dependant on carrying through the modifications set out below.

 

3.               The Built Form of the Proposal

As noted above, the built form proposed needs revision, and the Panel makes the following comments with the aim of improving the design:

 

·              The Panel is concerned that the clutter of stairs, exhaust stacks and balconies projecting into the courtyard space is totally unacceptable, as it makes a nonsense of the space that all units will rely on for light, privacy and amenity.

The courtyard and stairs have been improved, however the front stair should be brought more within the main mass of building, rather than projecting so far into the courtyard.


The courtyard and stair have been further improved and are now satisfactory.

The stair from the street could be within this stair block.

Despite the architect considering alternatives, this remains a problem. The stair would benefit from a small translucent cover to stop rain running down the stairs - should be required by condition.

·              The stairs should be pulled back within the western building, and covered throughout. A simple covered canopy should give stair access to the eastern block that should be accommodated where the kitchens currently sit.

The eastern stair has been improved, however it could be brought more into the building volume also.

Now satisfactory.

·              The balconies of the eastern building should not protrude into the courtyard, which necessitates the reduction in area of the eastern units.

The revised projection of the balconies is now acceptable. However the solid sides of the balconies should be reviewed to allow more northern sun to the rooms within.

Now satisfactory – glass blocks well integrated in side walls.

·              The high wall of the courtyard on the southern boundary should be considerably reduced, to allow reasonable amount of sun to be retained to the southern neighbour - This needs further consideration.

Reduced in height - now satisfactory.

·              The courtyard needs to be totally redesigned to include planting, some in deep soil. This is an important aspect for all units, and a permanent green outlook and screening is required.

Now satisfactory – planting should be required by condition.

·              Windows and doors facing east and west need solar protection.  This needs to be considered now as it will affect the overall aesthetic - All top floor balconies need to have shelter also.

Top floor balconies need a solid, translucent or operable ‘vergola’ roof, not just a pergola - should be required by condition.

·              The units on the west side on all levels should be re-planned to better relate to the street. Units 2, 6 & 10 should be pulled back so as not to step into the space of the courtyard - partially done

Wall between living and balcony should be lightweight to open the room better to the balcony and simplify corners - should be required by condition

·              The units on the east side on all levels should be re-planned to better relate to the lane.  The living rooms should orient to the lane and have access to the balconies - partially done

·              The floor to floor heights clearly do not comply with RFDC standards and need to be increased.

 

·              The top floor units would be better extending to the side boundaries, and at 42m2 may be better configured as generous studios. – Done - Now satisfactory

 

·              There is the potential for much more use of the roof, in terms of green roofs, ESD, usable space or better use of the cross section to make better interiors. – Greater use of the cross section for the rear building would create much more amenable living room volumes, with improved environmental performance. north lights added  - Now satisfactory

 

4.               The Proposed Density

It is the Panel’s opinion that the proposed density could be suitable in this urban context, which is well served by public transport and is convenient to a reasonable range of public places, facilities and shopping.

However any argument for additional density should be supported by design quality, and good amenity for all dwellings. This is not currently the case, so the Panel considers that the density may need to be reduced. Now satisfactory.

5.               Resource and Energy Use and Water Efficiency

With the revisions noted above, the building should perform satisfactorily.

 

·            Good cross ventilation to units can be provided uniformly by the plan.  It could be improved if high level windows were provided to the central courtyard - Now satisfactory

·            An improved roof design with clerestory windows could be used to capture winter sun and provide added light and ventilation.  Drawings should indicate roof thicknesses for falls and insulation - Now satisfactory

·            It would be good to have as many bathrooms and laundries as possible on the external wall, with openable windows.

·            As noted above, solar protection should be provided to windows on the east and west façades normally required by BASIX - should be required by condition

·            Ceiling fans should be provided throughout – the Panel would like to see these dotted in plan. - should be required by condition

·            Cross ventilation should be able to be maintained at night without compromising security.  Sliding doors to balconies will not provide this and consideration needs to be given to fanlights, windows or other ventilation options.- this has not been done.  Large awning windows also provide very restricted cross ventilation options - should be required by condition

 

The improvements listed above have not as yet been fully incorporated into the DA plans. Improved – the remainder can be required by deferred commencement conditions.

 

6.               The Proposed Landscape

A capable qualified landscape architect should be engaged to prepare the landscape design.

 

The current proposal does not have any landscape area. Due to the higher density the Panel recommends that landscape areas be required.  Cutting back the car park to a minimum width may allow deep soil planting along the southern boundary.  A large tree on the lane frontage would increase amenity enormously by providing visual relief, privacy and shading.

 

The landscape design should include the upgrading of the footpaths, and the planting of street trees in Bunnerong Road. The landscape architect should coordinate with Council regarding these public domain improvements.

 

The landscape design remains unsatisfactory, and urgently needs to be addressed.

A long section also needs to be provided, showing set downs in the courtyard to accommodate deeper planters.  Deep soil could be provided to the southern boundary and within the courtyard area.

 

Landscape Plan should be required by condition. Deep soil to rear lane reasonable.

 

7.               The Amenity of the Proposal for its Users

The common areas and the amenity of the units can be further improved throughout, for example;

-               the main balconies are generally too awkward and narrow

-               the second bedrooms in Units 3 & 4 deny light and air to the living rooms

-               the garbage area should be moved to a position that does not compromise the unit above.  The lane elevation would then be able to be improved and natural light introduced to the car park and entry from the lane.

-               The entrance from Bunnerong Road is mean and will collect rainwater. Moving the car parking to the east would make it possible to re-plan the ground floor frontage and move the entrance to the centre of the site entering the western stair directly.  This should be investigated.

The site is noisy. Solid and glass balustrades and double glazing can help but acoustic absorbent finishes should be provided on the ceilings of balconies and, where exposed on side walls.  Most of the above are now satisfactorily addressed.

 

8.                The Safety and Security Characteristics of the Proposal

It would be beneficial for a more defined and welcoming lobby and entrance stair to be provided at the western end.

The ground floor lobby to the shop is unsatisfactory and needs further design resolution. The Panel suggests that a stair chair could be located within the shop.

As above, the Panel suggested further improvements to the entry and shop, to create a more welcoming presence to the street. - Now satisfactory

BCA advice should be sought with regard to the stairs, spandrel separation, egress and the like.

 

9.                Social issues

The apartment configuration and small sizes proposed would seem to be appropriate to diversify the housing choice available in the area. The Panel would prefer slightly more variation in plan types and sizes – for instance providing some units that are suitable for couples, or couples with a young child.

 

10.          The Aesthetics of the Proposal

Currently the scheme does not demonstrate sufficient quality to meet SEPP 65. Subject to the changes suggested above being made, the proposed building could represent a positive addition to Kingsford.

 

The overall design and aesthetics are improved, but require further resolution to be acceptable.

 

More information on materials and finishes is required, as set out in the RFDC.

The proportions of the west elevation could be improved by making the openings to the balconies a little larger thereby reducing the bulkiness of the cross element.  The top floor to the west needs to be drawn to indicate the setback that exists.

 

SUMMARY AND RECOMMENDATIONS

This Development Application has the potential to develop into a good proposal, but it still fails to meet all SEPP 65 requirements.

 

The Panel appreciates that the architect is in the process of improving the scheme. The Panel looks forward to seeing the revised DA, amended and further refined as suggested above.

 

The design is now satisfactory in terms of SEPP 65 - the remaining issues can be required by deferred commencement conditions.

 

Comment: The proposal has been before the Panel three times. The application, as amended in accordance with the recommendations of the Design Review Panel, has adequately addressed a majority of the Panel’s concerns as noted above and represents a significant improvement over the earlier design of the original proposal. Where deficiencies still exist, conditions can be appropriately applied to ensure the provisions of SEPP 65 are met. Accordingly it is considered that the application does not require any further referral to the Panel. Remaining outstanding issues have been dealt with by way of proposed deferred commencement conditions of approval.

 

11.4    Impact on adjoining development

 

11.4.1  Overshadowing

The proposed development will result in additional shadow impacts of the adjoining property to the south of the subject site, No. 317 Bunnerong Road. Shadow elevations submitted with the application indicate that the development will result in the loss of sunlight to all of the north-facing windows in the residential flat building located on No. 317 Bunnerong Road during the hours of 9am to 3pm on 21 June, being the winter solstice. In addition, there will be substantial additional shading over the rear of No. 317 Bunnerong Road during this period, with additional shading also over a portion of the front and side yards of this adjacent property.

 

While it is acknowledged that the proposed development will result in significant additional shading of No. 317 Bunnerong Road these impacts are considered to be acceptable for the following reasons:

 

·      No.s 315 and 317 Bunnerong Road are located in the 3B Business zone, not a residential zone and it is anticipated that No. 317 Bunnerong Road would potentially be redeveloped to a similar scale as the previously approved development at No. 315 Bunnerong Road and the proposed development at No. 317 Bunnerong Road at some time in the future.

 

·      The relevant development standards allow for development to a height of 9 metres over the entire site with nil setbacks to property boundaries. A development which complied with these standards would still result in substantial shadow impacts on the adjacent property to the south.

 

·      The proposed development is of a similar scale to the adjacent approved developments at No. 309-311 Bunnerong Road (which has an FSR of 1.75:1) and No. 313 Bunnerong Road (which has an FSR of 1.28:1). The proposed development has an FSR of 1.43:1.

 

·      The proposed development is in two main building forms with a raised courtyard area located between the two building bulks. The nature of the design is such that it provides for sunlight penetration to the centre of the adjacent site to the south, No. 317 Bunnerong Road, which would provide for adequate sunlight access for that adjacent property if it was to be developed in a similar manner in the future. Presently the sunlight provided to No. 317 Bunnerong Road by this break in the proposed building form will fall on the roof of the flat building located on that adjacent property. The proposed building form is also similar to the approved development at No. 313 Bunnerong Road with the two building bulks being similarly aligned and the breaks in the building forms being located adjacent to each other.  

 

11.4.2           Privacy Impacts

Decks facing into the central courtyard are to have glass block privacy screens to block viewing into the adjacent properties to the north and south of the subject property. As previously detailed, a proposed condition of consent requires the glazing of the balustrades to the decks fronting Wild Lane to be with opaque glass. This is considered to be adequate to limit impacts to properties located on the opposite of the laneway.

 

Rooms to be constructed fronting the laneway are considered to be of low-use, being bedrooms/studies. Privacy impacts from these rooms are considered to be acceptable and it is considered that it would be overly onerous to require the provision of opaque glazing in the relevant windows.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:                 Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The SEPP 1 objection lodged with respect to the non compliance with the maximum floor space ratio and height standard is considered to be well founded in the circumstances.

 

The proposed building is appropriate on the site given the desired future character of the area and the objectives contained within the RLEP 1998. The development proposes a building envelope, height and façade treatment that generally meets the relevant criteria and fulfils these objectives.

The proposed development is not considered to give rise to detrimental impacts on surrounding developments. Visually, the proposal will have a design that contributes to the existing streetscape whilst being consistent with the desired future character of the area having regard to the transitional nature of development in the area.

 

The application is recommended for approval subject to conditions outlined in this report.

 

 

Recommendation

 

A        That Council support the objections under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clause 32 (3) for maximum floor space ratio and Clause 33 (5) for maximum overall building height of the Randwick Local Environmental Plan 1988, 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, grants development consent as a “Deferred Commencement” under Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/727/2009 for permission to demolish the existing building and construction of part 4, part 3 storey mixed use development comprising one retail tenancy, 10 residential units, carparking for 11 vehicles accessed from Wild Lane (SEPP1 objections to floor space ratio and maximum building height controls) at 315 Bunnerong Road, Maroubra, subject to the following conditions:

 

Deferred Commencement Conditions

 

          The consent is not to operate until the following have been submitted to and approved by Council’s Director of City Planning:

 

1.  A translucent roof cover is to be provided to the external stairs located within the internal courtyard.

 

2.  The balconies to units 9 and 10 facing into the internal courtyard are to have solid, translucent or operable vergola roofs.

 

3.  Living areas and bedrooms of all residential units are to have ceiling fans.

 

Evidence required to satisfy the above conditions must be submitted to council within 12 months of the date of this consent.

 

DEVELOPMENT CONSENT CONDITIONS

 

REFERENCED PLANS:

 

1.       The development must be implemented substantially in accordance with the plans numbered DA01 rev D - DA05 rev D , dated 5/3/10 and received by Council on 9/3/10 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.       All balcony balustrades facing Wild Lane must be constructed of solid material or obscure glass to minimise overlooking toward the residential properties to the east of the site. Details of compliance are to be demonstrated in construction certificate plans.

 

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

 

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

 

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

 

6.       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.

 

7.       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.

 

8.       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.

 

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

 

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

 

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

 

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

 

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

 

The following condition is applied to promote occupant safety in the building.

 

11.     Openable 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:

 

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

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

·      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,

·      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),

·      Other appropriate effective safety measures or barrier.

 

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

 

12.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,685,750, the following applicable monetary levy must be paid to Council: $1,6857.50.

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

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

 

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

 

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

 

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

 

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

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

 

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

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

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

 

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

 

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

 

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

23.     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.

 

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

 

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

 

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

 

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

 

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

 

25.     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.

 

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

 

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

 

27.     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.

 

28.     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).

 

29.     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.

 

30.     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.

 

31.     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

 

32.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

35.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

39.     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.

 

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

 

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

 

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

§   Details of hazardous materials, including asbestos

§   Method/s of demolition and removal of asbestos

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

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

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

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

§   Date the demolition and removal of asbestos will commence

 

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

 

41.     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 satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

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

 

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

 

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

 

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

 

45.     Sanitary facilities, plus wash hand basin and paper towel dispenser or hand dryer and appropriate signage, must be provided to the satisfaction of the Certifying Authority and details are to be provided in the Construction Certificate Application.

 

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

 

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

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

·       Licensed premises, places of public entertainment and hotels

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

·       Premises which have a Cooling Tower or Warm Water System

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

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

 

Waste Management (unless otherwise specified by City Services or Development Engineer)

 

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

 

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

 

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

 

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

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

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

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

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

·       Cleaning arrangements, hygiene, safety and amenity.

 

 

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

 

Security Deposit Conditions

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

 

48.     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)   $5000.00   -      Damage/Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

 

Traffic Conditions/Civil Works Conditions

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

 

49.     The applicant must meet the full cost for Council or a Council approved contractor to:

 

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

 

b)     Remove any redundant vehicular crossings and layback along the Wild Lane site frontage and construct new kerb and gutter as required. It is noted that this may necessitate 600mm road reconstruction along the site frontage and either re-turfing of the Council verge or concreting behind the kerb.

 

c)     Remove the existing concrete footpath in Bunnerong Road and construct a new full width concrete footpath along the Bunnerong Road site frontage to Council’s specification.

 

d)     Replace the Council’s drainage lintel located over the gully grated gully pit in Wild Lane

 

e)     Clean out Council’s Drainage pits in Wild Lane to Council’s satisfaction.

 

50.     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.

 

51.     The applicant shall meet the full cost for the design and construction of traffic controlling/speed slowing devices in Wild Lane to improve safety for vehicles entering and exiting the site. The required traffic calming measures shall be determined by the Randwick Traffic Committee and may include (but not necessarily be limited to) road narrowing, warning signage, sighting mirrors and/or raised threshold/s.

 

The traffic controlling/speed slowing devices shall be installed prior to the issuing of an occupation certificate. The applicant must liaise with Council’s Development Engineer Coordinator regarding this matter.

 

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

 

53.     To improve pedestrian and vehicular vision at the site entrance/exit point, all new walls/structures/planting adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level (for at least the first 1.5 metres) or splayed a minimum 1.5 metre by 1.5 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

54.     Clear ‘stop’ signage and line marking shall be provided along the site boundary at the exit point from the site. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

55.     The vehicular access and basement carpark (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004. The Construction Certificate plans must demonstrate compliance with this requirement particular attention should be given to the design gradients and to the circulation paths for carspaces 1 and 11.

 

56.     A work zone is to be provided in Bunnerong Road for the duration of the construction works.  The ‘work 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 work zone must be paid to Council at least four (4) weeks prior to the commencement of work on the site.

 

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

 

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

 

58.     The minimum clear distance from the existing footpath in Bunnerong Road to the underside of any proposed awning shall be 3.0 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

59.     The minimum clear distance from the existing footpath in Bunnerong Road to the underside of any proposed under awning sign shall be 2.6 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

60.     All new awnings shall be set back a minimum of 600mm from the face of kerb. The plans submitted for the construction certificate shall demonstrate compliance with this requirement. Upon completion of the construction of any awning, certification of the structural adequacy of the awning must be provided to the Council.

 

Alignment Level Conditions

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

 

61.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level (concrete/paved/tiled level) shall be as follows:

 

Wild Lane property boundary for the driveway shall be 130 mm above the invert of the existing gutter at all points opposite the gutter along the full width of the driveway.

 

Bunnerong Road property boundary shall match the back of the existing footpath along the full site frontage.

 

Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0923.

 

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

 

63.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $1103.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Service Authority Conditions

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

 

64.     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.

 

65.     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.

 

66.     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.

 

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

 

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

 

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

 

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

 

69.     The applicant shall meet the full cost of the overhead power lines and telecommunication cables located in the vicinity of the development site to be relocated underground and all redundant power poles to be removed. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.

 

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

 

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

 

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

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development.

 

Drainage Conditions

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

 

Protection from flooding

 

71.     The floor level of all habitable and storage areas shall be at a minimum RL of 22.30 metres (AHD) or suitably waterproofed up to this same level.

 

72.     The proposed internal driveway must be designed with a high point at least 200 mm above determined 1 in 100 year flood level, (i.e. at least RL 22.20 metres AHD), and in such a manner as to minimize the potential for stormwater to enter the basement carpark. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

73.     All windows, vents and other openings into the basement carpark (excluding the driveway opening) must be located at least 300 mm above the determined 1 in 100 year flood level, (i.e. at least RL 22.30 metres AHD). The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

74.     All components of the disabled access platform constructed below RL 23.30 (AHD) shall be fully water proofed. Any components that may be adversely affected by stormwater inundation shall be located above RL 23.30 (AHD). Full details and specifications of the low rise lift showing compliance with the above requirement shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

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

 

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

 

Internal Drainage

 

76.     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.

 

77.     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.

 

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

 

a)   The underground drainage system in Bunnerong Road, via a new kerb inlet pit; OR

 

b)   The underground drainage system in Wild Lane, via the existing kerb inlet pit.

 

Notes:

 

a.  All new kerb inlet pits shall be constructed in general accordance with Council’s standard drawing SD7a.

 

b.  With the exception of the site discharge pipe, all new pipelines constructed within council’s road reserve shall be minimum 375 mm diameter, spigot and socket rubber ringed jointed, steel reinforced concrete pipeline (RRRCP). Prior to backfilling, all pipelines in council’s road reserve shall be inspected and approved by the Hydraulic Engineer certifying the works and Council.

 

79.     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.

 

80.     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.

 

81.     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.

 

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

 

83.     Any onsite detention system shall be located in areas accessible by residents of all units.

 

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

 

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

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

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

 

Notes:

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

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

 

85.     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.

 

86.     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).

 

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

 

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

 

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

 

90.     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.

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·      A sign adjacent to the pit stating:

 

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

 

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

 

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

 

Notes:

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

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

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

 

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

 

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

b)   Finished site contours at 0.2 metre intervals;

c)   Volume of storage available in the detention areas;

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

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

f)   Details of any infiltration/absorption systems; and

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

 

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

 

95.     As the above site may encounter groundwater within the depth of the basement excavation and or be present within a fluctuating water table, 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.

 

a)  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).

 

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

 

97.     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.

 

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

 

Waste Management Conditions

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

 

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

 

100.    The waste storage area/s are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

101.    The waste storage areas shall be clearly signposted.

 

102.    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 additional residence/dual occupancy.

 

103.    An additional garbage area will have to be constructed for the proposed shop. The applicant is to liaise with Council’s Manager of Waste regarding the required size of this garbage area. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

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

 

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

 

Landscape Conditions

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

 

105.    A landscape plan prepared by a professional who holds formal qualifications in Landscape/Horticulture (must also be a registered member of either AILDM, LCA, AILA) for all landscaped areas on the site must be submitted to, and be approved by, the Principal Certifying Authority (PCA), prior to the commencement of any site works, with this plan needing to incorporate the following requirements:

 

a.    A planting plan at a scale of 1:100 or 1:200 indicating the location of all landscaping either within those raised planters proposed in the Central Courtyard on Level 2, or; at ground level, at the northeast corner of the site, fronting Wild Lane, with all species to be drawn at their mature size.

 

b.    The plan must ensure that species which will not encroach onto the Wild Lane roadway and obstruct the line of sight, create a maintenance issue or restrict vehicle or pedestrian movements are selected for the planting shown at ground level, at the northeast corner of the property.

 

c.    The Level 2 Central Courtyard must be a design that will cater to the future amenity needs of occupants, while also providing screening and privacy between the two parts of the development at the eastern and western ends of the site, as well as reducing overlooking from those buildings and courtyards on adjoining sites.

 

d.    Semi-advanced to advanced species that can grow in such a restricted environment, but will also be able to achieve a minimum height at maturity of 5 metres (such as native palms and tree ferns or similar) shall be incorporated into the raised planters on the Level 2 Central Courtyard.

 

e.    A planting schedule listing all plants by botanic & common names, plant quantities, spacings/densities, accent/feature species, pot sizes, the estimated size of the plant at maturity (height & spread) and proposed staking or maintenance methods where applicable.

 

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

 

g.    Sectional elevations through the site showing the relationship between proposed finished levels, buildings and mature height of the proposed planting.

 

h.    All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm, with a suitable construction detail to be provided.

 

i.     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.

 

j.     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.

 

106.    The landscaping shall be installed in accordance with the approved documentation, prior to the PCA issuing a Final Occupation Certificate, with the body corporate needing to establish a regime of maintenance to ensure the landscaping is maintained for the life of the development.

 

107.    Prior to the PCA issuing a Final Occupation Certificate, certification from a suitably qualified professional in the Landscape/Horticulture industry (must be a registered member of either AILDM, LCA or AILA) shall be submitted to the PCA, and must confirm that all landscape works have been completed in accordance with the approved landscaping plans and conditions of development consent.

 

108.    Any substation required shall be screened from view (subject to satisfying Energy Australia’s requirements), with the proposed location, elevation and screening method to be shown.

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

A2      The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act.  In this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Ordinary Council

23 March 2010

 

 

 

Director City Planning Report No. CP17/10

 

 

Subject:                  4 Cuzco Street, South Coogee

Folder No:                   DA/581/2009

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     Demolition of the existing dwelling and construction of a new 2 storey dwelling with basement level double garage

 

Ward:                      East Ward

 

Applicant:                CM Hairis Architects (Surry Hills)

 

Owner:                         Mrs K Aspres and Mr N Aspres

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.      Executive Summary

 

Council at its meeting on Tuesday, 8 December 2009 resolved that:

 

‘RESOLUTION: (Bowen/Matson) that this matter be deferred for mediation and that delegated authority be given to the Director, City Planning to determine this application.’

 

A mediation between the parties was held on 11 February 2010 but was not successful in achieving a agreed resolution of the issues.  The General Manager has referred the determination of this application back to Council in the public interest.

 

The subject application is for demolition of the existing dwelling and construction of a new 2 storey dwelling with basement level double garage. The application was originally referred to Council for determination at the request of Councillors Matson, Woodsmith and Hughes.

 

Following concerns raised with the applicant regarding height, bulk and scale, the applicant has amended the plans to address Council’s concerns by reducing the height of the development (essentially complying with the maximum 7m external wall height control along the west elevation and reducing the overall height of the building by 250mm).

 

The original DA proposal was notified from 21 May to 4 June 2009 to adjoining and nearby properties in accordance with the ‘DCP – Public Notification of Development Proposals’ and Council Plans. Five submissions were received at the conclusion of the public consultation process which are addressed in the relevant sections below. The amended proposal was not renotified as the amended proposal contained improvements to the original plan to address the issues raised.

 

The site is identified as being within Zone No. 2A (Residential A Zone) under RLEP 1998. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2A Zone, in that the development will deliver a detached dwelling that will be consistent with the character of other residential developments in the locality. The development will incorporate suitable design measures that minimise the visual scale and bulk of the structures especially in the context of the existing and future desired character of the area. Accordingly, the proposal is considered to have positive planning merits.

 

The DCP – Dwelling Houses and Attached Dual Occupancies specifies detailed built form and setback controls for dwelling house developments. The proposal does not comply with the DCP mainly in 2 areas, namely, FSR and external wall height which have are been assessed and found reasonable and acceptable as follows:

 

·      The proposal has an FSR of is 0.6:1, which does not comply with the DCP preferred solution of maximum 0.77:1 FSR. Assessment of this variation indicates that the relevant objective and performance requirement of the standard have been achieved in that the proposed bulk and scale will not be inconsistent with the existing built form of adjoining and surrounding properties with the bulk of the building distributed appropriately down the slope of the subject site to respect the outlook of adjoining properties and preserve the privacy, solar access and view sharing for neighbouring residents.

·      The external wall height of the proposed development is 8.5m and does not meet the DCP preferred solution of max 7m. However, this variation is confined to the east elevation where the cross fall in the land is at the lowest. As such, the non-compliance is a natural consequence of the topography of the site rather than an indication of an inappropriate design. The proposal will meet the performance requirements and objectives of the external wall height control in that the height of the overall building  will relate compatibly with those in the surrounding streetscape with acceptable minimal impacts in terms of overshadowing, privacy and views. Furthermore, the proposed development readily complies with the minimum setback preferred solution of the DCP for all elevations (with the exception of a minor localised point on the west elevation due to the tapering nature of the eastern boundary).

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended. Additionally, the proposed development satisfies the relevant legislation, State policies and Local planning controls, and is recommended for approval subject to conditions.

 

2.      The Subject Site and Surrounding Area

 

The site is located on the northern side of Cuzco Street and has an irregular configuration. The dimensions and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

South, front boundary

14.02m

 

North, rear boundary

10.67m

 

East, side boundary

27.66m

 

West, side boundary

27.89m

 

 

 

341.4m2

 

The site slopes from the street to the rear. The site also has a cross fall from the western to the eastern boundary of 2,23m at the southern (streetfront) end and 1.8m at eth northern end. The site is occupied by a detached brick and tile dwelling with a single level on the western side and two levels on the eastern side as the site falls from west to east. The lower ground floor of the eastern side contains a garage and laundry room.

 

The site is adjoined to the east (No. 6 Cuzco Street) by a 2-storey detached rendered/painted masonry dwelling. Adjoining the site to the west are two properties at No. 81 (a three storey dwelling with elevated balconies to the rear overlooking the subject site) and No. 83 Denning Street (single storey dwelling with pitched roof elevated above ground level at the rear). To the north the site is adjoined by the rear yard to a large 3 storey dwelling house at No. 79 Denning Street. Across Cuzco Street to the south are predominantly detached dwelling houses.

 


Figure 1 Aerial view of subject site

 

Figure 2 Street elevation of the existing dwelling at 4 Cuzco Street, the subject site

Figure 3 Adjoining and nearby development on Cuzco Street looking east.

 

3.      The Proposal

 

The proposed development includes the following components:

 

·      Demolition of existing structures on site.

 

·      Construction of a detached dwelling house over part 2 and part 3 levels with the following floor space elements:

 

Garage (eastern side):   car parking for 2 vehicles

Ground floor :                Living room, dining room, kitchen, study room and wc.

First Floor:                    3 x bedroom, master bedroom with ensuite, and bathroom.

 

4.      Site History

 

4.1    Previous development approval relating to the site

There are no recent development approvals relating to the subject site that are relevant to the DA.

 

5.      Community Consultation

 

The subject application was notified from 27 August to 10 September 2009 to adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received at the conclusion of the public consultation process:

 

Residents, 84 Edward Street, Sylvania (owners of No 83 Denning Street)

Residents, 6 Cuzco Street, Coogee

Residents, 1a Cuzco Street, Coogee

Residents, 81 Denning Street, Coogee

Residents, 79 Denning Street, Coogee

 

The following issues were raised in the submissions:

 

·      Overdevelopment of the site

Whilst the proposal exceeds the FSR control, it has a visual bulk and scale that is not considered overbearing or out of character in the existing streetscape and will be less intrusive when compared with other approved dwelling development in Cuzco Street and Denning Street. As indicated in the assessment section below, the amended proposal has resulted in compliance with the maximum wall height standard along the western elevation and overall reduction in the building height.

 

·      Statement of Environmental Effects does not address non-compliance with the DCP – Dwelling House and Attached Dual Occupancies

 

·      Submission plans do not show existing building layout and setbacks

The Statement of Environmental Effects (SEE) is considered adequate and provides a competent analysis of relevant issues arising from the development. All non-compliances identified in this report; referred to in the Statement and/or raised by objectors' have been assessed in the relevant assessment sections of this report. In relation to an incorrect application of Council’s FSR control in the SEE, the applicant has acknowledge this FSR error and the correct application of the FSR standard has been applied in this assessment report. Additionally, the proposed landscape areas have been verified and checked in this assessment report and all measurements of wall height have been made from the natural ground level as shown on submission plans.

 

The submission plans include a survey at a comparable scale of 1:100 to the architectural plans so that it is possible to compare where the existing building is in relation to the proposed development. Nevertheless, the applicant has provided subsequent plans indicating the footprint and envelope of the existing building in relation to the proposed plan and elevation (western side) which was shown to the residents in a site inspection meeting during the course of assessing the DA.

 

·      Damage during demolition and construction

Standard conditions will be applied to ensure protection of adjoining sites during excavation and construction to prevent these works from being dangerous to life, property and buildings will be applied should approval be granted. This advice remains appropriate for the amended proposal.

 

·      Loss of tree in backyard

The tree in the applicant’s backyard that an objector would like retained has been identified by Council’s landscape officer as a 5 metre tall Lagunaria patersonii (Norfolk Island Hibiscus). This tree is located within the subject site and rightfully the property of the owner of No 4 Cuzco Street. Council’s landscape officer advises that Clause 4.b.vi of Council's Tree Preservation Order  allows the removal of trees, without needing to apply to Council, where they are located within 2 metres of any physical part of a dwelling, garage etc, meaning that the subject tree could be removed now, irrespective of the DA. Additionally, the landscape officer advises that:

 

·      the subject tree is in direct conflict with the works and is not significant enough to warrant a redesign;

 

·      the subject tree, while a native coastal tree, is an undesirable species as after flowering, its seed pods open to release a fibreglass like fibre which is extremely irritable to humans and animals.

 

Accordingly, no condition to retain the subject tree will be applied should consent be granted for the proposal.

 

·      Proposal does not adhere to Good Site Planning and Neighbourhood Amenity provisions of the DCP– Dwelling House and attached Dual Occupancies

·      Proposed dwelling not tailored to meet the unique small size of the site

·      Proposal does not reflect the opportunities and constraints presented by the site

 

The development application is considered adequate and reasonable in relation to the Good Site Planning and Neighbourhood Character provisions of the DCP primarily in that it proposes a dwelling house that does not detract from the existing and future character of the neighbourhood and streetscape as exemplified in the numerous contemporary previously approved in the locality including that of the objectors’ property at No 79 Denning Street (see Figure 4 below). Other examples of dwellings in the locality that have a similar style, bulk and scale to the proposal include, but not necessarily limited to, Nos. 15, 18, 28, 33, 42 and 43 Cuzco Street. Additionally, the proposed dwelling responds to the size, shape and topography of the subject site adequately by distributing the bulk and scale of the building competently and off-setting the non-compliances in the FSR and external wall height by providing adequate landscape areas and setbacks. The design of proposed development is considered suitable and reasonable relative to the size and shape of the subject site as indicated in the proposal’s full compliance with the landscape controls and its predominantly compliant setback provisions as detailed in Section 9.1 below. In particular the height, bulk and scale of the amended proposal performs adequately in relation to the amenity of adjoining properties given the shape, size and topography and subject to appropriate conditions.

 

 

 

Figure 4 : Pictometry view of 79 Denning Street indicating the existing visual bulk and scale of development immediately adjoining the subject site.

 

 

·      Proposal does not comply with max FSR and height control

As assessed in Section 9.1 below, whilst the proposal does not meet the Preferred Solution of the DCP - Dwelling House and Attached Dual Occupancies relating to FSR, it has achieved the relevant objective and performance requirement of these standards. In relation to FSR the proposed bulk and scale will be compatible with the existing built form of adjoining properties especially at 79 and 81 Denning Street relative to the size of the subject site. Beyond these immediate adjoining properties, and having regard to the nature of existing surrounding development in Cuzco Street and the locality, numerous examples of substantial contemporary dwellings exist such that the proposed development will not be out of context in the streetscape nor inconsistent with the bulk and scale of surrounding development. In relation to external wall height, the amended proposal complies with the external wall height on the west elevation with the only remaining area of non-compliance being in the east elevation. The breach of the wall height in the east elevation is acceptable as the overall height of the proposal will relate appropriately to those in the immediate and surrounding streetscape as required by the performance criteria of the DCP. The following considerations are also relevant in assessing the FSR and external wall height of the proposed development:

 

·      The applicant has amended the proposal to ensure compliance with the wall height control on the western elevation. This, additionally, has resulted in the overall maximum height of the building being lowered from the original RL 52.65 to amended RL 52.40 (250mm lower). This will have the effect of visually presenting a height-compliant built form with a compressed roof (as opposed to a traditional pitched roof) to adjoining western properties in Denning Street thus reducing any perception of visual bulk and scale to these adjoining properties as well as to the street.

 

·      As indicated in relevant assessment sections below the proposal has reasonable impacts on adjoining and surrounding properties in that it will preserve the privacy and solar access of neighbouring residents and allow sharing of views.

 

·      The proposal readily complies with the landscape requirement of the DCP which will ensure adequate plantings and landscaping to soften the proposed built form.

 

·      Proposal should be built in accordance with standards issued by the Court approval of DA 205/1991 for 6 Cuzco Street

Section 79C of the Environmental Planning and Assessment Act provides the heads of considerations that must be taken into account in the assessment of DAs. Specifically, this section clearly states that the standards applicable in the assessment of all DAs are those contained in Environmental Planning Instruments (in this case the Randwick Local Environmental Plan 1998) and Council adopted plans and policies (primarily, in this case, the Development Control Plan -  Dwelling House and Attached Dual Occupancies). Standards contained in Land and Environment Court approval of DAs are generally site specific and whilst some regard can be made of them, they should not be adopted as, nor over-ride Council’s, development standards.

 

·      Current owners of subject site are developers that do not reside in the property

This is not a matter for consideration under Section 79C of the Environmental Planning and Assessment Act.

 

·      Loss of privacy

The owners of No 79 Denning Street have raised concerns regarding loss of privacy from the proposals north-facing first floor balcony. In assessing these concerns the following considerations have been made:

 

·      The proposal’s north-facing first floor balcony are linked to bedrooms (bedrooms 1 and 4) which are not considered to be areas of high traffic (such as living and dining areas) and therefore are not anticipated to be conducive to, nor result in, unreasonable overlooking and loss of privacy.

 

·      The proposal’s north-facing first floor balcony will be located at a distance in excess of 10m and at an oblique angle to the bedroom areas of No 79 Denning Street. This separation distance complies with the minimum 9m separation required in the DCP - Dwelling Houses and Attached Dual Occupancies for unscreened balcony separation for privacy.

 

·      The proposal’s north-facing first floor balcony will not overlook any formal living room/areas of No. 79 Denning Street as the living area of No 79 Denning Street is located at a significantly higher level than the proposed development and, in fact, can be overlooked by the objectors’ property via the existing east-facing living room balcony and east-facing living room window of No 79 Denning Street notwithstanding the existence of a heavy, solid and imposing  masonry blank screen wall on the southern edge of the objectors’ living room balcony (see Photo 1C below).

 

 

Photo 1A : Elevated adjoining properties at No. 79 and 81 Denning Street.

 

Photo 1 B : Elevated balconies of No 81 Denning Street as viewed from rear yard of subject site.

 

 

 

 

Photo 1C : View of No. 4 Cuzco Street from the elevated east-facing balcony of No 79 Denning Street notwithstanding the heavy solid masonry screen wall to the southern edge of this balcony (extreme right of photo).

 

Notwithstanding these considerations, appropriate conditions will be applied to limit any potential overlooking from the proposal’s north-facing first floor balcony into the rear yard of No 79 Denning Street as detailed in Section 9.1 below.

 

The residents of 1a Cuzco Street have also raised concerns regarding loss of privacy from the south-facing balconies of the proposed development. These balconies are linked to a living room on the ground floor and bedrooms on the first floor. These balconies face Cuzco Street which is a 19-21m wide road reserve such that the proposed building will be significantly separated from the objector’s property at No 1a Cuzco Street. This separation distance is well in excess of the minimum 9m required under the DCP for privacy. As such, the proposal’s south and street-facing balconies are considered reasonable and acceptable and are not atypical of balconies facing the street in other approved developments in Cuzco Street.

 

The owner of No 83 Denning has raised concerns regarding loss of privacy to the eastern rear yard. There are no windows in the west elevation of the proposal other than a fixed glazed wall to the stairwell. As such, there will be no overlooking of the objector’s backyard from the west elevation of the proposed development. Notwithstanding this, a condition will be applied to limit the amount of glazing to the stairwell to reduce any light spill from this stairwell to adjoining properties.  

 

·      Loss of views

 

No 81 Denning Street

Request was made to the owners of No. 81 Denning Street for digital photographs to be taken so as to generate digitised view diagram to survey of the proposed development in the view-line/vista of the sea. Access was denied by the objector. The use of height poles in lieu of digitized view diagrams was not considered warranted as the sea view that will be obstructed as a result of the proposed development is unavoidable and is acknowledge upfront in this assessment, and given that this section of sea view obstructed by the proposed development will be small relative to that which would be retained (as detailed in the analysis of the planning principle below). In the absence of the digitized view diagram of the proposed development, the applicant has provided approximate photomontages of the view impact from the dining room and living room of the objector’s property (Photos 2A and 2B below). These photomontages are considered adequate and acceptable in indicating that the view impact will be confined to one part of the existing wide sea view currently enjoyed by No. 81 Denning Street. These montages are also adequate for the purposes of analyzing the degree of view loss in relation to the planning principles established in the case of Tenacity Consulting vs Warringah Council.

 

Photo 2 A:

Montage of proposed development viewed from living area of No. 81 Denning Street.

 

Photo 2B:

Montage of proposed development viewed from dining area and kitchen  of No. 81 Denning Street.

 

The proposal primarily will result in the partial loss of easterly sea views currently available from the dining room and kitchen of No. 81 Denning Street. Applying the four-step planning principle established in the case of Tenacity Consulting vs Warringah Council, the view loss is considered reasonable and acceptable for the following reasons:

 

·      Step 1: The affected view essentially comprises a distant ocean vista and, as such, not a significant iconic view of a specific item of interest. Whilst the value of these views to residents within No. 81 Denning Street is recognised, it is considered that the views likely to be affected by the proposal are not iconic or highly ‘valuable’ views (as defined by the planning principle). Accordingly, in line with the planning principle the loss of these views are not unreasonable.

 

·      Step 2: The affected sea views are enjoyed from the dining room and kitchen (not main living room) on the first floor of No. 81 Denning Street. Whilst the view loss is a direct view across the rear boundary of No 81 Denning Street (and not oblique views across side boundaries which are more difficult to retain), the degree and nature of the view loss is minor and insignificant compared to the wider view from the living room that will be retained including views of Wedding Cake Island (Photos 2C and 2D above).

 

·      Step 3: The degree of view loss to No. 81 Denning Street is considered to be moderate having regard to the wider existing seaviews directly east and north-east that will be retained from the living room of No. 81 Denning Street. Furthermore, the applicant has adequately designed the proposed building with a 7.5m setback from the rear boundary, well in excess of the minimum 4.5m rear setback control. This effectively confines the view loss from the dining room/kitchen of No 81 Denning Street to the extreme eastern portion while preserving the remaining sea views from the objector’s living room. Additionally, the sea view that will be loss is already significantly compromised by the existing dwelling house on-site and its high pitched roof. Accordingly, the loss of the affected sea view as a result of the proposed development is considered acceptable and reasonable.

 

·      Step 4: The proposal has been amended to comply with the maximum wall height control in the west elevation, being the elevation that directly faces the dining room/kitchen of No. 81 Denning Street and that results immediately in the view loss. As such, no breach in wall height contributes to the subject view loss. In fact, the proposal will have a low profile lean-to roof rather than a traditional pitched roof. Views from the dining room/kitchen of No. 81 Denning Street would encounter a typical building envelope on the subject site prescribed by the applicable controls (in this case the envelope comprises, the compliant wall height of the east elevation with predominantly compliant side setback) such that the views cannot be protected.

 

No 83 Denning Street

Photo 3A:

Existing north-easterly views from ground floor kitchen of No. 83 Denning Street looking at the existing house at No 4 Cuzco Street and oblique water views to extreme north-east.

 

Photo 3B:

Existing north-easterly views from ground floor living room of No. 83 Denning Street looking at the existing house at No 4 Cuzco Street with water views already obstructed by No. 4 Cuzco Street.

 

 

 

 

 

Photo 3C :

Existing south-easterly oblique views from ground floor kitchen of No. 83 Denning Street with the existing house at No 4 Cuzco Street to the left.

 

The proposal primarily will result in the loss of easterly sea views (Photos 3A, 3B and 3C above) currently available from the elevated ground floor living room and kitchen of No. 83 Denning Street. Applying the four-step planning principle established in the case of Tenacity Consulting vs Warringah Council, the view loss is considered reasonable and acceptable for the following reasons:

 

·      Step 1: The affected view essentially comprises a distant ocean vista and, as such, not a significant iconic view of a specific item of interest. Whilst the value of these views to owners of No. 83 Denning Street is recognised, it is considered that the views likely to be affected by the proposal are not iconic or highly ‘valuable’ views (as defined by the planning principle). Accordingly, in line with the planning principle the loss of these views are not unreasonable.

 

·      Step 2: The affected sea views from the living/dining room and kitchen on the elevated ground floor of No. 83 Denning Street are oblique views across the side boundary to No 81 Denning Street and the south-western boundary of the subject site (and not direct straight views across a front or rear boundary). As such, according to the planning principles, oblique views across boundaries are more difficult to retain rather than straight views across front and rear boundaries. The degree and nature of the view loss is minor and insignificant especially considering that they are currently available from the ground floor of No 83 Denning Street.

 

·      Step 3: The degree of view loss to No. 83 Denning Street is considered to be moderate having regard to their non-iconic and distant nature across side boundaries. Additionally, the sea view that will be loss is already significantly compromised by the high pitched roof the existing dwelling house on-site.

 

·      Step 4: The proposal has been amended to comply with the maximum wall height control in the west elevation, being the elevation that faces the living/dining room and kitchen of No. 83 Denning Street and that results in the immediately view loss. As such, no breach in wall height contributes to the subject view loss. Views from the living/dining room/kitchen of No. 83 Denning Street would encounter a typical building envelope on the subject site prescribed by the applicable controls (in this case the envelope comprises, the compliant wall height of the east elevation with predominantly compliant side setback) such that the views cannot be protected.

 

No. 1A Cuzco Street

 

 

Photo 4:

Existing distant view of headland already partially blocked by the existing dwelling house on No 4 Cuzco Street.

 

 

The proposal primarily will result in the partial loss of northern headland and water views currently available from the elevated ground floor living room and balcony of No. 1A Denning Street (Photo 4 above). Applying the four-step planning principle established in the case of Tenacity Consulting vs Warringah Council, the view loss is considered reasonable and acceptable for the following reasons:

 

·      Step 1: The affected view essentially comprises a distant headland and sea vista. Although not a significant iconic view of a specific item of interest, the views would be highly valuable but for the significant obstruction already imposed by the existing dwelling house (see Photo 4 above and Step 3 below). Nevertheless, whilst the valuable quality of the views to the owners of No. 1A Cuzco Street is recognised, it is considered that the views likely to be affected by the proposal are not iconic views (as defined by the planning principle). Accordingly, in line with the planning principle the loss of these views are not unreasonable.

 

·      Step 2: The affected sea views are enjoyed from the elevated ground floor living room and balcony of No. 1a Cuzco Street. Whilst the view loss is a direct view across the front boundary of No 1a Cuzco Street (and not oblique views across side boundaries which are more difficult to retain), the degree and nature of the view loss is minor and insignificant compared to the wider view from the living room that will be retained. Being located on the high side of Cuzco Street, the objector’s property commands  expansive district and sea view which will remain largely intact and minimally affected by the proposal.

 

·      Step 3: The degree of view loss to No. 1a Cuzco Street is considered to be moderate having regard to their non-iconic and distant nature. Additionally, the headland and sea view that will be loss is already significantly compromised by the high pitched roof of the existing dwelling house on-site. Furthermore, the view of the tip of the headland to the north-east will still be maintained.

 

·      Step 4: The proposal has been amended to comply with the maximum wall height control in the west elevation, which has further reduced the maximum ridge height of the proposal. Whilst this has further reduced the visual bulk and scale of the proposal from the street, the loss of a small portion of headland view (which is already highly compromised by the existing dwelling) will be unavoidable but is not considered unreasonable.

 

Loss of sunlight and lack of shadow diagrams for summer solstice

 

The shadow diagrams for the winter solstice are considered adequate as these depict the worse case overshadowing impact given that the sun is at its lowest angle in winter. As assessed in Section 9.1 below, the overshadowing impact of the proposal in the winter solstice complies with the DCP in that:

 

·      The proposal will not overshadow any north-facing windows to living areas of neighbouring dwellings resulting in less than 3 hours sunlight between 9am and 3pm on 21 June.

 

·      The proposal will not overshadow any principal outdoor recreation space of neighbouring dwellings resulting in less than 3 hours sunlight between 9am and 3pm on 21 June.  

 

·      The proposal will not overshadow potential roof-mounted solar panels on the adjoining dwellings for more than 3 hours on the winter solstice.

 

6.      Technical Officers Comments

 

6.1    Development Engineer and Landscape Development Officer

An application has been received for construction of a new dwelling at the above site.

 

“This report is based on the following plans and documentation:

·      Job No 2009/01 Sheets 01-05 Rev A by C M Hairis dated 19/08/2009; and subsequent amended plans Drawings No. 02, 03 and 04 Rev B received by Council on 20 November 2009.

 

Landscape Comments

Beyond the southeast corner of the site, within the front yard of the adjoining property to the east, 6 Cuzco Street, there is one 3m x 3m Syzygium species (Lilly Pilly), which is growing hard up against the common boundary, and whose western aspect overhangs substantially into the subject site.

 

It may be heavily impacted should pruning be required during the course of construction, but as it is too small to be covered by Council's Tree Preservation Order (TPO) conditions cannot be imposed.

 

All other vegetation within the front yard was observed to be insignificant, with the 5 metre tall Lagunaria patersonii (Norfolk Island Hibiscus) in the rear yard, also able to be removed due to its inappropriate location against the northeast corner of the existing dwelling.

 

However, conditions in this report do require that in order to offset the impact of the new dwelling on both neighbours and the streetscape, as well as to assist with its integration into the area, a detailed landscape plan which nominates suitable coastal species be implemented.

 

This proposal achieves compliance with both of Council’s numerical landscape controls for dwelling houses in the 2a Zone, in that 46% of the site will be retained as landscaped area, with 37% to remain as deep soil or ‘soft’ landscaping.

 

Drainage Comments

Due to ground conditions site stormwater runoff shall be piped to a sediment/silt arrestor pit that drains to Council’s kerb and gutter. A 5 m2 base infiltration area/rubble pit is not required. 

 

Should the application be approved the following conditions shall apply:”

 

6.2    Building Services and Environmental Health Comments

 

Referral to the Manager of Environmental Health and Building Services was not required as standard conditions in relation to building and environmental health issues can and will be applied.

 

7.      Master Planning Requirements

 

Clause 40A(1) of Randwick Local Environmental Plan 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 4,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The site has a land area of 341.4m2 and a master plan is not required.

 

8.      Relevant Environmental Planning Instruments

 

8.1    Randwick Local Environmental Plan (RLEP) 1998

The site is identified as being within Zone No. 2A (Residential A Zone) under Randwick Local Environmental Plan 1998. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2A Zone, in that the development will deliver a single detached dwelling, which is compatible with the predominant and desired character of the locality.

 

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

 

 

 

 

 

 

Clause

Required

Proposed

Compliance

22 Services

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

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

Complies, subject to conditions

29 Foreshore Scenic Protection

Council to consider the aesthetic appearance and visual amenity impact of the proposed building in relation to the foreshore

 

 

The proposal has an aesthetic appearance that will not be detrimental to the visual qualities and amenity of the foreshore. In particular, the new detached dwelling is not atypical of previously approved new dwelling house developments in the locality in terms of architectural style, bulk and scale and external finish.

Complies

40 Excavation and filling of land

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

The proposal requires mainly filling of the land to accommodate functional floor plates for the garage and entry levels. The application has been referred to Council’s Development Engineer for assessment. It is considered that the proposal will not adversely impact on the drainage pattern and use of the land, subject to the recommended engineering conditions.

 

Standard conditions are also recommended to ensure that suitable soil retention and erosion control measures are undertaken during works on the site.

 

Therefore, the proposal is considered satisfactory in this regard.

Complies, subject to conditions

 

8.2    Draft Randwick Local Environmental Plan (DRLEP) 2008

The Draft Randwick Local Environmental Plan 2008 had been placed on public exhibition. The proposal is consistent with the general aims and zoning objectives of the draft LEP.

 

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

State Environmental Planning Policy No. 55 aims to promote the remediation of contaminated land for the purposes of reducing risk of harm to human health or any other aspect of the environment. The subject site has been continuously used for residential purposes for a prolonged period. There is no known previous industrial usage on the site, which would potentially contribute to land contamination. Accordingly, no contamination report is required in this instance.

 

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

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies to the proposed development. The development application is accompanied by a BASIX Certificate numbered 265281S_02. The requirements specified in the above certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

9.      Policy Controls

 

9.1    Randwick Development Control Plan (RDCP) – Dwelling Houses and Attached Dual Occupancies

 

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

 

Landscaping

 

Preferred Solution

Assessment

S1

40% of the total site area (or 136.56m2) is provided as landscaped area.

A total of 156.9m2 or 46% of the site is reserved as landscaped area as defined in the DCP. Complies.

S1

A minimum of 25m² of useable private open space is to be provided.

The rear courtyard has a total area of approximately 52m2. Complies.

S1

Each dwelling must provide an area of private open space capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

The rear courtyard is capable of accommodating a rectangle of approximately 7.5m x 7m in dimension. Complies.

S1

Private open space in the front yard area is located behind the building line.

The above-mentioned private open space is located in the rear portion of the site. Complies.

S6

20% of the total site area has permeable treatment.

The proposed soft landscaped or permeable surfaces amount to 126.9m2 or 37% of the site. Complies.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this size is a maximum floor space ratio of 0.6:1 (or 204.84m2 gross floor area).

The proposed FSR is 0.77:1, which equates to 264.2m2 gross floor area. Does not comply. Refer to comments below.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

Maximum 8.5m on east elevation. Does not comply, refer to comments below.

S1

External wall height of buildings or additions to the rear does not exceed 3.5 m.

No separate rear buildings proposed. N/A.

S3

Cut or fill does not exceed 1m.

Amended proposal will have up to approximately 0.7m fill. Complies.

S3

No excavation within 900mm of a side boundary.

No excavation will occur within 900mm of side boundaries. Complies.

S3

No excavation within 4m of a rear boundary.

No excavation within 4m of a rear boundary. Complies.

S4

The length of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary.

Second storey portion will be located greater than 1.5m (ie., min 4.5m) from the southern boundary with a length of 15m. Complies.

S5

The second storey portion of a semi-detached dwelling be confined to within the existing roof space or be set back from the front elevation behind a substantial portion of the existing roof form and the design respects the symmetry of the adjoining semi-detached dwelling.

Not applicable.

 

Floor Space Ratio

The Objectives and Performance Requirements of the DCP are that developments are not excessive in height, bulk or scale; are compatible with the existing character of the locality; and minimise adverse effects of bulk on neighbours and the street.

 

The proposal has an FSR of 0.77:1 which exceeds the DCP requirement of 0.6:1. The non-compliance is deemed to be reasonable and acceptable for the following reasons:

 

·      The relevant objective and performance requirement of the standard have been achieved in that the proposed bulk and scale will not be inconsistent with the existing built form of adjoining properties especially at 79 and 81 Denning Street relative to the size of the subject site. Beyond these immediate adjoining properties, and having regard to the nature of existing surrounding development in Cuzco Street and the locality, numerous examples of substantial contemporary dwellings exist such that the proposed development will not be out of context in the streetscape nor inconsistent with the bulk and scale of surrounding development and will satisfy the overall objectives and performance requirements of the DCP with regards to floor space ratio.

 

·      The applicant has amended the proposal to ensure compliance with the wall height control on the western elevation. This, additionally, has resulted in the overall maximum height of the building being lowered from the original RL 52.65 to amended RL 52.40 (250 mm lower). This will have the effect of visually presenting a height-compliant built form with a compressed roof (as opposed to a traditional pitched roof) to adjoining western properties in Denning Street thus reducing any perception of visual bulk and scale to these adjoining properties as well as to the street.

 

·      As indicated in relevant assessment sections below the proposal has reasonable impacts on adjoining and surrounding properties in that it will preserve the privacy and solar light access for neighbouring residents and allow sharing of views.

 

·      The proposal readily complies with the landscape requirement of the DCP which will ensure adequate plantings and landscaping to soften the proposed built form.

 

·      A condition will be applied requiring the stairwell on the east elevation to be setback 1.5m such that the proposal will comply with all setback requirements of the DCP with the minor exception of a localised point in the building being the north-western corner first floor corner of the proposed development which is unavoidable due to the tapering nature of the western boundary. 

 

External wall height

The Objectives of the DCP in relation to external wall height are to ensure developments are not excessive in height and scale, but are compatible with the existing character of the locality. The DCP aims to ensure buildings preserve privacy and natural light access for neighbouring residents and allow sharing of views.

 

The proposal exceeds the maximum wall height control with a maximum external wall height of 8.5m on the east elevation. Notwithstanding, the proposal is considered to be satisfactory based on the following reasons:

 

·      It is considered that the topography of the site (a 1.5m fall combined with a steep 2m cross fall west to east) renders strict compliance with the DCP preferred solution on the eastern elevation (where the fall in the land is at the steepest) difficult to achieve. The proposal, however, complies with the external wall height on the western elevation where the visual impact of bulk and scale and impact on views is most significant. The proposal is considered to satisfactorily address the landform of the site and will not result in significant adverse visual impacts. In summary, the increase in external wall height, which is limited to the east elevation, is unavoidable due to the topography of the subject site rather than an inappropriate building design.

·      The proposed built form has incorporated staggered wall planes, select indentations, window openings, terraces and a combination of surface finishes, which will appropriately articulate the building facades and create visual interest. The design scheme adopts a low profile low pitched lean-to roof, which will minimise the overall visual scale and bulk of the structure. Overall, the architectural character of the proposal is considered to carry satisfactory design merits.

·      The proposal will comply with the 900mm ground floor and 1500mm first floor DCP setback preferred solution along the east elevation so that proposal will perform adequately in terms of preserving privacy and natural light to the adjoining property at No 6 Cuzco Street. Additionally, the proposal’s southern elevation to the streetfront is consistent with the 7m maximum wall height control and, therefore, has a visual height, bulk and scale that will not be overbearing or overwhelming when viewed directly from Cuzco Street.

·      The amended proposal has lowered the maximum ridge height of the proposed development to RL 52.40 which in terms of the sloping topography of Cuzco Street west to east, will be consistent with existing ridge levels of properties along this street. Additionally, the proposal will have a lower roof ridge height than the adjoining Denning Streets properties at Nos. 79 and 81 Denning Street. Accordingly, the development has a ridge height, which is lower than, or matching to, that of the neighbouring houses. As such, the height and scale of the building are considered to be consistent with the established and future development pattern and streetscape in the locality.

·      The proposed building exceeds the 7m external wall height limit over a distance of approximately 14m on the east elevation. The extent of the non-compliance is considered reasonable in nature when compared to the length of the allotment, being over 27m for the eastern boundary.

·      The east elevation in which the variation in wall height occurs is not an external wall in the strict sense in that it will not be a flat blank wall but rather will be articulated and modulated by projecting walls, ledges, balconies and recessed elements in line with the setback requirements of the DCP – Dwelling Houses and Attached Dual Occupancies for ground and first floors. This assists in breaking any potential visual height, bulk and scale. Accordingly, the variations in wall height will be non-intrusive and visually amenable.

 

·      The proposal will ensure impacts in terms of privacy, natural light and views are minimised subject to appropriate conditions to eliminate overlooking of adjoining properties from upper level balconies.

 

·      The proposal will  be designed to enhance the existing desirable built form character of the street by adopting, where relevant, characteristics of mass and proportion, materials and finishes, roof form and pitch, facade articulation, window and door location and proportions, and patios, eaves and parapets.

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

“Garage / street level”:

Max 4.3m to ground floor study increasing to 6.5m at ground floor living room glass-line 

 

Partial non-compliance, refer to comments below.

S2

No part of the building is closer than 4.5m from rear boundary.

Minimum 7.5m from rear boundary. Complies.

S3

Side setbacks be 900mm for any part of the building at ground level.

Ground level:

Western boundary:

Min 925mm to kitchen wall

 

Eastern boundary:

900 mm to Dining room

Complies.

S3

Side setbacks be 1.5m at second floor level.

First Floor Level:

 

Western boundary:

Min 1500 along majority of first floor western wall with a localised min 925m at the north-western corner

 

Eastern boundary: 

Min 1500 mm to bedroom and ensuite

 

Front setback

The Objective of the front setback control aims to integrate new developments with the established streetscape pattern and to ensure retention of established vegetation.

 

A minor section of the building will be setback 4.3m from the street boundary and does not comply with the 6m preferred solution. Notwithstanding this, the proposal is reasonable in relation to front setback as the majority of the proposed building (ie., living room glassline and entry) will be setback 6.5m from the street boundary. Furthermore, the proposed dwelling will be setback further from the street than the adjoining property at Cuzco Street which has a setback of approximately 3m. It should be further noted that a number of existing dwellings on Cuzco Street have garages built at nil or minimal setback from the street boundary such that the proposed front setback of the proposed development is not considered to detract from any established development pattern in the locality.

 

Side setback

The side setback controls aim to allow occupants and neighbours adequate natural lighting and ventilation.

 

A condition will be applied requiring the stairwell on the east elevation to be setback by 1.5m such that the proposal will comply with all setback requirements of the DCP with the minor exception of a localised point in the building being the north-western corner on the first floor of the proposed development which will be a minimum 925mm from the western boundary. The shortfall in the setback at this point will be so localised that it is considered to have minimal, if no, impact on the natural light and ventilation on the adjoining western properties. 

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

The proposal contains two bedroom window openings on the first floor in the east elevation that will be less than 9m from the upper floor windows of the adjoining property at No 6 Cuzco Street. A condition will be applied requiring screening measures to openings to protect the privacy of No. 6 Cuzco Street. A condition will also be applied requiring the installation of a privacy screen along the eastern edge of the common balcony linked to bedrooms 1 and 4 to further protect the privacy of No 6 Cuzco Street.

 

S1

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

The proposal will have two bedroom (bedrooms 1 and 4) glazed door openings on the first floor (opening onto a common balcony) in the north elevation that will be less than 9m from the rear yard of the adjoining northern property at No. 79 Denning Street. A condition will be applied to protect the privacy of the adjoining rear yard requiring the following:

 

·      Installation of obscure glazing up to 1.5m high to all north-facing glazed openings for bedrooms 1 and 4 in the first floor

·      Reduction in the width of the north-facing common balcony adjoining bedrooms 1 and 4 to a maximum 1m

·      Installation of obscure glazing in the glass balustrade of the common balcony adjoining bedrooms 1 and 4

·      Installation of screening trees along the common boundary to provide for screening of any potential overlooking to be submitted with a Landscape Plan.

S1

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

 

Complies.

S3

Buildings comply with AS 371 and AS 2107.

The proposal has incorporated appropriate materials to minimize adverse acoustic impacts on the adjoining properties.

 

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

 

Complies.

S1,3

Dwellings have at least one habitable room window overlooking the street.

 

Complies.

S2

A Council-approved street number is conspicuously displayed at the front of the dwelling or front fence.

 

To be required by condition.

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

Council’s Parking DCP requires 1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

The development contains 4 bedrooms and is required to provide 2 off-street parking spaces. The proposed garage accommodates 2 standard car spaces and satisfies the DCP requirement. Complies.

S1

Car parking spaces have a minimum dimension of 5.5m x 2.5m.

The car spaces have a dimension of 2.5m (W) x 5.5m (L). Adequate width extension has been allowed for the spaces adjacent to wall obstruction. The parking design is considered to satisfy Australian Standard 2890.1. Satisfactory. 

S1

Driveways have minimum width of 3m and are set back at least 1m from the side boundary.

The proposed driveway has a width of max 6m and will have 1m setback from eastern side boundary. Complies.

S1

Driveways have a maximum width of 3m at the property boundary.

Max 6.5m. Does not comply, refer to comments below.

S1

Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from street alignment and 1 in 6 thereafter.

The proposed driveway gradient has been assessed by Council’s Development Engineer and is considered satisfactory subject to conditions.

S1

With respect to garages and carports to rear lanes these should be set back 1m to improve pedestrian visibility.

Not applicable.

S2

Parking and access is provided from the rear of the allotment where possible.

Not applicable.

S2

Garages and carports located behind the building line where parking only available from the front of the site.

Complies.

S2

Driveways, car parking spaces and structures do not occupy more than 35% of the width of the allotment

32% - Complies.

 

Design of parking facility

The Objectives of the DCP are to ensure on-site parking and driveway facilities are not visually intrusive and do not detract from the local streetscape.

 

The parking design does not comply with the preferred solution in terms of maximum width and location in front of the building line. Notwithstanding this, the development scheme is considered satisfactory based on the following reasons:

·      The front elevation of the nearby dwelling houses in Cuzco Street is characterised by garage and driveway facilities that extend across a substantial proportion of the allotment width. The provision of garages in front of the building line is a feature of the local streetscape. 

·      The proposal provides for a garage well behind the front building line which will off-set the visual impact of the wider driveway at the street front. Furthermore, the subject site has a steep gradient in the front section of the site that will require a wider driveway for safety and design.

 

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

Solid front fences or on street frontages in front of the building line are no higher than 1.2m.

The development includes a max 1.8m high front fence and gate on the street frontage with a total length of only 7m and 75% openable with upper two thirds is at least 50% open providing for satisfactory casual surveillance of the public domain. Complies.

S1

Fences in front of the building line or on street frontages may be up to 1.8m provided that the upper two thirds is at least 50% open.

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

New dwellings comply with a minimum of 3.5 stars on the NatHERS.

Refer to the “BASIX” section of this report.

S2

Private open space receives at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

 

Complies.

S2,8

North-facing windows to living areas receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

Complies.

S9

Solar access to existing or future solar collectors on adjacent buildings is maintained between 9am and 3pm each throughout the year.

 

The proposal will not overshadow potential roof-mounted solar panels on the adjoining dwellings for more than 3 hours on the winter solstice.

S9

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

 

The proposal will not overshadow any north-facing windows to living areas of neighbouring dwellings as the subject site is bounded by the Cuzco Street road reserve on the southern side. 

S9

Principal outdoor recreation space of neighbouring dwellings receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

The proposal will not reduce direct sunlight to any principal outdoor recreation space of neighbouring dwellings.

 

9.2    Randwick Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200,000

$1,000,000

1.0%

$10,000

 

10.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

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

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

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

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

Section 79C(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement

Not applicable.

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

Clause 7 of the EP&A Regulation 2000 requires the consent authority to consider the provisions of the Building Code of Australia. Accordingly, an appropriate condition is recommended to address the above matter.

 

Clause 92 of the Regulation requires the consent authority to consider relevant Australian Standards relating to demolition of structures. A specific condition is recommended to require compliance with Australian Standard 2601.

 

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

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

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

 

The proposed development is consistent with the predominant residential land uses in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality.

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

The site is located within an area, which is predominantly characterised by lower density residential developments. The proposal will maintain the existing detached housing form. The site has sufficient dimension to accommodate the proposed structures. Therefore, the site is considered suitable for the proposed development. 

 

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

5 submissions were received and issues raised have been addressed in relevant sections of this report. 

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

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

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

Key action:       Encourage and reward design excellence and sustainability.

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal does not comply with the Preferred Solutions of the DCP – Dwelling Houses and Attached Dual Occupancies relating to FSR and external wall height.  These non-compliances have been assessed in the relevant assessment sections above and have been found to be reasonable and acceptable. Apart from this, the proposed development complies with the other remaining relevant objectives and performance requirements of Development Control Plan – Dwelling Houses and Attached Dual Occupancies.

 

The proposal will not result in significant adverse impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view loss, solar access and privacy.

 

The proportion, massing, colours, materials and finishes proposed are considered to be satisfactory. The design is sympathetic to the steep landform and the character of the existing streetscape and the Foreshore Scenic zone.

 

The application is therefore recommended for approval subject to the attached conditions of consent.

 

 

Recommendation

 

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. DA/581/2009 for demolition of the existing dwelling and construction of a new 2 storey dwelling with basement level  double garage, at No. 4 Cuzco Street, Coogee, subject to the following conditions:

 

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

 

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

 

Plan Number

Dated

Received

Prepared By

02 Rev B

undated

20 November 2009

Con Hairis Architects

03 Rev B

undated

20 November 2009

04 Rev B

undated

20 November 2009

 

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

 

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

 

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

 

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

 

4.       Street 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.

 

5.       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.

 

6.       Eaves, gutters, hoods and similar structures or attachments are required to be setback from the side boundaries of the allotment a minimum distance of 500mm and details of compliance are to be included in the construction certificate details.

 

7.       Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents.

 

8.       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.

 

9.       Metal roof sheeting is to be painted or colour bonded to minimize reflection and to be sympathetic and compatible with the building and surrounding environment.

 

10.     Any gate opening shall be constructed so that the gate, when hung, will be fitted in such a manner that it will not open over the footway on Cuzco Street or a public place.

 

11.     The proposed glazed wall to the stairwell in the east elevation shall be setback 1.5m from the western boundary and shall be reduced in extent and treated to limit any light spill from this stairwell to adjoining properties. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

12.     The north-facing glazed openings for bedrooms 1 and 4 in the first floor shall be obscure glazing up to 1.5m high. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

13.     The north-facing common balcony adjoining bedrooms 1 and 4 shall be reduced to a maximum 1m width; and shall be installed with obscure glazing along the whole length of the glass balustrade; and shall be installed with a 1.8m privacy screen along the eastern edge. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

14.     The east-facing window to bedroom 1 on the east elevation at the first floor level shall be of fixed and obscure glazing below 1.5m from the finished floor level. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

15.     The south-facing balcony to bedroom 2 on the first floor shall be installed with a 1.8m privacy screen along the eastern edge to protect the privacy of the adjoining eastern property. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

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

 

16.     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:

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200,000

$1,000,000

1.0%

$10,000.00

       

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

 

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

 

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

 

18.     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.

 

19.     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.

 

20.     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).

 

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

 

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

 

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

 

22.     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:

 

23.     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.

 

24.     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.

 

25.     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.

 

26.     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 person’s intention to commence building works.

 

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

 

27.     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.

 

28.     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”.

 

29.     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 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.

 

30.     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.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

32.     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.

 

33.     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.

 

The smoke alarms are to be installed in suitable locations on or near the ceiling, in any storey containing bedrooms; located between each part of the dwelling containing the bedrooms and the remainder of the dwelling, or where bedrooms are served by a hallway, the smoke alarms are to be located in that hallway; and smoke alarms are to be installed in any other storey not containing bedrooms, to the satisfaction of the certifying authority.

 

Smoke alarms are not to be located in ‘dead-air-spaces’, in the corner junction of walls and ceilings between exposed rafters/joists or at the apex of raked ceilings, as detailed in Part 3.7.2 of the Building Code of Australia – Housing Provisions.

 

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:

 

34.     The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the following regulations:

•      The requirements and Guidelines of WorkCover NSW

·      Occupational Health and Safety Act 2000

·          Australian Standard 2601 (2001) – Demolition of Structures

·          The Protection of the Environment Operations Act 1997

·          Protection of the Environment Operations (Waste) Regulation 1996.

 

35.     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 any asbestos materials will commence

 

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

 

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

 

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

 

a.   Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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.   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.

 

e.   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.

 

f.    A Clearance Certificate or Statement, prepared by a suitably qualified person (ie 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 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.

 

37.     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.

 

38.     A dilapidation report prepared by a professional engineer, accredited building surveyor or other suitably qualified 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) is 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.

 

39.     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).

 

40.     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.

 

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

 

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

 

42.     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 footings or first completed floor slab (prior to the pouring of concrete), showing the area of the land, building and boundary setbacks and levels of the building.

 

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

 

43.     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.

 

44.     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.

 

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.

 

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 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.

 

45.     A Construction Site Management Plan is to be submitted to and approved by the principal certifying authority prior to the commencement of demolition, excavation or building works. The site management plan must include the following measures, as applicable to the type of development:

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·           construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

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

 

Details of the proposed sediment control measures are to be detailed in the Construction Site Management Plan which 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.

 

47.     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.       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.

 

c.       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.

 

d.       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.

 

e.       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.

 

f.        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   prior to occupation or finalisation of the development.

 

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:

 

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

 

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

 

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

 

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

 

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

 

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

●    before 7.00am or after 8.00pm on weekdays.

 

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

 

49.     Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council and details are to be included in the construction certificate documentation.

 

50.     A demolition and construction Waste Management Plan (WMP) must be development and implemented for the development, to the satisfaction of Council, prior to the commencement of works.

 

The Waste Management Plan must provide details of the type and quantities of demolition and construction waste materials, proposed re-use and recycling of materials, methods of disposal and details of recycling outlets and land fill sites.

 

Where practicable waste materials must be re-used or recycled, rather than disposed and further details of Council's requirements including relevant guidelines and pro-forma WMP forms can be obtained from Council's Customer Service Centre or by telephoning Council on 9399 0999.

 

Details and receipts verifying the recycling and disposal of materials must be kept on site at all times and presented to Council officers upon request.

 

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

 

51.     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)   $1000.00   -      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:

 

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

 

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

 

53.     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.

 

54.     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:

 

55.     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 match the back of the existing footpath along the full site frontage.

 

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

 

57.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $617.00 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:

 

58.     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.

 

59.     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.

 

60.     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:

 

61.     Generally all site stormwater shall be piped to a sediment/silt arrester pit that drains to Council’s kerb and gutter.

 

The location and details of the proposed internal stormwater pipelines and silt arrestor pit shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the plans shall be forwarded to Council, prior to a construction certificate being issued, if Council is not the certifying authority.

 

Notes:

a.   The sediment/silt arrestor pit shall be constructed:-

 

i.        within the site at or near the street boundary.

ii.       with a child proof and corrosion resistant fastening system (e.g. spring loaded jay-bolt).

iii.       with a minimum of 4 x 90 mm diameter weep holes (preferably located in the walls of the pit at the floor level) and with a suitable geotextile material with a high filtration rating located around the weep holes.

iv.      with the pit floor being a minimum 300mm below the invert level of the outlet pipelines.

v.       with a galvanised heavy duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet pipes draining to the infiltration pit and the kerb. (Similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

 

62.     Any stormwater runoff which cannot be directed to the kerb and gutter at the front of the property shall be discharged either:

 

c)   Through private drainage easements to Council’s kerb and gutter (or underground drainage system); OR

 

d)   To a suitably sized infiltration area. As a guide, infiltration areas which do not have an overflow to the street shall be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area draining to the infiltration area.

 

Prior to the use of infiltration in areas where there is no formal overland escape route to Council’s kerb and gutter/street drainage system, a geotechnical investigation will be required to determine whether the ground is suitable for infiltration. Should rock and/or a water table be encountered within two metres of the proposed base of the infiltration pit, or the ground conditions comprise low permeability soils such as clay, infiltration may not be appropriate.

 

63.     Should a charged system be required to drain any portion of the site, the charged system must be designed with suitable clear-outs/inspection points at pipe bends and junctions.

 

64.     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 required 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 Randwick City Council's Stormwater Code.

 

65.     All pump out water must pass through a stilling pit prior to being discharged by gravity to the kerb and gutter.

 

66.     As the above site may encounter groundwater/seepage water within the depth of the basement excavation, the basement garage and/or similar structures are to be suitably tanked and/or 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).

 

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

 

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

 

68.     A landscape plan prepared by a qualified professional in the Landscape/Horticultural industry (must be a registered member of either AILDM or AILA) shall be submitted to, and be approved by, the Certifying Authority, prior to the issue of a construction certificate (with a copy of the approved plan to be forwarded to Council prior to the commencement of site works if not the CA) and must detail the following:

 

a)     A Planting Plan & Plant Schedule which includes proposed species, botanic and common names, pot size at the time of planting, quantity, location, dimensions at maturity, maintenance practices (hedging, shaping etc), as well as any other landscape details to describe the proposed works;

 

b)     A predominance of species that can withstand poor quality sandy soils and salt laden winds which are prevalent at this site;

 

c)     A total number of 2 x 25 litre (pot size at the time of planting) trees within the site, comprising one each within both the front and rear yards, selecting those species which will attain a minimum height of between 4-7 metres at maturity;

 

d)     The perimeter planting nominated along the southern, western and northern boundaries, which should achieve a height at maturity which is similar to that of the common boundary fencing in these respective areas.

 

e)     In addition to the c) and d) above, details of mature planting to be installed along the northern boundary of the subject site capable of screening overlooking into the rear yard of the adjoining property at No 79 Denning Street.

 

69.     The PCA will be responsible for ensuring that the site landscaping is installed in accordance with the approved plan, prior to a Final Occupation Certificate being issued, with the applicant responsible for ensuring that the landscaping is maintained in accordance with these plans.

 

70.     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 Management

 

71.     The applicant shall submit a total payment of $107.25 (including GST) to Council, being to cover the cost for Council to supply and install 1 x 25 litre street tree, Grevillea ‘Moonlight’ (Grevillea) on the Cuzco Street nature strip, to the west of the vehicle crossing.

 

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

 

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

 

72.     Approval is granted for the removal of all existing vegetation throughout the site 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 landscaping.

 

73.     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.

Advisory Conditions

 

A1.     The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

23 March 2010

 

 

 

Director City Planning Report No. CP18/10

 

 

Subject:                  Cultural Community Grants Program March 2010 Assessment Round - Recommended Allocations

Folder No:                   F2009/00182

Author:                   David  Briant, Senior Social Planner     

 

Introduction

 

The purpose of the Cultural Community Grants Program is to support creative arts and cultural projects that encourage community participation and/or promote a vibrant City. The Program is also linked to actions and strategies identified within Council’s Cultural Plan, A Cultural Randwick City 2008-2018. This is the second and final assessment round to take place during the 2009/10 financial year.

 

A total of 25 applications seeking $105,994.79, (in-kind and cash) were received for this March assessment round. The Cultural Community Grants Program 2009/10 has been allocated a budget of $105,000, to cover the two funding rounds in September and March. The inaugural round was held in September 2009 when Council resolved to fund 17 organisations totalling $75,243 comprising $31,477 in cash and $43,766 in-kind (fee waiver), leaving a balance of $29,757 to be allocated in the March 2010 round. Applications recommended for funding this round are listed in Attachment 1 of this report. Applications not recommended for funding are listed in Attachment 2.

 

This report recommends that 15 organisations receive funding totalling $45,240.60.

Funding for all projects taking place before 30 June 2010 funds will be allocated from the remaining 2009/10 budget totalling $29,757. Projects taking place from 1 July 2010 will need to be allocated from the 2010/11 budget totalling $16,183.60.

 

All applicants will be advised about the outcomes of their application whether they are successful or not. Upon request, feedback will be provided to unsuccessful organisations and they will be encouraged to apply next year, if appropriate.

 

Issues

 

Cultural Community Grants Program 2009-10 – March Assessment Round

The inaugural Cultural Community Grants Program 2009/2010 commenced on 16 June 2009. The Program is promoted in the local newspaper, on Council’s website and email through local community networks. There is no maximum amount of funding available per project. The onus is on the applicant seeking assistance to provide the necessary information when filling out their application form.

 

The Cultural Community Grants Program has two assessment rounds per annum, in March and September. Applications received up to 31 August are assessed in September; applications received after 31 August and up to the last day of February are assessed in March. Funding is awarded to not-for-profit organisations or community groups. The resulting activities or events must be based in Randwick City. Applicants may seek grants from Council as an in-kind contribution only (waiver of Council fees and charges), cash contribution only, or a combination of in-kind and cash contribution.

 

 

The Program requires and expects a high level of accountability from funding recipients. As part of the funding acquittal process, all recipients who have received cash grants will be required to provide evidence that the activity or event was held as per the funding application, including provision of receipts accounting for the expenditure of funds. This is a major change from the Councillor Contingency Funds which required no form of acquittal to be completed by recipients.

 

Assessment of Grant Applications

The assessment process was undertaken by a panel of council officers with expertise in community services, governance and grants administration. The panel met over one full day to assess the applications and to determine which applications should receive full, partial or no funding.

 

All applications were assessed for compliance with the program’s funding priorities and guidelines, and the organisation’s capacity to deliver the program outcomes. Each application was accompanied by a completed assessment sheet and assigned a numerical score and a priority ranking of A, B or C based upon the recommendations of the panel. A copy of the assessment form is contained in Attachment 3.  Priority levels are detailed below:

 

·           Priority A: High priority for funding. The project is consistent with program funding priorities and has special weighting and compares well with other applicants.

·           Priority B: Possibly if sufficient funds. Application meets eligibility criteria    however the project proposal may lack adequate detail or be poorly targeted.

·           Priority C: Does not meet the eligibility criteria.

 

Through this assessment process, a total of 16 organisations are recommended to receive funding totalling $45,240.60, comprising of $22,266.40 in cash and $22,974.20 in-kind (fee waiver) for the March assessment round. All applicants will be advised of the outcomes of their application whether they are successful or not. Upon request, feedback will be provided to unsuccessful organisations and they will be encouraged to apply next year, if appropriate.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in recreation and lifestyle opportunities.

Direction 2b:      A range of cultural, sporting and leisure activities.

Key actions:      Recognise and promote opportunities for residents and visitors to engage in sports and other cultural pursuits.

Increase public art, performance spaces and opportunities for

creative expression across our City.

 

Financial impact statement

 

There is no additional financial impact as the recommended allocations for projects taking place before 30 June 2010 are within the approved annual budget of $105,000. However, projects taking place from 1 July 2010 will need to be allocated from the 2010/11 budget totalling $16,183.60.

 

Conclusion

 

The Cultural Community Grants Program plays an important role in providing cultural events and activities that contribute towards vibrancy and social cohesion within Randwick City. Following a rigorous assessment process of applications against program criteria and guidelines, the panel has recommended 15 organisations to receive funding totalling $45,240.60 in the March round.

 

 

Recommendation

 

That Council approve funds totalling $45,940.60 to be allocated to the organisations listed in the table in Attachment 1.

 

Attachment/s:

 

1.View

Cultural Community Grants March 2010 - Applications Recommended for Funding

 

2.View

Cultural Community Grants March 2010 - Applications not Recommended for Funding

 

3.View

Cultural Community Grants Assessment Form

 

 

 

 


Cultural Community Grants March 2010 - Applications Recommended for Funding

Attachment 1

 

 

2009/2010 CULTURAL COMMUNITY GRANTS PROGRAM

 

APPLICATIONS RECOMMENDED FOR FUNDING – MARCH 2010