Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 9 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee

9 March 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Planning Committee Meeting

 

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 9 March 2010 at 6:00pm.

 

 

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

 

Quorum:                           Eight (8) members.

 

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 9 February 2010

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application Reports

D9/10       350 Maroubra Road, Maroubra

D10/10      2-8 William Street, Randwick

D11/10      66 Gubbuteh Road, Little Bay

D12/10      51 Willis Street, Kingsford  

 

 

 

 

Miscellaneous Reports

M5/10       Reporting variations to Development Standard under State Environment Planning Policy No. 1 (SEPP1) from 1 November 2009 to 28 February 2010

M6/10       Maroubra Beach Commerical Centre Planning Review    

 

Notice of Rescission Motion

NR2/10      Notice of Rescission Motion submitted by Crs Hughes, Matson and Seng - 9 Lurline Street, Maroubra  

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee

9 March 2010

 

 

 

Development Application Report No. D9/10

 

 

Subject:                  350 Maroubra Road, Maroubra

Folder No:                   DA/782/2009

Author:                   David Mooney, Environmental Planning Officer     

 

Proposal:                     Demolition of existing building and construction of 4 level attached dual occupancy with lower level garage accessed from Maroubra Road, additional garage accessed from Storey Street, swimming pool and associated works (SEPP 1 objection to floor space ratio)

Ward:                      Central Ward

Applicant:                Antonius and Associates

Owner:                         P Calligeros

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


Executive Summary

 

This application is referred to Council for determination because there is a variation to the floor space ratio standard that is more than 10% of the standard.

 

The proposal involves demolition of the existing building and construction of a dual occupancy over 4 levels. Vehicular access is off Maroubra Road and Storey Street. The proposal includes a pool.

 

The site is located on the northern side of Maroubra Road, Maroubra, opposite the Malabar Road junction. The site is 473.2m² with 12.19m frontage to Maroubra Road. There is laneway access to the rear off Storey Street.

 

There is a SEPP1 objection for floor space ratio. The proposal satisfies the purpose of the standard and the SEPP 1 objection is well founded by the applicant.

 

The proposal was advertised and notified in accordance with Council policy. There was one objection primarily concerned with site stability, establishing precedent for dual occupancy, and excessive floor space ratio. These issues are addressed in this assessment report.

 

The proposal satisfies the environmental and planning assessment requirements that apply and the application is recommended for approval subject to conditions.

 

1.    The Proposal

 

The proposal involves demolition of the existing building and construction of a dual occupancy over 4 levels. Vehicular access is off Maroubra Road and Storey Street. The proposal includes a pool.

 

There is a SEPP1 objection for floor space ratio. The proposal has a floor space ratio of 0.72:1 exceeding the maximum for the site of 0.5:1 by 102m2.

 

2.    The Subject Site and Surrounding Area

 

The site is located on the northern side of Maroubra Rd, Maroubra, opposite the Malabar Rd junction. The site is 473.2m² with 12.19m frontage to Maroubra Rd. There is laneway access to the rear off Storey St. The southern 2/3rds of the lot has a moderate 1 in 10 slope on a southerly aspect. The northern 1/3rd has a severe 1 in 2 slope on a southerly aspect.

 

Figure 1 – An aerial view of the site and surrounds

3.    Site History

 

BA/1665/1980, Alterations and additions

BA/711/1976, Garage

BA/168/1984, 1st floor addition

 

4.    State Environmental Planning Policy No. 1

 

The proposal seeks a variation to the maximum floor space ratio. The proposal has floor space ratio of 0.72:1, which exceeds the maximum floor space ratio specified in Clause 32 Randwick LEP 1998 of 0.5:1.

 

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).

 

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

 

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

 

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

 

Applicant’s SEPP 1 Objection:

 

 

 

Assessing Officer: Of the 4 levels, only the upper 2 are completely above natural ground. The 3rd level is partially above natural ground and the 4th level, and garage below it, is below natural ground. When calculated only with the building mass above natural ground, the proposed floor space ratio is between 0.4:1 (upper 2 levels) and 0.54:1 (upper 3 levels).

 

The apparent building mass above natural ground is similar to other buildings nearby. The approved floor space ratio next door at 352 Maroubra Rd is 0.57:1. The 2 buildings share side setback attributes and have similar eave heights at RL54.5 and RL54.4. The apparent floor space ratio is also below the floor space ratio that would be allowed under the (variable) preferred solutions for a single dwelling in Council’s Development Control Plan for Single Dwellings and Attached Dual Occupancies (being 0.58:1)

 

While the southern elevation appears to be 5 levels above Maroubra Rd, the building is no more than 2 storeys above natural ground or 3 storeys overall. This is a common attribute where a building is split to cascade down a steeply sloping site.

 

The proposal satisfies the purpose 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. The strict adherence to the numerical standard will not allow the best economic use of the site and the delivery of a suitably scaled in-fill residential development in an established neighbourhood.

 

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:

 

Table - Establishing compliance is unreasonable or necessary

Method

Assessment

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.

Assessing Officer: As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the design scheme 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.

Assessing Officer: 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.

Assessing Officer: 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.

Assessing Officer: The floor space ratio standard has 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.

Assessing Officer: The existing Residential 2A zoning is considered to be appropriate for the locality.

 

5.    Community Consultation

 

Council notified the development application by letter to adjoining and adjacent landowners in accordance with Council Policy. There was one objection.

 

Objection from 352 Maroubra Rd, Maroubra

 

Issue: Extensive excavations on the site will need to be supported.

 

Assessing Officer: There are conditions in the recommendation about engineering the proposed excavations and supporting the neighbour’s land.

 

Issue: If Council allowed this first dual occupancy in the area, it would establish a precedent for others.

 

Assessing Officer: Dual Occupancy is permitted in the zone and encouraged by the zone objectives.

 

Issue: The neighbouring fence and tree should be taken into account in the design of the garage and driveway.

 

Assessing Officer: These matters were examined by the Development Engineer and were found to be acceptable.

 

Issue: Non-compliance with maximum FSR. Excessive bulk and scale

 

Assessing Officer: Floor space ratio is examined under the SEPP 1 objection to this report and is found to be acceptable

 

Issue: The existing power-pole in Maroubra Road is in the middle of the proposed driveway.

 

Assessing Officer: No, it is not.

 

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 Engineer

An application has been received for the demolition of the existing residence and the construction of an attached dual occupancy at the above site.

 

This report is based on the following plans and documentation:

Job No 2009:699 Sheets A01 –A06 by Antonius 7 assoc P/L dated September 2009;

 

Drainage Comments

Onsite detention of stormwater is required for this application.

 

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 PCA for approval prior to the issuing of a construction certificate.

 

Landscape Technician

There is a Council Street tree on the Maroubra Road frontage which will require removal to allow for construction of the vehicular access. The council street tree is in poor condition and there is no objection to its removal, the applicant is to meet all costs associated with its removal. To ensure satisfactory sight lines a replacement tree has not been requested along the sites Maroubra Road frontage.

 

There is a Jacaranda Tree and a Macadamia Tree located on the western side boundary towards the rear of the site which have been proposed for removal. The Jacaranda tree mostly overhangs the adjoining neighbours property and the Macadamia tree has been pruned back to the side boundary due to works carried out on the adjoining neighbours property. Approval is granted for the removal of these trees.

 

On Council’s nature strip adjacent to the rear boundary fence is a Swamp She Oak of approximately 10 metres in height. This tree is now in poor health as it appears rope has been tied around the trunk to hold up the existing timber fence of the subject property. The applicant is to meet all costs associated with the removal of this tree and associated stump grinding. 

 

Building Services Officer

The Proposal

The proposal provides for the demolition of the existing duplex and construction of a new 4 storey Multi Unit Housing residential development/dual occupancy with vehicular access off Maroubra Road and Storey Street.

 

BCA Building Classification

Class -      2      (Residential Units)

 

Background

The existing building on site is a post war brick duplex bounded by buildings of a similar nature and single dwelling houses.

 

Building Code of Australia (BCA):

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

 

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.

 

7.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

Clause 12 Zone Objectives

The proposal is consistent with the character of the area and shares the height, mass, landscape and setback characteristics of neighbouring buildings. Amenity impacts are in-line with the DCP preferred solutions and are acceptable. The proposal is consistent with the 2A Residential Zone objectives.

 

The objectives of Zone No 2A are:

(a)  to maintain the character of established residential areas, and

(c) to enable redevelopment for low density housing forms, includes dwelling houses, dual occupancy, semi-detached housing, and the like, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development, and

(e)  to enable a mix of housing types to encourage housing affordability.

 

Clauses 31, 32 and 33 Development Standards

The table below compares the proposed building to the relevant Randwick LEP development standards.

 

Table – Assessment of LEP Development Standards

Clause

Description

Standard

Proposed

Compliance

31

Landscaped area

40%

46%

Yes

32

Floor Space Ratio

0.5:1

0.72:1

No

33(a)

Building Height

9.5m

8.3m

Yes

33(b)

Ext Wall Height

7m

7m

Yes

 

Non-compliance with the floor space ratio standard is examined in the SEPP 1 objection section of this report.

 

State Environment Planning Policy (Building Sustainability Index: BASIX) 2004.

The plans have been checked and they are consistent with the requirements indicated on the submitted BASIX certificate for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP: BASIX have been included in the recommendation section of this report.

 

Section 94A Development Contributions

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

Levy

S94A Levy

Development cost more than $200000

$1,165,700

1.0%

$11,6570

 

Randwick Local Environmental Plan – Amendment 41

The development application was lodged before the 15 January 2010 gazettal of LEP Amendment 41 (formerly known as Draft Randwick LEP 2007). The savings and transitional provisions require Council to take it into consideration as though it had been exhibited, but not yet made. The proposal is not inconsistent with Amendment 41.

 

Development Control Plan – Single Dwellings and Attached Dual Occupancies

The proposal generally satisfies the performance requirements of this development control plan. Non-compliance with the preferred solutions is discussed in the Environmental Assessment section of this report. A compliance table follows.

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Preferred Solution

Check

y/n

Landscaping

40 % of site provided as landscaped area

42%

Yes

25m² of private open space provided.

14m2

No

Min. dimensions of 3x4m & minor level change

2m

No

Open space behind the building line.

No

20% of the site area is permeable.

26%

Yes

Floor area

(Site area 472 m2) maximum FSR 0.58:1 

0.72:1

No

Height, Form & Materials

Ext wall height maximum 7m

7m

Yes

Ext wall height to the rear maximum 3.5m.

n/a

n/a

Cut or fill maximum 1m.

8.35m

Yes

No excavation 900 mm of side boundary.

0mm

No

No excavation within 4m of a rear boundary.

18m

Yes

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

Min 6m setback

Yes

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

n/a

n/a

Building setbacks

Front setback ave of adjoining dwellings or 6m

6m

Yes

Rear boundary setback at least 4.5m

2m

No

Side setbacks be 900mm at ground level.

900mm min.

Yes

Side setbacks be 1.5m at second floor level.

900mm min

No

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.

Only bathroom, bedroom or high-sill windows face side boundaries. No privacy conflicts.

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

Proposal requires a privacy screen on western upper balcony. Included as a condition in the recommendation.

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

High sill heights as required

Safety & Security

Front doors of dwellings are visible from the street.

Yes

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

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)

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

Parking and driveway issues were examined by the development engineer and were found to be acceptable. There are related conditions in the recommendation.

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

Driveway minimum width of 3m and side setback 1m

Driveway maximum width of 3m at the boundary.

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

Garages and carports to rear lanes set back 1m.

Parking and access is provided from the rear.

Rear garage accessed from rear

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

Front garage behind the building line.

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

33% Max.

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.

1.2m

Yes

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

Consent condition

Yes

Foreshore Development

 

No encroachments on Foreshore Building Line.

n/a

Stepped buildings on sloping sites are articulated.

n/a

Form, colour, materials and finishes are sympathetic.

n/a

Buildings incorporate setbacks to allow sharing of views.

n/a

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

n/a

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

No

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

No

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.

Slightly improved due to lower external wall.

 

8.    Environmental Assessment

 

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

 

Additional plans

The applicant submitted a sketch diagram (27 November 2009) showing a privacy screen on the westerly aspect of the balcony off bedroom 4, planter boxes along the western elevation and details of the fencing along the western boundary. The sketch proposal was a result of private negotiations between the applicant and the western neighbour. There is a condition in the recommendation that requires the sketch diagram to be worked-up into design details. This will give effect to the privately negotiated agreement.

 


Private open space

Recreational spaces for both dwellings are balconies and terraces. The steeply sloping topography makes it overly difficult to utilise landscaped area for private recreational space. The upper dwelling as a 28m2 terrace and the lower dwelling has 2 balconies with the larger being 14m2. All living areas have direct access to a balcony or terrace. They are reasonably sized and they enjoy the amenity of extensive views toward Maroubra Beach, Malabar Headland and the ocean. The variation is acceptable.

 

Cut and fill

The proposal involves excavations up to 8.35m because the lower storeys are set-in to the side of the steeply sloping bank. The excavations allow the vertical alignment of parts of the building while it cascades down the slope. They would be adequately engineered. There is a consent condition in the recommendation that requires a design for earth battering in the front setback. Deep excavations are unavoidable on a steeply sloping site and the variation is acceptable.

 

Rear setback

The rear boundary is offset 40 degrees from perpendicular to the side boundary. This creates an awkward triangular shape in the back yard. Just a small triangle portion of the garage (2m2) encroaches on the rear setback. The building otherwise improves on the existing rear setback conditions and is similar to the rear setback conditions of similarly shaped lots nearby at 348 Maroubra Rd, 352 Maroubra Rd and 291 Storey St. The variation is acceptable.

 

Side setback at second floor level

A 2m wide section of the stairwell encroaches on the 1.5m preferred solution at second level. The encroachment is very minor and does not contribute significantly the impact of the building. The remainder of the second level (above natural ground) is setback 1.5m from the side boundary. The variation is minor and acceptable.

 

Car Parking

Just 2 parking spaces are provided and 4 are required by the preferred solutions. Parking is difficult and expensive to provide on the site because of the steep topography. There is ample street parking in Storey St and Council’s Development Engineer has not objected to the lesser amount of spaces. The variation is acceptable.

 

Solar Access

Indoor and outdoor living spaces are generally oriented towards views to the south. It would be onerous and futile to require the applicant to orient them in some other direction away from the views. The living rooms and balconies would receive ample southern light, which is pleasant enough, and the dwellings achieve the requisite thermal comfort performance of BASIX. The variation is acceptable.

 

View Sharing

There are extensive views from and over the site toward Maroubra Beach, Malabar headland and the ocean. There were no objections on the grounds of view loss. Nevertheless, the overall envelope of the proposed building compares with the existing building and it is unlikely to cause severe and unreasonable view-loss (which is probably why there were no objections about view-loss). The western neighbour is likely to gain additional views over the site to the east because of the proposed sweeping facade.

 

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 involves demolition of the existing building and construction of a dual occupancy over 4 levels. Vehicular access is off Maroubra Road and Storey Street. The proposal includes a pool.

 

The site is located on the northern side of Maroubra Road, Maroubra, opposite the Malabar Road junction. The site is 473.2m² with 12.19m frontage to Maroubra Road. There is laneway access to the rear off Storey Street.

 

There is a SEPP1 objection for floor space ratio. The proposal satisfies the purpose of the standard and the SEPP 1 objection is well founded by the applicant.

 

The proposal was advertised and notified in accordance with Council policy. There was one objection primarily concerned with site stability, establishing precedent for dual occupancy, and excessive floor space ratio. These issues are addressed in this assessment report.

 

The proposal satisfies the environmental and planning assessment requirements that apply and the application is recommended for approval subject to conditions.

 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants Development Consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 to Development Application No. 782/2009 for demolition of existing building and construction of 4 level attached dual occupancy with lower level garage accessed from Maroubra Road, additional garage accessed from Storey Street, swimming pool and associated works at 350 Maroubra Road, Maroubra subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered A-03, A-04 and A-05, dated October 2009 and received by Council on 29 October 2009, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.       Privacy screens, planter boxes and the western boundary fences must be constructed in accordance with the sketch plans submitted to Council and dated 27 November 2009.

 

Design details of the screens, boxes and fences are to be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

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

 

5.       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.

 

6.       The earthworks for the driveway between the building and the Maroubra Rd boundary must be battered and retained.

 

Design details of the batters and walls 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.

 

7.       The finished ground levels external to the building are to be consistent with the approved plans 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.

 

8.       The upper 2/3rd of the height of the boundary fence at Maroubra Rd must be at least 50% open.

 

Design details of the boundary fence 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.

 

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

 

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

 

The following 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.

 

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 $1,065,700, the following applicable monetary levy must be paid to Council: $10,657.00

       

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.

 

13.     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.

 

14.     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.

 

15.     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)

 

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

 

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

 

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

 

17.     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.

 

18.     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.

 

19.     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.

 

20.     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.

 

21.     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.

 

22.     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.

 

23.     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,

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

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

 

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

 

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

 

25.     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.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

28.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

33.     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.

 

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

 

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

 

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

 

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

 

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

 

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.     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).

 

39.     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.

 

40.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details and methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·           construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

44.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

47.     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.

 

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

 

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

 

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

§   Details of hazardous materials, including asbestos

§   Method/s of demolition and removal of asbestos

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

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

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

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

§   Date the demolition and removal of asbestos will commence

 

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

 

49.     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.

 

a)     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.

 

b)     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.

 

c)     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.

 

d)     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 ensure compliance with the Swimming Pools Act 1992 and to maintain public safety and amenity:

 

50.     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.

 

51.     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.

 

52.     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.

 

53.     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.

 

54.     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.

 

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:

 

55.     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:

 

56.     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.

 

57.     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:

 

58.     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)   $3000.00   -      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:

 

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

 

 

 

Maroubra Road Frontage

 

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

 

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

 

c)  Relocate the “No Stopping” sign located within the construction zone of the vehicular access servicing the dwelling fronting Maroubra Rd, to Council’s requirements.

 

Storey Street Frontage

 

d)  Construct a concrete vehicular crossing to service the new vehicular entrance to the Storey Street frontage.

 

60.     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.

 

61.     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:

 

62.     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:

 

Maroubra Road Frontage -match the back of the existing footpath along the full site frontage.

 

Storey Street Frontage -      Driveway entrance – southern edge – RL49.60 AHD

                                                  Driveway entrance – northern edge – 49.30 AHD

 

63.     The design alignment levels issued by Council 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.

 

64.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $1297.00 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:

 

65.     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.

 

66.     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.

 

Note:       Prior to the issuing of a Construction Certificate the applicant should liaise with Energy Australia in obtaining an indicative cost for the required relocation of the power pole located in Maroubra Rd which is within the construction zone of the vehicular access servicing the dwelling fronting Maroubra Rd.

 

              The applicant is also to liaise with the RTA regarding an indicative cost for the relocation of the DMR signal box located adjacent to the kerb within the construction zone of the vehicular access servicing the dwelling fronting Maroubra Rd.

 

67.     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 Councils Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

68.     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:

 

69.     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 issue, 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.  This may involve either connection to the Council's street gutter, or into a Council stormwater pit.  Note:  All proposals should indicate the location of the closest Council stormwater pit and line regardless of the point of discharge.  This information can be obtained by a visual inspection of the area and perusing Council's drainage plans.

 

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.

 

 

70.     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.

 

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

 

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

 

ii)  A suitably sized infiltration system.

 

72.     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 the Director of City Planning.  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.

 

73.     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.

 

74.     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.

 

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

 

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

 

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

ii)     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)

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

iv)    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.

 

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

 

78.     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 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).

 

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

 

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

 

81.     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.

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·      A child proof and corrosion resistant fastening system provided for the access grate.

 

·      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.

 

83.     Prior to the issue of an occupation certificate, 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 system and/or infiltration system is maintained and that no works which could affect the design function of the detention system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

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

b.   The linen plans shall indicate the location and dimensions of the detention/infiltration areas. 

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

 

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

 

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

ii)     Finished site contours at 0.2 metre intervals;

iii)    Volume of storage available in the detention areas;

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

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

vi)    Details of any infiltration/absorption systems; and

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

 

85.     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 to the satisfaction of the PCA.

 

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

 

Notes:

 

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

 

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

 

87.     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 waste management:

 

88.     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:

 

89.     Landscaping shall be provided to the site to enhance its amenity and reduce the impact of the development upon neighbouring properties. A landscape plan shall be submitted to and approved by the 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.

 

90.     Landscaped areas must contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

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

 

Tree Management

 

92.     Prior to the issuing of an occupation certificate the applicant shall, at there own expense, remove and stump grind the following trees located on Council’s nature strip:

 

 

Maroubra Road Frontage –   The Council street tree opposite the vehicular entrance to the site

 

Storey Street Frontage –     The Swamp She Oak which is in very poor health.

 

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

 

The applicant will be required to contact Council’s Landscape Development Officer on 9399-0613, giving at least two working weeks notice, to arrange for removal of the existing street tree/provision of a replacement street tree upon completion.

 

93.     Approval is granted for the removal of the following trees, covered by Council’s tree preservation order, located within the site:

 

a)     Jacaranda Tree located towards the rear western side boundary.

b)     Macadamia Tree located towards the rear western side boundary.

 

94.     Permission is granted for the removal of only those trees falling within the area occupied by the approved works. Removal of the remaining trees on the site are subject to separate application under the Tree Preservation Order.

 

95.     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

 

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

 

ADVISORY MATTERS:

 

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 Certification Services section prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

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

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

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

 

For further information please contact Council’s Building Certification Services on 9399 0944.

 

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

 

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

 

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

 

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

 

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

 

A6      The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act.  In this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

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

 

A7      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

Attachment/s:

 

Nil

 

 


Planning Committee

9 March 2010

 

 

 

Development Application Report No. D10/10

 

 

Subject:                  2-8 William Street, Randwick

Folder No:                   DA/855/2009

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Construction of a 3-bedroom dwelling on the rooftop level of an approved multi-unit residential development to create a total of 13 x 3-bedroom dwellings

Ward:                      North Ward

Applicant:                Draftsmart Pty Ltd

Owner:                         P and R Touma

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject application is referred to the Planning Committee for determination as the proposal involves variation to the floor space ratio development standard by 22%.

 

The site is located on the western side of William Street between King and Cowper Streets in Randwick. The site has a total frontage width of 24.375m, side boundary depth of 56.465m to the north and 40.03m to the south, and an overall land area of 1,269m2. At present, construction work for a multi-unit residential development is being undertaken on the site.

 

The proposed development is for construction of a 3-bedroom dwelling on the rooftop level in the rear section of the approved residential flat building, in lieu of an open communal terrace.

 

The application was advertised and notified from 2 to 16 December 2009 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of 4 objections were received at the conclusion of the public consultation process. The issues raised in the submissions include overshadowing, intrusion of privacy, noise, excessive building bulk and height, traffic congestion, structural damage to adjoining premises and property devaluation.

 

The site is located within Zone No. 2C (Residential C Zone) under RLEP 1998. The proposed development is permissible with Council’s consent.

 

The development will increase FSR from the approved 0.99:1 to a total of 1.1:1, and does not comply with the maximum limit stipulated in the LEP of 0.9:1. This equates to a variation to the statutory standard of 22%.

 

The location, height and footprint of the proposed rooftop dwelling will result in material additional shadow impacts on the adjoining property to the south at No. 10 William Street, rendering the rear portion of this neighbouring site being overshadowed for more than 3 hours on the winter solstice. It is acknowledged that the current primary function of the rear open space of No. 10 William Street is for vehicular access. However, the space is also partly utilised for clothes drying purposes. There are a number of mature trees near the rear boundary of No. 10 that offer a degree of privacy and amenity to this space. The rear open space is capable of being improved and used simultaneously as an informal outdoor recreation area for the residents and vehicular access.

 

Furthermore, given the Residential 2C zoning of the properties at Nos. 10 to 18 William Street, it is a possibility that these allotments would be redeveloped in the foreseeable future for medium density multi-unit housing. The degree of cumulative overshadowing would unreasonably impact on the amenity of any future redevelopment of No. 10.

 

The submitted SEPP 1 Objection relating to FSR has not appropriately addressed the overshadowing impacts on the adjoining property and is not considered to be well founded.

 

The proposed rooftop dwelling will result in an external wall height of 11.3m, and does not comply with the 10m external wall height standard in RLEP 1998. No SEPP 1 Objection relating to external wall height has been submitted.

 

The application does not include a SEPP 1 Objection as it interprets the “mansard” as a roof structure, and does not constitute part of the external walls. However, in this instance, the mansard roof is only a design feature where the inner enclosing walling to the unit is perpendicular to the floor slab. Without the inclining external wall layer, the addition would appear as an ordinary storey. The design does not reduce the overall height of the building. The topmost point of the mansard roof is at RL 46.3, which is the same as the roof ridge above Units 11 and 12. Therefore, the mansard roof is essentially a full storey and should be assessed against the external wall height control in the LEP. Given that the above control operates by virtue as a fixed development standard, the proposal fails to comply with the LEP.

 

The proposal would not promote the orderly use of the subject allotment due to its inadequate planning response to the local constraints and the development density that has already been accommodated on the site. Therefore, the proposal is recommended for refusal.

 

2.      The Subject Site and Surrounding Area

 

The subject site is located on the western side of William Street between King and Cowper Streets in Randwick. The site has a total frontage width of 24.375m, side boundary depth of 56.165m to the north and 40.03m to the south, and an overall land area of 1269m2. At present, construction work for a multi-unit residential development is being undertaken on the site.

 

Neighbouring the site to the north are the rear boundaries of four residential allotments, being Nos. 23-29 King Street. The properties at Nos. 25, 27 and 29 are each occupied by a detached dwelling. No. 23 has been cleared and is being redeveloped as a multi-unit residential building. The site is adjoined to the south by a walk-up flat building at No. 10 William Street. The rear boundary of the site adjoins the car park of a flat building at No. 34-52 Alison Road.

 

The locality is characterised by a mixture of detached, semi-detached and multi-unit residential developments.

 

Figure 1 William Street elevation of the multi-unit housing building being constructed on the subject site

Figure 2 Northern side elevation of the building being constructed as viewed from the courtyard of No. 25 King Street

 

3.      The Proposal

 

The proposed development is for construction of a 3-bedroom dwelling on the rooftop level in the rear section of an approved residential flat building, in lieu of an open communal terrace.

 

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

 

The proposal seeks to vary a development standard contained within RLEP 1998. A SEPP 1 objection has been submitted to Council.

 

Pursuant to Clause 32(1) 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. 2C is 0.9:1 or 1142.1m2 gross floor area (GFA). The proposal has an FSR of 1.1:1 or 1396.9m2 GFA, and exceeds the development standard by 0.2:1 or 254.8m2 GFA.

 

The proposed variation is summarised in the table below:

 

 

Floor space ratio (FSR)

Gross floor area (GFA)

Proposed FSR / GFA

1396.9m2

1.1:1

Approved FSR / GFA

1256.3m2**

0.99:1*

Permissible FSR / GFA

1142.1m2

0.9:1

FSR / GFA in excess of LEP standard

254.8m2

0.2:1

*Figure obtained from Council’s assessment report for DA/1140/2007

**Figure obtained from multiplying the FSR as stated in Council’s assessment report for DA/1140/2007 by the site area

 

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).

 

·      Comments:

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 applicant has submitted the following arguments in support of the SEPP1 Objection:

 

 

Whilst the submitted SEPP No. 1 Objection has articulated the stated and underlying objectives of the FSR standard, it has failed to address, in detail, how the proposed development will be consistent with the objectives of the Act and planning intention for the locality:

 

 

-    The SEPP 1 Objection has not undertaken an analytical comparison between the cumulative impacts of the current as well as the approved proposals, and the impacts that would otherwise be created by a fully compliant scheme having regard to the LEP controls. Specifically in terms of amenity impacts, the Objection has not highlighted the reduction of solar access to the southern neighbour (No. 10 William Street) due to the further breach against the FSR standard by the additional dwelling.

 

-    The SEPP 1 Objection stated that the proposal “will not result in any unreasonable adverse impacts on adjoining development in terms of loss of privacy, overshadowing or visual impact”. In fact, the revised shadow diagrams (certified by the consultant architect) clearly show that additional shadows, beyond the extent created by the approved development, will be cast on the southern neighbour at No. 10 William Street as follows:

 

11:00 am

Additional shadows on the rear part of the site covering approximately 0.5m2 in area

12:00 noon

Additional shadows on the rear part of the site covering approximately 11.5m2 in area

1:00 pm

Additional shadows on the rear part of the site covering approximately 8.1m2 in area

2:00 pm

Additional shadows on the roof

3:00 pm

Additional shadows on the roof and the front part of the site covering approximately 1.75m2 in area

 

Following the proposed development, the majority of the rear section of No. 10 William Street will be overshadowed for more than 3 hours on the winter solstice. It is considered that the cumulative overshadowing will impose an unreasonable constraint on future improvements or redevelopment of No. 10 William Street.

 

At present, No. 10 William Street is occupied by a part 2- and part 3-storey walk-up flat building constructed approximately in the inter-war era with no formal allocation of communal or private open space, with the exception of the landscaped front setback. The rear part of the site is primarily characterised by concrete paved surfaces for vehicular access to the rear garages. The space is also utilised for clothes drying purposes.  There are a number of mature trees along the south-western boundary that offer a degree of privacy and amenity to this space. The rear open space is capable of being improved and used simultaneously as an informal outdoor recreation area for the residents and vehicular access.

 

Given the Residential 2C zoning of the properties at Nos. 10 to 18 William Street, it is a possibility that these allotments would be redeveloped in the foreseeable future for medium density multi-unit housing. The degree of cumulative overshadowing would unreasonably impact on the amenity of any future redevelopment of No. 10.

 

There is a lack of planning justifications for the additional overshadowing beyond the extent created by the approved development, which is already in breach of the FSR standard.

 

The SEPP 1 Objection is unsatisfactory in that it asserts no unreasonable amenity impacts on the adjoining properties will result, and that it fails to assess the adverse implications on the neighbouring site as a result of the incremental increase in overshadowing. Accordingly, the Objection is not considered to be well founded and is not supported. 

 

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.”

 

·      Comments

The variations from the FSR standard are not consistent with the aims of SEPP 1 as they would detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would not promote orderly use of the land, and would result in unreasonable adverse environmental impacts on the southern neighbour at No. 10 William Street.

 

The proposal is not consistent with objective (c) of the Residential C Zone under Clause 12(1) of RLEP 1998 in that the rooftop dwelling in question, in conjunction with the approved development, will result in overwhelming shadow impacts on the adjoining residential property at No. 10 William Street.

 

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”.

 

·      Comments

The proposed development and variation from the development standard do not raise any matters of significance for State or Regional environmental planning.

 

Notwithstanding, the strict adherence to the numerical standard is considered necessary to minimise adverse environmental impacts on the adjoining property. Compliance with the FSR standard in this case is reasonable and necessary to ensure that any development on the subject site will not unreasonably compromise solar access to the adjoining property and is appropriate to the size of the land.

 

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 reasonable and necessary as the proposed design will not satisfy the underlying purpose 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 standard would not be defeated or thwarted as compliance with the purpose of the control as stated in the LEP is reasonable.

 

The approved development has an FSR of 0.99:1, which exceeds the LEP numerical standard by 0.09:1. However, the above proposal is considered to be reasonable given that the scale of the development is compatible with the streetscape, and the stepping of the built form would follow the natural topography and minimise shadow impacts.

 

The current proposal will further increase the FSR to 1.1:1. Despite the fact that the proposed rooftop dwelling is located to the rear and is not readily visible from the public domain, the unit will result in significant incremental shadow impacts on the neighbouring property. The additional floor space will result in material amenity impacts on the adjoining residential development and does not satisfy the purpose of the FSR control. The refusal of the proposed development will better achieve the purpose and underlying objective of the FSR standard. 

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 development standard has not been abandoned or discarded by any decision or actions of Council.

 

The approved development has an FSR of 0.99:1, which exceeds the LEP standard by 0.09:1. However, the above proposal is considered reasonable for the following reasons (extracted from Council’s assessment report for DA/1140/2007):

 

·      The height is consistent with other development in the street and generally is compliant with the LEP controls.

·      Privacy impacts have been avoided by careful planning and placement of window openings and balconies.

·      The bulk and scale has been minimised by the partial excavation of the site and the placement of the lower ground floor between 2m and 1.2m below natural ground level. The resultant three dimensional volume is consequently similar to that of a building with a compliant FSR.

 

The current proposal will further increase the FSR to 1.1:1. Despite the fact that the proposed rooftop dwelling is located to the rear and is not readily visible from the public domain, the unit will result in significant incremental shadow impacts on the neighbouring property. The additional floor space will result in material amenity impacts on the adjoining residential development and does not satisfy the purpose of the FSR control. The refusal of the proposed development will better achieve the purpose and underlying objective of the FSR standard. 

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 C zoning is not considered to be inappropriate for the locality.

 

5.      Site History

 

5.1    Previous development consents relating to the site

 

DA/1140/2007

Demolition of 4 existing semi-detached cottages and construction of a 3-storey multi-unit residential development comprising 12 x 3-bedroom dwellings over a basement car park for 24 vehicles.

The application was approved by Council on 26 June 2008.

DA/1140/2007/A

Section 96(1) modification to delete Condition 26 relating to the preparation of a dilapidation report.

The application was approved by Council on 24 September 2008.

DA/1140/2007/B

Section 96(1A) modification to delete Condition 84 relating to tanking of the basement structures.

The application has been withdrawn.

DA/1140/2007/C

Section 96(2) modification to extend the rear balconies.

The application was approved by Council on 11 February 2010.

DA/741/2009

Extension of the rear balconies to the approved residential flat building.

The application has been withdrawn.

 

5.2    Plan amendment

 

12 January 2010

A request was made for the submission of amended drawings addressing the following issues:

 

·      The shadow diagrams are not printed to scale and appear to suggest that no additional shadows would result from the proposed rooftop apartment. Revised shadow diagrams in 1:100 scale, certified as being accurate by the consultant architect, are to be provided.

·      A continuous planter box should be installed along the northern elevation of the rooftop balcony. The planter box should have a minimum width of 900mm with adequate soil depth to support shrub planting for screening purposes.

·      Suitable planter box and/or privacy screens should be installed along the western elevation of the rooftop balcony.

·      A sample board of external colour scheme and finishes should be submitted for assessment.

·      The ceiling construction should be shown in a 1:50 drawing to demonstrate the insulation detailing.

·      The design of the proposed vergola should be revisited to improve compatibility with the architectural character of the building.

28 January 2010

Amended architectural drawings, shadow diagrams, roof construction details and material samples were submitted to Council. The shadow diagrams now show that the rooftop unit will result in additional shadows on the adjoining properties. The amended plans indicate the installation of fixed privacy screens along the edges of the rooftop terrace.

4 February 2010

A further request was made for the submission of scaled shadow diagrams to describe the impacts of a theoretical, fully compliant development on the site. This will form the basis for comparing with the cumulative impacts from the approved building and the additional rooftop unit.

17 February 2010

Revised shadow diagrams demonstrating the hourly impacts of the proposal on the adjoining properties on 21 June were submitted to Council. No other information was submitted.

 

6.      Community Consultation

 

The subject application was advertised and notified from 2 to 16 December 2009 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:

 

·      17 King Street, Randwick

·      25 King Street, Randwick

·      10 William Street, Randwick

·      Anonymous submission

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The windows and balconies of the proposed apartment will overlook into the surrounding dwellings.

The applicant has submitted amended plans showing the installation of 1800mm high obscured glass privacy screens along the northern elevation of the outdoor terrace of proposed Unit 13, which returns to the western elevation for a distance of 2.5m.

 

It is considered that the above design measures will effectively minimise visual privacy impacts on the adjoining residential properties.

The proposal will result in noise impacts on the neighbouring residences.

The rooftop areas in the rear section of the building were originally approved as an outdoor communal terrace, which allows social gathering and passive recreation activities by the occupants.

 

The proposal will convert this area into a 3-bedroom dwelling unit. It is considered that the current development scheme will reduce potential noise impacts on the nearby properties.

The proposal is of an excessive height and bulk.

The proposed rooftop unit is located to the rear of the site and will not be readily visible from the public domain.

 

The proposed apartment is setback 3m – 3.3m and 2.6m – 3.9m from the northern and western external wall alignments below respectively. The recessed positioning of the rooftop dwelling would have reduced its visual prominence as viewed from the adjoining residential developments.

 

However, the design scheme relies on the extensive use of obscured glass privacy screens to minimise overlooking into the northern adjoining properties. The screens have a height of 1800mm and are setback only 1m to 1.3m from the northern external walls below. The screening devices would contribute to the visual bulk of the building and defeat the effectiveness of the dwelling setback. Consequently, the proposal is considered to create adverse visual impacts on the adjoining properties. 

The proposed apartment will obstruct views of the sky from the adjoining properties.

Based on inspections of the subject site and the objecting properties, it is considered that there are no significant view corridors across the site that would be impacted by the proposal.

The proposal will result in unreasonable overshadowing on the adjoining properties.

Agreed. The proposal will exacerbate shadow impacts on the adjoining properties beyond the extent associated with the approved development. Refer to the “DCP” section of this report for details.

The development will result in traffic congestion and reduce kerb side parking in the locality.

The development scheme complies with the parking requirements stipulated in the DCP. The additional 3-bedroom dwelling will generate minimal increase in vehicular traffic in the locality.

The development works will result in structural damage to the adjoining dwellings.

Appropriate conditions have already been included in Development Consent 1140/2007 to ensure that any earthworks will not adversely impact on the structural integrity of the adjoining properties.

The proposed development will devalue the surrounding residential properties.

Variations in property values are not considered to be a valid objection on town planning grounds.

 

7.      Technical Officers Comments

 

7.1    Development Engineer

The comments provided by Council’s Development Engineer are extracted below:

 

Parking Comments

The additional 3 bedroom unit would generate an additional 1.5 spaces.

 

The approved 12x3 bedroom units (DA1140/07) require

 

        Residential Spaces              - 12 x 1.5 = 18.0

Visitor Spaces                   - 12 x 0.25 = 3.0

TOTAL REQUIRED               - 21 Spaces

 

The proposed additional 3 Bedroom Unit giving 13x3 bedroom units would require:

 

        Residential Spaces      - 13 x 1.5 = 19.50

Visitor Spaces            - 13 x 0.25 = 3.25

TOTAL REQUIRED        23 Spaces

 

The DA approval (DA 1140/07) provided 24 car spaces which is more than the required number. The additional 3 bedroom unit will require the development to have 23 spaces which is catered for in the original approval (DA 1140/07).

 

There are no Development Engineering Conditions required for this application as they are covered with the Development Engineering Conditions issued with DA 1140/07.

 

7.2    Design Review Panel

The comments provided by the Design Review Panel are extracted under the “SEPP No. 65” section of this report.

 

8.      Master Planning Requirements

 

The site has a land area of less than 4,000m2 and a master plan is not required.

 

9.      Relevant Environmental Planning Instruments

 

9.1    Randwick Local Environmental Plan (RLEP) 1998

The Randwick Local Environmental Plan 1998 (Consolidation) was gazetted on 15 January 2010. Clause 7 of the above LEP 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 the new plan. The subject application was lodged on 20 November 2009 and is therefore subject to the savings provision. Furthermore, when determining an application to which Clause 7 applies, the consent authority must have regard to the provisions of the new plan as if it had been exhibited under the Act but had not been made.

 

The subject site is located within Zone No. 2C (Residential C Zone) under RLEP 1998. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential C Zone, in that the development will deliver multi-unit housing, which is compatible with the desired character of the locality.

 

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

 

Clause

Required

Proposed

Compliance

31 Landscaped area

(2) minimum 50% of site area

50%, no changes to the approved landscaped area provision are proposed

Not applicable

(3) landscaped areas over podiums or basements not to exceed 50% of required provision

No change

Not applicable

32 FSR

(1) 0.9:1 (1142.1m2 GFA)

1.1:1 (1396.9m2)

No, SEPP 1 Objection submitted

33 Building heights

(2) maximum height 12m

11.3m

Yes

(4) maximum external wall height 10m

11.3m

No, no SEPP 1 Objection has been submitted

 

Clause 33 Building heights

Clause 33(4) provides that the maximum height for any external wall of a building, other than a dwelling house, within Zone No. 2C is 10m measured vertically from any point on ground level.

 

The application has included only one section drawing (Section A-A). According to the submitted Section A-A, the topmost point of the proposed “mansard roof” (RL 46.3) will exceed the 10m external wall height line by a maximum of 1.2m.

 

According to the architectural literature, a “mansard roof” is defined as follows:

 

A roof with a steep lower slope and a flatter upper slope on all sides, either of convex or concave shape. (Burden, E, Illustrated Dictionary of Architecture, McGraw Hill, 1998)

 

A mansard or mansard roof (also called a French roof) refers to a style of hip roof characterized by two slopes on each of its four sides with the lower slope being much steeper, almost a vertical wall, while the upper slope, usually not visible from the ground, is usually pitched at the minimum needed to shed water. In more modern buildings, a mansard roof may mate a steep lower slope with a flat roof.

 

Figure 3 Typical cross-section of a mansard roof

 

 

The Statement of Environmental Effects (page 7) states that the proposed external wall height is 8.5m (RL43.4). RL 43.4 represents the topmost point of the parapet wall on level 4 of the rear section of the building. The topmost point of the mansard roof is RL 46.3. It is also noted that the application has not included any SEPP 1 Objection relating to breaches against the external wall height standard by the mansard roof. Based on the above, the proposal essentially interprets that the mansard roof would not be counted as part of the external wall but being a roof structure only subjected to the maximum building height standard.

 

However, it is considered that the mansard roof forms part of the external wall in this instance, and should be assessed against the external wall height standard under the LEP for the following reasons:

 

·      The proposed mansard roof is a design feature that attempts to distinguish the topmost floor from the storeys below. It should be noted that the inner skin of the external wall is perpendicular to the floor slab. Where the external inclined layer is removed, the form of the proposed apartment will be highly similar to a typical storey. Refer to drawing number 12B for a cross-section of proposed Unit 13.

 

·      The proposed mansard roof does not reduce the overall height of the building. The topmost point of the mansard roof is at RL 46.3 and is the same as the roof ridge above Units 11 and 12.

 

·      In this case, the mansard roof does not reduce the height and scale of the topmost storey and will exacerbate shadow impacts on the adjoining residential properties.

 

The proposal does not comply with the 10m external wall height control stipulated under Clause 33(4). Given that the above provision operates by virtue as a fixed development standard and that no objection has been submitted pursuant to SEPP No. 1, the proposal fails to comply with RLEP 1998.

 

9.2    Randwick Local Environmental Plan 1998 Consolidation

The subject proposal is consistent with the general aims and objectives of Randwick Local Environmental Plan 1998 (Consolidation).

 

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

The comments provided by the Design Review Panel and the design principles stated in the SEPP are addressed as follows:

 

Principle 1:         Context

 

The proposal is to add a fourth floor to replace a roof top terrace on the rear half of an approved apartment building that is currently under construction.  It is located in an area of varied scale and character.  In principle, in this context, the additional floor proposed could be satisfactory.

 

The additional level would not be very visible from the William Street, however, from the information presented in the architects drawings and the supporting planning report, although there are many trees, it is not clear what the impacts on the privacy of nearby houses and apartments might be.

 

The applicant should provide further detail that would allow this to be assessed.

 

Comments:

The amended plans indicate the provision of fixed obscured glass privacy screens of 1800mm high along the northern elevation of the balcony, and return to the western elevation by up to 2.5m. The above screening device will effectively minimise overlooking into the adjoining properties to the north.

 

There is dense foliage to the west and south-west of the site. Furthermore, the site is adjoined by the at-grade car park of No. 34-52 Alison Road on its south-western boundary. Therefore, the proposal is not considered to result in detrimental privacy impacts on the adjoining residential properties to the west and south-west despite the absence of screening devices on those elevations.

 

Figure 4 Views from the roof slab over level 3 looking west

Figure 5 Views from the roof slab over level 3 looking south-west

 

Principle 2:         Scale

 

As noted above, subject to there being no adverse impacts on neighbours, the scale of the addition proposed would be satisfactory.

 

Comments:

As will be discussed in the “DCP” section of this report, the proposal will result in unreasonable shadow impacts on the adjoining property at No. 10 William Street. The development density being sought is considered to be unsatisfactory.

 

Principle 3:         Built form

 

Generally the built form proposed is satisfactory, however, as the drawings are very sketchy, much more detail needs to be included in the application to ensure a satisfactory outcome. 

 

The following details (at least) must be provided to Council and potentially for the certifier. The details must be at a scale that is unambiguous:

·      The roof design; insulation of the roof is essential (not possible within the existing dimensions) and it is suggested that a lightweight double insulated and ventilated roof should be considered.  This need only increase the overall height of this part of the building to that of the existing parapet on the front section.

·      The proposed “vergola” structure and privacy screens.

·      Parapets and planters.

·      Wall claddings

·      Materials and finishes.

 

It is unclear what impact the required plumbing drainage, setdowns and acoustic requirements would have on the apartments on the floor below.

 

 

 

Comments:

The amended drawings clearly show the insulation and construction details of the ceiling and walls of the rooftop apartment. The dimensions and design of the vergola have also been included in the revised plans. The applicant has submitted a material sample board demonstrating the appearance of the wall claddings and privacy screen glazing. The revised submission has included sufficient information for Council’s assessment.

 

Principle 4:         Density

 

The proposed density of 1.1:1 is in excess of the Council’s 0.9:1, (an increase from the approved 1.01:1).  In this location, subject to there being no adverse effects and the quality of the design, this may be suitable.  The design must be of a high standard.

 

Comments:

As will be discussed in the “DCP” section of this report, the proposal will result in unreasonable shadow impacts on the adjoining property at No. 10 William Street. The development density being sought is considered to be unsatisfactory.

 

Principle 5:         Resource, energy and water efficiency

 

The proposed additional floor would have good cross ventilation and, subject to roof insulation being provided, could perform well, however the following matters need to be described and specified in much more detail. 

 

·      Doors and windows should be detailed and should be designed to permit secure, sheltered ventilation. 

·      Clerestorey roof lights to the centre of the deep plan apartment (Unit 13)

·      Ceiling fans should be provided and noted on the drawings

·      Ventilated lights should be provided above the internal bathroom and laundry.

 

Comments:

The revised scheme has included skylights over the bathroom, laundry, ensuite and hallway areas of the proposed apartment. The design is considered to enhance living amenity and energy efficiency of the dwelling.

 

Principle 6:         Landscape

 

Unless there is a specific reason for them, which has not been provided, the Panel questions the value of the proposed planter boxes on the south and south west corner of the building.

 

Comments:
The planter boxes originally proposed along the southern elevation of the building have been deleted.

 

Principle 7:         Amenity

 

Subject to the improvements discussed above being implemented, the proposed additional apartment would offer a very high standard of amenity.

 

Comments:

The proposed apartment will enjoy satisfactory solar access and cross-ventilation.

 

 

Principle 8:         Safety and security

 

Satisfactory.

 

Comments:

The proposal will not reduce casual surveillance of the surrounding public domain.

 

Principle 9:         Social dimensions

 

The increased density proposed is suitable for this well served and diversely used location.

 

Comments:

Satisfactory. 

 

Principle 10:      Aesthetics

 

The roofing material clad walls and new privacy screen are not necessarily well matched with the existing architecture of the building.  The Panel would prefer to see materials and colours for the entire project and some alternatives for the new apartment’s cladding that would create sunshading and weather protection over the openings and where the vergola would be more integrated with the design.

 

SUMMARY AND RECOMMENDATIONS

In principle this is a sensible proposal however the Panel considers that the existing building under construction does not satisfactorily meet SEPP65 standards. Consideration of this extra floor area and the loss of the roof terrace should be made only if the following improvements are made:

·      The roof to the eastern portion of the building has new clerestory skylights added to the living areas (not just the small dome lights that are currently indicated).

·      All existing openings receive sunhoods and weather protection.

·      Upper terraces receive some roof cover

·      The existing roof is fully insulated (polystyrene and pebble ballast)

·      Communal outdoor space is upgraded and the landscape design prepared by a well regarded landscape architect.

 

If required by the assessing planner, the Panel can see the application again after the above matters have been attended to.

 

Comments:

·      The material sample board shows the adoption of “VM Zinc Wall Claddings” as the finishes to the rooftop apartment. The use of metallic claddings in darker grey colour is considered to be compatible with the character of the approved building.

 

·      The proposed vergola appears to be an add-on structure and does not appropriately integrate with the inclined “mansard” roofing of the proposed unit. Although the vergola does not contribute significantly to the overall visual bulk, a more thoughtful design would improve the architectural character of the addition.

 

·      The proposed apartment is setback 3m – 3.3m and 2.6m – 3.9m from the northern and western external wall alignments below respectively. The recessed positioning of the rooftop dwelling would have reduced its visual prominence as viewed from the adjoining residential developments.

 

However, the design scheme relies on the extensive use of obscured glass privacy screens to minimise overlooking into the northern adjoining properties. The screens have a height of 1800mm and are setback only 1m to 1.3m from the northern external walls below. The screening devices would contribute to the visual bulk of the building and defeat the effectiveness of the dwelling setback.

 

It should be noted that the approved scheme (DA/1140/2007) incorporates continuous planter beds along the edges of the rooftop terrace in the rear section of the building. The width of the planters ranges from 1.9m to 3.1m.  

 

A more appropriate alternative would be a smaller sized dwelling with reduced building footprints and increased setbacks from the external walling below. This would enable any privacy screens to be stepped in further without significantly exacerbating the visual bulk and scale of the additional structures. Furthermore, the use of planter boxes with suitable shrub planting would also improve the privacy relationship with the neighbours and visually soften the building parapet.

 

In conclusion, the proposed development density will result in unreasonable shadow impacts on the neighbouring property to the south and is not supported. The design detailing of the privacy screens and vergola does not appropriately integrate with the built form, and the former feature would create adverse visual impacts on the adjoining properties. Therefore, the proposal is not considered to satisfy the provisions of SEPP 65.

 

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

SEPP: BASIX applies to the proposed development. The development application is accompanied with BASIX Certificate No. A71672. The requirements specified in the above certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

10.    Policy Controls

 

10.1  Randwick Development Control Plan (RDCP) Multi Unit Housing

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

The application has not undertaken a thorough analysis of the nature and layout of developments on the adjoining sites, and fails to consider in sufficient detail the potential impacts on the neighbouring properties.

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

 

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

24.375m, complies.

P3 Development on corner sites responds to both street frontages.

 

 

Not applicable.

Height

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

 

The design does not comply with the 10m external wall height control stipulated under Clause 33(4) of RLEP 1998 and no SEPP 1 Objection has been submitted.

 

As will be discussed, the proposal will result in unreasonable shadow impacts on No. 10 William Street. The proposal is deemed to be unsatisfactory in relation to external wall height.

 

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

 

The proposed apartment is setback 3m – 3.3m and 2.6m – 3.9m from the northern and western external wall alignments below respectively. The recessed positioning of the rooftop dwelling would have reduced its visual prominence as viewed from the adjoining residential developments.

 

However, the design scheme relies on the extensive use of obscured glass privacy screens to minimise overlooking into the northern adjoining properties. The screens have a height of 1800mm and are setback only 1m to 1.3m from the northern external walls below. The screening devices would contribute to the visual bulk of the building and defeat the effectiveness of the dwelling setback.

 

 

Building Setbacks

 

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

P2  Side boundary setbacks

Side setbacks to ensure:

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

 

 

 

 

 

 

 

 

S2  Zone 2B

Minimum average setback 4 metres.

No part closer than 2.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

S2  Zone 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

 

 

The proposed rooftop dwelling is located to the rear of the site.

 

 

 

Minimum 6.3m, complies.

P3  Rear Boundary Setbacks

Ensure that:

§ Solar access and overshadowing are minimised.

§ Privacy between neighbouring dwellings and their open spaces provided.

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

§ Building built across site.

S3  Zone 2B

Minimum average setback 6 metres.

No part closer than 4.5 metres.

Maximum length of wall without articulation 10 metres.

S3  Zone 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

Maximum length of wall without articulation 10 metres.

 

Minimum 8m, complies.

P4  General

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

 

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

Complies.

Density

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

 

The proposal will result in unreasonable cumulative shadow impacts on the adjoining property to the south. The proposed development density is considered to be excessive and is not supported.

Fences

P1  Fences to be/have:       

§ consistent with streetscape;

§ Entrances highlighted; and

§ Planting used to soften and provide privacy.

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

 

Not applicable.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1 Minimum for landscaped area 2 metres.

No change.

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

 

No change.

P3  Private Open Space

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

 

Complies.

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

 

Not applicable.

P6  Flats and apartments

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

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

Complies.

Privacy

P1  Visual Privacy

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

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

The applicant has submitted amended plans showing the installation of 1800mm high obscured glass privacy screens along the northern elevation of the outdoor terrace of proposed Unit 13, which returns to the western elevation for a distance of 2.5m. It is considered that the above design measures will effectively minimise visual privacy impacts on the adjoining residential properties. (However, the screening devices will also contribute to the visual bulk of the building.)

 

P2 Private open space design and location ensure privacy.

 

P3  Acoustic Privacy

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

 

Addressed by existing condition under DA/1140/2007.

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

Addressed by existing condition under DA/1140/2007.

 

View Sharing

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

 

 

The proposal will not obstruct any significant view corridors from any public or private domain.

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

 

P3 Buildings are aligned to maximise view corridors between buildings.

 

 

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

Refer to comments below.

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

 

Refer to comments below.

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

 

Refer to comments below.

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

 

Refer to comments below.

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

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

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

Refer to “BASIX”.

P5 Buildings have roofs with pitch suitable for solar collectors.

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

The roof design allows the installation of solar panels in the future.

Safety and Security

P1 Design allows surveillance.

 

Satisfactory.

P2 Approaches and entries are visible.

 

No change.

P3 High walls and structures avoided.

 

No change.

P4 Resident car parking has security grilles or doors.

 

No change.

P5 Visitor parking spaces clearly identifiable.

 

No change.

P6 Adequate lighting for personal safety and security provided.

 

No change.

P7 Adequate lighting is provided in common areas.

 

No change.

P8 External lighting does create a nuisance.

 

Addressed by existing condition under DA/1140/2007.

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

Satisfactory, refer to the “Parking DCP” section of this report for details.

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

 

No change.

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

 

Not applicable.

P3 Secure storage for bicycles is provided.

 

No change.

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

No change.

P2 Vehicles enter/ leave in a forward direction.

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

No change.

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

S3 Long driveways provide passing bays.

No change.

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

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

No change.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

No change.

P6 Driveway gradients safe.

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

 

No change.

Storage

P1 Accessible and separate storage for each dwelling.

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

The internal floor layout of Unit 13 contains sufficient space for placing of cabinets.

Barrier-Free Access

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

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

Addressed by existing condition under DA/1140/2007.

P2  Dwelling requirements:

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 so on…

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

 

Not applicable.

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

 

Not applicable.

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

 

A passenger lift has been incorporated in the development.

Utilities/Site Facilities

P1 Mailboxes provided in accordance with Australia Post.

 

Addressed by existing condition under DA/1140/2007.

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

 

Addressed by existing condition under DA/1140/2007.

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

 

Addressed by existing condition under DA/1140/2007.

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

 

Addressed by existing condition under DA/1140/2007.

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

 

Addressed by existing condition under DA/1140/2007.

P6 Telephone lines provided in accordance with the service provider.

 

Addressed by existing condition under DA/1140/2007.

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

 

Complies.

Waste Minimisation and Management

P1 Waste collection and separation facilities for each dwelling.

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

Satisfactory.

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

 

No change.

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

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

No change.

 

Overshadowing

The performance requirements of the DCP relating to solar access are extracted below:

 

Solar Access to Neighbouring Properties

P1     The design, orientation and siting of new buildings and landscaping minimise loss of solar access to neighbouring properties.

P1.1  Solar access to existing solar collectors on adjacent buildings is maintained between 9am and 3pm each day, throughout the year.

P1.2  Living areas of neighbouring dwellings do not have access to sunlight reduced to less than 3 hours per day throughout the year.*

P1.3  At least 50% of the principal landscaped areas of neighbouring dwellings does not have access to sunlight reduced to less than 3 hours per day throughout the year.*

 

*If less than this is available in the existing situation, the new development is not to reduce this further

 

P1.1

There are no existing solar collectors on the rooftop of No. 10 William Street.

 

Notwithstanding, according to the submitted shadow diagrams, any solar panels installed on the roof of No. 10 will receive less than 3 hours of direct sunlight between 9am and 3pm on 21 June.

P1.2

The approved development will result in a large portion of the northern façade of the residential flat building to the south (No. 10 William Street) being overshadowed between 9am and 3pm on 21 June. However, the windows on this façade are largely attached to secondary rooms. The windows to the principal living areas are oriented to the east and west and will obtain solar access in the morning and afternoon. The approved proposal is considered by Council to be acceptable given the orientation of the site.

 

The proposed rooftop dwelling will not result in any discernible difference in relation to the shadow impacts on the northern façade of No. 10 William Street.

 

P1.3

The revised shadow diagrams clearly show that the new rooftop dwelling will result in incremental shadows beyond the extent created by the approved development on the rear open space of No. 10 William Street as follows:

 

11:00 am

Additional shadows on the rear part of the site covering approximately 0.5m2 in area

12:00 noon

Additional shadows on the rear part of the site covering approximately 11.5m2 in area

1:00 pm

Additional shadows on the rear part of the site covering approximately 8.1m2 in area

2:00 pm

Additional shadows on the roof

3:00 pm

Additional shadows on the roof and the front part of the site covering approximately 1.75m2 in area

 

At present, No. 10 William Street is occupied by a part 2- and part 3-storey walk-up flat building constructed approximately in the inter-war era with no formal allocation of communal or private open space, with the exception of the landscaped front setback. The rear part of the site is primarily characterised by concrete paved surfaces for vehicular access to the rear garages. The space is also partly utilised for clothes drying purposes. There are a number of mature trees along the south-western boundary that offer a degree of privacy and amenity to this space. The rear open space is capable of being improved and used simultaneously as an informal outdoor recreation area for the residents and vehicular access.

 

Figure 6 Rear open areas of No. 10 William Street

 

Given the Residential 2C zoning of the properties at Nos. 10 to 18 William Street, it is a possibility that these allotments would be amalgamated and redeveloped in the foreseeable future for medium density multi-unit housing. The degree of cumulative overshadowing would unreasonably impact on the amenity of any future redevelopment at No. 10.

 

The rear unbuilt upon areas of No. 10 will be overshadowed to such a degree that less than 3 hours of direct sunlight will be available between 9am and 3pm on 21 June.

 

The application has failed to address Council’s information request for an analytical comparison between the cumulative impacts of the current as well as the approved proposals, and the impacts that would otherwise be created by a fully compliant scheme having regard to the LEP controls. There is a lack of planning justifications for the additional overshadowing beyond the extent created by the approved development, which is already in breach of the FSR standard.

 

Therefore, the proposal is not considered to satisfy the objectives and performance requirements of the DCP in this regard.

 

10.2  Randwick Development Control Plan (RDCP) Parking

The DCP specifies the following parking rates for multi-unit housing developments:

·      1.2 spaces / 2-bedroom dwelling: 13 x 1.2 = 15.6

·      1 space / 4 dwellings or part thereof for visitors: 13 / 4 = 3.25

·      1 bicycle space / 3 units, plus 1 visitor / 10 units: 5.63

 

The proposed development will generate a total parking requirement of 18.85 or 19 car spaces. The approved development provides 24 car parking spaces at the basement level. Accordingly, the existing parking facilities will satisfy the DCP requirements.

 

10.3  Randwick Section 94A Development Contributions Plan

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

 

Category

Cost

Applicably levy

S94A levy

Development cost $100,001 - $200,000

$170,500

0.5%

$852.5

Must be paid in cash, bank cheque or by credit cared

Development cost more than $200,000

------

------

------

 

11.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Section 79C(1)(a)(i) – Provisions of 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 proposal is consistent with the aims and objectives of the Randwick LEP 2008 (Consolidation).

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

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

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. A standard condition is recommended to address the above matter.

 

The relevant clauses in the Regulation relating to fire safety and demolition of structures can be addressed by appropriate conditions of consent.

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

 

The proposal will maintain the approved medium-density residential use of the site and is not considered to result in detrimental social or economic impacts.

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

The approved residential flat building on site already exceeds the maximum permissible FSR stipulated in RLEP 1998. The proposal will exacerbate the current development density and create material reduction of solar access to the adjoining property to the south. The scope of the development is considered to be excessive and is not suitable for the site.

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

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

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

The development scheme will result in detrimental and unreasonable shadow impacts on the adjoining property to the south. Accordingly, the proposal is not considered to be within the public interest.

 

 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.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

At present, the site has been approved with a 3-storey multi-unit housing development comprising 12 x 3-bedroom dwellings. The approved development already exceeds the floor space ratio control stipulated in RLEP 1998. The permissible FSR under the LEP is 0.9:1, whereas the approved development has an FSR of 0.99:1. In the light of the approved scale and density, the capacity for further intensification as well as the extent of desirable additional building heights and footprints would be limited. 

 

The location, height and footprint of the proposed rooftop dwelling will maximise shadow impacts on the rear unbuilt upon areas of No. 10 William Street. In this respect, the proposal is considered to impose an unreasonable constraint on future improvement or redevelopment of No. 10.

 

The resultant development would not promote the orderly use of the subject site due to its inadequate planning response to the local conditions and constraints. The submitted SEPP No. 1 Objection fails to appropriately assess the potential impacts on solar access to the adjoining property, and is not considered to be well founded.

 

The proposed rooftop dwelling will result in an external wall height of 11.3m, and does not comply with the 10m external wall height standard in RLEP 1998. No SEPP 1 Objection relating to external wall height has been submitted. Given that the above control operates by virtue as a fixed development standard, the proposal fails to comply with the LEP.

 

Therefore, the proposal is recommended for refusal. 

 

Recommendation

 

That Council, as the consent authority, refuses development consent under Section 80 of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 855/2009 for construction of a 3-bedroom dwelling on the rooftop level of an approved multi-unit residential development to create a total of 13 x 3-bedroom dwellings, at No. 2-8 William Street, Randwick, for the following reasons:

 

1.     The development scheme will significantly intensify the approved use without maintaining a reasonable level of amenity to the adjoining residential use in terms of solar access. Accordingly, the proposal fails to satisfy zoning objective (c) stipulated under Clause 12(1) of Randwick Local Environmental Plan 1998.

 

2.     The proposed development does not comply with Clause 32(1) Floor space ratio of Randwick Local Environmental Plan 1998 in that the proposal will significantly exceed the permissible floor space ratio. The submitted Objection under State Environmental Planning Policy No. 1 Development Standards in relation to this control is not well founded as the development will result in detrimental and unreasonable overshadowing on the neighbouring residential flat building to the south at No. 10 William Street.

 

3.     The proposed development does not comply with Clause 33(4) Building heights of Randwick Local Environmental Plan 1998 in that the proposed rooftop dwelling will exceed the permissible external wall height and that no Objection under State Environmental Planning Policy No. 1 Development Standards has been submitted to justify the variation to the development standard.

 

4.     The proposed development does not satisfy the provisions of State Environmental Planning Policy No. 65 Design Quality of Residential Flat Development in that the proposed density and scale will result in detrimental shadow impacts on the adjoining property to south. Additionally, the extensive use of obscured glass privacy screens and the form of the vergola do not appropriately relate to the architectural character of the rooftop addition and the approved building.

 

5.     The density, scale and form of the proposed development will result in detrimental shadow impacts on the adjoining property to the south and fail to satisfy the objectives for building height and density prescribed under Sections 3.2 and 3.4 of Development Control Plan – Multi-Unit Housing respectively.

 

6.     The proposal has not undertaken a thorough analysis of the nature and built form of the adjoining premises and the consequential constraints they have on the scope of further developments on the subject site. The proposal therefore fails to satisfy the performance requirements for site planning prescribed under Section 3.1 of Development Control Plan – Multi-Unit Housing.

 

7.     The proposed development will result in significant overshadowing of the rear unbuilt upon areas of the adjoining residential flat building to the south at No. 10 William Street, and does not satisfy the performance requirements for solar access and energy efficiency prescribed under Section 4.4 of Development Control Plan – Multi-Unit Housing.

 

8.     The proposed development is not within the public interest and does not satisfy the provisions of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

 

Attachment/s:

 

Nil

 

 


Planning Committee

9 March 2010

 

 

 

Development Application Report No. D11/10

 

 

Subject:                  66 Gubbuteh Road, Little Bay

Folder No:                   DA/781/2008/A

Author:                   David Mooney, Environmental Planning Officer     

 

Proposal:                     Section 96(2) modification by alteration to pool and deck, increase in size at ground level and first floor level decks, addition of pergola, alteration to floor plate, increase in size of rumpus room, alteration to western elevation and addition of privacy screen to deck of master bedroom

Ward:                      South Ward

Applicant:                G and D Boutsalis

Owner:                         G and D Boutsalis

Summary

Recommendation:     Part Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

This section 96(2) application is referred to the Planning Committee because the original development application was determined by Council.

 

The original approval was for a part 2 and part 3 storey dwelling with basement parking and in-ground swimming pool. The site is a vacant lot in the Prince Henry Hospital site. It faces the golf course and has magnificent sweeping panoramic views of Little Bay and the Pacific Ocean.

 

The proposed modification involves reclaiming sub-floor space, enlarging various outdoor decks, a new privacy screen off the master bedroom, and a new pergola for the outdoor decks that face the coast.

 

The new pergola unreasonably interferes with peripheral views from the neighbouring lot and there is a condition omitting it from the recommendation. The remainder of the proposal satisfies the requirements of section 96 and 79C of the Act

 

Approval subject to conditions is recommended.

 

2.    The Proposal

 

The proposal involves these modifications to the approved development:

 

·      Reduce length of pool and install extra pool deck.

·      Enlarge basement level rumpus room by recovering sub-floor area (includes adjusting floor levels above, but does not increase height).

·      Enlarge ground-level kitchen deck.

·      Add pergola to ground-level eastern deck.

·      Enlarge first-level deck off bedroom 5 (includes changes to the northern elevation).

·      Add privacy screen to first-level deck off Master bedroom.

 

3.    The Original Development Consent

 

The approved development involves construction of a new part 2 and part 3 storey dwelling with basement parking and an in-ground swimming pool.

 

4.    The Subject Site and Surrounding Area

 

The lot is within the Prince Henry Hospital re-development, on the eastern side of Gubbuteh Rd, north of the Mayo St intersection. The site is 737.8m2 with 15m frontage and 48m depth. The land falls away from the street on a gentle easterly aspect. There are single dwellings to the north and south, and multi-unit dwellings to the west. There is a golf course and views of Little Bay to the east.

 

5.    Site History

 

Council approved the original development application 23 June 2009. The site presently lies vacant.

 

6.    Community Consultation

 

Council notified the adjoining landowners of the proposed development application in accordance with policy. There was one objection and it is considered below:

 

Objection from 64 Gubbuteh Road

 

Issue: The pergola and privacy screen would unreasonable impact on views

 

Comment: View-loss is discussed in the environmental assessment section of this report and is unacceptable. There are conditions in the recommendation that require omission of the pergola.

                 

7.    Section 96 Assessment

The proposal satisfies the section 96(2) threshold test and is substantially the same as was originally approved. Parts of the development proposal fail Section 79C assessment and these are discussed in the following parts of this report.

 

8.    Section 79C 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.

 

Floor space ratio

The proposal increases floor space ratio from 0.49:1 (complying) to 0.62:1 (non-complying). Except for 2m2 added to bedroom No 5, the additional floor area is reclaimed sub-floor space and contained with the footprint and external configuration of the building. The floors above would be adjusted to accommodate the ceiling height of the new subfloor area, but there is no increase in overall height or any discernable increase in the mass of the approved building. The proposal continues to satisfy the purpose for floor space ratio in the Randwick LEP and Prince Henry Site DCP.

 

View-loss

Some foresight is required in the matter of pergolas at the Prince Henry Site. Many dwellings that face the golf course in Gubbuteh Rd and Murra Murra Pl have very large exposed decks allowing residents to take advantage of – and share – magnificent sweeping views of the golf course, Little Bay and the Pacific Ocean. There is a high degree of exposure to the elements here, because sharing the extensive views has been more highly valued than weather protection. Dwellings that face onto the golf course are very much characterised by these qualities.

 

If individuals began retrofitting large pergolas to their large decks, they would also begin to decimate each others views; taking away from the highly valued character and shared view-amenity of the area.

 

The present case is no exception. The proposed pergola interferes with the southern periphery of views from 64 Gubbuteh Rd (see figure 1). While not greatly affecting the core elements of the view such as those toward Little Bay and the Golf Course, the pergola would detract from its ‘magnificent sweeping’ nature. Considering the established and growing character of dwellings in the area, the greater amenity to the applicant, on balance, does not warrant the greater impact to the neighbour.

 

The outdoor recreation space for the proposed dwelling, like in many cases at Prince Henry, is supplemented by a smaller internal courtyard that is private and more protected from the elements for when the need arises to use such a space.

 

Figure 1 – A Photomontage of the proposed pergola (red) in a view from 64 Gubbuteh Rd, Little Bay

 

Other changes

 

Other proposed modifications are not significant to the overall impact of the approved development. The enlarged decks for the pool, bedroom 5 and the kitchen do not present additional privacy issues. The master bedroom privacy screen does not appear to interfere with peripheral views from 64 Gubbuteh Rd.

 

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 original approval was for a part 2 and part 3 storey dwelling with basement parking and in-ground swimming pool. The site is a vacant lot in the Prince Henry Hospital site. It faces the golf course and has magnificent sweeping panoramic views of Little Bay and the Pacific Ocean.

 

The proposed modification involves reclaiming sub-floor space, enlarging various outdoor decks, a new privacy screen off the master bedroom, and a new pergola for the outdoor decks that face the coast.

 

The new pergola unreasonably interferes with peripheral views from the neighbouring lot and there is a condition omitting it from the recommendation. The remainder of the proposal satisfies the requirements of section 96 and 79C of the Act

 

Approval subject to conditions is recommended.

 

Recommendation

 

That Council as the consent authority grant consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/781/2009/A for modification by alteration to pool and deck, increase in size at ground level and first floor level decks, addition of pergola, alteration to floor plate, increase in size of rumpus room, alteration to western elevation and addition of privacy screen to deck of master bedroom at 66 Gubbuteh Road, Little Bay in the following manner:

 

Amend Condition 1 to read:

 

1.    The development must be implemented substantially in accordance with the plans numbered DA01 dated 2/9/08 and received by Council 30/10/08 and plans numbered DA02 to DA05 dated May 2009 and received by Council 2/6/09, the application form and on any supporting information received with the application, as amended by the Section 96 plans dated 16 November 2009 and received by Council 19 November 2009 only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

Insert after condition 60 the following condition:

 

61.   The proposed metal louver sunshading with timber posts over the east facing living room and kitchen deck is not approved and must be deleted from the proposal. The Construction Certificate plans must show compliance with this requirement. 

 

Attachment/s:

 

Nil

 

 


Planning Committee

9 March 2010

 

 

 

Development Application Report No. D12/10

 

 

Subject:                  51 Willis Street, Kingsford

Folder No:                   DA/676/2009

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     Demolition of existing structures on site and construction of part 3 part 4 storey multi-unit housing building containing 5 units with basement carparking accessed from Kennedy Lane (SEPP1 objection to FSR control)

Ward:                      West Ward

Applicant:                Zamocopic Pty Ltd

Owner:                         Ms S Sykiotis and Mr G Xylas

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application is referred to the Planning Committee as the proposed development has been lodged with a State Environmental Planning Policy No. 1 Objection relating to a breach in the floor space ratio (FSR) standard which exceeds 10 per cent of the maximum FSR standard.

 

The subject application is for the demolition of existing structures on site and construction of part 3 part 4 storey residential flat building containing 5 units with basement carparking accessed from Kennedy Lane.

 

Following refusal of a previous DA (DA No. 1132/2007) for the subject site, the applicant has addressed these reasons for refusal with the lodgement of the current DA. The current proposal has been referred to the SEPP 65 Design Review Panel and the Panel has indicated that the proposal is an acceptable improvement over the previous design and is satisfactory subject to a number of suggested changes. The current DA plans which are the subject of this report are considered to be satisfactory, showing an improved proposal addressing the reasons for refusal of the previous DA.  Specifically, the amended plans show compliant building height and landscaped areas; re-configuration of internal planning and elevations; reduction in carpark basement size and overall excavation; and suitable privacy screening and protection.

 

The proposal has an non-compliant FSR of 0.87:1 (compared with the maximum 0.65:1 FSR standard for sites less than 700 sqm applicable under the Randwick LEP 1998) and is accompanied by a State Environmental Planning Policy No. 1 (SEPP 1) objection. The SEPP 1 Objection has been assessed and found acceptable as the proposal will be consistent with the planning objectives for the locality and purposes of the standard; the proposal is not considered to be visually intrusive or bulky; the development overall is considered to be consistent with the character of existing development in the streetscape and locality; and the additional density will not give rise to any detrimental impacts to surrounding uses in terms of  ventilation, sunlight, privacy, views, traffic and parking impacts. Accordingly, an assessment of the SEPP 1 objections indicates that strict compliance with the controls would be unreasonable and unnecessary as indicated in Section 10.1 of this report.

 

The proposal generally complies with the preferred solutions/performance requirements of the DCP - Multi-unit Housing with the exception of the setback controls which has been assessed in relevant parts of this report and found to be acceptable as the proposal still achieves the performance requirements of the control.

 

The proposal will comply with the numerical car parking requirement of the DCP – Parking.

 

The proposal would be suitable for the site and would have acceptable impacts on the amenity of adjoining and surrounding properties.

 

The recommendation is for approval subject to conditions.

 

2.      The Proposal

 

The current proposal includes the following components:

 

·      Demolition of all existing structures on site.

 

·      Construction of a part-3 and part-4 storey split level residential flat building containing 5 apartment units with basement carparking accessed from Kennedy Lane. The floor space elements of the building are summarized below:

 

Level 1:          1 x 2-bedroom unit with 1 multi-use/media room

 

          Level 2:          1 x 2-bedroom unit with 1 multi-use/media room

          Carpark containing for 8 vehicles (including 4 mechanically stacked parking spaces)

 

Level 3:          1x 2-bedroom unit with 1 multi-use/media room and 1 x 2 bedroom unit

 

Level 4:          Lower floor of split level 1 x 3-bedroom unit

 

          Level 5:          Upper floor of split level 1 x 3-bedroom unit

 

3.      The subject site and surrounding area

 

The subject site is described as Lot 3 in DP 323581, No. 51 Willis Street, Kingsford. The site is located on the eastern side of Willis Street, between Middle and Meeks Streets. The topography of the land slopes from the north-east to the south-west with a cross fall of approximately 9.11m (from RL 57.65m to RL 48.54m). The dimension and land area of the site are summarised in the table below:

 

Allotment boundary

Length

Land area

Northern, side boundary

53.645m

 

Southern, side boundary

53.645m

 

Eastern, Kennedy Lane boundary

12.19m

 

Western, Willis Street boundary

12.19m

 

 

 

653.9m2

 

The rear portion of the site is accessible from Kennedy Lane, which is predominantly characterised by vehicular access and parking facilities servicing developments that front Willis and Kennedy Streets.

 

At present, the site is occupied by a two-storey detached residence of rendered brickwork and fibro construction. An in-ground swimming pool, a garage and a car port are constructed in the rear portion of the site. Immediately adjoining the site to the north (No. 47-49 Willis Street) is a three-storey spilt level residential flat building. The site is adjoined to the south by a part two- and part three-storey detached dwelling house of Art Deco character, which is listed as a heritage item under Randwick Local Environmental Plan 1998. The locality is characterised by a mixture of detached, semi-detached and multi-unit housing developments.

 

Figure 1 provides an aerial view of the subject site and the surrounding built environment. Photos 1-4 show the existing developments on the subject and adjoining sites.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Photo 1 Willis Street elevation of the existing building on the subject site

 

Photo 2 The adjoining heritage item at No. 53 Willis Street

 

 

 

 

 

 

 

 

 

Photo 3 Southern elevation of the adjoining residential flat building at No. 47-49 Willis Street

Photo 4 Kennedy Lane elevation of the subject site (middle) and No. 47-49 Willis Street (right)

 

4.      Site History

 

DA No. 1132/2007 for demolition of the existing dwelling and associated structures on site, and construction of a new 3 storey multi-unit housing development comprising 5 x 3 bedroom dwellings with basement & ground level parking for a total of 9 vehicles with access from Willis Street and Kennedy Lane, and strata subdivision was refused on 6 August 2008. The DA was refused primarily on the grounds of the development’s non-compliances with the Randwick LEP 1998 standards relating to FSR, external wall height and landscaped area, resulting, in turn, in its failure to support the general aims of the LEP and the specific objectives of the Residential 2C zone.

 

The current DA was lodged on 22 September 2009 for a proposal that seeks to address all of the reasons for refusal of the previous DA No. 1132/2007.

 

5.      State Environmental Planning Policy No 1 Objections

 

Clause 32           Floor space ratios

 

The proposal seeks to vary a development standard contained with Randwick Local Environmental Plan 1998 being Clause 32 - Floor Space Ratio.

 

A maximum FSR standard of 0.65:1 is applicable to the subject site (being less than 700 sqm in area) pursuant to Clause 32 of the Randwick Local Environmental Plan 1998. The proposed multi-unit housing development will result in an FSR of 0.87 : 1 on the 653.9 sqm site.

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with Clause 32 of Randwick LEP is unreasonable and unnecessary. Principles for assessing SEPP 1 Objections have been established in the NSW Land and Environment Court case, Wehbe v Pittwater Council [2007] NSWLEC 827. 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. The principles established in Wehbe v Pittwater Council are addressed in the assessment of the applicant’s current SEPP 1 Objection:

 

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 maximum FSR standard as outlined in the LEP is:

 

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

 

The applicant has submitted the following arguments in support of the SEPP1 Objection:

 

 

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

 

·      The excess floor area, amounting to 145 sqm, will be suitably distributed throughout the proposed building mass such that the proposed development will not be visually intrusive and will not read as an overdevelopment in the existing streetscape and locality.

 

·      The proposal will have a maximum building height (10.2m) and maximum wall height (9.8m) that complies with the maximum 12m building height and maximum 10m wall height of the Randwick LEP 1998. 

 

·      The proposed development will be in keeping with the existing height and scale of multi-unit housing development in adjoining sites, in particular, it will result in a lower building than the adjoining residential flat building at No. 47-49 Willis Street. Additionally, it will also provide a reasonable backdrop to heritage item at No. 53.

 

·      The proposed multiunit housing development will have adequate landscape area (50.1% of site area) which complies with the minimum 50% requirement under Clause 31 of the Randwick LEP 1998 and adequate deep soil landscaping (max 34% over podium basement) which complies with the maximum 50% requirement under Clause 31 of the Randwick LEP 1998.

 

·      The proposal has adequate carparking for the multi-unit residential development as it complies with the numerical requirements of Council’s DCP – Parking.

 

·      The proposal will be consistent with the objectives of the Residential 2C zone in which the site is located as it will contribute towards the variety of housing types in the area being for 2 and 3 bedroom dwellings

 

·      The proposal will not compromise the amenity of surrounding residential areas in terms of privacy, solar access, views, bulk and scale and heritage impacts as indicated in relevant assessment sections of this report.

 

In conclusion, the proposal has adequately addressed the consistency of the proposed development with the underlying and stated purposes of the standard and the local planning objectives for the locality and objectives of the Act. The SEPP 1 objection has been provide that appropriately justifies that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case.

 

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 variation from the FSR control is consistent with the aims of the SEPP No.1 because it would not detract from the objects of the Act under Section 5 (a) (i) and (ii) in that the resultant development would promote the orderly use and development of the subject land because

 

·      it will have a height, bulk and scale that will not detract from the predominant existing character of its specific location containing predominantly medium to high density residential development typically older style residential flat buildings, 1970’s three to four storey walk-ups and large duplexes and detached dwellings. 

 

·      it will create additional floor area that will not negatively impact upon the amenity of adjoining and surrounding uses  in terms of privacy, solar access, views visual bulk and scale and detrimental heritage 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”.

 

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 be necessary, in this case, for maintaining the low to medium density housing forms in the locality, including dwelling houses and semi-detached housing, and the like, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development.

 

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 for the proposal to  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 not 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:

Compliance would, in this case, be unreasonable to achieve the underlying objective of the standard.

 

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 maximum FSR development standard has 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 2C zoning is not considered to be inappropriate for the locality, which is characterised by low to medium density residential development. 

 

6.      Community Consultation

 

The proposal was notified and advertised from 7 October 2009 to 21 October 2009 in accordance with the DCP – Public Notification. In response, 5 submissions (4 objecting to, and 1 in support of, the proposed development) were received as listed in Sections 6.1 and 6.2 below.

 

6.1    Objections to the proposal

 

The issues raised in the submissions are addressed as follows:

 

 

Issues

Comments

The proposal will overlook the windows and balconies of No. 47-49 Willis Street.

The proposal will have high sill windows to living and dining rooms in the north-elevation which combined with the approximately max 8m separation distance containing existing mature landscaping will mitigate against any potential loss of privacy. See Section 11.3.2.2 below.

The proposal will obstruct district views currently enjoyed by No. 47-49 Willis Street.

Applying the principles for assessing view loss established in the case of Tenacity Consulting vs Warringah Council (see Section below), the loss of distant views of Botany Bay is considered reasonable, primarily because of the non-iconic quality of the views and their current enjoyment across side boundaries and existing urban development. See Section 11.3.2.2 below.

Proposed FSR significantly exceeds maximum FSR standard.

 

 

Whilst the proposal exceeds the maximum permissible FSR of 0.65:1 (948.42m2) with a proposed FSR of 0.87:1 (1022.1 m2 ), the proposal will have a visual bulk and scale that is not considered to be out of character in the context of existing development in the adjoining/surrounding land; has a building height that complies with the maximum height limits of the Randwick LEP; and is not considered to result in any detrimental impact on the amenity of adjoining residents. In this regard,  assessment of SEPP No 1 Objection lodged in relation to the breach in FSR shows that it is well founded and strict compliance with the standard would be unreasonable and unnecessary (see Section 5 above).

Excessive bulk and scale especially on Kennedy Lane

The proposal has a building and wall height that complies with the Randwick LEP standard which combined with a strong articulation scheme (indents, bays and external features) helps to break its visual bulk and scale. The scale of the building to Kennedy Lane is consistent with that of existing buildings along this street and smaller compared to that of the adjoining residential flat building at No. 47-49 Willis Street.  

Narrow width of subject site does not allow compliance with side setback controls.

Refer to the “DCP” section of this report for assessment and details which essentially finds that the proposal will meet the side setback performance requirements of the DCP – Multiunit Housing.

Loss of natural daylight to south-facing units in No. 47-49 Willis Street.

There will be a maximum building separation of 8m between the objectors’ building and the proposed development. This is considered reasonable and adequate to allow for natural daylight to permeate between the two buildings. 

The proposal will devalue the adjoining property at No. 47-49 Willis Street.

Fluctuations in property values are not considered to be a valid objection pursuant to Section 79C of the Environmental Planning and Assessment Act 1979.

Increased traffic in the locality and increased parking demand on Kennedy Lane

 

The proposal is for a medium density development with 5 dwelling units and maximum 8 carparking spaces. Accordingly, the proposal is expected to generate a low traffic of approximately 3 vehicles per hour in the peak hour that is considered acceptable for the surrounding road network to accommodate with minimal noticeable or unacceptable effect on the road network serving the site in terms of road network capacity or traffic-related environmental effect. Additionally, the proposal complies with the residential and visitor carparking requirements of Council’s DCP – Parking. Council’s Development Engineer raises no concerns in relation to traffic and parking impacts from the proposal.

Noise from future residents/visitors using the side pathway and side entry

The location of the entry point on the side of the proposed building is not atypical of many residential flat buildings in any given suburban context. The proper use of the side pathway and entrance is matter of compliance between future residents and existing neighbours and can be regulated in accordance with the provisions of the Protection of the Environment Act. 

Destruction to existing trees of adjoining properties.

 

Inadequate landscaping and selection of species.

Protection of adjoining trees is addressed by way of relevant conditions of consent if applicable. A condition will also be applied requiring a detailed landscaped plan for Council’s approval prior to issue of Construction Certificate.

Various amenity impacts, including noise, air pollution, traffic congestion and structural damage, excavation, will result during the construction phase.

Specific conditions can be imposed to require adequate construction site and traffic management measures to be implemented during the construction phase of the development.

 

6.2    Support for the proposal

 

One submission from the owner the adjoining heritage item at No. 53 Willis Street has been received in support of the proposed development and raising no concerns in relation to the proposal.

 

 

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    Development Engineering Comments

 

Council’s Development Engineer advises as follows:

 

Landscape Comments

All vegetation within the subject site was observed to be either small and insignificant, or classified as weed species within the Randwick LGA, and can therefore be removed in order to accommodate the proposed works as shown, subject to implementing the new landscape scheme as this will assist in integrating the proposal into the streetscape, minimizing any impact on adjoining properties, and will also benefit future occupants.

 

Beyond the northern boundary, along the side setback of the adjoining property, 47-49 Willis Street, there is a group of semi-established trees (which are all shown on the site survey and associated plans) that may be affected by excavations associated with the basement level given their close proximity to the common boundary.

 

They comprise from west to east, two 8-10 metre Eucalyptus scoparia (White Gums) near the southwest corner of this neighbouring building, with an existing pedestrian path running between the trees and common boundary, and then further to the east, above an existing 2-3 metre high retaining wall constructed between the southern wall of this neighbouring building and the common boundary, a stand of 6-8 metre tall Allocasurina species (She-Oaks), with another stand of similar sized Allocasurina species (She Oaks) existing further to the east, towards Kennedy Lane.

 

As they’re located on an adjoining property, both the applicant and Council have a common law responsibility to ensure they remain unaffected, with this proposal showing that vehicle access will be gained off Kennedy Lane at the rear, with the basement and lower ground floor levels indicating the construction of wall along the common boundary, extending west of the most western stand of She Oaks.

 

A second site inspection confirmed that the difference in level between the two properties (subject site lower), combined with the presence of existing hard surfacing and structures such as paving and retaining walls along the common boundary, will assist in minimizing damage to the southern sides of their root plates during excavations as these structures would have acted as physical barriers, which to varying degrees, would have impeded their root growth into the subject site, with She-Oaks also recognized as one of the most resilient of all tree species.

 

However, given their close proximity to the boundary, roots may still be encountered, with conditions required to achieve the following:

 

·      That the carpark layout be modified should it be considered that construction of the carpark in the form submitted will adversely impact on the long term health and stability of the trees to the north of the development site;

 

·      That the internal driveway be modified should it be considered that construction of the internal driveway in the form submitted will adversely impact on the long term health and stability of the trees to the south of the development site;

 

·      That favourable construction methods designed to prevent collapse of the soil profile and limit the amount of root disturbance be utilized adjacent to these trees.

 

Further, so as to avoid damage/conflict to these neighbouring trees from site machinery or scaffolding during the course of works, permission has also been granted for the minimal and selective pruning of overhanging branches from their southern aspects, prior to the commencement of works if necessary, as the amount required is not such that will affect the health of any of these trees.

 

The sloped embankment fronting Willis Street, across the full width of the site, is unsightly, unusable, and difficult to maintain, with conditions in this report requiring that as part of constructing access stairs between the kerb/footpath and front boundary, the applicant must liaise with Council in regards to terracing and planting of this area, as this will improve its appearance, and subsequently, also improve the relationship of the proposal with the streetscape.

 

Drainage Comments

On site stormwater detention is required for this development.

 

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

 

Traffic & Parking Comments

 

The average traffic generation for the proposed residential development consisting of 5 residential units will be in the range of 20 to 25 vehicle movements per day.

 

The expected peak flow volume of approximately 2.5 vehicles per hour is considered low and no delays should be experienced in Kennedy Lane as a result of this development.

 

Parking provision – Council’s DCP-Parking requires parking to be calculated at the following rate.

 

1.2 spaces per 2 bedroom unit

1.5 spaces per 3 bedroom unit

1 visitor space per 4 units

 

Parking for the 5 unit development consisting of 4 x 3* bedroom + 1 x 2 bedroom units

Total required= 4 x 1.5 + 1 x 1.2 + 1 visitor space = 8 spaces

Total provided= 8 (inc 2 car stackers).

 

* -Some units have been shown as having 2 bedrooms and a multi-use room but have been assessed as a 3 bedroom unit for parking.

 

The carspace provision complies with Council’s DCP-Parking

 

Carpark layout – An analysis of car turning paths using the B-85 design temple in Australian standard has indicated that the carpark layout basically complies with Australian standard 28990.1:2004.

 

Provision of mechanical turntable/car lift - The submitted plans show the provision of carstacker. In previous memo from Development Engineering specifications including dimensions and maintenance schedules were requested. This information has now been submitted and is satisfactory to Development Engineering.

 

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 are between 1 & 2 million dollars the applicant would normally be required to meet all costs associated with replacing overhead wires with Aerial Bundled Cables in the vicinity of the development site. However as the overhead wires are located on the other side of Willis St then this requirement is not applicable.

 

7.2    Building Services Comments

The Manager of Environmental Health and Building Services advises that no objections are raised to the proposal in relation to building issues subject to conditions.

 

7.3    Environmental Health Comments

The Manager of Environmental Health and Building Services advises that no objections are raised to the proposal in relation to environmental health issues subject to conditions.

 

7.4    Heritage Comments

 

The Heritage Planner advises as follows:

 

It is noted that as the heritage item was constructed in 1937, or certainly before 1942, so its historical and aesthetic significance relate to the Interwar period, rather than to the 1950s post-war period as stated in the SHI. 

 

The heritage item to the south has a very generous setback from the street, while the existing building on the subject site has a minimal setback.  As compared to the original proposal the current proposal has retained the front setback originally proposed, but has changed the building envelope.  The streetscape dominance of the development has been reduced by lowering the height, by reducing the roof overhang of the top level balcony, and by providing a planter box to soften the front edge of the building.  Although the increased scale of the proposed development as compared to the existing building will give the proposal a greater prominence in the streetscape, it is considered that the proposal will not detract from the contributory value of the front façade of the heritage item. 

 

The buildings on the eastern side of Willis Street are considerably elevated above the street and the front garden setting of the heritage item consists of a low brick retaining wall to the front boundary (incorporating an excavated garage with a rooftop terrace adjacent to the southern boundary) with a rockery behind it accommodating a further change of level.  A further low brick retaining wall, also incorporating planting, forms a level terrace close to the north western corner of the dwelling.  The development to the north of the subject site is screened from view by heavy planting in the front setback area.  Landscape details submitted with the application indicate heavy planting to the front setback area of the proposed development which will differentiate and screen it from the heritage item.  A consent condition should be included requiring that the main section of the masonry front fence, shown in the elevation and section, does not exceed 1.2m to ensure compatibility with the low brick retaining wall to the heritage item. 

 

It is noted that the subject site is to the north of the heritage item and is at a considerably higher level.  Shadow diagrams indicate an increase in overshadowing as a result of the increased height of the proposed development compared to the existing building.  It is noted that the additional roof level bedroom will result in additional overshadowing to the rear garden of the heritage item. 

 

It is considered that the proposal is unlikely to physically damage the adjacent heritage item, nor unreasonably impact on its setting, or views to and from the heritage item

 

8.      Master Planning Requirements

 

Clause 40A of the 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 653.9 sqm in area, is not subject to the provisions of Clause 40A.

 

9.      Relevant Environmental Planning Instruments

 

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

 

9.1         Randwick Local Environmental Plan 1998

The subject site is zoned Residential 2C under the Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent. Clause 9 of RLEP 1998 requires Council to consider the aims of the LEP and Zone objectives. In this regard the proposal will not compromise the aims of the LEP in relation to aesthetic character, environmental qualities and social amenity of the locality and provide a variety of housing types that does not compromise the amenity of the residential area, consistent with the zone objectives. The following Clauses of the RLEP also apply to the proposal:

 

Residential

Clause No.

Requirement

Provided

Compliance

31(2) - Landscaped Area

50% of site area (or 326.9m2)

50.1% (or 328m2)

Yes

31(3) – Landscaped Area over Basement

Less than 50% of landscape  area requirement

(max 163.45m2)

34.4% or  225 sqm

Yes

32 - FSR

0.65:1 (425m2)

0.87:1 (571 m2  increase of 146 m2)

No (SEPP 1 Objection)

33(1) – Building Height

 

Max 12m

Max 10.2m to top of roof on Willis Street.

Yes

33(3) – External Wall Height

 

Max 10m

Max 9.8m mid section northern side

Yes

Other Clauses

Effect

Applies

Comment

43

Heritage Item or Conservation Area

No

NA

46

Vicinity of Heritage Item

Yes

See Heritage Planners comments and conditions above.

 

The following relevant clause also apply to the proposal (and is addressed in detail in Section 11.1 below):

 

Clause 40        Excavation and filling of land

 

9.2      Randwick Local Environmental Plan 1998 (Consolidation)

The proposal is consistent with the aims and objectives of the RLEP 1998 (Consolidation).

 

9.3    Relevant State Environmental Planning Policies

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

 

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

 

The application of these policies to the proposal is addressed in Section 11.1 below.

 

10.      Policy controls

 

The following Development Control Plans are applicable in the subject site:

 

·      Development Control Plan – Multi-unit housing

·      Development Control Plan - Parking

 

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

 

The following policy is also applicable to the proposed development:

 

·      Randwick City Council Section 94A Development Contributions Plan, effective from 2 July 2007

 

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.

 

 

 

11.1  Statutory Controls – S79C(1)(a)

 

11.1.1 Randwick LEP 1998

 

Clause 40           Excavation and filling of land

Clause 40 of the Randwick LEP contains provisions for undertaking of excavation and filling of land. The proposal will require earthworks to be undertaken to construct foundations and semi-basement carpark for the building. The current proposal has reduced the depth and extent of excavation on-site compared to the previous refused DA. In order to further reduce the visual impact of the side retaining walls of the basement carpark on adjoining properties, conditions will be applied (as recommended also by the SEPP 65 Design Review Panel) to treat the façade and position of these walls.

 

Overall, the excavation works are required to make the site functional for the proposed development but will not result in any detrimental impact on the topography of the site; is unlikely to interrupt the drainage patterns of the site or result in soil instability; and will not adversely impact upon the scenic quality of the site and locality subject to appropriate drainage and building conditions should approval be granted. Accordingly, the proposal is acceptable in relation to the provisions of Clause 40.

 

11.1.2             State Environmental Planning Policy 65 – Design Quality of Residential Flat Development (SEPP 65)

The proposal is subject to the provisions of State Environmental Planning Policy No. 65 (SEPP 65) – Design Quality of Residential Flat Buildings. The application has been considered by Council’s Design Review Panel. The Panel’s comments are addressed in section 11.3.2.1 below.

 

11.2  Policy Controls– Section 79C(1)(a)

 

11.2.1                 DCP – Multi-unit Housing

 

The table below assesses the proposal against the Preferred Solutions of the DCP – Multi-unit housing, and where variations occur, assessment is made against the relevant Objectives and Performance Requirements. 

 

Performance requirements

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

Site analysis plan provided

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

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

The site has an allotment width of 12.19m and does not comply with the preferred solution. However, the current proposal is an improvement over the previous refused DA in terms of height, bulk, scale, setbacks and such that the proposal now achieves the performance requirements of the control in that the proposed development is now commensurate with the areas/dimensions of the subject site.

P3 Development on corner sites responds to both street frontages.

 

Not applicable

Height

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

 

The proposal complies with the maximum building and external wall height standards of the Randwick LEP. The location and orientation of the proposed building will not cause substantial adverse impacts on streetscape or adjoining properties.

P2 Variations in massing and height create visual interest, distribute the bulk of the building.

g and minimise amenity impacts on the streetscape and adjoining properties.

 

Building bulk is distributed over a building layout that creates adequate visual interest in terms of articulation and façade treatment to minimise amenity impacts on the streetscape and adjoining properties.

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

 

Front setback of max 8.5m (to glass-line) consistent with setback of adjoining building at No. 47-49 Willis Street.

P2  Side boundary setbacks

Side setbacks to ensure:

·    Solar access maintained and overshadowing minimised.

·    Privacy between adjoining dwellings and open spaces.

·    Landscaping and private open space provided.

·    Streetscape amenity is maintained.

S2  Zone 2c

o     No part closer than 3.5 metres.

o     Minimum average setback 5 metres.

o     Maximum length of wall without articulation is 10 metres.

o     Minimum length of any step is 3 metres.

North & South

o     No – closest part of building is 1.4m to northern boundary and 2m to southern boundary.

o     No – closest part of building is 1.4m to northern boundary and 2m to southern boundary.

o     No – wall without articulation exceeds 10m length but only on northern side

o     Yes – approx 500mm (min) step

 

 

 

While the proposal does not comply with the side setback requirements of the DCP, it achieves the performance requirements of the control in that :

 

 

 

·    Solar access is maintained to the adjoining northern and southern properties and overshadowing is minimised to the adjoining southern property.

·    Privacy is adequately maintained between adjoining dwellings (through the use of high sill windows, splay windows and appropriate screening) and to adjoining open spaces.

·    Landscaping and private open space is adequately provided in the proposed development.

·    Streetscape amenity is maintained.

P3  Rear Boundary Setbacks

Ensure that:

·    Solar access and overshadowing are minimised.

·    Privacy between neighbouring dwellings and their open spaces provided.

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

·    Building built across site.

S3  Zone 2c

Minimum average setback 6 metres.

No part closer than 4.5 metres.

Maximum length of wall without articulation 10 metres.

 

East

 

Rear east boundary fronts Kennedy Lane so that the preferred solutions for rear setbacks would not be strictly applicable. The proposed rear setback will achieve the performance requirements of the control in that

 

·    Solar access is maintained to the adjoining northern and southern properties and overshadowing is minimised to the adjoining southern property.

·    Privacy is adequately maintained between adjoining dwellings (through the use of high sill windows, splay windows and appropriate screening) and to adjoining open spaces.

 

 

·    Landscaping and private open space is adequately provided in the proposed development.

·    Streetscape amenity is maintained

P4  General

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

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

No adverse impacts on adjoining properties arising from eaves, window hoods and other sun-shading or weather protection

Density

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

 

The bulk and scale of the proposed building when viewed from adjoining public spaces, streetscape and private properties is visually compatible with existing 3-4 storey RFBs and duplexes/dwelling houses in adjoining and surrounding properties.

Fences

P1  Fences to be/have:

·      consistent with streetscape;

·      Entrances highlighted; and

·      Planting used to soften and provide privacy.

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

 

Proposed solid face-brick fence to Willis Street will be max 1.2m high. 

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1 Minimum dimension for landscaped area 2 metres.

Yes - landscaped areas are sufficiently sized.

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

 

Yes – Whilst the Preferred Solution (S1) of minimum dimension for landscaped area of 2 metres has been met, a condition will be applied requiring all rear landscaped areas to be made into a communal space for all future residents of the proposed development to

 

 

avoid any potential whole scale Privatisation/appropriation of this space to the ground floor units.  

P3  Private Open Space

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

 

Yes – private open space in the form of courtyard terraces for dwelling units is provided.

P4 Private open space in front of the building only where setback and fence design sympathetic.

 

N.A. - dwelling unit 1 with private open space to street front will be setback and fenced. Condition will be applied for details to be provided indicating sympathetic design.

P5  Townhouses

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

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

N/A

P6  Flats and apartments

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

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

Ground floor apartment will have ground level open space while apartments above will be provided with terraces/balconies.

Privacy

P1  Visual Privacy

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

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

Yes (see Section 11.3.2.2 below)

 

P2 Private open space design and location ensure privacy.

 

Yes

P3  Acoustic Privacy

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

 

Yes

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Australia (BCA).

Required to comply with BCA

View Sharing

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

 

Yes (see Section 11.3.2.2 below)

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

 

As above

P3 Buildings are aligned to maximise view corridors between buildings.

 

N/A

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties.

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

 

 

Yes (see Section 11.3.2.2 below)

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

 

 

N/A

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

 

 

Yes (see Section 11.3.2.2 below)

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

 

 

Yes (see Section 11.3.2.2 below)

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

·      Living areas are orientated to the north.

·      Larger windows are located on the north.

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

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

 

Proposal achieves compliance with BASIX targets (see Section 11.3.2.4 below).

P5 Buildings have roofs with pitch suitable for solar collectors.

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

 

N/A – solar collectors not proposed

Safety and Security

P1 Design allows surveillance.

 

Yes

P2 Approaches and entries are visible.

 

Yes

P3 High walls and structures avoided.

 

Yes

P4 Resident car parking has security grilles or doors.

 

 

Yes in that overall carpark will be secured by roller door entry.

P5 Visitor parking spaces clearly identifiable.

 

 

Yes by condition

P6 Adequate lighting for personal safety and security provided.

 

 

Yes by condition

P7 Adequate lighting is provided in common areas.

 

Yes by condition

P8 External lighting does create a nuisance.

 

Yes by condition

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

See Section 11.2.2 below.

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

 

Yes – all carparking in basement.

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

 

N/A

P3 Secure storage for bicycles is provided.

 

Yes on basement level

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

Yes

P2 Vehicles enter/ leave in a forward direction.

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

Yes

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

S3 Long driveways provide passing bays.

Yes, the proposal will not have a long gun-barrel driveway.

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

 

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

Yes.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

 

Yes

P6 Driveway gradients safe.

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

Yes by condition to comply with Australian Standard

Storage

P1 Accessible and separate storage for each dwelling.

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

Yes – Accessible and separate storage for each dwelling provided.

Barrier-free access

 

 

Access for people with a disability is provided to and within one dwelling at the following rate:

0-14 dwellings     0

15-29 dwellings   1

30-44 dwellings   2

45-60 dwellings   3

and so on.

 

N/A as only 5 dwellings are proposed.

Utilities/Site Facilities: subject to  appropriate conditions of consent

Waste Minimisation and Management

P1 Waste collection and separation facilities for each dwelling.

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

Yes by condition

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

 

Yes – centralised garbage storage area provided at basement level.

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

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

Waste facility provided in basement level therefore not visible from street.   

 

The assessment in the table above indicates that the proposal would comply with all the provisions of the DCP – Multi-unit housing with the exception of the wall height control which has been addressed in the assessment of the SEPP No. 1 Objection in Section 11.1 above. 

 

11.2.2                 DCP – Parking

 

Compliance with DCP – Parking

USE

REQUIREMENT (DCP – Parking)

PROPOSED NUMBER AND/OR FLOOR AREA

REQUIRED PROVISION

PROPOSED PROVISION

 

1 space per one bedroom dwelling

 

Nil

Nil

 

 

8 carspaces

 

1.2 spaces per two bedroom dwelling

 

1 x two bedroom dwellings

1.2 spaces

 

1.5 spaces per three bedroom dwellings

4 x three bedroom dwellings proposed

 

6 spaces

 

Visitor:

1 space per 4 units

Total dwellings = 5

1 spaces

TOTAL

 

 

8 spaces

8 spaces

 

The proposal complies with the numerical requirements of the DCP – Parking.

 

 

 

 

 

11.2.3                 Section 94A Development Contributions Plan

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost more than $200,000

$1,597,673

1%

$15,976.73

 

11.3           Likely impact of the development - S79C(1)(b)

 

11.3.1        Natural Environmental Impacts

 

The subject site contains existing residential buildings and associated external paved/slab areas within an existing built-up area in Kingsford.  As such, there are no threatened species, populations or ecological communities or habitats that would be affected by the proposed development either within, or in the vicinity of, the development site.

 

11.3.2        Built Environmental Impacts

 

11.3.2.1    Urban Design & Heritage

 

The Willis Street elevation has been reduced in bulk and scale to that originally proposed at prelodgement stage and to that proposed in the previously refused DA (DA/1164/2007). The original refused proposal had a roof level to Willis Street of RL 60.475.  The current proposal has a Willis Street roof level of RL 60.00. Accordingly, the currently proposed building will have a significantly lower degree of prominence in the streetscape and, importantly, will not detract from the front garden setting of the adjoining heritage item and the contributory value of its front façade.

 

The current proposal includes a split level apartment in the upper floor unit (Unit 5) facing Kennedy Lane. Unit 5 will have a master bed room on the upper floor. This split level element is considered acceptable as it will be below the maximum wall and building height standard; will occupy a confined area (approx 45% or 55 sqm) of the overall Kennedy Lane building footprint (119 sqm).; and will be setback approximately 11m from the Kennedy Lane boundary.  

 

The proposal will be rendered masonry external walls with select paint and textured finish, combined with select cladding and framed glazed and louvre elements, that will provide a modern contemporary building in the street. The bulk and scale will also present visually as a pair of stepped buildings respectively fronting Willis Street and Kennedy Lane that will help to break the scale of the building to both these streets.

 

Under the provisions of SEPP 65, a Design Review Panel reviewed the proposal on 7 December 2009. The Panel essentially found the proposal satisfactory subject to a number of suggestions as reflected in the Panel’s comments in italics below (with Council’s comments in bold wherever necessary):

 

PANEL COMMENTS

 

This is the 3rd Panel meeting with the applicant over more than a two year period. This recent DA proposal is has been prepared under the direction of Order Architects.  The proposal is notably improved.

 

1.    Relationship to the Context of the Proposal 

 

In the previous proposals the Panel has considered the relationship to context unsatisfactory, particularly in regard to 53 Willis Street which is a noted in the Randwick Local Environment Plan Schedule 3 – Heritage Items as and ‘early 1950s mansion’.  The proposal now has the potential to provide a reasonable backdrop to No. 53 as the elevations have been rationalized and made more visually acceptable and windows are angled away to reduce overlooking.  Both street frontages are also considered appropriate to the context of the area.

 

2.    The Scale of the Proposal

 

Previous issues that the Panel raised about inappropriate amounts of excavation have been satisfactorily resolved with the car park occupying only the eastern part of the site.

 

Further information and design consideration is nonetheless still required for the ground lines, retaining walls and fences along the north and south boundaries. The main concern is that there should not be large areas of retaining wall structures and any areas that are necessary should be carefully considered and well designed so as not to be an eyesore.  A quality landscape proposal should demonstrate the best solutions for the new ground lines and the relationship with neighbouring properties. 

 

The planter areas created between the upper building and the north and south boundaries increase the height of the retaining walls and there may be a better solution by lowering the western section of the planters.

 

Council’s comments: Conditions will be applied requiring appropriate reduction, lowering and treatment of retaining wall structures along the north and south boundaries. Landscape plans will be also be required by condition to minimise the visual impact of retaining walls.

 

3.    The Built Form of the Proposal

 

The built form has been substantially improved with the reduced footprint, reasonable setbacks (given the narrowness of the site) and the more refined elevations.

 

There are a number of drafting issues as follows that need to be tidied to ensure that the end product can match the intent of the design:

-     1:50 sections through a series of walls, including the roof, sunshading, fire protection, rainwater management etc, to properly describe the construction, materials and details.  Currently roof thicknesses are shown unrealistically.

-     coordinate all windows on plans and elevations

-     coordinate the roof overhangs on all elevations and plans

-     indicate all roofs and pergolas (including entry shelter) on the roof plan

-     show all visible retaining walls and nominate materials and finishes

-     provide north point and scale

-     indicate size of windows where they are covered by screens

-     indicate window types and operation

-     show realistic column sizes, slab thicknesses and edge details

 

Council’s comments: Conditions will be applied requiring the above sections and details to be provided.

 

 

 

 

4.    The Proposed Density

 

Satisfactory.

 

5.    Resource and Energy Use and Water Efficiency

 

The proposal has the potential to achieve very good passive solar design.

Window position, type and operation should be developed to optimise cross ventilation opportunities to all living spaces and bedrooms.

 

Weather protection and sunshading to windows and balconies, relevant to orientation should be provided – including top floor balconies.  The Panel expects that all north, east and west windows would have some method of sun protection and all openings would have weather protection.

 

Unit 5 could have natural light to the stair which would increase the levels of light to its lower floor.  Walk in robe areas should also have natural daylight where possible.

 

 6.     The Proposed Landscape

 

During the meeting with the Panel the applicant proposed to develop and improve the landscape design.

 

Deep soil areas have been increased satisfactorily with the reduced basement area.

The position of rainwater tanks should be indicated on the plan.

 

Grey water recycling should be considered for garden watering.  The driveway area should be reduced.

 

The landscape information for roof terrace planters should be provided.

 

Council’s comments: Conditions will be applied requiring the landscape details of roof terrace plantings to be provided.

 

7.   The Amenity of the Proposal for its Users

 

The proposal has the ability to provide apartments with very good amenity. 

The roof area, enclosure and screens to the top level apartment and lift should be designed and described for assessment.

 

8.   The Safety and Security Characteristics of the Proposal

 

Satisfactory.

 

The Panel recommends an independent BCA assessment be sought.

 

Council’s comments: Conditions relating to relevant BCA requirements will be applied should approval be granted.

 

9.   Social issues

 

Satisfactory

 

10.  The Aesthetics of the Proposal

 

The aesthetics have improved considerably.

There are some minor issues previously raised in this report that need to be addressed.

 

SUMMARY AND RECOMMENDATIONS

The current proposal is considered a commendable improvement.  If the Applicant can address the remaining issues raised in this report to the satisfaction of the Council assessing officer the Panel does not require to review it again, the Panel does however recommend that the Applicant retains the nominated Architect for the duration of the project. If possible, this should be a condition of any consent.

 

11.3.2.2.   Sunlight, Privacy and Views

 

11.3.2.2.1 Sunlight

 

Shadow diagrams submitted with the application indicate that at 9am in the winter solstice, the northern wall of the adjoining heritage item at No. 53 Willis Street is already overshadowed significantly by the existing building/structures on the subject site and the existing residential flat building at No. 47-49 Willis Street. The additional overshadowing from the proposed building will largely overlap this existing overshadowing with some extension in overshadowing occurring in the rear yard of the heritage item. Similarly at 12 mid-day, the proposed overshadowing will overlap existing shadows casted by the existing structures on the subject site and on No. 47-49 Willis Street on part of the northern wall of the adjoining heritage item. The only area of significant additional overshadowing will occur on a minor portion of the rear yard of the heritage item with more than half of this rear yard still free from overshadowing from the proposed development. Additionally, the front elevated terrace linked to a living area of the heritage item will be free from overshadowing from the proposed development from 12 midday onwards. By 3:00pm, the only area of additional overshadowing will remain the minor portion of the rear yard of the heritage item with, again, the majority of this rear yard remaining free overshadowing from the proposed development. Accordingly, the overshadowing impact is considered reasonable especially considering that the elevated terrace linked to living area and the major portion of the rear yard of the heritage item will receive a minimum 3 hour  solar access in mid-winter. Furthermore, the proposed development readily complies with all the maximum building and wall height standard of the Randwick LEP.

 

11.3.2.2.2 Privacy

 

In terms of privacy, objections have been raised in relation to loss of privacy to the adjoining residential flat building at No. 47-49 Willis Street especially from the living area openings  in all units of the proposed development. Specific privacy concerns have been addressed in Section 5 above. In essence, the current proposal incorporates high sill windows to living areas on the north elevation that will eliminate any potential overlooking of the adjoining residential flat building. Additionally, the proposed 8m separation distance between the two buildings and the existing vegetation along the southern side boundary of the adjoining residential flat will serve to further mitigate any loss of privacy to the flat building. In relation to the southern heritage item, the use of off-set, angled windows with protective blade walls on all levels will minimise any potential loss of privacy to the heritage item. Conditions will be applied requiring additional screening measures for openings that may still give rise to overlooking of adjoining properties.

 

Overall, the proposal will be acceptable in term of privacy for the reasons discussed above.

 

11.3.2.2.3 Loss of views

 

An objection has been received from a number of unit owners in No. 47-49 Willis Street in relation to view loss. The aforementioned property is a 3-storey split level residential flat building located immediately to the north of the subject site. Windows attached to the bedroom areas of the units are provided on the southern elevation of the building.

 

It is noted that the south-facing windows and terrace areas of the upper three levels of the building, which front Kennedy Lane, currently enjoy district views and distant water views of Botany Bay.

 

An assessment of the concern indicates that there will be loss of distant views of Botany Bay including some limited vista to the airport. Having regard to the planning principles for assessing view loss established in the case of Tenacity Consulting vs Warringah Council, the loss of this view is acceptable for the following reasons:

 

Step 1 :   At present, the south-facing windows and terrace areas of the upper three levels of the building at No. 47-49 Willis Street currently enjoy district views and distant water views of Botany Bay. It is noted that the existing vegetation along the southern boundary of No. 47-49 Willis Street already present varying degrees of obstruction of these views.

 

Step 2:    The views in question are generally obtained with a person standing. The views are obtained across the side boundary of the subject site and, therefore, are of lesser value than views obtained across an open front boundary.

 

Step 3:    Whilst the high value placed upon the distant views of Botany Bay by residents within No. 47-49 Willis Street is recognised, the loss of these views as a result of the proposed development is considered to be moderate given the “non-iconic” quality and oblique nature (across side boundaries) of these views as discussed above.  Notwithstanding this, the upper level terrace of 47-49 Willis Street will retain a degree of district views.

 

Step 4 :   Any retention of the objectors’ views is considered unreasonable for the following reasons:

 

·      The proposed building complies with the Randwick LEP maximum building and maximum wall height standards.

 

·      The views in question are currently obtained due to the under-developed nature of the subject site. The site is located within Zone No. 2C (Residential C Zone), which permits medium density residential flat developments. At present, the site is only occupied by a two-storey detached residence.

 

·      The district and distant water views are currently obtained across the side boundary of the subject land, which are highly difficult to completely retain due to the densely developed urban context. The views cannot be retained without significantly and unreasonably reducing the development potential of the site.

 

In summary, the intrusion of the views is not considered so significant as to warrant the refusal of the subject application in its own right. It is considered that the potential view loss, per se, is reasonable in this instance.

 

11.3.2.3    Traffic and access

The proposal for 5 dwelling units is expected to result in a low traffic generation which will have minimal impact on the performance of existing intersections in the locality. There will be adequate capacity in the surrounding road network to cater for the traffic generated by the proposed development. It should be noted that the net increase in the number of dwellings will be 3 units given that there is already a duplex on-site so that in real terms the impact of traffic will be further minimised especially along Kennedy Lane.

 

Overall, the increase in traffic generation in the proposed development is not considered to have a significant traffic impact on the adjacent classified road network and intersections nor on the amenity of adjoining and surrounding

 

11.3.2.4    Ecologically Sustainable Development

The applicant has provided a BASIX assessment for the proposed development in accordance with BASIX modelling requirements which indicates compliance with the targets for multi-unit housing for water saving, energy consumption and thermal comfort.

 

Specifically, the proposal achieves full cross-ventilation for all dwelling units; and will include appropriate energy efficiency and water conservation measures.

 

The proposed development will be well served by public buses along nearby Anzac Parade and Botany Street, linking the subject site to the CBD and Randwick Junction in keeping with the promotion of public transport usage as a primary means of enhancing ecological sustainability and the reduction of greenhouse gases in the Sydney Region.  The proposal would assist in encouraging the use of public transport in line with urban consolidation and ESD principles.

 

Overall, the proposal is considered acceptable in relation to Ecologically Sustainable Development issues.

 

11.4  Social and Economic Impacts – S79C(1)(b)

The Proposal will increase the availability of housing and promote the key directions and actions for the Randwick City Plan and the objectives of the Residential 2c zone contained in the Randwick LEP 1998. The effect of the proposal would be to bring more people to the locality potentially linking them to existing economic, institutional and service facilities in the area. Overall the proposal presents a positive impact within the site and locality.

 

11.5  Suitability of the site – S79C(1)(c)

The subject site is zoned Residential 2C. The subject site is therefore suitable for the proposed conforming medium density residential development whilst retaining the existing and desired future character of the locality. The site is well located in relation to the University of NSW, Randwick Racecourse and Centennial Park as well as the Randwick and Kingsford town centres. Public bus services are also available in the immediate locality.

 

11.6  Any submissions made – S79C(1)(d)

The DA was notified and advertised from 7 October to 21 October 2009. The issues raised in submissions to this notification/advertising process have been addressed in relevant sections of this report including specifically in Section 5 above.

 

10.7  The public interest – S79C(1)(e)

The proposed development will be in the public interest as it will provide additional housing stock in an area that is highly accessible by public buses and private vehicles. In addition, the proposal will consolidate the residential character of the locality by enabling residential development of a medium density housing form without compromising the amenity of surrounding residential area in accordance with the Randwick City Plan and the Randwick LEP 1998.

 

Relationship to City Plan

 

The relationship to the City Plan is as follows:

 

Outcome 12:              Excellence in urban design and development – The proposal has a good architectural quality in that it maximises the potential of the subject site in the context of the existing surrounding development whilst minimising impacts on adjoining and nearby residential properties.

Direction 4a &

associated key action:     Improved design and sustainability across all development –The proposal will achieve a good design in conjunction with a significant sustainable outcome for the proposed development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal is permissible with the consent of Council on the subject site. The proposal does not comply with the maximum FSR standard contained in the RLEP. A SEPP No.1 objection in relation to this breach has been submitted with the application and considered to be well founded in the circumstances. In particular, the proposal will be consistent with the planning objectives for the locality; the proposal is not considered to be visually intrusive or bulky; the development overall is considered to be consistent with the character of existing development in the streetscape and locality; and the additional density will not give rise to any detrimental impacts to surrounding uses in terms of ventilation, sunlight, privacy, views, traffic and parking impacts.

 

The proposal generally complies with the relevant preferred solutions and performance requirements in the DCP - Multi-unit Housing and the numerical carparking requirement of the DCP – Parking. 

 

The proposal will not have a significant impact on the amenity of surrounding properties in terms of visual bulk and scale, solar access, privacy and views.

 

The recommendation is for approval of the application subject to conditions.

 

Recommendation

 

A.         That Council support the objection under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clause 32 of the Randwick Local Environmental Plan 1998 (as amended), relating to maximum floor space ratio, on the grounds that the proposed development is consistent with the relevant objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

and

 

B.         That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA676/2009 for the demolition of existing structures on site and construction of part 3 part 4 storey residential flat building containing 5 units with basement carparking accessed from Kennedy Lane at 51 Willis Street, Kingsford, subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans numbered B01, received by Council on 23 November 2009; A02, A03, A04, A05, and A06  stamped received by Council on 22 September 2009, and the application form, and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       The colours, materials and finishes of the external surfaces to the 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.       Details of bicycle storage as required in the Development Control Plan – Parking shall be submitted to and approved by Council’s Director City Planning Council 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.

 

4.       Solid masonry fencing to Willis Street and Kennedy Lane shall be no higher than 1.2m high. Details of fencing along Willis Street and Kennedy Lane in accordance with Council’s DCP – Multi-unit Housing 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.

 

5.       The north-facing window to the dining area of Unit 3 on Level 3 shall be a high sill window no lower than 1.6m and/or in accordance with the height of the proposed north-facing high sill window of the living room of Unit 3. 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.

 

6.       Large areas of retaining wall structures shall be minimised along the northern and southern boundaries. Details of design for the ground lines, retaining walls and fences along the north and south boundaries shall be provided indicating reduction/minimisation of bulky and overbearing retaining walls along the northern and southern boundaries including (but not limited to) measures to lower the planters along these boundaries. 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.

 

7.       Details of the following features shall be provided:

-    1:50 sections through a series of walls, including the roof, sunshading, fire protection, rainwater management etc, to properly describe the construction, materials and details. 

-    coordinate all windows on plans and elevations

-    coordinate the roof overhangs on all elevations and plans

-    indicate all roofs and pergolas (including entry shelter) on the roof plan

-    show all visible retaining walls and nominate materials and finishes

-    provide north point and scale

-    indicate size of windows where they are covered by screens

-    indicate window types and operation

-    show realistic column sizes, slab thicknesses and edge details

-                weather protection and sun-shading devices to north, east and west windows

 

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

 

8.       Details of all  landscaping on roof terraces shall be provided including, but not limited to,  planter depth and sizes, plant species and maintenance regime. 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.

 

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

 

10.     The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. 

 

11.     Lighting to the premises shall be designed in accordance with AS4282 – 1997 Control of the Obtrusive Effects of  Outdoor Lighting" so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

12.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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 $200000

$1,597,673

1.0%

$15,976.73

 

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

 

18.     The 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).

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

37.     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.

 

38.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures all of the premises adjoining the subject site.

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

·       effectively support  the excavation and building; and

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

 

Notes

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

45.     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.

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details and methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·           construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

47.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

50.     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.

 

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

 

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

 

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

§   Details of hazardous materials, including asbestos

§   Method/s of demolition and removal of asbestos

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

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

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

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

§   Date the demolition and removal of asbestos will commence

 

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

 

52.     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.

 

Road/Asset Openings (Unless otherwise specified by City Services or Development Engineer)

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Security Deposit Conditions

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

 

54.     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:

 

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

 

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

 

b)   Construct a kerb and gutter for the full site frontage except opposite the vehicular entrance to the site in Kennedy lane.

 

c)   Carry out a full depth minimum 2.5 metre wide, road construction in front of the kerb and gutter along the full site frontage in Kennedy Lane.

 

d)   Construct new concrete steps servicing the pedestrian gate entrance in Willis Street to Council’s requirements including acceptable hand railing.

 

e)   Reconstruct a minimum 1.3m wide concrete footpath along the full site frontage in Willis Street. 

 

56.     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.

 

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

 

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

 

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

 

58.     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.

 

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

 

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

 

60.     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.

 

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 have determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall be:

 

§ Kennedy Lane Frontage – 50mm above the centreline of the road in Kennedy Lane at all points opposite the centreline of the road.

§ Willis Street Frontage – Pedestrian Gate Entrance RL 48.80 AHD – Approximately.

 

62.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the roadway 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 $536 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.     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:

 

70.     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.

 

71.     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.

 

72.     All site stormwater must be discharged (by gravity) to the kerb and gutter at the front of the property in Willis Street

 

73.     On-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 5 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by Council.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

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

 

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

 

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

 

74.     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

 

75.     Any above ground stormwater detention areas must be suitably signposted where required, warning people of the maximum flood level.

 

76.     The detention area must be regularly cleaned and maintained to ensure it functions as required by the design.

 

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

 

78.     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).

 

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

 

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

 

81.     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.

 

82.     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 is maintained and that no works which could affect the design function of the detention/infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

84.     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 0.5 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).

 

85.     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.

 

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

 

Notes:-

 

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

 

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

 

c)  Ground Water must not be collected and drained from the site.

 

Waste Management Conditions

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

 

87.     The garbage room areas will have to be designed so as to be able to contain a total of 7 x 240 litre bins (3 garbage bins, 3 recycle bins and 1 green waste bin) 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.

 

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

 

89.     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:

 

90.     Landscaping at the site shall be installed substantially in accordance with the Landscape Plan by Greenplan, drawing no 07.726-01, revision B, dated 19.11.07, subject to the following additional requirements being shown on an amended plan, which shall be submitted to, and be approved by the PCA, prior to the issue of a construction certificate (with a copy of the approved plan to be forwarded to Council prior to the commencement of works if not the PCA), and is to include:

 

a.       In order ensure reasonable levels of screening and privacy between the subject site and adjoining property to the north (similar to what has been proposed along the southern boundary), larger screening trees which will achieve a minimum height at maturity of 6 metres shall be incorporated into the perimeter planting along the length of the northern boundary, comprising a minimum of two each on both the lower and upper landscaped levels.

 

b.       Smaller growing, decorative/feature species shall be introduced along the length of the front (western) boundary, in front of the proposed screening hedge, to assist with presentation of the development to the street.

 

c.       The landscape contractor must ensure that both Angophora costata (Sydney Red Gums) are planted a minimum distance of 3.5 metres from the edge of any part of the proposed building.

 

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

 

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

 

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

 

g.       All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm, with construction details to be submitted.

 

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

 

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.

 

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

 

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

 

Streetscape Improvement Conditions

 

92.     The existing grass embankment on Council’s Willis Street nature strip which slopes steeply down to the west, between the front property boundary and existing footpath, is unsightly, unusable and difficult to maintain. As part of constructing new access stairs in this area (refer Council’s Access, Transport & Infrastructure conditions earlier in this report), the applicant will also be responsible for terracing/re-grading, planting and mulching this public area, and must consult Council’s Landscape Development Officer (9399-0613) in regards to Council’s requirements for this component.

 

93.     Prior to the issue of a construction certificate, a sketch plan for the subject area, (i.e. the Willis Street naturestrip/verge fronting the development site), which includes the following items shall be submitted to, and be approved by, Council’s Director of City Planning:

 

a)     Existing and proposed levels;

b)     Location and spot levels of new access stairs;

c)     A planting plan and plant schedule which includes proposed species, pot size at the time of planting, quantity and location, all at a scale of 1:100 or 1:200, with species selection restricted to native species that require minimal watering once established, or species with water needs that match rainfall and drainage conditions;

d)     Location and finished spot heights of any retaining walls, including material, footing and construction details.

 

94.     Landscaping of this public area shall be completed in accordance with the approved plan, Council’s instructions, and Council’s requirements for Civil Works on Council property, wholly at the applicant’s cost, prior to the issue of a final occupation certificate.

 

95.     A refundable deposit in the form of cash, cheque or bank guarantee (with no expiry date) for an amount of $3000.00 (no GST) shall be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development, in order to ensure completion of the public domain works described above.

 

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 these conditions 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.

 

Onsite Tree Management

 

96.     Approval is granted for the removal of all vegetation within the site in order to accommodate the proposed works as shown, subject to full implementation of the approved landscaping.

 

Tree Pruning

 

97.     Permission is also granted for the minimal and selective pruning of only those lower growing branches from the southern aspects of those trees which are located in the adjoining property to the north, 47-49 Willis Street, comprising from west to east, two Eucalyptus scoparia (White Gums), near the southwest corner of this neighbouring building, then further to the east, about halfway along the length of this common boundary, a stand of Allocasurina species (She-Oaks), as well as another stand of similarly sized She Oaks existing further to the east, towards Kennedy Lane.

 

98.     This approval is granted in order to avoid damage being caused to these neighbouring trees by site machinery or similar during the course of construction, and may be performed prior to commencement (demolition) if necessary.

 

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

 

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

 

Tree Protection Measures

 

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

 

102.    Prior to the lodgement of a Construction Certificate for the development site the applicant must engage a suitably qualified consultant to provide a detailed “Tree Management Strategy” and “Arboricultural Assessment” covering all trees within adjoining properties and within the vicinity of the development site. The strategy and assessment must identify any trees located within adjacent properties which may be affected by the proposed works. Given that all trees within adjoining properties must be retained and protected in conjunction with the proposed development, variations to the internal driveway and basement carpark may be required. The “Tree Management Strategy” and “Arboricultural Assessment” must be submitted to Council for approval and be approved prior to lodgement of a Construction Certificate for the proposed development. Prior to engaging the consultant the applicant must liaise with council’s Landscape Development Officer regarding the scope and nature of the “Tree Management Strategy” and “Arboricultural Assessment”.

 

103.    In order to ensure the retention of those trees on the adjoining property to the south, (53 Willis Street), and the adjoining property to the north, (47-49 Willis Street), being from west to east, two Eucalyptus scoparia (White Gums), near the southwest corner of this neighbouring building, then further to the east, about halfway along the length of this common boundary, a stand of Allocasurina species (She-Oaks), and another stand of similar sized Allocasurina species (She Oaks) further to the east, towards Kennedy Lane in good health, the following measures are to be undertaken:

 

a.       All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application must show the retention of these neighbouring trees, with the position of their trunks and full diameter of their canopies to be clearly shown on all drawings.

 

b.       All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application must be fully compliant with the recommendations of the approved “Tree Management Strategy” and “Arboricultural Assessment”

 

c.       The construction certificate plans must show that within a radius of 5 metres from the outside edge of the trunks of these neighbouring trees (measured off the submitted plans), contiguous piers or sheet piling will be used for the northern wall of the proposed basement so as to minimise the amount of root damage caused by collapsing of the existing soil profile.

 

d.       Any roots encountered during any works along the length of the northern boundary must be cut cleanly by hand, and the affected area to be either backfilled with clean site soil, supported or shored-up as soon as practically possible.

 

e.       There is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble beneath the extent of the driplines of any of these trees.

 

Advisory Conditions

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

 

ADVISORY MATTERS:

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

 

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

 

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

 

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

 

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

 

a)     Part B1   -    Structural provisions

b)     Part C1   -    Fire resistance and stability

c)     Part D1   -    Provisions for escape

d)     Part D2   -    Construction of exits

e)     Part E1   -    Fire fighting equipment

f)      Part E2   -    Smoke Hazard Management

g)     Part E3   -    Lift Installations

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

i)      Part F1   -    Damp and weatherproofing

j)      Part F2   -    Sanitary and other facilities

k)     Part F4   -    Light and ventilation

 

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

 

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

 

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

  


Planning Committee

9 March 2010

 

 

 

Miscellaneous Report No. M5/10

 

 

Subject:                  Reporting variations to Development Standard under State Environment Planning Policy No. 1 (SEPP1) from 1 November 2009 to 28 February 2010

Folder No:                   F2008/00122

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

The NSW Department of Planning (DOP) released a Planning Circular in November 2008 advising Councils to adopt additional procedures in relation to the administration of SEPP No.1. The additional measures are largely in response to the ICAC inquiry into Wollongong City Council. Those additional measures are:

 

1)     Establishment of a register of development applications determined with variations in standards under SEPP 1;

2)     Requirement for all development applications where there has been a variation greater than 10% in standards under SEPP 1 to be determined by full council (rather than the general manager or nominated staff member);

3)     Providing a report to Council on the development applications determined where there had been a variation in standards under SEPP 1;

4)     Making the register of development applications determined with variations in standards under SEPP 1 available to the public on council’s website.   

 

This report is in response to point 3) above. A table is attached to this report detailing all SEPP 1s approved in the period from 1 November 2009 to 28 February 2010 seventeen (17) SEPP 1s were approved during this period with one of those under delegation by Council officer and sixteen (16) at either Planning Committee or Ordinary Council meetings.  

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The NSW Department of Planning (DOP) released a Planning Circular in 2008 advising of additional requirements Councils are required to adopt in relation to SEPP 1 objections. This report is in response to one of those requirements whereby a report is provided to Council on the development applications determined where there had been a variation in standards under SEPP 1. 

 

 

 

Recommendation

 

That the report be received and noted.

 

Attachment/s:

 

1.

A3 copy of SEPP1 Register

Included under separate cover

 

 

 


Planning Committee

9 March 2010

 

 

 

Miscellaneous Report No. M6/10

 

 

Subject:                  Maroubra Beach Commerical Centre Planning Review

Folder No:                   F2006/00355

Author:                   Ross Anthony, Environmental Planning Officer     

 

Introduction

 

Approval is sought to engage Allen Jack+Cottier, architecture and planning specialists, to assist the Maroubra Beach Commercial Centre Review by preparing an urban design report and draft development controls for the site bounded by McKeon St, Fenton Ave, Fitzgerald Ave and  Marine Parade, Maroubra. Allen Jack+Cottier have previously been been involved in the Review, preparing a number of design  options for the centre as part of the public consultation undertaken in 2009 with the Maroubra Beach Renewal Working Group.

 

Issues

 

Council resolved to review the LEP and DCP for part of the Maroubra Beach commercial centre in October 2006, focusing on the main block facing the beach which includes the Seals Club.

 

SJB Planning and Architects were engaged in March 2007 to review the existing LEP and DCP controls pertaining to the area and prepared three urban design options and development recommendations for the block.

 

The draft review and the options were reported to Council on 4 December 2007 who endorsed only one option to go on public exhibition. On 22 April 2008, on the basis of the community submissions received, Council resolved to not proceed with the review and to instead establish a local working group to discuss ways to regenerate the centre. The group was to be chaired by an independent facilitator with representation from the Seals Club; Ambulance Service, other major property owners, the precinct committee, Fenton Avenue residents/owners, small business owners, the chamber of commerce and other community groups.

 

The Maroubra Beach Renewal Working Group was formed in early 2009. Elton Consulting were appointed as the independent facilitator, who, in conjunction with Council, prepared the group’s Terms of Reference, invited local representatives and established the working group. The working group held three meetings and met in March, April and June 2009. To ensure independence, Council staff only observed but did not participate in the discussion other than to clarify any relevant matters raised by the working group.

 

The first meetings provided an opportunity for participants to identify the issues surrounding the centre and to establish a vision and values. The second meeting investigated ownership and urban design issues as well as the need for a community facility.

 

At the second meeting, the working group requested Council engage an architect to develop design options for the Group to consider. Allen Jack+Cottier Architects where engaged and at the third meeting they presented their analysis of the area and a range of potential design options addressing the vision and values identified in the earlier meetings. The presentation was only to generate discussion and was not the views of any member of the working group.

 

The working group generally agreed that the general principles and design options presented where positive and preferable to the option exhibited in 2007. The group agreed that there was enough merit in the design options for Council to further develop the concept.

 

The design options were presented to the wider community at the Maroubra precinct meeting on 26 October 2009 attended by approximately 70 residents. The attendees generally agreed with outcome of the working group, though noted issues about the affordability of the new housing, anti social behaviour, potential overshadowing and traffic movements. Elton Consulting prepared a summary report on the outcome of each of the working group meetings, recording the Group’s position.

 

The consultation report, incorporating the design options, was reported to Council on 24 November 2009 where Council resolved that the concept plan be further developed for the Maroubra Beach Commercial Centre outcome of that was endorsed the Maroubra Beach Renewal Working Group and to continue to consult with the Group and wider community through out that process.

 

Suggested Consultants

 

Allen Jack+Cottier (AJ+C) Architects are suggested for the following reasons:

§ AJ+C have previously undertaken work on this project, having been engaged at the request of the working group to identify a range of potential design options addressing the vision and values identified by the working group.

§ AJ+C have a good understanding of the site and community having already undertaken the initial issues and design analysis as part of the above work.

§ AJ+C have an established working relationship with the working group and precinct committee and provide independent advice to the group as part of previous consultations.

§ The quote received from AJ+C is consistent with those for similar projects and the hourly rates are generally consistent with those listed in Council’s Consultant’s Register for architectural services.

 

Elton’s Consulting would also need to be engaged to continue as the independent facilitator for the working group.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

Direction 4a:      Develop contemporary design guidelines and programmes.

Outcome 6:       A liveable City.

Direction 6f:              Distinct neighbourhoods that meet the needs of our community as places to work, shop, live and socialise.

 

Financial impact statement

 

The costs of preparing a draft Study and an LEP/DCP have been included in the 2009-10 City Planning budget as part of the Comprehensive LEP using in-house resources. The cost of additional consultants is currently unfunded but would be in the order of $60,000 for the design work and $30,000 for further community consultation.  It is recommended that these costs be funded from reserves and the 2010-11 budget be adjusted accordingly.

 

Conclusion

 

AJ+C have provided a suitable quote and work programme for this project. The quote is $59,500 plus GST and it is proposed that the project will take 19 weeks to complete and includes consultation meetings with the working group at key stages of the urban design development process, in addition to those with Council. The outcomes will include an urban design report and draft development controls for incorporation into the comprehensive DCP currently being prepared.

 

The costs of preparing the LEP/DCP as part of the Comprehensive LEP will be done in-house from the City Planning budget. The cost of additional consultants is currently unfunded but it is recommended that these costs be funded from reserves and the 2010-11 budget be adjusted accordingly.

 

Given the suitable quote, time frames, experience and previous involvement with this project, Allen Jack+Cottier are the preferred consultants to undertake this next stage of work for the Maroubra Beach Commercial Review, as per Council’s last resolution.

 

Recommendation

 

That Council engage Allen Jack+Cottier to further develop the concept plan for the Maroubra Beach Commercial Centre that was endorsed by the Maroubra Beach Renewal Working Group.

 

Attachment/s:

 

Nil

 

  


Planning Committee

9 March 2010

 

 

 

Notice of Rescission Motion No. NR2/10

 

 

Subject:                  Notice of Rescission Motion submitted by Crs Hughes, Matson and Seng -
9 Lurline Street, Maroubra

Folder No:                   DA/956/2007/A

Submitted by:          Councillor Matson, East Ward; Councillor Hughes, West Ward; Councillor Seng, Central Ward     

 

That the resolution passed at the Ordinary Council meeting held on 23 February 2010 reading as follows:

 

That Council, as the consent authority, grants development consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify condition/s of Development Application No. DA/956/2007 for permission to modify the original consent through changes to window openings, external wall material, new bathroom window on the southern elevation, and internal reconfiguration at 9 Lurline Street, Maroubra, subject to the following conditions:

 

Amend Condition 1 to read:

 

1.     The development must be implemented substantially in accordance with the plans drawn by Mac-Interactive, numbered DA:808:03A, DA:808:04A, DA:808:05A, DA:808:06A, DA:808:07A DA:808:08A and received by Council on 4 August 2008, the landscape plan drawn by Material Pty Ltd, numbered 07-0038-02A, received by Council on 7 November 2007, the application form and on any supporting information received with the application, as amended by the Section 96 plans dated numbered DA:808.03 B, DA:808:04B, DA:808:05B, DA:808:06B, DA:808:07B and DA:808:08B, dated 22/12/2009 and received by Council on 20 December 2009, only in so far as they relate to the modifications to windows, external materials, and internal modifications, including the increased height of the building highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended  by the following conditions and as may be shown in red on the attached

 

Add the following conditions:

 

72.   An amended BASIX certificate 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.

 

73.   The height of the subject dwelling shall be in accordance with the following:-

 

·    A maximum overall height which does not exceed RL 42.00

·    A maximum southern parapet wall height which does not exceed

RL 41.35

 

when measured from the natural ground level at any point. Details of compliance are to be provided in the construction certificate plans.

 

BE AND IS HEREBY RESCINDED.

 

If the Rescission Motion is carried, it is intended to move the following motion:

 

That Council, as the consent authority, grants development consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify condition/s of Development Application No. DA/956/2007 for permission to modify the original consent through changes to window openings, external wall material, new bathroom window on the southern elevation, and internal reconfiguration at 9 Lurline Street, Maroubra, subject to the following conditions:

 

Amend Condition 1 to read:

 

1.     The development must be implemented substantially in accordance with the plans drawn by Mac-Interactive, numbered DA:808:03A, DA:808:04A, DA:808:05A, DA:808:06A, DA:808:07A DA:808:08A and received by Council on 4 August 2008, the landscape plan drawn by Material Pty Ltd, numbered 07-0038-02A, received by Council on 7 November 2007, the application form and on any supporting information received with the application, as amended by the Section 96 plans dated numbered DA:808.03 B, DA:808:04B, DA:808:05B, DA:808:06B, DA:808:07B and DA:808:08B, dated 22/12/2009 and received by Council on 20 December 2009, only in so far as they relate to the modifications to windows, external materials, and internal modifications, excluding the increased height of the building highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended  by the following conditions and as may be shown in red on the attached

 

Add the following conditions:

 

72.   An amended BASIX certificate 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.