Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 27 April 2010

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council

27 April 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ordinary Council Meeting

 

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 27 April 2010 at 6:00pm.

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 23 March 2010

Extraordinary Council Meeting - 13 April 2010

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minutes

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

 

Urgent Business

 

 

 

 

Director City Planning Reports

CP21/10    38 Caley Street, Chifley (deferred)

CP22/10    387-389 Anzac Parade, Kingsford - DA/837/2009

CP23/10    387-389 Anzac Parade, Kingsford - DA/57/2010

CP24/10    265 Arden Street, Coogee

CP25/10    75 Jersey Road, Matraville

CP26/10    Reporting variation to Development Standard under State Environment Planning Policy No. 1 (SEPP1) from 1 March to 15 April 2010

CP27/10    Special Uses Discussion Paper

CP28/10    Randwick Landscape Elements/ Retaining Walls and Stairs

CP29/10    Reconcilliation Week 2010

CP30/10    Proposed Coogee Town Centre Urban Design and Streetscape Study

 

General Manager's Reports

GM9/10     Affixing of the Council Seal

GM10/10    Draft Randwick City Council Management Plan 2009-13 and 2010-11 Annual Operational Plan

 

Director City Services Reports

Nil

 

Director Governance & Financial Services Reports

GF14/10    Investment Report - March 2010

GF15/10    Adoption of Confidential Documents Policy  

 

Petitions

Motion Pursuant to Notice

NM14 /10   Motion Pursuant to Notice from Cr Notley-Smith - Opposing Redevelopment of the Coogee Bay Hotel

NM15/10    Motion Pursuant to Notice from Cr Matson - Late Submission to Buildings for Our Community Program and draft budget submissions

NM16/10    Motion Pursuant to Notice from Cr Matson - Advancement of Baker Park Toilet Block Project in Seven Year Building Program (Buildings for Our Community Program)

NM17/10    Motion Pursuant to Notice from Cr Matson - Community Services Awards

NM18/10    Motion Pursuant to Notice from Cr Matthews - Proposed Increase in the Aged Pensioner Council Rebate  

 

 

 

 

 

 

 

 

 

Closed Session

GM11/10    Draft Randwick City Council Management Plan 2010-14: Confidential Fees and Charges

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

 

GF16/10    SSROC Tender for the Supply and Delivery of Stationery, Toner, Canteen and Childcare Products

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

GF17/10    Insurance Claim - Ms Heyin Tree & Mr Steve Shilin Tree v Randwick City Council

This matter is considered to be confidential under Section 10A(2) (g) Of the Local Government Act, as it deals with advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

GF18/10    Tender for the Provision of Catering Services - T03/10

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

GF19/10    Tender for the Supply of Outdoor Clothing - T04/10

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

  

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council

27 April 2010

 

 

 

Director City Planning Report No. CP21/10

 

 

Subject:                  38 Caley Street, Chifley

Folder No:                   DA/23/2010

Author:                   Louis Coorey, Environmental Planning Officer     

 

Proposal:                     Strata subdivision into two allotments (SEPP 1 Objection to minimum allotment size)

 

Ward:                      South Ward

 

Applicant:                Harrison Friedmann & Associates P/L

 

Owner:                         Treetop Horizons P/L

 

Summary

Recommendation:     Refusal

 

Executive Summary

 

A report in relation to this development application was submitted to the Planning Committee on 13 April 2010, wherein it was resolved:

 

RESOLUTION: (Hughes/Matthews) that the application be deferred (to the April Ordinary Council Meeting) to enable Councillors to be briefed in relation to the legal aspects of the matter.

 

This matter was discussed at a Councillor Briefing Session held on Tuesday 20 April 2010.

 

Conclusion

 

The recommendation contained in the report submitted to the Planning Committee on 13 April 2010 is repeated below.

 

 

Recommendation

 

That Council, as the consent authority, refuses development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/23/2010 for strata subdivision of an attached dual occupancy at 38 Caley Street, Chifley, for the following reasons:

 

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

 

2.     The proposed development does not comply with Clause 20B(1) under Randwick Local Environmental Plan 1998 (Consolidation) in that the proposed subdivision is well below the minimum standard and will be inconsistent with the existing and desired future character of the locality.

 

3.     The proposed development will result in a proliferation of strata titled attached dual occupancy developments on substandard lots in the 2A Zone due to the commercial attractiveness of having separate titles for the dual occupancies.

 

4.     The proposed development does not comply with the minimum allotment sizes stipulated under Council’s LEP 1998 (Consolidation) and will increase densities in areas that are not accessible to public transport and services.

 

Attachment/s:

 

1.View

Report in relation to 38 Caley Street, Chifley - submitted to the Planning Committee on 13 April 2010

 

 

 

 


Report in relation to 38 Caley Street, Chifly - submitted to the Planning Committee on 13 April 2010

Attachment 1

 

 

 

Development Application Report No. D19/10

 

 

Subject:                  38 Caley Street, Chifley 

Folder No:                   DA/23/2010

Author:                   Louis Coorey, Environmental Planning Officer     

 


Proposal:                     Strata subdivision into two allotments (SEPP 1 Objection to minimum allotment size)

 

Ward:                      South Ward

 

Applicant:                Harrison Friedmann & Associates P/L

 

Owner:                         Treetop Horizons P/L

 

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The proposed development is for a strata subdivision of a dual occupancy currently under construction. The proposed development comprises two strata lots with an area of common property at the front of the site on a site measuring 643sqm.

 

It is noted that this development must be assessed and determined under Clause 20B (1) minimum allotment sizes of the Randwick Local Environmental Plan (RLEP) (Consolidation) which states:

 

The minimum allotment size for allotments resulting from the subdivision of land, other than for the purposes of public utility undertakings or roads, within Zone 2A is 400sqm and each allotment must have a frontage of at least 12 metres.

 

The RLEP (Consolidation) came into effect on the 15 January 2010 removing Clause 30(3) of the previous RLEP 1998 and replacing it with the above Clause. The difference in the two clauses regarding strata subdivision is that the applicable clause 20(B) requires a minimum site area of 800sqm whilst the previous Clause 30(3) required 900sqm for strata subdivision in a 2A zone. It is noted that the individual reference to strata subdivision that previously existed in Clause 30(3) was unnecessary in that a reference to subdivision included both land and strata subdivision as defined under Clause 4B of the Environmental Planning and Assessment Act 1979 No 203.

 

The proposed strata subdivision of a two lot attached dual occupancy on a lot size of 643sqm does not comply with the 800sqm minimum allotment size required under Clause 20(B). There is a shortfall of 157sqm which represents a variance of approximately 20% under the minimum site area required. The application is referred to Council for determination as required by the Department of Planning where development applications seek a greater than 10% variation to a development standard.

 

The applicant contends that strata subdivision does not involve the creation of separate allotments and therefore does not fall under Clause 20(B). Notwithstanding this, they have lodged a SEPP 1 objection to the standard for the minimum size of an allotment under State Environmental Planning Policy No. 1 (SEPP 1) arguing strict compliance with Clause 20(B) of RLEP Consolidation is unnecessary and unreasonable based on there being no amenity impacts created by the strata subdivision and the status quo is maintained in relation to replacing the existing Company title with a strata title.

 

The main issue with the application is that the proposed strata subdivision does not address the purpose of the standard under Clause 20B(1) of the RLEP 1998 (Consolidation) as well as the purpose of Clause 20(4) previously Clause 30(4) under, which the original approval was granted. The purposes of these Clauses is to encourage development that provides housing choice aimed at intra family arrangements particularly across generations e.g. In-laws, parents and grandparents rather than providing a significant development incentive in the form of separately titled occupancies (whether or not by strata). As such, allowing attached dual occupancies that were approved under Clause 30(4) to then be strata subdivided or subdivided into separate Torrens Title lots, would result in a significant increase in dual occupancies on substandard allotments in the 2A zone and hence transform the character of these low density areas. It is considered the applicant’s arguments do not address the intent or the underlying purpose of the standards.

 

The application is therefore recommended for refusal.

 

 

2.    The Proposal

 

Strata subdivision of the dual occupancy currently under construction into two strata lots with areas of common property at the front. Each dwelling contains 4 bedrooms, garaging, a swimming pool and associated works.

 

3.    The Subject Site and Surrounding Area

 

The subject site is a corner allotment and is located on the south east of Caley Street and south west of Burke Street. The site has a frontage width of 15.645m to Caley Street, a splay corner of 5.11m and a frontage width of 19.355m to Burke Street and side boundary depths of 32.84m along the western side boundary adjoining a single  storey dwelling fronting Burke Street and a 30.43m long south eastern side boundary adjoining a two storey dwelling fronting Caley Street. The site has a total area of 638.6sqm. The surrounding area is residential in character and consists predominantly of single and two storey dwelling houses. Figure 1 is an aerial view of the subject site and surrounding area.

 

Figure 1: Aerial view

 

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 Clauses 20B(1) of the Randwick Local Environmental Plan 1998, the minimum allotment size for strata subdivision of an attached dual occupancy on land zoned 2A Residential is 800sqm. The proposed variation is summarized in the table below:

 

 

Minimum allotment size standard for strata subdivision

Proposal

643sqm

LEP 1998 (Consolidation) development standard

800sqm

Shortfall below the LEP standard

157m2 below the development standard this equates to a proposed 20% shortfall.

 

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 Minimum allotment size standards as outlined in the LEP is:

 

 “To establish minimum requirements for the subdivision of land within residential zones in order to protect and enhance local amenity”

 

The underlying purpose of Clause 20B(1) is to maintain the existing subdivision pattern and low density character of land zoned 2A.”

 

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

 

That strata subdivision does not involve the creation of separate allotments and therefore does not fall under Clause 20B(1),

 

Comment: Subdivision as defined under the Environmental Planning and assessment Act includes strata subdivision and Councils application of the standard and its previous decisions (notwithstanding the change to the minimum allotment size standard) have maintained a consistent approach in applying the standard and where non compliance occurs a SEPP 1 objection is required. In this respect, Clause 20B(1) is applicable to the proposed development where under this Clause the minimum area required for strata subdivision is 800sqm. The proposed strata subdivision results in a significant shortfall of the minimum area required falling 20% short of the standard.

 

The objectives of the 2A zone are either not relevant or are not affected by the proposed strata subdivision in terms of amenity by virtue of no physical works being undertaken or its relevance

 

Comment: It is acknowledged that there are no physical works being undertaken as part of this development. However, the proposed strata subdivision is a form of development whereby if permitted would contravene the 2A zone objective. In this respect, it is considered that the development standards for minimum allotment sizes are intended to maintain the existing low density character of the 2A zoned land. Establishing minimum allotment size requirements ensures environmental outcomes from attached dual occupancy housing that are suitably located with access to services, transport, shops and the like, whilst minimising the impact on adjoining neighbours and maintaining or enhancing neighbourhood character.

 

It is considered that the proposed strata subdivision development on a substandard sized allotment of land will be inconsistent with this objective. The proposed departure would set a precedent for similar departures within land zoned 2A particularly as similar examples of allotments both in terms of sizes and frontages occur along Caley Street and land which is zoned 2A in the locality.

 

In addition, allowing strata subdivision of an attached dual occupancy on land which is substantially lower than the  minimum standard would contravene the objective of enabling a mix of housing that encourages housing affordability and it would not promote the orderly and economic use and low density development of land zoned 2A. In this respect, the resultant development would not represent a proper development of towns for the purposes of promoting the social and economic welfare of the community and a better environment.

 

The applicant also argues that as the Council approved the attached dual occupancy then it essentially concedes that the subject site is able to accommodate two dwellings and that the strata subdivision will not result in any additional impact on the locality and that the proposed strata merely maintains the status quo.

 

Comment: The only concession made by Council in this respect, is that the application to build the attached dual occupancy was assessed having regard to Clause 30 (4) and it was suitable for its intended purpose as an attached dual occupancy without strata subdivision. In this respect it was considered to comply with the 2A zone objectives that promote a low density character, housing mix and affordable housing.

 

In conclusion, the submitted SEPP 1 objection has not addressed the consistency of the proposed development with the underlying and stated purposes of the standard, the local planning objectives for the locality and objectives of the Act. The objection has not appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case. As such, it is considered that the objection is not 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.”

 

Comment: The variation from the minimum allotments size standard is inconsistent with the aims of SEPP 1 as it 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 compromise the orderly and economic use of the land.

 

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”.

 

Comment: The proposed development and variation from the development standard do not raise any matters of significance for State or regional environmental planning. However it is considered that there is a public benefit in maintaining the planning controls adopted by the RLEP (Consolidation) as they will maintain the existing subdivision pattern and low density character of the 2A Zone.

 

The strict adherence to the numerical standard is therefore considered reasonable.

 

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 strata subdivision of an attached dual occupancy on a substandard sized allotment of land will not achieve the objectives of the development standard or those of the 2A zone.

Second

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

 

Comments:

The 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 be defeated or thwarted as full compliance in this instance is reasonable.

 

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 minimum allotment size 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 A zoning is not considered to be inappropriate for the locality.

 

 

5.    Site History

 

Approval was granted under DA/320/2009 for the construction of two storey attached dual occupancy, garaging, swimming pool and associated works. No subdivision was sought as part of this application.

 

6.    Community Consultation

 

Given the proposed development doesn’t seek any additional bulk it is considered that under the DCP – Public Notification, the owners of the adjoining and neighbouring properties were not required to be notified of the development.

 

7.    Technical Officers Comments

 

None applicable.

 

8.    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 (Consolidation).

-      Environmental Planning and Assessment Act 1979 as amended.

-      Building Code of Australia.

 

(a)    Randwick Local Environmental Plan 1998

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 


Clause 10 Zone 2A residential

The objectives of Zone No 2A are:

 

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

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

 

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

The character of an established residential area is generally derived from the subdivision pattern in terms of the lot configuration and the relationship of built form to the surrounding space. In respect to this section of Caley Street, it contains several examples of established single detached houses on separate Torrens titled allotments, similar sized corner allotments and some recent examples of attached dual occupancy developments (without strata). In this respect, the proposed strata subdivision would likely lead to the strata subdivision of attached dual occupancies on lots of land well below the minimum requirements in the locality and it would lead to a significant change in the character of the established residential area.

 

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

The proposed development does not satisfy this objective. The minimum allotment size standard for strata subdivision of an attached dual occupancy is set at lower levels to encourage development that would provide housing for extended families particularly across generations e.g. In-laws, parents and grandparents, etc… rather than encouraging a proliferation of separately titled dual occupancies on small sized lots.

 

In particular, the minimum standard for land subdivision under Clause 20B(1) is 800sqm. It is set higher than that under the previous Clause 30(4) and current Clause 20B(4) which only requires 450sqm per lot for an attached dual occupancy. The intent is to allow attached dual occupancies to be constructed on lots as small as 450sqm but not to allow them to be subdivided. Allowing these types of dual occupancies to be strata titled on smaller lots, i.e. to be separately titled, would set a poor precedent and make lots within 2A zoned more commercially attractive to developers which would reduce the likelihood of land being developed for the purposes of enabling a mix of housing as described above.

 

It is therefore considered that the proposed development does not comply with the abovementioned objective.

 

Clause 22 Services

Clause 22 states that Council may grant consent to the carrying out of development where it is satisfied that adequate facilities for water supply, sewage removal/disposal and drainage are available. Although services were required to be provided under the previously approved attached dual occupancy development, updated certification would be required from the relevant authorities should the recommendation be for approval.

 

Clause 20B Minimum allotment sizes

Clause 20B(1) sets out minimum standards for strata subdivision within a 2A zone and is therefore applicable. The minimum allotment size for strata subdivision within a 2A zone is 800sqm. The proposed development for strata title subdivision into two lots does not comply with the minimum allotment size requirements under Clause 20B(1) of the RLEP 1998 (Consolidation) as discussed under Section 4 above.

 

8.1 Policy Controls

 

a.    Development Control Plans

None applicable

 

8.2 Council Policies

 

Section 94 Contributions plans

This application is EXEMPT from a levy under Council’s s94A Development Contributions Plan as it falls into the category of development with a cost of works less than $100,000.

 

9.    Environmental Assessment

 

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

 

9.1    The provisions of the Regulations - S79C(1)(a)

There matters of relevance in this development application that pertains to the provisions of the EP&A Regulations 2000 have been suitably addressed through the body of this report and relevant procedural matters.

 

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

The proposal is for the strata sub-division of an attached dual occupancy and will not directly result in any built form so that there will be no immediate impact in terms of overshadowing, overlooking or loss of views from the proposed development. In respect to strata subdivision, the likely impact of the development would propagate the strata subdivision of similarly substandard sized and dimensioned allotments in the locality which would then transform the character of the 2A zone and contravene the intent and the underlying purpose of the subdivision standard.

 

9.3    The suitability of the site for the development – S79C(1)(c) 

The proposed subdivision is not considered to be suitable development of the site having regard to relevant planning matters such as the aims and objectives of the 2A zone and, the level of non-compliance with the size of the allotment.

 

9.4    Any submissions made in accordance with the Act or Regulations - S79C(1)(d)

The application was not required to be notified.

 

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

The proposed strata subdivision of the attached dual occupancy is not in the public interest will provide a poor precedent for the strata subdivision of attached dual occupancies on substandard sized allotments of land in the 2A zone which would be contrary to the objectives for the 2A zone.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Excellence in urban design and development.

Direction:  Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed strata subdivision is permissible with development consent under Randwick LEP 1998 (Consolidation). The proposal has been assessed having regard to the provisions of the section 79C of the EP&A Act, the Regulations and relevant environmental planning instruments and policies as discussed in the body of this report. The proposed strata subdivision does not comply with the minimum allotment size for subdivision in the 2A zone under Clause 20B(1) of the RLEP 1998 (Consolidation) being 20% lower than the standard.

 

The SEPP 1 objection lodged with respect to the non-compliance with the minimum allotment size of 800sqm is not considered to be well founded. The applicant argues that the proposed strata subdivision merely represents a more appropriate form of ownership as opposed to Company title and the strata subdivision would not result in any amenity impacts on the surrounding developments. However, the applicants SEPP 1 objection is considered to have failed in addressing the underlying intent of the higher standard set for subdivision as opposed to the lower standard for building an attached dual occupancy without subdivision for which original consent was granted.

 

In this respect, the proposed development would transform the character of the 2A zone by providing for increased incentive for the development of strata titled dual occupancies and would contravene the relevant objectives of the 2A zone by reducing the likelihood that the dual occupancy development would be used for intra family arrangements or for rental purposes thus reducing housing affordability.

 

In the circumstances, a valid case has not been made by the applicant to indicate why compliance with the development standard is unreasonable and unnecessary.

 

It is therefore recommended that Council refuse the application.

 

 


 

Recommendation

 

That Council, as the consent authority, refuses development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/23/2010 for strata subdivision of an attached dual occupancy at 38 Caley Street, Chifley, for the following reasons:

 

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

 

2.     The proposed development does not comply with Clause 20B(1) under Randwick Local Environmental Plan 1998 (Consolidation) in that the proposed subdivision is well below the minimum standard and will be inconsistent with the existing and desired future character of the locality.

 

3.     The proposed development will result in a proliferation of strata titled attached dual occupancy developments on substandard lots in the 2A Zone due to the commercial attractiveness of having separate titles for the dual occupancies.

 

4.     The proposed development does not comply with the minimum allotment sizes stipulated under Council’s LEP 1998 (Consolidation) and will increase densities in areas that are not accessible to public transport and services.

 

 

Attachments/s:

 

Nil


Ordinary Council

27 April 2010

 

 

 

Director City Planning Report No. CP22/10

 

 

Subject:                  387-389 Anzac Parade, Kingsford - DA/837/2009

Folder No:                   DA/837/2009

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Fit out and use of existing commercial tenancy for Thai Therapeutic massage (Potong Massage)

Ward:                      West Ward

 

Applicant:                L Jevremovic

 

Owner:                         Apex Properties

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application details the fit out and use of the existing commercial tenancy as a Thai Therapeutic massage. A separate development application, DA/57/2010 has also been submitted for the same use in the same tenancy.

 

The application is referred to Council for determination as the proposed use involves therapeutic massage.

 

It is considered that the proposed use is legitimate and the premises are not intended to be used for the purposes of providing sexual services.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details the fit out and use of the existing commercial tenancy use for a Thai massage therapy service operating from 11.00am to 10.00pm, Monday to Thursday and Sunday, and 10.00am to 11.00pm, Friday and Saturday, with associated identification signage.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the south western corner of Anzac Parade and Gardeners Road and contains an existing commercial building which includes a number of commercial uses at ground and within the upper level. The entrance to the building is within the Gardeners Road frontage. The commercial space is currently vacant and has until recently been used as a legal conveyancy business. The site is within the Kingsford General Business area and contains a number of local business uses.

 

4.    Community Consultation

 

The proposal has been notified in accordance with the DCP – Notification.

 

Objections

Comments

City of Botany Bay, as the owner of the properties directly opposite.

 

-The proposed hours of operation do not reflect the general working hours of a massage therapy business as they extend late into the night.

-The failure to provide for on site parking will cause additional traffic and parking impacts upon the surrounding network.

-The business is in close proximity to a number of schools and the nature of the proposed use may cause a safety issue to children.

The proposed hours of operation are excessive in relation to the proposed use and a condition of consent is recommended to restrict the hours of trading until 10.00pm which is more in keeping with the established trading hours of the adjoining premises.

The proposed use does not provide for any additional floor area to the building and therefore no additional parking demand is generated.

There is no evidence to suggest that the proposed use has any potential to result in any safety impacts to any persons including any nearby school students.

 

5.    Relevant Environmental Planning Instruments

 

The site is zoned 3A General Business under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

6.    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.

 

6.1    Nature of proposed use

 

The proposed use is consistent with the general aims of the RLEP 1998 and the proposed activity does not conflict with the objectives of the 3A zone in that the use will;

 

a)     maintain the viability of business centres and employment opportunities within economically viable commercial precincts in the City of Randwick; and

 

b)     contribute to the mixture of uses within the retail centre while minimising adverse impacts on the nearby development.

 

The details provided with the application adequately describe a development for the purpose for which approval is sought, ie as a legitimate premises providing therapeutic massage. A good indication of the legitimacy of the proposal is the type of signage provided and the direct access to the premises. In this regard the proposed advertising sign specifically alerts potential clients to the exact nature of the services to be provided and the entrance to the premises is at grade and directly from the Gardeners Road frontage.

 

Notwithstanding the above, suitable conditions are included in the recommendation limiting the hours of operation and requiring suitable qualifications of staff.

 

6.2      Advertising

 

The proposed sign to the front wall of the property and under awning sign satisfies the objectives of Section 2.2 of the DCP for Outdoor Advertising in that the scale and type of advertising is consistent with the adjoining properties and will not dominate the building.

 

6.3      Parking

 

The proposed use does not provide for any additional floor area to the building and therefore no additional parking demand is generated.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:      A strong local economy.

Direction:      The proposal in providing for a commercial use will facilitate the provision of services to the community as well as the growth of local businesses.

 

Conclusion

 

The proposal complies with the relevant assessment criteria and subject to conditions to restrict the hours of trading to 10.00pm, and the type of massage service provided, will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/837/09 for permission to fit out and sue the existing vacant commercial tenancy for the purposes of Thai Therapeutic massages at No. 4/387 Anzac Parade, Kingsford subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans numbered , pages 1-4, & 4/387, dated 6 November 2009 and received by Council on 29 December 2009, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.       The premises must not to be used for the purposes of a brothel and in this regard, no sexual services are to be provided in association with the massage services.

 

3.       The maximum number of employees operating from the subject premises is restricted to 4, and must have relevant remedial and therapeutic massage qualifications.

 

4.       The hours of operation of the business are restricted to 10.00am to 10.00pm seven days a week.

 

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

 

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

 

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

 

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

 

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

 

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

 

6.       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.

 

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

 

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

 

a)    a Construction Certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

·          Occupational Health and Safety Act 2000 & Regulations

·          WorkCover NSW Guidelines & Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

17.     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.

 

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

 

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

 

19.     Beauty salons must comply with the Local Government (General) Regulations 2005 and the premises is to be registered with Council prior to occupation and on an annual basis and the approved registration/inspection fee is to be forwarded to the Council prior to occupation.

 

20.     Skin penetration as defined under the Public Health Act 1991is not permitted.

 

21.     The operation of the premises is to be restricted to Thai massage therapy, oil massage, body scrubs and foot massages.

 

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

 

23.     A wash hand basin must be provided in a common area and must be accessible at all times.

 

24.     The wash hand basin must have a supply of soap and disposable towels at all times.

 

25.     A cleaning sink must be provided in a common area for the cleaning and disinfection of equipment.

 

26.     All wash hand basins and cleaning sink/s must have:

 

·        a supply of hot and cold water from a mixing valve,

·        ceramic tiles provided to a height of 450mm above the wash hand basins and cleaning sink.  

 

27.     The floor finish must be rigid, smooth and impervious.

 

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:

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Ordinary Council

27 April 2010

 

 

 

Director City Planning Report No. CP23/10

 

 

Subject:                  387-389 Anzac Parade, Kingsford - DA/57/2010

Folder No:                   DA/57/2010

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Fit out and use of existing commercial tenancy for Thai Therapeutic massage (Tara OTMC)

Ward:                      West Ward

 

Applicant:                S Patcharaphong

 

Owner:                         Apex Properties Pty Ltd

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application details the fit out and use of the existing commercial tenancy as a Thai Therapeutic massage. A separate development application, DA/837/2009, has also been submitted for the same use in the same tenancy.

 

The application is referred to Council for determination as the proposed use involves therapeutic massage.

 

It is considered that the proposed use is legitimate and the premises are not intended to be used for the purposes of providing sexual services.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details the fit out and use of the existing commercial tenancy use for a Thai massage therapy service operating from 11.00am to 10.00pm, seven days a week, with associated identification signage.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the south western corner of Anzac Parade and Gardeners Road and contains an existing commercial building which includes a number of commercial uses at ground and within the upper level.  The actual building fronts Gardeners Road and provides direct pedestrian entrance to the building from that frontage. The commercial space is currently vacant and has until recently been used as a legal conveyancy business. The site is within the Kingsford General Business area and contains a number of local business uses.

 

4.    Community Consultation

 

The proposal has been notified in accordance with the DCP – Notification.

 

Objections

Comments

City of Botany Bay, as the owner of the properties directly opposite.

-There is a previous development application, DA/837/09, also for a massage therapist which has not been determined.

-The proposed hours of operation do not reflect the general working hours of a massage therapy business as they extend late into the night.

-The failure to provide for on site parking will cause additional traffic and parking impacts upon the surrounding network.

-The business is in close proximity to a number of schools and the nature of the proposed use may cause a safety issue to children.

There is another current development application, DA/837/09 which for another massage therapy business which has not yet been determined and is the subject of a separate report to Council.

The proposed hours of operation are in keeping with the established trading hours of the adjoining premises.

The proposed use does not provide for any additional floor area to the building and therefore no additional parking demand is generated.

There is no evidence to suggest that the proposed use has any potential to result in any safety impacts to any persons including any nearby school students.

 

5.    Relevant Environmental Planning Instruments

 

The site is zoned 3A General Business under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

6.    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.

 

6.1      Nature of proposed use

 

The proposed use is consistent with the general aims of the RLEP 1998 and the proposed activity does not conflict with the objectives of the 3A zone in that the use will;

 

a)     maintain the viability of business centres and employment opportunities within economically viable commercial precincts in the City of Randwick; and

 

b)     contribute to the mixture of uses within the retail centre while minimising adverse impacts on the nearby development.

 

The details provided with the application adequately describe a development for the purpose for which approval is sought, ie as a legitimate premises providing therapeutic massage. A good indication of the legitimacy of the proposal is the type of signage provided and the direct access to the premises. In this regard the proposed advertising sign specifically alerts potential clients to the exact nature of the services to be provided and the entrance to the premises is at grade and directly from the Gardeners Road frontage.

 

Notwithstanding the above, suitable conditions are included in the recommendation limiting the hours of operation and requiring the details of qualifications of staff.

 

6.2    Advertising

 

The proposed sign to the front wall of the property and under awning sign satisfies the objectives of Section 2.2 of the DCP for Outdoor Advertising in that the scale and type of advertising is consistent with the adjoining properties and will not dominate the building.

 

6.3      Parking

 

The proposed use does not provide for any additional floor area to the building and therefore no additional parking demand is generated.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:    A strong local economy.

Direction:    The proposal in providing for a commercial use will facilitate the provision of services to the community as well as the growth of local businesses.

 

Conclusion

 

The proposal complies with the relevant assessment criteria and subject to conditions to restrict the hours of trading to 10.00pm, and the type of massage service provided, will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 


 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/57/2010 for permission to fit out and use the existing vacant commercial tenancy for the purposes of Thai Therapeutic massages at 4/387 Anzac Parade, Kingsford subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans numbered , pages A001, A003, A004, A005, A006 & A007, dated 01/02/10 and received by Council on 2 February 2010 the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.       The premises must not to be used for the purposes of a brothel and in this regard, no sexual services are to be provided in association with the massage services.

 

3.       The maximum number of employees operating from the subject premises is restricted to 7, and must have relevant remedial and therapeutic massage qualifications.

 

4.       The hours of operation of the business are restricted to 10.00am to 10.00pm seven days a week.

 

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

 

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

 

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

 

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

 

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

 

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

 

6.       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.

 

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

 

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

 

a)    a Construction Certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

·          Occupational Health and Safety Act 2000 & Regulations

·          WorkCover NSW Guidelines & Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

17.     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.

 

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

 

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

 

19.     Beauty salons must comply with the Local Government (General) Regulations 2005 and the premises is to be registered with Council prior to occupation and on an annual basis and the approved registration/inspection fee is to be forwarded to the Council prior to occupation.

 

20.     Skin penetration as defined under the Public Health Act 1991is not permitted.

 

21.     The operation of the premises is to be restricted to Thai massage therapy, oil massage, body scrubs and foot massages.

 

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

 

23.     A wash hand basin must be provided in a common area and must be accessible at all times.

 

24.     The wash hand basin must have a supply of soap and disposable towels at all times.

 

25.     A cleaning sink must be provided in a common area for the cleaning and disinfection of equipment.

 

26.     All wash hand basins and cleaning sink/s must have:

 

·          a supply of hot and cold water from a mixing valve,

·          ceramic tiles provided to a height of 450mm above the wash hand basins and cleaning sink.  

 

27.     The floor finish must be rigid, smooth and impervious.

 

 

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:

 

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

 

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

ADVISORY MATTERS:

 

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

 

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

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Ordinary Council

27 April 2010

 

 

 

Director City Planning Report No. CP24/10

 

 

Subject:                  265 Arden Street, Coogee

Folder No:                   DA/116/2010

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Use of premises for Thai Massage Therapy

 

Ward:                      East Ward

 

Applicant:                P Clegg

 

Owner:                         J Melick

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


Executive Summary

 

This application details the fit out and use of the existing commercial tenancy for Thai Therapeutic massage.

 

The application is referred to Council for determination as the proposed use involves therapeutic massage.

 

It is considered that the proposed use is legitimate and the premises are not intended to be used for the purposes of providing sexual services.

 

The application is recommended for approval.

 

1.    The Proposal

 

The application details the fit out and use of the existing commercial tenancy use for a Thai massage therapy service operating from 10.00am to 10.00pm Monday to Saturday and 10.00am to 8.00pm Sunday. 

 

2.    The Subject Site and Surrounding Area

 

The subject site is located on the eastern side of Arden Street within the Coogee General Business area and is amongst a group of existing commercial uses. The commercial space is currently vacant and has until recently been used as a Doctor’s Surgery.

 

3.    Community Consultation

 

The proposal has been notified in accordance with the DCP – Notification. No submissions have been received.

 

4.    Relevant Environmental Planning Instruments

 

The site is zoned 3A General Business under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

5.    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.

 

6.1      Nature of proposed use

The proposed use is consistent with the general aims of the RLEP 1998 and the proposed activity does not conflict with the objectives of the 3A zone in that the use will;

 

a)     maintain the viability of business centres and employment opportunities within economically viable commercial precincts in the City of Randwick; and

b)     contribute to the mixture of uses within the retail centre while minimising adverse impacts on the nearby development.

 

The details provided with the application adequately describe a development for the purpose for which approval is sought, ie as a legitimate premises providing therapeutic massage. A good indication of the legitimacy of the proposal is the signage provided to the shopfront which clearly advertises Traditional Thai Massage and the direct access to the premises from Arden Street.

 

Notwithstanding the above, suitable conditions are included in the recommendation limiting the hours of operation and requiring suitable qualifications of staff.

 

6.2    Advertising

 

The proposed identification sign to the front window of the property satisfies the controls of Section 2.2 of the DCP for Outdoor Advertising in that the proposed wording relates to the premises and will not detract from or dominate the building.

 

6.3      Parking

 

The proposed use does not provide for any additional floor area to the building and therefore no additional parking demand is generated.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:         A strong local economy.

Direction:          The proposal in providing for a commercial use will facilitate the provision of services to the community as well as the growth of local businesses.

 

Conclusion

 

The proposal complies with the relevant assessment criteria and subject to conditions to formalise the hours of trading to close at 10.00pm at the latest, and the type of massage service provided, will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/116/2010 for permission to fit out and use the existing vacant commercial tenancy for the purposes of Thai Therapeutic massage at 265 Arden Street, Coogee subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans received by Council on the 24th February 2010 the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.       The premises must not be used for the purposes of a brothel and no sexual services are to be provided in association with the massage services.

 

3.       The maximum number of employees operating from the subject premises is restricted to 4, and must have relevant remedial and therapeutic massage qualifications.

 

4.       The hours of operation of the business are restricted to 10.00am to 10.00pm seven days a week.

 

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

 

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

 

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

 

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

 

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

 

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

 

6.       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.

 

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

 

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

 

a)    a Construction Certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

·          Occupational Health and Safety Act 2000 & Regulations

·          WorkCover NSW Guidelines & Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

17.     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.

 

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

 

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

 

 

19.     Beauty salons must comply with the Local Government (General) Regulations 2005 and the premises is to be registered with Council prior to occupation and on an annual basis and the approved registration/inspection fee is to be forwarded to the Council prior to occupation.

 

20.     Skin penetration as defined under the Public Health Act 1991is not permitted.

 

21.     The operation of the premises is to be restricted to Thai massage therapy, oil massage, body scrubs and foot massages.

 

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

 

23.     A wash hand basin must be provided in a common area and must be accessible at all times.

 

24.     The wash hand basin must have a supply of soap and disposable towels at all times.

 

25.     A cleaning sink must be provided in a common area for the cleaning and disinfection of equipment.

 

26.     All wash hand basins and cleaning sink/s must have:

 

·       a supply of hot and cold water from a mixing valve,

·       ceramic tiles provided to a height of 450mm above the wash hand basins and cleaning sink.  

 

27.     The floor finish must be rigid, smooth and impervious.

 

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:

 

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

 

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

ADVISORY MATTERS:

 

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

 

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

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Ordinary Council

27 April 2010

 

 

 

Director City Planning Report No. CP25/10

 

 

Subject:                  75 Jersey Road, Matraville

Folder No:                   DA/918/2009

Author:                   David Mooney, Environmental Planning Officer     

 

Proposal:                     Construction of new 2 storey dwelling with garage and associated works.

 

Ward:                      South Ward

 

Applicant:                SPD Town Planners Pty Ltd

 

Owner:                         C Wong

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

This development application is referred to Council for determination at the request of Councillors Andrews, Matthews and White.

 

The development application is for construction of new 2 storey dwelling with garage and associated works. Revised plans were submitted on 26 March 2010.

 

The site is on the southern side of Jersey Road and also has side-street frontage to Gainford Avenue. It has an irregular shape with a curved street corner boundary. The site is 706.2m2 and level. There are free-standing homes to the east and south.

 

There were objections on the grounds of overlooking, overshadowing, noise, non-compliance, bulk and scale. The revised plans overcome the issues in the objections and they are also addressed in this report.

 

The proposal satisfies the objectives and performance requirements of the Randwick LEP 1998 and DCP for Single Dwellings and Attached Dual Occupancies.

 

Approval subject to conditions is recommended.

 

2.    The Proposal

 

The development application is for construction of new 2 storey dwelling with garage and associated works. The proposal was amended 26 March 2010 during assessment to reduce floor area, increase façade articulation and improve solar access to the neighbouring lot.

 

3.    The Subject Site and Surrounding Area

 

The site is on the southern side of Jersey Rd and also has side-street frontage to Gainford Ave. It has an irregular shape with a curved street corner boundary. The dimensions are: east, 37.12m; south, 26.815m; west (Gainsford Ave), 26.13m; corner radius, 7.95m; north (Jersey Rd), 10.67m. The site is 706.2m2 and level. There are free-standing homes to the east and south. The area is low density residential in character with free standing one and 2 storey homes on large lots.

 

 

4.    Site History

 

A previous approval for demolition of the existing dwelling house and construction of a dual occupancy was never completed. The existing dwelling was demolished, but there was no construction work on the dual occupancy. The site is presently vacant.

 

5.    Community Consultation

 

The development application was notified to adjoining landowners in accordance with Council policy. The revised proposal of 26 March 2010 reduced the scale of the building and its impacts and was not renotified. There were objections from:

 

·      1 Gainford Avenue

·      77 Jersey Road

·      3 Gainford Avenue

 

Issue: Overshadowing to 1 Gainford Ave.

Comment: The proposal was revised so that overshadowing is not materially different to the already approved dual occupancy. The occupants at 1 Gainford Ave retain 3 hours of sunlight to north facing windows and outdoor recreational spaces as required by the preferred solutions in the DCP.

 

Issue: The rear setback is only 1m increasing overshadowing and compounds lack of wind movement and ventilation at 1 Gainford Ave.

Comment: The proposal was revised so that the elevation facing 1 Gainford Ave is narrower and at least 2.1m from the boundary at the upper level. The proposed setback conditions satisfy the preferred solutions for setback to a southern boundary in the DCP.

 

Issue: The statement incorrectly describes the proposal and its relationship to the existing site and existing approval.

Comment: The proposal is adequately set-out on the plans accompanying the development application. The Assessing Officer was not misled by the inaccurate statement.

 

Issue: The proposal exceeds the floor space ratio and does not have adequate setbacks to boundaries. Object on the basis of size and bulk.

Comment: The setbacks and floor area for the revised proposal are adequate. Non-compliances with the preferred solutions for floor area and setback are addressed in the Environmental Assessment section of this report.

 

Issue: The proposal will have the appearance of a block of flats and is not in keeping with the surrounding streetscape.

Comment: The revised proposal has deeply modelled street facades and would be an acceptable addition to the streetscape.

 

Issue: Privacy is a concern as there are 6 windows overlooking 1 Gainford Ave.

Comment: The revised plans have only 2 narrow bedroom windows and an ensuite window facing 1 Gainford Ave at the upper level. Privacy is acceptable.

 

Issue: Our rear yard at 1 Gainford Ave will also be overshadowed by a Department of Housing development that is going ahead.

 

Comment: Overshadowing from any Department of Housing proposal would need to be assessed by the Department of Housing.

 

Issue: The U shape back yard will project noise to the rear yard at 77 Jersey Rd

Comment: Noise from a range of residential activities is governed by the Protection of the Environment Operations (Noise Control) Regulations and does not require additional town planning conditions.

 

Issue: There is a bank of windows overlooking 77 Jersey Rd.

Comment: In the revised proposal there are windows for 3 bedrooms that face 77 Jersey Rd, but they are at least 9m from the boundary. Privacy is acceptable.

 

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 construction of a new 2-storey dwelling at the above site.

 

This report is based on the following plans and documentation:

 

·      Architectural Plans numbered DA01-DA04 dated October 2009;

·      Statement of Environmental Effects by SPD Town Planners dated 9 December 2009.

·      Stormwater/ catchment Concept Plan by Keependos Pty ltd dated 12 September 2009;

·      Landscape Plan & Documentation by Anthony Wyer Landscape Design, drawing A, job number 38-09, revision I, dated 26/11/09 and stamped 9 December 2009.

 

Drainage Comments

Stormwater runoff shall be piped to a sediment/silt arrestor pit that drains to a 5 m2 base infiltration area/rubble pit. An over flow pipe shall be provided from the silt arrestor pit that drains to Council’s kerb and gutter (or underground drainage system).

 

The requirement for an infiltration/rubble pit will not be enforced should the ground conditions preclude the construction of the infiltration pit (i.e. rock and/or the water table is near the surface). If the infiltration area is not constructed (due to demonstrated unsuitable ground conditions), all site stormwater shall be discharged to the kerb and gutter via a sediment/silt arrestor pit.

 

It is apparent that due to the size of the proposed dwelling the requirement for the 5m2 infiltration pit may be difficult to achieve without extensions to some of the footings and subsequent certification by a structural engineer. This is not the desired outcome by Development Engineering and will also create additional costs to the applicant. This however should not be used as an excuse to request the removal of this requirement and any request to do so will not be considered for this reason alone. It is noted that the proposal exceeds Council’s FSR controls by a significantly large amount and the assessing officer may wish to consider this issue in the assessment of the FSR non-compliance.

 

Parking Comments

Council’s DCP-Parking requires that dwellings with 3 bedrooms or more require at least 2 carspaces. The submitted plans demonstrate compliance with this requirement.

 


Landscape Technician

There are two small, recently planted Hibiscus tiliaceus (Cottonwoods) on Council’s Jersey Road verge, being one just to the east of the proposed vehicle crossing, beyond the eastern site boundary, actually in front of 77 Jersey Road, and then another to the west, towards the intersection of Gainford Avenue, both of which will need to be retained in the streetscape, with relevant conditions to ensure this provided in this report.

 

The only vegetation within the site was observed to be a Eucalyptus sideroxylon (Ironbark), of approximately 5 metres in height in the northeast corner of the site, which despite being covered by Council’s Tree Preservation Order and being sited in a prominent location towards the front of the site, is in poor condition due to damage sustained to a large limb on its southern aspect from past pruning or storm damage, which has resulted in a decay/hollow, which is a structural defect that carries a higher risk of failure, with its natural form and habit also being suppressed under the larger, more dominant canopy of the Gum Tree in the front yard of the adjoining property to east, 77 Jersey Road.

 

Further, excavations for the eastern side of the internal driveway a distance of 700mm off its trunk (as well as the creation of this impervious surface), will only place this tree under further stress; so despite being shown for retention, consistent with advice and conditions provided for the previous application in September 2005 (refer DA/512/2005), the most appropriate course of action in this instance is removal and replacement, with conditions to this effect included in this report.

 

To the east of the tree described above, actually in the front yard of the adjoining property to the east, 77 Jersey Road, whose trunk is setback 500mm off the common boundary, there is a large and mature Eucalyptus botryoides (Bangalay) of approximately 15 metres in height, which appears in good health and condition, and is also covered by Council’s Tree Preservation Order.

 

It is a reasonably significant example of the species due to its age and size, was observed to provide a positive contribution to the overall amenity of the area, and as it is an endemic tree to coastal areas of the Randwick LGA, also provides a food and habitat source for native fauna.

 

A review of Council’s 2006 aerial photo system shows that the original dwelling was located centrally within the site (setback 9.5 metres off the front boundary), substantially away from this tree, with the only other remaining structures on site being a low brick wall around the northeast corner of the site, along both the eastern and northern boundaries, immediately adjacent its trunk, which will be demolished.

 

The main issue for its preservation relates to excavations for the northeast corner of the proposed garage being performed only 1.6m off the outside edge of its trunk, which is 500mm closer than what was shown for the previous proposal, meaning there is potential for root damage on its western aspect, with the footprint shown as occupying an area that would amount to about 15-20% of its entire root plate.

 

The pure sandy soil of this area allows roots to grow much deeper into the soil profile that what is normally the case, and providing the measures listed in this report are adhered to, it is anticipated that the impact on this tree will be manageable, and will be an amount that will allow it to be safely retained into the future so that it can continue to perform its role as a landscape feature.

 

While the pruning of some minor branches from its western aspect may be necessary in order to avoid interference with the first floor, the 1780mm setback, combined with the absence of any major structural branches in this area means that if it is necessary, it will not affect its health or condition in any way, with the relevant consent provided.

 

7.    Relevant Environmental Planning Instruments

 

Randwick Local Environmental Plan 1998

The site is zoned 2A residential under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal.

 

Clause 12 Zone Objectives

The proposal is consistent with the character of the area and shares the height, mass, landscape and setback characteristics of nearby buildings. Amenity impacts are in-line with the DCP performance requirements 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.

 

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

$1,266,237.00

1.0%

$12,662

 

Randwick Local Environmental Plan 1998 (Consolidation)

The development application was lodged before the 15 January 2010 gazettal of LEP 1998 (Consolidation) - 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 LEP 1998 (Consolidation).

 

Development Control Plan – Single Dwellings and Attached Dual Occupancies

The proposal generally satisfies the preferred solutions and 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

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

47%

Yes

25m² of private open space provided.

150m2 +

Yes

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

7mx11m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

38%

Yes

Floor area

(Site area 706.2m2) maximum FSR 0.5:1 

0.79:1

No

Height, Form & Materials

External wall height maximum 7m

6.8m

Yes

External wall height to the rear maximum 3.5m.

n/a

 

Cut or fill maximum 1m.

None

Yes

No excavation within 900 mm of a side boundary.

None

Yes

No excavation within 4m of a rear boundary.

None

Yes

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

7.6m

2.1(min)

2.4m(mean)

Yes

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

n/a

n/a

Building setbacks

Front setback average of adjoining dwellings or 6m

5.5(min)/ 6.7m(mean)

Yes

Rear boundary setback at least 4.5m

1.113m – 10m

No

Side setbacks be 900mm at ground level.

1m

Yes

Side setbacks be 1.5m at second floor level.

1.78

Yes

Side setbacks be 3.0m at third floor level.

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.

Not required

Yes

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

None

Yes

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

Not required

n/a

Safety & Security

Front doors of dwellings are visible from the street.

Yes

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

Various rooms

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.

2 spaces

Yes

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

2.9mx6.8m

Yes

Driveway min width of 3m and side setback 1m

3m/1m

Yes

Driveway maximum width of 3m at the boundary.

3m

Yes

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

Level

Yes

Garages and carports to rear lanes set back 1m.

n/a

n/a

Parking and access is provided from the rear.

n/a

n/a

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

Yes

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

Approx 25%

Yes

Fences

Sandstone fences and walls are retained/recycled.

No sandstone

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

n/a

 

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.

3hours +

Yes

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

Full solar access

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.

At least 3 hours

Yes

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

At least 3 hours

Yes

 

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.

Floor space ratio

The proposed floor space ratio is 0.79:1 exceeding the preferred solution by 0.26:1. However, the proposal exceeds the FSR of the approved dual occupancy by 0.17:1. The site is very large and can allow a very large building without too much impact on the neighbours. The proposal complies with the height and landscaping controls which indicates that it is not an overdevelopment of the site. The proposed building includes deeply modelled facades facing both streets. The proposed footprint, height and façade modelling is very similar to the approved but not constructed dual occupancy. It is well articulated and concentrates the building bulk to the edges of the site and minimises impacts to adjoining properties. The non-compliance satisfies the performance requirements for floor area in the DCP and is acceptable.

 

Rear boundary setback

There is a large landscaped space approximately 20m long and at least 7.5m wide in the south eastern portion of the lot. This landscaped area is opposite the street corner and adequately serves the purpose of a rear boundary setback because it amply contributes to the borrowed landscape at the rear of lots in Jersey Rd and O’Connell Ave. The non-compliance satisfies the performance requirements for setback in the DCP and is acceptable.

 

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 development application is for construction of new 2 storey dwelling with garage and associated works. Revised plans were submitted on 26 March 2010.

 

The site is on the southern side of Jersey Road and also has side-street frontage to Gainford Avenue. It has an irregular shape with a curved street corner boundary. The site is 706.2m2 and level. There are free-standing homes to the east and south.

 

There were objections on the grounds of overlooking, overshadowing, noise, non-compliance, bulk and scale. The revised plans overcome the issues in the objections and they are also addressed in this report.

 

The proposal satisfies the objectives and performance requirements of the Randwick LEP 1998 and DCP for Single Dwellings and Attached Dual Occupancies.

 

Approval subject to conditions is recommended.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/918/2009 for construction of new 2 storey dwelling with garage and associated works at No. 75 Jersey 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 DA02, DA03 and DA04, received by Council on 26 March 2010, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

3.       Any fence between the building and a street boundary must be no higher than 1800mm and the upper two thirds must be at least half open. Openings must be distributed evenly over the surface area of the fence. Design details must be shown on the Construction Certificate.

 

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

 

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

 

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

 

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

 

9.       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;

 

10.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,266,237.00 the following applicable monetary levy must be paid to Council: $12,662

 

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

 

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

 

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

 

11.     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.

 

12.     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.

 

13.     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)

 

14.     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:

 

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

 

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

 

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

 

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

 

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

 

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

 

a)    a Construction Certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

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

 

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

 

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

                                        

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

 

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

 

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.

 

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

 

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

 

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

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

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

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

 

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

 

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

 

 

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

 

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

 

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

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The 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.

 

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

 

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

 

Smoke alarms must comply with AS3786 – Smoke alarms and be connected to the consumer mains electric power supply and provided with a battery back-up.  Details of compliance with the provisions of the Building Code of Australia must be included in the plans / specification for the construction certificate.

 

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

 

26.     The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment & Climate Change and Randwick City Council policies, including:

 

·          Occupational Health & Safety Act 2000 & Regulations

·          WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·          WorkCover NSW Guidelines and Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

 

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

 

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

 

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

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

·          Details of hazardous materials (including asbestos)

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

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works will commence

 

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

 

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

 

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

 

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

 

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

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

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

·          as otherwise may be required by the Principal Certifying Authority.

 

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

 

30.     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.

 

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.

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

A Construction Noise Management Plan, prepared by a suitably qualified person is to be implemented throughout the works, to the satisfaction of the Council.  A copy of the strategy must be provided to the Principal Certifying Authority and Council prior to the commencement of works.

 

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

 

34.     A Registered Surveyor’s check survey certificate or compliance certificate is to be obtained at the following stage/s of construction to demonstrate compliance with the approved setbacks, levels, layout and height of the building to the satisfaction of the Principal Certifying Authority:

 

·        prior to construction of the footings or first completed floor slab (prior to the pouring of concrete),

 

·        upon completion of the building, prior to issuing an occupation certificate.

 

The survey documentation must 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.  

 

35.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·      location of site storage areas/sheds/equipment;

·      location of building materials for construction;

·      provisions for public safety;

·      dust control measures;

·      site access location and construction

·      details of methods of disposal of demolition materials;

·      protective measures for tree preservation;

·      provisions for temporary sanitary facilities;

·      location and size of waste containers/bulk bins;

·      details of proposed sediment and erosion control measures;

·      construction noise and vibration management;

·      construction traffic management details.

 

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

 

38.     Sediment and erosion control measures must be provided in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.

 

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.

 

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

 

a)       Building materials, sand, soil, waste materials, construction equipment or5 other activities must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions, soil and debris at all times.

 

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

 

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

 

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

 

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

 

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

 

40.     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:

 

41.     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.

 

42.     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:

 

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

 

a)   $2000.00   -      Damage/Civil Works Security Deposit

 

The damage/civil works security deposit may be provided by way of a cash or cheque with the Council and is refundable upon:

 

§ A satisfactory inspection by Council that no damage has occurred to the Council assets such as roadway, kerb, guttering, drainage pits footway, or verge; and

§ Completion of the civil works as conditioned in this development consent by Council.

 

The applicant is to advise Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

 

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

 

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

 

44.     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 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)  Reconstruct 1.3m wide concrete footpath across the full site frontage in Jersey Road, if required

 

45.     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.

 

46.     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:

 

47.     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, shall be:

 

Jersey Road Frontage

 

§ 20mm ABOVE the back of the existing footpath at all points opposite, along the full site frontage.

 

Gainford Avenue Frontage

 

§ 100mm ABOVE the top of the kerb at all points opposite the kerb, along the full site frontage.

 

The design alignment levels (concrete/paved/tiled level)  issued by Council and their relationship to the kerb/footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

48.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $469 calculated at $44.00 (inclusive of GST) per metre of Jersey Road site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

49.     The top of footings of any structures constructed on the boundary alignment in Gainford Avenue must be at least 150mm below the alignment level as specified.  This condition has been attached to accommodate future footpath construction at this location.

 

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

 

50.     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.

 

51.     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.

 

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

 

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

 

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

 

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

 

53.     Generally all site stormwater shall be piped to a sediment/silt arrester pit that drains to an infiltration area with a minimum 5 m2 base area. An overflow pipe shall be provided from the silt arrestor pit to drain to Council's kerb and gutter or underground drainage system via a new or existing kerb inlet pit.

 

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

 

Notes:

 

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

 

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

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

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

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

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

 

b.  The infiltration/rubble pit shall:-

     

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

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

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

 

Note:  other equivalent methods of infiltration may be adopted.

 

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

 

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

 

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

 

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

 

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

 

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

 

 

54.     Landscaping at the site shall be installed substantially in accordance with the Landscape Plan & Documentation by Anthony Wyer Landscape Design, drawing A, job number 38-09, revision 2, dated 17/3/2010 and stamped 26 March 2010, prior to the PCA issuing a Final Occupation Certificate, and needs to be maintained in accordance with this plan.

 

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

 

Tree Removals

 

56.     Despite being shown for retention on the submitted plans, and consistent with conditions provided for the previous consent for this site (DA/512/2005), Council requires that the Eucalyptus sideroxylon (Ironbark), located in the northeast corner of the property be removed due to its existing poor condition, and the impacts that will arise from construction of the driveway and garage.

 

Pruning of Neighbouring Tree

 

57.     Permission is granted for the selective and minimal pruning of only those lower growing, lower order branches from the western aspect of the large Eucalyptus botryoides (Bangalay), located beyond the northeast corner of the subject site, in the front yard of the adjoining property to the east, 77 Jersey Road, close to the common boundary, where they need to be specifically pruned in order to avoid damage to the tree; or, interference with the approved works/scaffolding or similar.

 

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

 

59.     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.’

 

Street Tree Management

 

60.     The applicant shall submit a total payment of $214.50 (including GST) to cover the cost for Council to supply and install 2 x 25 litre street trees, Cupaniopsis anacardioides (Tuckeroo’s), spaced evenly along the length of the Gainford Avenue frontage at the completion of all works.

 

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

 

The applicant shall contact Council’s Landscape Development Officer on 9399-0613 (quoting the receipt number), and giving at least four working weeks notice, to arrange for planting of these street trees upon completion of all site works.

 

Protection of Council’s Street Trees

 

61.     In order to ensure retention of the two small, recently Hibiscus tiliaceus (Cottonwoods) located on Council’s Jersey Road nature strip, being one just to the east of the proposed vehicle crossing, beyond the eastern site boundary, in front of 77 Jersey Road, and then another to the west, towards the intersection of Gainford Avenue in good health, the following measures are to be undertaken:

 

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

 

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

 

c.       Both street trees must be physically protected by installing a total of four star pickets at a setback of 1.0 metre off both of their trunks, on all four sides, to which safety tape/para-webbing shall be permanently attached, so as to completely enclose each tree for the duration of works.

 

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

 

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

 

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

 

g.       Any roots encountered during the course of the approved works must be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

 

h.       A refundable deposit in the form of cash, credit card or cheque for an amount of $500.00 shall also be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of this street tree.

 

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

 

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

 

Protection of Neighbouring Tree

 

62.     In order to ensure retention of the large Eucalyptus botryoides (Bangalay), located in the front yard of the adjoining property to the east, 77 Jersey Road, close to the common boundary in good health, the following measures are to be undertaken:

 

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

 

b.       The PCA must ensure that a deep soil garden area measuring a minimum width of 1.4m is provided along the eastern boundary, between the front boundary and garage, with any surface treatment proposed along the eastern side setback needing to be porous/permeable in nature, such as stepping stones, decorative gravel or similar.

 

c.       All initial excavations associated with the northeast corner of the proposed garage, as well as services or similar, for a distance of 2.5 metres along both the northern and eastern axis of the garage, must be dug by hand, to a minimum depth of 600mm, where any roots encountered must be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

 

d.       Any new services, pipes, stormwater systems or similar that need to be installed around the northeast corner of the site, or along the eastern side setback, must be designed and installed to be as close as practically possible to the proposed dwelling in order to minimise root damage.

 

e.       In order to prevent soil, sediment, chemicals, cement or similar being washed towards this neighbouring tree, and over its root system, erosion control measures shall be provided along the eastern edge of the proposed internal driveway.

 

f.        The PCA must ensure that throughout the course of the works, there is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within a radius of 3 metres of its trunk, measured off its outside edge at ground level, with all Site Management Plans needing to recognise the fact that material storage cannot be located within this area.

 

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

 

ADVISORY 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 lodgment of your construction certificate.

 

A5      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

27 April 2010

 

 

 

Director City Planning Report No. CP26/10

 

 

Subject:                  Reporting variation to Development Standard under State Environment Planning Policy No. 1 (SEPP1) from 1 March to 15 April 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 March 2010 to 15 April 2010 eight (8) SEPP 1s were approved during this period with two of those under delegation by Council officer and six (6) 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 of SEPP1 Register

INCLUDED UNDER SEPARATE COVER

 

 

 


Ordinary Council

27 April 2010

 

 

 

Director City Planning Report No. CP27/10

 

 

Subject:                  Special Uses Discussion Paper

Folder No:                   F2007/00577

Author:                   Elena  Sliogeris, Environmental Planning Officer - Strategic Planning     

 

Executive Summary

 

This report seeks Council’s endorsement of the Special Uses Discussion Paper for public consultation. This paper is one of six land use discussion papers being prepared as part of Council’s Comprehensive Local Environmental Plan (LEP) and Development Control Plan (DCP) process.

 

For Randwick’s special uses lands, this paper recommends a translation of the current Special Uses zoning to the standard instrument equivalent zones of Special Purpose-Infrastructure zone and Special Purpose – Specialised Activity zone. In comparison to the Special Uses zone in Randwick LEP 1998 (Consolidation) which permits both multi-unit housing and dwelling houses with consent, the Special Purpose zones in the standard template allow only a limited range of uses as per the specific infrastructure or activity on-site.

 

For the majority of the sites currently zoned Special Uses there will not be a significant change. However, a proportion of sites currently zoned special uses which do not meet the State Government’s planning policy requirements of key infrastructure land or special activity areas, such as child care centres, schools, aged housing etc will be identified for a change in zone (to either the adjacent zone or a compatible land use zone).

 

This paper notes the requirements of SEPP 55 – Remediation of land need to be considered prior to any rezoning and also recommends that as a minimum, government school sites should retain a Special Purpose zoning as key community infrastructure.

 

Background

 

At the Planning Committee Meeting on 8 July 2008, Council resolved to formally commence preparation of a (draft) Comprehensive LEP for the Randwick local government area (LGA), consistent with the NSW Government’s Standard Instrument (Local Environmental Plans) Order 2006 and the Environmental Planning and Assessment Act 1979. This includes standard zones, clauses and definitions across all NSW councils.

 

The land use discussion papers on each land use type will guide the drafting of the Comprehensive LEP and DCP. Six land use discussion papers are being prepared on Industrial Lands, Town and Neighbourhood Centres, Special Uses, Open Space and Environment and Residential lands.

 

Each discussion paper reviews the current planning controls, future needs and trends, the directions from the State Government’s Metropolitan Strategy and takes into consideration any relevant local strategic plans and studies, such as the Randwick City Plan, Economic Activity Study and the Recreation Needs Study. Other issues such as heritage and environmental considerations are incorporated into each paper.

The aim of the discussion papers is to also inform the community of the proposed new zoning, planning controls and areas of change and seek community feedback which will inform the preparation of the draft Comprehensive LEP and DCP.

 

Comprehensive Local Environmental Plan and Development Control Plan

 

The development of the Comprehensive LEP/DCP is a legislative requirement under the Standard Instrument (Local Environmental Plans) Order 2006. The Department of Planning has advised Randwick City Council to have a comprehensive LEP/DCP for the Randwick LGA in 2011.

 

The Comprehensive LEP will be an entirely new stand alone plan which will repeal all existing and draft Randwick LEPs. The Comprehensive DCP will consolidate and stream line existing DCPs into a single plan. These plans are guided by the key directives of the Metropolitan Strategy (incorporating the draft East Subregional Strategy) and Council’s own strategic 20 year City Plan and key strategic studies. The Plans will, amongst other things:

-       plan for a housing target of 8,400 additional new dwellings by 2031 (as identified by the draft East Region Subregional Strategy), focused in and around existing town centres and accessible locations.

-       promote housing choice to accommodate a diverse population, including affordable and accessible housing.

-       plan for an employment target of 5,900 additional new jobs by 2031 (as identified by the draft East Region Subregional Strategy), focused in and around Port Botany, the University and Randwick Hospitals complex.

-       strengthen the role and hierarchy of our town centres, villages and neighbourhood centres.

-       protect the City’s special environment, open space and cultural assets.

-       promote sustainable development and incorporate actions for climate change and natural hazards.

-       review and update heritage controls to assist in preserving the local character of our suburbs.

-       provide guidance for achieving good urban design.

 

Special Uses Discussion Paper

 

Context

The Special Uses zone 5 in Randwick LEP 1998 (Consolidation) (RLEP) applies to more than 130 sites of variable size, scattered throughout the Randwick City LGA. While comprising in total only approximately 270 hectares (7.5% of Randwick’s total land area), these sites provide a wide variety of uses, such as education, places of worship, utility providers, infrastructure and justice which serve important community functions.

 

Sites zoned Special Uses in RLEP include the Randwick Hospitals complex, Long Bay Correctional Centre, bus depot, government high schools and primary schools and various church and community uses. The majority of these special uses are owned and controlled by Local, State or Federal Government, institutional facilities and public infrastructure (semi-government) and other non-government organisations.

 

The State Government has introduced a new approach to zoning special use lands to provide greater flexibility and management of public and some private lands for infrastructure. There is a move away from zoning public infrastructure land as ‘Special Use’ or ‘Special Purpose’ zones, which previously limited the ability of infrastructure providers to respond to changing demographic trends and service provision outside existing locations. The key aim of this direction is to provide greater flexibility by removing the need for future rezoning.

The Standard Instrument LEP, Infrastructure SEPP and associated guidelines require that only major infrastructure sites or specialised activity areas are to retain a Special Use or ‘Special Purpose’ zone. Such sites include cemeteries, correctional centres, waste disposal, sewerage treatment facility, land fill sites, major port, airports or specialised tourist-orientated areas.

 

Under RLEP, both multi-unit and dwelling houses are permissible with consent on Special Uses land. In comparison, the Special Purpose zones allow only a limited range of uses as per the specific infrastructure or activity on-site.

 

All other existing sites traditionally zoned Special Use, such as schools, churches and child care centres are to be rezoned according to the adjacent zone. An inventory of all sites zoned Special Uses including proposed new zoning is included in Appendix 2 of the Discussion Paper.

 

Guiding framework and directions

The key planning directives and considerations which the paper addresses include:

 

·      The Sydney Metropolitan Strategy and draft East Subregional Strategy - sets an additional 8,400 new dwellings to 2031 for Randwick LGA.

·      The State Infrastructure Strategy - identifies infrastructure upgrades for Randwick and informs the subregional strategy.

·      State Environmental Planning Policy (Infrastructure) 2007 - streamlines infrastructure development and sets the direction for future zoning of State land in new standard LEPs.

·      Department of Planning Practice Note – Zoning for Infrastructure in LEPs - provides planning direction to councils on zoning public and private infrastructure land in standard LEPs.

·      The Standard Instrument - provides three (3) new ‘Special Purpose’ zones including Zone SP1 – Special Activities; Zone SP2 – Infrastructure; and Zone SP3 - Tourist

·      The Randwick City Plan - sets the 20 year strategic direction for Randwick City and consists of five (5) broad interrelated themes A Sense of Community; Places for People; A Prospering City; Moving Around; and Looking After   Our Environment.

·      Environmental considerations – Acid sulphate soils, ground water, Malabar sewage treatment plant odour and the Eastern Suburbs Banksia Scrub can be found on sites zoned Special Uses. These environmental considerations need to be taken into for any future development on these sites. 

·      Remediation of land - Consideration of State Environmental Planning Policy 55 – Remediation of Land- will be a major determinant of the future rezoning of the ‘Special Uses’ zoned sites. Sites identified for a change in zone will require sufficient information to be provided to Council to consider the likelihood of contamination, prior to any rezoning. 

·      Heritage – This paper recommends that the former tramway at the UNSW/ Randwick campus be investigated for possible heritage listing. There are no other changes proposed to the heritage listing of existing sites zoned Special Uses.

 


Issues

 

The NSW Government directions to limit the application of the Special Purpose zones to key infrastructure land or special activities only and rezones all other uses to the adjacent zone, raises two key issues: 

 

·      SEPP 55 Remediation of land: Requires that prior to rezoning the potential contamination of land must be investigated to ensure that the land can be developed safely for the intended use in the new zone. The discussion paper notes that the land owner should confirm to Council that the site is suitable for its intended use prior to any change in the zone.

 

·      Continued availability of Government school sites: According to State Government planning policy, schools (both government and non-government primary and high schools) are no longer considered as a land use which warrants a special use or special purpose zoning (being already permissible in residential and business zones in RLEP) and are to be rezoned to the adjoining zone. This provides greater potential for these school sites (some of the largest parcels of land in the area) to be redeveloped, removing the need for future rezoning. This could lead to the closure of schools without Council or community input, which is a concern given the trend of declining numbers of government schools in Randwick and increasing population of school aged residents.

 

The paper thus recommends retaining a Special Purpose zone on all government schools in Randwick City. This could help to ensure that as a minimum, government schools are kept for their required purpose, as essential infrastructure for the community and that any proposed re-use/re sale would require a rezoning.

 

Recommendations for drafting the comprehensive LEP and DCP

 

In summary, the key recommendations of the discussion paper are:

 

Comprehensive LEP

·      Existing Special Uses sites identified as key infrastructure land and/ or as an area of specialised activity in accordance with State Government planning direction will be rezoned to either:

-     SP1 Special Activities: this applies to the Long Bay Correctional centre; Cemeteries including St Jude’s Historic Precinct and Yarra Bay House (Aboriginal Community Facility);

-     SP2 Infrastructure: this applies to Bundock Street Defence Site; Fire stations; Council town hall; Council works depot in Storey St; classified state roads; educational establishments (tertiary institutions and government schools); and key utility infrastructure sites including, Malabar sewage treatment plant, Water treatment facility, Electricity distribution infrastructure and Telecommunications facility;

 

·      All other existing Special Uses sites including non-government schools, reserves, churches and church properties, child care centres, community facilities, aged housing and others are to be potentially rezoned to either the adjacent zone or a compatible zone to reflect the land use, subject to the requirements of SEPP 55; 

 

·      To undertake further heritage assessment of the former Randwick Tramways Workshop site at UNSW Randwick campus for possible heritage listing; and

·      To reclassify Council owned lands from ‘community’ to ‘operational’ at:

-     18 Silver St, Randwick (Council car park, the reclassification of the land will be consistent with all Council public car parks);

-     7R Milford St, Randwick (vacant sliver of land adjoining Our Lady of the Sacred Heart) and 27R Burke St, Chifley (vacant land within Chifley Public School).

 

Comprehensive DCP

·      To investigate provisions of additional development and design controls for non-residential development (eg. child care centres, schools) which would be zoned to residential areas.

 

Consultation

Consultation has begun with the community on the preparation of the draft comprehensive LEP and DCP including discussion papers through Council’s website and information sheets. Councillors were also briefed on the comprehensive LEP and DCP process and on the proposed Special Uses discussion paper.

 

Key stakeholders including property owners and operators of sites zoned Special Uses in Randwick LEP were contacted in 2007/08 to seek feedback on the suitability of the current zone in relation to their land holdings and in indentifying future development opportunities and constraints. Consultation with Government agencies and neighbouring councils has also commenced in accordance with s62 of the EP&A Act for the comprehensive LEP.

 

The Special Uses discussion paper will be exhibited for a period of 2 months to seek feedback from land owners and the wider community on the directives and key recommendations contained in the paper, and as a basis for preparing a new comprehensive LEP and DCP for the City. Once drafted the comprehensive LEP and DCP will be reported back to Council before public exhibition and for further feedback.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6:       A liveable City.

Direction 6d:      A strategic land use framework that provides for our lifestyle changes and for a continuing, yet low rate of growth across the City.

 

Financial impact statement

 

The discussion paper was prepared in-house by Council staff.

 

Conclusion

 

The Special Uses discussion paper is an important step in the preparation of Council’s comprehensive LEP and DCP. The discussion paper provides a review of land zoned Special Uses in RLEP, applicable planning controls, State and Local Government planning directions and key implications. The discussion paper also makes recommendations for the drafting of the new comprehensive LEP and seeks community participation on the preparation of a new comprehensive LEP and DCP for the City.

 

Recommendation

 

That:

 

a)     Council endorse the Randwick City Special Uses Discussion Paper (2010) for public consultation and as a basis for drafting the Comprehensive LEP and DCP; and

 

b)     Council agree that the Director City Planning may make minor modifications to rectify any numerical, typographical, interpretation and formatting errors, as required in preparing the paper for public consultation.

 

Attachment/s:

 

1.

Special Uses Discussion Paper

INCLUDED UNDER SEPARATE COVER

 

 

 


Ordinary Council

27 April 2010

 

 

 

Director City Planning Report No. CP28/10

 

 

Subject:                  Randwick Landscape Elements/ Retaining Walls and Stairs

Folder No:                   F2008/00371

Author:                   Lorraine Simpson, Environmental Planning Officer - Heritage     

 

Executive Summary

 

Randwick City’s physical environment comprises a unique and complex pattern of natural and man-made elements.  Some of the most identifiable features of our City are the result of the adaptation of buildings and infrastructure to dramatic coastal topography, and of the powerful influence of the sandstone and the sand on which our City is built.  Such elements in our landscape include sandstone and brick retaining walls, stairs, embankments and road cuttings. 

 

As input to Council’s Comprehensive LEP and to guide development application assessment, Council commissioned an investigation of the heritage significance of the retaining walls and other landscape elements to determine their heritage value. 

 

The Randwick Landscape Elements Heritage Assessment and Policies Report (the Study) prepared by Godden Mackay Logan recommends that Council endorse the Study for public exhibition and community consultation.  The Study recognised 16 landscape elements, as contributing to the heritage significance of Randwick City, all in residential areas and on Council land.

 

A Councillor briefing was presented in May 2009 covering heritage issues related to the Comprehensive LEP and DCP, including the Landscape Study.  Further documentation and mapping has since been prepared of private properties adjacent to the identified retaining walls. 

 

Background

 

There has been considerable community interest in the protection of Randwick City’s sandstone retaining walls, including a petition signed by 27 residents requesting that the Garnet Street embankment and dry stone wall be declared a public reserve, and in the development application affecting the retaining wall in Arden Street, Coogee. 

 

Stage 1 of the Randwick Heritage and Visual Character Study, carried out by Godden Mackay Logan Heritage Consultants, in association with UDAS (the Urban Design Advisory Service of the Department of Urban Affairs and Planning) was completed in June 2001.  The Stage 1 study encompassed built heritage, heritage landscape and visual character values.

 

Stage 1 of the study identified potential heritage conservation areas and potential landscape heritage items, as well as visual character areas and special character elements, and included public domain management and LEP and DCP recommendations. 

 

Stage 2 of the study, the Conservation Areas Report, which was completed in July 2003, provided detailed research and investigation of potential heritage conservation areas to determine whether they had sufficient heritage significance for statutory protection.  This provided the basis for heritage consultations during 2005 on potential conservation areas.  However, Council did not proceed with these proposals. 

 

Also extending the research of Stage 1, the Randwick Landscape Elements Heritage Assessment and Policies Report (February 2009) further investigates the heritage significance of the retaining walls and other landscape elements which were identified in the Stage 1 Study as potential landscape items. 

 

Discussion

 

Study Content

The Study includes Historical Background relating to the construction of the retaining walls, a Discussion of Significance of the landscape elements collectively, Heritage Issues relating to their management, and provides General Policies and Recommendations for Significant Landscape Elements.  In addition, detailed Heritage Data Forms have been provided for each of the retaining walls.  The Data Forms include Statements of Significance, Physical Descriptions, Historical Notes, Recommendations, mapping and photographic recordings. 

 

Heritage significance

The Study notes the historic and aesthetic significance of these retaining walls and stairs.  In terms of historic significance the landscape elements are evidence of Council’s approach to facilitating suburban development of challenging coastal topography, a significant factor in interpreting the historical development of Randwick City.  The sandstone retaining walls have historic associations with the stone quarries which were operated by or leased from Council throughout the municipality, with quarrying being a prominent industry from the 1880s until the 1970s.  The aesthetic value and streetscape contribution of the retaining walls and stairs is derived from the combination of scale, form, materials and details through which they modify the landform.  Collectively, the retaining walls contribute significantly to the early twentieth century character of much of the listed heritage of Randwick. 

 

Identification of retaining walls and stairs

The majority of the landscape elements which were investigated were identified in Stage 1 of the Randwick Heritage and Visual Character Study, although a number of additional landscape elements were identified by Council and by GML during Stage 2 fieldwork.  Of the landscape elements assessed, the Study concluded that only 16 contributed to the heritage significance of Randwick City and could be considered for individual listing as heritage items.  5 elements are identified in Randwick, 2 in Clovelly, 3 in Coogee, 2 in South Coogee, 3 in Maroubra and 1 in Malabar.  See Landscape Elements Identification Sheet at Attachment 1, Landscape Elements Maps at Attachment 2, and Randwick Landscape Elements Heritage Assessment and Policies at Attachment 3. 

 

The Study notes however that a number of other landscape elements throughout Randwick City which have not been individually identified contribute collectively to built character and should be retained and conserved to the greatest extent possible, as their contribution can be threatened by limited or poor maintenance. 

 

Options for recognition and protection

The Stage 1 Study noted that the retaining walls and stairs were on Council land and considered that special management controls covering Councils activities would be sufficient for the protection of these characteristic responses to topography.  More recently however, Council has received several development applications for access to private properties potentially resulting in considerable impact on these public domain elements, and it is now considered that a greater level of protection for the retaining walls and stairs is warranted.  Options include:

 

Protection through Randwick Comprehensive LEP and DCP

The Study recommends that significant individual retaining walls and stairs be retained and conserved, and considered for listing as heritage items in the LEP.  The significance of retaining walls to the visual character of a local area has been recognised by both Mosman and North Sydney Councils through individual LEP heritage listings of significant elements and inclusion of specific DCP policies to recognise their significance.  On this basis the Study recommends that the LEP individually lists the significant retaining walls and that the DCP includes guidelines that recognise their significance, and address the impact of development on their heritage values.  Individual listing of the items would ensure that any proposed works to the items or on adjacent properties would need to respect and retain those qualities that make the items significant.  If heritage listing in the LEP is proposed an interim management policy should be implemented to ensure that the significant retaining walls and stairs are protected until the LEP comes into effect. 

 

It is noted that there are several comparable landscape elements located within existing heritage conservation areas which receive heritage protection in this way. 

 

Protection through Randwick Comprehensive DCP

The Study recommends that the Randwick DCP include policies that recognise the significance of these retaining walls and stairs to ensure that impact on significance is considered in the assessment of development applications.  A DCP could ensure that the integrity of those retaining walls and stairs that do not warrant individual heritage listing would be considered in the assessment of development applications, as well as impacts on the context of the significant items.  The Study recommends that DCP policies be implemented in conjunction with LEP listing, with the DCP providing more detailed guidance to supplement those contained in the LEP. 

 

Protection through a management guideline or works procedure

The Study suggests as an alternative to individual heritage listing, that a management guideline or works procedure be prepared to ensure that heritage significance and physical condition would be appropriately assessed before the implementation of works. 

 

The Study recommends that new surface mounting of service conduits or other fixings on retaining walls should be minimised.  These installations include water and gas supply pipes, drainage pipes, and electricity and telecommunications conduits.  While a number of these public utility installations may not require consent, awareness on the part of Council and the public of the potential impacts of such installations should minimise their proliferation. 

 

The Study recommends also that Council appropriately manage private works to significant items and prepare guidelines to appropriately manage minor works.  Such private works can include installation of pipework and conduits for services and infrastructure.  It is intended that such minor works, if appropriately implemented, would be able to be carried out without the need to seek development consent. 

 

Public awareness

The Study suggests that in conjunction with any of the above options, public awareness of the importance of significant retaining walls and associated landscape elements should be promoted as a means of ensuring their future.  The Study recommends that Council compile information to inform the community of the importance of significant retaining walls and associated elements and to encourage appropriate treatment and management.  The material would also be a useful tool for architects and planners preparing development proposals. 

 

 

 

Implications of recognition and protection

 

Implications for private property owners

The retaining walls and stairways which have been identified are all located on Council land in the area the between the front property boundary and the roadway.  They do not form the front boundary of any property and are therefore not on private land.  Access to private properties through Council’s retaining walls and/or across Council’s footpaths is in some cases granted by Council as land owner. 

 

The Study notes that the provision of vehicular access to private below-ground or partly below-ground garaging has a range of physical and aesthetic impacts.  Vehicular access generally involves removal of a section of significant fabric (wall, footpath, handrails, vegetation etc.), construction of new ‘apron’ retaining walls and modification of pedestrian access.  On this basis the Study recommends that no new openings should be made in significant retaining walls to accommodate vehicular access. 

 

A survey of all the identified retaining walls has been carried out to determine the extent of any potential conflict between possible driveway access to individual properties and protecting the retaining walls. 

 

Retaining walls are constructed in areas of sloping topography because the roadway is at a different level to the ground levels of the properties adjacent to it.  Most commonly, the roadway is at a lower level than the properties, but often a cross fall means that properties on one side of the street are set well above street level and properties on the other side of the street are set well below street level.  Such differences in level can create physical difficulties in providing access to properties which are additional to aesthetic and heritage impacts, including the following:

 

·      Need to raise the footpath where there is insufficient height under it, introducing steps and reducing its useability for pedestrians. 

·      Need to lower or relocate the footpath where it is below the level of the roadway and the vehicular access will be in the form of a bridge over the footpath. 

·      Excavation is into rock where the landscape element is a rock cutting, rather than a retaining wall. 

·      Excavation under the dwelling where the existing dwelling has insufficient setback to provide a garage between the front wall and the front boundary. 

·      Street tree removal.

 

The survey has identified that 82 of the 113 private properties which are adjacent to Council’s retaining walls (72%) already have alternative vehicular access from a side street or rear laneway, or do not have a road frontage which is trafficable.  Of the remaining 31 properties which do not have alternative vehicular access, all have one or a number of constraints to providing vehicular access to the site, including the need to alter the footpath level, the need to remove significant street trees, having insufficient space on the site to accommodate a car, or requiring excavation into rock.  The remaining 36 properties are related to 5 of the 16 landscape elements.  (See Adjacent property impacts summary at Attachment 4)

 

Arden Street retaining walls

In relation to the symmetrical Arden Street sandstone retaining walls, the Study has recommended that the retaining walls on both the eastern and western sides of the street be protected.  It is noted however that development applications have been approved by Council for multi-unit housing developments at nos.155 – 157 Arden Street, Coogee (DA/611/2006, approved in April 2007 and DA/58/2008, approved under Section 82A Review in July 2009).  Each of these applications involved provision of access to a basement carpark through the retaining wall on the eastern side of Arden Street.  As part of its consideration of the 2006 development application for the site, Council resolved on 27 February 2007, as follows:

 

That a draft LEP not be commenced with the intent of adding the Arden Street retaining walls to Council’s Local Environmental plan (LEP) as listed heritage items.

 

Given the development applications which have been approved, as well as this Council resolution, it is suggested that only the sandstone retaining wall on the western side of Arden Street be proposed for LEP/DCP recognition. 

 

The development consent for nos.155 – 157 Arden Street (DA/58/2008) included a deferred commencement condition requiring detailed drawings of the reconstructed retaining wall.  These drawings and specifications have been submitted covering the new sandstone retaining wall, new stair and new handrails to ensure that impacts of the proposed vehicular entrance on the overall integrity of the landscape feature are reduced.  These deferred commencement conditions have now been satisfied and the consent is operative. 

 

Garnet Street retaining wall and embankment

A development application for no.7 Denning Street (DA) included a proposal for access to the below ground carparking from Garnet Street was refused by Council in February 2008.  The applicant appealed against Council’s refusal in the Land and Environment Court.  In the judgment delivered in June 2008, Hussey C concluded that the proposal for a garage entry off Garnet Street, requiring extensive excavation of the public footpath area and demolition of part of the stone retaining wall, would form a cavity-like entrance having significant adverse impacts on the vegetated footpath area and the retaining wall, which would be visually obtrusive and detract from the streetscape. 

 

Implications for Council

The Study recommends that significant retaining walls and other landscape elements throughout the City should be retained and conserved to the greatest extent possible including undertaking of urgent maintenance works and cyclical maintenance programs, by suitably experienced tradespeople using matching materials and techniques. 

 

The Study further recommends that Council implement the specific recommendations for the individual retaining walls.  These recommendations can include remedial works, repointing with soft mortar to avoid erosion of sandstone caused by use of hard mortar, resetting of capping stones to ensure the protection and stability of the wall, removal of vegetation which is damaging the masonry, replacement of worn, cracked or patched stairs, maintenance of handrails and provision of matching handrails.  The Study recommends that new plantings associated with the retaining walls should be consistent with Council’s Street Tree Master Plan and be of a type that will not cause physical damage by excessive root growth etc.  Such maintenance works contribute to ongoing public safety and the maximum longevity of the asset. 

 

Discussions have taken place with City Services in relation to current and future management of these important assets.  The mapping which has been prepared as part of the Study can be incorporated into Council’s GIS providing accurate records of the location and extent of each of the assets.  Similarly the physical description and physical condition records and photographic documentation can be incorporated into Council’s Asset Register. 

 

A cyclical maintenance program would need to be developed for the landscape elements commencing with a visual inspection every six months to form the basis of necessary repair works.  Intervals for regular maintenance works such as repainting of handrails and weed removal would be determined based on Council experience with comparable past maintenance works in the area.  Appropriate training of Council maintenance staff will ensure that maintenance can be carried out “in-house” which is appropriate to the construction, materials and finish of individual elements. 

 

Analysis

In relation to the options for protection of the retaining walls, it is noted that LEP listing provides a higher level of protection and greater weight as a matter for consideration in the assessment of any development application, as compared to identification in a DCP only. 

 

LEP listing should be supplemented by DCP guidelines.  The DCP could also ensure that the integrity of those retaining walls and stairs that do not warrant individual heritage listing would be considered in the assessment of development applications, as well as impacts on the context of the significant items. 

 

While a management guideline or works procedure has been suggested as an alternative to LEP listing and DCP, it is considered that such a guideline or procedure while appropriate to Council proposals, would have less effectiveness in relation to private works. 

 

The establishment of a cyclical maintenance program and guidelines will allow suitable repairs and cyclical maintenance to be carried out without the need for development consent.  Similarly appropriate policies can be established for associated works such as handrail replacement.  The development application process would allow the full consideration of the heritage and cost implications of various options where major repair or replacement of a landscape element was necessary. 

 

Community consultation

Community consultations are proposed, to seek community feedback on the above-mentioned options in the study for the potential heritage recognition and protection of the identified elements.  As part of the consultation and exhibition process, there will be:

 

·      Exhibition of the study and related material for 6 – 8 weeks

·      advertisements in the Southern Courier

·      a media release

·      a fact sheet

·      Mayor’s column information

·      the distribution of the fact sheet and information to individual residents in streets that contain landscape elements, precinct groups and other interest groups.

·      development of website information, and

·      notification to all precincts

 

If as a result of the community consultations the Council determines to proceed with a form of protection for these items through the LEP and/or DCP then there will be further consultations associated with the draft comprehensive LEP and DCP and/or guidelines. 

 

Conclusion

 

Recognition of the identified elements via LEP, DCP and a maintenance program and guidelines would appear to be warranted.  It is important to now gauge the community’s opinion on the identified elements in general and individually, to then inform Council as to the likely support for and suitability of future recognition and protection under Council’s Local LEP, DCP or other provisions. 

 

Recommendation

 

That Council note and endorse the Randwick Landscape Elements Study and related material for public exhibition and consultation, including notification to adjacent property owners. 

 

Attachment/s:

 

1.View

Significant Landscape Elements- Identification Sheet

 

 

2.View

Significant Landscape Elements: Maps

 

 

3.

Randwick Landscape Elements Heritage Assessment and Policies.  Godden Mackay Logan

 

INCLUDED UNDER SEPARATE COVER

4.View

Significant Landscape Elements: Property Impacts Summary

 

 

5.

Significant Landscape Elements: Adjacent property schedule. Properties and access issues/constraints

 

 

 

 

 


Significant Landscape Elements- Identification Sheet

Attachment 1

 

 



Significant Landscape Elements: Maps

Attachment 2

 

 

















Significant Landscape Elements: Property Impacts Summary

Attachment 3

 

 


Significant Landscape Elements: Adjacent property schedule. Properties and access issues/constraints

Attachment 4

 

 


































Ordinary Council

27 April 2010

 

 

 

Director City Planning Report No. CP29/10

 

 

Subject:                  Reconcilliation Week 2010

Folder No:                   F2004/06272

Author:                   Shane Lowe, Coordinator Community Programs and Partnerships     

 

Introduction

 

National Reconciliation Week will be held between 27 May and 3 June, 2010.  It aims to raise awareness and knowledge of Aboriginal history and culture through participation activities that advance the reconciliation process and build better relationships with indigenous Australians.

 

The date for National Reconciliation Week is significant with 27 May being the Anniversary of the 1967 Referendum in which 90% of Australians voted to remove clauses in the Australian Constitution which discriminated against indigenous Australians. 3 June marks the date the High Court of Australia handed down its decision in the 1992 Mabo case.

 

National Reconciliation Week was first held in 1996 as an initiative of the former Council for Aboriginal Reconciliation. In December 2000 the Council for Aboriginal Reconciliation completed its report to the Federal Parliament and Reconciliation Australia was established to maintain a national leadership focus for reconciliation.

 

Issues

 

With the support of Councils Aboriginal Advisory Committee and the La Perouse Aboriginal Lands Council, Council will arrange a bus trip to Cook’s Landing at Kurnell to celebrate Reconciliation Week 2010. Kamay Botany Bay National Park at Kurnell has had significant site work installed that celebrates and acknowledges the original custodians of the land.  The Bidjigal people are acknowledged as being the custodians of the area.

 

The activity, which will invite local non indigenous and indigenous residents (maximum of 40) to attend, will include transport by bus to and from Kurnell, a light lunch on site and a guided one hour walk and talk by two qualified Aboriginal guides employed by National Parks and Wildlife Services.

 

The guide provides a range of historical facts, bush tucker information and highlights some important historical sites during the walk. There is a recorded audio system telling the participants about Aboriginal life and culture and some of the recordings are by local elders from La Perouse. It is expected that attendees will come away with a renewed understanding of the life and culture of Aboriginal people prior to Cook’s arrival and during the past 200 years.

 

Aboriginal Elders from La Perouse will also attend and some will be visiting the site for the first time.

 

 

 

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5: Excellence in recreation and lifestyle opportunities.

Direction 5b: A range of cultural, sporting and leisure activities.

Financial impact statement

 

 

The Financial impact to Council for the above activities is $1,380 which has been allocated in the 2009-10 Community Programs and Partnerships budget.

 

Conclusion

 

The tour to Cook’s Landing will enhance the communities understanding of the history of Australia and the experiences of Aboriginal people. This activity will promote a greater understanding of a united Australia based on the principles of social justice and equity for all.

 

Recommendation

 

That Council supports the proposed activity to celebrate Reconciliation 2010.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

27 April 2010

 

 

 

Director City Planning Report No. CP30/10

 

 

Subject:                  Proposed Coogee Town Centre Urban Design and Streetscape Study

Folder No:                   F2005/00602

Author:                   Ross Anthony, Environmental Planning Officer     

 

Introduction

 

At the Planning Committee Meeting on 13 April 2010 Council adopted the following resolution (Notley-Smith/Matson):

 

a)     Council resolves to fund and prepare without delay a comprehensive heritage urban design and streetscape study of the Coogee Town Centre, extending to include the built areas forming the backdrop to the beach and Goldstein Reserve.  Further, that in order to guide the study, Council establishes a working group consisting of Council representatives, the Coogee Precinct Committee, the Coogee Chamber of Commerce and any other members of the community Council considers can make a contribution.

 

b)     a report on this matter be tabled at the next Council meeting.

 

c)     the study must adhere to the existing 12 metre height limits contained within the LEP and all other controls within the LEP.

 

This report outlines the process for establishing a community working group to assist in preparing an urban design review and streetscape study (the study) for the Coogee Town Centre. The process is based on the working group and urban design review currently being undertaken for the Maroubra Beach Commercial Centre.

 

Issues

 

Existing local planning controls

 

The Coogee town centre, focused on Arden St and Coogee Bay Road, extends north to Beach and Bream Streets, south to Waltham St and west along Coogee Bay Road to midway between Brook and Mount Streets. It is zoned under RLEP 1998 (Consolidation) as 3A General Business with a small area zoned 2C Residential.  The General Business zone in this location has a 12 m height limit and a maximum FSR of 1.5:1.

 

The zones and controls need to be ‘converted’ into new standard zones and planning controls in the new Comprehensive LEP (with background to be provided in the town centre discussion paper).

 

There is no site specific development control plan for the centre, or for the Coogee Bay Hotel site, however a number of DCPs are considered in the development assessment process, including:

§  Backpacker Accommodation                                      

§  Footpath Trading & Dining                                        

§  Multi-Unit Housing                                                   

§  Outdoor Advertising                                                 

§  Parking                                                                 

§  DCP 21: Amusement Centres                                     

§  Telecommunications and Radiocommunications             

§  Exempt and Complying Development

 

The proposed Study

The Study area for this project is recommended to include all properties currently zoned 3A General Business and include the adjacent properties on Alfreda Street and Carr Street zoned 2C Residential which complete the respective blocks (see attached map). The Study would also take into consideration issues and impacts to and from the study area, including views and vistas, adjacent open space, heritage and other related aspects of the surrounding residential area.

 

Heritage items and controls across the City are currently under review as part of the Comprehensive LEP and can be brought forward for the Coogee Town Centre as part of this Study.

 

In relation to the Urban Design and Streetscape elements of the review, it is expected that the Study would provide accurate information on the town centre’s current built form (including height, FSR) and identify any significant existing character, potential heritage items or buildings or areas that contribute to the character. Streetscape character will be reviewed focusing on existing and potential landscape elements and pedestrian amenity.

 

The Coogee Bay Flood Study will also shortly commence (the consultants brief is currently being finalised) taking 14 – 18 months to complete, given the extensive data modelling and consultation required. The Study may identify additional factors or restrictions on development that should be incorporated into any new town centre controls. Depending on the outcomes of the flood study, this Study may then require a further review.

 

The proposed Working Group

It is proposed to undertake a similar process to the Maroubra Beach review. The Maroubra Beach Renewal Working Group was formed in 2009 and 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 over a  4 month period and the feedback from this group is currently being incorporated into draft development controls being prepared by consultants Allen Jack + Cottier (as per Council resolution 9 March 2010). This is estimated to take further 4 months to complete.

 

The Working Group provided a forum for members to:

 

•        present views, issues and comments

•        work with others to recommend ways to manage future development in the Coogee Town Centre that balances the interests of all parties

•        contribute to the Study and the recommendations of the working group.

 

The Working Group was not a decision-making body, however the views and issues identified are taken into account in the drafting of development controls and by Council.

 

To ensure a fair, balanced and manageable process, it is recommended that the Coogee Working Group follow a similar yet streamlined process and also be chaired by an independent facilitator. Membership should reflect that for the Maroubra Beach group and thus include:

 

§  Major property owners/businesses (2)

§  Coogee Precinct representatives (3)

§  Local residents (3)

§  Small business owners/operators (3)

§  Chamber of Commerce (1)

§  Council officers (to provide information only and not participate)

 

The Ward Councillors and Mayor may also attend the meetings.

 

The major property owners in the area may include the Coogee Bay Hotel, the Crown Plaza Hotel, the Palace Hotel and the Woolworths Shopping Centre.

 

An advertisement will be placed in the local paper to seek the relevant representatives from local residents, small businesses & property owners.

 

The Working Group should be balanced in terms of business and resident representatives, and for a manageable process, the ideal size should be 12 people or to a maximum of 16 people on the Working Group.

 

As occurred for Maroubra Beach, it is expected that the working group would initially meet three times then the independent facilitator will provide a report to Council summarising the outcomes of the working group meetings. Further meetings would then be held following the preparation of the Study. This is expected to take a minimum of 4 months to complete to ensure adequate resourcing and staffing.

 

Proposed Consultants

Elton Consulting and Allen Jack + Cottier were both engaged to successfully undertake the work required for Maroubra Beach planning/design review and facilitate the working group and therefore it is recommended that briefs be prepared and quotes sought for their involvement with the Coogee review and Working Group.  The consultants have been contacted and have tentatively indicated they can undertake the work.

 

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 cost of consultants to facilitate the working group and consultation process has been identified in the 2010/11 budget, but for the project to commence immediately, $100,000 has been borrowed internally from the Infrastructure Reserve in the March budget review (to be reported to Council in May).  It is proposed that the interally borrowed $100,000 be repaid to the Infrastructure Reserve from the 2010/11 Budget.

 

Final costs will be subject to the preparation of briefs and the submission of quotes by the consultants.

 

Conclusion

 

An urban design and streetscape study will provide the basis for recognising existing character and heritage values for guiding future development in Coogee Town Centre.

 

The working group established for Maroubra Beach is a successful model for the establishment of a community forum to raise issues, ideas and recommendations to guide future planning controls and this should be applied to the proposed Coogee working group. The involvement of independent consultants to chair the working group and to undertake the design and analysis work provides a transparent framework for the recommendations of the study.  

 

 

Recommendation

 

That:

 

a)     Council agree to establish the Coogee Working Group based on the model used for the Maroubra Beach Working Group.

 

b)     Council note the proposed study area for the Urban Design and Streetscape Study.

 

c)     Council note the proposed consultants and seek quotes from Elton’s Consulting and Allen Jack + Cottier to facilitate the Coogee Working Group and to undertake the Urban Design and Streetscape Study for the Coogee Town Centre, subject to suitable quotations.

 

Attachment/s:

 

1.View

Coogee Town Centre Map

 

 

 

 


Coogee Town Centre Map

Attachment 1

 

 

 

 

 


 


Ordinary Council

27 April 2010

 

 

 

General Manager's Report No. GM9/10

 

 

Subject:                  Affixing of the Council Seal

Folder No:                   F2004/07367

Author:                   Sharon Plunkett, Property Coordinator     

 

Introduction

 

Clause 400 (Part 13) of the Local Government (General) Regulation 2005 requires that the Seal of the Council must not be affixed to a document unless the document relates to business of the Council and the Council has resolved (by resolution referring to the document) that the Seal be so affixed.

 

Issues

 

It is necessary for the Council’s Seal to be affixed to the signing of agreements between Council and KU Children’s Services in relation to a licence for the Peter Pan Kindergarten, 30 Canara Avenue, Phillip Bay.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6:       A Liveable City.

Direction 6a:      Our public assets are planned, managed and funded to meet the community expectations and defined levels of service.

 

Financial impact statement

 

In signing of these agreements, Council will receive the following income:

 

A licence agreement with KU Children’s Services will generate an annual income of $9,048.55 + GST.

 

Conclusion

 

As Clause 400 (part 13) of the Local Government (General) Regulation requires that the Council pass a resolution authorising the Affixing of the Seal, it is necessary for this action to take place to facilitate legal formalities.

 

Recommendation

 

That the Council’s Seal be affixed to the signing of agreements between Council and KU Children’s Services in relation to a licence for the Peter Pan Kindergarten, 30 Canara Avenue, Phillip Bay.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

27 April 2010

 

 

 

General Manager's Report No. GM10/10

 

 

Subject:                  Draft Randwick City Council Management Plan 2009-13 and 2010-11 Annual Operational Plan

Folder No:                   F2009/00517

Author:                   Anne Warner, Coordinator Integrated Planning     

 

Background

 

Integrated planning and reporting legislation for local government in NSW was introduced in 2009. The Local Government Amendment (Planning and Reporting) Act 2009 replaces the former Management Plan and Social Plan with an integrated framework. It also includes a new requirement to prepare a long-term Community Strategic Plan and Resourcing Strategy.

 

Following the adoption of the Randwick City Plan, first published in 2006, Council has been operating under and refining an integrated planning framework for the delivery of the Plan, and is therefore well placed to implement the requirements.

 

Figure 1: Planning framework at Randwick City Council

 

 

 

As adopted by Randwick City Council on 24 November 2009, Council has self-nominated to be a Group 1 council to implement the legislation, which requires that a Community Strategic Plan and Delivery Program be adopted by 30 June 2010. 

 

Council adopted its first Randwick City Plan (Community Strategic Plan) in June 2006 and an update of the Plan in March 2010.

 

Council’s Draft Management Plan comprises a fixed four-year Delivery Program (2009-13), which was established in the year following the last council election, and a subsequent one year Annual Operational Plan. This year sets out the second Annual Operational Plan, 2010-11, as derived from the four-year Delivery Program.

 

Figure 2: Hierarchy of Management Plan actions

 

Randwick City Council Management Plan

Four-year Delivery Program 2009-13 (fixed)

One-year Annual Operational Plan 2010-11

 

The Local Government Amendment (Planning and Reporting) Act 2009 specifies in more detail the information that is to be included in the Draft 2009-13 Randwick City Council Management Plan / 2010-11 Annual Operational Plan:

 

s404 Delivery program

 (1) A council must have a program (its delivery program) detailing the principal activities to be undertaken by the council to implement the strategies established by the community strategic plan within the resources available under the resourcing strategy.

 

(2) The delivery program must include a method of assessment to determine the effectiveness of each principal activity detailed in the delivery program in implementing the strategies and achieving the strategic objectives at which the principal activities directed.

 

(3) The council must establish a new delivery program after each ordinary election of councillors to cover the principal activities of the council for the 4-year period commencing on 1 July following the election.

 

(4) A draft delivery program must be placed on public exhibition for a period of at least 28 days and submissions received by the council must be considered by the council before the delivery program is adopted by the council.

 

(5) The general manager must ensure that regular progress reports are provided to the council reporting as to its progress with respect to the principal activities detailed in its delivery program. Progress reports must be provided at least every 6 months.

 

s405 Operational plan

(1) A council must have a plan (its operational plan) that is adopted before the beginning of each year and details the activities to be engaged in by the council during the year as part of the delivery program covering that year.

 

(2) An operational plan must include a statement of the council’s revenue policy for the year covered by the operational plan. The statement of revenue policy must include the statements and particulars required by the regulations.

 

(3) A council must prepare a draft operational plan and give public notice of the draft indicating that submissions may be made to the council at any time during the period (not less than 28 days) that the draft is to be on public exhibition. The council must publicly exhibit the draft operational plan in accordance with the notice.

 

(4) During the period of public exhibition, the council must have for inspection at its office (and at such other places as it may determine) a map that shows those parts of its area to which each category and sub-category of the ordinary rate and each special rate included in the draft operational plan applies.

 

(5) In deciding on the final operational plan to be adopted, a council must consider any submissions that have been made concerning the draft plan.

 

(6) The council must post a copy of its operational plan on the council’s website within 28 days after the plan is adopted.

 

Issues

 

Provided under separate cover is the Draft 2009-13 Randwick City Council Management Plan/2010-11 Annual Operational Plan, including the five-year projections, a detailed draft estimate of income and expenditure and a copy of the draft statement of fees, charges and pricing policy.

 

Minor modifications to the four-year Delivery Program (2009-13) have been made in keeping with the recent update of the Randwick City Plan. Such changes include removal of references to the Cities for Climate Protection program (as this has now been completed); introduction of 7a.3 – Monitor and review our City’s heritage planning provisions to ensure suitable conservation and adaptive re-use; and in 2c.1 - providing support for resident precinct committees and local chambers of commerce, also adding combined service clubs.

 

All the actions in the delivery program and operational plan are further detailed in departmental plans, project plans, service standards and individual work plans. The delivery program and the operational plan are supported by the integrated planning software – Performance Planning – that includes a clear assignment of responsibility, timeframe of projects and key performance indicators for services. The level of detail held in the software whilst not published in our plans, is used to ensure accountability through quarterly reporting.

 

Section 1 of the Draft Plan explains how our planning process works and how it is translated into action, as well as giving a snapshot of the Randwick area and the workings of the Council. Section 2 shows how our four-year delivery program links to the directions and outcomes in the City Plan, and how our one-year operational actions are developed to further the aims of that plan. Section 3 contains all of the statutory information required in the Local Government Act, including financial estimates for the next five years.

 

Towards the end of 2009, Council engaged the City’s 12 precinct committees in a series of conversations about their funding priorities. The priorities identified through these and other consultation activities were incorporated into our planning and budget deliberations for 2010-11.

 

The budget has been compiled in accordance with the Council’s Asset Managements Plans, Workforce Resourcing Strategy, Long Term Financial Plan and other short and medium term plans. The proposed Budget for 2010-11 is balanced and sustainable. It is proposed that there will be a net operating surplus and increased spending on core works and activities.

 

In accordance with the NSW Department of Local Government Code of Accounting Practice and Financial Reporting (June 2009), the allocation of overheads to functions and activities have been adhered to. Furthermore, expenses that are directly attributable to each function have been allocated.

 

The documents attached to this report provide detailed information and projections of the source and application of funds, operating result from ordinary activities, and the estimated balances of financial reserves.  The following charts summarise the sources of revenue and the application of funds:

 

 

 

 

The draft 2010-11 Capital Works budget has been allocated to the following asset categories:

 


The major source of revenue for Randwick City Council is rates and annual charges. The major areas of rates and annual charges are outlined below:

 

Environmental Levy

In 2004-05 the Minister approved a 5 year environmental levy equivalent to 6% of the 2004-05 rate increase, to fund a comprehensive range of environmental programs and initiatives with the aim of achieving a substantial enhancement of Randwick’s environment.  In 2009 the Minister approved an extension to this program for a further 5 year period. The five year extension commenced in 2009-10 and will continue in 2010-11.

 

Domestic Waste Management Charge

Under S.496 of the Local Government Act 1993, Council must make and levy an annual charge for providing domestic waste management services. Under S.504 of the Act, income from the charge must not exceed the reasonable cost to Council of providing those services. The domestic waste management charge is proposed to increase from $391.00 to $410.00 for each residential occupancy.

The increased Domestic Waste Management Charge will provide for existing services, the increase in the Waste Levy charged by the Department of Environment, Climate Change and Water, the ongoing operation of the Perry Street Recycling Centre and the rehabilitation Chifley Sports Reserve and Heffron Park.

 

Stormwater Management Service Charge

The Stormwater Management Service Charge was introduced in the 2008-09 financial year to establish a sustainable funding source for providing improved stormwater management across Randwick City. The amount chargeable has been prescribed under the Local Government Act at:

 

§            Residential property: $25 per annum (approximately 48 cents per week)

§            Residential strata property: $12.50 per annum (approximately 24 cents per week)

§            Business property: $25 per annum plus an additional $25 for each 350m2 or part thereof by which the parcel of land exceeds 350m2

 

Buildings for Our Community

On 13 April 2010, the Council adopted the Buildings for our Community program.  The Council has submitted an application to the State Government under S508A of the Local Government Act for a Special Variation of General Income.  The Special Variation has not yet been approved but is included in the 2010-11 Budget and outlined in the Draft 2009-13 Randwick City Council Management Plan/2010-11 Annual Operational Plan.

 

The Buildings for our Community program proposes a 2.69% cumulative increase over 3 years. 

 

The Buildings for our Community program has been prepared to upgrade, replace and provide the community with improved and additional facilities that will contribute to the public amenity and wellbeing of our residents and visitors.

 

Rates

The Council’s rating policy is structured on an ‘ad valorem’ basis with two categories – residential and business. For each category, a minimum rate applies.

 

The rating structure is reviewed annually to ensure equitable distribution among ratepayers. Any change to the rating structure does not equate to additional income to the Council but redistributes the rating liability of different property types.

 

If the special variation for the Buildings for our Community program is approved the proposed rate increases will be 5.29% in 2010-11, 6.24% in 2011-12 and 6.28% in 2012-13.

 

If the special variation for the Buildings for our Community program is not approved the proposed rate increase will be 2.6% in 2010-11 in accordance with the rate pegging increase set down by the State Government.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

Direction 1a:      Council has a long term vision based on sustainability.

Direction 1c:      Continuous improvement in service delivery based on accountability, transparency and good governance.

 

Financial impact statement

 

The Council is in a strong financial position with a balanced budget, sufficient unrestricted cash and available working capital, strong liquidity, sufficient cash reserves and a good debt collection ratio. 

 

Conclusion

 

The Draft 2009-13 Randwick City Council Management Plan/2010-11 Annual Operational Plan and the associated documents are tabled for Council’s consideration.  Following the adoption of these drafts, the Draft Management Plan must be placed on public exhibition for a minimum period of 28 days.

 

 

Recommendation

 

That:

 

a)            the Draft 2009-13 Randwick City Council Management Plan/2010-11 Annual Operational Plan, which includes the 2010-11 Budget and associated Fees and Charges, and attachments as outlined below, be placed on public exhibition for not less than 28 days, from 4 May 2009 to 1 June 2010, inviting submissions from the public;

 

b)            at the conclusion of the period of public exhibition a meeting of Council is held to consider any submissions made concerning the Draft Plan, and after taking into consideration such matters, as it considers relevant, Council adopt the Management Plan; and

 

c)            in accordance with the NSW Department of Local Government Code of Accounting Practice and Financial Reporting (June 2009) Note 2(b), in respect to each broad function of council, expenses that can be reliably attributed have been allocated to that function.

 

 


Attachment/s:

 

1.

Draft 2009-13 Randwick City Council Management Plan / 2010-11 Annual Operational Plan

INCLUDED UNDER SEPARATE COVER

2.

Draft Budget 2010-11

INCLUDED UNDER SEPARATE COVER

3.

Draft Capital Works Program 2010-11

INCLUDED UNDER SEPARATE COVER

4.

Draft General Fees & Charges 2010-11

INCLUDED UNDER SEPARATE COVER

    


Ordinary Council

27 April 2010

 

 

 

Director Governance & Financial Services Report No. GF14/10

 

 

Subject:                  Investment Report - March 2010

Folder No:                   F2004/06527

Author:                   Greg Byrne, Manager Financial Operations     

 

Introduction

 

The Local Government (General) Regulation requires that the Responsible Accounting Officer provide a written report to the ordinary meeting of the Council giving details of all monies invested and a certificate as to whether or not the investments have been made in accordance with the Act, the regulations and Council’s Investment Policy.

 

Issues

 

Council is authorised by s625 of the Local Government Act to invest its surplus funds. Funds may only be invested in the form of investment notified by Order of the Minister dated 31 July 2008. The Local Government (General) Regulation prescribes the records that must be maintained in relation to Council’s investments.

                         

The table in this report titled “Investment Register–March 2010” outlines the investment portfolio held by Council as at the end of March 2010. All investments have been made in accordance with the Act, Regulations and Council's Investment Policy.

 

Investment Commentary

 

The size of the investment portfolio may vary significantly from month to month as a result of cash flows for the period. Cash outflows (expenditure) are typically relatively stable from one month to another. Cash inflows (income) are cyclical and are largely dependent on the rates instalment due dates and the timing of grant payments including receipt of the Financial Assistance Grant. The next rate instalment for 2009-10 financial year, is due 31 May 2010. 

 

Expenditure during the period was incurred for capital works, payroll and miscellaneous expenses. Main income sources were rates income, grants and miscellaneous fees and charges.

 

The investment portfolio decreased by $1.506 million during March 2010. The decrease is representative of negative cash flow for the month as expenditure exceeded income. There was an unrealised capital gain on investments for March of $133,619.97.

 

 

The above graph illustrates the movement in the investment portfolio from July 2004 to March 2010. Peaks are representative of the rates instalment periods.

 

 

The above graph illustrates the movement in the investment portfolio for the past twelve months.

 

The investment portfolio is diversified across a number of investment types and is spread across a number of financial institutions. The various investment types may include managed funds, term deposits, rolling rate investments, floating rate notes and on‑call accounts.

 

The following graph indicates the allocation of investment types held at the end of March 2010.

 

The investment portfolio is regularly reviewed in order to maximise investment performance and minimise risk. Comparisons are made between existing investments with available products that are not part of Council's portfolio. Independent advice is sought on new investment opportunities.

The following graph shows the investment returns achieved against the UBS Bank Bill Index and the official Reserve Bank of Australia (RBA) cash interest rate for the period September 2004 to March 2010.

 

 

 

 

 

 

The following graph shows the investment returns achieved against the UBS Bank Bill Index and the official Reserve Bank of Australia (RBA) cash interest rate for the previous twelve months.

 

 

Investment performance for the financial year to date has been above the industry benchmark UBS Australian Bank Bill Index with an average return after fees of 5.19%, compared with the benchmark index of 4.21%.

 

The official Reserve Bank of Australia (RBA) cash interest rate increased to 4.00% at the March 2010 meeting (N.B The RBA raised rates by a further 0.25% at the April 2010 meeting.)

 

Ministerial Investment Order

 

In late 2007, the NSW Government commissioned a review of NSW local government investments. The review, known as the Cole Report included eight recommendations that were all adopted by the NSW Government and incorporated into the latest Ministerial Investment Order dated 31 July 2008.

 

The Ministerial Investment Order includes transitional arrangements that allow councils to continue to hold investments that were made in compliance with the previous Ministerial Order dated 15 July 2005. Council’s investment portfolio contains a number of investments that fall into this category including both Managed Funds and Structured Products.

 

Managed Funds

 

The investment portfolio includes $7.647 million in managed funds. The following table depicts the latest information in respect to these products.

 

Investment

Product Type

Credit

Rating

Par Value

Market Value

LGFS Fixed Outperformance Cash Fund

Floating Rate Fund

A

4,954,941

4,954,941

Blackrock

Care & Maintenance Fund

Collective Investment

Not Rated

2,692,397

2,790,097

 

The LGFS Fixed Outperformance Cash Fund pays a floating rate return of 0.50% above the 90day BBSW index.

 

The Blackrock Care & Maintenance Fund was created following the closure of the Blackrock Diversified Credit Fund. This new fund is referred to as a “Collective Investment” and is closed to any new deposits or withdrawals. Proceeds of the fund are distributed to investors as the underlying investments reach maturity or the fund manager considers it an opportune time to sell the investments at current market rates.  The purpose of the fund is to limit the financial losses that would have occurred if the underlying assets were sold at market prices at the time that the original fund was wound up.

 

Structured Products

 

The investment portfolio includes $4.00 million in structured products. The following table depicts the latest information in respect to these products. The risk rating is assigned by Council’s investment advisor. 

 

Investment

Product Type

Credit

Rating

Par Value

Market Value

Risk Rating

Maturity Date

CBA

Shield Series 21

Capital Protected Note

AA

1,000,000

1,178,270

Low

28/02/11

Longreach

Series 33 (STIRM)

Capital Protected Note

A+

1,000,000

1,115,000

Low

10/05/13

ANZ Three Pillars

CDO

B

2,000,000

2,000,000

Moderate

06/04/10

TOTAL

 

 

4,000,000

4,293,270

 

 

 

Movements in the market value of these investments have been quite volatile over the past 18 months. This period has also seen very little liquidity for these products.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

Direction 1c:      Long term financial viability is achieved.

 

Financial impact statement

 

Funds are invested with the aim of achieving budgeted income in 2009-10 and outperforming the UBS Australian Bank Bill Index over a 12 month period.  The revised budget provision for income from this source is $1,697,308.00. Investment income to 31 March 2010 amounted to $1,543,480.60.

 

Following is the detailed Investment Report – March 2010.


Conclusion

 

All investments as at 31 March 2010 have been made in accordance with Council Investment Policy.  All investments meet the requirements of s625 of the Local Government Act and the Local Government (General) Regulation.

 

Changes to the economic climate and financial markets are being closely monitored. Appropriate adjustments to the investment strategy will continue to be made as required.

 

Recommendation

 

That the investment report for March 2010 be received and noted.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

27 April 2010

 

 

 

Director Governance & Financial Services Report No. GF15/10

 

 

Subject:                  Adoption of Confidential Documents Policy

Folder No:                   F2007/00634

Author:                   David Kelly, Manager Administrative Services      

 

Introduction

 

A review has been undertaken of Council’s practices in managing confidential documents relating to matters in closed session of Council. In order to guard against the disclosure of confidential information and to be able to defend our treatment of confidential items should it be called into question, the attached policy is submitted for consideration and adoption by Council.

 

This suggested new Policy establishes controls over the issuing and return of confidential documents by Councillors.

 

Issues

 

Councillors and senior staff are provided with documents relating to matters considered under Section 10A of the Local Government Act (closed sessions). These documents are confidential and not part of the public business paper.

 

Council has an obligation to protect this information and ensure that it is used lawfully. Councillors and senior staff are provided with access to confidential documents if the documents are relevant to their civic office function, i.e. there must be a legitimate ‘need to know’. Councillors and senior staff must only use confidential information for the purpose it was provided. If confidential documents are issued in relation to a matter before council, the purpose of the supply of information is to support Councillors making informed decisions at Council meetings.

 

There is a significant amount of legislation, codes and policies relating to the use of information and records in local government. Access to Information and Council resources is also set out in Section 10 of the Code of Conduct. There are a number of clear obligations in the Code regarding the handling of confidential information. The following clauses of the Code are particularly relevant to the issue of management of confidential documents, namely “you must only use confidential information for the purpose it is intended to be used” and must “not disclose any information discussed during a confidential session of a Council meeting”.

 

The Code of Conduct also states Councillors and senior staff must ‘maintain the integrity and security of confidential documents or information in your possession, or for which you are responsible’. This relates to the methods of information security and storage. In the case of Councillors, security and storage is usually in their homes, not in council premises.

 

Documents, related to matters considered in closed sessions, generally continue to be confidential long after council has determined the matter. Unless Council requires the return or disposal of documents, Councillors and senior staff currently determine how the documents issued to them are used, stored and accessed. The requirements to maintain confidentiality extend past the current Council term.

 

It is likely as time progresses that many give limited consideration to storage or disposal methods, especially if their Council term has expired. It is likely that older records are stored in boxes and are eventually disposed of in their general waste bins. Some documents may be shredded. However, it is likely that the methods of storage or disposal are not secure.

 

Related documents can include highly confidential information. Council needs to ensure that appropriate information security controls are used especially where unauthorised use of information has significant risks to Council. This is particularly relevant to the security of information relating to land rezoning. In these cases, Council may wish to impose additional security on the documents.

 

Councillors have a right to information required to determine matters at Council meetings as this is consistent with the purpose the information was provided. Therefore, relevant confidential documents should be accessible while a matter is under consideration. However, once a matter is determined, there would appear to be no ongoing purpose to access confidential documents. If a related issue is raised in the future, Council can recirculate the information. Documents containing personal information also need to be managed in accordance with PPIPA legislation and Council’s Privacy Management Plan.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 11:     Providing a work environment that respects and maximises the opportunities and potential of all staff and enables them to contribute to the achievement of the outcomes of the organisation.

Direction 11e:    Employee behaviour that reflects partnering across internal organisational boundaries, open and constructive communication and corporate values, standards and policies.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

After consideration of the abovementioned issues it is considered that the attached policy should be adopted and implemented as soon as possible in order to better protect Council against the potential leaking of highly confidential information. This Policy would apply to staff as well as Councillors. Of course this procedure cannot guarantee the security of the information in question, but it will show that Council has done its best to maintain the integrity and security of confidential information should our processes be called into question in an investigation.

 

Recommendation

 

That the Confidential Documents Policy be adopted and measures be implemented accordingly to record the return of confidential documents by Councillors and senior staff.

 

Attachment/s:

 

1.View

Confidential Documents Policy

 

 

 

 


Confidential Documents Policy

Attachment 1

 

 

 

 

 

 

 

 

 

 

 

Confidential Documents Policy

 

 

 

 

 

 

 

 

 

 

 

 

Contact Officer: Manager Administrative Services

Date approved by Council: <insert date approved by Council>

Date of Next Review:  <insert date of next review>

History of Amendments: <insert/update history of amendments>

TRIM Folder Number: F2007/00634

 

 


1.      Purpose

 

Business papers for Council and Committee meetings issued to Councillors and senior staff can include confidential information considered in ‘closed session’ i.e. matters pursuant to s.10A of the Local Government Act. Confidential attachments to reports are also issued to Councillors and senior staff from time to time. This information is not made available to the public and care must be taken to maintain the integrity and security of the information and protect it from misuse. The Code of Conduct also requires that council officials do not disclose any information discussed during a confidential session of Council.

 

In order to maintain a system of document control accountability, this procedure sets out the process for managing confidential documents issued to Councillors and senior staff.

 

2.      Scope

 

This procedure applies to Councillors and Council staff.

 

3.      Procedure

 

1.     Confidential documents are printed and distributed to Councillors and senior staff as a separate attachment to the public business paper with the word ‘confidential’ printed on each page. A cover page will be attached setting out the confidentiality conditions and the requirement to return the documents to Council.

 

2.     Confidential documents will only be provided in paper form.

 

3.     A record of confidential documents will be maintained including a list of distribution, date of issue and date of return.

 

4.     Council may include identification or watermarks on documents to track or as a preventative measure against copying of documents.

 

5.     In cases involving highly confidential information with significant risk such as rezoning proposals, Council may opt to:

 

§   Only permit viewing of documents in Council premises with no take away copies; and/or

§   Obtain signed confidentiality agreements prior to viewing or release of documents.

 

6.     Councillors and senior staff must return confidential documents immediately after the Council meeting where the matter has been considered.

 

7.     Council will record the return of the documents from each Councillor and member of staff. Council will dispose of the documents using secure methods.

 

8.     In the event that confidential documents are not returned, the matter will be reported to Council.

 

 

 

 


Ordinary Council

27 April 2010

 

 

 

Motion Pursuant to Notice

No. NM14 /10

 

 

Subject:                  Motion Pursuant to Notice from Cr Notley-Smith - Opposing Redevelopment of the Coogee Bay Hotel

Folder No:                   F2009/00555

Submitted by:          Councillor Notley-Smith, East Ward     

 

That Council give its support to the public meeting to protest the redevelopment of the Coogee Bay Hotel and the NSW Labor Party’s Part 3A of the EP&A Act, to be held on Saturday 1 May at 1pm at Goldstein Reserve, Coogee.

 

 

 

 


Ordinary Council

27 April 2010

 

 

 

Motion Pursuant to Notice No. NM15/10

 

 

Subject:                  Motion Pursuant to Notice from Cr Matson - Late Submission to Buildings for Our Community Program and draft budget submissions

Folder No:                   F2010/00044

Submitted by:          Councillor Matson, East Ward     

 

That Council:

 

a)     notes the draft budget submission from Each & All Stronger Together of 29 March 2010 proposing the two Lexington Place shop based projects “Lexchange – PC Tree” and Lexpresso” forwards it to the attention of the General Manager; and

 

b)     Invites Each & All Stronger Together to submit a formal business plan.

 

 

 


Ordinary Council

27 April 2010

 

 

 

Motion Pursuant to Notice No. NM16/10

 

 

Subject:                  Motion Pursuant to Notice from Cr Matson - Advancement of Baker Park Toilet Block Project in Seven Year Building Program (Buildings for Our Community Program)

Folder No:                   F2010/00044

Submitted by:          Councillor Matson, East Ward     

 

That Council resolves to move the scheduled Baker Park toilet block project down from year 4 to year 1 of the schedule of works in the adopted Buildings for Our Community Program and to amend the drafting of Council’s Management Plan for 2010-11 accordingly.

 

 

 

 


Ordinary Council

27 April 2010

 

 

 

Motion Pursuant to Notice No. NM17/10

 

 

Subject:                  Motion Pursuant to Notice from Cr Matson - Community Services Awards

Folder No:                   F2009/00434

Submitted by:          Councillor Matson, East Ward     

 

That Council adopt a policy of prohibiting Councillors from being recipients of Council awards such as the yearly Community Services Awards.

 

 

 

 


Ordinary Council

27 April 2010

 

 

 

Motion Pursuant to Notice No. NM18/10

 

 

Subject:                  Motion Pursuant to Notice from Cr Matthews - Proposed Increase in the Aged Pensioner Council Rebate

Folder No:                   F2004/07458

Submitted by:          Councillor Matthews, South Ward     

 

That this Council write to the Premier, Kristina Keneally and table a motion at the Local Government Conference, seeking an immediate increase in the Aged Pensioner Councils Rebate from $250 to $350 in order to address the extreme hardship now faced by our aged pensioners as a result of the recent massive increases in their electricity, gas, water and telephone charges, which they are struggling to pay and which are impacting on their quality of life.