Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 25 May 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

25 May 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, 25 May 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 - 27 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

CP31/10    14-16 Ocean Street, Clovelly

CP32/10    1609-1611 Anzac Parade, La Perouse

CP33/10    1 Day Lane, Kensington

CP34/10    164 Brook Street, Coogee

CP35/10    48-58 Maroubra Road, Maroubra

CP36/10    4-6 Andrew Street, Clovelly

CP37/10    7R Marine Parade, Maroubra

CP38/10    21-29 Munda Street, Randwick

CP39/10    88-102 Moverly Road, South Coogee

CP40/10    77-97 Alison Road, Randwick

CP41/10    261-275 Avoca Street Randwick (DA 215/2010) - Council Submission to the Joint Regional Planning Panel

CP42/10    Metropolitan Strategy Review and Metropolitan Transport Plan

 

General Manager's Reports

GM14/10    Affixing of the Council Seal

GM15/10    Review of the 2009-13 Management Plan - March 2010 Quarterly Report

 

Director City Services Reports

Nil

 

Director Governance & Financial Services Reports

GF20/10    Investment Report - April 2010

GF21/10    Budget Review - March 2010 Quarter

GF22/10    Complaints Management System

GF23/10    Review of Delegations of Authority

GF24/10    Merger of external audit company Spencer Steer Chartered Accountants  

 

Petitions

Motion Pursuant to Notice

NM19/10    Motion Pursuant to Notice from Cr Andrews - Sydney Pedestrian Crash Investigation Project

NM20/10    Motion Pursuant to Notice from Cr Bowen - Addressing Homelessness in Randwick City Council Area

NM21/10    Motion Pursuant to Notice from Cr Notley-Smith - Installation of Life Buoys at Clovelly Beach

NM22/10    Motion Pursuant to Notice from Cr Matson - Local Government Association Conference

NM23/10    Motion Pursuant to Notice from Cr Matson - Response to the Premier's announced Cycling Plan  

 

Closed Session

CS6/10      Tender for Retaining Wall Reconstruction - Alison Road, Coogee - T08/10

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

  


Notice of Rescission Motions

NR3/10      Notice of Rescission Motion from Crs Andrews, Procopiadis and Seng - 35 Napier Street, Malabar  

 

 

 

 

 

 

………………………………………….

   Ray Brownlee

GENERAL MANAGER

 

 


Ordinary Council

25 May 2010

 

 

 

Director City Planning Report No. CP31/10

 

 

Subject:                  14-16 Ocean Street, Clovelly

Folder No:                   DA/971/2009

Author:                   David Mooney, Environmental Planning Officer     

 

Proposal:                     Demolition of the existing structures on each site and construction of a pair of 2-storey semi-detached dwellings with detached garages and boundary fencing

Ward:                      North Ward

Applicant:                Nathan Hedley

Owner:                         Nathan Hedley

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 


1.    Executive Summary

 

This development application is referred to Council as the estimated cost of work exceeds $2 million.

 

The proposal involves demolition of the existing structures on each site and construction of a pair of 2-storey semi-detached dwellings with detached garages and boundary fencing.

 

The site is on the western side of Beach Street, Clovelly. Made up of 2 Torrens lots side-by-side, the combined frontage to Beach Street is 15.24m and the combined area is 544.8m2. The site slopes moderately with a southerly aspect and also has frontage to Beach Lane.

 

There were objections from three (3) landowners mainly raising issue with view-loss, non-compliance and visual bulk. These issues are addressed in the assessment report.

 

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

 

Approval subject to conditions is recommended.

 

2.    The Proposal

 

The proposal involves demolition of the existing structures on each site and construction of a pair of 2-storey semi-detached dwellings with detached garages and boundary fencing.

 

3.    The Subject Site and Surrounding Area

 

The site is on the western side of Beach Street, Clovelly. Made up of 2 Torrens lots side-by-side, the combined frontage to Beach Street is 15.24m and the combined area is 544.8m2. The site slopes moderately with a southerly aspect and also has frontage to Beach Lane. There is a free-standing home to the north and a residential flat building to the south. Clovelly Bowling Club is over Ocean St to the east and there are freestanding homes over Beach Lane to the west. There are extensive views from the site to the ocean and coastline. The building character of this section of Ocean St (between Park Lane and Warner Avenue) is dominated by 3 residential flat buildings. There are 2 large semi-detached homes at 4 and 6 Beach Street, 2 small freestanding homes at 8 and 16 Beach St and the subject site.

 


Aerial photograph of the site

 

 

4.    Site History

 

The existing dwellings pre-date Council’s database of approvals, but they do appear on an aerial photograph from 1930. At least one of the existing dwellings is unfit for occupation because its roof has collapsed.

 

5.    Community Consultation

 

The development application was notified to adjoining landowners by mail in accordance with Council policy. There were objections from:

 

·      11 Northumberland St, Clovelly

·      9 Northumberland St, Clovelly

·      7 Northumberland St, Clovelly

 

Issue: View loss from 11 and 9 Northumberland St, Clovelly.

Comment:  View loss is addressed in the Environmental Assessment section of this report.

 

Issue: The proposal is overly visually bulky with very little articulation on either side of the building.

Comment: The building is well modelled with deep slots on the side elevations and nicely resolved front and rear elevations. The architectural styling draws on some of the elegant interwar buildings in the area and presents in an aesthetically pleasing and contemporary manner.

 

Issue: Non-compliance with height, floor area and setback controls.

Comment: Non-compliance with the DCP preferred solutions is addressed in the Environmental Assessment section of this report.

 

Issue: Double garage at the rear will encourage car use along this narrow lane, increasing noise and traffic.

Comment: Accessing the garages from the rear laneway is the preferred design solution in the DCP for Single Dwellings and Attached Dual Occupancies.

 

6.    Technical Officers Comments

 

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

 

Development Engineer

An application has been received for the demolition of the existing residences and the construction of two semi detached dwellings at the above site.

 

This report is based on the following plans and documentation:

 

·           Architectural Plans by Neeson Murcutt Architects dated 21st December 2009;

·           Statement of Environmental Effects

 

Drainage

Onsite detention of stormwater is not required for this application.

 

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

 

Seepage Water

The submitted drainage concept plan by Northrop Engineers indicate subsoil drainage draining to the gutter in Ocean street. This area of Ocean Street is known to have seepage issues and the proposed subsoil drainage will result in a constant flow of water to the gutter. This usually creates problems with slime in the gutter, possible health issues and complaints from residents. Seepage water must not be drained from the site. Conditions relating to its proper disposal have been added to this report.

 

Parking

Council’s DCP-Parking requires that for dwellings of 3 bedrooms or more, 2 off-street carspaces shall be provided. The submitted plans comply with this requirement with 2 carspaces provided for each of the semi-detached residences within a double garage located at the rear of the site fronting Ocean Lane.

 

Garage

Development Engineering prefers garages to be setback at least one metre to rear lanes to improve car manoeuvrability and pedestrian visibility. An analysis of car sweeping paths using the B-85 design template in Australian Standard 2890.1:2004 has indicated that cars may have difficulty entering and exiting the double garages when the other space is occupied. The 1.0m setback would also improve this situation by providing additional room for car manoeuvring. It also has the added advantage of allowing more room to grade the vehicle crossing from the garage floor level to the roadway. The present proposal does this grading within the garage itself which is not ideal especially on steep graded streets as it results in carspaces that are partly non-compliant with our maximum grade requirements.

 

It is noted however that there are many other examples of garages having a zero setback in Ocean Lane and the one metre setback may have planning implications as it will impact on the dwelling’s private open space. Development Engineering acknowledges that this would mean the 1.0m setback could create issues.  To retain the zero setback Development Engineering will require at the very minimum to widen the garage openings to 5.2m which are currently 4.8m wide. This will significantly improve car manoeuvrability into the garages. A condition requiring the garage door to be widened to 5.2m on plans submitted for the construction certificate has been added to this report.

 

Landscape Comments

The only vegetation within either of the two sites was observed to be in the rear yard of 14 Ocean Street, in its southwest corner, comprising a closely planted Cupaniopsis anacardioides (Tuckeroo) and Harpephyllum caffrum (Kaffir Plum), both of about 4 metres in height.

 

Neither are significant in anyway, and could therefore be removed in order to accommodate the proposed garages and associated works as shown, with the submitted landscape plan to result in a high quality treatment for both properties, that will double the quantity of trees currently provided.

 

Further to the south, in the rear yard of the neighbouring unit block at 18-20 Ocean Street, near the common boundary with no.16, there is a Metrosideros exclesa (Pohutukawa) of poor health and condition, which is typical of this species due to recent cases of pest attack.

 

A small portion of its northern aspect partially overhangs into no.16, with the only conditions relating to this neighbouring tree being those which permit pruning in order to accommodate the new garage, planted roof and covered walkway.

 

The inclusion of a raised planter around the perimeter of both garage roofs is supported for visual purposes as this will increase the amount of plant material provided as well as minimise the dominance of the built forms when viewed from surrounding properties, particularly as this proposal will result in a substantial increase in both footprint and height compared to the current situation.

 

While the landscape plan shows a high level of detail and treatment, several rare species have been selected, which given the harsh frontline coastal location, will struggle to survive as some are from Western Australia, which traditionally succumb to the east coasts higher levels of humidity, with others originating in sheltered rainforest or open woodlands, with conditions in this report requiring that alternative, and more reliable native species be selected in their place.

 

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.

 

Clause 29 Foreshore Scenic Protection Area

The proposed architectural styling draws on some of the elegant interwar buildings in the area and presents in an aesthetically pleasing and contemporary manner to satisfy the following requirements of Clause 29.

 

The Council may only grant consent [to a building in the Foreshore Scenic Protection Area] after it has considered the probable aesthetic appearance of the building in relation to the foreshore.

 

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

$2,108,718

1.0%

$21,718

 

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. The dwellings are virtually identical on their respective lots of land and so the calculated amounts in the compliance table are combined.

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

44%

Yes

25m² of private open space provided.

75m2 +

Yes

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

10mx7.5m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

28%

Yes

Floor area

(Site 272.3 m2 and 272.5m2) max FSR 0.65:1 

0.76:1

No

Height, Form & Materials

External wall height maximum 7m

8.5m

No

External wall height to the rear maximum 3.5m.

3.5m

Yes

Cut or fill maximum 1m.

1m

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.

17.7m/1m

No

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

n/a

Building setbacks

Front setback ave of adjoining dwellings or 6m

4.025m

Yes

Rear boundary setback at least 4.5m

0m

No

Side setbacks be 900mm at ground level.

1.115m

Yes

Side setbacks be 1.5m at second floor level.

1.115m

No

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.

None

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

Safety & Security

Front doors of dwellings are visible from the street.

Yes

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

Living and bedroom

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

Standard condition

Garages & Driveways

 

Garages & Driveways

(continued)

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

4 spaces

Yes

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

Yes

Driveway minimum width of 3m and side setback 1m

No driveway

Driveway maximum width of 3m at the boundary.

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

Garages and carports to rear lanes set back 1m.

0m

No

Parking and access is provided from the rear.

Rear

Yes

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

n/a

 

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.

Consent condition

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

Balustrades above the retaining walls are open

Yes

Foreshore Development

 

No encroachments on Foreshore Building Line.

n/a

Stepped buildings on sloping sites are articulated.

There is some fall at the front of the site, but it is not such that a step in the building is required.

Form, colour, materials and finishes are sympathetic.

Consent condition

Buildings incorporate setbacks to allow sharing of views.

View sharing considered in the Environmental Assessment section.

Ancillary structures do not detract from appearance.

No they do not.

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

n/a

Private open space receive 3 hours sunlight 9am-3pm on 21/6

No

North-facing living areas receive 3 hrs sunlight 9am-3pm 21/6

No

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

No impact to solar collectors

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

Mostly yes. 1 kitchen (out of 17 apartments) has solar access reduced to less than 1 hour.

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

Slightly reduced

No

 

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 (0.76:1) is comparable to the semis at 4 and 6 Ocean St with floor space ratios of 0.87:1 and 0.88:1 exceeding the maximum (at the time they were approved) of 0.75:1.

 

There are 2 very similar semi-detached dwellings at 4 and 6 Ocean St. The bulk, scale, landscape, height and setback configuration of the proposed building is comparable to and actually somewhat less than those other semis. There are 2 older and smaller cottages at no 8 and 16 and the only other 3 buildings in the street are 4 storey apartment buildings.

 

The proposal can be said to be consistent with the character of the street because it is very similar in size and form to the semi-detached dwellings at 4 and 6 Ocean St., and most of the other buildings are considerable larger 4 storey apartment buildings. Therefore the proposal satisfies the performance requirement for floor area in the DCP, which is:

 

“Building bulk must be compatible with surrounding built forms and must minimise adverse effects of bulk on neighbours, streets and public open space.”

 

Building Height and setback to southern boundary at upper level

The height encroachment (8.5m) is at the front of the site where the site falls toward the street. The building has an external wall height that is mostly 7m above existing ground and satisfies the preferred solutions. The semi-detached dwellings at 4 and 6 Ocean St already have maximum external wall heights up to 8.7m.

 

The southern elevation (17m long and setback 1.1m) is comparable to the southern setback of the semi-detached dwelling at 6 Beach St, which is approximately 19m long and setback 1m. The proposal includes 2 deep slots to 2.5m from the southern boundary, which increases the average setback of the elevation to 1.3m, just 200mm shy of the minimum preferred solution.

 

The proposal can be said to be consistent with the performance requirements for building height in the DCP, which are:

 

The height of buildings relate to those in the surrounding streetscape with higher buildings located to minimise impacts on neighbours and the streetscape.

 

The location and design of development relates to the topography of the site, with minimal cut and fill.

 

Buildings are designed to preserve privacy and natural light access for neighbouring residents [privacy and solar access are assessed elsewhere in this report]

 

Buildings are design to ensure fair sharing of views [view-sharing is assessed elsewhere in this report]

 

Side boundary setback

The side setbacks are generally 1.1m and satisfy the preferred solution at the lower level, but are in breach of the preferred solution of 1.5m for the second level. The second level includes articulating elements increasing the average setback to 1.3m, just 200mm short of the preferred solution. There are similar setback conditions for the semi-detached dwellings at 4 and 6 Ocean St. The apartment buildings enjoy more generous side boundary setbacks, but the buildings are also much taller. Solar access is examined in another section of this report and is acceptable. The proposed setbacks do no overly restrict the flow of fresh air within and around the buildings. The proposal can be said to be consistent with the objective for side setbacks, which is:

 

“Building forms and setbacks allow occupants and neighbours adequate access to natural light, daylight and fresh air.”

 


Rear boundary setback

The garages abut the rear boundary. However, there is 7m separation between the eastern face of the garages and the western face of the dwellings. This separation adequately substitutes for a setback zone in the rear portion of the site. The proposal can be said to be consistent with the performance requirement for rear setback set out in the DCP, which is:

 

“Building forms and setbacks allow occupants and neighbours adequate access to natural light, daylight and fresh air” [solar access is addressed elsewhere in this report]

 

Garage setback to rear lane

The proposed garages abut the rear laneway in much the same manner as other existing garages in the laneway. Others in the lane are shown in the photograph to the right. The proposed encroachment does not necessarily satisfy the performance requirements for garages but it is acceptable in this context.

 

Solar Access for the proposal

Sunlight to the existing lot is already severely hindered due to the 4 storey apartment building 2 lots to the north. The private open spaces receive direct sunlight from slightly before noon until about 2pm during the winter solstice, which is less than the 3 hours that is required. The private areas are otherwise highly functional because they are generously sized, formally landscaped, directly accessible at grade from a living room, dining room and kitchen, and would enjoy a generous amount of sunlight during late spring, summer, and early autumn. The proposal can be said to satisfy the relevant performance requirement for solar access, which is:

 

“Buildings are sited and designed to maximise solar access to north facing living areas and areas of open space.”

 

Solar Access for the neighbours

The proposal reduces sunlight to 1 kitchen of the 17 apartments at 18-20 Ocean Street to less than 1 hour per day during the winter solstice. Another kitchen is affected, but only during the morning and retains 3 hours of afternoon sunlight. The proposed building could be made smaller to improve solar access, but this would hinder the otherwise reasonable development of the land because the external wall height would need to be less than the maximum preferred solution. Such amendments are not necessary. The proposal can be said to satisfy the relevant DCP performance requirement, which is:

 

“The design and siting of new buildings … and landscaping minimises loss of solar access to neighbouring properties. Solar access is to be maximised to the north facing windows of living areas and the principle outdoor recreation space of neighbouring dwellings”

 

View-Loss

There are views over the site from properties to the north, south and west. There were objections on the grounds of view loss from the owners of 9 and 11 Northumberland St to the west of the site. View sharing is considered after the planning principles in Roseth SC pp25-29 Tenacity Consulting v Warringah [2004] NSWLEC 140.

 

Principle: Assess views to be affected, and consider from what part of the property views are obtained

 

The Assessing Officer estimates the following views over the site.

·      From the kitchen and balcony in the upper-most north-facing apartment at 18-20 Ocean Street north over a side boundary toward Ben Buckler and possibly Bondi Beach.

 

·      From the windows in the southern elevation of the upper 2 levels of the apartment building at 10 Ocean Street south over a side boundary toward Wedding Cake Island and possibly Trenerry Reserve.

 

·      Primarily from the upper levels at 9 and 11 Northumberland Street east over a rear boundary toward the ocean and horizon. These landowners objected.

 

·      The photograph at right shows views from the east-facing first-floor balcony at 11 Northumberland St. It is a substantial view of the ocean and horizon over the rear boundary. However, it does not include coastal or iconic elements and it is not panoramic. The sight-line is also through (and not over) a nominal DCP building envelope on all of the visible lots.

 

·      There may be a limited view from the single storey dwelling at 15 Northumberland St east over a rear boundary toward the ocean and horizon. The view corridor, if it exists, would be between (and not over) the existing dwelling on the subject site at 16 Ocean St and the apartment building at 18-20 Ocean St. The view would be heavily filtered by existing vegetation.

 

Principle: Assess the extent of the impact

 

The Assessing Officer estimates the following view-loss as a result of the proposal.

 

·      The proposal is likely to obstruct views to Ben Buckler from the upper-most north-facing apartment at 18-20 Ocean Street. Views to Ben Buckler from the balcony are likely to remain intact. Expansive ocean and horizon views to the east and south, including to Wedding Cake Island and Trenerry reserve would remain.

 

·      Views from the southern elevation of the upper-most level at 10 Beach St are likely to remain intact. However, views from the level below to the ocean and Wedding Cake Island and Trenerry Reserve are likely to be obstructed. The east facing apartments at 10 Beach St (but not the west facing apartments) would retain expansive ocean and horizon views to the east and north, including views to Ben Buckler and possibly Bondi Beach.

 

·      The image at right is a photomontage of the proposal from the balcony at 11 Northumberland St. The view from Nos 7 and 11 is already interrupted by the apartment buildings left and right. The proposal would obstruct most of the ocean view. The thermal roof vents would also interrupt the horizon. Some of the ocean view and most of the horizon view would remain.

 

·      Views from No 15 Northumberland St, if indeed there are any, would be partially obstructed on the northern side as a result of greater building length on the subject site at 16 Ocean St.

 

Assess the reasonableness of the proposal that is causing the impact

 

While there are external wall height and side-setback encroachments, and the proposal exceeds the maximum floor space ratio for the site, a development that satisfied the preferred solutions, would not significantly improve view sharing. The building largely complies with the preferred external wall height. The encroachment is at the front of the site where the land falls moderately to the street.

 

There are several changes that could be made to improve view sharing.

 

·      Lowering the front of the building so that there is no encroachment on the preferred solution in this part of the site.

 

Comment: The likely gains to view sharing would be minor. It is the rear elevation of the building that is causing the most view-loss for properties to the west and that elevation complies with the preferred solution. There might be some recovery of views from the upper levels at 10 Ocean St, and 18-20 Ocean St toward either Ben Buckler or Wedding Cake Island, although the gains are likely to be minimal because of the topography of the street. Conversely, lowering the front of the building would require the proposed bedroom level to be split-level, which is not an optimal design outcome. On balance the view gains for the neighbours does not justify the loss of amenity to the development.

 

·      Lowering the whole building by excavating further into the site.

 

Comment: View recovery in this case would be universal. However, it would require a further split between the living spaces and the outdoor recreation spaces, which is not an optimal design outcome. It also requires a building height that is lower than the preferred solution in the DCP, which would be unfair, especially given the previously height of buildings in the remainder of the street.

 

·      Lowering the whole building, including the outdoor recreational spaces by excavating further into the site.

 

Comment: This solution compounds on the unfairness of the solution above by making the outdoor recreational spaces more vulnerable to overshadowing. While

 

view-gains would be universal, it would be a restriction on the land that is more onerous than the DCP preferred solutions. Further excavations would, in any case, cause non-compliance with the DCP preferred solutions for excavations.

 

·     
Deleting the thermal roof vents.

 

Comment: Deleting components of a building is not necessarily a more skilful design. While there would be some view recovery from properties to the west, it would be detrimental to the environmental performance of the proposed building. The thermal roof vents occupy considerably less space (and cause significantly less view-loss) than even a very low pitched roof.

 

·      Increasing the side setbacks.

 

Comment: The average side setback of the building at the upper level is 1.3m, which is 20cm short of the preferred solution. Improving compliance would recover some of the view over the site from 9 and 11 Northumberland Street. However, the increase in construction cost to offset the upper storey from the lower storey is not warranted by the marginal increase in views. The setbacks proposed are already represented in the street and can be said to be consistent with the character of the street.

 

·      Increasing the street setback.

 

Comment: The street setback is compatible with the established building line in the street. A further setback to accommodate view-corridors from 10 Ocean St and 18-20 Ocean St would be detrimental to the streetscape.

 

Conclusion

 

There is some view-loss from properties all around the proposed development. View-loss is inevitable in coastal areas while-ever there are policies in place that allow people to develop land. In this case, changes to the proposal to improve view sharing are unreasonable because:

 

·      The extent of non-compliance with DCP preferred solutions is minor and elsewhere represented in the street, and

·      Some of the changes to the proposal would come at some considerable economic or amenity cost to the proposal, with only marginal gains to view-sharing.

 

The proposed view sharing is acceptable.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:         Excellence in urban design.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

This development application is referred to Council because the estimated cost of work exceeds $2 million.

 

The proposal involves demolition of the existing structures on each site and construction of a pair of 2-storey semi-detached dwellings with detached garages and boundary fencing.

 

The site is on the western side of Beach Street, Clovelly. Made up of 2 Torrens lots side-by-side, the combined frontage to Beach Street is 15.24m and the combined area is 544.8m2. The site slopes moderately with a southerly aspect and also has frontage to Beach Lane.

 

There were objections from 3 landowners mainly raising issue with view-loss, non-compliance and visual bulk. These issues are addressed in the assessment report.

 

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

 

Approval subject to conditions is recommended.

 

 

Recommendation

 

That Council, as the consent authority, grant development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/971/2009 for demolition of the existing structures on each site and construction of a pair of 2-storey semi-detached dwellings with detached garages and boundary fencing at 14-16 Ocean Street, Clovelly, 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 DA01, DA02 and DA03, dated 21/12/09 and received by Council on 24/12/09, 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.       Fences or retaining walls in front of the Ocean Street building line must be no higher than 1.2m. 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.

 

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

 

Options may include one or more of the following measures:

 

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

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

 

10.     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;

 

11.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $2,108,718 the following applicable monetary levy must be paid to Council: $21,087

 

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

 

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

 

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

 

12.     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.

 

13.     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.

 

14.     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)

 

15.     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:

 

16.     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:

 

17.     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.

 

18.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, 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).

 

19.     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.

 

20.     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 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).

 

21.     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”.

 

22.     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.

 

23.     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.

 

24.     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.

 

25.     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.

 

26.     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:

 

27.     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.

 

28.     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.

 

29.     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.

 

30.     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.

 

31.     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.

 

32.     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.

 

33.     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.

 

34.     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.

 

35.     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.  

 

36.     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.

 

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

 

38.     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.

 

39.     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.

 

40.     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.

 

41.     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:

 

42.     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.

 

43.     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:

 

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

 

a)   $2000.00   -      Damage/Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

 

45.     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 crossings opposite the vehicular entrances to the site in Ocean Lane.

 

b)  Construct layback and gutter for the full site frontage in Ocean Lane.

 

c)  Carry out a full depth minimum 0.5 metre wide, road construction in front of the layback and gutter along the full site frontage in Ocean Lane.

 

d)  Reconstruct 1.8m wide concrete footpath along the full site frontage in Ocean Street. 

 

46.     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.

 

47.     For each of the proposed dwellings the double garage openings shall be widened to 5.2m to allow adequate room for vehicles to manoeuvre into and out of the carspaces. Plans submitted for the construction certificate must demonstrate compliance with this requirement.

 

48.     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:

 

49.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level at the property boundary for driveways, access ramps and pathways or the like, must be

          

       Ocean Lane frontage

§ 60mm ABOVE the edge of the existing bitumen at all points opposite, along the full site frontage.

 

Ocean Street frontage

§ 60mm ABOVE the top of the existing kerb at all points opposite the kerb along the full site frontage.

 

50.     The design alignment levels issued by Council and their relationship to the roadway/kerb 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.

 

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

 

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

 

52.     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.

 

53.     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.

 

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

 

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

 

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

 

55.     Prior to the issuing of a construction certificate the approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect any Sydney Water asset’s sewer and water mains, stormwater drains and/or easement, and if further requirements need to be met. Plans will be appropriately stamped.

 

Please refer to the web site www.sydneywater.com.au for Quick Check agent details and Guidelines for Building Over/Adjacent to Sydney Water Assets.

 

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

 

56.     Generally all site stormwater from each dwelling shall be piped to a sediment/silt arrester pit that drains to Council's kerb and gutter in Ocean street.

 

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

 

Notes:

 

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

 

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

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

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

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

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

 

b.       The overflow pipe/s from any rainwater tank/s shall be directed into the silt arrestor pit.

 

57.     As the above site may encounter seepage water any structures in excavated areas are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard, to the satisfaction of the certifying authority. A copy of the certification is to be forwarded to Council.

 

Notes:-

 

a)  Subsoil drainage must not be collected and discharged to the kerb and gutter or underground drainage system.

 

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

 

c)  Seepage Water must not be drained from the site.

 

58.     Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided to the satisfaction of the PCA.

 

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

 

59.     Prior to the credited certifier issuing an occupation certificate for the proposed development the applicant is to contact Council’s Manager of Waste in regards to meeting Council’s requirements for waste services to the dwellings.

 

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

 

60.     The applicant shall have registered at the Land Titles office a Plan of Survey creating Easements for Support or Party Wall in relation to the centre dividing wall between the two dwellings. The applicant shall also create any other easements as required. A copy of the registered plan shall be forwarded to the certifying authority and Council if Council is not the certifying authority.

 

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

 

61.     Landscaping at the site shall be installed substantially in accordance with the Landscape Plan & Section by Sue Barnsley Design Landscape Architecture, drawing DA01, revision C, dated 21.12.2009, subject to the following changes being made to an amended plan, which must be submitted to, and be approved by, the PCA, prior to the commencement of any site works:

 

a)   A construction detail showing that the minimum soil depth of the raised planter on both garage rooftops will be 600mm, and are to be suitably waterproofed and drained to the approved system;

 

b)   Given this sites harsh, frontline coastal location, and the fact that some of those rare species which have been nominated for use are from Western Australia or east coast rainforest fringes or open woodlands, their ability to survive here is low, with Calochlaena dubia (Rainbow Fern), Canavalia rosea (Beach Bean), Crytomium falcatum (Japanese Holy Fern) and Geitonoplesium cymosum (Scrambling Lily), needing to be replaced with more reliable native species, with relevant information to be included on an amended plant schedule.

 

Council’s Community Nursery may be contacted on 9399-0933 to discuss the availability of suitable endemic species for this purpose.

 

62.     The PCA must ensure that the landscaping is installed in accordance with the approved documentation, prior to the issue of a Final Occupation Certificate, with the home owner/s required to maintain this landscaping in a healthy and vigorous state.

 

Tree Removals

 

63.     Approval is granted for removal of the closely planted Cupaniopsis anacardioides (Tuckeroo) and Harpephyllum caffrum (Kaffir Plum) located in the rear yard of 14 Ocean Street, in its southwest corner, due both to their relatively small size as well as to accommodate the proposed garage as shown, and is subject to full implementation of the approved landscape works.

 

Pruning of Neighbouring Trees

 

64.     Permission is granted for the selective and minimal pruning of only those overhanging branches from the northern aspect of the Metrosideros excelsa (Pohutukawa), which is located in the rear yard of the adjoining property to the south, 18-20 Ocean Street, near the common boundary, only where they need to be pruned in order to avoid damage to the tree, or; to provide the necessary clearance for construction of the proposed garage, rooftop planter and covered walkway as shown.

 

65.     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.

 

66.     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.’

 

Advisory Conditions

 

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

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

A5      The applicant is 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

25 May 2010

 

 

 

Director City Planning Report No. CP32/10

 

 

Subject:                  1609-1611 Anzac Parade, La Perouse

Folder No:                   DA/76/2009

Author:                   Frank Ko, Executive Planner     

 

Proposal:                     Section 82A review of Council’s determination to refuse restoration of existing timber deck to be used as an outdoor dining area (for 84 patrons) associated with the Boatshed Café; changes to the layout of disabled toilet; provide new umbrellas, shrubs and an ‘interpretive’ historic signage

Ward:                      South Ward

Applicant:                First Fleet Marine Pty Ltd

Owner:                         NSW Department of Lands - Crown Land Division

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 


1.    Executive Summary

 

The subject application seeks a review pursuant to Section 82A of the Environmental Planning and Assessment Act 1979 of the determination pertaining to the original development application No. 76/2009.

 

The original application is for alterations and additions to the existing restaurant, known as “The Boatshed Café,” to provide additional outdoor seating, restoration of the timber deck, adjustment of the disabled toilet layout, reinstate the awning, planting of shrubs and a new interpretive sign. The original application was refused at the Planning Committee meeting of 10 November 2009. 

 

The proposal, the subject of the Section 82A assessment, remains substantially the same development as described in the original application.

 

One submission has been received in regard to the subject application. The objection reiterates the key concerns and issues raised in the submission for the original application (i.e. visual impact of the proposed umbrellas and additional parking constraints as a result of the increased patronage).

 

The subject application has been reviewed taking into account of the reasons and arguments submitted by the applicant. Having regard to all relevant matters for consideration, the proposal is considered to be acceptable and should not result in any significant adverse impact upon the amenity of the nearby properties and the character of the locality. 

 

For the above reasons, it is recommended that Council’s determination of the original development application should be rescinded and the application should be approved subject to conditions.

 

2.    The Proposal

 

The proposal, the subject of the Section 82A assessment, remains substantially the same development as described in the original application, except for the deletion of the proposed illumination of an existing signage to the eastern elevation facing Anzac Parade, which was previously approved as part of the Development Application No. 53/1999 in March 2000. The details of the proposal are as follows:

 

·              Restoration of the timber deck and installation of timber railings around the perimeters;

·              Use of the deck area for an outdoor dining area for 84 people;

·              Installation of seven (7) x white (removable) canvas umbrellas;

·              Provision of eight (8) x advanced sized salt resistant shrubs in concrete planters.

·              Installation of historical interpretive sign pursuant to Department of Lands requirements.

·              Minor changes to disabled bathroom layout to facilitate BCA compliance;

·              New doors and steps opening on southern elevation of Boatshed Café building to provide pedestrian access from the café to the deck;

·              New ramp to allow disabled access from the footpath to the deck;

·              Installation of three (3) tables and twelve (12) chairs on the northern side of the café for use by takeaway customers; and

·              Re-instatement of an awning to the eastern elevation of the café entrance.

 

The buildings itself has no heritage significance which would be affected by the proposed changes.  The proposed works will not add to the scale or bulk of the building, nor significantly alter its character.  It is considered that the proposed works will not impact on the aesthetic, historic or social significance of the adjacent heritage items or the Botany Bay Conservation Area. 

 

3.    The Subject Site and Surrounding Area

 

The subject site is Crown Land and is identified as Lots 5254, 5255, 5256 & 5257 in Deposit Plan 824002 at 1609–1611 Anzac Parade, La Perouse. The subject premises comprises of an existing café and adjoining deck which is located along the southern end of Anzac Parade, La Perouse abutting a public (beach) recreation area and overlooking Frenchman’s Bay. The subject site is within the southern corner of Frenchman’s Bay, within Botany Bay, and is adjacent to the La Perouse Museum. The surrounding area has significant heritage and cultural value.

 

The “Boatshed Café” is located on Lot 5254 & part Lot 5255 and comprises a 2-storey rendered masonry building with basement floor space at the water line.  The boatshed premises provides for the hiring of boats and fishing tackle at the basement level and has a takeaway food outlet and restaurant at ground floor level and manager’s residence above. The adjoining timber deck is located on Lot 5257 and immediately abuts the café building along its southern elevation. Lot 5256 provides access between the deck and the road.

 

The site has a total area of 550.25m². This is inclusive of all lots: 

 

·      Lot 5254 – 212.8m²

·      Lot 5255 – 47.63m²

·      Lot 5256 – 21.86m²

·      Lot 5257 – 267.97m²

 

The deck has a floor area of 251.95m², the verandah is 52.3m², and the main Café is 116.2m².

 

The site is located between Anzac Parade and Frenchman’s Bay, opposite the Botany Bay National Park on the La Perouse peninsula.

 

No other buildings adjoin the subject site which enjoys a prominent elevated beachfront position. The site is set in the immediate surrounds of the Botany Bay National Park and a short distance from several other commercial food outlets located to the north-east of the “Boatshed” fronting Endeavour Avenue and Anzac Parade. A residential precinct including a new residential flat building is located further to the north of the food outlets. Opposite the site up the hill to the east is the Botany Bay National Park and museum.

 

The southern extent of Anzac Parade is predominantly grassed public open space comprising historic monuments/buildings and pedestrian walkways.

 

 

 

 

 

 

 

 

 

 

Photographs of the site and surrounds

1. The existing two (2) storey building

2. Deck to be refurbished. 

3. Subject site in relation to foreshore and nearby commercial development to the east.

4. View of deck to the west of the building.

 

4.    Application History

 

The site has been the subject of a number of previous applications in connection with the use of the premises as a boat shed and food premises. The most recent and relevant consents being: -

 

DA/482/1991 – approved 22 April 1992 for alterations and additions to the existing building for boat hire and a takeaway food facility with provision for 15 seats over a 45.4m2 floor areas.

 

DA/482/1991/A – approved 8 March 1993 to amend the conditions of consent.

 

DA/53/1999 - approved at the Health Building & Planning Committee Meeting of 7 March 2000. The consent detailed alterations and additions to the building to provide for restaurant style dining with seating for 75 patrons within the building and the adjoining deck at the rear of the building. Other works included: -

·      Installation of an ice vending machine in the front of the premises.

·      Install plastic sheeting/blinds around the deck for weather protection

·      Provide an additional 50 chairs with tables located out on the deck and additional 10 chairs with tables inside (ground floor)

·      Extend the food service to a restaurant style service on the deck (the fast food takeaway food business still operates)

·      Re-instate material awning to the northern elevation.

·      Use of room behind the counter for wash up and storage.

·      Replace the existing painted sign and provide external illumination.

 

DA/142/2002 – approved at the Health Building & Planning Committee Meeting of 10 September 2002. The consent details the use of the existing deck adjoining the café into an outdoor dining area providing seating for 84 patrons beneath 7 retractable umbrellas. The dining area is proposed to operate between 10.00am to 5.00pm, Monday to Friday, 9.00am to 6.00pm Saturday to Sunday, and 9.00am to 11.00pm Friday to Sunday during daylight saving. The application also included the rectification of the maritime structure and installation of safety rails.

 

DA/76/2009 - A report recommending approval of the original development application was considered at the Planning Committee meeting on 10 November 2009 where Council resolved to refuse the application.

 

Note: It should be noted that the current application is substantially the same as works approved under DA/142/2002. However, DA/142/2002 has since lapsed as no works have been commenced. The main changes from the previous consent relate to the additional 12 seats on the northern side of the cafe building for takeaway customers to utilise together with the reinstatement of an awning & illumination of the existing signage to the eastern elevation fronting Anzac Parade.

 

5.    Community Consultation

 

5.1 Objections

The subject application has been notified and advertised from 31 March 2010 to 16 April 2010 in accordance with the provisions of Development Control Plan – Public Notification of Development Proposals and Council Plans. In response, one submission was received from David Crane and Associates Planning Consultants acting on behalf of Tirami Pty Ltd (proprietors of Danny’s Seafood Restaurant at No. 1605 Anzac Parade) reiterating the concerns and issues raised in the submission for the original application (i.e. insufficient parking, installation of umbrellas and interpretive sign).

 

Comment:

In terms of parking, Council’s Development Engineers have assessed the application and raised no objection to the proposal on traffic/parking grounds. It should be noted that the original application was supported by a parking study including a detailed parking analysis which concluded that the availability of the on-street parking in the surrounding area is sufficient to meet the application’s deficiency (refer to Section 8.3 of this report for detailed assessment.    

 

With respect to the visual impact relating to the proposed umbrellas and interpretive sign, appropriate conditions of consent have been included to ensure that all furniture including the umbrellas to be removed when the outdoor area is not operational and further consultation and liaison with the applicants and Council to develop appropriate wording and graphics for the proposed signage to ensure consistency with National Park and Council Interpretation Plan in the area.

 

6.    Technical Officers Comments

 

Given that the proposal remains substantially the same development, the comments previously provided by the relevant Council officers (i.e. Heritage Planner, Environmental Health Officer, Building Surveyor, Development Engineer) and external authority (i.e. NSW Police) are still applicable and the relevant conditions have been included in the recommendation of this report.

 

7.    Land and Property Management Authority

 

The owner of the site (Land and Property Management Authority) has provided written confirmation regarding the current commercial lease with the applicant/operator of the subject business and indicates that the proposed whilst this areas is development represents a substantial enhancement of Crown assests which is consistent with the “triple bottom line” outcomes sought by the Land and Property Management Authority from holders of commercial Crown land tenures. It further states that “should the legitimate endeavours of the Land and Property Management Authority and its client to deliver significant financial, environmental and social benefits to the community be constrained by factors other than the merits of the case, further consideration will be given to the option of a Crown DA.” 

 

Should Council refuse the application, the Land and Property Management Authority has indicated by its letter to Council that it would lodge another development application on behalf of the Crown that Council would not be able to refuse without the consent of the NSW Minister of Planning.

 

8.    Reasons for review

 

The applicant has provided the following reasons for requesting the review:

 

1.      The proposal is inappropriate for the area.

 

Applicant’s Comment:  

The land is zoned Open Space 6(A) under the Randwick Local Environmental Plan 1998 and is within a heritage Conservation Area (Part 4 Heritage Conditions).  A restaurant is permitted in the zone with consent.

 

Objectives of the 6A zone are;

(a)  to identify publicly owned land used or capable of being used for public recreation purposes, and

(b)  to allow development that promotes or is related to, the use and enjoyment of open space, and

(c)  to identify and protect land intended to be acquired for the public open space.

(d)  to identify and protect natural features that contribute to the character of the land, and

(e)  to enable the sustainable management of the land

 

The proposed inclusion of shaded outdoor dining facilities compliments the existing approved use for the Boatshed Café. The protected seating area provides an attractive setting for patrons to enjoy the vistas of the surrounding area without necessarily being subjected to full sun. Land surrounding the site is well utilised by the visitors for recreation and refreshment facility purposes. 

 

Since lodgement of the original DA in January 2009, Randwick Council has received 2009 grant funding ($100,000) from the Department of Planning to supplement previous 2005 funding  ($35,000) for the for the upgrade of the Coastal Walk at La Perouse. Council officers indicate this and related works known as the “La Perouse Coastal Walk and Loop Road Upgrade” are anticipated to commence mid-2010.  The proposed upgrade of the deck and provision of expanded tourist refreshment facilities compliments these tourist related works.

 

The subject site is not included as an Item of Environmental Heritage in Schedule 3 of Randwick LEP 1998 but is within the Heritage Conservation Area of the La Perouse peninsula. The proposed use of the deck will involve substantial cosmetic upgrading to make it safe and attractive for patrons.  While the proposed use of the deck involves the erection of umbrellas and placement of dining tables/chairs which would be readily visible, these may be removed at any time.

 

Given the temporary and moveable nature of the deck “furniture” and the minor nature of external alterations to the café building the proposal is not considered to have a detrimental impact on the heritage significance of the Conservation Area. No objections to the 2009 DA were raised by Council’s Heritage Planner.

 

Clause 29 Foreshore Scenic Protection Area: - The proposed upgrading of the deck will greatly enhance its appearance from the water. The inclusion of removable furniture including the large beach umbrellas is considered to be consistent with the beach front location.

 

Council’s Comment:

 

Agreed. The proposal is considered to be suitable for the site, having regard to the objectives and considerations of the relevant Clauses of the LEP.

 

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

 

Applicant’s Comment

The proposal incorporates expanded outdoor seating which is consistent with other refreshment facilities in the locality including Paris Cafe, Danny’s Seafood Restaurant fronting Endeavour Avenue which are not required to provide additional parking for outdoor seating. Specific examples where nil additional patron parking requirements in the vicinity have been imposed include;

 

·       DA 571/1997 issued 14/1/98 to operate outdoor seating in association with an existing cafe (1605 Anzac Parade “Dannys Seafood Restaurant”)

 

·       DA 692/2003 issued 11/9/03 to enlarge existing outdoor terrace (1605 Anzac Parade “Dannys Seafood Restaurant”).

 

These consents are in addition to the (indoor) seating approved to be increased from 100 to 150 seating capacity pursuant to DA 57/1999 (consent issued 7/6/1999). 

 

More recently food establishments have opened fronting Anzac Parade for which additional patron parking has not been required. Further it is noted;

 

·       Council previously approved DA 142/2002 for additional outdoor seating associated with the deck in 2002. The main changes from the previous consent relate to the additional 12 seats on the northern side of the cafe building for take-away customers to use together with the re-instatement of an awning, illumination of existing signage to the eastern elevation fronting Anzac Parade.    

·       A Traffic and Parking report in support of the proposal accompanied the DA submission. Council’s engineer also supported the proposal for outdoor seating stating in the 10/11/09 report to Planning Committee that;

 

·           The deck comprises the remnants of the former Stannard Bros boatshed which would have had had associated traffic/parking requirements. No increase in the gross floor area of the deck is proposed.    

 

Council’s Comment:

 

Council’s Development Engineers have reviewed the subject application and raise no objections to the proposal on traffic/parking grounds.

 

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

 

Applicant’s Comment:

Cafe Building: The external alterations to the main cafe building are minimal comprising new door and steps, 3 x tables/12 chairs, an awning & illumination of existing signage facing Anzac Parade. The Boatshed Cafe building is existing and will not be substantially altered by the proposed changes.

 

Deck: The adjoining deck comprises the remnants of the former Stannard Bros boatshed and is currently in a state of disrepair.  The proposal seeks to enhance the safety and appearance of the deck so that it becomes an attractive and useful asset to the foreshore area.  The only new items which are proposed in addition to the reconstructed deck are umbrellas, seating and tables which are removable during adverse weather conditions and planter boxes which will enhance the deck’s appearance. The provision of outdoor dining and beach style umbrellas are common features to the La Perouse foreshore area.  Refer Figure 1.

 

 

The Department of Lands as owners of the deck have advised that they have no intention of demolishing the historic deck and fully support its restoration in conjunction with the proposal to provide an outdoor dining area.  They have further requested the applicant acknowledge its former historic significance and relationship to the foreshore locality by installation of an interpretative sign adjacent to the pedestrian pathway. The provision of the interpretive sign is reflected in the plans at Annexure 1 – Ground Floor Plan.

 

Council’s Comment:

It is agreed that the proposed development is unlikely to result in any significant adverse impact on the probable aesthetic appearance of the foreshore scenic protection area. The proposed upgrade and refurbishment of the existing café including new outdoor seating will improve the appearance of the subject premises from the foreshore area. The inclusion of the furniture including the large umbrellas is considered to be compatible within the surrounding beach environment and a relevant condition has been recommended which require the removal of all furniture including the umbrellas from the outdoor dining area outside the approved operating hours.

 

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

 

Applicant’s Comment:

Subsequent DA Consents: The 1993-1995 events have been superseded by Council’s subsequent approvals for use of the cafe and adjacent deck issued 22 April 1992, 17 March 2000 & 10 September 2002 outlined in Section 2 above. The granting of the DA consents is considered tacit approval for the continuation of the cafe use.

  

Frenchmans Bay Plan of Management: It is further noted in May 2002 Council adopted the “Frenchmans Bay Plan of Management”.  Page 10 of the Plan specifically addresses the Boatshed Cafe (formerly known as “Pete’s Boatshed”).  The Plan states (in part) “The operators of Pete’s Boatshed also recently sought owner’s consent from DLWC to convert the unused decking adjoining the boatshed (remains of mainly demolished Stannard Bros boatshed located to the south-west) for use as an outdoor dining area.

 

Council Support: The decking is situated within reserve number R77947.  DLWC wrote to Council to determine whether Council had any objections to the lodging of the development application.  Council resolved on 18 September 2001 to advise DLWC that “it did not object to the lodgement of a development application for the use of the former Stannard Bros deck for the purposes of outdoor seating/dining associated with the adjoining commercial use”.      

 

More recently, with respect to the current Crown Lease, Council wrote to Regional Manager Department of Lands (12 August 2008) stating (in part) “We are in agreement with your proposal to enter into a Section 34A lease subject to payment to Council for the rental income in respect to Lots  5256 and 5257”.   A Section 34A lease for Lots  5254, 5255, 5256 and 5257  DP 842002  subsequently commenced 6 April 2009 for 21 years. 

 

Council Comment:

Noted. The owner of the site (Land and Property Management Authority) confirmed that the applicant has entered into a new commercial lease, for a term of 21 years on 6 April 2009. The Land and Property Management Authority also indicates that the proposed development represents a substantial enhancement of Crown assets which is consistent with the “triple bottom line” outcomes sought by the Land and Property Management Authority from holders of commercial Crown land tenures.

5.      The proposal is not in the public interest.

 

Applicant’s Comment

Deck: The deck is an existing structure currently in poor repair, which would benefit from the subject proposal to upgrade for use by visiting patrons.  La Perouse has a long established history of tourism and refreshment facilities.  The recent granting of $100,000 grant funding by Department of Planning and Council’s 2010 commitment to upgrade the pathways/parking areas around the La Perouse (Anzac Parade) loop road is testimony to their intention to facilitate La Perouse as an on-going tourist destination. 

 

Historic Information: The revitalisation of the remnant Stannard Bros structure with together with the proposed interpretative plaque will enhance historical appreciation by locals and visitors using the coastal walk who would otherwise be unaware of its origins/significance. 

 

Disabled Access: A further benefit of the proposal is the introduction of an accessible ramp to the deck so that a larger proportion of the community can enjoy outdoor dining conveniently located with respect to the coastal walk. The increased outdoor dining area above the water facilitates disabled persons connection to the foreshore/beach area.  A notable public benefit is the proposed amendments to the approved disabled toilet facilities to achieve compliance with current BCA access provisions.

 

Food and Beverage outlets on Crown Reserves:  The proposal is consistent with the Crown’s Policy document (December 2004) which considers food and beverage outlets to be acceptable on public reserves except where nominated for certain purposes (environmental protection, rural services, travelling stock, urban services and water).  Cafes and restaurants are considered acceptable where it is “ancillary and supportive of the reserve”. 

 

The cafe is located at the southern end  of  Frenchmans Bay and comprises a minimal footprint on the foreshore area. The proposal does not contravene the unacceptable criteria which essentially prohibits fast food outlets that service a passing trade rather than reserve users or restaurants that serve only substantial meals or comprise a licensed premises (hotel) other than those with “on license (restaurant)” which cannot be regarded as ancillary to the public reserve purpose.      

 

Accordingly the proposal to upgrade this foreshore area asset to promote access enjoyment by a wider section of the community is not contrary to the public interest In fact the proposal would greatly enhance enjoyment of persons visiting the foreshore area and notably those using the Coastal Walk which Council is in the process of upgrading.   

 

Council’s Comment

The site is well located in terms of distance from sensitive land uses and proximity to the beach and other tourist attractions. The restoration of a dilapidated deck and expansion of the existing café restaurant with shaded dining area will provide patrons with protection from the elements whilst enjoying the surrounding scenic area. This will serve to meet the needs of the broader community and enhance the recreational function and capacity of the adjoining opening space while supplementing the established boat hire use.  For these reasons, it is considered that the proposal is in the public interest.

 


8.1      Substantially the same development.

As noted previously, the proposal remains substantially the same development as described in the original application.

 

9.    Section 79C Assessment:

 

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

 

9.1      Randwick Local Environmental Plan 1998 (Consolidation)

The site is zoned 6A Open Space under Randwick Local Environmental Plan 1998 (Consolidation) and is within the Botany Bay National Park Conservation Area. The proposed development is permissible with Council’s consent.

 

The relevant objectives of the zone 6A Open Space as contained in Clause 18 of the LEP are:

 

(a)    To identify publicly owned land used or capable of being used for public recreational purposes, and

 

(b)    To allow development that promotes, or is related to, the use and enjoyment of open space.


The proposed alterations and additions to the existing café are considered to facilitate the use of the publicly owned for recreational purposes and allows for a use that relates to the enjoyment of the surrounding open space. The proposal improves the capacity of the existing café to cater for patrons and provides a greater level of amenity for the surrounding scenic recreational area. The proposal is considered to meet the relevant objectives of the zone.  

 

The following clauses of the LEP apply to the proposal:

 

Clause 38 – Development in open space zones

Clause 38 of Randwick LEP 1998 states that Council may grant consent to the development of land within zone 6A if it is satisfied that the proposed use is suited to that location and the use is consistent with any plan of management prepared for the area. In addition, consideration must be given to the need for the proposed development, if it relates to the use and enjoyment of the open space, the impact upon the likely future use and character of the land and the need to retain the land for its existing or likely use.

 

The proposed alterations and additions improve the amenity of the existing café and promote the objectives of the zone. The proposal satisfies the provisions of Clause 38 of the LEP

 

Clause 38(2) requires the consideration of a number of issues when determining an application to carry out development on land zoned 6A. The relevant issues are discussed below.

 

(a)    The need for the proposed development on that land

It is considered that the utilisation of the existing deck for dining would allow for the increased level of service provision to patrons of the boatshed café. Further, there is a genuine need for additional outdoor dining areas for patrons of this cafe, particularly during the summer months.

 

(b)  Whether the proposed development promotes or is related to the use and enjoyment of open space.

The proposed development is related to the use and enjoyment of open space. The use of the deck for outdoor dining would allow the community to benefit from the scenic qualities of the locality.

 

(c)   The impact of the proposed development on the existing or likely future use and character of the land.

The proposed development will not result in any adverse environmental impacts on the public domain in terms of overshadowing, access to pedestrian walkways etc, and as such will not impact existing or likely future use of the land.

 

Clause 43 - Heritage Conservation

The subject site is located within the Botany Bay National Park Conservation Area and prominently located at the southern end of Frenchmans Bay. The coastal area to the south and east of the site are within the Botany Bay National Park Conservation Area while the area to the north is under the care and control of Council. 

 

Under Clause 43 of the LEP, Council must consider the likely effect of the proposal upon the significance of the heritage item or heritage conservation area.

 

The proposal has been reviewed by Council’s Heritage Planner there are no heritage objections to the proposal. The proposed works will not adversely impact on the heritage value of the heritage items in the vicinity and the aesthetic, historic or social significance of the adjacent heritage items or the Botany Bay Conservation Area.

 

9.2 Draft Conservation Management Plan for La Perouse Headland

It is noted that a Draft Conservation Management Plan for La Perouse Headland has recently been prepared for the NSW Department of Environment and Climate Change Parks and Wildlife Group. The Plan provides a general interpretative approach and recommends the preparation of an Interpretation Plan of the site within a medium term (1-15 year) time frame.  While the Interpretation Plan for the site is unlikely to be complete prior to the design of proposed interpretative signage on the subject site, the list of themes and messages for interpretation can still be used for the proposed interpretative sign on the subject site. A condition of consent has been included in the recommendation of this report requiring consultation with Council prior to the installation of signage to ensure maximum consistency with National Park and Council interpretation in the area. 

 

9.3 Development Control Plan – Parking

The following is an extract of the Development Application report that was considered at the Planning Committee meeting of 10 November 2009 regarding car parking:

  

The proposal seeks to increase the usable restaurant dining/café area by approximately 230 square metres, (222 square metres of deck on the southern side of the existing development and approximately 8 square metres of new take away seating on the northern side of the existing development).

 

In accordance with Council’s DCP-Parking, the proposed additional seating areas would require the provision of 9-10 spaces, (2 spaces for the first 80m2 and 7.5 spaces for remaining 150m2). However, the development does not, and cannot, provide any additional onsite parking. This in ability to provide onsite parking is a significant issue in the consideration of the application.

 

Following consultation between the applicants and Council’s Manager Assessment Planning, Development Engineers and Planning Officer, current parking surveys were requested and a detailed parking analysis in support of the application was required to support the determination of the application.

 

The applicant has subsequently submitted parking surveys undertaken in June 2009, outside the peak summer months. Therefore, the figures detailed will not reflect the yearly peaks/patterns in parking demand.

 

The parking surveys indicated that sufficient on-street parking was available to meet the application’s parking deficiency as calculated using DCP-Parking. The Sunday lunchtime survey revealed a very high occupancy rate. The applicant’s traffic/parking consultant has stated that the survey did not cover at least 200 spaces located on Anzac Parade, north of the loop road.  These spaces would still be considered as conveniently located with respect to the development site and capable of use by patrons of the cafe.

 

Further, Council’s DCP-Parking states the following with respect to parking requirements for Footway Restaurants:

 

“Where the development is for the purpose of a restaurant on the footway of a public road, or on community land no additional off-street parking will be required.”

 

An argument could be made that the proposed development is for the purpose of a restaurant on public land.

 

Council’s Development Engineers have assessed the application and raise no objections to the proposal on traffic/parking grounds.

 

9.4 Frenchman’s Bay Plan of Management

The Frenchman’s Bay Plan of Management provides Council with a set of policy and management directions for the future enhancement and management of the area as a whole.

 

It is considered that the proposed development is consistent with the relevant guiding principles contained in the plan. The proposal will also be required to comply with the DLWC policy on “Food and Beverage outlets on Crown Reserves”.

 

9.5 Section 94A Contributions

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost

$100,001 - $200,000

Not applicable

0.5%

Not applicable

Development Cost

More than $200,000

$374,750

1.0%

$3,747.50

 

10. Environmental Assessment

 

Landscape & Scenic Quality

The proposal involves the use of shrubs in concrete planters which will enhance landscape and scenic quality of the area. In relation to the proposed umbrellas it is not envisaged that the visual quality of the foreshore will be diminished due to their modest scale.

 

Noise and Amenity

The proposal seeks to refurbish the deck adjoining the café to accommodate and additional 84 patrons and 12 patrons on the northern side of the café. The extended outdoor dining area accommodating more patrons will result in intensified use of the area immediately outside of the establishment. As such, the applicants were requested to submit an acoustic report, as well as a Plan of Management to demonstrate the proposal will not adversely impact the surrounding area in terms of excessive noise.

 

The Boatshed café is located sufficiently away from residential premises and is subject to vehicular traffic throughout the day and night. There are also a number of other commercial premises operating on the intersection of Endeavour Avenue and Anzac Parade that have indoor and outdoor dining associated with their commercial use. Further, the café does not propose to operate past midnight.

 

The applicants have demonstrated the proposal’s compliance with required noise criteria and appropriate conditions have been included as part of any consent. It is therefore considered the proposal can comply with required criteria and will not result in any unreasonable adverse impacts to the amenity of the surrounding area, and nearby commercial and residential dwellings.

 

Public Interest

The site is well located in terms of distance from sensitive land uses and proximity to the beach and other tourist attractions. The expansion of a food outlet with shaded dining area will provide patrons with protection from the elements whilst enjoying the surrounding scenic area. This will serve to enhance the recreational function and capacity of the adjoining opening space while supplementing the established boat hire use. It considered that the proposal is in the public interest.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6:       A Liveable City.

Direction 6b:      Our town centres, beaches, public places and streets are safe, inviting, clean and support a recognisable image of our city.

Direction 6c:      The safety of our community is paramount and is acknowledged and supported through proactive policies, programmes and strategies.

Outcome 7:       Heritage that is protected and celebrated.

Direction7a.       Our heritage is recognised, protected and celebrated.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The subject application has been reviewed taking into account of the reasons and arguments submitted by the applicant. Having regard to all relevant matters for consideration, the proposal is considered to be acceptable and should not result in any significant adverse impact upon the amenity of the nearby properties and the character of the locality. 

 

For the above reasons, it is recommended that Council’s determination of the original development application should be rescinded and the application should be approved subject to conditions.

 

 

Recommendation

 

A.     That Council’s original determination of Development Application No. 76/2009 dated 16 November 2009 for restoration of the existing timber deck to be used as an outdoor dining area associated with the 'Boatshed Cafe', adjustment of disabled toilet layout, planting, and new signage at 1609-1611 Anzac Parade, La Perouse, be rescinded.

 

B.     That Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/76/2009 for restoration of the existing timber deck to be used as an outdoor dining area associated with the 'Boatshed Cafe', adjustment of disabled toilet layout, planting, and new signage at 1609-1611 Anzac Parade, La Perouse, subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans numbered 01, 02, 03, 04, & 05, dated January 2009 and received by Council on 28 April 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:

 

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

 

2.       The colours, materials and finishes of the external surfaces to the deck 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.       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.

 

4.       The wording and design of the proposed interpretative sign adjacent to the entrance to the building must be developed in conjunction with Council to ensure maximum consistency with National Park and Randwick City Council interpretation in the area.  Details of the sign are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development. 

 

5.       The southern deck must not be further enclosed by way of transparent or opaque screens, blinds, walls, windbreaks etc., whether fixed, operable or removable. 

 

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

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost

$100,001 - $200,000

Not applicable.

0.5%

Not applicable.

Development Cost

More than $200,000

 

$374750

1.0%

 

$3747.50

 

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

 

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

 

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

 

7.       The L10 noise level emitted from the licensed premises shall not exceed the background noise level (L90) in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) by more than 5dB between 7.00am and 12.00 midnight at the boundary of any affected residence.  The background noise level shall be measured in the absence of noise emitted from the licensed premises.

 

The LA10 noise level emitted from the licensed premises shall not exceed the background noise level (LA90) in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) between 12.00 midnight and 7.00am at the boundary of any affected residence.  The background noise level shall be measured in the absence of noise emitted from the licensed premises.

 

Notwithstanding compliance with the above, the noise from the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am. 

 

8.       A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council one month after the commencement of use of the outdoor area, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services.

 

9.       The outdoor deck on the western side of the building is restricted to 84 persons.

 

10.     The outdoor area on the northern side is restricted to 12 persons.

 

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

 

Monday - Thursday: 10.00am to 5.00pm

Friday  - 10.00am to 6.00 pm and up till 11.00pm

(during daylight saving).

Saturday - Sunday :  9.00am to 6.00 pm and up till 11.00pm

(during daylight saving).

 

12.     All furniture must be removed from the outdoor dining area outside the approved operating hours stipulated in condition 11 of this consent.

 

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:

 

13.     The use and operation of the outdoor dining area shall not give rise to an environmental health nuisance to the adjoining/nearby premises or environment.

 

14.     There must be no emissions or discharges from the outdoor dining area, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

15.     There must be no entertainment, amplified music, speakers or announcements on any part of the premises, at any time.

 

16.     A Plan of Management shall be submitted to and approved by Council prior to an occupation certificate being issued for the development, which will ensure the use of the outdoor dining area and noise emanating from the use of the outdoor dining will have no adverse impact on the surrounding residential community at any time. 

 

The plan shall detail the measures to be implemented to: 

 

§  provide contact emergency numbers.

§  ensure compliance with the relevant conditions of approval,

§  minimise the potential impact of the operation of the outdoor dining area upon nearby residents,

§  effectively minimise and manage anti-social behaviour,

§  minimise noise emissions and associated nuisances,

§  effectively manage and respond to resident complaints.

 

The approved Plan of Management is to be implemented throughout the operation of the outdoor dining area, to ensure the use and noise emanating from the outdoor dining area will have no adverse impact on the surrounding residential community at any time.

  

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

 

Regulatory

 

17.     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.

 

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

 

19.     Prior to the commencement of any building works (including fit-out works), a construction certificate must be obtained from the Council’s Building Certification Services or an Accredited Certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

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

 

i)      appoint a Principal Certifying Authority, and

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

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

 

25.     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.

26.     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.

 

Fire safety

27.     The existing levels of fire and safety within the building are to be upgraded in accordance with the following requirements and the fire safety certificate provisions of Part 9 of the Environmental Planning and Assessment Regulation 2000 must be complied with, prior to issuing an occupation certificate:

 

a)     The following works are to be undertaken in accordance with the specified provisions of the Building Code of Australia (BCA), as applicable:

 

1)     The commercial area is to be fire separated from the residential area of the building, by installing a wall having a -/60/60 fire resistance level,

 

2)     Smoke alarm/s complying with AS3786 (connected to the electrical mains power system and provided with battery back-up) must be installed and interconnected within the residential occupancy and ground floor restaurant, located and designed generally in accordance with specification E2.2a of the BCA,

 

3)     Provide illuminated exit signs to the ground floor exits , in accordance with clause E4.5 & E4.7 of the BCA,

 

4)     Provide portable fire extinguisher/s within the restaurant/kitchen area and adjacent to any internal electrical switchboard, in accordance with clause E1.6 of the BCA,

 

5)     Provide a non-combustible enclosure (e.g. a metal cabinet) with seals to prevent the passage of smoke to any electricity meters and switchboard located in the restaurant

 

6)     Balustrades and handrails to stairway/s, balconies, decks or the like are to be designed and constructed to satisfy clause D2.16 & D2.17 of the BCA,

 

7)     Prior to commencing  the abovementioned works, a Construction Certificate must be obtained from Council’s Building Certification Services or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

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

 

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

 

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

 

Structural adequacy

 

29.     A Certificate prepared by a professional engineer, shall be submitted to the Principal Certifying Authority (and the Council if Council is not appointed as the Principal Certifying Authority) prior to the issuing of a Occupation Certificate, certifying the structural adequacy of the existing structure to support the proposed new dead and live loads and the balustrading to the deck/balconies and verandah.

 

Building & demolition works

 

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

 

·           Occupational Health and Safety Act 2000

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·           WorkCover NSW Code of Practice and Guidelines

·           Australian Standard 2601 (2001) – Demolition of Structures

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

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

 

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

 

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

 

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

 

b)     A Demolition Work Plan must be developed and implemented in accordance with Australian Standard AS 2601-2001, Demolition of Structures.

 

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

 

d)     Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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 & Regulatory Services department.

 

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

 

f)      Public safety must be maintained at all times and public access to demolition/building works, materials and equipment on the site is to be restricted. If required, a temporary 1.8m high safety fence or hoarding is to be provided to protect the public, located between the work site and the public place. An awning may also be required to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

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

 

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

 

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

 

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

 

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

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

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

 

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:

 

35.     The use and operation of the premises shall not give rise to an environmental health or public nuisance, vibration or, result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

Access & Facilities

The following conditions are applied to provide appropriate access and facilities to the premises:

 

37.     Access and facilities for people with disabilities must be provided to new building work in accordance with any relevant provisions of the Building Code of Australia, to the satisfaction of the Certifying Authority and details are to be provided with the Construction Certificate application.

 

Wherever practicable, existing buildings are to be upgraded to provide reasonable provisions for people with a disability, to the satisfaction of the Certifying Authority (e.g.- provision of an entrance ramp having a maximum grade of 1 in 8).

 

Waste Management

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

 

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

 

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

 

The operator of the business must also arrange for the recycling of appropriate materials and make the necessary arrangements with an authorised waste services contractor accordingly.

 

Security Deposit Conditions

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

 

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

 

a)   $1000.00   -      Damage/Civil Works Security Deposit

 

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

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

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

 

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

 

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

 

Traffic conditions/Civil Works Conditions

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

 

40.     Prior to the issuing of an Occupation Certificate the applicant must meet the full cost for Council or a Council approved contractor to undertake any works required within the Anzac Parade road reserve to link the proposed outdoor restaurant and entry ramp with the existing concrete footpath in Anzac Parade.

 

41.     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.

 

42.     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.

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

 

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

 

Alignment Level Conditions

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

 

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

 

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

 

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

 

46.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $88 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Service Authority Conditions

The following conditions are applied to provide adequate consideration

for service authority assets:

 

47.     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.

 

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

                                         

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

 

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

 

49.     Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant must liaise with Energy Australia prior to lodging the construction certificate to determine whether or not an electricity substation is required for the development.

 

Waste Management Conditions

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

 

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

 

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

 

The following conditions are imposed to provide reasonable levels of environmental amenity and public safety and convenience:

 

51.     The outdoor dining area is required to comply with the relevant requirements of Council’s Development Control Plan for “Footpath Dining & Trading”.

 

52.     The Licensee must keep in full force and effect for the term of the license agreement established, a policy of public risk insurance with respect to the licensed area and the business undertaken by the Licensee therein. The limit of public risk shall be not less than $10,000,000 or such other sum as the Department of Lands may reasonably nominate in writing from time to time as the amount which may be paid arising out of any one single accident or event. The policy must also satisfy the following requirements:

 

a)     The policy shall extend to cover death or injury to any person and damage to property of any person sustained when such person is using or entering the licensed area.

b)     The policy must name the Department of Lands as the owner and the Licensee as the insured and must contain a clause that the insurer will not cancel or change the insurance without first given the Department of Lands ten (10) days prior written notice.

c)     The insurance must be with an insurer approved by the Department of Lands and a copy of the policy or a certificate of insurance shall be delivered by the Licensee to the Department of Lands. 

 

ADVISORY MATTERS:

 

A1    The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

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.

 

A2    The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act.  In this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

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

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

25 May 2010

 

 

 

Director City Planning Report No. CP33/10

 

 

Subject:                  1 Day Lane, Kensington

Folder No:                   DA/22/2010

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Use of the southern-most bowling green at the Kensington Bowling Club as a multi-purpose sports pitch consisting of 2 x fields; construction of perimeter fencing with netting above, installation of 8 x 5m high light posts and provision of artificial grass surface; and proposed hours of operation from 9am to 10pm, 7 days a week

Ward:                      West Ward

Applicant:                Kensington Bowling Club Pty. Ltd.

Owner:                         NSW Land and Property Management Authority

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan


1.      Executive Summary

 

The development application is referred to Council as the proposal involves works in a public open space.

 

The subject application was advertised and notified from 27 January to 10 February 2010. A total of 28 submissions and 4 petitions with 140 signatures were received at the conclusion of the public consultation process. The issues raised in the submissions have been addressed within the body of this report.

 

The application has been assessed against the relevant matters for consideration prescribed under Section 79C of the Environmental Planning and Assessment Act 1979, as amended.

 

The subject site is located within Zone No. 6A (Open Space Zone) under RLEP 1998. The proposed use is defined as “recreation” under Clause 49 of the LEP and does not require development consent. However, the proposed physical structures are defined as a “recreational facility” and are permissible with Council’s consent.

 

The proposed development will convert a currently disused bowling green into a modern multi-purpose sports facility. The proposal would increase access by members of the public to an outdoor recreational resource within an established district park, which would otherwise be left underutilised. The sports pitch is located entirely within the boundary of the bowling club and will not reduce opportunities for other more passive recreational activities being carried out in Kensington Park.

 

The proposed development meets the objectives and performance requirements of Council’s planning controls.

 

The proposed operation hours of the facility are 9am to 10pm, 7 days a week.

 

The locality is subject to high parking demand from competing user groups, including university students, commuters and local residents. The proposed sports pitch is capable of generating additional parking demand and exacerbating congestion in the local streets. Notwithstanding, the submitted traffic report indicates that there is sufficient kerb side parking supply after business hours during weekdays. Therefore, a specific condition is recommended to restrict the opening hours of the facility to after 5:00pm during weekdays, so that the peak demands of different users for parking would not coincide. The parking supply during weekends is satisfactory and the condition will generally allow operation during day time and the evenings.

 

The abovementioned special condition will restrict the operation of the facility to the following hours:

 

Monday:           5:00pm to 9:00pm

               Tuesday:          5:00pm to 9:00pm

               Wednesday:      5:00pm to 9:00pm

               Thursday:         5:00pm to 9:45pm

               Friday:              5:00pm to 9:45pm

               Saturday:          8:30am to 9:45pm

               Sunday:            9:00am to 8:30pm

 

The above restriction on operation hours would also ensure light overspill and noise impacts on the surrounding residential uses would be minimised.

 

It is considered that the potential environmental and amenity impacts of the development can be appropriately managed and minimised, subject to compliance with the recommended conditions of consent. The development scheme, on balance, is considered satisfactory from an urban planning perspective. Therefore, the proposal is recommended for approval subject to conditions.

 

2.      The Subject Site and Surrounding Area

 

Kensington Park is a district public park consisting of a sports oval, a bowling club and landscaped open areas. The subject site is described as Lot 7112 in DP 94001, No. 1 Day Lane. The site forms the eastern extremity of Kensington Park and is a Crown land reserve dedicated for public recreational purposes. The approximate dimensions and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern, Barker Street boundary

40m

 

Southern, Edward Avenue boundary

42m

 

Eastern, Day Lane boundary

135m

 

Western, side boundary

152m

 

 

 

5770m2

 

At present, the site is occupied by the Kensington Bowling Club, which comprises 3 x bowling greens and a single-storey club house building. The proposed development relates to the currently disused bowling green located in the southern most section of the site.

 

The site is adjoined to the west by Kensington Oval. The oval is presently a venue for a range of organised sports activities, including cricket, rugby and football games and training.

 

The areas to the north, south and west are predominantly characterised by lower density detached residential developments. To the east of the site across Day Lane are a Council nursery and a scout hall. A mixture of detached, semi-detached and multi-unit residential developments is located further to the east.

 

X

 

Figure 1 Aerial view of the subject site and surrounding environment; the subject development zone is denoted “X”

 

Figure 2 The subject bowling green as viewed from the intersection of Day Lane, Strachan Street and Edward Avenue ; the club house building is seen in the background

Figure 3 The subject bowling green as viewed from the north-south pathway within Kensington Park

 

Figure 4 Day Lane looking south with the club house seen on the right

 

 

3.      The Proposal

 

The proposed development is for conversion of the presently disused bowling green located in the southern most part of the site into a multi-purpose sports pitch consisting of two (2) x fields, each of approximately 33m x 17m in dimensions. The proposal features the followings:

 

Land use

·           The sports fields are designed to cater for a variety of team sports and recreational activities, including training, coaching, leagues tournaments and general play. The facility will be open to the general public.

 

·           Seating for up to approximately 60 spectators will be provided in the open areas adjacent to the pitch.

 

·           The proposed use will utilise the existing toilet amenities within the club house building.

 

Operation hours

·           9am to 10pm, 7 days a week

 

Building works

·           Replacement of the existing grassed surfaces of the disused bowling green with artificial turfs.

·           Installation of 2.4m high metal mesh fencing along the perimeter of the sports pitch. The mesh panels will be affixed to 5.0m high posts at the corners and mid points of the pitch. High tensile nylon netting of 2.6m in height will be attached to the top of the fencing. The total height of the structures will reach up to 5.0m as measured from the ground.

·           Installation of a total of eight (8) x floodlights above the 5.0m high metal posts at the corners and mid points of the sports pitch.

·           Minor excavation to accommodate trenching and foundation works.

 

4.      Site History

 

4.1    Previous development proposals relating to the site

There are no recent development approvals relating to the subject site.

 

4.2    Additional information request

A request was made by letter dated 25 February 2010 for the submission of the following additional information:

 

·           A traffic and parking report prepared by a qualified transport engineer, including a survey of the availability of kerb side parking within walking distance from the site, and a detailed assessment of the potential impacts on public parking situation in the surrounding areas.

·           Design specification of the proposed lighting devices.

·           Colours and finishes of the proposed perimeter fencing.

·           Operational characteristics of the proposed land use, including types of sports activities to be undertaken, days of operation, expected number of users and spectators and seating location. 

·           A revised statement of environmental effects addressing the relevant provisions of Randwick Local Environmental Plan 1998.

 

The requested information was submitted to Council on 2 and 24 March 2010. The submitted materials have been assessed and are considered to be satisfactory.

 

5.      Community Consultation

 

The subject application was advertised and notified to the adjoining and nearby properties from 27 January to 10 February 2010 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received at the conclusion of the public consultation process:

 

·      60 Cottenham Avenue, Kensington

·      26 Day Avenue, Kensington / 2A Strachan Street Kingsford

·      209 Doncaster Avenue, Kingsford

·      211 Doncaster Avenue, Kingsford

·      213 Doncaster Avenue, Kingsford

·      237 Doncaster Avenue, Kingsford

·      243 Doncaster Avenue, Kingsford

·      245 Doncaster Avenue, Kingsford

·      274 Doncastser Avenue, Kingsford

·      276 Doncaster Avenue, Kingsford

·      278 Doncaster Avenue, Kingsford

·      279 Doncaster Avenue, Kingsford

·      282 Doncaster Avenue, Kingsford

·      338 Doncaster Avenue, Kingsford

·      48 Howard Street, Randwick

·      61 Houston Road, Kingsford

·      12 Leonard Avenue, Kingsford

·      13 Leonard Avenue, Kingsford

·      18 Mooramie Avenue, Kensington

·      1 Strachan Street, Kingsford

·      5 Strachan Street, Kingsford

·      Kensington Precinct Committee

·      Kristina Keneally, MP

·      5 x anonymous submissions (address withheld)

·      4 x petitions with a total of 140 (101 + 9 + 9 + 21) signatures

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposed fencing will obstruct views of Kensington Oval and adversely impact on the surrounding streetscape. 

The proposed mesh fencing and netting are substantially open and will maintain clear sightlines towards Kensington Oval.

A specific condition is recommended to require submission of details of the finishing colours to Council prior to the issuing of any Construction Certificate, in order to ensure no detrimental streetscape impacts will result.

The application does not clearly specify the height of the netting structures to be installed above the fence. 

The submitted drawings clearly show the height and configuration of the proposed fencing and netting structures. 

The proposed fencing will obstruct sightlines at the intersection of Strachan Street, Edward Avenue and Day Lane, and will result in a traffic hazard.

The proposed fencing is substantially open and will not significantly obstruct sightlines.

The proposed flood lights will create glare and detrimentally impact on the amenity of the surrounding dwellings.

The proposed flood lights will not result in unreasonable glare to the surrounding areas subject to conditions. Refer to the “Environmental Assessment” section of this report for details.

The proposed land use will generate noise and disturbance to the surrounding residences.

 

The anticipated impacts would extend beyond the nominated operation hours as visitors would actually depart from the premises after the official closing time. 

A special condition is recommended to restrict the operation hours of the facility to minimise noise and amenity impacts on the surrounding residents.

 

A further condition is recommended to require the preparation of a plan of management prior to the commencement of the use that includes measures for minimising noise and disturbance to the surrounding residents.

 

Refer to the “Environmental Assessment” section of this report for details.

The proposal will result in traffic congestion and significantly reduce kerb side parking in the surrounding streets.

Refer to the “Parking DCP” section of this report for details.

The proposal would introduce increased traffic to the locality and obstruct access by emergency vehicles.

Refer to the “Parking DCP” section of this report for details.

The application does not indicate arrangements for emergency transport for injured sports players.

A special condition is recommended to require the preparation of a plan of management prior to commencement of the use that includes measures addressing emergency situations.

The application does not specify the types of sports to be conducted in the proposed pitches and the days of operation.

The sports fields are designed to cater for a variety of team sports and recreational activities, including training, coaching, leagues tournaments and general play. The facility is proposed to be open from 9am to 10pm, 7 days a week.

The proposed facility should not operate after 9:30 or 9:45pm.

A special condition is recommended to restrict the operation hours of the facility to minimise noise and amenity impacts on the surrounding residents. Refer to the “Environmental Assessment” section of this report for details.

The proposed use is not consistent with the charter of the Bowling Club. 

This matter is not considered to be relevant to Council’s planning assessment having regard to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979. 

 

Notwithstanding the above, Council in its capacity as Reserve Trust Manager of the subject Crown land, has checked the development proposal and raised no objections to the nature of the use. Approval has been granted by Council to the formal lodgment of the development application.

The proposed use is not consistent with the objective of the zoning under the LEP.

The proposal is considered to be consistent with the objectives of the Open Space Zone under Randwick Local Environmental Plan 1998. Refer to the “RLEP” section of this report for details.

The proposed use is a private business and is contrary to the purpose of Kensington Oval as a public open space for the wider community.

The proposed facility is open to all members of the public. The development is permissible with Council’s consent and is not considered to contradict the objectives of the Open Space Zone stipulated under the LEP.

The application does not contain details on the required management measures relating to: restriction of alcohol consumption on the site, social functions at the club house, waste storage and protection of the amenity of the surrounding streets. 

A special condition is recommended to restrict the serving and consumption of alcohol within the sports fields.

 

A further condition is recommended to require the preparation of a plan of management prior to the commencement of the use that details measures for minimising adverse amenity impacts on the surrounding residents.

 

The holding of social functions within the existing club house is outside the scope of the proposed development and the ambit of this assessment.

The development will exacerbate problems of littering and anti-social behaviour in the locality.

There is no evidence that the proposed development will encourage anti-social behaviour in the locality. Notwithstanding, a special condition is recommended to require the preparation of a plan of management prior to the commencement of the use that details measures for minimising adverse amenity impacts on the surrounding residents.

The proposal will devalue the property prices of the surrounding residential premises.

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

Under-aged sports players will need to enter the club house (being a licensed premises) to access the change rooms.

The liquor licence for the bowling club does not allow the serving of alcohol to under-aged persons.

 

The utilisation of the existing toilets and amenities within the club house is considered to be reasonable.

The proposed development will require removal of established trees.

No tree removal is proposed as part of the development application.

The community has not been properly consulted in relation to the proposal.

The application has been advertised and notified in accordance with the DCP – Public Notification of Development Proposals and Council Plans.

 

6.      Technical Officers Comments

 

Development Engineer

The subject application has been referred to Council’s Development Engineer for assessment. The comments provided are extracted below:

 

Traffic/Parking Comments

A “Traffic and Parking Impact Report” prepared by ML Traffic Consultants, (dated March 2010) was submitted with the application. The peak parking demand resulting from the development has been grossly underestimated. The report fails to consider the period of time when change over of games is occurring and therefore the parking estimates in the report are only half of what could reasonably be expected. The report also fails to adequately consider any spectator parking associated with the development.

 

The SEE submitted with the application provides information on parking behaviour at a similar sized venue on the northern beaches. This study of parking behaviour finds “that at the busiest periods there is a need for 16 car parking spaces per pitch”. This study therefore finds that 32 spaces, (based on 2 pitches), are required for operation of the facility during the busiest periods. Council is of the opinion that the figure of 32 spaces is a more realistic parking requirement than that provided by the traffic consultant.

 

The available carparking survey undertaken by the consultant indicates that sufficient on-street carparking is not available during the day time on week days and therefore the operation hours for the facility should not commence until 5pm on weekdays. The proposed development will have an impact on the streets surrounding the development site however the parking surveys indicate that sufficient on-street parking is available after 5pm on week days and on weekends.

 

General comments

Standard drainage conditions have been included within this report. Onsite stormwater detention is not required. The applicant must liaise with Council to obtain Council’s alignment levels for this development. A condition to this effect has been included within the report. There are no trees onsite or on Council land that will be affected b the proposal.

 


7.      Master Planning Requirements

 

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

 

Notwithstanding, sub-clause (2) provides that the consent authority may waive the requirement for a master plan only if it is satisfied: (a) that the proposed development is of a minor nature or is ancillary to the current use of the land, or (b) that adequate guidelines and controls applying to the land are already in place. 

 

The subject site has a land area of 5770m2. No master plan for the site has been prepared. It is considered that the master plan requirement can be waived pursuant to Clause 40A(2) for the following reasons:

 

·           The proposed development is ancillary to the current use of the site as public open space. The proposal will convert an existing disused bowling green into two modern sports fields accessible by the general public. The proposal represents an efficient use of scarce land resources and will enhance the functionality of the site for public recreational purposes.

 

·           The proposed building works are relatively minor in nature and will retain a sense of openness throughout the site.

 

·           The site is subject to the provisions of the District Parks Generic Plan of Management. Accordingly, specific guidelines are already in place in relation to the proposed works.

 

8.      Relevant Environmental Planning Instruments

 

8.1    Randwick Local Environmental Plan (RLEP) 1998

The Randwick Local Environmental Plan 1998 (Consolidation) was gazetted on 15 January 2010. Clause 7 of the Consolidation LEP requires that a development application lodged but not finally determined prior to the appointed day will continue to be assessed and determined under the provisions of the RLEP 1998. The subject application was lodged on 14 January 2010 and is therefore subject to the savings provision. Furthermore, when determining an application to which Clause 7 applies, the consent authority must have regard to the provisions of the new plan as if it had been exhibited under the Act but had not been made.

 

·           Clause 18 Zone No. 6A (Open Space Zone)

The subject site is located within Zone No. 6A (Open Space Zone) under RLEP 1998. The proposed use is defined as “recreation” under Clause 49 of the LEP and does not require development consent. However, the proposed physical structures are defined as a “recreational facility” and are permissible with Council’s consent.

 

The zoning objectives prescribed under Clause 18(1) are addressed as follows:

 

Clause 18(1)

Comments

(a) to identify publicly owned land used or capable of being used for public recreational purposes, and

The subject proposal does not seek to alter the use of the site as a public recreational facility, but to improve the capability of utilising the public land for this purpose.

(b) to allow development that promotes, or is related to, the use and enjoyment of open space, and

The bowling green in question is currently disused. The proposal will upgrade the existing facility and effectively broaden the range of activities that can be accommodated in Kensington Park. The development will contribute to increased utilisation and enjoyment of the public open space.

(c) to identify and protect land intended to be acquired for public open space, and

The site is presently nominated for use as public open space.

(d) to identify and protect natural features that contribute to the character of the land, and

The site does not contain any known endangered environmental features, such as remnant vegetation, rock outcrops or natural water courses.

 

The proposal does not necessitate removal or significant alteration of the mature trees within Kensington Park.

 

The excavation work associated with installation of the light poles and fencing is minor in nature and will have negligible impact on the existing natural features on the site.

(e) to enable the sustainable management of the land.

The proposal enables the sustainable management of the land by satisfying the Action Plan outlined in the District Parks Generic Plan of Management.

 

·           Clause 38 Development in open space zones

The relevant provisions of Clause 38 are addressed as follows:

 

Clause 38

Comments

(2) When determining an application for consent to carry out development on land within Zone No. 6A or 6B, the Council must consider:

 

(a) the need for the proposed development on that land, and

The Randwick Recreation Needs Study, dated May 2008, has identified the following trends in recreation and sports participation:

·      There is demand for a greater diversity of recreational activities in Randwick City (page 45).

·      Based on the projected growth of local population to year 2021 and the current provision of facilities, it is anticipated that there would be an oversupply of lawn bowling greens. Simultaneously, there would be an undersupply of rectangular fields for rugby league, with a less than optimum number of facilities for cricket, indoor court sports, soccer and tennis (page 90).

·      There has been strong and sustained growth in soccer games and training in the Randwick Local Government Area (page 96-97). 

 

It is considered that the proposed facility is consistent with the projected recreational demand in Randwick City. The multi-purpose sports pitch is capable of supporting a variety of outdoor sports activities within the confined space of the former bowling green. The development will not reduce opportunities for community access to Kensington Park for informal or passive recreational activities.

(b) whether the proposed development promotes or is related to the use and enjoyment of open space, and

The proposed multi-purpose sports pitch is capable of supporting a variety of outdoor sports activities and is accessible to the general public. The development will promote the use and enjoyment of the open space.  

(c) the impact of the proposed development on the existing or likely future use and character of the land, and

The proposed building works are minor in nature and will not adversely impact on the scenic quality of Kensington Park and the surrounding streetscape. The facility is in keeping with the recreational nature of the rest of the site and the park as a whole.

(d) the need to retain the land for its existing or likely future use.

The existing use of Kensington Park as a public recreational facility will continue.

(2A) Despite Clause 18, the Council may grant consent to the development of land within Zone No. 6A for purposes permitted by a plan of management adopted by the Council and prepared in accordance with the requirements of the Local Government Act 1993 for the land in question, provided it is satisfied that the proposed development is suited to a location in that zone.

The proposed development is consistent with the Action Plan of the Randwick District Parks Generic Plan of Management. Refer to the “Policy Control” section of this report for details.

 

 

 

 

 

·           Clause 40 Excavation and filling of land

Clause 40(2) requires Council to consider the likely disruption of, or detrimental effect on, existing drainage patterns and soil stability in the locality when assessing an application for earthworks. The proposal involves shallow excavation work to accommodate underground trenching and foundation structures. The degree of site modification is minor in nature and is not considered to result in adverse environmental impacts on the locality. Standard conditions are recommended to ensure suitable soil retention measures are implemented during works on the site.

 

8.2    Randwick Local Environmental Plan (RLEP) 1998 (Consolidation)

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

 


9.      Policy Controls

 

9.1    Randwick Development Control Plan (RDCP) Parking

The proposed development involves the conversion of a disused bowling green into a multi-purpose sports pitch comprising two marked play fields. The sports fields are designed to cater for a variety of team sports and recreational activities, including training, coaching, leagues tournaments and general play. The facility has the capability of accommodating up to approximately 60 spectators. Based on these characteristics, the proposal is considered to have implications on the local traffic and parking conditions.

 

The Parking DCP does not prescribe any specific parking rate for multi-purpose sports pitch. The existing bowling club does not provide for any formal off-street parking spaces. The proposed facility will rely on kerb side parking spaces to satisfy the demand of users and visitors. 

 

The applicant has submitted a Traffic and Parking Impact Report, number A1012095N (Version 1a), dated March 2010, and prepared by ML Traffic Engineers.

 

Parking survey

The traffic report indicates that public kerb side parking is currently provided in the nearby streets. Parking spaces adjacent to the proposed sports pitch are unrestricted, except for the western side of Day Lane where parking is prohibited between 8am to 12:30pm, Monday to Friday.

 

ML Traffic Engineers has undertaken two parking surveys:

·      12 March (Friday), between 9am and 9pm

·      13 March (Saturday), between 9am and 4pm

 

The study area covers the nearby road network including Day Lane, Strachan Street, Edward Avenue, Doncaster Avenue and Barker Street. The traffic report provides the following data:

 

Page 11

On a weekday the parking demand from the nearby University of New South Wales overflows on the nearby road sections and crows out parking from residences and from the Kensington Bowling Club. The parking demand after 4pm significantly falls. On a weekday a minimum of eleven vacant car spaces are available and represents about five percent of the parking supply.

 

On a Saturday there are many vacant car spaces nearby with a minimum of 160 vacant car spaces available.”

 

Page 17

The parking survey showed that there are a small number of vacant car spaces on a weekday and a significant number on a Saturday.

 

The nearby intersections of Strachan Street with Edward Avenue and Day Lane, and Barker Street with Day Lane have sufficient spare capacity to accommodate additional traffic from the proposed soccer fields.

 

A summary of the parking survey is provided below:

 

Time

Friday vacancy

Saturday vacancy

9am

66

185

10am

37

180

11am

21

166

12noon

11

162

1pm

11

159

2pm

11

167

3pm

22

169

4pm

56

170

5pm

85

No count

6pm

120

No count

7pm

154

No count

8pm

165

No count

9pm

174

No count

 

Parking generation from the sports pitch

The applicant’s consultant, based on his experience in operating soccer fields, has indicated that the number of users per sports field as follows:

 

2 teams x 5 players                    = 10

2 substitutes x 2 teams              = 4

1 x referee                               = 1

1 x administrator / manager = 1

Total for each field                    = 16

Total for the 2 sports fields         = 32

 

The above figures relate to leagues matches. Where general training sessions or games are undertaken, the number of users for the two sports fields altogether could be reduced to approximately 23 persons (being 20 players plus 2 referees plus 1 administrator / manager). The submitted information indicates that the number of spectators could reach up to approximately 60.

 

However, during change-over of games at peak hours, it is Council’s opinion that the number of users present at the sports pitch may be increased by 14 (being 2 teams x 5 players plus 2 teams x 2 substitutes) to 46.

 

The applicant has stated that based on experience, the visitors’ vehicle occupancy rate for soccer games is approximately 2.4 persons per vehicle (email dated 29 April 2010). However, the traffic report suggests that the occupancy rate is 2.2 per vehicle (page 21 of traffic report).

 

Based on the more conservative vehicle occupancy rate adopted in the traffic report, the users of the sports pitch could generate between 10.5 to 14.5 vehicles, excluding spectators. This may potentially be increased to 20.9 vehicles during change-over of teams at peak hours.

 

Parking generation from the existing bowling green

As per international standard, the disused bowling green is capable of holding 6 lanes, which can accommodate up to 4 players per lane. A total of 24 players can therefore be playing at a time, exclusive of spectators.

 

The applicant has stated that based on experience, the visitors’ vehicle occupancy rate for bowling is 1.1 per vehicle. Based on this rate, the existing disused bowling green could potentially generate up to 21.8 vehicles, excluding spectators.

 

Therefore, excluding the spectators factor, the parking demand generated by the sports pitch per se is commensurate with that of a 6-lane bowling green during peak hours.

 


Intersection capacity

The parking report has included an intersection assessment of the junction of Strachan Street / Edward Avenue / Day Lane and Barker Street / Day Lane using SIDRA computer software. The report concludes that (page 17):

 

“Intersection of Strachan Street with Edward Avenue with Day Lane: all turn movements for the four hours surveyed have an acceptable Level of Service”

 

“Intersection of Barker Street with Edward Avenue with Day Lane: all turn movements for the four hours surveyed have an acceptable Level of Service”

 

The submissions have raised concerns about the traffic safety of the junction between Day Lane, Edward Avenue and Strachan Street. Based on the intersection assessment contained in the report, the junction in question is capable of supporting the anticipated additional traffic volume as a result of the development.

 

Furthermore, the proposed perimeter mesh fencing around the sports pitch is substantially open and is not considered to significantly affect sightlines for drivers.

 

Accordingly, the proposal is not considered to result in significant traffic or safety impacts on the nearby road network.

 

Assessment

·           The parking survey shows that between 11am and 3pm during weekday, the number of vacant on-street parking spaces ranges from 11 to 22 only. The parking availability gradually increases from 4pm onwards.

 

The subject locality has been observed to be subjected to high parking demand from competing users, including university students, commuters and residents. This observation is concurred with by the submitted traffic report (see page 11).

 

The estimated average parking generation from the sports pitch is 10.5 to 14.5 vehicles (assuming a vehicle occupancy rate of 2.2 persons/vehicle), and up to 20.9 vehicles during change-over of teams at peak hours. In the above scenarios, the parking demand would exceed the supply during the busiest hours.

 

Given the low level of parking availability during the majority of the business hours on weekdays, it is considered appropriate to avoid another potentially major traffic-generating use in the area during those hours.

 

The survey demonstrates that the locality starts to have more than sufficient on-street parking after 4pm during weekdays. Therefore, it is possible to allow the proposed use generally after business hours during weekdays, as well as during the majority of the weekends.

 

·           The submitted statement of environmental effects dated 5 January 2010 states that:

The majority of visitors (95%) to the site will be outside of work hours and therefore sufficient parking is available within walking distance of the proposed facility.”

 

The submitted letter dated 26 February 2010 states that:

It is expected that over 70% of the facilities use will occur on weekdays between 5pm and 9pm.

 

The applicant has further elaborated by email dated 29 April 2010 that:

Less than 3% of all bookings are expected to be during 9am – 5pm on weekdays, the clientele that will use the facility during these times will be made up of University students that will walk to the facility and possibly local schools that wish to use the facility for their students.

 

The application argues that a significant proportion of the day time patrons would be university students who would walk to the subject facility. However, it is virtually impossible to preclude or restrict driving visitors as it is outside the direct control of the operator.

 

It is also a reasonable anticipation that some of the visitors would be workers from the surrounding suburbs who would utilize the facility during lunch breaks. These visitors are likely to engage in car pool arrangement but nevertheless would increase pressure on the parking situation.

 

The traffic report mentions that during school holidays, children could be transported to the facility by school bus during the day time period. However, the application does not propose to create a bus drop-off / pick-up zone in the vicinity of the site. Given the relative low parking supply in the locality, it is questionable whether children could be brought to the facility efficiently and safely during business hours.

 

Based on the applicant’s expectation that the facility would primarily be patronized outside of business hours, it is considered prudent to restrict usage of the sports pitch to after 5:00pm during weekdays. This restriction would also better cater for vehicular traffic created by spectators. The above requirement can be imposed via a special condition of consent.

 

·      The parking survey shows that the number of kerb side parking spaces in the area would increase from 56 at 4pm to 174 at 9pm during weekday.

 

It should be noted that the parking survey was undertaken on 12 and 13 March, before the season of the South Sydney Junior Rugby Football League commences. The South Sydney Junior has a seasonal license for use of Kensington Oval on weekday evenings starting 23 March 2010. It is considered that the demand for kerb side parking would be higher than that indicated in the traffic report.

 

However, given the high number of available spaces in the area as identified in the survey (85 spaces at 5pm to 165 spaces at 8pm), it is considered that there would be sufficient parking to cater for both the visitors to Kensington Oval and the subject multi-purpose sports fields.

 

In order to mitigate competition between different users of the local parking, and to better cater for spectators during leagues matches (which usually occur in the evenings), a specific condition is recommended to restrict the operation of the facility to the following hours:

Monday:           5:00pm to 9:00pm

               Tuesday:          5:00pm to 9:00pm

               Wednesday:      5:00pm to 9:00pm

               Thursday:         5:00pm to 9:45pm

               Friday:              5:00pm to 9:45pm

               Saturday:          8:30am to 9:45pm

               Sunday:            9:00am to 8:30pm

 

The above arrangement would effectively stagger the proposed parking demand away from other day time competitors, and hence would minimize congestion and impacts on the locality.

9.2    Randwick District Parks Generic Plan of Management

An assessment of the subject proposal against the relevant provisions of the Action Plan contained in the Plan of Management is provided below:

 

Action

Assessment

Issue 1

Management planning

The proposed multi-purpose sports pitch is capable of supporting a variety of outdoor sports activities for the general public within the boundary of the disused bowling green. The development will not reduce opportunities for community access to Kensington Park for informal or passive recreational activities.

Issue 2

Leases, licenses and permits

Council, as Reserve Trust Manager for the site, has granted approval for the lodgment of the subject development application. No objections were raised in relation to licensing matters.

Issue 3

Recreation

The proposed multi-purpose sports pitch is capable of supporting a variety of outdoor sports activities and is accessible to the general public. The development will promote the use and enjoyment of the open space.  

Issue 4

Visitor management

Visitor management will not be materially altered as a result of this proposal.

 

Given that the sports pitch is located within the confines of the bowling club, the proposal will not interrupt other passive recreational activities being undertaken in the park.

Issue 5

Facilities and amenities

The proposal will utilise the existing amenities available in the club house building. Given that the proposed sports pitch is located within the ground of the bowling club, the above arrangement is considered to be acceptable.

Issue 6

Communication

The subject application has been advertised and notified in accordance with DCP – Public Notification of Development Proposals and Council Plans. The issues raised in the submissions are addressed in the body of this report.

Issue 7

Design

The proposed building works are minor in nature and will not adversely impact on the scenic quality of Kensington Park and the surrounding streetscape.

 

The artificial turf allows for sports activities in all weather conditions and will contribute to efficient usage of the facility.

Issue 8

Vegetation

The proposal does not involve removal of established trees within the park.

Issue 9

Maintenance, safety and risk

There will not be any significant maintenance or safety risks as a result of the proposed installation and works.

Issue 10

Funding

The proposed works are privately funded. There are no implications on Council’s capital works program.

 


9.3    Randwick Section 94A Development Contributions Plan

The Section 94A Development Contributions Plan, effective from 2 July 2007, is applicable to the proposed development.

 

Under Clause 11 of the plan, any Class 10 building or structure under the Building Code of Australia is exempted from contribution levies. The proposal involves the installation of lighting devices and fencing and replacement of the ground surfaces with artificial turf. The works involved are identified as Class 10 structures and therefore no contributions are required.

 

10.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Section 79C(1)(a)(i) – Provisions of any environmental planning instrument

Refer to the “Environmental Planning Instruments” section of this report for details.

Section 79C(1)(a)(ii) – Provisions of any draft environmental planning instrument

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

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

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

Section 79C(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement

Not applicable.

Section 79C(1)(a)(iv) – Provisions of the regulations

Clause 7 of the EP&A Regulation 2000 requires the consent authority to consider the provisions of the Building Code of Australia. Accordingly, appropriate conditions of consent are recommended for imposition to address this matter.

Section 79C(1)(b) – The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality

The environmental impacts of the proposed development are addressed within the body of this report.

 

The proposed development would improve public access to an established district park, with likely beneficial impacts in terms of the general physical and social well being of the local population. The development scheme is not considered to result in detrimental social or economic impacts on the locality.

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

The proposal will convert a currently disused bowling green into a modern multi-purpose sports facility. The sports pitch is located entirely within the boundary of the bowling club and will not reduce opportunities for other more passive recreational activities being carried out in Kensington Park. The development scheme primarily involves light weight structures and will not adversely impact on the visual character and amenity of Kensington Park. Accordingly, the site is considered to be suitable for the proposed development.

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

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

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

The proposal is not considered to result in significant adverse environmental, social or economic impacts on the locality, subject to the recommended conditions. Accordingly, the proposal is considered to be satisfactory in public interest terms.

 

Light overspill

The proposal includes the installation of eight (8) x floodlights mounted on 5.0m high metal posts at the corners and mid points of the sports pitch.

 

The submissions have raised concerns in relation to potential light overspill and glare to the surrounding residential areas. The proposal is considered to be satisfactory for the following reasons:

 

·           The proposed floodlights will be mounted on 5m high metal posts. The mounting level is much lower than standard sports field lighting, which could reach up to 18m. The position of the illumination device would limit the spread of light beams to the surrounding dwellings.

 

·           According to the submitted manufacturer’s specification, the light housing is configured to restrict upward diffusion of light. The light beams are directed towards the fields and would minimise glare impacts on the nearby residences.

 

·           Given the location of the site, any reverse glare (caused by light breams spread to areas behind the light posts) would primarily be directed to the adjoining footpaths, and would not significantly impact on dwellings in the vicinity.

 

·           Australian Standard AS4282-1997: Control of the Obtrusive Effects of Outdoor Lighting sets out guidelines to control the adverse effects of outdoor lighting on nearby residents and roads. Australian Standard AS2560: Sports Lighting specifies design principles and requirements for lighting systems for various sports activities. It is recommended that a special condition be imposed to require compliance with the aforementioned standards to ensure the proposed lighting devices meet the functional requirements of the intended sports activities, whilst minimising glare to the surrounding residences.

 

·           A special condition is recommended to restrict the operation hours of the sports pitch to no later than 9:00pm, Monday to Wednesday; 9:45pm, Thurday to Saturday; and 8:30pm, Sunday. The sports fields are to be vacated with the floodlights switched off within the next 15 minutes. The above condition will ensure that there will be no light overspill to the surrounding dwellings beyond normal sleeping hours.

 

Noise

The proposed facility is anticipated to generate increased noise emission as compared to the existing use as a bowling green, given the former’s capability to cater for leagues tournaments and training sessions with spectators.

 

Notwithstanding, it should be noted that Kensington Park is listed as a public open space under the LEP. The proposal will upgrade an existing aged facility and broaden the range of sports and recreational activities that can be supported on the site. The development would contribute to community benefits in terms of the general health and well being of the local population.

 

The entire Kensington Park (inclusive of the sports oval and the bowling club) has a total land area of approximately 39,600m2. The disused bowling green in question occupies only 1,122m2, which equates to 2.8% of the total area of the park. The sports pitch will be completely within the boundary of the bowling club and will not exclude other more passive recreational functions. The proposed facility is considered to be within the capacity of Kensington Park.

 

A special condition is recommended to require the installation of suitable 1.2m high foam boarding along the inner face of the perimeter fencing. The above device would absorb any noise created by the impact of a ball against the mesh fencing.

 

A further condition is recommended to restrict the operation of the facility to the following hours to minimise amenity impacts on the surrounding residents:

 

        Monday:           5:00pm to 9:00pm

        Tuesday:          5:00pm to 9:00pm

        Wednesday:      5:00pm to 9:00pm

        Thursday:         5:00pm to 9:45pm

        Friday:              5:00pm to 9:45pm

        Saturday:          8:30am to 9:45pm

        Sunday:            9:00am to 8:30pm

 

The above proposed restrictions would minimise noise (as well as glare) disturbance during normal sleeping hours as a result of the proposed sports activities. Subject to the above conditions, the proposal is considered satisfactory in this regard.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:      Leadership in sustainability, excellence in urban design and development, excellence in recreation and lifestyle opportunities, a liveable City.

Direction:      Improved design and sustainability across all development, maximise opportunities for residents and visitors to enjoy both active and passive open space uses, a range of cultural, sporting and leisure activities.

Key Action:    Encourage and reward design excellence and sustainability, recognise and promote opportunities for residents and visitors to engage in sports and other cultural pursuits.

 

Financial Impact Statement

 

The proposed works will be privately funded. There is no direct financial impact as a result of this matter.

 

Conclusion

 

The proposed development will convert a currently disused bowling green into a modern multi-purpose sports facility. The proposal would increase access by members of the public to an outdoor recreational resource within an established district park, which would otherwise be left underutilized. The sports pitch is located entirely within the boundary of the bowling club and will not reduce opportunities for other more passive recreational activities being carried out in Kensington Park.

 

The proposed development meets the objectives and performance requirements of Council’s planning controls. The potential environmental and amenity impacts of the facility, including traffic and parking, noise and light overspill, can be appropriately managed and minimised subject to the recommended conditions of consent. The development scheme, on balance, is considered satisfactory from an urban planning perspective.  Therefore, the proposal is recommended for approval subject to conditions.

 

 

Recommendation

 

A.     That Council, as the consent authority, waives the requirement for a master plan      prescribed under Clause 40A of Randwick Local Environmental Plan 1998, on the        grounds that the proposed development is ancillary to the current use of the land and   that adequate guidelines and controls applying to the land are already in place.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to   Development Application No. 22/2010 for use of the southern-most bowling green at    the Kensington Bowling Club as a multi-purpose sports pitch consisting of 2 x fields;       construction of perimeter fencing with netting above, installation of 8 x 5m high light posts and provision of artificial grass surface; and proposed hours of operation from   9am to 10pm, 7 days a week, at No. 1 Day Lane, Kensington, subject to the following      conditions:

 

Conditions of Consent

 

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

 

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

 

Plan Number / Title

Dated

Received

Prepared By

Proposed Outdoor Floodlit Multi-Use Sports Facility Part 1 of 2

January 2010

14 January 2010

Oliver Bramley

Proposed Outdoor Floodlit Multi-Use Sports Facility Part 2 of 2

January 2010

14 January 2010

 

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

 

2.       The colours, materials and finishes of the proposed fencing, safety net and light posts are to be compatible with the character of Kensington Park and the surrounding residential streetscape.

 

Details of the proposed colours, materials and textures (in the form of a 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.       Appropriate sound absorption system consisting of 1200mm high foam boards affixed to metal posts shall be installed in accordance with the section and elevation drawings dated 2010, prepared by Oli Bramley, and stamp-received by Council on 29 April 2010.

 

The boarding system shall generally be placed along the full length of the inner face of the perimeter fencing. Additionally, a gap of 4 metres shall be reserved on either side of the south-eastern corner of the sports pitch, in order to maintain adequate sightlines adjacent to the intersection between Day Lane, Edward Avenue and Strachan Street.

 

Details demonstrating compliance with the above requirements shall be incorporated in the Construction Certificate documentation to the satisfaction of the certifying authority.

 

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.       The operation hours of the proposed sports fields are restricted to the following:

 

               Monday:           5:00pm to 9:00pm

               Tuesday:          5:00pm to 9:00pm

               Wednesday:      5:00pm to 9:00pm

               Thursday:         5:00pm to 9:45pm

               Friday:              5:00pm to 9:45pm

               Saturday:          8:30am to 9:45pm

               Sunday:            9:00am to 8:30pm

 

The sports fields shall be vacated with all floodlights switched off within 15 minutes of the above closing times.

 

6.       A certificate from a suitably qualified person in outdoor lighting design shall be submitted to the satisfaction of the Certifying Authority, which certifies that the proposed lighting system complies with the provisions of Australian Standard AS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting (or more updated version), prior to the issue of any Interim or Final Occupation Certificate. A copy of the above certificate shall be forwarded to Council for record keeping purposes.

 

7.       The installation and operation of the proposed lighting devices shall be in accordance with the requirements of Australian Standards AS 2560.1-2002: Sports Lighting – General Principles, AS 2560.2.3-2007: Sports Lighting – Specific Applications – Lighting for Football (All Codes), and AS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting, or more updated versions of these Standards.

 

8.       There shall be no consumption of alcohol within the sports pitch at all times. The selling or serving of alcohol within the sports pitch is strictly prohibited at all times.

 

9.       There must be no live entertainment or amplified music or announcements within the sports pitch at any time. 

 

10.     A plan of management in relation to the proposed sports pitch shall be submitted to and approved by Council’s Director of City Planning, prior to the issuing of any Interim or Final Occupational Certificate. The plan of management shall include details on the measures to:

 

·           Ensure the proposed sports fields are open to the general public with no restrictions in terms of age, gender and cultural background.

·           Ensure compliance with the relevant conditions of approval.

·           Minimise the potential impact of the operation of the premises upon nearby residents and the public domain.

·           Effectively minimize and manage anti-social behaviour that may affect the surrounding environment, including the installation of patron advisory signage.

·           Minimise noise emissions and associated nuisances outside the operation hours.

·           Effectively manage and respond to resident complaints.

·           Ensure adequate waste storage facilities (including general waste and recycling bins) are provided within the site to support the proposed use.

·           Ensure no alcohol is sold, served or consumed within the sports pitch area.

·           Manage emergency situations, such as injuries or accidents arising from the sports activities being carried out on the site.

·           Stipulate the role and responsibility of a duty manager or supervisor to oversee the operation of the sports pitch and ensure compliance with the plan of management.

 

11.     The management measures and procedures stipulated in the approved plan of management for the sports pitch shall be followed at all times.

 

12.     The applicant or operator shall have prepared a brochure with a map showing the location of the subject site and details of public transport services that can be used by visitors to the facility from Sydney CBD and across the Eastern Suburbs, prior to the issue of any Interim or Final Occupation Certificate. Copies shall be kept in a suitable location within the site for distribution to the general public, and/or be placed on the internet web site.

 

13.     The applicant or operator of the sports pitch must establish and maintain a formal and documented system for the recording and resolution of complaints made to the premises by residents. All complaints are to be attended to in a courteous and efficient manner and referred promptly to the duty manager or supervisor. The appropriate remedial action, where possible, is to be implemented immediately and the duty manager or supervisor is to contact the complainant within 48 hours to confirm details of action taken.

 

14.     Development consent from Council must be obtained prior to the erection of any advertising or business identification signs, with the exception of those that are described in Council’s Development Control Plan – Exempt and Complying Development or the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, or otherwise permitted under this Consent.

 

15.     No goods, machinery or advertising signs (including A-frame signs) are to be placed on Council’s footway at any time.

 

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

 

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

 

The operator of the sports pitch facility must also arrange for the recycling of appropriate materials and make the necessary arrangements with an authorised waste services contractor accordingly.

 

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:

 

17.     The use and operation of the premises shall not give rise to an environmental health or public nuisance and there are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulation.

 

18.     The use and operation of the light poles and sports ground shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

21.     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:

 

22.     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.

 

23.     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).

 

24.     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.

 

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

 

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

 

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

 

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

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

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

 

27.     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.

 

28.     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.

 

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

 

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

 

30.     A certificate prepared by a professional engineer shall be submitted to the certifying authority (with a copy being forwarded to Council, if Council is not the certifying authority) prior to the issuing of any Interim or Final Occupation Certificate, which certifies that the light poles, light fittings, fencing, netting and associated works comply with the relevant structural design requirements of the Building Code of Australia.

 

31.     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.

 

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

 

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

34.     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.

 

35.     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.

 

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

 

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

 

A Construction Noise Management Plan, is required to be developed and implemented throughout the works, to the satisfaction of the Council.  A copy of the strategy must be provided to the Principal Certifying Authority and Council prior to the commencement of site works.

 

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

 

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction;

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management details.

 

The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity to the satisfaction of Council. 

 

A copy of the Construction Site Management Plan must be provided to the Principal Certifying Authority and Council.  A copy must also be maintained on site and be made available to Council officers upon request.

 

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

 

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

 

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

 

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

 

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

 

Security Deposit Conditions

 

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

 

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

 

a)   $1000.00   -      Damage/Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

 

Drainage Conditions

 

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

 

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

 

42.     Stormwater runoff from the site shall be discharged to either:

 

a)       The kerb and gutter along the site frontages by gravity; OR

 

b)       To a suitably sized infiltration area. As a guide the infiltration area shall be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area on the site.

 

43.     All site stormwater which is discharged into an infiltration/absorption tank and/or discharged from the site, must be taken through a sediment/silt arrester pit. The sediment/silt arrestor pit shall be constructed with:-

 

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

 

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

 

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

 

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

 

·      A galvanised heavy-duty screen located over the outlet pipe (Mascot GMS Multi-purpose filter screen or similar).

 

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

 

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

 

·      A sign adjacent to this pit stating that:

 

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

 

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

 

Alignment Level Conditions

 

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

 

44.     The design alignment level at the Day Lane and Edward Avenue property boundaries for driveways, road pavements, access ramps and pathways or the like, must be obtained in writing from Council’s Development Engineer Coordinator prior to lodgement of the Construction Certificate Application.

 

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

 

46.     The above alignment levels and the site inspection by Council’s Development Engineer will be issued at a prescribed fee of $121.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

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

 

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

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

25 May 2010

 

 

 

Director City Planning Report No. CP34/10

 

 

Subject:                  164 Brook Street, Coogee

Folder No:                   DA/702/2009/A

Author:                   Wendy Wang, Environmental Planning Officer     

 

Proposal:                     Section 96(1) application to delete condition No. 55.

Original consent: Demolition of existing dwelling and construction of a new part two, part three storey building with lower level garaging and storage containing two units with roof terraces

Ward:                      East Ward

Applicant:                Mr G Sassine

Owner:                         Mr U Ucak and Mrs B Ucak

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 


1.    Executive Summary

 

The Section 96 application is referred to Council for determination as it involves the deletion of a condition requiring the removal of power poles and undergrounding of power cables in the street contrary to Council policy. The approved development (DA/702/2009) comprised the demolition of existing dwelling and construction of a new part two, part three storey building with lower level garaging and storage containing two units with roof terraces. This DA was determined at the Ordinary Council meeting of the 8 December 2009.

 

The application is for a Section 96(1) Modification of Development Consent 702/2009 to delete the following condition of consent:

 

55.   The applicant shall meet the full cost for the overhead power lines/cables that run from the Power Pole in Bay Street adjacent to the southern side boundary of the development to the Power Pole on the eastern side of Brook Street (across the Brook St carriageway) to be relocated underground. These power lines/cables are to be located underground to the satisfaction of the relevant service utility authority prior to the issuing of any form of occupation certificate.

 

Note: It is recommended that the applicant liaise with the relevant service utility authority in regards to the indicative costing and scope of works prior to the issuing of a construction certificate.

 

The proposed modification is for a condition of consent only and does not give rise to additional amenity impacts access as there is no change to the approved development. The proposal is considered to be substantially the same development as was originally approved and satisfies Section 96 of the Act.

 

Following assessment of the application, the proposed changes are considered reasonable and acceptable for the reasons outlined in this report. The application is recommended for approval.

 

2.    The Proposal

 

The application is for a Section 96(1) Modification of Development Consent 702/2009 to allow for the deletion of Condition No. 55 which requires the applicant to meet the full cost of existing overhead power lines and telecommunication cables to be relocated underground.

 

The applicant has submitted a letter from Energy Australia (Mr Joe Borg – Network Planning Coordinator CBD/Eastern Suburbs).

 

The letter states that Energy Australia has investigated the request for removing overhead wires and installing underground services at the intersection of Bay / Brook St, Coogee and advises that Energy Australia does not support it for the following reasons:

 

·      Underground the overhead main makes no beneficial advantages to all parties.

 

·      The underground of the overhead main at this location would be very complicated due to the sandstone wall and the steep gradient of the landscape.

 

·      The undergrounding will require crossing a major road, which may result to future settlement in the road.

 


3.    The Subject Site and Surrounding Area

 

The subject site is known as Lot 1 in DP 339448 and is located on the western side of Brook St between the intersecting streets of Dudley and Bay. Bay St, to the south, is closed to vehicles and forms a public reserve. The site is positioned on the corner of Brook and Bay Streets with primary frontage to Brook St and secondary frontage to Bay St and is presently occupied by a three storey multi unit development dated from approximately the 1940s of simple symmetrical design incorporating red face brick and a pitched terracotta tile roof. To the street elevation two garages are provided within a sandstone retaining wall.

 

The site has a frontage width (eastern boundary) of 18.29m, side (northern and southern) boundary depths of 20.255m and 20.295m, respectively and has an overall site area of 367.9m².

 

The site rises steeply from Brook St to the rear of the property; the difference in level is some 6m. The site also slopes gently with a cross fall from north to south a difference of some 2.5m

 

To the west of the site lies a three storey semi-detached dwelling known as No. 32 Bay St. The dwelling has upper level decks with windows that overlook the subject site to gain views to the east. To the north of the site is recently completed five storey development comprising of five units. To the south of the site is the reserve on Bay St. To the east are single and two storey residential dwellings.

 

Photographs of the site and surrounds

1. The existing three (3) storey building

2. existing sandstone garage to the front of the site

3. existing and adjoining building to the north

4. view north up Brook Street

4.    Site History

 

DA/189/1988 – approved 29 September 1988 for alterations and additions to the existing duplex.

 

DA/703/1997 – approved 28 May 1998 for strata subdivision and alterations and additions to create a second floor additional and an additional dwelling to the existing residential flat building.

 

DA/703/1997/A – approved 19 September 2001 for the deletion of the 3rd floor, with existing roof to remain, internal alterations, relocation of the garbage area, and extension of the existing garage to accommodate a double garage.

 

DA/92/2003 – approved 19 June 2003 for the demolition of the existing dwelling and construction of a part 2 and 3 storey multi unit development with rooftop terrace, car parking at street level and internal lift.

 

DA/92/2003/A – approved 9 December 2003 to delete conditions 2, 3 and 8 and undertake other minor alterations

 

DA/702/2009 – approved at the Ordinary Council meeting of the 8 December 2009 for the demolition of existing dwelling and construction of a new part two, part three storey building with lower level garaging and storage containing two units with roof terraces.

 

5.    Community Consultation

 

Given that the application is made under Section 96(1A) of the Environmental Planning and Assessment Act 1979, which relates to modifications which have minimal environmental impact, formal notification of the proposal is not necessary under Council’s Development Control Plan for Public Notification of Development Proposals.  

6.    Technical Officers Comments

 

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

 

Development Engineers

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

 

Engineers Comments

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

 

This report is based on the following plans and documentation:

·           Letter from Energy Aust Ref No: RM-SC/JB/164 Brook St by Joe Borg dated 12 April 2010;

 

The modification to the Development Application relates to the proposed deletion of Condition No 55 of the DA Consent.

 

The applicant has submitted a letter from Energy Australia (Mr Joe Borg – Network Planning Coordinator CBD/Eastern Suburbs) see attached.

 

The letter states that Energy Australia has investigated the request for removing overhead wires and installing underground services at the intersection of Bay / Brook St, Coogee and advise they (Energy Australia) will not allow it for the following reasons:

 

·           Underground the overhead main makes no beneficial advantages to all parties.

·           The underground of the overhead main at this location would be very complicated due to the sandstone wall and the steep gradient of the landscape.

·           The undergrounding will require crossing a major road, which may result to future settlement in the road.

 

7.    Master Planning Requirements

 

Clause 40A(1) of RLEP 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 4,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The site has a land area of 367.9m² and a master plan is not required.

 

8.    Relevant Environmental Planning Instruments

 

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

 

8.1      Randwick Local Environmental Plan 1998

The proposal does not alter the overall form and function of the development as approved and complies with the main aims and objectives of the Randwick Local Environmental Plan 1998.

 

8.2    Development Control Plans – Multi Unit Housing 

The proposed modification involves the deletion of a condition of consent imposed in error and represents no visible external change to the existing streetscape. The modification as detailed in the current Section 96(1) application will not adversely affect the immediately adjoining properties or the locality. 

 

9.    Policy Controls

 

The policy for replacing overhead wires with underground cables was adopted at the Health, Building and Planning Committee meeting on 8 November 2005. This policy, amongst other things, requires that applicants of development applications be required to meet all costs associated with replacing overhead wires with underground cables in the vicinity of the development site when the cost of works on the site exceeds $2 million.

 

The proposed Section 96 modification to delete Condition No. 55 results in a development that fails to comply with provisions of Council’s policy on undergrounding of cables adopted on 8 November 2005. However, compliance with the Policy cannot be achieved due to technical advice from Energy Australia. Therefore, the applicant’s request to delete condition No. 55 is supported.

 

10. Section 96 Assessment

 

Under the provisions of Section 96(1), a consent authority may modify a development consent if it is satisfied that the development to which the development as modified is substantially the same development as the development for which the consent was originally granted; and has considered any submissions made concerning the proposed modifications.

 

10.1    Substantially the Same Development:

In accordance with Section 96 of the Environmental Planning and Assessment Act, 1979 the proposed changes are considered minor and will result in a development that is substantially the same as the originally approved development. As such they can be assessed under Section 96 of the Act.

 

It should be noted that the applicant has provided appropriate technical advice from Energy Australia (Mr Joe Borg – Network Planning Coordinator CBD/Eastern Suburbs), as to the scope of works and issues related to placing cables underground.

 

The letter dated 12 April 2010 and received by Council on 19 April 2010 states that Energy Australia has investigated the request for removing overhead wires and installing underground services at the intersection of Bay / Brook St, Coogee and advise that Energy Australia does not support it for the following reasons:

 

·           Underground the overhead main makes no beneficial advantages to all parties.

·           The underground of the overhead main at this location would be very complicated due to the sandstone wall and the steep gradient of the landscape.

·           The undergrounding will require crossing a major road, which may result to future settlement in the road.

 

In light of the advice provided by Energy Australia, it is not possible for the applicant to comply with condition No. 55 of the consent and the condition is therefore made redundant.

 

The deletion of this condition represents no visible external change to the approved development and will not adversely affect the immediately adjoining properties or the locality. 

 

11. Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Section 79C(1)(a)(i) – Provisions of any environmental planning instrument

Refer to the “Environmental Planning Instruments” section of this report for details.

 

 

Section 79C(1)(a)(ii) – Provisions of any draft environmental planning instrument

The proposal is consistent with the aims and objectives of the draft Randwick LEP 2008.

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

Refer to the “DCP- Multi Unit Housing” section of this report.

 

 

Section 79C(1)(a)(iiia) – Provisions of any Planning Agreement or Draft Planning Agreement

 

Not applicable.

 

 

 

Section 79C(1)(b) – The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality

The proposed development is consistent with the predominant residential land uses in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality.

 

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

The site has sufficient area to accommodate the proposed land uses and structures. Therefore, the site is considered suitable for the proposed development.

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

The proposal is not considered to result in significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered satisfactory in public interest terms.

 

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in urban design and development.

Direction 5a:      Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The modifications proposed as part of this application do not alter the form and nature of the approved multi unit development. Having regard to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the proposed deletion of condition No. 55 is considered to result in a development that remains substantially the same as the development for which the consent was originally granted.

 

Approval of the modification will not result in any significant environmental impact and will not detract from the integrity of the development nor its relationship with adjoining development. It is therefore considered that the modification to the original development consent is reasonable.

 

 

Recommendation

 

That Council, as the responsible Consent Authority grant consent under Section 96 of the Environmental Planning and Assessment Act 1979 to modify Development consent No DA/702/2009 for permission to modify approved development by deleting Condition No. 55 of the original consent relating to underground cabling at 164 Brook Street, Coogee in the following manner: 

 

A.        Amend Condition No 1 as follows

 

1.       The development must be implemented substantially in accordance with the plans numbered DA/01 through to DA/06, all Issue A, dated 23.09.09 and received by Council on 29 September 2009, the application form and on any supporting information received with the application, except as may be amended by the following conditions, as amended by the Section 96 dated 19 April 2010 and received by Council in 19 April 2010 only in so far as they relate to the modifications detailed in the Section 96 application.

 

B.        Delete Condition No. 55

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

25 May 2010

 

 

 

Director City Planning Report No. CP35/10

 

 

Subject:                  48-58 Maroubra Road, Maroubra

Folder No:                   DA/754/2005/A

Author:                   Frank Ko, Executive Planner     

 

Proposal:                     Section 96 (AA) modification of approved development by deletion of Condition No. 108 which requires a substation to be installed on the subject development site

 

Ward:                      Central Ward

 

Applicant:                Mrs Joanna Russell

 

Owner:                         Coles Myer Property Developments Ltd

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

This application is referred to Council as it comprises modification to a development consent under Section 96(AA) being modification to an original development application determined by the Land and Environment Court.

 

The original development application (DA No. 754/2005) for partial demolition, alterations & additions to the existing building & change of use from motor showroom & workshop to a retail liquor outlet at 48-58 Maroubra Road, Maroubra was approved by the Land and Environment Court on 14 June 2007.

 

The Section 96(AA) application seeks consent to delete Condition No. 108 which requires an electricity substation to be installed on the subject site.

 

The Section 96AA application was not required to be advertised or notified to surrounding properties as the proposed modification will be of minimal environmental impact as provided for under Clause 117 (1) of the Environmental Planning and Assessment Regulation 2000 (See Section 5 below).

 

The applicant has submitted a plan showing the location of the proposed electricity substation along the southern boundary adjacent to Maroubra Road frontage and a letter from Energy Australia stating the station will be installed as an exempt development under Clause 41 of the State Environmental Planning Policy (Infrastructure) 2007.

 

Council’s Development Engineer has suggested that in order to ensure the substation does not encroach onto Council property, the condition No. 108 should not be deleted but rather be amended to ensure the proposed substation does not encroach onto Council property.

 

The proposed modification is considered to be substantially the same development as that previously approved and will not result in any significant additional impacts upon the amenity of surrounding properties or the visual character of the locality. Accordingly, the subject application is recommended for approval subject to appropriate amendment to Condition No. 108.

 

2.    The Proposal

 

The subject application is made pursuant to Section 96(AA) of the Environmental Planning and Assessment Act 1979, as amended, to delete Condition No. 108 which requires a substation to be installed on the subject site.

 

Condition No. 108 read as follows:

 

108.    Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications.

 

         The applicant must liaise with Energy Australia prior to lodging the construction certificate to determine whether or not an electricity substation is required for the development.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the northern side of Maroubra Road between Royal

Street to the west and Hannan Street to the east (refer Figure 1). The site also has a

frontage to Glanfield Street to the rear and is identified as Lots 1 and 2 in DP 962347.

4.    Site History

 

On 14 June 2007, the Land and Environment Court approved DA No. 754/2005 for partial demolition, alterations & additions to the existing building & change of use from motor showroom & workshop to a retail liquor outlet at 48-58 Maroubra Road, Maroubra

 

5.    Community Consultation

 

Section 96AA (1) of the EP&A Act states that “A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the Court and subject to and in accordance with the regulations, modify the development consent, if (among other things): (b) it has notified the application in accordance with: (i) the regulation, if the regulations so require”.

 

The relevant regulation governing public consultation for Section 96AA applications is Clause 117 – Public participation – applications for modification of development consents involving minimal environmental impact. Clause 117 Sub-clause (1) of the Environmental Planning and Assessment Regulations 2000 states as follows:

 

“This clause applies to an application under section 96(1A) of the Act or under section 96AA of the Act in respect of modification which, in the opinion of the consent authority, is of minimal environmental impact.”

 

Under Council’s DCP - Public Notification, Section 96 (1A) applications (modifications with minimal environmental impacts) do not require to be advertised and notified. Accordingly, by that very fact, and having regard to the wording of Clause 117 (1), Section 96 (AA) applications involving modifications of minimal environmental impacts do not require advertising and notification. As discussed in relevant sections of this report, the proposed modification sought under the subject Section 96(AA) application will have minimal environmental impacts as the proposed modification to Condition No. 108 only relates to the installation of an electricity substation.

 

6.    Technical Officers Comments

 

The application has been referred to the relevant technical officers (i.e. Development Engineer) and the following comments have been provided:-

 

6.1    Development Engineering Comment

The applicant has submitted a letter from Energy Australia which states that a substation may be located within the neighbouring property if owner’s permission is obtained. It is noted that the applicant also owns the adjoining property.

 

Since the last memo from Development Engineering, Council has received a plan showing the proposed location of the substation along the southern boundary adjacent to the Maroubra Road frontage. Development Engineering still seek to ensure that the substation does not encroach onto Council property. We therefore recommend that condition 108 in DA consent 754/2005 is not deleted but rather be amended requiring that the proposed substation does not encroach onto Council property. In addition as the letter from Energy Australia already confirms a substation is necessary for the development the last paragraph in the condition may also be deleted.

Should the Section 96 application be approved condition 108 may be amended to read as follows:

 

108.    Any electricity substation required for the site as a consequence of this development shall not encroach onto Council property and where possible be screened from view.

 

7.         Relevant Environmental Planning Instruments

 

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

 

7.1    Randwick Local Environmental Plan 1998

The proposed modification will not change the approved floor space, heights and landscaped area provision of the original development. Therefore, the proposal is considered satisfactory having regard to the provisions of the LEP.

 

7.2      Randwick Local Environmental Plan 1998 (Consolidation)

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

 

8.      Policy Controls

 

The proposed modification will have no impact in terms of the original DA's compliance with relevant policy controls as the proposal relates specifically to the installation of an electricity substation.

 

9.      Section 96 Assessment

 

Under the provisions of Section 96(AA), a consent authority may modify a development consent if it is satisfied that the development to which the development as modified is substantially the same development as the development for which the consent was originally granted; and has considered any submissions made concerning the proposed modifications.

 

9.1      Substantially the same

The proposed modification relates to the installation of an electricity substation on the subject site and will not be inconsistent with the original Court approval. It is therefore considered that the modified development will remain substantially the same as the development that was originally approved.

 

9.2      Consideration of submissions

As indicated in Section 5 above, the application, being a Section 96 AA application with minimal environmental impacts is not required to be advertised and notified pursuant to Clause 117 (Public participation – applications for modification of development consents involving minimal environmental impact), Sub-clause (1),  of the Environmental Planning and Assessment Regulations 2000.

 

10.      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.

 

The site remains suitable for the original approved development and will not be detrimentally affected by the proposed section 96 modification. The suitability of the site for approved development has been extensively addressed and assessed in the original determination of the DA.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 11:      A healthy/sustainable environment.

Direction 11a:    Council is a leader in fostering sustainable practices.

 

Conclusion

 

The proposed modification to the original development consent satisfies Section 96(AA) of the Environmental Planning and Assessment Act 1979, as amended, in that it will constitute substantially the same development, and approval of the modification will not result in any significant additional impacts upon the amenity of the surrounding development or the streetscape. Accordingly, the subject application is recommended for approval subject to appropriate amendment to Condition No. 108.

 

 

Recommendation

 

That Council as the responsible Consent Authority grant consent under Section 96(AA) of the Environmental Planning and Assessment Act 1979 to modify Development Consent No. DA/754/2005 to delete Condition No. 108 which requires a substation to be installed on the subject site at 54-58 Maroubra Road, Maroubra, in the following manner: 

 

1.     Amend Condition No. 108 to read as follows:

 

108. Any electricity substation required for the site as a consequence of this development shall not encroach onto Council property and where possible be screened from view.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

25 May 2010

 

 

 

Director City Planning Report No. CP36/10

 

 

Subject:                  4-6 Andrew Street, Clovelly

Folder No:                   DA/62/2010

Author:                   Wendy Wang, Environmental Planning Officer     

 

Proposal:                     Land subdivision of the site into two allotments with a car space to No. 6 (SEPP 1 due to non compliance with minimum allotment sizes and frontage widths)

 

Ward:                      North Ward

 

Applicant:                Ms L Treacy

 

Owner:                         Ms L Treacy

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

The subject proposal is referred to Council for determination as it contains variations to the standard for minimum allotment size (400sqm) and frontage width (12m) required for land subdivision within 2A zoned land under Clause 20B(1) of the Randwick Local Environment Plan 1998 (consolidation) (RLEP) by more than 10%.

 

The proposed development is for the subdivision of the existing property into two allotments as follows;

 

·           Lot 100 (6 Andrew Street) having an area of 278.7sqm with a frontage of 7.66m.

 

·           Lot 101 (4 Andrew Street) having an area of 285.1sqm with a frontage of 7.58m.

 

Both proposed lots are below the standard for minimum sizes (400sqm) and frontage widths (12m) required for 2A zoned land under Clause 20B(1) of the Randwick Local Environment Plan 1998 (consolidation) (RLEP).

 

The applicant has included an objection under State Environmental Planning Policy No.1 – Development Standards, and has argued that strict compliance with Clause 20B(1) of the Randwick Local Environmental Plan is unreasonable and unnecessary. In assessing the applicants SEPP 1 objection the following matters are addressed;

 

●    The proposed allotments are consistent with the majority of lot sizes and subdivision pattern in the immediate locality.

 

●    The variation to the development standards will not hinder the compliance with the relevant preferred solutions of the Development Control Plan for Dwellings and Attached Dual Occupancies.

 

●    The creation of a new allotment maintains the residential character of the street.

 

With respect to the above matters the proposed subdivision is consistent with the historical background of the immediate locality which includes the subdivision of semi detached dwellings to create new allotments adjacent to one another.

 

The application is recommended for approval subject to conditions.

 

2.    The Proposal

 

The application details the proposed Torrens title subdivision of the site into two allotments. The proposal lots are: -

 

·           Lot 100 (6 Andrew Street), 278.7sqm, with a frontage of 7.66m.

·           Lot 101 (4 Andrew Street), 285.1sqm, with a frontage of 7.58m.

 

3.    The Subject Site and Surrounding Area

 

The subject site is described as Lot 9 of Section 1 in DP 367, No. 4-6 Andrew Street, and is located on the western side of Andrew Street and is presently occupied by a single storey semi detached dwelling with a single hardstand carspace to No. 6 with access from Andrew Street. The dimension and land area of the site are summarised in the table below:


 

Boundary

Length

Land area

Eastern, Andrew Street boundary

15.24

 

Northern, side boundary

36.97

 

southern, side boundary

37.02

 

Western, rear boundary

15.24

 

 

 

563.8m²

The site is adjoined to the north and south by similar semi detached dwelling houses and the locality is predominantly characterised by a mixture of single and two storey residential dwellings.

 

4.    Site History

 

The dwellings were erected in the interwar period and have been separately serviced and rated since the construction of the pair of semi detached dwellings.

 

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

 

The proposal seeks to vary development standards contained within RLEP 1998 (Consolidation). A SEPP 1 objection has been submitted to Council.

                                                               

Pursuant to Clauses 20B(1) of the Randwick Local Environmental Plan 1998 (Consolidation), the minimum allotment size resulting from subdivision in 2A zones is 400sqm with each allotment having a frontage of at least 12m. The proposed variation is summarized in the table below:

 

 

Site area and frontage

Proposal

Lot 100, 278.7sqm and 7.66m frontage.

Lot 101, 285.1sqm and 7.58m frontage

LEP development standard

Minimum lot sizes of 400sqm and frontage of 12m.

Excess above or less than the LEP standard

The resultant lots areas represent 30% less than the minimum area and widths represent 37% less than the minimum width.

 

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).

 

Minimum allotment sizes Clause 20B

The stated purpose of the minimum allotment standard 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 objective of Clause 20B is to maintain the dominant subdivision pattern and low density character of land sized 2a

 

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

Comment:

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

 

·      The proposed allotments are consistent with the majority of lot sizes and subdivision pattern in the immediate locality. The table below provides a summary of the average allotment sizes along this side of Andrew Street: -

 

 

Property

Allotment size

4 Andrew Street (proposed)

285.1sqm

6 Andrew Street (proposed)

278.7sqm

8 Andrew Street

277.597sqm

10 Andrew Street

278.2sqm

12 Andrew Street

278.2sqm

14 Andrew Street

284.5sqm

16 Andrew Street

214.5sqm

18 Andrew Street

218sqm

 

·      The variation with the development standards will not hinder the compliance with the relevant preferred solutions of the Development Control Plan for Dwelling Houses and Attached Dual Occupancies, in relation to landscaped area, floor space ratio and setbacks etc.

·      The proposed frontage width is common within the immediate locality and any future development on the proposed lots will not be restrained by the frontage width.

·      The proposal is consistent with the relevant objectives of the Residential 2A zone in that it will formalise the use of the semi detached dwellings and maintain the residential character of the street.

·      The proposal does not seek to alter the existing dwellings on the site and will continue to provide a reasonable level of amenity to its occupants and the adjoining properties. 

·      The proposed subdivision aims at providing for a more sustainable, functional and efficient use of the subject site which is in accordance with the general aims and objectives of the LEP and the Environmental Planning and Assessment Act 1979.

 

The submitted SEPP 1 objection has 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 appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case, particularly as the proposed subdivision is in character with all of the other allotments in Andrew Street. As such, it is considered that the objection is well founded.

 

Matter 2

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

 

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

 

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

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

 


Comment

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

 

The proposal is also consistent with the relevant objectives of Residential 2A Zone in that it will allow for development which is consistent with the desired character of the locality.

 

Matter 3

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

 

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

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

 

Comment

The proposed development and variation from the development standards do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standards will not allow the best use of the site and allow the site to be developed in a consistent and orderly manner. 

 

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 standards 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 standards is unreasonable and unnecessary as the design scheme will achieve the objectives of the development standard.

 

Second

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

 

Comments:

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

 

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

The minimum allotment sizes have not been abandoned or discarded by any decision or actions of Council.

 

Fifth

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

 

Comments:

The existing Residential 2A zoning is not considered to be inappropriate for the locality.

 

6.    Community Consultation

 

The application was notified to the adjoining and nearby properties from 8 February 2010 to 22 February 2010 in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. No submissions were received at the conclusion of the public consultation process.

 

7.    Technical Officers Comments

 

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

 

Development Engineers

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

 

General Comments

An application has been received for a Torrens title subdivision of the existing semi detached dwellings to create two separate allotments.

 

This application does not attempt to change anything physically on the site. There is already a boundary fence between the two residences at the rear which has been in existence for quite some time (at least 20 years) and it is noted that no further works are proposed. Not withstanding Development Engineering will require some civil and drainage works to be completed prior to the issuing of a subdivision certificate so the site complies with Council’s current subdivision code.

 

There is some concern by Development Engineering at the lack of off-street parking for the two residences. The dwelling at No.6 does have a layback (in poor condition) and hardstand carspace available and although this is of insufficient size to comply with Australian Standard 2890.1 (2004) it appears it has been used as a carspace for quite sometime. A condition requiring the reconstruction of the layback and the construction of a concrete vehicular crossing has therefore been added to this report.  The dwelling at No.4 will have no off-street parking available to it and the small front and side setbacks of the dwelling prevent the provision of one as a condition of this consent. As the application is not creating additional parking demand in the area the non-provision of an off-street carspace is not considered critical in this instance.

 

Drainage Comments

This application presents the opportunity to fully formalise stormwater management on the site. It is noted that currently some of the roofwater runoff flows directly from downpipes to the ground surface at the rear of the property. Drainage arrangements shall be amended and fully formalised to comply with the conditions of this consent.

 

8.    Master Planning Requirements

 

Clause 40A(1) of RLEP 1998 (Consolidation) provides that consent may be granted to a development application made in respect of a site consisting of more than 4,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The sites have a combined area of 563.8m² and a master plan is not required.

 

9.    Relevant Environmental Planning Instruments

 

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

 

9.1    Randwick Local Environmental Plan 1998 (Consolidation)

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

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

Clause 10 Zone 2A

The proposed subdivision does not comply with the minimum allotment size standard required under Clause 20B of the RLEP. Whilst the shortfall is significant it is considered the circumstances of the case with regards to the existing subdivision pattern means that the proposed development may be supported. In particular, the proposed subdivision will not detract from the aesthetic character, environmental qualities and social amenity of the locality as the surrounding streets are characterised by allotments with similar dimensions.

 

Overall, the proposal is considered to be consistent with the general aims of RLEP 1998 (Consolidation) and the specific objectives of the zone in that the proposed subdivision will maintain the existing subdivision pattern in the street.

 

Clause 20B (1) – Minimum Allotment sizes

Clause 20B (1) sets out minimum standards for the subdivision of land within a 2A zone.

 

This clause is applicable to land subdivision. The minimum allotment size for the subdivision of land within a 2A zone is 400m with a 12m frontage. In this respect the proposed development for Torrens title subdivision into two lots does not comply as indicated in the table below.

 

 

Clause No.

Requirement

Provided

Compliance

20B (1)– Minimum allotment sizes Zone 2A

The minimum allotment size for subdivision of allotments in 2A zone is 400m², with each allotment having a frontage of at least 12m. 

Two lot subdivision for lots 1 & 2 with 278.7sqm and 285.1sqm, and with frontages measuring 7.66m and 7.58m, respectively.  

No – SEPP 1 submitted

 

Clause 21 - Subdivision

Clause 21 of RLEP 1998 (Consolidation) requires Council’s consent for subdivision works. The applicant has provided draft subdivision plans to Council for assessment and approval and this complies with the requirements of the RLEP in relation to subdivision.

 

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. If approval is granted for this application, a condition will be applied requiring a Section 73 Compliance Certificate under the Sydney Water Act 1994 to be obtained from Sydney Water Corporation.

 

10. Policy Controls

10.1    Development Control Plan No - Development Control Plan Dwelling Houses and Attached Dual Occupancies

The subject proposal does not seek to carry out any building works or alterations to the existing pair of semi detached dwellings on the site. The proposal will not result in any additional impacts upon the amenity of the surrounding locality or adjoining properties. The proposal is considered to satisfy the relevant objectives of the Development Control Plan for Dwelling Houses and Attached Dual Occupancies.

 

10.2    Subdivision Code

Clause A (1) of the Subdivision Code states that the subdivision of land shall not be approved in respect of an allotment of land with a 2A zone unless each new lot has an area of no less than 325m and is no less than 9m in width at the front alignment of the allotment. The proposed subdivision will create two new allotments with site areas of 278.7sqm and 285.1sqm, and frontages of 7.66m and 7.58m, respectively.

 

Not withstanding this requirement, Clause A (2) provides that Council may consent to the subdivision of land were the area or width departs to only a minor extent from the area or width as nominated in clause A(1).

 

The resultant site areas of 278.7sqm and 285.1sqm to each lot can be regarded as a minor departure from the minimum lot area, particularly as the area of the lots are consistent with surrounding properties in Andrew Street which have historically been subdivided to allow separate titles for semi detached dwellings. The proposal is consistent with the surrounding subdivision pattern and will not detract from the aesthetic character, environmental qualities and social amenity of the locality.

 

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.

 

The proposal is for the subdivision of the allotment only and does not propose any building works which will result in any impacts upon the amenity of the adjoining property or the established characteristics of the locality.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Excellence in urban design and a healthy environment.

Direction:  New and existing development is managed by a robust framework.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed subdivision is permissible with development consent under the Randwick Local Environmental Plan 1998 (Consolidation) and will provide for two allotments which are consistent with the others in this and the surrounding residential streets and will enable for the orderly and economic development of the allotment.

 

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 20B(1) of Randwick Local Environmental Plan 1998, relating to minimum allotment size and minimum frontage width for subdivision of land, respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 62/2010 for Torrens title  subdivision of the existing property into two allotments, at No. 4–6 Andrew Street, Clovelly, subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plan numbered Sheet 1 of 1, dated 16/12/2009 and received by Council on the 3 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:

 

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

 

2.       The 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.

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

 

3.       Prior to the issuing of a subdivision certificate the applicant must meet the full cost for Council or a Council approved contractor to:

 

a)       Re/construct concrete vehicular crossing and layback at kerb opposite the vehicular entrance to No.6 Andrew Street.

 

4.       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.

 

5.       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 drainage and associated infrastructure:

 

6.       Prior to the issuing of a subdivision certificate drainage infrastructure complying with the conditions of this development approval shall be approved and constructed. Detailed drainage plans shall be submitted to and approved by the certifying authority with a copy forwarded to Council if Council is not the certifying authority prior to the commencement of drainage works.

 

7.       Stormwater runoff from the two allotments shall be discharged either:

 

a)       To the kerb and gutter along the site frontage by gravity (without the use of a charged system); OR

 

b)       To a suitably sized infiltration area/s. As a guide  infiltration areas shall be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area on the site.

 

Prior to the use of infiltration, a geotechnical investigation will be required to determine whether the ground is suitable for infiltration. Should rock and/or a water table be encountered within two metres of the proposed base of the infiltration pit, or the ground conditions comprise low permeability soils such as clay, infiltration may not be appropriate.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

11.     Should infiltration be used for the disposal of rainwater a "restriction on the use of land” and “positive covenant" (under section 88B of the Conveyancing Act 1919) shall be placed on the title of the subject properties, in conjunction with the registration of the proposed plan of subdivision, to ensure that the infiltration system is maintained and that no works which could affect the design function of the infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

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

 

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

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

25 May 2010

 

 

 

Director City Planning Report No. CP37/10

 

 

Subject:                  7R Marine Parade, Maroubra

Folder No:                   DA/246/2010

Author:                   Matthew Choi, Environmental Planning Officer     

 

Proposal:                     Alterations to former Maroubra Beach bus terminal building located in Arthur Byrne Reserve and use as a surf school facility with hours of 7am to 7pm daily

 

Ward:                      Central Ward

 

Applicant:                Lets Go Surfing Pty Ltd

 

Owner:                         Randwick City Council

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 


1.    Executive Summary

 

This development application is referred to Council because the land is Crown land, under the care, control and management of Council.

 

The application details the alterations to the former Maroubra bus terminus building and to use as a surf school facility. The proposed works include internal alterations, the installation of new skylight windows, new security fold down doors, sliding door to the rear, interpretive panels along the eastern and western elevation; construction of removable surfboard racks on the northern and southern elevation and the replacement of existing windows with louvers.   

 

The application was notified from 21 October to 5 May 2010 in accordance with Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. One submission was received from the Maroubra Seals Sports and Community Club.

 

The site is identified as being within Zone No. 6A (Open Space Zone) under RLEP 1998 and subject to conditions, the proposal is considered to be consistent with the zoning objectives. The proposal will not result in any unreasonable adverse impacts on the amenity of the adjoining neighbours and the character of the locality.

 

The proposed development satisfies the matters for consideration under Section 79C

of the Environmental Planning and Assessment Act 1979, as amended and the relevant legislation, State policies and Local planning controls.

 

The application is recommended for approval subject to conditions.

 

2.    The Proposal

 

The proposal is for alterations to the former Maroubra Bus Terminus building located in Arthur Byrne Reserve to use as a surf school facility with hours of 7am to 7pm, seven days a week. 

 

3.    The Subject Site and Surrounding Area

 

The building site is located at the northern-eastern end of Arthur Byrne Reserve, adjacent to Maroubra Beach, Maroubra. The subject site is currently occupied by an existing bus shelter. The site has a frontage width of 10.6 metres, a side boundary depth of 4.1 metres and a total site area of 43.46 metres².

 

Neighbouring the property to the North-West of the subject site is Marine Parade and adjoining the subject site to the South-East is Maroubra Beach, Maroubra Beach.

 

4.    Site History

 

Council’s property information database records the following development application history.

 

DA/711/2003 – An application was withdrawn on the 2nd of February 2007 for outdoor seating in conjunction with a café at the bus terminal in Maroubra.

 

5.    Community Consultation

 

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

 

 

5.1 Objections

 

Author: David Popplewell (Vice President for the Maroubra Seals Sports and Community Club)

Objection

Comment

There is concern the proposed Maroubra Bus Terminal will be subject to flooding.

The subject site is located adjacent to a localized low point and may be subject to stormwater inundation during major storm events. Conditions of consent have been included by Council’s Development engineer to ensure the installation of electrical equipment and the storage of any goods is above the RL 6.60.     

The proposal states that the subject site is not within the foreshore scenic protection area.

The subject site is not located within the foreshore scenic protection area.

There is concern that there is a lack of facilities available for employee use

Councils building inspector has commented that adequate public toilet facilities are available for employee use along Maroubra Beach. Consequently, additional facilities for employee use are not required. 

 

There is concern that there is insufficient parking provided for the proposed surf school.

 

 

Council’s property officer has allowed for one authorised parking space be located within the car parking area adjacent to the Maroubra beach pavilion. Consequently, the proposal will comply with the DCP Parking as it will rely on one parking space per 50m2 of gross floor area. 

The application does not address all questions on the application checklist form.

Noted. However, sufficient information has been provided for a detailed assessment of the subject application.

The existing water closets are not shown on the plans as existing or demolished.

Council has contacted the applicant and they are aware of the existing water closets within the former Maroubra Beach Bus Terminal. The applicant has specified that they are removing the existing water closets.

 

5.2 Support

 

There are no supporting letters attached to this application.

 

6.    Technical Officers Comments

 

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

 

Property Officer

Council Property Officer raised no objection to the proposal.

 

That the licensee will be entitled to one (1) authorised car parking space located within the car parking area adjacent to the Maroubra Beach Pavilion. The licensee will not be permitted to have vehicle access to the beach, promenade or within the foreshore parks or any other public area not legally designated for public vehicular parking.

 

That the licensee will be entitled to use the old bus/tram shelter located at 7R Marine Parade, Maroubra for storage of items and equipment ancillary with the operation of the surf lessons and for storing client’s and staff’s personal items while lessons are operating. The old bus/tram shelter is to be secured and is to be locked at all times. At all times this area and the vicinity should be kept clean and tidy.

 

Until recently this building has been the responsibility of the State Transit Authority. The site is being integrated into the reserve and now is the responsibility of Council. The poor condition of this building will necessitate considerable materials renewal. A summary of the major areas of degradation Council have repaired are:

 

•      Roof replacement.

•      Perimeter timber boarding, fascia and valence work upgraded and replaced.

•      Treated rusted trusses connections

•      Replacement of sections of exposed rafters

 

The main objective of the licensee’s proposed building works should be to secure the building, within the limitations of the existing footprint of the premises, being mindful of the current design and façade of the building and to fit-out the building for storage of equipment and boards associated with the running of the Learn to Surf School.

 

The OBTB has recently been classified by the National Trust of Australia and included in its Register. This classification has no legal force but it is evident that this building is highly regarded by a number of members of the community. For the purpose of this Tender the heritage characteristics of the OBTB are to largely stay in place in its future use. This does not however prohibit a sympathetic extension to the building or changes that will need to occur to allow for the functional requirements of a future use.

 

The successful Tenderer will be required to enter into an Agreement for Licence and subsequently into a Licence for the development and use of the OBTB. Drafts of the proposed terms of the agreements follow. The terms may be amended to reflect the details of the successful Tender submission.

 

The premise is only to be used in conjunction with the provision of Learn to Surf Lessons and Classes. The premise is not to be used for sale of goods, food or beverages. The building is not to be used predominantly as a formal office or business premises and only used ancillary to the provision of Learn to Surf classes for bookings. The primary use of the building is for storage of surf school equipment.

 

A successful Tender does not imply development approval under the Environmental Planning and Assessment Act. If the successful Tenderer submits a Tender that complies with the aforesaid development parameters and subsequently lodges a development application with the Council that similarly complies with the said parameters, and the Council does not grant its approval to the lodged development application the successful tenderer will not be able to undertake the proposed works or commence use of the Tram Shelter.

 

It is strongly recommended that Tenderers consult with a Heritage Consultant prior to lodgment of the development application.

 

Development Engineering

 

Flooding Comments

The Planning Officer is advised that the subject development site is located adjacent to a localized low point and may be subject to stormwater inundation during major storm events. Council has commissioned a recent flood study in the area that has determined the 1 in 100 yr flood level in the vicinity of the site to be RL 6.30.

 

Thus, store cupboards and garbage storage shall be located at a minimum RL of 6.60 AHD (with 300mm freeboard). Additionally;

 

·           There shall be  no electrical connections below RL 6.60 (AHD);

 

Parking Comments

No parking is proposed for the 5 employees for the proposal but given the site’s proximity to public transport and the large amount of on-street parking in the vicinity of the site there is no objection from Development Engineering.

 

Landscape Comments

There are no existing trees, (covered by Council's Tree Preservation Order), that will be affected by this proposal.

 

Note from Planning Officer: Council’s property officer has entitled the licensee to one authorized car parking space located within the car parking area adjacent to the Maroubra Beach Pavillion.

 

Heritage Officer

The former Maroubra Tram Shelter is prominently located within the open space area on the eastern side Marine Parade.  The configuration of Marine Parade originally comprised a tram loop around a wide central median with the tram shelter on the edge of the footpath.  The date of construction of the tram shelter is unknown, but the tram line to Maroubra Beach was opened in 1921 and the tram shelter appears in the aerial photographs of 1930.  The building is not listed as a heritage item under Randwick Local Environmental Plan 1998 (Consolidation), however the Urban Design and Planning Strategy for the Maroubra Beach Commercial Precinct prepared by Keys Young in 1997 recommended retaining the bus/tram shelter as a kiosk, in conjunction with relocation of the bus terminus and narrowing the roadway.  Marine Parade was subsequently realigned and the former tram shelter is now well set back from the edge of the footpath at a distance from the roadway. 

 

The application proposes alterations and additions to allow the use of the building as a booking outlet and storage facility for a surf school.  Internally it is proposed to remove several walls and to provide change rooms at the southern end of the building and storage for surfboards and wetsuits, new sinks are to be installed and the existing floor finish replaced.  Externally, it is proposed to block an existing door and window with new graphics boards/interpretative panels, to replace existing timber louvres in the side elevations with metal louvres, to provide a new door and two new skylights in the rear elevation and to provide new fold down timber security screens to the front elevation.  Flags and surfboard racks provided outside the building during opening hours and will be removed and stored inside overnight.  A consent condition should be included requiring submission of detail of proposed graphics boards/interpretative panels as it is not clear whether the purpose of these boards or panels is interpretation or advertising.

 

In 2006, Maroubra Bea ch became the second Australian beach to be named a National Surfing Reserve.  It is appropriate that the former tram shed is to be adapted for use as a surf school.  The proposal will retain a public use for the building, the open layout of the interior of the tram shed and a large proportion of the original form, materials and detailing.  In relation to the proposed colour scheme, it is noted that the colour scheme of the building has changed a number of times in accordance with the standard colour schemes adopted by the government tram and bus operators.  The proposed blue and white colour scheme relates to an earlier corporate colour scheme when these buildings were painted to match the colour schemes of the buses themselves. 

 

7.    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. The proposed development is not expected to result in any significant adverse environmental impact on either the natural or built environment. The proposal is not considered to result in any detrimental social or economic impacts on the locality.

 

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998

 

Randwick Local Environmental Plan 1998

 

Clause 18: Zone No. 6A (Open Space Zone)

The land is zoned 6A Open Space and the proposed development is permissible with development consent. The relevant zone objectives include:

 

·      to identify publicly owned land used or capable of being used for public

recreational purposes, and

·      to allow development that promotes, or is related to, the use and enjoyment

of open space, and

·      to identify and protect land intended to be acquired for public open space, and

·      to identify and protect natural features that contribute to the character of the

land, and

·      to enable the sustainable management of the land.

 

The assessing officer considers the proposal to be consistent with the zone objectives primarily because it is development that is related to the use and enjoyment of open space.

 

Clause 38: Development in Open Space Zone

Clause 38 of Randwick LEP 1998 states that Council may grant consent to the development of land within zone 6A if it is satisfied that the proposed use is suited to that location and the use is consistent with any plan of management prepared for the area. In addition, consideration must be given to the need for the proposed development, if it relates to the use and enjoyment of the open space, the impact upon the likely future use and character of the land and the need to retain the land for its existing or likely use.

 

The proposed alterations to the former Maroubra Beach Bus Terminus building and to use as a surf school facility with hours of 7am to 7pm will promote the objectives of the zone. The proposal satisfies the provisions of Clause 38 of the LEP.

 

Clause 38(2) requires the consideration of a number of issues when determining an application to carry out development on land zoned 6A. The relevant issues discussed below.

 

(a)      The need for the proposed development on that land

 

It is considered that the use of a surf school facility within the existing Maroubra Beach Bus Terminus Building would rejuvenate an unused site, whilst still contributing to a strong local economy within Maroubra. Further the proposal will contribute to the recreational needs of both visitors and local residents alike.

 

(b)      Whether the proposed development promotes or is related to the use and enjoyment of open space.

 

The proposed development is related to the use and enjoyment of open space. The use of the Bus Terminal to a Surf school facility would allow the community to benefit from the enjoyment of the surrounding public open space area and the locality, in particular Maroubra Beach. 

 

(c)      The impact of the proposed development on the existing or likely future use and character of the land.

 

The proposed development will not result in any adverse environmental impacts on the public domain in terms of overshadowing, access to pedestrian walkways etc, and as such will not impact existing or likely future use of the land.

 

State Environmental Planning Policy 71

This policy aims to:

 

·      protect and improve existing public access to and along coastal foreshores to the extent that this is compatible with the natural attributes of the coastal foreshore, and

·      ensure that new opportunities for public access to and along coastal foreshores are identified and realised to the extent that this is compatible with the natural attributes of the coastal foreshore, and

·      protect and preserve Aboriginal cultural heritage, and Aboriginal places, values, customs, beliefs and traditional knowledge, and

·      ensure that the visual amenity of the coast is protected, and

·      protect and preserve beach environments and beach amenity, and

·      protect and preserve native coastal vegetation, and

·      protect and preserve the marine environment of New South Wales, and

·      protect and preserve rock platforms, and manage the coastal zone in accordance with the principles of ecologically sustainable development (within the meaning of section 6 (2) of the Protection of the Environment Administration Act 1991), and

·      manage the coastal zone in accordance with the principles of ecologically sustainable development (within the meaning of section 6 (2) of the Protection of the Environment Administration Act 1991), and

·      ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and

·      encourage a strategic approach to coastal management.

 

The proposed development is for minor alterations to the existing Maroubra Beach Bus Terminal and use of a surf school will not in conflict with any of these aims, or those matters for consideration set out in Clause 8 of the policy.

 

8.1 Policy Controls

 

Development Control Plan - Parking

 

The subject premises has a floor area of 43 square metres and would therefore be required to provide one off-street parking space.

 

Council’s property officer has entitled the licensee to one authorized car parking space located within the car parking area adjacent to the Maroubra Beach Pavillion. Therefore the proposal will comply with the DCP.

 

Development Control Plan – Outdoor Advertising

The proposed signage located on the eastern and western elevation of the former Maroubra Beach Bus Terminal satisfies the objectives of Section 2.5 of the DCP for Outdoor Advertising. The proposed advertising sign and the installation of interpretive panels will relate to the activities carried out and the available facilities provided on the subject site. The proposed interpretive panels are sympathetic and will not dominate the buildings character. Further, no objection has been received from Council’s heritage officer. 

 

Coastline Hazard Manual

 

Section 733 Local Government Act

A council does not incur any liability in respect of anything done or omitted to be done in good faith (that is, substantially in accordance with the principles contained in the State Government’s Coastline Management Manual) in so far as it relates to the likelihood of land being affected by a coastline hazard.

 

Maroubra Beach Plan of Management

The proposal is consistent with the objectives of the Maroubra Beach Management Plan in that the proposed activity and built form will:

·      Enhance the image of Maroubra Beach and to improve the public’s use and enjoyment of its recreational assets

·      To provide an efficient, diverse, environmentally sustainable and socially responsive range of land uses over the site;

·      To recognise and capitalise upon those valuable intrinsic characteristics that make Maroubra Beach one of Sydney’s most popular recreational assets whilst retaining an essentially local landscape and urban character.   

 

The proposed alterations to the former Maroubra bus terminus building and to use as a surf school facility is not inconsistent with the above policies.

 

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.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

This development application is referred to Council because the land is Crown land under the care and control of Council.

 

The subject application has been reviewed taking into account of the reasons and arguments submitted by the applicant. Having regard to all relevant matters for consideration, the proposal is considered to be acceptable and should not result in any significant adverse impact upon the amenity of the nearby properties and the character of the locality. 

 

For the above reasons, it is recommended that Council’s determination of the original development application should be rescinded and the application should be approved subject to conditions.

 

 

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/246/2010 for alterations to the former Maroubra Beach Bus terminal building located in Arthur Byrne Reserve and use as a surf school facility with hours of 7am to 7pm daily, at No. 7R Marine Parade, Maroubra, subject to the following conditions:

 

Referenced plans:

 

1.       The development must be implemented substantially in accordance with the plans numbered 10006, dated March 2010 and received by Council on 12/04/2010, the application form, and on any supporting information received with the application, except as may be amended by the details/amendments approved pursuant to the deferred commencement conditions and by the following conditions and as may be shown in red on the attached plans:

 

2.       The hours of the operation of the business are restricted to: - Monday through to Sunday inclusive, from: 7am to 7pm (unless approved otherwise in a relevant development consent).

 

3.       That the licensee will be entitled to one (1) authorised car parking space located within the car parking area adjacent to the Maroubra Beach Pavilion. The licensee will not be permitted to have vehicle access to the beach, promenade or within the foreshore parks or any other public area not legally designated for public vehicular parking.

 

4.       That the licensee will be entitled to use the old bus/tram shelter located at 7R Marine Parade, Maroubra for storage of items and equipment ancillary with the operation of the surf lessons and for storing client’s and staff’s personal items while lessons are operating. The old bus/tram shelter is to be secured and is to be locked at all times. At all times this area and the vicinity should be kept clean and tidy.

 

5.       The proposed alterations and additions including provision of change rooms, sinks, louvres and new openings are to be carefully carried out to minimise damage to original building fabric.  Fitout elements including storage racks and security screens are to be installed to allow the future removal of these elements without damage to building fabric. 

 

6.       Detail of the wording and images for the proposed graphics boards/interpretative panels are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development. 

 

The following conditions are applied to satisfy relevant legislative requirements and to provide reasonable levels of health, safety and amenity:

 

Building regulation & construction conditions

 

7.       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.

 

8.       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).  Details of compliance are to be provided in the construction certificate.

 

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

 

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

 

10.     Prior to the commencement of any building or ‘fit-out’ works, the person having the benefit of the development consent must:

 

·       appoint a Principal Certifying Authority for the building work, and

·       appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing, and

·       unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

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

 

11.     The works must be inspected by the Principal Certifying Authority, 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.

 

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

 

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

 

The Fire Safety Certificate must include details of all of the fire safety measures contained in the building and as detailed in the fire safety schedule attached to the Construction Certificate.

 

Prior to issuing any Occupation Certificate the Principal Certifying Authority must be satisfied that all of the relevant fire safety measures have been included and are sufficiently detailed within the Fire Safety Certificate. A copy of the fire safety certificate must be displayed in the building near the entrance and a copy must be forwarded to the NSW Fire Brigades.

 

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

 

14.     Any 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.

 

15.     In existing buildings, the following works are to be carried out to ensure minimum levels of fire safety (as applicable):-

 

1)     Any new or replacement ceilings walls and floor linings and doorways are required to satisfy the relevant requirements of the Building Code of Australia. 

 

2)     Any residential parts of the building must be provided with a smoke detection and alarm system, in accordance with the relevant provisions of the Building Code of Australia.

 

3)     Any residential part/s of the building are to be suitably fire-separated from the commercial area encompassed in this development application.

 

Details of the abovementioned items and other building and fire safety works are to be provided in the construction certificate.

 

16.     Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Internal work only within a commercial or industrial development, located in a commercial or industrial zone, which is not audible within any residential dwelling or commercial or industrial premises

·   Monday to Saturday - No time limits (subject to column 1)

·   Sunday & public holidays - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

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

 

a)          The removal, storage and disposal of any materials containing asbestos must be carried out in accordance with the relevant requirements of WorkCover NSW, Council’s Asbestos Policy and the following requirements:

 

·         A licence must be obtained from WorkCover NSW for the removal of friable asbestos and or more than 10m2  of bonded asbestos (i.e. fibro)

·         Asbestos waste must be disposed of in accordance with the Protection of the Environment Operations Act 1997 & relevant Regulations

·         A sign must be provided to the site/building stating “Danger Asbestos Removal In Progress”

·         A Clearance Certificate or Statement must be obtained from a suitably qualified person (i.e. Occupational Hygienist) upon completion of the asbestos removal works, which is to be submitted to the Principal Certifying Authority and Council prior to issuing an Occupation Certificate.

 

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

 

b)          A sign must be provided and maintained in a prominent position, 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”.

 

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

 

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

 

The owner/builder must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council.  For further information, please contact Council’s Road/Asset Opening Officer on 9399 0691 or 9399 0999.

 

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

 

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

 

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

 

h)          Public safety must be maintained at all times and public access to any demolition and building works, materials and equipment on the site is to be restricted. If necessary, a temporary safety fence or hoarding is to be provided to protect the public. Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

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

 

i)      Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents.

 

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

 

Health & amenity

 

18.     The operation of the premises and all plant and equipment must not give rise to an environmental health or public nuisance or, result in an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the use and operation of the premises (including all 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 DECC/EPA Noise Control Guidelines.

 

19.     Access and/or facilities for people with disabilities must be provided to new buildings and new building work in accordance with the relevant provisions of the Building Code of Australia, to the satisfaction of the Certifying Authority and details are to be provided with the Construction Certificate application

 

Waste management

 

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

 

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

 

Services

 

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

 

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

 

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

 

The principal certifying authority is required to ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans prior to the commencement of any building works.

 

The following conditions are applied to protect the proposed developed from stormwater inundation/flooding:

 

23.     There shall be no electrical connections below RL 6.60 (AHD) in any part of the building.

 

Civil Works Conditions

 

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

 

24.     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.

 

25.     All external civil work to be carried out on Council property and/or the land under the care and control of Council (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council’s Policy for “Vehicular Access and Road and Drainage Works” and the following requirements:

 

a)       All work on Council land and/or the land under the care and control of Council must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

 

b)       Details of the proposed civil works to be carried out on Council land and/or the care and control of Council must be submitted to Council in a Pre-paid Works Application Form, prior to issuing an occupation certificate, together with payment of the relevant fees.

 

c)       If it is proposed to use non-Council contractors to carry out the civil works on Council land and/or the land under the care and control of Council, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

 

d)       The civil works must be completed in accordance with Council’s conditions of consent and approved design and construction documentation, prior to occupation of the development, or as otherwise approved by Council in writing.

 

Service Authority Conditions

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

 

26.     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.

 

27.     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.

 

ADVISORY

 

A1      The assessment of this development application does not include an assessment of the proposed building work under the Building Code of Australia (BCA).

 

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

 

A2      In existing buildings, the levels of fire and occupant safety should be upgraded where necessary and details should be incorporated in the Construction Certificate to the satisfaction of the Certifying authority.

 

Where the levels of accessibility to existing buildings do not meet current standards, if practicable, the level of accessibility should also be upgraded in conjunction with the proposed development (e.g. via the installation of a 1:8 access ramp within the building) and details included in the construction certificate application.

 

Building owners, applicants and builders are advised to speak to the appointed Certifying Authority prior to lodgement of the Construction Certificate.

 

A3      The applicant/owner is advised to engage the services of a suitably qualified and experienced Acoustic consultant, prior to finalising the design and construction of the development, to ensure that the relevant noise criteria and conditions of consent can be fully satisfied.

 

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

 

Attachment/s:

 

Nil

 

 


Ordinary Council

25 May 2010

 

 

 

Director City Planning Report No. CP38/10

 

 

Subject:                  21-29 Munda Street, Randwick

Folder No:                   DA/206/2010

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     Retrofit of Randwick Community Centre to improve energy and water efficiency including alterations to openings, addition of awning, installation of rain water tanks and solar panels; installation of new kitchen; construction of an outdoor classroom, shed, wind turbine, lighting, new interpretive fence and roof over existing interpretive structure

Ward:                      East Ward

Applicant:                Randwick City Council

Owner:                         Randwick City Council

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 


1.    Executive Summary

 

The application is for a proposed retrofitting of the Randwick community centre to improve energy and water efficiency including alterations to openings, addition of awning, installation of rainwater tanks and solar panels installation of new kitchen; construction of outdoor classroom, shed, wind turbine, lighting, new interpretive fence and roof over new interpretive structure.

 

The application was notified in accordance with Council’s DCP – Public notification. No submissions were received to the proposal.

 

The development incorporates high levels of environmental sustainability in its design and is in compliance with relevant planning controls.

 

The application is recommended for approval.

 

2.    The Proposal

 

The proposal involves retrofitting of the existing Randwick Community centre comprising the following works:

 

In the course of assessing the application, advice was provided by Council’s Sustainability Unit requiring an amendment to the location and specification for the proposed wind turbine. Accordingly, the wind turbine will be relocated from the south-western corner of proposed building to a stand-alone location in the landscaped area adjoining the southern pathway and southern door leading to Hall 1 and near the hot water system adjoining the southern wall of Hall 1. The wind turbine is proposed to be max 2.4 kW with a 13m high pole installed on a base 2.4m long by 2.4m wide.

 

3.      The subject site and surrounding area

 

The existing Randwick community centre is land comprising Lot 11 in DP 1042814 which is located internally within the Bundock Street Defence Site generally on the north-western side of the proposed Randwick Environmental Park. The subject site is part of the development precinct identified in the adopted Master Plan for Bundock Street Defence Site.

 


Figure 1 : Aerial view of subject site

 

 

Photo 1: Existing Randwick Community Centre at 21-29 Munda Street, Randwick

 

Photo 2: Existing BBQ area in the rear landscaped area of the community centre. 

 

Photo 3: Existing Naval Store interpretive structure in the rear landscape area of the community centre.

 

 

Photo 4: Rear of existing community centre.

 

Lot 11 is regular in shape measuring approximately 99 metres wide and 145 metres long, and has an area of 1.424 ha. The portion of Lot 11 that is allocated for the community facility buildings has a site area of approximately 3,000 sqm. Existing on Lot 11 is the existing Randwick Community centre, Annabel House and a child daycare centre.

 

The site is relatively flat with a slight rise towards the north. The Randwick Environmental Park adjoins Lot 11 to the north, east and south. Further to the north and north-east is the Mirvac Esperence residential development (in the earlier Stage 1A area of the Defence Site development precinct). To the west is more land forming part of the overall Defence Site development precinct.

 

4.      Site history

 

The subject site forms part of the wider Bundock Street Defence site for which a Master Plan was adopted on 13 November 2001. This Master Plan details the sub-division and development of the Bundock Street Defence site primarily for residential, open space and community facility purposes, and the establishment of the Randwick Environmental Park.

 

On 17 September 2002, DA No. 426/2002 was approved by Council for the erection of a community centre, with associated park and utility services in the subject site.

 

A number of Section 96 applications to do internal changes to the existing community centre have been approved previously.

 

5.      Community consultation

 

The application was notified to immediately adjoining properties and advertised for 14 days in accordance with the provisions of Council’s DCP – Public Notification. A sign was also placed on the site. No submissions were received.

 

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:

 

6.1    Development Engineers

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

 


6.2    Building Services Comments

The application was referred to Council’s Building Services for comment. No objections were raised subject to conditions with any approval.

 

6.3    Environmental Health Comments

The application was referred to Council’s Environmental Health for comment. The following comments have been made:

 

“Reference is made to development application for Council Community Centre 27 Munda Street Randwick.

 

The proposal consists of landscaping, paving, rear shade covering, toilet compost and landscape irrigation.

 

The subject site has a Site Audit Statement (SAS) 2002/20A which confirms the site is suitable for the intended use :

 

§ residential with accessible soil including garden(minimum home grown produce contributing less 10 precent fruit and vegetable intake) excluding poultry;

 

§ daycare centre,preschool,primary school;

 

§ park, recreational open space, playing field.

 

Notes/Advisements

There are no conditions attached to the SAS, however, it is recommended based on the SAS that any future excavation works in the area should, as a matter of good practice, conform to the NSW WorkCover Authority Guidance for Excavation titled "Excavation Code of Practice "- Catalogue Number 312, dated 31st March 2000.(any contractors should be advised of this.)

 

Given the proposed community garden beds, although not required it is recommended the vegetable/fruit beds proposed be raised a minimum of 300mm of imported virgin soil or purpose specific soil for the garden beds.

 

Comment : Advisory conditions will be applied to address these soil issues should approval be granted.

 

Further information has been requested from the selected contractor in relation to the compost toilet. However it is recommended that the proposed toilet be approved subject to compliance with Department of Water and Energy Guidelines 2008 and a requirement for a local approval in relation to the installation/operation of the compost toilet.

 

7.      Relevant Environmental Planning Instruments

 

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

 

7.1    Randwick Local Environmental Plan 1998

The site is zoned Zone 6A – Open Space under the Randwick LEP 1998 (Consolidation) The proposed development will be permissible with Council’s consent under the zoning.

 

The following relevant clauses apply to the proposal:

 

Clause 18          Zone No 6A (Open Space Zone)

Clause 20C        Site Specific Development Controls

Clause 20D        Traffic and transport measures for Zone No. 2D

Clause 38          Development in open space zones

 

Clause 18           Zone No 6A

The objectives of Zone No 6A that are relevant to the proposed development are:  

 

(a)  to identify publicly owned land used or capable of being used for public recreational purposes, and

(b)  to allow development that promotes or is related to, the use and enjoyment of open space, and

(e)  to enable the sustainable management of the land

 

The proposed retrofitting of the existing Randwick Community Centre and refurbishment of the adjoining landscaped area are consistent with the above specific objectives of the Open Space 6A zone as well as the general aims of the Randwick Local Environmental Plan 1998 (RLEP 1998). In particular, the proposal will improve the amenity and function of the existing community centre for public use by enhancing the energy and water conservation of the existing centre as well as making the centre into a sustainability educational hub through the use of interpretive sustainable gardens. Additionally, the proposed activity will not adversely impact the aesthetic character, environmental qualities and social amenity of the locality.

 

Clause 20C        Site Specific Development Controls

The proposal does not result in any non-compliance of statutory controls contained in the relevant built form control maps applicable to the specific site (in this case the Bundock Street Defence Site) as follows:

 

Control

Requirement

Proposal

Compliance & Comments

Max FSR

Nil

Existing approved FSR of 0.4:1 remains.

N.A. – The proposal is primarily for retrofitting of the existing  Randwick Community centre for sustainability purposes with minimal, if no, increase in the existing floor area of the centre. A small 6 sqm potting shed is proposed in rear garden area.

Landscape Area

Nil

Existing 1.1 hectares  of landscaped community park adjoining the existing Randwick Community centre remains.

N.A. - Approved landscaped area remains unchanged. The existing community centre is adjoined by an existing landscaped community park which is over 1.1 ha part of which is proposed to be refurbished as a sustainable garden with interpretive elements and outdoor educational purposes.

Max Building, Wall & Storey Heights

Nil

The existing approved 5.6m roof ridge of the existing Randwick Community centre remains.  

N.A. - Approved maximum building height of 5.6m to roof ridge remains unchanged.

 

Clause 20D        Traffic and transport measures for Zone No. 2D

The existing Community Centre was approved with on-street carparking in the form of 15 staff carparking spaces on the adjoining Munda Street and visitor carparking in surrounding streets, in particular, 36 angled carparking spaces along the southern side of Dooligah Avenue. The proposed retrofitting of, and provision of sustainability educational facilities in, the existing community centre is not considered to change the staff and visitor carparking requirements of the existing centre such that the existing approved carparking arrangements are considered reasonable and acceptable especially for the following reasons:

 

§ The provision of any additional car parking on-site will result in a dominance of hardstand areas that will detract from the bushland setting of the community centre, be incongruous with the open space zoning, and will be detrimental to the sustainability goals of the current proposal as well as the environmental quality of the adjoining Randwick Environmental Park.

 

§ Any additional carparking would be contrary to the promotion of sustainable forms of transport to the centre such as cycling and walking.

 

§ The community centre facility is consistent with the adopted Master Plan, which makes no provision for on-site carparking.

 

§ On-street carparking in the long term is considered to be adequate following completion of the overall Bundock Street Defence site redevelopment.

 

The applicant provided a Traffic Impact Assessment with the original approved DA for the community centre (DA/0426/2002) which estimated the expected vehicle trips from the community centre and park to be 75 vehicle trips per hour at peak, comprising 15 staff trips and 60 visitor trips. The applicant has indicated no reason to expect that the current proposed development would detract from these original estimates as the centre essentially remains a community centre albeit with enhanced sustainability functions. As such, the level of expected traffic generation will be comparable to the level of generation associated with the existing community centre and therefore will have no additional trips on the road network.

 

Council’s Development and Traffic engineers raise no objection to the parking and traffic impacts of the proposed development.

 

Clause 38 Development in open space zones

Clause 38 (1) requires that the determination of any development application for development within open space zones must consider the following:

 

(a)    the need for the proposed development on that land

Comment:    The proposal is needed to improve the amenity and sustainability of the existing Randwick Community Centre as well as refurbish existing landscaped elements in the landscaped area adjoining the community centre.

 

(b)    whether the proposed development promotes or is related to the use and enjoyment of open space

Comment:    Part of the proposal involves the refurbishment of the existing BBQ area by providing for a roof covering over this area linked to a new interpretive fence containing messages about sustainable gardening which in turn is linked to new sustainable gardens for the enjoyment and education of the community. All these elements contribute towards the sustainable use of the existing open space in both an enjoyable as well as educational way. 

 

(c)    the impact of the proposed development on the existing or likely future use and character of the land

Comment:    The proposed works will improve the function of the community centre by bringing it up-to-date in terms of ecologically sustainable practices and systems with a view to a future long term goal of maintaining best practice and educating the community of such practices.

 

(d)    the need to retain the land for its existing or likely future use

Comment:    The existing community centre will continue to be used by a range of community groups including Council community and sustainability engagement activities. The retrofitting and refurbishment works will enhance the function of the existing centre to become even more engaging and relevant to the community into the future. 

 

8.2    State Environmental Planning Policies

 

State Environmental Planning Policy No. 55 - Remediation of Land

This SEPP provides a state wide practice for the remediation of contaminated land. A Site Audit Statement (SAS) and Summary Site Audit Report (SSAR) have been issued for the subject site on 23 September 2003 by Mr Ross McFarland then at CH2M HILL Australia Pty Limited. Notwithstanding this, an advisory condition to address any unexpected contamination finds will be applied should approval be granted. 

 

The proposal involves the installation of a permaculture interpretive garden containing, among other things, planter beds. Advisory conditions will be applied requiring minimum raised levels for the planter beds as an added precaution to maintain environmental safety in respect of unexpected contamination finds at the existing ground level.

 

State Environmental Planning Policy No. 19 – Bushland in Urban Areas

This SEPP requires the consent authority to consider the potential impact of the development on, and the proposed management of, bushland when determining development applications within or adjacent to land zoned or reserve for public open space. Bushland regeneration areas are located within the adjacent Randwick Environmental Park containing strands of Eastern Suburbs Banksia Scrub. An assessment of the proposal, having regard to SEPP 19, indicates that the proposed development is consistent with the aims of the SEPP as it will not affect the bushland in terms of overshadowing or construction impacts given the considerable distance between the subject site and the bushland (ie., the subject site is separated from the bushland by a distance of approximately 20m such that it would not be affected by the proposed development).

 

9.      Policy Controls

 

The following policy controls are relevant to the application:

 

·      Development Control Plan – Defence Site Kingsford

·      Development Control Plan – Parking

 

Development Control Plan – Defence Site Kingsford

The proposal has been assessed in relation to the Development Control Plan – Defence Site Kingsford. The DCP provides a framework for the redevelopment of the Defence Site containing controls and objectives to guide builtform, provide environmental and amenity standards, and give appropriate design guidelines for facilities and access.

 

The main prescriptive DCP standards are contained in the built form control maps sanctioned under Clause 20C (Site Specific Development Controls) of the Randwick LEP 1998 (Consolidation) have been assessed in Section above. The assessment indicates that whilst no controls are applicable to the community centre site, the current proposal does not result in any additional departures from the standards of the DCP beyond those already assessed and approved under the original application. Accordingly, no further variation in non-compliances is proposed under the subject DA. 

 

The proposal will be consistent with the Objectives and Controls contained in Section 4 (Environmental Design) of the DCP in particular in relation to the following:

 

4.1    Landscaped Area and Water Management

Comment: Primarily, the proposed works include provision of improved outdoor furniture, sustainable gardens, and water sensitive design elements (reed bed, swale and infiltration) that promote landscape and water management objectives of the DCP.

 

4.4    Solar Access

Comment: The proposal will provide for additional skylights, solar panels and solar overhead lighting that promote solar access objectives of the DCP.

 

4.5    Energy Efficiency

Comment: The proposal will provide for awnings, louvers, a wind turbine, additional skylights, solar panels and solar overhead lighting that promote energy efficiency objectives of the DCP.

 

4.7    Water efficiency

Comment: The proposal will provide for water sensitive design elements in the landscape area, accredited wet composting toilets, rainwater collecting tanks, louvers, additional skylights, solar panels and solar overhead lighting that water efficiency objectives of the DCP.

 


Development Control Plan – Parking

The DCP – Parking is applicable for developments within the Bundock Street Defence Site. Notwithstanding this, the current proposal is not considered to result in any additional departures from the provisions of the DCP – Parking beyond those already assessed and approved under the original application. Accordingly, the original provision of 15 staff carparking spaces on Munda Street in addition to some 36 available off-street public carparking spaces on the southern side of Dooligah Avenue will remain adequate for the proposed development.

 

10.      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.

 

10.1    Natural Environmental Impact

Section 5A of the Environment Planning & Assessment Act 1979 requires an eight-part test to be undertaken where threatened items or habitats are likely to be detrimentally affected by development. An area of bushland containing Eastern Suburbs Banksia Scrub is located approximately 20m away to the north of the subject site. The proposal will be unlikely to affect the existing bushland such that an 8-part test is not required for the following reasons:

§ The proposal is for retrofitting of the existing community centre building and refurbishment of existing landscaped areas and not for any major redevelopment of the site involving additional bulk and scale. As such, the proposal will have minimal, if no, impact on the existing remnant bushland.

§ The proposed development will occur to an existing community facility that is separated from the existing bushland by a distance of 20m which includes a 10m wide regrowth protection buffer zone as required under the Defence Site Masterplan.

§ Two eight-part tests were assessed by Council in the assessment of original DAs for relevant stages of the Defence site development precinct (DA/0427/2002 and DA/0428/2002) indicating that the future development of the precinct is not likely to pose a significant effect on Eastern Suburbs Banksia Scrub. Any potential impact from proposed retrofitting and refurbishment of the Community Centre and its open space are adequately covered under the assessment of these earlier 8 part tests.

§ Given adequate mitigation measures, the likelihood and degree of disturbance and degradation of adjacent bushland in the proposed Randwick Environmental Park is considered adequately protected.

 

The subject site itself does not contain any applicant significant vegetation and/or native fauna on-site given the existing community centre facility. Notwithstanding this, the existing facility included provisions for a wildlife rescue and refuge service (WIRES) to protect and manage any wild-life that may wander into the subject site from the neighbouring Randwick Environmental Park and elsewhere.

 

10.2  Urban Design

The existing physical design of the community centre will remain unchanged under the proposed development but will have the added benefit of energy and water conservation of the existing building enhanced by the inclusion of rainwater tanks; passive solar systems; composting toilet. The proposal will also involve refurbishment of the outdoor BBQ area which is proposed to be covered and linked to a new interpretive fence containing educational messages about sustainable gardens. A new permaculture interpretive garden is proposed to serve as an educational ecological garden which will also complement the existing Naval Stores interpretive structure on-site.

 

Overall, the design of the retrofitted community centre and its refurbished garden are a positive improvement to the function of the existing centre.

 

10.3  Amenity Impacts of development

The proposed retrofitting of, and provision of outdoor garden and sustainability educational facilities in, the existing community centre will augment an already low scale community centre surrounded by parklands on the northern, eastern and southern sides and separated from residential uses to the east by Dooligah Street. As such, the community centre is not considered to give rise to any adverse amenity impacts to nearby future residential uses in terms of solar access, privacy and views.

 

Overall, the proposal will result in a positive impact on the area as it enhances the environmental amenity of the existing centre as well as providing a potential sustainability education hub in Randwick City.

 

10.4  Traffic and Carparking       

Traffic and carparking issues have been addressed in Sections above which essentially indicates that the original DA proposal had allocated and identified on-street carparking spaces that will be adequate for the proposed development and the proposed development is expected to result in the same vehicular traffic generation approved under the original DA consent which would not have a significant effect on the surrounding road network and its intersections.

 

10.5           Site Suitability

The site contains an existing community centre facility with associated landscaped area. The site is also zoned open space in which the proposed works are permissible. This site is considered to be suitable for the proposed development.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in urban design and development.

Direction 5a:      Improved design and sustainability across all development.

Outcome 11:      A healthy/sustainable environment.

Direction 11a:    Council is a leader in fostering sustainable practices.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal complies with the relevant assessment criteria and objectives and performance requirements of the DCP Defence Site Kingsford. The proposed works relate to, and seek to enhance, the existing Randwick Community centre. Approval of the proposed works will not result in any significant additional impacts upon either the amenity of the locality or the streetscape. Furthermore, the proposed works will not result in any changes to the building heights and FSR approved under the original DA.

 

In view of the above, it is recommended that the application be approved.

 


 

Recommendation

 

That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/206/2010 for the retrofit of Randwick Community Centre to improve energy and water efficiency including alterations to openings, addition of awning, installation of rain water tanks and solar panels; installation of new kitchen; construction of an outdoor classroom, shed, wind turbine, lighting, new interpretive fence and roof over existing interpretive structure at 21-29 Munda Street, Randwick, 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 1001, 1002, 1003, 3001, 4001 undated, and received by Council on 30 March 2010;  and L1 dated 24 March 2010 and received by Council on 30 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:

 

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

 

2.     A separate application must be submitted to and approved by Council for the installation/and operation of the proposed  black water subsurface irrigation system in accordance with section 68 of the Local Government Act 1993, prior to the installation or carrying out any works associated with the system.

 

3.     The current requirements and guidelines of the Department of Water and Energy (DWE) and NSW Department of Health must be complied with, including, the "interim NSW Guidelines for the Management of Private Recycled Water Schemes (May 2008)", prepared by DWE.

 

4.     Details of compliance with the relevant requirements and guidelines of the NSW Department of Water & Energy and NSW Department of Health are to be provided to Council with the section 68 local approval application.

 

5.     The works shall not give rise to environmental pollution or public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health and Safety Act 2000 and Regulations there under.

 

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.     All building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA), in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000. (Particular attention should be given to the relevant provisions of Sections D,E,F & H of the BCA.).

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

11.   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”.

a.  An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent, in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

12.   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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Certain waste containers (less than 3m in length) which are located in approved locations upon the road for a limited period may be exempt from approval, subject to compliance with the Roads & Traffic Authority Guidelines and Requirements, Council’s Development Control Plan for Exempt & Complying Development and Council’s Local Approvals Policy.

 

e)     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.

 

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

 

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

 

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

 

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

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

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

 

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

 

The following conditions are applied to maintain reasonable levels of drainage:

 

17.   Detailed drainage plans shall be submitted to and approved by the certifying authority prior to the issue of a construction certificate.

 

Advisory Conditions:

 

1.     Any future excavation works in the area should, as a matter of good practice, conform to the NSW WorkCover Authority Guidance for Excavation titled "Excavation Code of Practice "- Catalogue Number 312, dated 31st March 2000.(any contractors should be advised of this.)

 

2.     The vegetable/fruit beds in the proposed sustainable community gardens should be raised a minimum of 300mm using imported virgin soil or purpose specific soil for the garden beds.

 

3.     The proposed compost toilet is to be approved subject to compliance with Department of Water and Energy Guidelines 2008 and a requirement for a local approval in relation to the installation/operation of the compost toilet.

 

4.     Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination shall be notified to the Council immediately.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

25 May 2010

 

 

 

Director City Planning Report No. CP39/10

 

 

Subject:                  88-102 Moverly Road, South Coogee

Folder No:                   DA/127/2010

Author:                   Frank Ko, Executive Planner     

 

Proposal:                     Stage 3B development comprising Torrens Title subdivision to create 49 residential allotments and construction of 25 dwellings

 

Ward:                      East Ward

 

Applicant:                Mirvac Projects Pty Ltd

 

Owner:                         Mirvac Projects Pty Ltd

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application is referred to Council as the proposed development is valued at $8,276,576.

 

The subject site relates to Stage 3B, which is located in the north-western quadrant of the Endeavour House and adjacent to Moverly Green estate, as illustrated in Figure 3. The subject site occupies an area of 9,969sqm including roads.

 

The proposal seeks consent to construct 25 dwellings houses (i.e. 11 detached, 10 townhouses and 4 semi-detached dwelling houses) and associated landscape treatment within the private domain of each allotment and utility service installation to dwellings, landscape design and treatment associated with public domain within Stage 3B and subdivision of the Stage 3 site into 49 Torrens Title lots.

 

The proposal is the second series of development applications for the staged design and construction of an integrated housing development within the Endeavour House site which was approved by the Land and Environment Court as part of the proposal for Stage 1 Development Application (DA/77/2008).

 

The subject application was lodged concurrently with a Development Application (DA/126/2010) for Stage 3A development comprising 24 dwellings and associated landscaping works. The application was approved at the Planning Committee meeting on 11 May 2010.

 

The proposal was advertised and notified in accordance with the Development Control Plan – Public Notification of Development Proposals and Council Plans. Several submissions were received from the owners of 70 Jacaranda Place, South Coogee, raising concerns with privacy, views and the removal of an existing tree at the rear of House 83.

 

The proposal was amended during assessment to address issues raised from Council’s assessment officer and the objectors. The amendments include changes to the design of the proposed dwelling Nos. 83 and 84 and provide an additional privacy screen to the rear first floor bedroom window of dwelling No. 83.  

 

The proposal is consistent with the requirements of the Stage 1 approval for the Endeavour House site and complies with the Randwick LEP 1998 being a permissible use in the Special Uses 5 zoning and the maximum FSR control for residential development in the zone.

 

The proposed dwellings will have a contemporary design that complements the existing low density dwelling house type development in the vicinity of the subject site and will enhance the character of the locality. It will use an effective combination of painted, rendered and face brick work, painted weatherboard, stone pavers and block-work interspersed with feature materials for balconies and windows, all of which will give the development a distinct visual quality that will set a new standard for integrated residential development in Randwick. The proposed development is a continuation of the approved designs in Stage 2 and will make a positive contribution to the existing residential development and future public domain in the area.

 

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

 

The recommendation is for approval subject to conditions.

 

 

 

2.      The proposal

 

The proposal relates to the third stage of an integrated housing development approved by the Land and Environment Court on 5 February 2009.

 

The subject application seeks consent for:

 

§   construction of 25 dwellings (comprising 11 detached, 10 townhouses and 4 semi-detached dwelling houses);

§   associated landscape layout within the private domain of each house type;

§   utility service installation to dwellings;

§   external finishes and material palette;

§   landscape design and treatment associated with the public domain within Stage 3B;

§   Torrens Title subdivision of Stage 3 site into 49 residential allotments (Lots 38 to 86) and one allotment to accommodate the extension of the pedestrian path from Tallow Place;

§   dedication of the extension of the pedestrian path from the site boundary to the internal roads as defined by the subdivision plan; and

§   dedication of the road as defined in the subdivision plan.

 

The proposal involves 10 base house types with a variety of façade treatment, located in the north-western quadrant of the site comprising Stage 3B. Figures 1 and 2 are the streetscape perspective of the proposed development within Stage 3B site.

 

Figure 1: Streetscape perspective looking northwest

 

Figure 2: Streetscape perspective looking north

3.      The subject site and surrounding area

 

The Endeavour House site is located on the western side of Moverly Road immediately to the rear of the existing residential properties fronting Moverly Road from Latham Park to Jacaranda Place. Apart from these residential properties on the western side of Moverly Road, the site is bounded almost entirely on all sides by low density residential properties (predominantly dwelling houses) within the adjoining Moverly Green complex. 

 

The subject site relates to Stage 3B, which is located in the north-western quadrant of the Endeavour House and adjacent to Moverly Green estate, as illustrated in Figure 3. The subject site occupies an area of 9,969sqm including roads.

 

The Endeavour House site has an area of approximately 6.74 ha and contains 4 large buildings formerly used for housing of Defence personnel who have recently vacated the site. Apart from the 4 large buildings, the site also contains several small buildings, walkways, car parks and other minor structures.

 

Vehicular access to the Endeavour House site is available via a single entry road from Moverly Road. All future residential allotments within the Endeavour House site will be served by a hierarchy of internal roads comprising Primary Access Street and Local Access Streets.

 

Pedestrian access into the Endeavour House site will be available via four public pathways (i.e. entry road reserve, an existing footpath in the north-western section of the site linking into Tallow Place and two recent approved pathways through No. 132 Moverly Road to the east and No. 11 Grevillea Place to the west). Internal pedestrian access to residential allotments will be available via 1.2m wide pedestrian pathways within all road reserves of the Primary Access Street and Local Access Street.

 

A central open space will be provided in the centre of the whole site containing plantings and passive recreation area including a playground area and barbeque facility for use by the local community.

 

4.      Background History

 

A Development Application (DA/439/2008) for demolition of the existing buildings on site was approved under delegated authority on 29 July 2008.

 

On 5 February 2009, the Land and Environment Court approved DA No. 77/2008 for a Staged 1 development pursuant to Section 83C of the Environmental Planning & Assessment Act 1979 (as amended) comprising a Stage 1 concept plan of a residential development, bulk earthworks, provision of infrastructure, and subdivision into 10 super-lots in the Endeavour House site.

 

Two Development Applications (DA/554/2009 and DA/555/2009) for the public pedestrian access ways from the internal roads of the development to the east and west of the site were approved under delegated authority in November 2009. 

 

Two Development Applications (DA/576/2009 and DA/577/2009) for Stage 2 residential development were approved at ordinary council meeting on 24 November 2009.

 

Two Section 96 applications (DA/77/2008/A and DA/77/2008/B) to modify the conditions of Stage 1 consent relating to the width of verges, footpath, road reserve and staging of works, bonding of works and errors in conditions were approved at the Ordinary Council meeting on 23 February 2010.

Stage 3B

 

Figure 3: Location of the subject site (Stage 3B)

 

A development application (DA/621/2009) to subdivide Stage 2 development into 35 residential lots, dedicated public pedestrian accessway, dedicated road lot, central park and balance superlot was approved under delegated authority on 24 February 2010.

 

A Development Application (DA/621/2009) to subdivide the Stage 2 site to create 35 individual residential lots (Lot 1 to Lot 35), a public pedestrian accessway, separate lot for the creation of the proposed public reserve (Lot 36), public road within Stage 2 and superlot for the remainder of the site (Lot 37) was approved under delegated authority on 24 February 2010.

 

The subject application was lodged concurrently with a Development Application (DA/126/2010) for the Stage 3A development comprising 24 dwellings and associated landscaping works.

 

5.      Community consultation

The proposal was advertised and notified from 10 March 2010 to 24 March 2010. Several submissions were received (all from the owners of the same property) in response to the notification/advertising of the development application as follows:

 

 

 

 

 

 

5.1    Objection

 

70 Jacaranda Place, Coogee

 

Issue

Comment

The proposed development will severely impact on the views from the rear first floor balcony of the objector’s property as well as compromising privacy. 

The majority of the view from the rear first floor balcony of the objector’s property is blocked by the existing trees along the boundary as shown in Photo 1 below. It is arguable that the removal of the large tree (as recommended by Council’s landscape technician due to technical difficulty for its retention) directly adjacent to the rear boundary of the objector’s property would improve the view from the balcony. In addition, the proposed dwellings within Stage 3B fully comply with the building and wall height controls as approved by the Land and Environment Court. It is not considered that the proposed development will result in any unreasonable impact on the amenity of the adjoining dwelling in terms of views.

 

In terms of privacy, the amended design to House No. 83 shows greater setback from the rear boundary and an addition of a privacy screen to the rear facing bedroom window at first floor level to minimise the privacy concerns. 

The setback from the rear boundary is insufficient and is inconsistent with the Land and Environment Court ruling and Council’s DCP. 

The proposed development complies with the rear setback requirement (i.e. minimum of 4.5m) of the Stage 1 approval issued by the Land and Environment Court in February 2009.

The existing trees along the rear boundary, marked for retention in the tree plan, are not shown in the plans for the lots. The proposed development (House 83) is too close to the trees and the ongoing health of the trees will be greatly affected. 

Refer to the landscape comments in Section 6.1 of this report. 

The details of the proposed allotments within Stages 3A and 3B as contained in a table listed in Section 3.4 of the Statement of Environmental Effects are incorrect.

The details of the proposed allotments as contained in the table listed in Section 3.4 of the Statement of Environmental Effects only relates to the details as illustrated in the draft plan of subdivision and does not represent the House numbers as shown on the architectural plans.

The Statement of Environmental Effects incorrectly refers the ‘Bundock wetlands” as the “Randwick Environmental Park”.

This issue is irrelevant to the subject application and the incorrect reference in the Statement of Environmental Effects in this regard does not affect the assessment process and outcome of the subject application.

The demolition works are still yet to be completed and the noise associated with it is a source of annoyance in the neighbourhood.

This issue is irrelevant to the subject application as the proposal does not involve any demolition works. The issues relating to the current demolition works have been referred to Council’s Regulatory Building & Development Control Services for appropriate action.

 

Photo 1: View from the first floor balcony of

70 Jacaranda Place, South Coogee

 

6.       Technical Officers’ Comments

 

The application has been referred to the relevant technical officers and the following comments have been provided:-

 

6.1    Development Engineers Comments

 

Landscape Comments

This application deals with the landscaping of each private allotment as well as the public domain within Stage 3B, with landscape conditions that are relevant to this part of the site having been included in this report.

 

It should be noted as part of this assessment that the property owner adjacent the northern site boundary, at 70 Jacaranda Place, has contacted Council both verbally and in writing on several occasions to raise concerns over the proposed removal of trees 92, 93 & 94 adjacent their rear/common boundary, with the following information provided in response to the issues that have been raised.

 

The original Tree Survey by Arborcraft in 2004 identified a total of 241 trees at the site, with Tree 92, a 12 metre tall Eucalyptus robusta (Swamp Mahogany), assigned a Category B rating, which stated “retention was preferred; status to be reviewed on a case by case basis when planning is finalised”, and to its southeast, both Tree 93, a 13 metre tall Melaleuca quinquinervia (Broad Leafed Paperbark), and Tree 94, a 12 metre tall Pinus radiata (Radiata Pine), assigned a Category C rating, which states “retain only if the location is suitable within the proposal.”

 

In response to Council’s requirements in the early phases of site planning for Stage 3B, the applicant was required to amend and refine their designs, and while the Tree Survey was reviewed in response to this (both in September 2008 and May 2009), the Category ratings for all three trees have remained unchanged throughout the process.

 

In an attempt to appease this neighbour, a joint site meeting was held on 27th April 2010 between Mirvac, their consulting Arborist from Arborcraft (Bruce McLeod) and I, for the specific purpose of exploring options for the retention Tree 92.

The complainant is adamant that this tree must be retained, and while there is no argument that this would be easily achievable on a level transition between both sites, its location near the top of a steep slope which grades down to southwest, where it meets the former kerb and roadway, is a major constraint to its preservation, for the reasons detailed below.

 

A combination of the existing roadway and slope means that almost its entire root plate would be contained wholly within this embankment, to the east and west of its trunk, which would prohibit any cutting or filling of the profile, and while the kerb is a physical barrier that would have restricted root growth in this direction, it would likely need to be retained in-situ as there are several major structural roots at ground level in this same area, meaning that the tree may have relied on this kerb for its anchorage and stability.

 

The only way to retain this tree is to retain the existing soil levels, and while this would be beneficial for the tree, it would be a negative result for the future occupants of House 83, as they would have legitimate concerns due to their entire area of private open space being virtually unusable due to its steep grade, and from my experience with these situations, would result in a resentment of the tree, and constant complaints and requests for its removal as it would not be a situation where the tree and occupants could safely and happily co-exist together.

 

The approved plans require around 500mm of fill to be placed to the south of the tree, at a distance of only 1.7m off its trunk (within its Critical Root Zone), which could occupy up to 50% of its entire root plate, which would lead to dieback in its crown and a reduction of root vigour, making the tree both unsafe and unstable.

 

A retention strategy that would also create a more level and useable rear yard would be to incrementally raise the soil levels over time using a free draining medium, but while this option was explored, the extent of work involved with such a process, and more importantly, the low chance of success and likely negative impact on the tree arising from suffocating the fine feeder roots close to the surface, meant that this option could not be pursued or endorsed in anyway due to the decline that the tree would experience, and the safety issues that this would then raise for both Council and the occupants in terms of its health and stability.

 

The possibility of retaining a smaller area surrounding its trunk was also investigated as the last possible option available; however, this would firstly create an awkward arrangement of several sets of stairs throughout the rear yard that would be needed in order to access the different levels/terraces, and would also significantly reduce the amount of private open space available.

 

More importantly, in terms of the tree, given the relationship of existing levels within this site compared to the finished levels of adjoining properties, retaining walls would need to be constructed on three sides, being along the western boundary, as well as against the rear of the proposed dwelling, and then to its east, about ¾ of the way across the width of the site, towards the eastern boundary.

 

The excavations at the required setbacks associated with this option would be extremely harmful to the tree as its root system would be heavily disturbed on 3 of its four sides, and in the area that contains the majority of its roots, and would also restrict the availability of air and moisture available to its root system due to the raising of soil levels and the altering of drainage patterns.

 

All reasonable and realistic options for the retention of this tree have been explored and exhausted by all parties involved, and in light of the proposed works, there is no feasible way that preservation of this tree could be supported by a qualified professional in the industry that has a detailed understanding and knowledge of trees and the impacts and effects of development on their systems.

 

While under no obligation to do so, in an attempt to foster a neighbourly relationship with the complainant, Mirvac have agreed to change the house type that was originally proposed for this lot from an ‘L’ shape dwelling to a ‘C’ shape dwelling, as this would provide a greater setback off the rear boundary and neighbour, orientate the courtyard along the side (western) boundary, and create a greater area to facilitate the planting of a super advanced replacement tree in this same area of the site, over and above what will be provided for all other dwellings.

 

Due to the presence of several major structural roots at ground level that became evident upon removal of the existing kerb to the southwest of Trees 93 & 94, at a distance of 3 metres off their trunks, it will not be possible to retain either of these trees (which both have a lower Category ‘C’ rating than Tree 92) as the proposed works are setback a distance of  2.7m, which would require the complete severance of these major roots, which would have an immediate impact on both trees, making them unsafe and unstable for preservation.

 

Drainage Comments

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

 

Traffic Comments

Detailed traffic comments were provided for the Stage 1 development application and conditions included within the development consent for Stage 1. The works the subject of this application are wholly within the development site and no significant impact on the streets external to the development site is anticipated as a result of the proposed development.

 

Service Authority Comments

Standard service authority conditions have been included within this report.

 

6.2    Environmental Health Comments

Douglas Partners prepared a geotechnical investigation (project no: 37176, dated July 2004), the report recommends that further investigation be carried out once the existing buildings have been demolished to obtain information on rock characteristics for excavation and foundation purposes.

 

A review of the history of occupation of the site reveals that;

 

*    prior to 1964 the land was vacant under Crown Land

*    between 1964 – 1985 the site was used by the Commonwealth for migrant accommodation

*    since 1985 the existing buildings on the site have been occupied by Defence personnel in a residential capacity

 

A Non-Statutory Site Audit Statement was issued dated 27 February 2003, a copy has been submitted with this application. The Non-Statutory Site Audit Statement confirms that the subject property is suitable for a range of uses including;

 

-    Residential with accessible soil, including garden,

-    Residential with minimal opportunity for soil access, including units, - Daycare centre, preschool, primary school, - Secondary school, Park, recreational open space, playing field & - Commercial/industrial use.

 

Discussions were held with Manager HB&RS regarding the non-statutory site audit statement issued in 2003, although there are no notes on the statement precluding particular areas from the site audit, the previous assessing officer requested a statutory site audit statement as part of the Stage 2a + 2b development (Refer to DA/577/2009 & 578/2009). To ensure consistency within the development similar conditions should be utilised.

 

A Statutory Site Audit Statement shall be requested as part of this development application consistent with the neighbouring development site (Bundock Street) and the Stage 1 Consent of the concept plan and Stage 2.

 

Previous application DA/77/2008 has been taken into consideration the Concept and Stage 1 was granted approval by the Land and Environment Court on 5 February 2009 (File No 10701 of 2008) with similar conditions. 

 

7.      Master Planning Requirements

 

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

 

Given the approval issued by the Land and Environment Court in February 2009 includes a concept plan, which covers a range of built form controls for the proposed development on the subject site and is equivalent to a deemed DCP/Masterplan. It is therefore considered the requirements under Clause 40A of the Randwick LEP have been fulfilled.

 

8.      Relevant Environmental Planning Instruments

 

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

 

·              Environmental Planning and Assessment Act 1979, as amended

·              Environmental Planning and Assessment Regulation 2000, as amended

·              State Environmental Planning Policy No. 55 – Remediation of Land

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

·              Randwick Local Environmental Plan 1998

·              Randwick Development Control Plan – Parking

·              Randwick Section 94A Development Contributions Plan

·              Building Code of Australia

 

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    Randwick Local Environmental Plan 1998 (Consolidation)

The subject site is zoned Special Uses 5 under the Randwick Local Environmental Plan 1998 (Consolidation).  The proposal is permissible in the zone with Council’s consent.

 

The following relevant clauses apply to the proposal:

 

Clause

Requirement

Proposal

Compliance

17(1) – Objectives of the zone

(a)  to accommodate development by public authorities on publicly owned land, and

(b)  to accommodate development for educational, religious, public transport or similar purposes on both publicly and privately owned land, and

(c)  to enable associated and ancillary development, and

(d)  to allow for a range of community uses to be provided to serve the needs of residents, workers and visitors, and

(e)  to allow for the redevelopment of land no longer required for a special use.

The subject site has been sold to Mirvac and is no longer in public ownership or required for any designated special use. Accordingly, the proposal is considered consistent with the relevant objectives of the Special Uses 5 zone. The proposed use of the land for residential purposes is permissible subject to the granting of development consent.

Yes

20F(5) – Floor Space Ratio (FSR)

0.5:1

0.07:1

 

 

Yes (see discussion below)

37A – Development in Special Uses Zone

Ensures that consideration is given to the impact of development within the Special Uses Zone on nearby development and uses in the locality.

The proposed residential development is a permissible use within Special Uses zone and is compatible with the existing residential development in the locality. The proposal will not adversely affect the amenity of nearby development and uses.

Yes

 

The Endeavour House site has an area of 67,400sqm and the application of the maximum FSR control over the whole site translates to a maximum permissible gross floor area of 33,700sqm. Given that the development within the Endeavour House site involves different stages, it is therefore important to ensure that the cumulative FSR for all the development within the site complies with the maximum FSR control. 

 

The table below shows the cumulative FSR for the development within the Endeavour House site (to date).

 

 

Total Site Area (Endeavour House Site)

67,400sqm

Permissible FSR

0.5:1

Permissible total GFA

33,700sqm

Stage 3B Site Area

9,969sqm

 

GFA (sqm)

Floor Space Ratio

Individual Stage

Overall Site

Stage 2A (DA/577/2009)

3,472

 

0.05:1

Stage 2B (DA/578/2009)

3,205 (i.e. 1,730sqm in Zone A and 1,475sqm in Zone B)

 

0.05:1

Stage 3A (DA/126/2010)

4,658

 

0.07:1

Stage 3B (DA/127/2010)

4,772 (i.e. 2,874sqm in Zone A & 1,898sqm in Zone B)

0.48:1

0.07:1

Cumulative (to date)

16,107

 

0.24:1

 

As the cumulative FSR for the overall development is clearly within the 0.5:1 maximum permissible under the LEP, no objection is required to be made under the provisions of State Environmental Planning Policy No. 1.

 

It should be noted that the FSR for Stage 3A as a stand along stage only is 0.45:1 which also complies with the maximum FSR control.

 

9.2    State Environmental Planning Policy No. 55 – Remediation of Contaminated Land (SEPP 55)

SEPP No. 55 is applicable to the subject site. The policy aims to promote the remediation of contaminated land for the purposes of reducing risk of harm to human health or any other aspect of the environment.

 

Council’s Environmental Health Officer has considered the details of site contamination as provided by the applicant in the environmental consultant’s report and the history of the previous Stage 1 approval granted by the Land and Environment Court. Conditions will be applied to ensure that the land is suitable for its intended use.

 

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

SEPP: BASIX requirements came into force for all new dwellings, dual occupancies and some transient residential accommodation where the development application was lodged on or after 1 July 2004. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

 

The proposal is for new dwelling houses and the applicant has provided a BASIX certificate in accordance with the requirements of the SEPP. The provision of a certificate indicates that compliance with the current targets set for energy and water conservation have been met by the development. The certificate also identifies the measures to be shown on Development Application plans to ensure these targets are maintained through to construction.

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.

 

9.4    Stage 1 DA Approval

The approved concept plan allows 3 types of residential categories as follows:

 

Zone A – low density residential building types including detached, zero lot line and semi-detached houses located around the perimeter of the subject site.

 

Zone B – low to medium density residential building types including detached, zero lot line and semi-detached houses, row housing and townhouses located concentrically around the central open space. 

 

Zone C – medium to high density including detached, zero lot line and semi-detached houses, apartments, maisonettes, duplexes and row housings located at the southern end of the site adjacent to the main entry to the site and overlooking Latham Park

 

The proposed development relates to Density Zone A only and the relevant built form controls as approved by the Land and Environment Court are summarised in the following table, together with the assessment of the proposal against the relevant controls.

 

Control

Density Zone Area

Required

Proposed

Compliance (Yes/No/NA)

Maximum Number of Storey

A

2 Storey (generally)

3 storey

(Sloping sites)

2 storey

Yes

B

2 Storey (generally)

3 storey

(Sloping sites)

2 storey

Yes

C

4 storey (top storey is articulated/pop-up rooms only)

N/A

N/A

Floor Space Ratio

A

0.7:1*

Stage 3B = 0.31:1

(i.e. 2,874sqm in Zone A & 1,898sqm in Zone B)

Yes (see discussion below)

 

B

0.8:1*

C

1.2:1*

N/A

N/A

* Maximum permissible floor space for aggregated development within total density zone area

Maximum Wall Height*

A

7m (flat site)

10.5m (sloping site)

Maximum wall height is 7m (excluding the extension of the wall into the gable of the roof)

Yes

B

7m (flat site)

10.5m (sloping site)

Maximum wall height is 7m (excluding the extension of the wall into the gable of the roof)

Yes

C

10.5m

N/A

N/A

* Wall height is defined as the vertical distance from the top most point of an external wall to the ground finished level of that wall.

Maximum Building Height*

A

9.5m (flat site)

13m (sloping site)

The proposed dwellings are all well below the 9.5m building height limit

Yes

B

9.5m (flat site)

13m (sloping site)

The proposed dwellings are all well below the 9.5m building height limit

Yes

C

9.5m/14m

N/A

N/A

*Building height is defined as the vertical distance from any point on the building to the ground finish level (excluding services on roof)

Minimum Landscaped Area

A

40%

Varies from 51% to 65% for each dwelling

Yes

B

40%

41% for each dwelling

Yes

C

50%

N/A

N/A

Minimum Soft Landscaping

A

20%

Varies from 36% to 57% for each dwelling

Yes

B

20%

29% for each dwelling

Yes

C

25%

N/A

N/A

Parking

 

2 spaces per dwelling with 3 or more bedrooms

2 spaces are proposed for each dwelling (i.e. double garage or a single garage with an additional off street car space)

Yes

Front Setback

 

Minimum 3,000mm

Varies from 4,200mm to 8,440mm for dwellings in Stage 3A.

Yes

Rear Setback

– adjacent to adjoining dwelling on the perimeter of the site

 

Minimum 4,500mm

Varies from 4,796mm to 7,186mm for House Nos. 74 to 84.

Yes

Rear Setback

- interface with Density Zone A

 

Minimum 5,000mm

Minimum rear boundary setback is 7,060mm.

Yes

Rear Setback – south to rear facing lot

 

Minimum 3,000mm for Lot 86 (House 50).

Not applicable. The proposed dwelling on lots 63 and 64 (House Nos. 72 & 73) have frontage facing east and the setbacks from the street and rear boundary are consistent with the adjoining development and does not result in any significant adverse impact upon the amenity of the southern adjoining property in terms of privacy and overshadowing.

N/A

 

The FSR nominated for each of the Density Zones over the whole site is summarised in the following table.

 

 

 

Density Zone

 

GFA (sqm)

A

B

C

Total Density Zone Area (excluding roads, pedestrian access ways & park)

 

32,273sqm

8,594sqm

3,341sqm

Maximum FSR (as per Stage 1 approval)

 

0.7:1

0.8:1

1.2:1

Permissible GFA

 

22,591.1sqm

6,875.2sqm

4,009.2sqm

Stage 2A (DA/577/2009)

3,472

0.11:1

 

 

Stage 2B (DA/578/2009)

1,730 (Zone A)

0.05:1

 

 

1,475 (Zone B)

 

0.17:1

 

Stage 3A

(DA/126/2010) – Approved at the Planning Committee meeting on 11 May 2010

4,658

0.14:1

 

 

Stage 3B

(DA/127/2010)

2,874 (Zone A)

0.09:1

 

 

1,898 (Zone B)

 

0.22:1

 

Cumulative (to date)

16,107

0.39:1

0.39:1

 

 

As noted previously, there are three density zones applicable to the Endeavour House site and the development within each zone is subject to an individual maximum FSR control. The FSR is calculated on the basis of the aggregated development within the total area of each zone. It is therefore important to ensure all the development within each density zone complies with the maximum FSR control approved by the Court.

 

The table above shows the proposed development for Stages 3A and 3B will have cumulative FSR of 0.39:1 in Density Zone A and B, and therefore complies with the maximum FSR controls approved by the Court.

 

9.5    Development Control Plan - Parking

As noted previously, the proposal will provide two on-site parking spaces – either as a double garage or a single garage with an additional driveway parking space, which complies with the numerical requirements of the Development Control Plan for parking (i.e. two car parking spaces for a dwelling house with three or more bedrooms). 

 

9.6    Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost more than $200,000

$8,276,576

1%

$82,765.76

 

10.    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.

 

Urban Design

The proposed dwellings are reasonably well designed with functional plans and adequate modelling of the facades. The proposed dwellings will have a contemporary design that complements the existing low density dwelling house type development in the vicinity of the subject site and will enhance the character of the locality. It will use an effective combination of painted, rendered and face brick work, painted weatherboard, stone pavers and blockwork interspersed with feature materials for balconies and windows, all of which will give the development a distinct visual quality that that will make a positive contribution to the existing residential development and future public domain in the area. 

Subdivision

The proposed subdivision is to allow the development of the Endeavour House site in stages as a Torrens Title development as identified in the Stage 1 consent. The proposed subdivision is consistent with the approval issued by the Land and Environment Court on 9 February 2009 for the concept plan and stage 1 works and the associated statutory/regulatory framework. The works proposed under the subject application is considered to be both reasonable and appropriate.

 


Solar Access

The proposed development has been designed to comply with the requirements as set out in Condition 23b of the Stage 1 approval. Condition 23b reads:

 

The design of all dwellings adjacent to the boundary of the site shall maintain appropriate sunlight access to adjoining properties. In this regard, the design of those dwellings shall comply with Preferred Solution S2 at page 25 of Council’s DCP – Dwelling Houses and Attached Dual Occupancies as amended on 26 November 2002 and effective from 20 December 2002.

 

Preferred Solution S2 of the DCP – Dwelling Houses and Attached Dual Occupancies provides that:

 

Private open space received at least 3 hours of sunlight over at least part of its area between 9:00am and 3:00pm on 21 June.

 

Overshadowing impacts have been provided in shadow diagrams which shows that the private open space of the adjoining properties will received at least 3 hours of direct sunlight over part of its area between 9am and 3pm on 21 June. Accordingly, the proposed development satisfies the requirements of Condition 23b of the Stage 1 approval.  

 

Privacy

The proposed development has been designed to ensure that direct overlooking of primary living areas and external private open spaces of the adjoining properties is minimised.

 

Screening to private open spaces within the proposed development is achieved through utilising the building form of the dwellings (i.e. the walls of the adjoining zero lot aligned dwelling) and the standard 1.8m high side boundary fencing.

 

The upper windows of each dwelling generally face either the street or internal courtyard or highlight windows and do not directly overlook adjoining properties. However, an external privacy screen has been provided to the rear facing window of Bedroom 4 at first floor level of House No. 83, to minimise the potential for overlooking from the existing first floor balcony at No. 70 Jacaranda Place.

 

Overall, the proposal is satisfactory with regard to privacy.

 

Views

The proposal will not result in any unreasonable loss of views from the adjoining and nearby properties as it complies with the maximum building and wall height controls of the Stage 1 approval. Furthermore the proposal is not considered excessive in height, bulk and scale.

 

Overall, the proposal is satisfactory with regard to views.

 

Access, Traffic and Transport

The applicant has engaged a traffic consultant (Colston Budd Hunt and Kafes) to review the proposed development in terms of its access, traffic and transport implications. The traffic report concludes that:

 

§  parking is proposed to be provided in accordance with Council’s Development Control Plan for parking;

§  access and internal layout are considered appropriate;

§  the road network will be able to cater for the traffic generated by the proposed development; and

§  the proposed development is consistent with the concept plan and approved Stage 1 application.

 

The assessment is considered reasonable and adequate and the proposal will be acceptable in terms of traffic implications.

 

Ecologically Sustainable Development

The applicant has stated in the Statement of Environmental Effects that a range of design initiatives and elements have been employed to ensure the proposed development optimises its sustainability.

 

The applicant has also provided a BASIX assessment of the proposal in accordance with BASIX modelling requirements for dwelling house showing that the proposed development would comply with the 40% water and energy saving targets under BASIX, and also passed the target for thermal comfort. Accordingly, the proposal is considered acceptable in terms of energy and water conservation.

 

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

 

Social and Economic Impacts

The proposal will increase the availability of housing and promote the relevant objectives of the Special Uses Zone.  The effect of the proposal would be to bring more people to the site resulting in a new community likely to include young families, “empty nester” household, and share households. The added population will generate additional needs for businesses, employees and patrons, which will in turn encourage the location of services and facilities into the broader area.

 

Overall the proposal presents positive social and economic impacts within the site and locality.

 

Site Suitability

The subject site is part of the developable land within the Endeavour House Site which is identified in the Stage 1 concept plan approved by the Land and Environment Court in February 2009. In doing so, Council considered the suitability of a range of proposed land uses and their location within the Endeavour House site. The subject site is specifically identified in the approved Stage 1 plan as a location for low density housing development. The proposal is consistent with the relevant controls of the Stage 1 plan and, as demonstrated above, will not have an adverse impact on any item of environmental, archaeological, heritage or cultural significance.

 

The Public Interest

The proposed development is consistent with the relevant controls of the Stage 1 approval granted by the Land and Environment Court and will provide the local community with a form of good quality housing and takes advantage of its proximity to the full range of urban facilities and services available to the site. As a consequence, the proposal will have a positive social benefit for the local community and is considered to be in the public interest.

 

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.

Key Action: Encourage and reward design excellence and sustainability.

 

Financial Impact Statement

 

The proposal involves public domain works (i.e. street trees planting) on Council’s park and road reserve, which will result in on-going maintenance cost to Council.

 

Conclusion

 

The proposal is a permissible use in the Special Uses 5 zone applicable to the site under Randwick LEP 1998.

 

The proposal complies with the statutory control (i.e. FSR) contained in the Randwick LEP 1998 and is also consistent with the provisions of the Stage 1 approval granted by the Land and Environment Court in February 2009.

 

The proposed development is not