Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 11 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee

11 May 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Planning Committee Meeting

 

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 11 May 2010 at 6:00pm.

 

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

 

Quorum:                           Eight (8) members.

 

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 13 April 2010

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application Reports

D24/10      35 Napier Street, Malabar (deferred)

D25/10      2 - 4 Strachan Street, Kingsford

D26/10      88 - 102 Moverly Road, South Coogee

D27/10      133 Oberon Street, Coogee

D28/10      72 Denning Street, South Coogee……………………………………………….................117

D29/10      4 Marville Avenue, Kingsford

 

 

 

 

 

Miscellaneous Report

M9/10       Use of Trans Fats in Randwick City Council

 

Closed Session

D30/10      13-15 Silver Street, Randwick

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

  

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee

11 May 2010

 

 

 

Development Application Report No. D24/10

 

 

Subject:                  35 Napier Street, Malabar

Folder No:                   DA/795/2009

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

Council at its Ordinary meeting held 23 March 2010 resolved that:

 

“…this development application be deferred to the next ordinary meeting of Council to allow consideration of a further objection and a detailed analysis of the view impacts of the proposal by the planning consultant.”

 

Issues

 

In order to allow for the accurate assessment of any view loss impacts, the applicant was requested to erected height poles on the subject site.

 

The poles were erected and an inspection of any potential view loss from a number of the properties in the vicinity of the site was carried out on 7 April 2010. A view analysis was subsequently prepared by Mr Stuart Harding of Willana & Associates (attached). The assessment concludes that the impacts are acceptable when assessed against the relevant Planning Principle established by the Land and Environment Court. Mr Harding’s supplementary report also addresses the issues referred to in the further submissions received by Council.

 

A peer review of Mr Harding’s analysis was also undertaken on behalf of Council by an independent planning consultant to ensure a rigorous consideration of the view impacts. Mr Gerard Turrisi of Gat & Associates has endorsed the outcome of the analysis and is satisfied that the proposed development is a reasonable outcome for the site and should be supported.

 

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.

 

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses  32 and 33 of the RLEP relating to Floor Space Ratios and Building Wall Heights respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 795/2009 for demolition of existing structures and construction of new part 2, part 3 storey attached dual occupancy with garaging, swimming pool and associated works at No. 35 Napier Street, Malabar subject to the following conditions:

 

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

 

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

 

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

 

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

 

4.      Street numbering must be provided to the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council, prior to an occupation certificate being issued for the development.

 

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

 

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

 

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

 

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

 

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

 

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

 

Options may include one or more of the following measures:

 

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a)   a construction certificate being issued

b)   a subdivision certificate being issued

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

ii)      appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing, and

 

iii)     unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

23.     In accordance with Section 80A (11) of the Environmental Planning and Assessment Act 1979 and Clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition that all of the required commitments listed in the relevant BASIX Certificate for this development are fulfilled.

 

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

 

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

 

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

 

25.     The following provisions are to be implemented in accordance with the relevant BASIX Certificate and details are to be included in the Construction Certificate documentation (as applicable), to the satisfaction of the Certifying Authority:

 

·           Stormwater management (i.e. rainwater tanks)

·           Water efficiency (i.e. triple A rated taps and showers, dual flush toilets and water re-use)

·           Landscaping provisions

·           Thermal comfort (i.e. construction materials, glazing and insulation)

·           Energy efficiency (i.e. cooling & heating provisions and hot water systems)

 

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

 

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

 

 

 

 

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

 

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

 

a)       $2000.00       -      Damage/Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

                                     

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

 

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

 

                                      Pedestrian Entrance – RL 15.45

 

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

 

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

 

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

 

34.     A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

35.     The applicant must meet the full cost for telecommunication companies, gas providers, Energy Australia and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

Notes:

 

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

 

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

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

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

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

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

 

b.       The infiltration/rubble pit shall:

 

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

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

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

 

Note:  other equivalent methods of infiltration may be adopted.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

41.     Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the required discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

The pump system must also be designed and installed strictly in accordance with Randwick City Council's Stormwater Code.

 

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

 

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

 

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

 

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

 

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

 

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

 

Tree Removals on Private Property

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

 

Street Tree Removal

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

 

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

 

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

 

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

 

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

 

Street Tree Protection

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Advisory Conditions

 

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

 

 

 

Attachment/s:

 

1.

Supplementary Development Assessment Report - Prepared by S. Harding Willana Associates Pty Ltd

INCLUDED UNDER SEPARATE COVER

2.View

Peer Review prepared by G. Turrusi of Gat Associates

 

3.View

REPORT 35 Napier Street, Malabar

 

 

 

 


Peer Review prepared by G. Turrusi of Gat Associates

Attachment 2

 

 



REPORT 35 Napier Street, Malabar

Attachment 2

 

 

 

Director City Planning Report No. CP15/10

 

 

Subject:                  35 Napier Street, Malabar

Folder No:                   DA/795/2009

Author:                   Stuart Harding, Planning Consultant     

 


REPORT 35 Napier Street, Malabar

Attachment 2

 

 

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

 

Ward:                      South Ward

 

Applicant:                Classic Plans

 

Owner:                         35 Napier Street, Pty Ltd

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

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

 

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

 

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

 

·           excessive height;

·           excessive Floor space ratio;

·           over development of the site; and

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

 

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

 

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

·           altered FSR;

·           reduction in the wall height of 0.5m;

·           alterations to some of the windows;

·           additional private open space for dwelling B; and,

·           the provision of privacy screens on the terrace.

 

 

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

 

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

 

2.    The Proposal

 

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

 

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

 

 

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

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

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

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

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

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

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

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

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

 

3.    The Subject Site and Surrounding Area

 

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

 

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

 

Table 1 - Photos of Emerging Development Character in Area

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

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

Prince Edward Street

Prince Edward Street

Corner Napier St and Prince Edward St

Victoria Street

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

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

Victoria Street

Victoria Street

 

4.    Site History

 

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

 

5.    Objections to Development Standards

 

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

 

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

 

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

Clause 32 - Floor Space Ratio

 

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

 

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

 

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

 

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

 

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

 

 

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

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

 

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

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

 

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

 

Ways of establishing that compliance is unreasonable or unnecessary

 

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

 

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

First

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

 

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

 

Comments:

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

Second

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

 

Comments:

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

Third

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

 

Comments:

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

Fourth

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

 

Comments:

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

Fifth

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

 

Comments:

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

 

Clause 33 – Wall Height

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

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

 

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

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

 

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

 

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

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

 

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

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

 

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

 

Ways of establishing that compliance is unreasonable or unnecessary

 

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

 

 

 

 

 

 

 

 

 

 

 

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

First

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

 

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

 

Comments:

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

 

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

Second

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

 

Comments:

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

Third

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

 

Comments:

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

Fourth

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

 

Comments:

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

Fifth

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

 

Comments:

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

 

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

 

6.    Community Consultation

 

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

 

·           37 Napier Street, the main issues include:

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

o    Privacy.

o    FSR.

o    Out of character with surrounds.

o    Wall height is too high.

·           106 Victoria Road, the main issues include:

o    Excessive height.

o    Excessive FSR.

o    Over development of the site.

·           104 Victoria Road, the main issues include:

o    Excessive FSR.

o    Out of character with the surrounding area.

·           105 Victoria Road, the main issues include:

o    Excessive height.

o    Excessive FSR.

·           108 Victoria Road, the main with the surrounding area

o    Excessive height.

o    Excessive FSR.

o    Over development of the site.

·           39 Napier Road, the main with the surrounding area

o    Excessive FSR.

o    North east wall is proposed to be too high.

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

 

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

 

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

o    Excessive height and bulk.

o    Excessive floor space ratio.

o    Monolithic design.

o    Overdevelopment of the site.

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

o    Excessive floor space ratio.

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

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

o    Non-compliance with zone objectives.

o    Contrary to Foreshore Scenic Protection.

o    Amenity and character issues.

o    Height of proposal.

o    Excessive floor space.

 

Comments: 

 

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

 

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

 

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

 

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

 

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

 

7.    Technical Officers Comments

 

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

 


7.1 Development Engineering Comments

 

Landscape Comments

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Drainage Comments

Onsite detention of stormwater is not required for this application.

 

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

 

8.    Master Planning Requirements

 

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

 

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

 

9.    Relevant Environmental Planning Instruments

 

(a)      Randwick Local Environmental Plan 1998 (consolidation)

 

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

 

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

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

31 - Landscaped Area

40% of site area

51%

Yes

32 - FSR

0.5:1

0.58:1

No (SEPP 1 Objection lodged)

33 – Building Height

Max 9.5m 

8.5m 

Yes

33 – External Wall Height

Max 7m

8.5m

No (SEPP 1 Objection lodged)

 

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

 

Clause 29 – Foreshore Scenic Protection Area

 

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

 


10. Policy Controls

 

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

 

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

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Provided

Compliance

Landscaping

40 % of site provided as landscaped area

49%

Yes

25m² of private open space provided.

25 m2 for each dwelling.

Yes

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

3 m x 4 m

Yes

Open space behind the building line.

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

20% of the site area is permeable.

22.7%

Yes

Floor area

(Site area 512m2) maximum FSR 0.56:1 

0.58:1

No

Height, Form & Materials

External wall height maximum 7m

8.58 m

No

External wall height to the rear maximum 3.5m.

N/A

N/A

Cut or fill maximum 1m.

< 1m

Yes

No excavation within 900 mm of a side .boundary.

>900 mm

Yes

No excavation within 4m of a rear boundary.

Swmming pool located within 4 m but no other excavation.

Yes

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

11.39 m

Yes

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

n/a

n/a

Building setbacks

Front setback average of adjoining dwellings or 6m

4.905 m

Yes

Rear boundary setback at least 4.5m

n/a

n/a corner site

Side setbacks be 900mm at ground level.

1.645m

Yes

Side setbacks be 1.5m at second floor level.

1.645 m

Yes

Side setbacks be 3.0m at third floor level.

3.10m

Yes

Visual & Acoustic Privacy

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

4

Yes

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

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

Yes

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

Not required

n/a

Safety & Security

Front doors of dwellings are visible from the street.

Yes

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

Living  in both

Yes

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

Standard condition

Yes

Garages & Driveways

 

 

 

Garages & Driveways

(continued)

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

5 spaces

Yes

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

6.5 m x 5 m

Yes

Driveway minimum width of 3m and side setback 1m

3 m

Yes

Driveway maximum width of 3m at the boundary.

3m

Yes

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

Checked by Engineer

Yes

Garages and carports to rear lanes set back 1m.

n/a

n/a

Parking and access is provided from the rear.

n/a

n/a

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

Yes

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

30 %

Yes

Fences

Sandstone fences and walls are retained/recycled.

n/a

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

2 m

No, see comment below table.

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

 

Yes

Foreshore Development

No encroachments on Foreshore Building Line.

n/a

Stepped buildings on sloping sites are articulated.

Yes

Form, colour, materials and finishes are sympathetic.

Yes

Buildings incorporate setbacks to allow sharing of views.

Yes

Ancillary structures do not detract from appearance.

n/a

Solar Access and Energy Efficiency

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

Yes

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

Slightly reduced for Dwelling B

Yes

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

Yes

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

No impact to solar collectors

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

No impact to north facing living room windows

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

 

Yes

 

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

 

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

 

(b) Section 94A Development Contributions Plan

 

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

 

11. Environmental Assessment

 

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

 

12. 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.

 

13. Financial Impact Statement

 

There is no direct financial impact for this matter.

 

14. Conclusion

 

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

 

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

 

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses  32 and 33 of the RLEP relating to Floor Space Ratios and Building Wall Heights respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 795/2009 for demolition of existing structures and construction of new part 2, part 3 storey attached dual occupancy with garaging, swimming pool and associated works at No. 35 Napier Street, Malabar subject to the following conditions:

 

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

 

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

 

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

 

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

 

4.      Street numbering must be provided to the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council, prior to an occupation certificate being issued for the development.

 

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

 

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

 

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

 

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

 

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

 

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

 

Options may include one or more of the following measures:

 

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a)   a construction certificate being issued

b)   a subdivision certificate being issued

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

ii)      appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing, and

 

iii)     unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

23.     In accordance with Section 80A (11) of the Environmental Planning and Assessment Act 1979 and Clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition that all of the required commitments listed in the relevant BASIX Certificate for this development are fulfilled.

 

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

 

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

 

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

 

25.     The following provisions are to be implemented in accordance with the relevant BASIX Certificate and details are to be included in the Construction Certificate documentation (as applicable), to the satisfaction of the Certifying Authority:

 

·           Stormwater management (i.e. rainwater tanks)

·           Water efficiency (i.e. triple A rated taps and showers, dual flush toilets and water re-use)

·           Landscaping provisions

·           Thermal comfort (i.e. construction materials, glazing and insulation)

·           Energy efficiency (i.e. cooling & heating provisions and hot water systems)

 

 

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

 

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

 

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

 

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

 

a)     $2000.00       -      Damage / Civil Works Security Deposit

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

                                     

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

 

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

 

                                      Pedestrian Entrance – RL 15.45

 

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

 

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

 

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

 

34.     A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

35.     The applicant must meet the full cost for telecommunication companies, gas providers, Energy Australia and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

Notes:

 

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

 

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

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

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

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

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

 

b.       The infiltration/rubble pit shall:-

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

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

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

 

Note:  other equivalent methods of infiltration may be adopted.

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

 

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

 

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

 

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

 

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

 

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

 

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

 

41.     Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the required discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

The pump system must also be designed and installed strictly in accordance with Randwick City Council's Stormwater Code.

 

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

 

 

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

 

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

 

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

 

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

 

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

 

Tree Removals on Private Property

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

 

Street Tree Removal

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

 

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

 

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

 

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

 

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

 

Street Tree Protection

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Advisory Conditions

 

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

 

 

Attachment/s:

 

Nil

 

 


Planning Committee

11 May 2010

 

 

 

Development Application Report No. D25/10

 

 

Subject:                  2 - 4 Strachan Street, Kingsford

Folder No:                   DA/1077/2007/A

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Section 96 (2) application to modify the approved consent to convert an approved car space into a garage

 

Ward:                      West Ward

 

Applicant:                Apex Investment Holding Pty Ltd

 

Owner:                         Apex Investment Holding Pty Ltd

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

The application is referred to the Planning Committee for consideration as the original application which detailed the erection of a new two storey boarding house was approved at the Planning Committee meeting of 27 May 2008.

 

The application seeks to modify the approved development to provide for a garage to the approved car space within the rear of the property.

 

The main issue is the impact upon the amenity of the adjoining properties and laneway streetscape that may result by the proposed modifications.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details the erection of a masonry metal roof double garage above the approved double car space at the rear of the site with access from Barker Lane. The original approval included a roller door within the rear boundary masonry wall to the car space.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the northern side of Strachan Street and is known as 2-4 Strachan Street which has a frontage of 20.117m a depth of 50.29m and a total site area of 1 012m. There is existing access to the rear of the site from Barker Lane.

 

The immediate locality is residential in nature and contains a mixture of single dwellings houses and multi unit housing development.

 

4.    Site History

 

Approval was granted at the Planning Committee meeting of the 27th May 2008 for the demolition of the existing buildings and erection of a new two storey boarding house containing 32 rooms, parking for 4 vehicles and associated landscaping.

 

The building was been completed and the boarding house is currently in operation.

 

5.    Community Consultation

 

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

 

6.    Technical Officers Comments

 

The application has been referred to the relevant technical officers. Comments have been provided including a condition to increase the internal width of the garage to a minimum of 5.4m, from the proposed 5.28m, to comply with the relevant Australian Standard.

 

7.      Section 96 Assessment

 

The proposed modification to the original development to include a garage above the approved car spaces will not result in any appreciable additional impacts upon the amenity of the adjoining properties and for the purposes of a Section 96 application satisfies the definition as remaining substantially the same development.

 

 

8.      Environmental Assessment

 

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

 

a)      Randwick Local Environmental Plan 1998 (Consolidation)

The Randwick Local Environmental Plan 1998 (Consolidation) was gazetted on 15 January 2010.  Clause 7 of the Randwick Local Environmental Plan 1998 (Consolidation) requires that a development application lodged but not finally determined prior to the appointed day will continue to be assessed and determined under the provisions of the Randwick Local Environmental Plan 1998 that was in force immediately before the commencement of this plan. The subject Section 96 application was lodged on the 4th November 2009 and is therefore subject to the savings provision. Further, when determining an application to which this clause applies, the consent authority must have regard to the provisions of this plan as if it had been exhibited under the Act but had not been made.

 

Consequently, the assessment of this Section 96 application is made against the Randwick Local Environmental Plan 1998, and the Randwick Local Environmental Plan 1998 (Consolidation) is treated as a draft plan only.

 

b)      Randwick Local Environmental Plan 1998

The site is zoned 2B 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:-

 

(i)     Zone Objectives:

The proposed modification is consistent with the objectives of the Zone No 2B (Residential B Zone) area.

 

(ii)    Landscaped Area:

The proposed modification does not alter the approved landscaped area to the site as the garage is above the existing approved hard stand car space at the rear of the site.

 

c)      Impact upon the amenity and streetscape of the locality

The proposed garage above the approved car spaces within the rear of the property will not result in any additional amenity impacts upon the adjoining development as the location of the garage within the rear of the property will not result in any overshadowing to the adjoining properties. The siting of the garage at the rear of the property with access directly from Barker Lane at rear is consistent with the established streetscape of the lane which includes a number of similarly sited garage and carport structures which are sited directly to the laneway.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6A:     A liveable City.

Direction 6E:      Housing diversity, accessibility and adaptability to support our diverse community is enhanced.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 


Conclusion

 

That the application to modify the approved development to provide for a garage above the car space at the rear of the property will not result in any adverse impact upon the amenity of the adjoining properties and the application be approved.

 

Recommendation

 

That Council, as the consent authority, grant consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No. DA/1077/07 to provide for a garage above the approved car space at the rear of the property at 2 Strachan Street, Kingsford subject to the following;

 

A       Condition No. 1 be amended to read as follows;

 

1.     The development must be implemented substantially in accordance with the plans numbered job no. 0710, sheets A01 to A08 inclusive dated November 2007 and received by Council on the 20th March 2008 and the plan numbered job no. 0610, sheet A09 dated February 2008 and received by Council on the 20th March 2008, the application form and on any supporting information, as amended by the Section 96 plans numbered 1924-96A, dated 4/11/2009 and received by Council on the 4th November 2009, only in so far as they relate to the modifications highlighted in the Section 96 plans and detailed in the Section 96 application, except as may be amended by the following conditions and as may be shown in red on the attached plans;

 

B       The following condition be included;

 

110.  The proposed garage shall be enlarged to have a minimum internal width of 5.4m. Plans submitted for the amended construction certificate shall demonstrate compliance with this requirement.

 

NOTE: The protrusion of piers into the garage may be ignored when determining minimum internal width.

 

Attachment/s:

 

Nil

 

 


Planning Committee

11 May 2010

 

 

 

Development Application Report No. D26/10

 

 

Subject:                  88 - 102 Moverly Road, South Coogee

Folder No:                   DA/126/2010

Author:                   Frank Ko, Executive Planner     

 

Proposal:                    

Ward:                      East Ward

Applicant:                Mirvac Projects Pty Ltd

Owner:                         Mirvac Projects Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 

 

 

1.    Executive Summary

 

The application is referred to the Planning Committee as the proposed development is valued at $8,166,400.

 

The subject site relates to Stage 3A, which is located in the north-western quadrant of the Endeavour House site and adjacent to Moverly Green estate, as illustrated in Figure 3. The subject site occupies an area of 10,405sqm including roads and accessway.

 

The proposal seeks consent to construct 24 x two storey dwelling houses (i.e. 22 detached dwellings and 2 semi-detached dwellings) with associated landscape treatment within the private domain of each allotment and utility service installation to dwellings, landscape design and treatment associated with the public domain within Stage 3A including the construction of the extension of the pedestrian path to Tallow Place from the subject site to connect to the internal road network.

 

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/127/2010) for the Stage 3B development comprising the construction of 25 dwellings 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 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 24 dwellings (22 x detached dwellings and 2 x semi-detached dwellings);

§   associated landscape treatment within the private domain of each allotment;

§   utility service installation to dwellings;

§   external finishes and material palette; and

§   landscape design and treatment associated with the public domain within Stage 3A, including the construction of the extension of the pedestrian path to Tallow Place from the subject site to connect to the internal road network.  

 

The proposal involves 9 base house types with a variety of façade treatment, located in the north-western corner of the site comprising Stage 3A. Figures 1 and 2 are the streetscape perspective of the proposed development within Stage 3A site.

 

 

Figure 1: Streetscape perspective (North)

 

Figure 2: Streetscape perspective (South)

 

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 3A, 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 10,405sqm including roads and accessway.

 

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.

 

Stage 3A

 

Figure 3: Location of the subject site (Stage 3A)

 

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 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.

 

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.

 

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/127/2010) for the Stage 3B development comprising 25 dwellings and associated landscaping works and Torrens Title subdivision. 

 

5.      Community consultation

 

The proposal was advertised and notified from 10 March 2010 to 24 March 2010. A total of four 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 objector’s property, as well as compromising privacy. 

The subject site relates to Stage 3A only which is not directly adjacent to the objector’s property. 

The setback from the rear boundary is insufficient and is inconsistent with the Land and Environment Court ruling and Council’s DCP for dwelling houses and attached dual occupancies. 

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 subject application does not involve the removal of any trees within the Stage 3A site.

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.

This issue is in relation to DA/127/2010 as the subject application does not involve subdivision of the land.

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.

 

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

The proposal seeks consent to construct 24 x two storey dwelling houses (i.e. 22 detached dwellings and 2 semi-detached dwellings) with associated landscape treatment within the private domain of each allotment and utility service installation to dwellings, landscape design and treatment associated with the public domain within Stage 3A including the construction of the extension of the pedestrian path to Tallow Place from the subject site to connect to the internal road network.

 

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/127/2010) for the Stage 3B development comprising the construction of 25 dwellings 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.

 

Landscape Comments

This application deals with the landscaping of each private allotment within Stage 3A, as well as the public domain within this portion of the site, which includes the proposed pedestrian access way that will be dedicated to Council upon completion of works.

 

Standard landscape conditions have been included within this report.

 

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 (LEP)

The subject site is zoned Special Uses 5 under the Randwick Local Environmental Plan 1998.  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 public authorities on public 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 allow appropriate community uses, and

(d)  to enable associated and ancillary development, and

(e)  to identify and protect land intended to be acquired for special uses, and

(f)  to allow for the redevelopment of land no longer required for 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 objective (f) of the zone. The proposed use of the land for residential purposes is permissible subject to the granting of development consent.

Yes

32(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 the zoning 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 3A Site Area

10,405sqm

 

GFA (sqm)

FSR

 

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

0.45:1 (4,658÷10,405=0.45)

0.07:1

Stage 3B (DA/127/2010) – Yet to be approved

4,772 (i.e. 2,874sqm in Zone A & 1,898sqm in Zone B)

 

0.07:1

Cumulative (to date)

16,107

 

0.24:1 (16,107÷67,400=0.24)

 

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)

N/A

N/A

C

4 storey (top storey is articulated/pop-up rooms only)

N/A

N/A

Floor Space Ratio

A

0.7:1*

Stage 3A = 0.14:1

Yes (see discussion below)

B

0.8:1*

N/A

N/A

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)

N/A

N/A

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)

N/A

N/A

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 49% to 63% for each dwelling

Yes

B

40%

N/A

N/A

C

50%

N/A

N/A

Minimum Soft Landscaping

A

20%

Varies from 35% to 55% for each dwelling

Yes

B

20%

N/A

N/A

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 4,500mm to 7,385mm for House Nos. 36 to 49.

Yes

Rear Setback

- interface with Density Zone B

 

Minimum 3,000mm to average 6,000mm

Varies from 5,415mm to 8,370mm for House Nos. 51 to 58.

Yes

Rear Setback – south to rear facing lot

 

Minimum 3,000mm for Lot 86 (House 50).

Not applicable. The proposed dwelling on lot 86 (House 50) have frontage facing west 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)

4,658

0.14:1 (4,658÷32,273=0.14)

 

 

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

$8,166,400

1%

$81,664

 

 

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. 

 

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, additional privacy screens have been provided to the rear facing window at first floor level of House No. 40 and the north-western side of the first floor deck of House No. 37, to minimise the potential for overlooking into the habitable room windows and private open spaces of the adjoining properties fronting Argyle Crescent and Tallow Place.

 

Overall, the proposal is satisfactory with regard to privacy.

 

Views

The proposal will not result in any significant 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 considered to give rise to adverse detrimental impacts on surrounding developments. Visually, the proposal will be well-designed with a bulk, scale and height that will enhance the existing streetscape and locality.

 

The application is recommended for approval subject to conditions.

 

Recommendation

 

That Council, as the consent authority, grant development consent under of Section 80 and 80A of the Environmental Planning and Assessment Act 1979 to Development Application No. DA/126/2010 for the construction of 24 dwelling houses, public domain works within Stage 3A of Endeavour House site and construction of an extension of pedestrian accessway to Tallow Place at 88-102 Moverly Road, South Coogee, subject to the following conditions:

 

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

 

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

 

 

 

 

Drawing No.

Revision

Revision Date

Received on 

001

A

02-02-10

25-02-10

003

B

15-04-10

16-04-10

004

A

02-02-10

25-02-10

005

A

02-02-10

25-02-10

006

A

02-02-10

25-02-10

3A-DA-008

A

02-02-10

25-02-10

3A-DA-009

B

14-04-10

16-04-10

3A-DA-010

A

02-02-10

25-02-10

3A-DA-011

A

02-02-10

25-02-10

3A-DA-012

B

14-04-10

16-04-10

3A-DA-013

B

14-04-10

16-04-10

3A-DA-014

C

14-04-10

16-04-10

3A-DA-015

B

15-04-10

16-04-10

3A-DA-016

B

14-04-10

16-04-10

3A-DA-017

B

14-04-10

16-04-10

3A-DA-018

B

14-04-10

16-04-10

3A-DA-019

B

14-04-10

16-04-10

3A-DA-020

B

15-04-10

16-04-10

3A-DA-021

A

02-02-10

25-02-10

3A-DA-022

C

15-04-10

16-04-10

3A-DA-023

B

26-03-10

29-03-10

3A-DA-024

A

02-02-10

25-02-10

3A-DA-025

A

02-02-10

25-02-10

3A-DA-026

C

15-04-10

16-04-10

3A-DA-027

A

02-02-10

25-02-10

3A-DA-028

A

02-02-10

25-02-10

3A-DA-029

A

02-02-10

25-02-10

3A-DA-030

B

15-04-10

16-04-10

3A-DA-031

A

02-02-10

25-02-10

046

A

02-02-10

25-02-10

047

B

22-04-10

23-04-10

 

the application form and any supporting information received with the application, except as may be amended by the following conditions:

 

2.       The colours, materials and finishes of the external surfaces of the dwelling hours are to be consistent with that indicated on the sample board accompanying the subject development application and received by Council on 25 February 2010.

 

3.       Prior to the issue of any occupation certificate for any dwelling erected within the Stage 3 site, the developer must have completed the construction of the following public pedestrian access ways from the internal roads of the development:

 

(a) to the east to Moverly Road, South Coogee through No. 132 Moverly Road as per Development Consent No. 555/2009; and

 

(b) to the west to Grevillea Place, South Coogee through No. 11 Grevillea Place as per Development Consent No. 554/2009.

 

4.       Fences located on the side or rear boundaries of the premises shall not exceed a maximum height of 1800mm, measured above the finished ground level within the individual site.

 

On sloping sites or at changes in ground levels, the maximum height of the fence may exceed the abovementioned specified height by up to 150mm maximum adjacent to any required ‘step-downs’ or changes in ground level.

 

The applicant and owner is advised that the relevant provisions of the Dividing Fences Act 1991 are to be satisfied accordingly and any necessary approvals or agreements should be obtained from the owner/s of the adjoining land beforehand.

 

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

 

6.       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.

 

In this regard, an Application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of appropriate street and unit numbers for the development, prior to issuing an occupation certificate.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost more than $200,000

$8,166,400

1%

$81,664

 

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.

 

11.     In accordance with Section 80A (11) of the Environmental Planning and Assessment Act 1979 and Clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition that all of the required commitments listed in the relevant BASIX Certificate for this development are fulfilled.

 

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

 

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

 

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

 

13.     The following provisions are to be implemented in accordance with the relevant BASIX Certificate and details are to be included in the Construction Certificate documentation (as applicable), to the satisfaction of the Certifying Authority:

 

·           Stormwater management (i.e. rainwater tanks)

·           Water efficiency (i.e. triple A rated taps and showers, dual flush toilets and water re-use)

·           Landscaping provisions

·           Thermal comfort (i.e. construction materials, glazing and insulation)

·           Energy efficiency (i.e. cooling & heating provisions and hot water systems)

 

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

 

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

 

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

 

15.     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.

 

16.     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).

 

17.     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.

 

18.     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).

 

19.     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”.

 

20.     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.

 

21.     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.

22.     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.

 

23.     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.

 

24.     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:

 

25.     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.

 

26.     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.

 

27.     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.

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

 

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

 

29.     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant 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.

 

30.     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.  

 

31.     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.

 

32.     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.

 

33.     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.

 

34.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·       before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

·       before 7.00am or after 10.00pm on any other day.

 

37.     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.

 

38.     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:

 

39.     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.

 

40.     A 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 construction waste 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 maintain reasonable levels of environmental health, safety and amenity:

 

41.     The land must be remediated to meet the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999 and the following requirements must be complied with:

 

a)     Prior to the commencement of any works, a Remediation Action Plan (RAP) is required to be prepared and be submitted to Council.  The RAP is also required to be reviewed by an independent NSW Department of Environment & Climate Change (DECC) Accredited Site Auditor and a written statement is to be provided to the Council with the RAP from the Site Auditor, which confirms that the RAP satisfies the relevant legislative guidelines and requirements and that the land is able to be remediated to the required level and will be suitable for the intended development and use.

 

b)     The RAP is to be prepared in accordance with the relevant Guidelines made or approved by the NSW Department of Environment & Climate Change, including the Guidelines for Consultants Reporting on Contaminated Sites.

 

This RAP is to include procedures for the following:

 

·           Excavation, removal and disposal of contaminated soil,

·           Site management planning,

·           Validation sampling and analysis,

·           Prevention of cross contamination and migration or release of contaminants,

·           Ground water remediation, dewatering, drainage, monitoring and validation,

·           Unexpected finds.

 

c)     A NSW Department of Environment & Climate Change (formerly EPA) Accredited Site Auditor, accredited under the Contaminated Land Management Act 1997, must be appointed to assess the suitability of the site for its intended development and use. 

 

d)     A Statutory Site Audit Statement and Summary Site Audit Report is to be submitted to Council which verifies that the land has been remediated and the site is suitable for the intended development and satisfies the relevant criteria in the NEPM 1999.

 

Any requirements contained within an Environmental Management Plan (EMP) which forms part of the Site Audit Statement and Site Audit Report, form part of this consent and must be implemented accordingly.  Council is required to be consulted with prior to the development of the EMP and any comments made by Council are required to be taken into consideration prior to finalising the EMP.

 

e)     The site remediation must be carried out to the satisfaction of the Accredited Site Auditor and a Site Audit Statement and Summary Site Audit Report must be submitted to Council prior to:

 

i)      a construction certificate being issued for the development or

ii)      a subdivision certificate being issued for the development, which ever comes first

 

f)      Remediation works shall be carried out in accordance with the requirements of the Contaminated Land Management Act 1997, environmental planning instruments applying to the site, guidelines made by the NSW Department of Environment & Climate Change and Department of Infrastructure Planning & Natural Resources, Randwick City Council’s Contaminated Land Policy 1999 and the Protection of the Environment Operations Act 1997.

 

g)     Should the approved remediation strategy including the ‘capping’ or ‘containment’ of any contaminated land, details are to be included in the Site Audit Statement (SAS) and Environmental Management Plan (EMP) to the satisfaction of the Site Auditor.

 

Details of the SAS and EMP (including capping and containment of contaminated land) are also required to be included on the Certificate of Title for the subject land under the provisions of section 88 of the Conveyancing Act 1919.

 

h)     The Site Audit Statement must, where no guideline made or approved under the NSW Contaminated Land Management Act is available (as with asbestos), clearly state the source of the standard adopted in determining the suitability of the land for the intended development and use and must also demonstrate its suitability to Council.

 

In relation to any asbestos contamination, a comprehensive remediation strategy and remedial action plan must be developed, to the satisfaction of the Site Auditor and NSW Department of Health or other suitably qualified and experienced specialist to the satisfaction of the Site Auditor. 

 

The remediation strategy and remedial action plan must demonstrate that the land will be remediated in accordance with relevant guidelines (if any) and to a level or standard where no unacceptable health risk remains from asbestos exposure, which shall be verified upon completion of the remediation works to the satisfaction of the Site Auditor.

 

i)      A Site Remediation Management Plan must be prepared prior to the commencement of remediation works by a suitably qualified environmental consultant and be implemented throughout remediation works. The Site Remediation Management Plan shall include measures to address the following matters:

 

·       general site management, site security, barriers, traffic management and signage

·           hazard identification and control

·       worker health & safety, work zones and decontamination procedures

·       prevention of cross contamination

·           site drainage and dewatering

·       air and water quality monitoring

·           disposable of hazardous wastes

·           contingency plans and incident reporting

·           details of provisions for monitoring implementation of remediation works and persons/consultants responsible.

 

A copy of the Site Remediation Management Plan is to be forwarded to Council prior to commencing remediation works.

 

j)      Any fill importation to the site is to be monitored and classified by the Site Auditor appointed for remediation of the site or a person with his qualifications. Only ‘Virgin Excavated Natural Material’ (VENM) is to be imported to the site, as detailed in the NSW DECC Waste Classification Guidelines (2008).

 

k)     Hazardous or intractable wastes arising from the demolition, excavation and remediation process being removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of:

 

·       New South Wales Occupational Health and Safety Act, 2000;

·       The Occupational Health and Safety (Hazardous Substances) Regulation 2001;

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

·       Protection Of the Environment Operations Act 1997 (NSW) and

·       NSW DECC Waste Classification Guidelines (2008).

 

l)      The works must not cause any environmental pollution, public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

m)     Any new information which is identified during remediation, demolition or construction works that has the potential to alter previous conclusions about site contamination or the remediation strategy shall be notified to the Site Auditor and Council immediately in writing.

 

The written concurrence of Council must be obtained prior to implementing any changes to the remediation action plan or strategies.

 

Security Deposit Conditions

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

 

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

 

a)   $5000.00   -      Damage / Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

 

Traffic conditions/Civil Works Conditions

 

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

 

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

 

a)     Construct full width concrete vehicular crossings and laybacks at kerb opposite the vehicular entrances to the proposed dwellings.

 

44.     All civil infrastructure works within the proposed development site including, but not limited to, construction of the drainage system within the proposed road reserve, construction of the drainage system from the proposed road reserve to the downstream end of the development site, construction of the private interallotment drainage system/s, construction of the road pavement, construction of kerb and gutter, construction of footpaths within the road reserve and construction of vehicular crossings must be undertaken in accordance with the development consent for Stage 1 and the construction certificates for Stages 2 and 3 civil infrastructure works. Construction certificate applications for the proposed dwellings must demonstrate compliance with this requirement.

 

45.     All private interallotment drainage systems and future Council controlled drainage systems within the proposed Stage 3A (Development Application 126/2010) and Stage 2B (Development Application 578/2009) must be completed prior to the issuing of an occupation certificate for any dwelling within Stage 3A. 

 

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

 

47.     Prior to the issue of a construction certificate for the proposed dwellings, the applicant shall submit for approval and have approved by Council's Traffic Engineer a detailed construction traffic management plan. The plan shall demonstrate how construction and delivery vehicles will access the development site during the construction phase of the development.

 

All traffic associated with the subject development shall comply with the terms of the approved construction traffic management plan.

 

Alignment Level Conditions

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

 

48.     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 along the full site frontage.

 

·      2.5% above the design top of kerb opposite at all points within the proposed Stage 3A development site. 

 

·      Match the existing access way linking the development site with Tallow place.

 

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

 

49.     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.

 

Service Authority Conditions

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

 

50.     A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

51.     The applicant must meet the full cost for telecommunication companies, gas providers, Energy Australia and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

52.     All street lighting is to be provided on Energy Australia approved light poles and connected to the Energy Australia street lighting system. The light poles shall be consistent with those approved for Stage 2 works.

 

53.     Documentary evidence from the relevant public utility authorities confirming that their requirements have been satisfied, must be submitted to the certifying authority prior to a construction certificate being issued for the development.

 

54.     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.

 

55.     All services must be located underground.

 

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

 

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

 

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

 

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

 

Drainage Conditions

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

 

57.     The floor level of all habitable areas, storage areas and garages in the proposed dwellings must be a minimum of 300mm above the critical 1 in 100 year ARI flood level. The applicant’s hydraulic consultant, (i.e. the consultant engaged to prepare the drainage system design for the Stage 3 construction certificate), must provide to the certifying authority certification of compliance with this requirement prior to the issuing of a construction certificate for any dwelling.

 

58.     The proposed internal driveways must be designed with a high point at least 150 mm above the critical 1 in 100 year ARI flood level. The applicant’s hydraulic consultant, (i.e. the consultant engaged to prepare the drainage system design for the Stage 2 construction certificate), must provide to the certifying authority certification of compliance with this requirement prior to the issuing of a construction certificate for any dwelling.

 

59.     All stormwater discharge from the proposed dwellings site shall be directed to either the proposed street drainage system, (for houses on the high side of the proposed road) or to the proposed private interallotment drainage system/s for houses that drain away from the road reserve.

 

60.     Detailed drainage plans for each dwelling shall be submitted to and approved by the certifying authority prior to the issue of a construction certificate for that dwelling. The drainage plans shall demonstrate compliance with the conditions of this development approval. All drainage details shall be prepared by a suitably qualified hydraulic consultant who shall, at the completion of the works, certify that the drainage works have been constructed in accordance with the approved drainage plans and relevant standards.

 

Proposed Public Access way Conditions

 

61.     Lighting along the proposed pedestrian access way shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area. Full details of the proposed lighting along the proposed pedestrian access way shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for construction of the public access way.

 

62.     Details of fencing along the northern and southern side of the proposed public pedestrian access way shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for construction of the public access way.

 

63.     The proposed 1.5m wide concrete footpath/public pedestrian access way shall be constructed in accordance with Council’s specifications. The applicant must obtain Council’s requirements and specifications for the construction of the concrete footpath/public pedestrian access way prior to lodging the construction certificate for Stage 3A works. The construction certificate for Stage 3A works must demonstrate compliance with Council’s requirements and specification. The applicant must meet the full cost for Council or a Council approved contractor to construct the footpath. Construction of the public pedestrian access way shall be completed prior to the issue of any occupation certificate for any dwelling erected upon the land the subject of Development Applications No. DA/126/2010.

 

64.     Landscaping for the proposed public pedestrian access way shall be carried out in general accordance with the plan prepared by AECOM, drawing number L-DA-942B and dated 21/02/2010.

 

Waste Management Conditions

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

 

65.     A waste storage area shall be provided within each dwelling, screened from view and sized to contain a total of 3 waste bins (1 x 120L garbage bin, 1 x 240L recycling bin & 1 x 240L green waste bin) whilst providing satisfactory access to these bins. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

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

 

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

 

Landscape Conditions

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

 

67.     Landscaping for each individual lot within Stage 3A must be installed substantially in accordance with the Private Lot Principles & Planting Schedule and Typical House Layouts by AECOM, drawing numbers L-DA-948B, 949B and 950B, revision B, dated 19.02.2010; however, Council requires that the following changes be shown on amended plans, which must be submitted to, and be approved by the PCA for each lot, prior to the issue of Construction Certificates for each dwelling:

 

a)  Deletion of the following species, which are to be replaced with alternative species of similar form and function:

 

i)   Pennisetum alopecuroides (Fountain Grass) as this species has also demonstrated a capacity to escape cultivation and spread by wind blow seed;

ii)  Coprosma repens (Looking Glass Plant) as it is recognised as an environmental weed which invades areas of native bushland; and

iii)  Poa labillardieri (Poa) as it does not remain evergreen which gives a poor appearance.  

 

b)  Plant schedules must nominate the quantity, location and spacing for all planting proposed within each lot, and must be shown at their full size at maturity in order to avoid future maintenance issues for both the landscaping and dwellings;

 

c)  Any tree plantings that will achieve a height of 6 metres, and/or, a canopy spread of 4 metres upon maturity, must be setback a minimum distance of 2.5 metres from any physical part of a proposed dwelling;

 

d)  Additional notation or details for soil, mulch, edging, paving, fencing, surface finishes, retaining walls or any other landscape elements in order to fully describe the proposed landscape works;

 

e)  Any hydraulic/stormwater systems must attempt to reduce the placement of detention tanks and pits within areas of private open space so as to maximise the useability of these areas by future occupants.

 

68.     The landscaping must be installed in accordance with the approved documentation, prior to the issue of a Final Occupation Certificate, and must be maintained in accordance with these plans.

 

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

 

 


Planning Committee

11 May 2010

 

 

 

Development Application Report No. D27/10

 

 

Subject:                  133 Oberon Street, Coogee

Folder No:                   DA/960/2009

Author:                   David Mooney, Environmental Planning Officer     

 

Proposal:                     Demolition of existing dwelling and garage and construction of a new split level four storey dwelling with double garage

 

Ward:                      East Ward

 

Applicant:                Corrion Homes Pty Ltd

 

Owner:                         K Salakas

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

This development application is referred to the Planning Committee at the request of Councillors Andrews, Matthews and Seng.

 

The proposal involves demolition of the existing dwelling and garage and construction of a new split level dwelling with double garage.

 

The site is on the northern side of Oberon St, east of Higgs Street, Randwick. It has frontage of 10.485m, a depth of 44.26m. It is 464.1m2 and slopes on a moderate southerly aspect. There are free-standing homes to the north, east and west.

 

There were objections primarily on the grounds of non-compliance, bulk, scale, privacy, noise and overshadowing. The building was lowered and some windows altered in response to some of these issues. Other objections are addressed in this report.

 

The proposal satisfies the performance requirements in the Development Control Plan for Single Dwellings and Attached Dual Occupancies and is consistent with the aims and objectives of the Randwick Local Environmental Plan.

 

Approval is recommended, subject to conditions.

 

2.    The Proposal

 

The proposal involves demolition of the existing dwelling and garage and construction of a new split level dwelling with double garage. An existing swimming pool would be retained. The proposal was revised by submission of amended plans received by Council 22 march 2010 in the following manner.

 

·      External wall height of the master bedroom was reduced in height by 0.51m from 7.57m above existing ground to 7.06m.

 

·      Reduced number of windows on eastern and western elevations and increase sill height. Introduce obscure glazing on the remaining windows where necessary.

 

3.    The Subject Site and Surrounding Area

 

The site is on the northern side of Oberon St, east of Higgs St Randwick. It has frontage of 10.485m, a depth of 44.26m. It is 464.1m2 and slopes on a moderate southerly aspect. There are free-standing homes to the north, east and west.

 

Figure 1 – An aerial view of the site.

 

 

4.    Site History

 

The existing dwelling pre-dates Council’s approval records and appears in a 1930’s aerial photograph of the area. There is one recorded development approval on the site:

 

DA/686/2006     Construction of a swimming pool to rear of existing dwelling, including paving, landscaping, equipment shed and retaining wall.

 

5.    Community Consultation

 

The proposal has been notified in accordance with Council’s policy. The amended plans submitted 22 March 2010 were not re-notified because the amendments reduced the size and impact of the proposed development. The following submissions were received:

 

17 Higgs St, Coogee

 

Issue: Western window of the master bedroom overlooks adjoining yards.

 

Comment: The western windows in question were changed to have high-sills and obscure glass in the amended scheme.

 

Issue: Current residents have a history of amplified music. Condition of consent should be imposed.

 

Comment: Amplified music is governed by the Protection of Environment Operations (Noise Control) Regulation and does not require town planning conditions.

 

Issue: Upper levels should not have different setbacks to lower levels because of maintenance problems.

 

Comment: The upper levels are setback as required by the preferred solutions in the Development Control Plan.

 

Issue: Conditions to protect adjoining properties in the case of excavations.

 

Comment: There is a condition in the recommendation (number 31) that requires all excavations and backfilling to be performed safely and in accordance with professional standards.

 

131 Oberon St, Coogee

 

Issue: The site does not satisfy the minimum 12m frontage.

 

Comment: The minimum frontage applies only to dual occupancy development and not single dwellings.

 

Issue: Excavations to 4.6m might impact on our house.

 

Comment: There is a condition in the recommendation (number 31) that requires all excavations and backfilling to be performed safely and in accordance with professional standards.

 

Issue: Side setback required is 3m where only 1.5m is proposed.

 

Comment: The proposal satisfies the performance requirements of the DCP in relation to side setbacks.  See Section 8.

 

Issue: The proposed height exceeds the maximum by up to 3.73m causing overshadowing and loss of privacy

 

Comment: The external wall height was reduced and is now just 6 centimetres over the preferred solution in the DCP. This encroachment is addressed in the environmental assessment section of this report.

 

Consultant on behalf 133 Oberon St, Coogee

 

Issue: Site does not comply with 12 m minimum frontage.

 

Comment: The 12m frontage in the LEP applies to dual occupancies and not single dwellings.

 

Issue: Excavations to 4.6m would be potentially disastrous to my client. A dilapidation report should be required if approved.

 

Comment: There is a condition in the recommendation (number 31) that requires all excavations and backfilling to be performed safely and in accordance with professional standards.

 

Issue: Excessive height and inadequate setback impacts on solar access.

 

Comment: Height, setback and solar performance now complies with the DCP preferred solutions.

 

Issue: Excessive height and side windows reduce privacy.

 

Comment: Height and privacy conditions now satisfy preferred solutions in the DCP.

 

Issue: Impact on views from 15B Higgs St.

 

Comment: The owners at 15 Higgs St were notified but did not object. View-loss from this lot is not likely because there are no living or recreation spaces oriented towards a view over the subject site. The objector’s claim on behalf of the owners at No 15 is speculative.

 

Issue: Alfresco area raised significantly above ground level reducing privacy.

 

Comment: The floor height of the raised alfresco area was lowered so that it is no more than 500mm above ground.

 

Issue: Potential for roof areas to be converted in the future for outdoor terraces.

 

Comment: Addition roof terraces would require another development application.

 

Issue: Excessive overshadowing.

 

Comment: Overshadowing satisfies the preferred solutions in the DCP.

 

Issue: Proposal would have an overbearing affect on my client’s home.

 

Comment: The impact is acceptable because the proposal is within the performance requirements for height, floor area and setbacks.

 

Issue: Air conditioning unit should be acoustically treated.

 

Comment: There are conditions in the recommendation dealing with noise from the air conditioning compressor.

 

Issue: Utility courtyard is attached to a rumpus room and potentially a source of noise.

 

Comment: The courtyard is not large enough to be a major source of noise in ordinary circumstances. Noise from amplifiers or other kinds of equipment is regulated under separate legislation. No additional town planning measures are required.

 

Issue: Construction cost would be $1.5m and not $900k as proposed.

 

Comment: The proposed construction cost was estimated by a structure engineer employed as a ‘senior estimator’ and appears to be reasonable.

 

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

This report is based on the following plans and documentation:

·      Sheets 01-22 by Corrion Homes dated 14.08.2009

 

Driveway Opening Comments

 

The Planning Officer is advised that Development Engineering has no objection to increasing the proposed driveway opening at the site frontage from 3.0m to 3.50m in a westerly direction so as to improve turning paths for vehicles entering/exiting the proposed garage.

Note: Development Engineering has not included a relevant condition but if requested would read as follows:

 

Prior to the issuing of a construction certificate the applicant is to amend the submitted plans to show the driveway opening at the site frontage being extended to a total width of 3.50m (the opening is to be extended in a westerly direction).*

 

*Assessing Officer: This condition is included in the recommendation.

 

Landscape Comments

 

There are no existing trees, (covered by Council's Tree Preservation Order), that will be affected by this proposal.

 

Drainage Comments

 

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

 

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

 

7.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.

 

The proposal is consistent with the aims of RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

 

The proposal would not have an adverse affect on the heritage significance of the adjoining heritage listed substation.

 

Randwick LEP 1998 (Consolidated)

The Randwick Local Environmental Plan 1998 (Consolidation) was gazetted on 15 January 2010.  Clause 7 of the Randwick Local Environmental Plan 1998 (Consolidation) requires that a development application lodged but not finally determined prior to the appointed day will continue to be assessed and determined under the provisions of the Randwick Local Environmental Plan 1998 that was in force immediately before the commencement of this plan. The subject application was lodged on 22 December 2009 and is therefore subject to the savings provision. Further, when determining an application to which this clause applies, the consent authority must have regard to the provisions of this plan as if it had been exhibited under the Act but had not been made.

 


SEPP (Building Sustainability Index: BASIX) 2004.

The proposal is for a new dwelling 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.

 

Section 94A Contributions Plan

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

 

Category

Cost

Levy

S94A Levy

Development cost more than $200000

$900,000.00

1.0%

$9,000.00

 

Development Control Plan – Single Dwellings and Attached Dual Occupancies

The proposal generally satisfies the preferred solutions and performance requirements of this Development Control Plan. Non-compliance with the preferred solutions is discussed in the Environmental Assessment section of this report. A compliance table follows.

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

58%

Yes

25m² of private open space provided.

170m2 +

Yes

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

17m x 10m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

29%

Yes

Floor area

(Site area 464.1m2) maximum FSR 0.59:1 

0.51:1

Yes

Height, Form & Materials

External wall height maximum 7m

7.06m

Satisfactory

External wall height to the rear maximum 3.5m.

n/a

 

Cut or fill maximum 1m.

Up to 4.6m

No

No excavation within 900 mm of a side boundary.

900mm

Yes

No excavation within 4m of a rear boundary.

22.5m

Yes

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

7m/7m

Yes

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

n/a

 

Building setbacks

Front setback average of adjoining dwellings or 6m

7.015m

Yes

Rear boundary setback at least 4.5m

17.559mm

Yes

Side setbacks be 900mm at ground level.

800mm

No

Side setbacks be 1.5m at second floor level.

900mm

No

Side setbacks be 3.0m at third floor level.

1500mm

No

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.

Kitchen and bedroom windows are high-sill and/or obscure glass where necessary. Front living room has windows that return around the side, but these do not require additional protection. Neither does the front terrace because is faces the street and overlooks front yards and not private spaces.

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

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

Safety & Security

Front doors of dwellings are visible from the street.

Yes

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

Living room

Yes

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

Standard condition

Yes

Garages & Driveways

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

2 spaces

Yes

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

2.5mx5.5m

Yes

Driveway minimum width of 3m and side setback 1m

3.0m/1.5m

Yes

Driveway maximum width of 3m at the boundary.

3.0m

Yes

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

Satisfactory

Garages and carports to rear lanes set back 1m.

n/a

n/a

Parking and access is provided from the rear.

n/a

n/a

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

Yes

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

50%

No

Fences

Sandstone fences and walls are retained/recycled.

No sandstone

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

1.4m-1.8m

No

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

1.4m-1.8m

No

Foreshore Development

 

No encroachments on Foreshore Building Line.

n/a

Stepped buildings on sloping sites are articulated.

n/a

Form, colour, materials and finishes are sympathetic.

n/a

Buildings incorporate setbacks to allow sharing of views.

n/a

Ancillary structures do not detract from appearance.

n/a

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

n/a

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

North facing private open space receives full solar access

Yes

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

North facing living areas receive full solar access

Yes

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

No impact to solar collectors

Yes

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

No impact to north facing living room windows

Yes

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

North facing private open spaces continue to receive full solar access

Yes

 

8.    Environmental Assessment

 

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

 

Building Height

At its highest point, the external wall height is calculated to be 6 centimetres over the preferred solution for external wall height. The encroachment is less than half the width of this paragraph and would be barely discernable in the streetscape or to the neighbours. The encroachment is very minor and not in conflict with the performance requirements for external wall height.

 

Side setbacks

The proposed building is a complex case to apply DCP preferred solutions for side setbacks. The preferred solutions are different for each level of a building. Higher levels have greater preferred side setbacks. The proposed building is part 2 and part 3 levels, but only 2 levels are above the existing ground at any point on the site. The preferred solution for side setback is reproduced below.

 

          Preferred solution for side setback S3

 

          Side setbacks are no less than:

 

·      900mm for any part of a building over 1m above ground level and up to one level in height.

·      1.5m for any part of a building, the height of which is two levels at that point;

·      3.0m for any part of a building, the height of which is more than two levels at that point.

 

A literal interpretation of the preferred solution would result in an unusual outcome. A building with basement could comply with the preferred solution provided the above ground level was 900mm from a boundary. However, at the same time, it would not comply because it is 2 levels at that point and requires a 1.5m setback.

 

It is never the intention of a development control plan to induce compliance and non-compliance at the same time. Therefore a more purposive interpretation of the preferred solution is necessary.

 

The DCP performance requirement for side setback is reproduced below.

 

Performance requirement for side setbacks P3

 

Building forms and setbacks allow occupants and neighbours adequate access to natural light, daylight and fresh air…’

 

Any part of a building that is below ground would not have a bearing on the neighbour’s access to natural light, daylight and fresh air. A more purposive interpretation could account for this by construing each dot point together and in sequence (and not in isolation) by carrying over the use of ‘ground level’ in the first dot point to subsequent dot points, as in the following.

 

          Purposive interpretation of preferred solution for side setback S3

 

          Side setbacks are no less than:

 

·      900mm for any part of a building over 1m above ground level and up to one level in height.

·      1.5m for any part of a building, the height of which is two levels [above ground level] at that point;

·      3.0m for any part of a building, the height of which is more than two levels [above ground level] at that point.

 

Interpreting the clause in this manner allows a fair comparison of the above-ground setbacks of the proposed building with the above ground setbacks of a building with no basement because it excludes parts of the proposed building that have no bearing on the neighbour’s access to natural light, daylight and fresh-air.

 

The proposed building has the following above ground setbacks.

 

 

Ground

Second

Third

Minimum setback to eastern boundary

900mm

900mm

n/a

Minimum setback to western boundary

900mm

1.5m

n/a

 

There is a 5.2m long section of the eastern wall that is 900mm from the eastern boundary at second level instead of the preferred 1.5m. The section of wall is in the southern half of the site and does not affect solar access to any nearby north facing windows. The building overall is very well modulated. There are setbacks as much as 3m from either side boundary at both levels. The impact of the 5.2m long portion of building that is 900mm from boundary is amply offset by other parts of the building that are more distant from the eastern side boundary and that are lower than both the existing dwelling on the subject site, and the preferred solution for external wall height. The proposal satisfies the performance requirements for side setbacks.

Heritage

The site adjoins a heritage listed substation. The proposal does not materially impact on the fabric of the item and is sufficiently distant so that there is no impact on the heritage curtilage.

 

Garage

The garage door is 49% of the site width, exceeding the maximum of 35%. There are mitigating factors. The site is narrower than anticipated by the suite of preferred solutions, the garage is recessed behind the primary building line and makes up a much less significant portion of the full street façade of the dwelling than is suggested by the 49% calculation. The departure is acceptable.

 

Fences

The front fence is actually a retaining wall holding back earth on the subject site to a height of approximately 1.5m (and up to 1.8m depending on the topography). The mitigating factors are: a wall of approximately this height already exists at the front of the site; the existing site topography, being already retained, lends to the continuation of this kind of treatment; there are other similar and more severe treatments of the front boundary nearby; and the driveway and pedestrian gate are timber-slated allowing views into and from the driveway and pedestrian entry.

 

Excavations

There are excavations averaging approximately 2m (and are up to 4.6m) for the proposal. The excavations are within the footprint of the dwelling (except for the driveway) and will require shoring and retaining. There are conditions in the recommendation that require a dilapidation report on adjoining dwellings if necessary. The application was accompanied by a letter from a civil and structural engineer to say that the excavations and shoring could be performed safely. The proposed excavations are acceptable.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:          Leadership in sustainability, excellence in urban design and development, integrated transport and land use.

Direction:          Improved design and sustainability across all development, integrating transport and pedestrian links between town centres and key locations.

Key action:       Encourage and reward design excellence and sustainability.

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal involves demolition of the existing dwelling and garage and construction of a new split level dwelling with double garage.

 

The site is on the northern side of Oberon Street, east of Higgs Street, Randwick. It has frontage of 10.485m, a depth of 44.26m. It is 464.1m2 and slopes on a moderate southerly aspect. There are free-standing homes to the north, east and west.

 

There were objections primarily on the grounds of non-compliance, bulk, scale, privacy, noise and overshadowing. The building was lowered and some windows altered in response to some of these issues. Other objections are addressed in this report.

 

The proposal satisfies the performance requirements in the Development Control Plan for Single Dwellings and Attached Dual Occupancies and is consistent with the aims and objectives of the Randwick Local Environmental Plan.

 

Approval subject to conditions is recommended.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/960/2009 for demolition of the existing dwelling and garage and construction of a new split level dwelling with double garage at 133 Oberon Street, Coogee, subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered 3, 6 – 17, 16a, 17a and 19, dated 16/3/10 and plan numbered 18 dated 14/8/09, all received by Council on 22 March 2010, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

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

 

4.       Street numbering must be provided to the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council, prior to an occupation certificate being issued for the development.

 

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

 

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

 

7.       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.

 

8.       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.

 

9.       Prior to the issuing of a construction certificate the applicant is to amend the submitted plans to show the driveway opening at the site frontage being extended to a total width of 3.50m (the opening is to be extended in a westerly direction).

 

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 $900,000.00, the following applicable monetary levy must be paid to Council: $9,000.00.

       

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

 

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

 

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

 

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.

 

The following conditions are applied to ensure compliance with the Swimming Pools Act 1992 and to maintain public safety and amenity:

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

·       before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

·       before 7.00am or after 10.00pm on any other day.

 

44.     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.

 

45.     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:

 

46.     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.

47.     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:

 

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

 

a)     $1000.00 -      Damage / Civil Works Security Deposit

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

51.     The applicant shall 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:

 

52.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage.

 

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

 

54.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $461.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

55.     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.

 

56.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

Notes:

 

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

 

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

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 infiltration/rubble pit shall:-

 

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

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

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

iv.  Note:  other equivalent methods of infiltration may be adopted.

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

 

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

 

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

 

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

 

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

 

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

 

59.     A landscape plan prepared by a qualified professional in the Landscape/Horticultural industry (must be a registered member of either AILDM or AILA) shall be submitted to, and be approved by the PCA, prior to the issue of a construction certificate (with a copy of the approved plan to be forwarded to Council prior to the commencement of site works if not the PCA) and must detail the following:

 

a)       A Planting Plan & Plant Schedule which includes proposed species, botanic and common names, pot size at the time of planting, quantity, location, dimensions at maturity, maintenance practices (hedging, shaping etc), as well as any other landscape details to describe the proposed works;

 

b)       A predominance of species with low water requirements that can withstand poor quality sandy soils;

 

c)       A total number of 1 x 25 litre (pot size at the time of planting) tree within the front portion of the site, selecting a species which will attain a minimum height of between 4-7 metres at maturity.

 

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

 

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.

 

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

 

Attachment/s:

 

Nil


Planning Committee

11 May 2010

 

Development Application Report No. D28/10

 

 

Subject:                  72 Denning Street, South Coogee

Folder No:                   DA/739/2009

Author:                   Wendy Wang, Environmental Planning Officer      

Do not delete this line

Proposal:                     Demolition of the existing dwelling and construction of a new part two (2) part three (3) storey dwelling house, lower level garage with terrace above, rear swimming pool and associated site works.

Ward:                      East Ward

Applicant:                CM Hairis Architects

Owner:                         R Aerlic and J Zuber

Summary

Recommendation:     Approval

 

Text Box: D27/10

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan


1.       Executive Summary

 

The application is referred to the Planning Committee for determination at the request of Councillors Andrews, Matthews and Procopiadis

 

The subject application is for demolition of the existing dwelling and construction of a new part two (2) part three (3) storey dwelling with basement level double garage.

 

Following concerns raised with the applicant regarding setbacks at the top floor, the applicant has amended the plans by increasing the southern side setback to comply with the DCP’s preferred solutions for side setbacks at a double storey height. Due to the topography of the site, the front of the dwelling presents as a three storey dwelling while the rear of the proposed dwelling, adjacent to Garie Place, meets the relevant objectives of the DCP and presents as a standard double storey dwelling with an external wall height which readily meets the preferred solution of the DCP.

 

The subject application was notified from 15 October to 30 October 2009 to adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. Five submissions were received at the conclusion of the public consultation process which are addressed in the relevant sections below. The amended proposal was not renotified as the amended proposal contained improvements to the original plan to address the issues raised.

 

The site is identified as being within Zone No. 2A (Residential A Zone) under RLEP 1998. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2A Zone, in that the development will deliver a detached dwelling that will be consistent with the character of other residential developments in the locality. The development will incorporate suitable design measures that minimise the visual scale and bulk of the structures especially in the context of the existing and future desired character of the area. Accordingly, the proposal is considered to have positive planning merits.

 

The DCP – Dwelling Houses and Attached Dual Occupancies specifies detailed built form and setback controls for dwelling house developments. The proposal does not comply with the DCP preferred solutions mainly in 2 areas, namely, FSR and external wall height which have are been assessed and found reasonable and acceptable as follows:

 

·         The proposal has an FSR of is 0.78.6:1, which does not comply with the DCP preferred solution of maximum 0.6:1 FSR. Assessment of this variation indicates that the relevant objective and performance requirement of the standard have been achieved in that the proposed bulk and scale will not be inconsistent with the existing built form of adjoining and surrounding properties. The bulk of the building is distributed appropriately down the slope of the subject site to respect the outlook of adjoining properties and preserve the privacy, solar access and view sharing for neighbouring residents.

·         The maximum building height and external wall height of the proposed development is 8.9m and does not meet the DCP preferred solution of max 7m. However, this variation is confined to the east side where the cross fall in the land is at the lowest. As such, the non-compliance is a natural consequence of the topography of the site rather than an indication of an inappropriate design. The proposal will meet the performance requirements and objectives of the external wall height control in that the height of the overall building will relate compatibly with those in the surrounding streetscape with acceptable impacts in terms of overshadowing, privacy and views.

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

 

2.       The Proposal

 

The proposed development includes the following components:

 

 

 

Garage (eastern side):   Car parking for 2 vehicles

 

Ground floor:                 Living room, dining room, kitchen, family room, laundry, lift and swimming pool in the rear yard.

 

First Floor:                    3 x bedroom, master bedroom with WIR and ensuite, bathroom, front terrace and rear balcony.

 

3.       The Subject Site and Surrounding Area

 

The subject site is located on the western side of Denning Street between Garie Place and Bedford Place in South Coogee and is presently occupied by an existing single storey brick dwelling with detached garage. The site rises steeply from Denning Street toward the rear. The site has a frontage width of 10.06m, a side boundary depth of 38.19m and has an overall site area of 383.28m². Neighbouring the property to the north is a part two (2) and three (3) storey rendered residential dwelling. To the south is a single storey brick dwelling house. To the rear is a four (4) storey residential flat building. The surrounding area is residential in character and consists predominantly of detached residential dwellings ranging from single to three (3) storeys and some residential flat development. The dwellings along the western side of Denning Street are elevated above street level and the street itself slopes west to east, toward Pearce Street.

 

Photographs of the site and surrounds

1. The existing building (shown in middle)

2. existing development to the north


 

3. existing development to the south

4. view from site across Denning Street

5. multi unit development to the rear of the subject site

6. rear and yard of the subject site (pictured on left)

 

4.       Site History

 

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

 

4.1             Application History

Following concerns raised with the applicant regarding setbacks at the top floor, the applicant has amended the plans by increasing the southern side setback to comply with the DCP’s preferred solutions for side setbacks at a double storey level. The amended plans were received by Council on 2 March 2010 and form the subject of the current assessment.

 

5.       Community Consultation

 

The subject application was notified from 15 October to 30 October 2009 to adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received at the conclusion of the public consultation process:

 

5.1   Objections

Residents, 7 Coldstream St, Coogee (owners of No 3/6 Garie Pl, South Coogee)

Residents, 7 Coldstream St, Coogee (owners of No 3/6 Garie Pl, South Coogee)

Residents, 12 Pilliga Pl, Bangor NSW (owner of 6/6 Garie Pl, South Coogee)

Residents, 2/6 Garie Pl, South Coogee

Residents, 74 Denning Street, Coogee

 

The following issues were raised in the submissions:

 

 

As assessed in Section 9.1 below, whilst the proposal does not meet the Preferred Solution of the DCP - Dwelling House and Attached Dual Occupancies relating to FSR, it has achieved the relevant objective and performance requirement of these standards. In relation to FSR the proposed bulk and scale will be compatible with the existing built form of adjoining properties especially at 68, 70 and 76 Denning Street relative to the size of the subject site. Beyond these immediate adjoining properties, and having regard to the nature of existing surrounding development in Denning Street and the locality, numerous examples of substantial contemporary dwellings and multi unit housing exist such that the proposed development will not be out of context in the streetscape nor inconsistent with the bulk and scale of surrounding development.

 

In relation to the external wall height, the breach of the wall height in the eastern side is acceptable as the overall height of the proposal will relate appropriately to those in the immediate and surrounding streetscape as required by the performance criteria of the DCP. Further, this variation is confined to the east elevation where the cross fall in the land is at the lowest. As such, the non-compliance is a natural consequence of the topography of the site rather than an indication of an inappropriate design. The proposal will meet the performance requirements and objectives of the external wall height control in that the height of the overall building will relate compatibly with those in the surrounding streetscape with acceptable impacts in terms of overshadowing, privacy and views.

The following considerations are also relevant in assessing the FSR and external wall height of the proposed development:

 

·         As indicated in relevant assessment sections below the proposal has reasonable impacts on adjoining and surrounding properties in that it will preserve the privacy and solar access of neighbouring residents and allow sharing of views.

 

·         The proposal readily complies with the landscape requirement of the DCP which will ensure adequate plantings and landscaping to soften the proposed built form.

 

 

Section 79C of the Environmental Planning and Assessment Act provides the heads of considerations that must be taken into account in the assessment of DAs. Specifically, this section clearly states that the standards applicable in the assessment of all DAs are those contained in Environmental Planning Instruments (in this case the Randwick Local Environmental Plan 1998) and Council adopted plans and policies (primarily, in this case, the Development Control Plan -  Dwelling House and Attached Dual Occupancies). Each development application submitted to Council is subject to an independent merit based assessment in accordance with Randwick Council’s planning controls. The current application is found to be acceptable in the context of the subject site. The nature of the current application is substantially different to that of No. 60 Denning Street and it would be unreasonable to recommend for refusal based on a previous application for another site.

 

 

·         The information contained in the SEE is misleading and incorrect

 

Council officers have undertaken their own analysis of the proposed development and have not relied solely upon the report from the applicant’s planning consultant in the assessment of proposed development

 

 

The application is accompanied by shadow diagrams indicating that while there is a degree of overshadowing, the proposal will still achieve the minimum requirements for solar access to the private open space of the adjoining dwelling to the south at No. 74 Denning Street. For further detail assessment, refer to the Section 9.1 of this report.

 

 

 

The development application is considered adequate and reasonable in relation to the subject site in that it proposes a dwelling house that does not detract from the existing and future character of the neighbourhood and streetscape as exemplified in the numerous contemporary previously approved in the locality. Additionally, the proposed dwelling responds to the size, shape and topography of the subject site adequately by distributing the bulk and scale of the building and off-setting the non-compliances in the FSR and external wall height by providing adequate landscape areas and setbacks. The design of proposed development is considered suitable and reasonable relative to the size and shape of the subject site as indicated in the proposal’s full compliance with the landscape controls and its predominantly compliant setback provisions as detailed in Section 9.1 below. In particular the height, bulk and scale of the proposal performs adequately in relation to the amenity of adjoining properties given the shape, size and topography and subject to appropriate conditions.

 

 

The entire rear elevation of No. 6 Garie Place already overlooks the rear elevations and private open spaces of all the allotments along this section of Denning Street. The proposed dwelling and pool will not have an unreasonable adverse impact on the privacy of the units to the rear given their ample separation distance and the topography of the sites. Further, the rear first floor balcony proposed for the rear bedroom has been indicated for provision with external aluminium louvers on its western edge and no additional windows have been proposed to this elevation. The ground floor openings adjacent to the family roof do not exacerbate current levels of overlooking.

 

 

Swimming pools are considered to be a standard residential ancillary structure and are acceptable in residential areas. The location of the proposed pool is not considered to result in any unreasonable adverse impacts to the amenity of the adjoining properties as it is not an elevated structure. The pool complies with the DCP requirements for side setbacks and does not seek to create elevated deck/coping areas and existing boundary fencing will ensure adequate visual and acoustic privacy is retained. A condition has been included within the consent to state that the ground level in the area yard is not to be raised without consent from Council to prevent overlooking into adjoining properties.

 

 

Standard conditions are applied to ensure that construction work on the subject site will not result in adverse impacts to the health and amenity of residents in the surrounding dwellings. Works are subject to compliance with the Building Code of Australia and other policies with regard to construction noise, hours, waste management and minimising dust and debris.

 

 

No. 6 Garie Place is located to the west of the subject site. Shadow diagrams indicate that the proposed dwelling has negligible impact on the residential flat building. The rear yard of the subject site, as well as that of 74 Denning Street is in fact substantially overshadowed by No. 6 Garie Place in the winter afternoons.

 

 

No evidence has been submitted to support this claim and ultimately changes in property value are not a matter for consideration under Section 79C of the EP&A Act 1979.

 

 

The proposal has a height and scale which is compatible with the surrounding built environment and does not detract from the prevailing character of the locality. The proposal responds to topography, dimensions, and orientation of the site and surrounding properties. The design incorporates a number of features which assist in reduction of the apparent bulk including:

- articulation of the external facades of the building through provision of terraces, balconies, and design

- the proposed combination of external materials, colours and finishes.

The proposal does not result in any unreasonable adverse impacts on the adjoining residential properties in terms of privacy, view loss, or visual bulk and scale.

 

The proposed development is not inconsistent with the character of the locality and the proposed dwellings maintain even distribution of scale and form to ensure that adequate character/scale elements are afforded to the streetscape. Building bulk has been distributed to avoid unacceptable impacts upon adjacent properties.

 

 

The Land and Environment Court has established a planning principle to guide the assessment of view loss. It is considered the proposed development satisfies the planning principle in that the level of view loss and therefore those views retained from the objectors’ dwellings are acceptable and reasonable in the circumstances. Refer to section 10.1 - ‘view loss assessment’ in the environmental assessment section of the report for detailed discussion of view sharing.

 

5.2   Support

No letters of support 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 Engineer and Landscape Development Officer

An application has been received for the demolition of existing dwelling and construction of new part 2, part 3 storey dwelling, lower level garage with terrace above, swimming pool to rear and associated works at the above site.

 

This report is based on the following plans and documentation:

 

·         Architectural Plans  by C.M. Hairis Architects dated 12th October 2009;

·         Statement of Environmental Effects by C.M. Hairis Architects dated October 2009

·         Detail & Contour Survey by Daw & Walton Surveyors dated 5th August 2009.

 

Landscape Comments

There are no existing trees, (covered by Council’s Tree Preservation Order), that will be affected by this proposal.

 

A landscape plan prepared by a qualified professional in the Landscape/Horticultural industry shall be submitted to, and be approved by the PCA, prior to the issue of a construction certificate (with a copy of the approved plan to be forwarded to Council prior to the commencement of site works if not the PCA).

 

Drainage Comments

 

Generally for all Sites grading towards the street

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

 

The requirement for an infiltration/rubble pit will not be enforced in this case as ground conditions preclude the construction of the infiltration pit (i.e. rock and/or the water table is near the surface). All site stormwater shall be discharged to the kerb and gutter via a sediment/silt arrestor pit.

 

Parking Comments

Council’s DCP-Parking requires that for dwellings with 3 bedrooms or more, 2 off-street carspaces shall be provided.  The submitted plans comply with this requirement.

 

The internal dimensions of the carspaces comply with Australian Standard 2890.1:2004.

 

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

 


7.       Master Planning Requirements

 

Clause 40A(1) of Randwick Local Environmental Plan 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 4,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The site has a land area of 383m2 and a master plan is not required.

 

8.       Relevant Environmental Planning Instruments

 

8.1    Randwick Local Environmental Plan 1998

The Randwick Local Environmental Plan 1998 (Consolidation) was gazetted on 15 January 2010.  Clause 7 of the Randwick Local Environmental Plan 1998 (Consolidation) requires that a development application lodged but not finally determined prior to the appointed day will continue to be assessed and determined under the provisions of the Randwick Local Environmental Plan 1998 that was in force immediately before the commencement of this plan. The subject application was lodged on 13 October 2009, and is therefore subject to the savings provision. Further, when determining an application to which this clause applies, the consent authority must have regard to the provisions of this plan as if it had been exhibited under the Act but had not been made.

 

The site is identified as being within Zone No. 2A (Residential A Zone) under Randwick Local Environmental Plan 1998. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2A Zone, in that the development will deliver a single detached dwelling, which is compatible with the predominant and desired character of the locality.

 

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

 

1.     Clause

2.     Required

3.     Proposed

4.      Compliance

5.     22

6.     Services

7.      Adequate facilities for supply of water, disposal of sewage and drainage are required to support a proposed development

8.      The provision of utility and civil services will be required by appropriate conditions of consent.

9.      Complies, subject to conditions

10. 29 Foreshore Scenic Protection

11.  Council to consider the aesthetic appearance and visual amenity impact of the proposed building in relation to the foreshore

12.   

13.   

14.  The proposal has an aesthetic appearance that will not be detrimental to the visual qualities and amenity of the foreshore. In particular, the new detached dwelling is not atypical of previously approved new dwelling house developments in the locality in terms of architectural style, bulk and scale and external finish.

15.  Complies

16. 40 Excavation and filling of land

17.  Council to consider the likely impact on existing drainage patterns and soil stability in the locality, and the effects of the proposed works on the likely future use or redevelopment of the land

18.  The proposal requires mainly filling of the land to accommodate functional floor plates for the garage and entry levels. The application has been referred to Council’s Development Engineer for assessment. It is considered that the proposal will not adversely impact on the drainage pattern and use of the land, subject to the recommended engineering conditions.

19.   

20.  Standard conditions are also recommended to ensure that suitable soil retention and erosion control measures are undertaken during works on the site.

21.   

22.  Therefore, the proposal is considered satisfactory in this regard.

23.  Complies, subject to conditions

 

8.2        State Environmental Planning Policy (SEPP) No. 55 Remediation of Land

State Environmental Planning Policy No. 55 aims to promote the remediation of contaminated land for the purposes of reducing risk of harm to human health or any other aspect of the environment. The subject site has been continuously used for residential purposes for a prolonged period. There is no known previous industrial usage on the site, which would potentially contribute to land contamination. Accordingly, no contamination report is required in this instance.

 

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

SEPP: BASIX requirements came into force for multi-unit housing where development applications were lodged on or after 1 July 2005. 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 a new detached residential dwelling 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 (certificate no. 275555S, date of issue 12 October 2009) 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.       Policy Controls

9.1    Randwick Development Control Plan (RDCP) – Dwelling Houses and Attached Dual Occupancies

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

 

Landscaping

 

Preferred Solution

Assessment

S1

40% of the total site area is provided as landscaped area.

49% of the site is landscaped area. Complies

S1

A minimum of 25m² of useable private open space is to be provided.

The rear yard has an area of 132.78sqm. Complies

S1

Each dwelling must provide an area of private open space capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

The above area has minimum dimensions of 10.2m x 11m. Complies.

S1

Private open space in the front yard area is located behind the building line.

The above area is located in the rear yard. Complies

S6

20% of the total site area has permeable treatment.

21% of the site is permeable. Complies

 

The Objectives of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced; dwellings are provided with usable outdoor recreation space; storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design; and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

 

The Performance Requirements are that the size and dimensions of landscaping suit the needs of the occupants; location and design of open space takes advantage of aspect for year round use; indigenous species are used and existing vegetation is recycled where possible; planting does not obstruct or interfere with entries; and unpaved areas are maximised to allow stormwater infiltration.

 

 

 

 

Floor Area

 

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.6:1 applies. 

The proposed FSR is 0.78.6:1. Does not comply – see assessment below.

 

Floor Space Ratio

The Objectives and Performance Requirements of the DCP are that developments are not excessive in height, bulk or scale; are compatible with the existing character of the locality; and minimise adverse effects of bulk on neighbours and the street.

 

The proposal has an FSR of 0.78:1 which exceeds the DCP requirement of 0.6:1. The non-compliance is deemed to be reasonable and acceptable for the following reasons:

 

·         The relevant objective and performance requirement of the standard have been achieved in that the proposed bulk and scale will not be inconsistent with the existing built form of adjoining properties especially at 68, 70, 76, 79 and 81 Denning Street relative to the size of the subject site. Beyond these immediate adjoining properties, and having regard to the nature of existing development in surrounding Streets and the locality, numerous examples of substantial contemporary dwellings exist such that the proposed development will not be out of context in the streetscape nor inconsistent with the bulk and scale of surrounding development and will satisfy the overall objectives and performance requirements of the DCP with regards to floor space ratio.

·         Following concerns raised with the applicant regarding setbacks at the first floor level, the applicant has amended the plans to address Council’s concerns by increasing the southern side setback at the first floor to comply with the DCP’s preferred solutions for side setbacks. This will have the effect of visually reducing the perception of excessive bulk and scale to adjoining properties as well as to the street.

·         As indicated in relevant assessment sections below the proposal has reasonable impacts on adjoining and surrounding properties in that it will preserve the privacy and solar light access for neighbouring residents and allow sharing of views.

·         The proposal readily complies with the landscape requirement of the DCP which will ensure adequate plantings and landscaping to soften the proposed built form.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed dwelling has a maximum external wall height of 8.9m. Does not comply – see assessment below

S1

External wall height of buildings or additions to the rear does not exceed 3.5 m.

No separate rear buildings proposed. N/A.

S3

Cut or fill does not exceed 1m.

The proposal requires substantial excavation and retaining of the site, suitable conditions will be imposed to ensure that adjoining properties are adequately supported and no damage is caused to the adjoining properties as a result of works on the subject site. There are extensive excavations up to 3.2m at the lower floor garage level. The excavations resolve the steeply sloping topography and are considered to be acceptable given that building height and scale are appropriate for the topography and compatible with other buildings nearby.

S3

No excavation within 900mm of a side boundary.

No excavation will occur within 900mm of side boundaries. Complies.

S3

No excavation within 4m of a rear boundary.

Complies

S4

The length of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary.

The entire southern elevation of the proposed dwelling is 1.5 metres from the southern side boundary at first floor level. Complies.

 

External wall height

The Objectives of the DCP in relation to external wall height are to ensure developments are not excessive in height and scale, but are compatible with the existing character of the locality. The DCP aims to ensure buildings preserve privacy and natural light access for neighbouring residents and allow sharing of views.

 

The proposal exceeds the maximum wall height control with a maximum external wall height of 8.9m on the east side. Notwithstanding, the proposal is considered to be satisfactory based on the following reasons:

 

·         It is considered that the topography of the site (a 6.93m fall toward Denning Street combined with a north to south cross fall of approximately 1m) renders strict compliance with the DCP preferred solution on the front elevation (where the fall in the land is at the steepest) difficult to achieve. The proposal, however, complies with the external wall height on the western elevation where the visual impact of bulk and scale and impact on views is most significant. The proposal is considered to satisfactorily address the landform of the site and will not result in significant adverse visual impacts. In summary, the increase in external wall height, which is limited to the east elevation, is unavoidable due to the topography of the subject site rather than an inappropriate building design.

·         The proposed built form has incorporated staggered wall planes, select indentations, window openings, terraces and a combination of surface finishes, which will appropriately articulate the building facades and create visual interest. The design scheme adopts a flat parapet roof profile which assists in minimising view loss for No. 6 Garie Street and the overall visual scale and bulk of the structure. Overall, the architectural character of the proposal is considered to carry satisfactory design merits.

·         The proposal will comply with the 900mm ground floor and 1500mm first floor (with the exception of the northern first floor elevation) DCP setback preferred solution.

·         The dwelling is seen to be commensurate with the bulk and scale of the established streetscape and when viewed in conjunction with the approved development at No.s 68 and 70 Denning Street. The proposal generally responds well to topography of the street. The proposal has a built form that will be in keeping with the constant stepping of the dwellings in the street and will not dominate the Denning Street streetscape and has adequately addressed the constraints of the site in and provided a design that is contemporary and provides good internal amenity for the future occupants of the site without unreasonably affecting the neighbouring properties or surrounding environment.

 

The table below shows a comparison of maximum heights on nearby lots. As can be seen, the proposal provides a visually consistent “stepping down” of building heights along this section of Denning Street

 

68 Denning Street

70 Denning Street 

72 Denning Street

Approved

Approved

Proposed

RL 60.35

RL 60.56

RL 58.10

 

There is a consistent step down from each dwelling which provides for a cohesive streetscape appearance. As such, the height and scale of the building are considered to be consistent with the established and future development pattern and streetscape in the locality.

 

·         The east elevation (as a result of non-compliant section of northern and southern walls) in which the variation in wall height occurs will be articulated and modulated by projecting walls, ledges, balconies and recessed elements in line with the setback requirements of the DCP – Dwelling Houses and Attached Dual Occupancies for ground and first floors. This assists in breaking any potential visual height, bulk and scale. Accordingly, the variations in wall height will be non-intrusive and visually amenable.

·         The proposal will ensure impacts in terms of privacy, natural light and views are minimised subject to appropriate conditions to eliminate overlooking of adjoining properties from upper level balconies.

·         The proposal will  be designed to enhance the existing desirable built form character of the street by adopting, where relevant, characteristics of mass and proportion, materials and finishes, roof form and pitch, facade articulation, window and door location and proportions, and patios, eaves and parapets.

 


Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

Garage / street level:

Set to subject site’s front boundary

 

First and second levels: 

4.7m (balcony) – 7.9m to glass line and is consistent with that of the surrounding dwellings along this section of Denning Street.

 

Partial non-compliance, refer to comments below.

S2

No part of the building is closer than 4.5m from rear boundary.

The proposed dwelling is 11m from the rear boundary. Complies.

S3

Side setbacks be 900mm for any part of the building at ground level.

Northern boundary

The proposed development is set back 0.9 metres from the side boundary. Complies.

Southern boundary

The proposed development is set back 0.9 metres from the side boundary. Complies.

S3

Side setbacks be 1.5m at second floor level.

The proposed development is set back 1m on the northern side and 1.5m on the southern side. Does not comply, see assessment below.

S3

Side setbacks be 3m at third floor level.

The proposed development is set back 1m on the northern side and 1.5m on the southern side. Does not comply, see assessment below.

 

Northern side first floor setback

The proposed development has a side setback of 1m on the northern side. Although this does not meet the preferred solution of the DCP, it is considered that the reduced setback will not result in any loss of solar access, ventilation, or privacy to the adjoining property to the north. Further, given the location of windows openings and balconies of No. 6 Garie Place, a compliant northern side setback will not assist in preserving views as they are already obstructed by No. 70 Denning Street. The partial non-compliance is deemed to be acceptable in this instance.

 

Second floor setbacks

The proposal generally meets the preferred solution controls for side setbacks of 900mm and 1500mm at the lower and entry levels. However, given the complicated site topography, the upper floor (second) which presents as ‘first storey’ from the rear elevation does not meet the 3m side setback requirement. Notwithstanding this, the proposal is considered to be acceptable as it is the front (street elevation) which reaches a three (3) storey height. It would be onerous and unreasonable for Council to impose a compliant side setback of 3m at the second floor as this would render the entire front section of the dwelling unusable. This represents a severe hindrance to the development of the site. The rear of the proposed dwelling, adjacent to Garie Place, meets the relevant objectives of the DCP and presents as a standard double storey dwelling with an external wall height which readily meets the preferred solution of the DCP. Given the orientation of the balconies and windows of No. 6 Garie Place in relation to the subject site, the section of the proposed dwelling which impinges on the existing outlook from 6 Garie Place is of a double storey scale and reduction in height or increase in side setbacks at the three storey (front) section of the proposed dwelling will achieve little in terms of preserving views.

Taking into consideration the orientation of the site, as well as appropriate articulation of the dwelling and stepping of the site, these encroachments will not result in an unacceptable impact on the solar access and ventilation of the adjoining properties. View loss impacts are discussed in detail in section 10.1 of this report.

Front setback

The Objective of the front setback control aims to integrate new developments with the established streetscape pattern and to ensure retention of established vegetation.

 

The proposed garage is set to the front boundary and does not comply with the 6m preferred solution. It should be noted that a number of existing dwellings on Denning Street have garages built at nil or minimal setback from the street boundary such that the proposed front setback of the proposed development is not considered to detract from any established development pattern in the locality.

 

Given the elevated nature of the site, excavation is required to accommodate the garage and its location, scale, and setback is commensurate with that of the adjacent and surrounding garages.

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

The proposal includes openings to the street, rear, northern and southern elevations.

The majority of balconies, terraces and large openings have been adequately screened and window openings have been concentrated toward the eastern and western elevations on all floors to reduce the extent of overlooking into adjoining sites.

Most windows are adequately offset and sufficiently protect the privacy of adjacent properties and the upper floors are generally occupied by bedrooms, stairwell voids and a bathroom, which are not considered to be areas of high traffic.

Overall, the location and design of proposed windows to the dwelling are sympathetic to the privacy needs of adjoining dwellings and satisfactorily address the relevant objectives and preferred solutions of the DCP for Dwelling Houses and Attached Dual Occupancies.

S1

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

The proposal’s street facing balcony and terrace above the garage is not anticipated to generate any overlooking concerns as they are designed to take advantage of the ocean views to the east. These can partially overlook the front yards of surrounding dwellings. This is acceptable given that all front yards are susceptible to some degree of overlooking.  

The northern balcony adjacent to No. 70 Denning Street provided with translucent balustrading. Further, this balcony is located adjacent to a section of 70 Denning Street where there are no window openings.

The balcony is not expected to generate unreasonable loss of privacy and amenity as the balcony will generally overlook toward the north at an angle over the rear portion of the roof of No. 70 Denning Street. 

S1

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

Complies.

S3

Buildings comply with AS 371 and AS 2107.

The proposal has incorporated appropriate materials to minimize adverse acoustic impacts on the adjoining properties.

 

The Objective of the DCP is to ensure that new buildings and additions meet the occupant and neighbours requirements for visual and acoustic privacy.

 

The Performance Requirements include that overlooking of internal private living areas is minimised through appropriate building layout, location and design of windows and balconies; and separation, screening devices and landscaping be used to assist in minimising privacy impacts.

 

Safety & Security

 

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The proposed front door faces the street. Complies.

S1,3

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

The proposed dwelling has windows that overlook the street. Complies.

S2

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

Suitable condition included.

 

The Objectives and Performance Requirements of the DCP seek to ensure that a safe physical environment and crime prevention is promoted through design, including that buildings are designed to face the street and other public areas to provide for surveillance; dwellings and their entrances are readily identifiable by street numbering and design of front fences; and landscaped areas allows for safe access to the dwelling.

 

Garages & Driveways

 

 

Preferred Solution

Assessment

S1

Council’s Parking DCP requires 1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

The proposed dwelling has parking for 2 cars. Complies.

S1

Car parking spaces have a minimum dimension of 5.5m x 2.5m.

The dimensions of the parking spaces are 5.7m x 6.5m. Complies.

S1

Driveways have minimum width of 3m and are set back at least 1m from the side boundary.

The proposed driveway is 5.7m wide and is set back at least 1 metre from the side boundary. Complies.

S1

Driveways have a maximum width of 3m at the property boundary.

The proposed driveway is 5.7m at the front boundary. Does not comply, see assessment below.

S1

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

The proposed driveway gradient is less than 1 in 8. Complies.

S2

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

The proposed garage is located in front of the building line. Does not comply – see assessment below

S2

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

The proposed garage occupies about 65% of the width of the site frontage. Does not comply – see assessment below.

 

Design of parking facility

The Objectives of the DCP are to ensure on-site parking and driveway facilities are not visually intrusive and do not detract from the local streetscape.

 

The parking design does not comply with the preferred solution in terms of maximum width and location in front of the building line. Notwithstanding this, the development scheme is considered satisfactory based on the following reasons:

·         The front elevation of the nearby dwelling houses in Denning Street is characterised by garage and driveway facilities that extend across a substantial proportion of the allotment width. The provision of garages in front of the building line is a feature of the local streetscape. 

·         The proposal has been assessed by Council’s Development Engineers and no objections were raised on traffic or safety grounds. Suitable conditions have been included in this report.

·         The areas occupied by the access driveway are considered to be satisfactory and will not result in unacceptable visual impacts.

 

 

 

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

New dwellings comply with a minimum of 3.5 stars on the NatHERS.

Refer to the “BASIX” section of this report.

S2

Private open space receives at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

The rear yard will receive at least 3 hours of sunlight. Complies.

S2,8

North-facing windows to living areas receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

The northern elevation of the proposed dwelling is substantially overshadowed by the existing dwelling at No. 70 Denning Street as a result of the east – west orientation of the allotments.

S9

Solar access to existing or future solar collectors on adjacent buildings is maintained between 9am and 3pm each throughout the year.

The proposal will not overshadow solar collectors on adjoining properties. Complies.

S9

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

See assessment below. 

S9

Principal outdoor recreation space of neighbouring dwellings receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

See assessment below. 

 

Solar Access

The overall Objectives of the DCP seek to ensure that development promotes and has regard to the concept of Ecologically Sustainable Development. In this respect the objectives promote energy efficiency in design and construction; encourage the use of appropriate resources and passive solar design; and protect solar access enjoyed by the adjoining premises.

 

The rear yard of 74 Denning Street will receive at least 3 hours of sunlight over at least part of its area between 9.00am and 3.00pm on 21 June. Additionally, the shadow diagrams indicate that the northern elevation of No. 74 Denning Street is already overshadowed in the winter solstice due to the orientation of the allotments and the higher topography of the subject site compared to No. 74 Denning Street.

 

Given the east-west orientation of the site, it is acknowledged that the proposed development will result in some degree of unavoidable overshadowing to the adjacent dwelling at No. 74 Denning Street.

 

Notwithstanding this, it is not considered that the resultant overshadowing impact in itself warrants refusal of the proposal as the additional impact to the adjoining property is a direct and natural consequence of the orientation and topography of the sites rather than an indication of an inappropriate building design and would be an unreasonable restriction upon the owners of the subject property. Further, a site inspection has revealed that the majority of large window openings are located on the eastern and western elevations of No. 74 Denning Street and there are only a limited number of window openings on the northern elevation (see image below). Therefore the overshadowing impacts to large window openings are slightly reduced.

 

 

9.2    Randwick Section 94A Development Contributions Plan

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

 

24. Category

Cost

25. Applicable Levy

26. S94A Levy

27.  Development cost more than $200,000

28.  $1,129,000

29.  1.0%

30.  $11290

 

10.     Environmental Assessment

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

 

10.1    View loss assessment

An assessment of the proposed development and its impact on views is carried out in accordance with the Land and Environment Court planning principle after Roseth SC pp25-29 in Tenacity Consulting v Warringah [2004] NSWLEC 140. This assessment is guided by a four step process identified by the Land and Environment Court.

 

Step 1. “The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.”

 

Step 2. “The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.”

 

Step 3. “The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.”

 

Step 4. “The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.”

 

The image below shows the eastern elevation of No. 6 Garie Place, where the ocean views are obtained from the balconies and their openings. No 3/6 is located at the top floor on the left hand side, No 2/6 is directly below, and No. 6/6 is located at the top floor right hand side. 

 

 

Sharing of views is a design performance requirement in Council’s Dwellings Houses and Attached Dual Occupancies Development Control Plan.

 

2/6 Garie Place

The proposal primarily will result in the loss of easterly sea views currently available from the living/dining room, kitchen, and out to the balcony of No. 2/6 Garie Place. Applying the four-step planning principle established in the case of Tenacity Consulting vs Warringah Council, the view loss is considered unavoidable and acceptable for the following reasons:

 

§         Step 1 - The affected view essentially comprises a distant ocean vista and, as such, not a significant iconic view of a specific item of interest. Whilst the value of these views to residents within No. 2/6 Garie Place is recognised, it is considered that the views likely to be affected by the proposal are not iconic or highly ‘valuable’ views (as defined by the planning principle). Accordingly, in line with the planning principle the loss of these views are not unreasonable. Refer to images below of views obtained from the living/dining room and balcony.

Photo A:

Montage of proposed development viewed from living/dining area of No. 2/6 Garie Place

Photo B:

Montage of proposed development viewed from kitchen of No. 2/6 Garie Place

Photo C:

Montage of proposed development viewed from the balcony of No. 2/6 Garie Place

 

Photo D:

Montage of proposed development viewed from the balcony of No. 2/6 Garie Place in a south easterly direction

 

 

§         Step 2 - The affected views from the living/dining room and balcony of No. 2/6 Garie Place are easterly views toward the ocean. These views can be obtained from both standing and sitting positions directly across the eastern boundary.

 

 

 

It should also be noted that the existing dwelling on the subject site is a single storey dwelling constructed in 1941 and as such, making comparisons between the proposed view sharing and existing views obtained may be misleading.

 

It is considered that whilst the view loss as a result of the proposal is significant, they are considerably more difficult to protect than the views from the upper floors of the residential flat building due to the topography of the sites and the arrangement of lots in Denning Street in relation to No. 2/6 Garie Place will invariably result in a built form on the subject site similar to that of others in the same section of Denning Street that will interfere with views enjoyed from the affected property.

 

§         Step 4 - The proposed development does not comply with the DCP controls for floor space ratio external wall height and setbacks (on the northern top floor elevation). These variations to the Council’s relevant controls have been assessed in this report. The non-compliances of the proposed development are deemed to be acceptable when considering the context of other similar non-compliant dwellings, the compliance of the development with the relevant performance requirements of the DCP and the similar degree of impacts that a wholly compliant development would have upon the neighbouring dwellings in the area.

 

A compliant development in respects to floor space ratio, setbacks and external wall height would only serve to preserve a sliver of the view over the proposed dwelling’s roof and will result in a development on the subject site which is not in keeping with the dominant scale and character of the surrounding dwellings in this side of Denning Street. When taken in context with the existing streetscape, it would be unreasonable to hinder development of the subject site through strict compliance with the DCP preferred solutions. A pitched roof, whilst not adding to the external wall height, would impact the outlook and open feel enjoyed by surrounding sites even more severely.

 

The proposal will include an external wall height of 8.9m, exceeding the relevant preferred solution of the DCP by 1.9m. When viewed in isolation, the degree of non-compliance may be considered to be significant, however, in the context of the neighbouring dwellings at 68 and 70 Denning Street, as well as other dwellings in the vicinity of the site, the height of the proposal is deemed acceptable and commensurate with the heights of other dwellings.

 

The proposal is not excessive in bulk or scale, is compatible with the existing character of the locality. The overall building bulk is compatible with the surrounding built form and is in fact lesser in its scale than that of the adjoining properties by virtue of the lack of a pitched roof form

 

The proposal has been amended to comply with the side setback control at the southern side of the top floor. A compliant side setback at the northern side would do little in preserving the views as the gap between the proposed dwelling and the existing Dwelling at No. 70 Denning Street is insufficient in allowing for a reasonable view corridor. The amended southern setback will assist in opening up the remaining unaffected portion of view more effectively.

 

The rear of the proposed dwelling, adjacent to Garie Place, meets the relevant objectives of the DCP and presents as a standard double storey dwelling with an external wall height which readily meets the preferred solution of the DCP. Given the location of the balconies and windows of No. 6 Garie Place in relation to the subject site, the section of the proposed dwelling which impinges on the existing outlook from 6 Garie Place is of a double storey scale and reduction in height or increase in side setbacks at the three storey (front) section of the proposed dwelling will achieve little in terms of preserving views. Preservation of the existing view corridor from 2/6 Garie Place would require the deletion of the entire upper floor. Additionally, it would be onerous and unreasonable for Council to impose a compliant side setback of 3m at the second floor as this would necessitate the deletion of most of the upper level.

 

Further, assessment of the heights and floor space ratios of the adjoining sites to the north of the subject site indicates that a breach in both is consistent with development in the area. The dwelling at No. 68 Denning Street has a floor space ratio of 0.71:1. The dwelling at No. 70 Denning Street has a floor space ratio of 0.58:1, which meets the current preferred solution; however, this does not result in a reduction in bulk, scale and height, and is simply due to the rear section of the dwelling being only of a single storey nature.

 

It is considered that the proposed design and roof form satisfactorily balances the requirements for an amenable internal space for future occupants while presenting a built form that is commensurate and compatible with the built form of the dwellings in the area.

 

Generally the proposal remains consistent with the objectives of the planning principle and the impact of views enjoyed by the surrounding properties, is acceptable. Amendments to the proposal affecting its bulk are considered onerous and unnecessary as the proposal satisfies the performance and preferred solutions of the DCP and is commensurate with the scale of other residential dwellings in the street. The design is skillful and considers the impacts of view sharing by minimising excessive bulk and scale.

 


Summary:

There is some view-loss from properties to the west of the proposed development. View-loss is inevitable in coastal areas where policies allow development of individual lots. In this case, changes to the proposal to improve view sharing are unreasonable because as the extent of changes which can be reasonably requested of the applicant will not result in a significant improvement on views gained. Full numerical compliance with DCP preferred solutions severely hinders development due to the site constraints and non compliance is elsewhere represented in the street. As such, it is considered that the proposed dwelling is acceptable in terms of view sharing. As demonstrated in the assessment above, and considering the arrangement of the allotments in the vicinity, the impact of the proposed development in respect to view sharing is considered reasonable in accordance with the definitions provided in the planning principle.

 

3/6 Garie Place

The proposal primarily will result in the loss of easterly sea views currently available from the living room of No. 3/6 Garie Place. Applying the four-step planning principle established in the case of Tenacity Consulting vs Warringah Council, the view loss is considered unavoidable and acceptable for the following reasons:

 

§         Step 1 - The affected view essentially comprises a distant ocean vista and, as such, not a significant iconic view of a specific item of interest. Whilst the value of these views to residents within No. 3/6 Garie Place is recognised, it is considered that the views likely to be affected by the proposal are not iconic or highly ‘valuable’ views (as defined by the planning principle). Accordingly, in line with the planning principle the loss of these views are not unreasonable. Refer to images below of views obtained from the living room.

 

 

Photo A:

Montage of proposed development viewed from living area of No. 3/6 Garie Place

Photo B:

Montage of proposed development viewed from living area of No. 3/6 Garie Place (subject site in middle)

Photo C:

Montage of proposed development viewed from the balcony of No. 3/6 Garie Place

 

Photo D:

Montage of proposed development viewed from the window of No. 3/6 Garie Place in a south easterly direction

 

§         Step 2 - The affected views from the living room of No. 3/6 Garie Place are easterly views toward the ocean. These views can be obtained from both standing and sitting positions directly across the eastern boundary.

 

§         Step 3 - The degree of view loss to No. 3/6 Garie Place is considered to be moderate having regard to their non-iconic. Further, the view will only be partially obstructed by the proposal as the highest point on the proposed dwelling aligns with the underside of the eaves of the existing dwelling at No. 70 Denning Street, retaining some degree of the view directly to the east. Further, views in a south easterly direction remain unimpeded by the proposal. The degree and nature of the view loss is not considered to be unacceptable in this case.

 

§         Step 4 – The proposal has been amended to comply with the side setback control at the southern side of the top floor. This relieves a small amount of view loss for 3/6 Garie Place. The rear of the proposed dwelling, adjacent to Garie Place, meets the relevant objectives of the DCP and presents as a standard double storey dwelling with an external wall height which readily meets the 7m preferred solution of the DCP. Given the location of the balconies and windows of No. 6 Garie Place in relation to the subject site, the section of the proposed dwelling which impinges on the existing outlook from 3/6 Garie Place is of a double storey scale and reduction in height or increase in side setbacks at the three storey (front) section of the proposed dwelling will achieve little in terms of preserving views. Preservation of the existing view corridor from 3/6 Garie Place would require the deletion of the entire upper floor. Additionally, it would be onerous and unreasonable for Council to impose a compliant side setback of 3m at the second floor as this would necessitate the deletion of most of the upper level.

 

The breach in wall height is resultant from the constraints of the subject site and not due to poor design such that the view cannot be protected. Further, assessment of the heights and floor space ratios of the adjoining sites to the north of the subject site indicates that a breach in both is consistent with development in the area. The dwelling at No. 68 Denning Street has a floor space ratio of 0.71:1. The dwelling at No. 70 Denning Street has a floor space ratio of 0.58:1, which meets the current preferred solution; however, this does not result in a reduction in bulk, scale and height, and is simply due to the rear section of the dwelling being only of a single storey nature.

 

Summary: The proposal is not considered to result in any unreasonable impacts on views from No. 3/6 Garie Place.

 

6/6 Garie Place

The Assessing Officer estimates the following views over the site:

 

The proposal primarily will result in the loss of south easterly sea views currently available from the balcony of No. 6/6 Garie Place. Applying the four-step planning principle established in the case of Tenacity Consulting vs Warringah Council, the view loss is considered unavoidable and acceptable for the following reasons

 

§         Step 1 - The affected view essentially comprises a distant ocean vista and, as such, not a significant iconic view of a specific item of interest. Whilst the value of these views to residents within No. 6/6 Garie Place is recognised, it is considered that the views likely to be affected by the proposal are not iconic or highly ‘valuable’ views (as defined by the planning principle). Accordingly, in line with the planning principle the loss of these views are not unreasonable. Further, any direct eastern ocean view is already obstructed by the existing dwelling house at No. 70 Denning Street, which is higher than the current proposal. From inside the unit, views would be substantially obstructed by No. 70 Denning Street and a south easterly view could be obtained from the balcony of 6/6 Garie Place.

 

§         Step 2 - The affected sea views from the balcony of No. 6/6 Garie Place are oblique views toward a south easterly direction and not direct straight views across a front or rear boundary. As such, according to the planning principles, oblique views across boundaries are more difficult to retain rather than straight views across front and rear boundaries. The degree and nature of the view loss is minor especially considering that they are currently obstructed by No. 70 Denning Street. An unimpeded ocean view cannot be readily obtained from inside the living area of No. 6/6 Garie Place (see diagram below).

 

 

Direct east views

 

Subject site

 

6/ 6 Garie Pl

 

Existing part 2/3 dwelling at 70 Denning St

 

 

 

§         Step 3 - The degree of view loss to No. 6/6 Garie Place is considered to be moderate having regard to their non-iconic and distant nature at an angle. Additionally, the sea view that will be loss is already significantly compromised by the high dwelling at No. 70 Denning Street.

 

§         Step 4 – The proposal has been amended to comply with the side setback control at the southern side of the top floor. A compliant side setback at the northern side would do little in preserving the views as the gap between the proposed dwelling and the existing Dwelling at No. 70 Denning Street is insufficient in allowing for a reasonable view corridor. The rear of the proposed dwelling, adjacent to Garie Place, meets the relevant objectives of the DCP and presents as a standard double storey dwelling with an external wall height which readily meets the 7m preferred solution of the DCP. Given the location of the balconies and windows of No. 6 Garie Place in relation to the subject site, the section of the proposed dwelling which impinges on the existing outlook from 3/6 Garie Place is of a double storey scale and reduction in height or increase in side setbacks at the three storey (front) section of the proposed dwelling will achieve little in terms of preserving views. Preservation of the existing view corridor from the units at No. 6 Garie Place would require the deletion of the entire upper floor. It would be onerous and unreasonable for Council to impose a compliant side setback of 3m at the second floor as this would necessitate the deletion of most of the upper level.

 

The breach in wall height toward Denning Street is resultant from the constraints of the subject site and not due to poor design such that the view cannot be protected. Further, assessment of the heights and floor space ratios of the adjoining sites to the north of the subject site indicates that a breach in both is consistent with development in the area. The dwelling at No. 68 Denning Street has a floor space ratio of 0.71:1. The dwelling at No. 70 Denning Street has a floor space ratio of 0.58:1, which meets the current preferred solution; however, this does not result in a reduction in bulk, scale and height, and is simply due to the rear section of the dwelling being only of a single storey nature.

 

Summary: The proposal is not considered to result in any unreasonable impacts on views from No. 6/6 Garie Place.

 

31. Section 79C ‘Matters for Consideration’

32. Comments

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

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

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

36.  The proposed development is consistent with the general aims and objectives of the Draft Randwick Local Environmental Plan 2008.  

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

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

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

40.  Not applicable.

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

42.  Clause 7 of the EP&A Regulation 2000 requires the consent authority to consider the provisions of the Building Code of Australia. Accordingly, an appropriate condition is recommended to address the above matter.

43.   

44.  Clause 92 of the Regulation requires the consent authority to consider relevant Australian Standards relating to demolition of structures. A specific condition is recommended to require compliance with Australian Standard 2601.

45.   

46.  Clause 93 of the Regulation requires the consent authority to consider the structural capacity and fire safety aspects of a building. Appropriate conditions are recommended to address the above matters.

47.  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

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

49.   

50.  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.

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

52.  The site is located within an area, which is predominantly characterised by lower density residential developments. The proposal will maintain the existing detached housing form. The site has sufficient dimension to accommodate the proposed structures. Therefore, the site is considered suitable for the proposed development. 

53.   

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

55.  5 submissions were received and issues raised have been addressed in relevant sections of this report. 

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

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

 

Relationship to City Plan

The relationship with the City Plan is as follows:

 

Outcome:          Leadership in sustainability, excellence in urban design and development, integrated transport and land use.

Direction:          Improved design and sustainability across all development, integrating transport and pedestrian links between town centres and key locations.

Key action:       Encourage and reward design excellence and sustainability.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal does not comply with the Preferred Solutions of the DCP – Dwelling Houses and Attached Dual Occupancies relating to FSR and external wall height.  These non-compliances have been assessed in the relevant assessment sections above and have been found to be reasonable and acceptable. Apart from this, the proposed development complies with the other remaining relevant objectives and performance requirements of Development Control Plan – Dwelling Houses and Attached Dual Occupancies.

 

The proposal will not result in significant adverse impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view loss, solar access and privacy.

 

The proportions, massing, colours, materials and finishes proposed are considered to be satisfactory. The design carries satisfactory architectural merits and is sympathetic to the steep landform and the character of the existing streetscape and the Foreshore Scenic zone.

 

The application is therefore recommended for approval subject to the attached conditions of consent.

 

Do not delete this line

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/739/2009 for demolition of existing structures on the site and the construction of a new part two (2) part three (3) storey dwelling house with semi basement garage, rear swimming pool and associated site works at 72 Denning Street, South Coogee, subject to the following conditions:

 

REFERENCED PLANS

 

1.                  The development must be implemented substantially in accordance with the plan numbered 02a, dated 12/10/2009 and received by Council on 13 October 2009, and plans numbered 03b, 04b and 05b, dated 12/10/2009 and received by Council on 2 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:

 

ENVIRONMENTAL AMENITY

 

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

 

2.                  The colours, materials and finishes of the external surfaces to the building 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.                  There must be no encroachment of the structure/s or associated articles onto Council’s road reserve, footway, nature strip or public place.

 

4.                  Street numbering must be provided to the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council, prior to an occupation certificate being issued for the development.

 

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

 

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

 

7.                  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.

 

8.                  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.

 

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

 

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

 

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

 

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

 

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

 

10.              In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,129,000, the following applicable monetary levy must be paid to Council: $11290.

       

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

 

a)   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.

 

11.              In accordance with Section 80A (11) of the Environmental Planning and Assessment Act 1979 and Clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition that all of the required commitments listed in the relevant BASIX Certificate for this development are fulfilled.

 

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

 

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

 

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

 

13.              The following provisions are to be implemented in accordance with the relevant BASIX Certificate and details are to be included in the Construction Certificate documentation (as applicable), to the satisfaction of the Certifying Authority:

 

·                 Stormwater management (i.e. rainwater tanks)

·                 Water efficiency (i.e. triple A rated taps and showers, dual flush toilets and water re-use)

·                 Landscaping provisions

·                 Thermal comfort (i.e. construction materials, glazing and insulation)

·                 Energy efficiency (i.e. cooling & heating provisions and hot water systems)

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

·               Occupational Health & Safety Act 2000 & Regulations

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

·               WorkCover NSW Guidelines and Codes of Practice

·               Australian Standard 2601 (2001) – Demolition of Structures

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

·               Relevant DECC/EPA Guidelines

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

 

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

 

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

 

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

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

·               Details of hazardous materials (including asbestos)

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

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

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

·               Methods and location of disposal of any hazardous materials

·               Other relevant details, measures and requirements to be implemented

·               Date the demolition works will commence

 

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

 

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

 

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

 

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

 

·               Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

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

 

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

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

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

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

 

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

 

 

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

 

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