Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 22 June 2010

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council

22 June 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 22 June 2010 at 6:00pm.

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 25 May 2010

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minutes

Mayoral Minutes, if any, will be distributed on the night of the meeting.

 

Urgent Business

Director City Planning Reports

CP43/10    14-16 Ocean Street, Clovelly (deferred)

CP44/10    77-97 Alison Road, Randwick  (deferred)

CP45/10    227 Avoca Street, Randwick

CP46/10    38 Cliffbrook Parade, Clovelly

CP47/10    20 Sackville Street, Maroubra

CP48/10    155-157 Arden Street, Coogee

CP49/10    3/1 Mulwarree Avenue, Randwick

CP50/10    2-8 William Street, Randwick

CP51/10    Joint Regional Planning Panel (JRPP) - Recent changes to procedures and proposed delegations

CP52/10    Community Partnerships Funding Program 2010-11 - Recommended Allocations

CP53/10    Coogee Bay Hotel and Beach Palace Hotel - Lockout to Continue

CP54/10    Reporting variation to Development Standard under State Environment Planning Policy No. 1 (SEPP1) from 16 April to 31 May 2010

 

General Manager's Reports

GM17/10    Randwick City Council Management Plan 2009-13 and 2010-11 Annual Operational Plan

GM18/10    Affixing of the Council Seal

GM19/10    Use of Coogee Oval Grandstand Meeting Room by Randwick Petersham Cricket Club

GM20/10    Strategic Alliance Opportunity - Joint Council Depot Facilities at Randwick City Council Works Depot

 

Director City Services Report

CS7/10      Use of Council Parks, Reserves and Beaches by Commercial Fitness Groups and Personal Trainers

 

Director Governance & Financial Services Reports

GF25/10    Local Government Remuneration Tribunal - 2010 Annual Review

GF26/10    Investment Report - May 2010

GF27/10    Final Adoption of Confidential  Documents Policy

GF28/10    Implementation of new Government Information (Public Access) Act 2009

GF29/10    Outstanding Receivables - Doubtful Debt Write Off  

 

Petitions

Motion Pursuant to Notice

NM24/10    Motion Pursuant to Notice from Cr Matthews - Proposed registration fee for bicycles in all Local Government areas.................................................................... 343

NM25/10    Motion Pursuant to Notice from Cr Belleli - Proposed Environmental/Sustainable pamplet insert with rate notices

NM26/10    Motion Pursuant to Notice from Cr Stevenson - Constitutional Recognition of Local Government.................................................................................... 347  

NM27/10    Motion Pursuant to Notice from Cr Bowen - “Keep Coogee

               a Village” posters................................................................................349

NM28/10    Motion Pursuant to Notice from Cr Bowen – “Seniors Playground”

Concept…………………………………………………………….………………………....................351

 

 

NM29/10    Motion Pursuant to Notice from Cr Woodsmith –

Transference of Moore Park to the Sydney Cricket and

Sports Ground Trust…………………………………………………. ……………………………353

NM30/10    Motion Pursuant to Notice from Cr Matson – Coogee

Community Garden: Request for Council Consent and Assistance……….355

NM31/10    Motion Pursuant to Notice from Cr Matson – Potential

Delegation of JRRP Decision Making…………………………………………...…………357

NM32/10    Motion Pursuant to Notice from Cr Matson – Assessment

of Need to Review Street Tree Master Plan……………………………..………..….359

NM33/10    Motion Pursuant to Notice from Cr Matson – Repeal of

Part 3A of the Environmental Planning and Assessment Act…………………361

 

Closed Session

GM21/10    Recovery of Costs by Randwick City Council from Peta Athens and Athens Holdings Pty Limited

This matter is considered to be confidential under Section 10A(2) (e) of the Local Government Act, as it deals with information that would, if disclosed, prejudice the maintenance of law.

 

GM22/10    Randwick City Council Management Plan 2009-13: Confidential Fees and Charges

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

 

GM23/10    Employee Assistance Program - SSROC Tender

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

  

Notice of Rescission Motions

Nil 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council

22 June 2010

 

 

 

Director City Planning Report No. CP43/10

 

 

Subject:                  14-16 Ocean Street, Clovelly

Folder No:                   DA/971/2009

Author:                   David Mooney, Environmental Planning Officer     

 

1.    Introduction:

 

This development application was referred to the Ordinary Council Meeting 25 May 2010, wherein it was resolved:

 

(Notley-Smith/Woodsmith) that this development application be deferred to allow the applicant to submit amended plans lowering the building by 300mm. This is to be achieved by excavating further into the existing ground level.

 

The applicant submitted amended plans 1 June 2010 lowering the building by 300mm by excavating into the site, as required by the Council’s resolution.

 

Recommendation

 

That Council, as the consent authority, grant development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/971/2009 for demolition of the existing structures on each site and construction of a pair of 2-storey semi-detached dwellings with detached garages and boundary fencing at 14-16 Ocean Street, Clovelly subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered DA01, DA02 and DA03, dated 31/05/10 and received by Council on 31/5/2010, 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.       Fences or retaining walls in front of the Ocean Street building line must be no higher than 1.2m. Design details must be shown on the Construction Certificate.

 

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

 

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

 

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

 

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

 

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

 

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

 

Options may include one or more of the following measures:

 

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·           Stormwater management (i.e. rainwater tanks)

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

·           Landscaping provisions

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·          Occupational Health & Safety Act 2000 & Regulations

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

·          WorkCover NSW Guidelines and Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

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

 

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

 

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

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

·          Details of hazardous materials (including asbestos)

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

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works will commence

 

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

 

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

 

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

 

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

 

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The survey documentation must be forwarded to the Principal Certifying Authority and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority.  

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

·      location of site storage areas/sheds/equipment;

·      location of building materials for construction;

·      provisions for public safety;

·      dust control measures;

·      site access location and construction

·      details of methods of disposal of demolition materials;

·      protective measures for tree preservation;

·      provisions for temporary sanitary facilities;

·      location and size of waste containers/bulk bins;

·      details of proposed sediment and erosion control measures;

·      construction noise and vibration management;

·      construction traffic management details.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

●        before 7.00am or after 8.00pm on weekdays.

 

The following conditions are applied to ensure that adequate provisions are made for the management of waste from the development:

 

42.     Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council and details are to be included in the construction certificate documentation.

 

43.     A demolition and construction Waste Management Plan (WMP) must be development and implemented for the development, to the satisfaction of Council, prior to the commencement of works.

 

The Waste Management Plan must provide details of the type and quantities of demolition and construction waste materials, proposed re-use and recycling of materials, methods of disposal and details of recycling outlets and land fill sites.

 

Where practicable waste materials must be re-used or recycled, rather than disposed and further details of Council's requirements including relevant guidelines and pro-forma WMP forms can be obtained from Council's Customer Service Centre or by telephoning Council on 9399 0999.

 

Details and receipts verifying the recycling and disposal of materials must be kept on site at all times and presented to Council officers upon request.

 

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

 

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

 

a)   $2000.00   -      Damage/Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

 

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

 

a)  Construct concrete vehicular crossings opposite the vehicular entrances to the site in Ocean Lane.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

          

       Ocean Lane frontage

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

 

Ocean Street frontage

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Notes:

 

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

 

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

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

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

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

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

 

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

 

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

 

Notes:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Tree Removals

 

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

 

Pruning of Neighbouring Trees

 

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

 

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

 

66.     All pruning must be undertaken by an Arborist who holds a minimum of AQF Level III in Arboriculture, and who is also a registered member of a nationally recognised organisation/association, with all pruning to be performed to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

 

Advisory Conditions

 

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

 

ADVISORY MATTERS:

 

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

 

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

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

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

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Ordinary Council

22 June 2010

 

 

 

Director City Planning Report No. CP44/10

 

 

Subject:                  77-97 Alison Road, Randwick

Folder No:                   DA/880/2009

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

The Director City Planning Report No. CP40/10 submitted to the Council meeting on 25 May 2010 recommended refusal to use part of the royal Randwick Racecourse infield precinct parking area at 77-97 Alison road, Randwick, as a drive-in cinema on Friday, Saturday and Sunday evenings in the months of July to September each year, for the following reasons:

 

1.   The application does not demonstrate that the road system and traffic signals can handle the egress traffic.

 

2.   The proposal fails to provide assessment of the effect of ‘left in only’ and ‘right out only’ controls on High Street intersection from the racecourse car park.

 

3.   The proposed development will adversely affect the amenity of adjoining and surrounding residential properties in terms of increased traffic and associated noise.

 

Council subsequently resolved at the 25 May meeting:

 

(White/Matson) that this application be deferred to the next ordinary meeting of Council to allow the applicant to conduct further traffic studies to address Council’s concerns.

 

The applicant has now addressed the issues raised by Council’s Manager Integrated Transport in relation to the potential traffic impact of the proposed development (i.e. the capacity of egress, capacity of traffic signals and insufficient traffic impact analysis regarding the ‘breakaway routine’).

 

Issues

 

Traffic Management

The applicant has provided an additional report from a suitably qualified traffic consultant to confirm the veracity of the traffic modelling in relation to the “left in” and “right out” only controls on the High Street intersection and the capacity of the road system and traffic signals to handle the egress traffic.

 

The Roads and Traffic Authority have also confirmed that they will adjust the signalisation at Anzac Parade and High Street to assist patrons exiting the site.

 

Council Manager Integrated Transport has now confirmed that the issues in relation to traffic flows has now been resolved subject to a condition being imposed requiring the submission of a Traffic Control Plan detailing what traffic facilities ( traffic cones, signage, barricades, flashing lights etc.) will be used to enforce the Left In/Right Out controls. 

 

The issue that has also been raised by the Manager Integrated Transport in relation to the potential distraction to drivers from the screen is not likely to be a significant concern given the positioning of the screen on the racecourse and its considerable distance from neighbouring roads.

 

As the substantive traffic issues have now been resolved, appropriate conditions for the implementation of a range of measures and management strategies can be applied to ensure that any adverse impact upon local residents is minimised.

 

Further submission from Ritz:

A further submission has been received from the Ritz Cinema raising concerns that the proposal does not meet the aims of the RLEP 1998, in particular Clauses 2(d), 2(j) and 43.

 

Clauses 2(d) & 2(j) read as follows:

 

 

 

It is considered that the proposal is consistent with the above aims as it provides increased opportunities for the community to access the site and participate in a leisure activity in a major recreational facility.

 

The proposal also provides the AJC with an alternative source of revenue that will contribute to the financial stability of the not for profit organisation and assist in ensuring the continued use of the site for racing consistent with its historical significance.

 

Overall the proposal is consistent with the aims of RLEP 1998 as it will enhance the social amenity of the locality.

 

The purpose of Clause 43 of RLEP 1998 is to establish consent requirements for development involving a heritage item or land within a heritage conservation area and does not apply to heritage buildings that are not the subject of a development application. The proposal has been assessed in terms of its impact on the heritage significance of the Racecourse and is acceptable.

 

The objection raised by the Ritz is clearly based on commercial competition and there are a number of Land and Environment Court authorities on this issue to the effect that direct competition upon an individual private trader is not a planning consideration and should not be taken into account. Notwithstanding, the proposed use is recommended to be limited to a 3 month trial period and is therefore unlikely to have any significant impact on the Ritz Cinema.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in recreation an lifestyle opportunities.

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

 


Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development is permissible in the zone. However, the intensity of the proposed use is likely to be greater than the use of the Racecourse on race days as it will operate at later hours and therefore will have the potential to affect the amenity of the neighbouring properties. It is therefore considered appropriate for Council to issue a time limited consent to the proposal period of three (3) months to allow Council to re-evaluate the proposal in terms of any complaints received regarding the approved operations, and compliance with any conditions of development consent.

 

Recommendation

 

That Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/880/2009 to use part of the Royal Randwick Racecourse infield precinct parking area at 77-97 Alison Road, Randwick, as a drive-in cinema on Friday, Saturday and Sunday evenings in the months of July to September each year, subject to the following conditions:

 

1.     The development must be implemented substantially in accordance with the details set out in the application form and accompanying submission received by Council on 30 November 2009 and Traffic Management Plan prepared by Varga Traffic Planning Pty Ltd, dated 4 March 2010 and received by Council on 8 March 2010, and any other supporting information received with the application, except as may be amended by 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:

 

2.     The approval for the use of part of the Infield Precinct parking area of Royal Randwick Racecourse as a drive-in cinema is limited for a period of three (3) months commencing from 1 July 2010 and ceasing on 30 September 2010 to enable Council to monitor and re-evaluate the proposal in terms of any complaints received regarding the approved operations, and compliance with any conditions of consent.

 

3.     The spill of artificial lighting is to be restricted so as not to illuminate areas beyond the perimeter of the site.

 

4.     The proposed drive-in cinema is restricted to the following period and capacity:

 

Date

Friday, Saturday & Sunday

From1 July 2010 to 30 September 2010

Time

Single Session: 6:30pm till 10:30pm

Dual Sessions: 4:00pm till 11:00pm

Capacity

Up to 500 cars

 

 

The following conditions are applied to meet the requirements of the Roads and Traffic Authority of NSW:

 

5.     A ‘breakaway routine’ is to be arranged between the cinema operator and the RTA’s Transport Management Centre (TMC) to minimise the impact on the classified road network of vehicles leaving the cinema all at the same time. Details of the ‘breakaway routine’ are to be submitted to the RTA for review prior to the issue of the Occupation Certificate for the proposed Drive-in Cinema. The ‘breakaway routine’ is to be implemented at the end of each session of the cinema in accordance with the TMC’s requirements.

 

The Manager, Network Operations can be contacted at:

 

Transport Management Centre

35 Garden Street

Everleigh   NSW   2015

Ph: 8396 1510

Fax: 8396 1525

 

6.     All works are to be at no cost to the RTA.

 

7.     A Traffic Control Plan detailing what traffic facilities (traffic cones, signage, barricades, flashing lights etc.) will be used to enforce the Left In / Right Out controls. The plan shall be submitted to Council’s Manger Integrated Transport for approval prior to an Occupation Certificate being issued.

 

Heritage Condition:

 

8.     The shipping container for the storage of the inflatable screen, the site shed containing the projection box, and portable toilets are to be removed from the site for the period of the year during which films are not being screened.  The shipping container, the site shed and portable toilets are not to be permanently stored on the site to ensure that the important historical view is not inappropriately cluttered.  Portable toilets are preferably to be removed from the site on a weekly basis. 

 

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

 

Regulatory

 

9.     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.

 

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

 

11.   Prior to the commencement of any building works (including screen, ticket boxes and projection shed erection), a construction certificate must be obtained from the Council’s Building Certification Services or an Accredited Certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

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

 

i)      appoint a Principal Certifying Authority, and

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

15.   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.

 

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

 

17.   In accordance with clause 98 of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition, that in the case of any residential building work, a contract of insurance must be obtained, prior to the commencement of works, in accordance with the provisions of the Home Building Act 1989. Details of compliance are required to be provided to the Principal Certifying Authority.

 

18.   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.

 

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

 

20.   Provide toilet facilities to comply with Part F2.3 of the BCA to the satisfaction of the certifying authority.

 

Fire safety

 

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

 

1)     Provide portable fire extinguisher/s within proximity to the projection shed and screen to the satisfaction of the certifying authority, in accordance with clause E1.6 of the BCA,

 

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

 

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

 

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

 

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

 

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

 

Structural adequacy

 

23.   A Certificate prepared by a professional engineer, shall be submitted to the  certifying authority and Council prior to the issuing of an occupation certificate, certifying the structural adequacy of the inflatable screen and supports.

 

The following condition is applied to provide adequate provisions for waste management:

 

24.   Prior to the issuing of a construction certificate for the proposed drive-in cinema, a Waste Management Plan detailing the waste and recycling storage and removal strategy for all of the development, is required to be submitted to and approved by Council’s Director of City Planning.

 

The Waste Management plan is required to be prepared in accordance with Council's Waste Management Guidelines and must include the following details (as applicable):

 

·       The use of the premises and the number and size of occupancies.

·       The type and quantity of waste to be generated by the development.

·       Demolition and construction waste, including materials to be re-used or recycled.

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

·       The procedures and arrangements for on-going waste management including collection, storage and removal of waste and recycling of materials.

·       Cleaning arrangements, hygiene, safety and amenity.

 

Further details of Council's requirements and guidelines, including pro-forma Waste Management plan forms can be obtained from Council's Development Engineer on 9399 0924.

 

The following conditions are applied to maintain reasonable levels of environmental amenity and public health safety.

 

25.   The works and use shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

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:

 

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

 

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

 

27.   The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

28.   Council may at anytime during the initial twelve (12) months trial period require the applicant to provide an acoustic compliance report prepared by a suitably qualified and experienced consultant in acoustics at the applicant’s expense. The acoustic report shall be submitted to the Council and shall demonstrate and certify that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997; NSW Environment Protection Authority Industrial Noise Policy Noise Control Manual (sleep disturbance); and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services.

 

29.   A Management Plan in relation to the operation of the proposal shall be submitted to Council prior to the commencement of use. The Management Plan shall include (but not limited to) the following:

 

·       ensure compliance with the relevant conditions of approval,

·       minimise the potential impact of the operation of the premises upon nearby residents,

·       designate staff responsible for supervision in a specific areas of the proposal and their duties in that area,

·       effectively minimise and manage patron behaviour,

·       minimise noise emissions and associated nuisances,

·       effectively manage and respond to resident complaints, and

·       effectively detail how the construction and dismantling of the cinema and associated plant and equipment will be carried out.

 

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

 

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

 

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

 

31.   Separate application for registration must be submitted and approval granted from Council for the operation of any food temporary food business (including premises used for the sale,storage, preparation and distribution of food and drinks).

 

32.   All approved to operate food premises must comply with the Food Safety Standards.

 

ADVISORY MATTERS:

 

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

 

In this regard, the development consent plans do not show compliance with the deemed-to-satisfy provisions of the BCA, in particular in relation to Part F2.3 or Part H103. Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

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

 

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

 

A3.   The applicant/owner is requested to give consideration to providing access and facilities for people with disabilities in accordance with Australian Standard 1428 Parts 1, 2, 3 and 4 - Design for Access and Mobility, which may be necessary to satisfy the objectives of the Disability Discrimination Act 1992.

 

Attachment/s:

 

1.View

REPORT 77-97 Alison Road, Randwick

 

 

 

 


REPORT 77-97 Alison Road, Randwick

Attachment 1

 

 

 

Director City Planning Report No. CP40/10

 

 

Subject:                  77-97 Alison Road, Randwick

Folder No:                   DA/880/2009

Author:                   Frank Ko, Executive Planner     

 

Proposal:                     Use part of the Royal Randwick Racecourse infield precinct parking area as a drive-in cinema on Friday, Saturday and Sunday evenings in the months of July to September each year with the viewing capacity of up to 500 vehicles.

Ward:                      West Ward

Applicant:                Racecourse Drive-In Cinema Pty Ltd

Owner:                         Australian Jockey Club (AJC)

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

This application has been referred to Council at the request of Councillors Seng, Matthews and Procopiadis.

 

The application seeks consent to use a section of the infield parking area, to the north-west of the internal access road in the centre of the racecourse, as a drive-in cinema on Friday, Saturday and Sunday evenings in the months of July to September each year.

 

There will be one session each on Friday and Sunday nights and two sessions on Saturday nights, except on race day when there will be no session on Saturday night and the two sessions will be moved to Sunday nights. The gates will open approximately 40 minutes before the movie commence.

 

The use will involve the installation of an inflatable screen and a projection box together with the viewing capacity of up to 500 cars.

 

The movie sound will be broadcast through each vehicle’s FM car radio (or portable FM receiver). No external speakers, pedestals or cabling are required. 

 

The proposal will utilise existing toilet facilities within the existing pedestrian tunnel shade structure, together with additional portable toilets. Mobile food and beverage vans and mobile ticket check points are also proposed.

 

No outdoor chairs, tables, barbeques and alcohol consumption will be permitted.

 

Vehicular access is proposed via High Street gates with no pedestrian access proposed. 

 

The proposed development has been notified and advertised in accordance with Council’s Development Control Plan for Public Notification of Development Proposals and Council Plans. A total of 8 submissions were received (i.e. 7 x objections and 1 x letter of support) raising issues relating to the permissibility of the proposed use, insufficient information, impact on the viability of other cinemas located within established retail centres; potential noise impact and non-compliance with the relevant provisions of Council’s LEP and DCP.

 

Council has obtained separate advice from a Senior Counsel on the matters regarding the permissibility of the proposed development under the provisions of the Randwick Local Environmental Plan 1998.

 

In summary, the advice concluded that the proposed use is for a recreation facility and is permissible with development consent within Zone No. 6A.

 

Additional information (i.e. screening times, movie lists, location of storage areas, traffic management plan, waste management plan and policy to mitigate anti-social behaviour) have been submitted by the applicant to address Council and objectors’ concerns.

 

The application was referred externally to both the NSW Police Service (Eastern Beaches) and the RTA. The RTA advise that a Traffic Management Plan detailing crowd management elements, vehicle routes, number and type of vehicles, house of operation, access arrangements and traffic control is to be submitted to Council’s Local Traffic Committee for review.

 

Council’s Manager of Integrated Transport has reviewed the subject application including the traffic management plan and raised several concerns regarding the potential traffic impact of the proposed development (i.e. the capacity of egress, capacity of traffic signals, visibility of screen from High Street causing potential distraction/enticement and insufficient traffic impact analysis regarding the ‘breakaway routine’).

 

Considering that these issues are critical for Council to determine the impact of the proposed development on the classified road network and have not been fully addressed to the satisfaction of the Manager of Integrated Transport, it is therefore considered appropriate that the subject application should be refused.   

 

2.    The Proposal

 

The application proposes to use a section of the infield parking area, to the north-west of the access road in the centre of the racecourse, as a drive-in cinema.

 

The cinema is to operate annually between the months of July and September, generally on Friday, Saturday and Sunday evenings, but coordinated to avoid conflict with other racecourse events.

 

There will be one session each on Friday and Sunday nights and two sessions on Saturday nights, except on race day when there will be no session on Saturday night and the two sessions will be moved to Sunday nights. The gates will open approximately 40 minutes before the movie commence.

 

The proposal will require approximately 15 staff to manage and operate each session. Some sharing of duties with AJC staffing is anticipated. Staff required includes:

1 x Manager

2 x Projectionists

6 x Traffic control and car parking attendants

3 x security officers

3 x cleaners

 

The proposal involves the installation of an inflatable screen with dimensions of 16m wide x 10m high (packed into a 6m shipping container when not in use) and a projection box with dimensions of 2.5m x 2.5m (in a relocatable site shed), together with the viewing capacity of up to 500 cars.

 

The movie sound will be broadcast through each vehicle’s FM radio (or portable FM receiver). No external speakers, pedestals or cabling will be required. 

 

The proposal will utilise existing toilet facilities within the existing pedestrian tunnel shade structure, together with additional portable toilets. Mobile food and beverage vans and mobile ticket check points are also proposed.

 

No outdoor chairs, tables, barbeques and alcohol consumption will be permitted.

 

Vehicular access is proposed via High Street gates with no pedestrian access proposed. 

 

3.    The Subject Site and Surrounding Area

 

The subject site is located at the northern end of the infield carpark near the entry shade structure. The racecourse is bounded by Alison Road, Wansey Road, High Street and the rear of predominately residential properties fronting Doncaster Avenue. The Racecourse is surrounded by residential areas containing the broad spectrum of housing types. The main University of NSW campus and Centennial Park are also in close proximity to the site. Figure 1 is a map of the subject site and key precincts.

 

Subject site

 

Figure 1 is a map of the subject site and key precincts

 

4.    History

 

4.1    Site History

A large number of Development Applications concerning the various parts of the Racecourse have been submitted and approved in the last decade. The following previous music events are noted:

 

·          Development Application No. 771/2000 for a major Olympic promotional activity (Coca Cola Redfest) for maximum of 30,500 people including installation of temporary works on 15 September 2000 from 3pm to 11pm was approved under delegated authority on 11 September 2000.

·          Development Application No. 904/2005 for a music festival with approximately 10,000 people was approved under delegated authority on 2 February 2006 subject to conditions.

·          Development Application No. 74/2007 for a music festival with approximately 15,000 people was approved under delegated authority on 14 March 2007 subject to conditions.

·          Development Application No. 987/2007 for a music festival with approximately 35,000 people was approved under delegated authority on 5 March 2008 subject to conditions.

·          Development Application No. 694/2008 for a music festival with approximately 35,000 people was approved under by the Land and Environment Court on 25 February 2009 subject to conditions.

·          Development Application No. 873/2009 for a music festival with approximately 38,000 people was approved at the Planning Committee meeting on 9 February 2010.

 

4.2      Application History

The subject application was lodged on 30 November 2009 and notified to the owners of the surrounding properties in accordance with the DCP for public notification. A total of eight submissions (i.e. 7 x objections and 1 x letter of support) were received and the main issues raised were the permissibility of the proposed use; the impact on the viability of other cinemas located within established retail centres; insufficient information; potential noise impact and non-compliance with the relevant provisions of Council’s LEP and DCP.

 

Council has obtained legal advice from a Senior Counsel on whether the proposed development is permissible within Zone No. 6A.

 

In summary, the advice from the Senior Counsel concluded that the proposed development is considered to be development for the purposes of ‘recreation facilities’ and is therefore permissible with development consent within Zone No. 6A.

 

Additional information (i.e. screening times, movie lists, location of storage areas, traffic management plan, waste management plan and policy to mitigate anti-social behaviour) have been submitted by the applicant and form the basis of the assessment in this report. 

 

5.    Community Consultation

 

The proposal has been notified in accordance with the Development Control Plan for Public Notification of Development Proposals and Council Plans and a total of eight submissions were received (i.e. 7 x objections and 1 x letter of support) raising the following issues (many of the issues raised are shared between the individual objections and will be grouped below to avoid repetition):

 

5.1 Objections

Objections to the proposed development have been received from the following parties:

 

·      Randwick Precinct Committee

·      3/42-44 Doncaster Avenue, Kensington

·      The Spot Business Association Inc

·      Moody & Doyle Pty Ltd on behalf of Ritz Cinema Randwick

·      Colin Brady Architecture + Planning on behalf of Ritz Cinema Randwick

·      The Hoyts Corporation Pty Ltd

·      BBC Consulting Planners on behalf of Colonial First State

 

 

 

The key issues raised by the above parties are summarised as follows:

 

Issue

Comment

Concern about the noise generated from packing and cleaning after the event.

It is not considered that the noise associated with packing and cleaning of the subject site after the movie sessions would adversely affect the amenity of the adjoining and nearby residential development. The applicant advised that low noise fans in sound and dust proof boxes will be used to inflate the screen, the ticket booths are collapsible and can be folded away by two staff and the projection box will remain in position during the screening season only. Notwithstanding the above, should the application be approved, appropriate conditions should be included to ensure compliance with the relevant provisions of the Protection of the Environment Operations Act 1997 and Regulations and a time limited condition (i.e. 12 months) should also be included to allow Council to monitor and re-evaluate the proposal in terms of any complaints received regarding the approved operation and compliance with any conditions of development consent.  

 

The proposed screen should face south/west only.

The proposed screen is facing south-western direction.

 

The proposed development should only operate during non-daylight saving period, and on Friday, Saturday and Sunday nights from 5pm.

The proposed drive-in cinema is to operate between the months of July and September, on Friday, Saturday and Sunday evenings. The movie will commence from 7:30pm for single session and 5:00pm for dual sessions.  

 

Vehicle egress onto High Street should be in a westerly direction only after 9:30pm to reduce the impact of traffic movements through surrounding residential streets.

Council’s Manager of Integrated Transport raised concerns regarding the capacity of traffic lights and egress onto High Street at the end of each session and advise that the analysis provided in the traffic management plan are inadequate to demonstrate how the road system and traffic signals can handle the egress traffic. As a result, the application is recommended to be refused. 

 

During the nights of operation, a signage should be provided at the intersection of Alison Road and Anzac Parade facing north advising the patrons to access the site/carpark from High Street, via Anzac Parade.

As noted previously, the traffic management plan fails to provide adequate information to address the potential impact of the proposed development and as a result, the application is recommended for refusal.

 

Adverse economic impact on The Spot business community and unfair competition with the Ritz cinema.

Economic competition between individual trade competitors is not a valid environmental or planning consideration under Section 79C of the Environmental Planning and Assessment Act 1979 (as amended).

 

The proposed development is prohibited within the 6(a) zone.

The proposed development falls within the category of a recreation facility and is permissible subject to Council’s consent. See Section 8.1 of this report for full discussion. 

 

Inadequate information provided to address the relevant matters contained within the Environmental Planning and Assessment Regulation 2000 and the impact of the development pursuant to the heads of consideration under Section 79C of the Environmental Planning and Assessment Act 1979. 

 

The applicant has provided additional information (i.e. traffic management plan, waste management plan, anti-social behaviour policy, structural details, BCA assessment) to address Council and objectors’ concerns.

The heritage significance of the Randwick Ritz includes the ongoing operation as a cinema will be adversely affected by the proposed development.

It is acknowledged that the ongoing use of the historic Randwick Ritz building as a cinema is an important part of its significance and the reduction or loss of this use may potentially affect its heritage value. However, contrary to the claim made by the objector’s heritage consultant that the proposal would adversely affect the viability of the Ritz cinema, such a claim would be difficult to sustain without any valid evidence and remains a matter of speculation. Further, it would be unreasonable for Council to refuse the subject proposal on such a basis. 

 

It should be also noted that while the proposed drive-in cinema and the Ritz both offers similar entertainment (i.e. movies) for our community, the ambience and movie experience of the drive-in cinema is different to an indoor cinema. Further, the application is for an irregular activity whose nature and frequency differs significantly from that of the Ritz cinema (which is a regular and permanent entertainment venue) which would have little, if any, impact upon the operation and patronage of the Ritz cinema.

The proposed development is a regular non-racing recreation and entertainment event and totally car oriented, which do not comply with the relevant provisions of the Royal Randwick Racecourse Development Control Plan.

It should be noted that the primary use of the site is for a racing, training and spectator entertainment facility. Any uses for those purposes are therefore the “regular” uses of the site.  The proposed drive-in cinema use will take place on approximately 12 weekends per year from July to September on Friday, Saturday and Sunday evenings with up to 4 screenings per week. By comparison and taken in the context of the primary and regular uses of the site, the proposed drive-in cinema use could not be considered as a regular use.

 

In terms of the inconsistency with the objective of the DCP to promote non-private vehicular trip to the site, it is considered that the overall impact on the surrounding and adjacent streets would be minimal as the overall vehicular trips generated by the proposed drive-in cinema use (i.e. up to 500 cars) would be less than the vehicular trips generated by a race day event (i.e. up to 3000 cars). Notwithstanding, the applicant has provided a Traffic Management Plan which outlines the traffic and parking arrangements to be implemented during the operation.   

 

The proposed development cannot be considered or approved as a temporary use given its ongoing operation, nor could it be approved as an interim use pending the future development of the infield precinct of the racecourse.

The subject application does not seek Council’s approval for temporary or interim use of land under Clauses 41 and 41A of the Randwick Local Environmental Plan 1998. However, if the application was assessed under the current LEP (i.e. Randwick Local Environmental Plan (Consolidation) 1998), the proposal could be considered as a temporary use of the land provided the temporary use is for a maximum period of 52 days in any period of 12 months and would therefore be permissible with consent pursuant to Clause 41 of the current LEP.

The proposal will essentially compete with other cinemas located within established retail centres and affect the viability of the cinema and other business that rely upon the draw of people to these cinemas.

See comments above. 

 

5.2      Support

A letter of support to the proposed development has been received during the notification period. The main reason for supporting the proposed development is that it will introduce low cost family entertainment in the locality.

6.    Technical Officers Comments

 

The application has been referred to the relevant technical officers, including where necessary, external bodies. Whilst comments have been received from internal and external bodies, generally recommending appropriate conditions for the proposed development should approval be granted, comment from Council’s Integrated Transport indicates that the issues relating to the traffic management and the potential impact on the traffic and road network in the local area have not been addressed to the satisfaction of the Manager of Integrated Transport. In view of the Manager of Integrated Transport’s concerns, the application is recommended for refusal.

 

7.    Master Planning Requirements

 

The site is subject to a Development Control Plan that guides the future development of the site and as such the Masterplan provision of RLEP has been satisfied.

 

8.    Relevant Environmental Planning Instruments

 

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

 

8.1    Randwick Local Environmental Plan 1998 (RLEP)

The site is zoned 6A Open Space under Randwick Local Environmental Plan 1998. The proposed development falls within the category of a recreation facility and is permissible with development consent. The Royal Randwick Racecourse is listed as a heritage conservation area and contains a heritage item (i.e. members’ stand).

 

The following Clauses of the RLEP apply to the proposal:-

 

Clause 18 – Zone 6A (Open Space Zone)

The objectives of Zone 6A are:

 

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

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

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

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

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

 

The proposed development is considered to be consistent with the relevant objectives of the zone. The proposed drive-in cinema will provide diversity and opportunities for greater access and enjoyment of the site by the broader community while recognising the primary use of the site for horse racing.

 

In terms of the permissibility of the proposed use, the only categories of permissible development potentially available in relation to the subject application as specified in the list of development that is permissible with/without development consent on land within Zone No. 6A are “recreation” and “recreation facilities”.

 

The term ‘recreation’ and ‘recreation facility’ are defined in Clause 49 of the RLEP as follows:

 

recreation means the use of an area or place for:

 

(a)  a children’s playground, or

(b)  recreational or leisure activities which promote the physical, cultural or intellectual welfare of persons within the community,

      but (in Part 2) does not include any land use elsewhere defined in this clause.

 

recreation facility means a building or a work used for a sporting, exercise or leisure activity, and includes golf courses, racecourses, showgrounds, bowling greens, tennis courts and the like, including any ancillary club building, but (in Part 2) does not include a building or work elsewhere defined in this clause.

 

As noted previously, Council has obtained separate advice from a Senior Counsel on the matters regarding the permissibility of the proposed development under the provisions of the RLEP. In summary, the advice concluded that the proposed use is for a recreation facility and is therefore permissible with development consent pursuant to the RLEP. Notwithstanding the permissibility of the use within the subject zone, if the application was assessed under the current LEP (i.e. Randwick Local Environment Plan (Consolidation) 1998), the proposal could be considered as a temporary use of the land provided the temporary use is for a maximum period of 52 days in any period of 12 months and would therefore be permissible with consent pursuant to Clause 41 of the current LEP.

 

Clause 38 – Development in Open Space Zones

Clause 38 of the RLEP states that when determining an application for consent to carry out development on land within Zone No. 6A or 6B, the Council must consider:

 

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

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

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

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

 

As noted above, the proposed use of part of the racecourse as a drive-in cinema will provide greater opportunity for the enjoyment of the site by the boarder community. For this reason, it is considered that the proposal is consistent with the relevant provisions of Clause 38.

 

Clause 40A - Master Plans

Clause 40A of the RLEP states as follows:

 

(1)      Despite any other provisions of this plan, consent may be granted to a development application made in respect of a site area consisting of more than 4,000 square metres of land only if:

 

(a)      a master plan for the development of that land has been adopted in accordance with this clause, and

(b)      the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan.

 

The proposed development will be smaller in scale than the major carnival raceday or music festival events and is therefore considered to be relatively minor and should not result in any significant adverse impact on the amenity of the nearby development subject to a range of conditions to implement noise control measures and management plan for the general operation of the proposal. Furthermore, the subject site has an applicable DCP adopted on 8 May 2007 to which the proposal is consistent as discussed in Section 8.1 below. On this basis, it is considered appropriate to waive the requirement for a Masterplan for the site in respect of the subject proposal.

Clause 43 - Protection of heritage items, heritage conservation areas and relics

Clause 43 requires Council to consider the impact of proposals on, amongst other things, the heritage significance of the heritage conservation area in which a proposal is located. The proposed drive-in cinema will be held in the Royal Randwick Racecourse which is a heritage conservation area.  The proposal will not involve any demolition, defacing, damage, removal or alteration to the heritage conservation area or the heritage item. Council’s heritage planner has assessed the proposed development and advises that the proposal will not impact on the heritage significance of the racecourse site. Accordingly, the proposal satisfies the provisions of Clause 43.

 

8.1 Policy Controls

 

a)   Development Control Plan – Royal Randwick Racecourse

The Development Control Plan for Royal Randwick Racecourse essentially aims to provide the following planning and design objectives and performance criteria which will optimise:

 

§  Royal Randwick Racecourse as a thoroughbred racing, training and spectator facility of highest quality,

§  Royal Randwick Racecourse as an economic and tourism destination,

§  the physical, recreational and environmental quality of the Racecourse, particularly the site’s capacity and the spectator experience while respecting its heritage significance and landscape character,

§  the role of the Racecourse within its metropolitan and Randwick City context and its compatibility with adjoining lands; and

§  the Racecourse’s role as an open space recreation facility.

 

Whilst the DCP primarily controls the general pattern of land uses across the site, long term design of buildings, heritage conservation, traffic and transport systems, and landscape works for the Randwick Racecourse, the proposed development will be consistent with relevant objectives and performance criteria of the DCP. In particular, the proposed development will:

 

§  maintain the general pattern of land uses across the site as indicated in Map 2 of the DCP in so far as these relate to irregular non-racing recreation and entertainment events;

§  provides opportunities for new recreation uses across the site that are not incompatible with thoroughbred racing and stabling;

§  demonstrate that the amenity of adjacent land uses is to be maintained through the appropriate location and management of facilities and patrons; and

§  establish sound traffic/transport management strategies for non-racing recreation and entertainment events.

 

8.2 Council Policies

 

a)      Section 94A Development Contributions Plan

The Section 94A Development Contributions levy does not apply to the subject application as the estimated cost of development is $5,200.

 

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    Security and anti-social behaviour

The risk of intoxication, anti-social, indecent and disorderly behaviour associated with the proposed development would be minimal as the majority of the patronage would be family orientated and there are appropriate policies and measures proposed to mitigate the potential risks (i.e. anti-social behaviour policy and alcohol free policy). There will be three security officers for crowd control, six staff for traffic control and a manager throughout the duration of each session to control the expected maximum capacity of 500 cars. It should be also noted that the Police have indicated that the proposed development is a low risk event due to its alcohol free policy and limited car capacity.  

 

9.2    Noise

The noise impact associated with the proposed development is considered to be reasonable as the movie soundtrack will be broacast through each vehicle’s FM car radio (or portable FM receiver) and there are no external speakers proposed. The noise that may potentially affect the amenity of the adjoining/nearby residential development are from vehicles entering/leaving the subject site and packing/cleaning after the sessions. However, it should be noted that the nearest residential properties are located along Doncaster Avenue, which are at least 200m away from the subject site. 

 

It is considered that the noise impact on the local area will likely to be less than that of a normal calendar race day and music event, with the exception that the proposal will extend until midnight when two sessions are proposed, which may have some noise impact on the amenity of nearby residents. Notwithstanding, should the application be approved, appropriate measures should be included to ensure the noise associated with the proposed use is maintained at a reasonable level and a time limited consent be issued to allow Council to monitor and re-evaluate the operation of the proposed development and compliance with the conditions of development consent.

 

9.3    Traffic

Council’s Manager of Integrated Transport has reviewed the subject application including the traffic management plan and raised several concerns regarding the potential traffic impact of the proposed development (i.e. the capacity of egress, capacity of traffic signals, visibility of screen from High Street causing potential distraction/enticement and insufficient traffic impact analysis regarding the ‘breakaway routine’).

 

9.4    Waste Management

The proposal will adopt the waste management practices applicable for all race days and events at the Royal Randwick Racecourse. The waste management practices will ensure waste minimisation and recycling. Should the application be approved, appropriate waste management conditions should be imposed to ensure an adequate provision for waste management is provided.

 

9.5    Social and Economic Impact

The proposed drive-in cinema is unlikely to result in any adverse social effects in the locality. The proposal will provide alternative, safe and family oriented use of the open space and allow grater opportunity for the enjoyment of the site by the boarder community. The utilisation of the car park area of the racecourse would also contribute positively to the sustainable economic future of the racecourse and it would create a small number of additional employment opportunities in the locality.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6:       A liveable City.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development is permissible in the zone. Whilst the intensity of the proposed use is likely to be greater than the use of the Racecourse on race days as it will operate at later hours, appropriate conditions for the implementation of a range of measures and management strategies can be applied to ensure that any adverse impact upon local residents is minimised. Notwithstanding this, due to the concerns raised by Manager of Integrated Transport regarding the potential traffic impact on the local road network, the application is recommended for refusal.

 

Recommendation

 

That Council, as the consent authority, refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application No. DA/880/2009 to use part of the Royal Randwick Racecourse infield precinct parking area at 77-97 Alison Road, Randwick, as a drive-in cinema on Friday, Saturday and Sunday evenings in the months of July to September each year, for the following reasons:

 

1.       The application does not demonstrate that the road system and traffic signals can handle the egress traffic.

 

2.       The proposal fails to provide assessment of the effect of ‘left in only’ and ‘right out only’ controls on High Street intersection from the racecourse car park.

 

3.       The proposed development will adversely affect the amenity of adjoining and surrounding residential properties in terms of increased traffic and associated noise.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

22 June 2010

 

 

 

Director City Planning Report No. CP45/10

 

 

Subject:                  227 Avoca Street, Randwick

Folder No:                   DA/161/2010

Author:                   David Mooney, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to existing health consulting rooms

 

Ward:                      East Ward

 

Applicant:                Randwick Plastic Surgery

 

Owner:                         Sean Nicklin

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

This development application is referred to Council because there are SEPP 1 objections to floor space ratio and landscaped area that exceed 10%.

 

The proposal is for alterations and additions to the rear of the existing health consulting room for a new reception, staff room, consult room and treatment room.

 

The site is on the eastern side of Avoca Street between Cuthill Street and Soudan Street, Randwick. It is 229m2 with rear land access to Soudan Lane. The existing building is a Victorian Italianate terrace house and it is within ‘The Spot’ Heritage Conservation Area, but it is not a heritage item.

 

The proposal satisfies the relevant zone and heritage requirements of the Randwick LEP 1998, DCP Parking and DCP No 22 ‘The Spot’ and Surrounds Coogee Precinct.

 

There were no submissions from the public.

 

Approval, subjection to conditions, is recommended.

 

2.    The Proposal

 

The proposal is for alterations and additions to the rear of the existing ‘health consulting room’. The proposal involves alterations and demolition of the existing single story addition and construction of a new 2 storey addition. There would be a new reception area, staff room, consult room and treatment room. A new sign is proposed at the front of the premises.

 

3.    The Subject Site and Surrounding Area

 

The site is on the Eastern Side of Avoca St between Cuthill Street and Soudan Street, Randwick. It is rectangular with 6.325m frontage to Alison Rd, 36.195m depth and 229m2. The site is approximately level and the prevailing topography has a gentle southerly aspect. There is rear lane access off Soudan Ln. The land is zoned 2B Residential. The existing building is a Victorian Italianate terrace house and it is within ‘The Spot’ Heritage Conservation Area, but it is not a heritage item. There are heritage items to the north-west and east, but there is no direct physical relationship between the proposal and these buildings.

 

Figure 1 – An aerial photograph of the site

4.    Site History

 

The existing premises was approved for use as a health consulting room (a defined use in the Local Environmental Plan) in 1987. The premises had been a dwelling prior to that. Council’s database records the following application history:

 

·      DA/376/1987, To use existing dwelling house for consulting room, ancillary waiting room & residence

·      BA/576/1983, Internal alts

·      BA/992/1980, Paling fence

·      BA/488/1978, Alterations

 

5.    State Environmental Planning Policy No 1

 

The proposal has landscaped area of 21.4%, which is less than the minimum landscaped area specified in Clause 20E Randwick LEP 1998 of 50%.The proposal has floor space ratio of 0.79:1, which exceeds the maximum floor space ratio specified in Clause 20F Randwick LEP 1998 of 0.65:1.

 

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

 

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

 

The stated purpose of the standards as outlined in the LEP is:

Landscaped Area: To operate together with controls for floor space ratio and building height to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area.

Floor Space Ratio: To operate together with controls for building height and landscaped area to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area.

 

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

Applicant’s SEPP 1 Objection for floor space ratio

 

Applicant’s SEPP 1 objection to landscaped area

 

 

Assessing Officer’s Assessment

The development standards for landscaped area and floor space ratio do not relate well to the prevailing urban character in the immediate area. This is a natural result of the antiquity of the streetscape. To the north there is a 4 storey apartment building that is typical of the style that was common in the 1960s and 1970s. The subject building is from the Victorian era and buildings to the south appear to be from the Art Deco era. An analysis of the floor and landscaped area characteristics of buildings in the immediate area would reveal a wide variety including some that comply and many that do not.

 

The proposed addition is minor; adding 7m2 to the footprint of the existing building and 35m2 to the overall floor area. Proposed height and side-setbacks continue the existing lines of the building. The additions would barely be visible from Avoca St and have negligible impact on the character of Soudan Ln and the environmental amenity of neighbouring buildings.

 

The proposal does not conflict with the purpose of the floor space ratio and landscaped area standards and the SEPP 1 Objection is well founded.

 

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

 

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

 

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

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

 

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

 

Matter 3: The Court must be satisfied that a consideration of the matters in clause 8(a) and (b) of SEPP 1 justifies the upholding of the SEPP 1 objection. The matters in clause 8(a) and (b) are:

 

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

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

 

Assessing Officer: The proposed development and variation from the development standards do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not allow the best economic use of the site and the delivery of a suitably scaled in-fill development in an established neighbourhood.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

Table - Establishing compliance is unreasonable or necessary

Method

Assessment

First

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

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

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

 

Second

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

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

 

Third

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

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

 

Fourth

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

Assessing Officer: The floor space ratio standard has not been abandoned or discarded by any decision or actions of Council.

 

Fifth

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

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

 

6.    Community Consultation

 

The proposal was advertised in the local press, the site sign-posted and the neighbours notified in writing in accordance with Council policy. There were no submissions.

 

7.    Technical Officers Comments

 

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

 

Council’s consulting heritage advisor

The subject site is a narrow allotment located on the eastern side of Avoca Street on the western edge of The Spot Heritage Conservation Area. On it is sited a two storey freestanding rendered masonry Victorian Italianate terrace house probably built in the 1880s or 1890s which has been converted into medical consulting rooms. The front of the building is relatively intact and in good condition and presents well to Avoca Street as an Italianate terrace, but is missing some cast iron components such as the upper floor column and the verandah friezes on both levels. Despite this it makes a strong contribution to the heritage significance of the HCA. The site runs through to Soudan Lane which provides it with rear and vehicle access. There is a visually significant eucalypt tree in each the front and rear garden.

 

The building faces the historic sandstone buildings of the Randwick Hospitals Complex on the western side of Avoca Street. On its northern side it is flanked by a three storey orange texture brick residential flat building with ground floor garages probably dating from the 1960s, which is not a particularly sympathetic neighbour. On its southern side it is flanked by a two storey Inter War residential flat complex known as ‘Rostrevor’, which is more sympathetic in height, scale and character with it.

 

Proposal

Alterations and additions to the rear wings of the existing building to enlarge and improve it for its present use and improve its amenity.

 

New sign behind the existing front fence.

 

No changes to the main part of the existing Victorian terrace house are proposed.

 

Submission

The DA is accompanied by an SEE prepared by the designers of the project, Nick Bell D&A, which also incorporates a Heritage Impact Statement. The SEE indicates that the proposal does not comply with development standards in the Randwick LEP including minimum landscaped area and FSR, and SEPP 1 objections have been lodged in respect of these two controls. The SEE indicates that the proposal complies with relevant development standards in The Spot DCP. 

 

The HIS incorporates a concise original statement of significance for the building and its contribution to the HCA, and is one of the few I have seen which notes that the building is significant because of its contribution to the HCA. It assesses the impact of the heritage proposal, noting that the proposed works are located wholly to the rear of the property, will not be visible from Avoca Street, and will have a neutral heritage impact on the surrounding streetscape. The HIS correctly notes that Soudan Lane is of limited heritage significance, and that the proposed alterations to the rear of the existing building, although contemporary in character, will be sympathetic in scale and proportions with surrounding rear frontages to the lane and will have little impact on it.

 

Assessment

Clause 43(4) of the Randwick LEP 1998 (Consolidation) requires the Council to consider the effect of the proposed development on the heritage significance of the HCA. Subclauses (a) to (c) list some matters of detail which should be considered.

 

Development guidelines for the Residential Zone are set out in section 4 of The Spot DCP. These contain the following objectives:

 

a.  To conserve and enhance the existing residential streetscapes by ensuring any development respects the existing low scale residential character and complements architectural features of adjoining buildings, where appropriate.

b.  To preserve significant landscape features within the area.

c.  To seek to remove or screen detractive elements so that their impact on the historic character is minimised.

 

In this case the proposed development is confined to the rear of the site where it will not be visible from Avoca Street and will not form part of the streetscape which gives the area its historic character. Visibility of the alterations to the rear wings will be limited from Soudan Lane, which is in any case of limited heritage significance. The proposed development will not, therefore, have an appreciable adverse impact on the heritage streetscapes of the area. I note again that the DA does not propose alterations to the main part of the Victorian terrace building, and will not affect the two trees in the front and back gardens noted above. In my view the colours and finishes proposed for the rear alterations and the sign proposed for the front of the site are acceptable from a heritage viewpoint.

 

Assuming that the planning issues outlined above are acceptable, from a heritage viewpoint I believe that the DA proposal is acceptable and will not adversely affect the heritage significance of the HCA. In my opinion the proposal is consistent with the aims, objectives and provisions of the LEP and the DCP.

 

Building Services Officer

The Proposal

Alterations and/or additions to the existing 2 storey mixed residential/commercial building and change the use to entirely commercial (Medical practice).

 

BCA Building Classification

Class        -      5      (Commercial/Medical practice)

 

Description of the Building

In summary, the building incorporates:

§ A ‘rise in storeys’ of 2

§ Masonry walls, tiled roof and timber floors

§ One exit stairway, of timber construction

§ One commercial tenancy

§ External balcony

§ Side boundary building setbacks of up to nil

 

Background

The existing building on site is a 2 storey commercial building bounded by residential development.

 

Building Code of Australia (BCA):

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

 

Access for people with a disability:

The existing building does not satisfy the current BCA requirements and Disability Discrimination Act (D) objectives, in relation to access and facilities for people with a disability.

 

It is acknowledged that full compliance with the BCA may be difficult, impractical and or onerous to achieve, however, it is considered that the building could be upgraded to provide reasonable levels of access and facilities for people with a disability.

 

In this regard, access for people with a disability should be provided to the ground floor shops and sanitary facilities for people with a disability should also be provided to the development to a reasonable level.

 

Standard conditions could be included to address these requirements.

 

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

 

Site Management:

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

 

8.    Relevant Environmental Planning Instruments

 

Randwick Local Environmental Plan 1998

The site is zoned 2B residential under Randwick Local Environmental Plan 1998 and the proposal is permissible with consent. The following Clauses of the LEP 1998 apply:

 

Clause 11 Zone Objectives

The proposal is compatible with the character of the area. The proposal is consistent with the relevant 2B Residential Zone objectives.

 

The objectives of Zone No 2B are:

(a)  to provide for a low to medium density residential environment, and

(b)  to maintain the desirable attributes of established residential areas, and

(c)  to protect the amenity of existing residents, and

(d)  to allow for a range of community uses to be provided to serve the needs of residents, workers and visitors

 

Part 2b Principle Development Standards

Development standards for landscaped area, floor space ratio and building height apply. The table below shows a compliance check. Non-compliance with landscaped area and floor space ratio are addressed in the SEPP 1 section of this report and are acceptable.

 

Part 2b Principle Development Standards

Standard

Assessment

Landscaped Area: Minimum 50%

21.4% Does not comply.

Floor Space Ratio: Maximum 0.65:1

0.79:1 Does not comply.

Building Heights: Maximum 10m/12m

6.5m/6.5m

 

Clause 43 Heritage Conservation

The proposal was accompanied by a Heritage Impact Statement, which is reviewed in the Technical Officer section of this report.

 

Section 94A Development Contributions

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

 

Category

Cost

Levy

S94A Levy

Development cost more than $200000

$271,700.00

1.0%

$2,717.00

 

Development Control Plan – The Spot and Surrounds

The site is in the north-west of the land application area for this DCP. Its primary objective is to protect and enhance the historical values of the commercial centre and the surrounding residential precinct.

 

Clause 4 Residential Zone

Requirement

Assessment

Height: Maximum height 9.5m and 2 levels

Complies.

Setbacks: Buildings should not be oriented across sites contrary to established patterns.

No change to the existing address to Avoca Street. Satisfactory.

Setbacks: must not have a significant adverse impact on the existing streetscape.

Setbacks for the additions are continue the existing building lines and are satisfactory.

Advertising structures: Council to have regard for the impact of an advertising structure on the streetscape and/or an item of environmental heritage

The proposed sign is small and discreet and does not distract from the qualities of the streetscape or the street façade of the building. The advertising structure has no impact on nearby heritage items.

Car Parking: to be provided behind the main building alignment, preferably with access from the rear lane.

Parking is provided at the back of the building with access of the rear laneway. Satisfactory.

Renovation: New development including alterations and additions should complement the existing development by matching building materials, scale and proportions. When viewed from the street, development should be compatible with the scale and character of buildings in the vicinity. Extensions should be sited to the rear of setback as much as possible from the street.

The additions are at the rear. Building form, colours and materials are addressed by Council’s consulting heritage advisor in the Technical Officer section of this report.

Roof Forms: should harmonise with those of adjoining buildings in pitch, style and colours.

Building and roof form are addressed by Council’s consulting heritage advisor in the Technical Officer section of this report.

Front and side fences: Front fences should be designed to match the building and less than 1200mm. Side fences should be less than 1800mm.

No new fences are proposed.

Balconies/Verandahs and Upper Storeys: Retain or reinstate early verandah and balcony forms on historic buildings.

The proposal retains the front Victorian era front-verandah.

 

Development Control Plan - Parking

Health consulting rooms require 2 parking spaces for each consulting room. The proposal adds a second consulting room, which require in total 4 spaces. There is space sufficient for 4 spaces on the pavement in the back yard. Two of the spaces would be ‘stacked’ and this is acceptable because the use would generate a very low-turnover. There is a condition in the recommendation that requires the pavement in the back-yard to be marked with 4 parking spaces.

 


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.

 

Hours of operation

The original approval specified hours of operation from 9am to 6pm Monday to Friday. There is no proposal to amend these hours, and a condition is required to ensure they apply to the new floor area.

 

Overshadowing

The shadow diagrams accompanying the development application show a minor increase in the overshadowing to the northern elevation of the southern building. The real impact is even less. The northern elevation of the southern building would already be overshadowed by the 4 storey apartment building on the northern side of the subject site, and by the mature gum tree on the subject site. The minor increase in technical overshadowing is acceptable.

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Refer to ‘EPI” section of this report.

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

Not applicable

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

Refer to the “DCP” section of this report.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

The environmental impacts of the proposed development on the natural and built environment, which are otherwise not addressed in this report, are discussed in the paragraphs below.

 

The proposed development is consistent with the dominant residential character in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality.

 

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

The site is located in close proximity to local services and public transport. The site has sufficient area to accommodate the proposed land use and associated structures. Therefore, the site is considered suitable for the proposed development.

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

There were no submissions.

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

The proposal promotes the objectives of the zone and will not result in any significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered to be in the public interest.

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

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

Key action:        Encourage and reward design excellence and sustainability.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal is for alterations and additions to the rear of the existing health consulting room for a new reception, staff room, consult room and treatment room.

 

The site is on the eastern side of Avoca Street between Cuthill Street and Soudan Street, Randwick. It is 229m2 with rear land access to Soudan Lane. The existing building is a Victorian Italianate terrace house and it is within ‘The Spot’ Heritage Conservation Area, but it is not a heritage item.

 

The proposal satisfies the relevant zone and heritage requirements of the Randwick LEP 1998, DCP Parking and DCP No 22 ‘The Spot’ and Surrounds Coogee Precinct.

 

There were no submissions from the public.

 

Approval subjection to conditions is recommended.

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20E and 20F of Randwick Local Environmental Plan 1998, relating to landscaped area and floor space ratio, on the grounds that the proposed development complies with the objectives of the 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 Section 80 and 80A of the Environmental Planning and Assessment Act 1979 to Development Application No. DA/161/2010 for alterations and additions to existing health consulting rooms at 227 Avoca Street, Randwick subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered DA100, DA101, DA102, DA200, DA201, Revision B, dated 28 April 2010 and received by Council 30 April 2010, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.       Hours of operation are restricted to 9.00 a.m. to 6.00 p.m., Monday to Friday.

 

3.       Four car-parking spaces having minimum dimensions of 2.5m x 5.5m must be marked out on the pavement in the rear yard. Two of the parking spaces will need to be ‘stacked-spaces’.

 

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

 

4.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $271,700.00           the following applicable monetary levy must be paid to Council: $2,717.00

 

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

 

Regulatory

 

5.       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.

 

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

 

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

 

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

 

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

 

i)      appoint a Principal Certifying Authority, and

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

13.     In accordance with clause 98 of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition, that in the case of any residential building work, a contract of insurance must be obtained, prior to the commencement of works, in accordance with the provisions of the Home Building Act 1989. Details of compliance are required to be provided to the Principal Certifying Authority.

 

14.     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.

 

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

 

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

 

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

 

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

Fire safety

 

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

 

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

 

1)     Provide portable fire extinguisher/s within the, building, in accordance with clause E1.6 of the BCA,

 

2)     Provide a non-combustible enclosure (i.e. a metal cabinet) with seals to prevent the passage of smoke to electricity meters and switchboard located in corridors, exits and within stairways etc,

 

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

 

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

 

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

 

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

 

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

 

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

 

Structural adequacy

 

18.     A Certificate prepared by a professional engineer, shall be submitted to the Council prior to the issuing of a construction certificate, certifying the structural adequacy of the existing structure to support the proposed works.

 

Building & demolition works

 

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

 

·           Occupational Health and Safety Act 2000

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·           WorkCover NSW Code of Practice and Guidelines

·           Australian Standard 2601 (2001) – Demolition of Structures

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

Access & Facilities

 

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

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

In this regard, the development consent plans do not show compliance with the deemed-to-satisfy provisions of the BCA, particularly in relation to fire rating requirements. Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

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

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Ordinary Council

22 June 2010

 

 

 

Director City Planning Report No. CP46/10

 

 

Subject:                  38 Cliffbrook Parade, Clovelly

Folder No:                   DA/862/2009

Author:                   Frank Ko, Executive Planner     

 

Proposal:                     Construction of a new part two/part three storey dwelling house with a detached double garage and an in-ground swimming pool

 

Ward:                      North Ward

 

Applicant:                Rolf Ockert Design

 

Owner:                         Mr M Lubotzky & Mrs J D Lubotzky

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

This development application is referred to Council at the request of Councillors Woodsmith, Smith & Tracey and the estimated cost of development is $2,325,466.

 

The proposal involves construction of a new part two/part three storey dwelling house with a detached double garage and an in-ground swimming pool.

 

The subject site is located on the north-western corner of Cliffbrook Parade and Lowe Street overlooking Gordons Bay. The site has a moderate slope of some 10.46m from northwest to southwest.  The site has a total site area of 592sqm and is currently occupied by a part one/part two storey brick dwelling and detached garage to the rear.

 

The application has been the subject of several letters of objection with the primary concern being view loss.

 

The proposal has been amended by reducing the height of the building to comply with the maximum external wall height limit (i.e. 7m) and the setback of the upper level has been increased by up to 2m from Cliffbrook Parade boundary and 1.5m from Lowe Street boundary.

 

The amended plans submitted on 18 May 2010 were not re-notified because the amendments reduced the size and impact of the proposed development.

 

Height poles were erected for the amended proposal and affected properties were inspected in relation to view loss. It is considered that the proposal is consistent with the principles of view sharing and the extent of view loss is not significant enough to warrant refusal of the application.

 

The revised proposal satisfies the relevant objectives and performance requirements of the Development Control Plan for Dwelling Houses and Attached Dual Occupancies and is consistent with the aims and objectives of the Randwick Local Environmental Plan 1998.

 

The application is recommended for approval subject to conditions.

 

2.    The Proposal

 

The proposal involves construction of a new part two/part three storey dwelling house with a detached double garage and an in-ground swimming pool at the rear of the site.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the north-western corner of Cliffbrook Parade and Lowe Street overlooking Gordons Bay. The site has a moderate slope of some 10.46m from northwest to southwest.  The site has a total site area of 592sqm and is currently occupied by a part one/part two storey brick dwelling and detached garage to the rear.

 

 

Detached garage to rear at northern boundary            Front of dwelling from Cliffbrook Parade/Gordons Bay     

 

The surrounding streetscape is comprised of a mixture of densities and architectural styles though typically within Lowe St there are two and three storey multi unit developments.

 

Looking north to Lowe St from Cliffbrook Parade         Eastern side of Lowe Street

 

Western side of Lowe Street                               Gordons Bay looking south-west of subject site

 

The site is located within the Scenic Foreshore Protection Area being positioned on Cliffbrook Parade which wraps around the foreshore of Gordons Bay. Typically dwellings within this section of Clovelly around the Bay are three to four storeys due to the steepness of sites as they descend towards the water.

 

4.    Site History

 

A development application (DA/447/2004) for the demolition of the existing dwelling and erection of a new attached dual occupancy and associated garage was approved at the Health, Building and Planning Committee meeting of 14 December 2004.

5.    Application History

 

The proposal was revised by submission of amended plans received by Council on 18 May 2010 in the following manner:

 

Level Changes:

§  Highest roof level has been lowered by 1,000mm from RL 22.45 to RL 21.45.

§  Lowest roof level has been lowered by up to 750mm from RL21.1 on north and RL 20.55 on south to RL 20.35.

§  Master bedroom level has been lowered by 400mm from RL 17.97 to RL 17.52.

§  Northern bedroom level has been increased by 220mm from RL 17.1 to RL 17.32.

·      Main living level (entry level) has been lowered by 600mm from RL 14.77 to RL 14.17.

·      Lower level has been lowered by 600mm from RL 11.7 to RL 11.1

 

Setbacks:

·      Master bedroom southern setback from level below increased to 2,000mm.

·      Master bedroom eastern setback from boundary increased from 1,079mm to 1,500mm.

 

Layout:

·      Internal reconfiguration including relocation of the Bedrooms 2 and 3 with associated bathroom, rumpus and study to the northern upper level.

·      Former TV room on northern entry level changes to open patio area.

·      Guest room, studio and study located on lower level.

 

As a result of the above amendments, the floor space ratio of the revised proposal has been reduced from 0.77:1 to 0.72:1 (i.e. 22sqm).

 

6.    Community Consultation

 

The proposal has been notified in accordance with Council’s policy. The amended plans submitted on 18 May 2010 were not re-notified because the amendments reduced the size and impact of the proposed development. The following submissions were received:

 

§ Unit 2, 3 Lowe Street, Clovelly

§ Unit 4, 3 Lowe Street, Clovelly

§ Unit 6, 3 Lowe Street, Clovelly

§ 6 Lowe Street, Clovelly

§ 8 Lowe Street, Clovelly

§ 10 Lowe Street, Clovelly

§ 12 Lowe Street, Clovelly

 

The key issues are as follows:

 

§  Concern for view loss

View loss is discussed in detail under Section 9 of this report. It is considered that there is some view loss associated with the proposal for adjoining properties however on balance it is not significant enough as to warrant refusal of the application.

 

§  The bulk and scale of the proposed dwelling are excessive

The proposed built form has incorporated design features such as staggering wall planes and window openings, which will appropriately articulate the building facades and create visual interest. The design scheme adopts a low profile sloping roof, which will minimise the overall building height and allow greater sharing of views. Despite non-compliance with the maximum floor space ratio control, the proposed design measures will minimise the visual bulk of the building. Overall, the proposal will present as a two storey dwelling house to Lowe Street and is consistent with the built form, height and scale of the existing detached residences in the area.

 

§ Loss of value of property due to proposal

Property values are influenced by many factors, of which planning matters constitute only a small number.  Given that the proposal will contribute to the urban fabric, with minimal impacts and achieves the objective of Council’s planning instruments, it is likely that the proposal will have a positive impact on the value of properties in the area.

 

7.    Technical Officers Comments

 

The application has been referred to Council’s Development Engineer and the following comments have been provided:-

 

Landscape Comments

The site survey shows that the 6 metre tall Lagunaria patersonii (Norfolk Island Hibiscus), is growing just beyond the northeast corner of the site, hard up against the existing garage, which despite being a native coastal tree, is deemed to be an undesirable species as after flowering, its seed pods release fine ‘fibreglass like’ hairs, which are highly irritable to both humans and animals.

 

This is seen as justification for its removal, irrespective of this application, and given its restricted growing environment both above and below ground, as well as the fact it will be heavily damaged during both demolition and construction, the only option available is removal on the grounds of its future safety and stability, with the relevant consent included in this report.

 

The inclusion of screen planting or appropriately sized feature trees within the rear yard has been recommended in order to reduce overlooking into this primary area of private open space from the adjoining 2-3 storey dwelling immediately to the west, 36 Cliffbrook Avenue, with the Coprosma repens (Looking Glass Plant), in the front yard, close to the southern edge of the existing dwelling, needing to be removed as it is recognised as an environmental weed that invades areas of native bushland, with the Metrosideros excelsa (NZ Xmas Tree/Pohutukawa) to its south, towards the southwest corner of the site, also needing to be removed as it is already dead.

 

While enjoying uninterrupted water views, the front portion of this site is almost completely unusable due to a combination of rock outcrops and its steep slope down to the south, approximately 5 metres (from 11.70 to 6.35), with an informal arrangement of unappealing timber stairs and handrails currently facilitating access in this area.

 

An important issue needing to be considered as part of any proposed development in this area is the presence of the coastal walk and environmentally sensitive and protected Gordons Bay Reserve, which directly adjoins the front boundary of this site, with Part 3, Clause 29 of Council’s LEP (1998), requiring that Council consider the aesthetic appearance of a proposed building at this location.

 

The plans note that these rock outcrops will be retained as existing site features, which is supported by Council as they may offer a habitat source for native fauna, and would also minimise the amount of bulk excavations and earthworks, as well as assist with softening the impact or visual dominance of this larger building on the public domain/coastal walk.

 

Any planting here needs to be provided within raised or retained ‘pockets’ of soil, using existing site sandstone wherever possible, and given its frontline location and drainage/runoff issues, a predominance of those native species that can tolerate both the harsh salt laden winds, as well as moist, boggy soil conditions will need to be selected, and must be arranged so as to complement the architectural style of the proposed dwelling and floristic of Gordons Bay Reserve, and must not be those which have the potential to escape cultivation (either vegetatively or by seed).

 

In recognition of the issues discussed above, a professional landscape designer should be consulted to come up with a plan that would see landscaping form an integral part of the overall improvements being proposed for the site.

 

Drainage Comments

There are drainage issues at the end of Lowe Street as sediment and rubbish laden stormwater spills over the cliff at the end of Lowe Street and is causing erosion of the cliff face and also downstream of the cliff face over the coastal walk.

 

To eliminate the contribution to this problem from the subject site stormwater runoff shall be piped to a sediment/silt arrestor pit located within the site that drains directly to Gordon’s Bay reserve via a suitable headwall outlet.

 

SEPP71 Comments

In addition to the above drainage comments it is noted that the site is subject to the requirements of SEPP 71-Coastal Protection. SEPP 71 states that “the consent authority must not grant consent to a development application to carry out development on land subject to SEPP 71 if the consent authority is of the opinion that the development will, or is likely to, discharge untreated stormwater into the sea, a beach, or an estuary, a coastal lake, a coastal creek or other similar body of water, or onto a rock platform”.

 

Council is therefore obliged to ensure stormwater runoff from the property is effectively managed and appropriate conditions have been attached to this report.

 

Parking Comments

The application meets the requirements of Council’s DCP-Parking and Australian Standard 2890.1:2004.

 

8.    Relevant Environmental Planning Instruments

 

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

 

8.1 Randwick Local Environmental Plan 1998 (LEP)

The site is zoned 2(a) Residential 'A' under Randwick Local Environmental Plan 1998 and the proposed dwelling house is permissible with Council’s consent.

 

The objectives of the 2(a) zone are as follows:

 

(a)  to provide a low density residential environment, and

(b)  to maintain the desirable attributes of established residential areas, and

(c)  to protect the amenity of existing residents, and

(d)  to allow for a range of community uses to be provided to serve the needs of residents, workers and visitors, and

(e)  to encourage housing affordability, and

(f)  to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality.

 

The proposal is consistent with the relevant objectives of the zone in that the proposed dwelling house will maintain the residential character of the area. The proposed built form is consistent with other multi-level dwelling houses on sloping sites that are orientated to Gordons Bay. The proposal will not result in any unreasonable adverse impacts on the amenity of adjoining/nearby properties and the environment of the locality (refer to discussion below under Section 9).

 

The following Clauses of the LEP 1998 applies to the proposal:

 

Clause 29 – Foreshore Scenic Protection Area

The subject site is contained in a Foreshore Scenic Protection area. Council is required to consider the probable aesthetic appearance of the proposed development in relation to the foreshore.

 

The proposal has been considered in regard to protecting the visual qualities of the foreshore area. The aesthetic appearance of the development has been considered and the elevation plans & the montage of the proposal indicate that the development will not detract from the character and aesthetic quality of the foreshore area. Accordingly, the proposal complies with the provisions of Clause 29. 

 

Clause 40 Excavation and filling of land

Clause 40 of the RLEP contains provisions for undertaking of excavation and filling of land. The proposal will require earthworks to be undertaken to construct the lower floor level and the proposed in-ground swimming pool. These works will not result in any significant impact on the topography of the site, is unlikely to interrupt the drainage patterns of the site or result in soil instability and will not adversely impact upon the scenic quality of the site and locality. Accordingly, the proposal is acceptable in relation to the provisions of Clause 40.

 

8.2 Randwick Local Environmental Plan 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 23 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.

 

8.3 State Environmental Planning Policy No. 71 – Coastal Protection (SEPP 71)

The subject site adjoins the foreshore at Gordons Bay and is contained within a coastal zone and therefore SEPP 71 is relevant to the proposal. The Council is required to consider the aims of the policy and other environmental criteria when considering a development application in the Coastal zone. The aims of the policy seek to minimise the impact of development on the coastal zones and ensure their ongoing protection. The matters contained in Clause 8 are as follows:

 

(a)    the aims of this Policy set out in clause 2,

(b)    existing public access to and along the coastal foreshore for pedestrians or persons with a disability should be retained and, where possible, public access to and along the coastal foreshore for pedestrians or persons with a disability should be improved,

(c)    opportunities to provide new public access to and along the coastal foreshore for pedestrians or persons with a disability,

(d)    the suitability of development given its type, location and design and its relationship with the surrounding area,

(e)    any detrimental impact that development may have on the amenity of the coastal foreshore, including any significant overshadowing of the coastal foreshore and any significant loss of views from a public place to the coastal foreshore,

(f)    the scenic qualities of the New South Wales coast, and means to protect and improve these qualities,

(g)    measures to conserve animals (within the meaning of the Threatened Species Conservation Act 1995) and plants (within the meaning of that Act), and their habitats,

(h)    measures to conserve fish (within the meaning of Part 7A of the Fisheries Management Act 1994) and marine vegetation (within the meaning of that Part), and their habitats

(i)     existing wildlife corridors and the impact of development on these corridors,

(j)    the likely impact of coastal processes and coastal hazards on development and any likely impacts of development on coastal processes and coastal hazards,

(k)    measures to reduce the potential for conflict between land-based and water-based coastal activities,

(l)     measures to protect the cultural places, values, customs, beliefs and traditional knowledge of Aboriginals,

(m)   likely impacts of development on the water quality of coastal waterbodies,

(n)    the conservation and preservation of items of heritage, archaeological or historic significance,

(o)    only in cases in which a council prepares a draft local environmental plan that applies to land to which this Policy applies, the means to encourage compact towns and cities,

(p)    only in cases in which a development application in relation to proposed development is determined:

(i)     the cumulative impacts of the proposed development on the environment, and

(ii)    measures to ensure that water and energy usage by the proposed development is efficient.

The proposal is considered generally consistent with the relevant aims of the policy given it will not affect the existing public access along the Gordons Bay foreshore or result in unreasonable overshadowing to the coastal foreshore or a significant loss of views from a public place.

 

The amended proposal is considered to be an appropriate design, bulk, scale and size considering the topographical features of the subject allotment and the bulk/scale of the surrounding buildings.

 

The proposal is considered generally acceptable with respect to the matters for consideration under SEPP 71.

 

The requirements under the NSW Coastal Policy are also similar to those contained in SEPP 71. The proposal is therefore considered to be consistent with NSW Coastal Policy. 

 

8.4 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 revised 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.

 

8.5 State Environmental Planning Policy No. 55 (SEPP 55)

Clause 7(1) (a) of the SEPP 55 requires Council to consider whether the land is contaminated. Notwithstanding that site investigations have not been carried out, the current and previous use of the site and surrounding sites for residential uses would substantially reduce the possibility of contamination.

 

It is considered reasonable to assume that the site would not be contaminated, or in need of remediation pursuant to SEPP 55 and that the site is suitable for continued residential use.

 

8.6 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

Control

Proposed

Compliance

(Yes/No)

Landscaping

40 % of site provided as landscaped area

47%

Yes

25m² of private open space provided.

Approximately 110m2

Yes

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

Approximately 7.5m x 13m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

26%

Yes

Floor area

(Site area 592.1m2)

0.505:1 or 299sqm

0.72:1 or 432sqm (including the area below the natural ground level)

No – See discussion in Section 9 of this report.

Height, Form & Materials

External wall height maximum 7m

As noted previously, the height of the proposed dwelling has been reduced by up to 1,000mm. As a result, the height of the external wall of the amended proposal varies from 4.8m to 7m (refer to East and West Elevations).

Yes

External wall height to the rear maximum 3.5m.

The height of the proposed garage is approximately 3m.

Yes

Cut or fill maximum 1m.

Up to 3.2m at the lower ground floor level (see Long Section)

No – See discussion in Section 9 of this report.

No excavation within 900 mm of a side boundary.

The proposed lower ground floor level of the dwelling is setback 900mm from the western side boundary and 1,450mm from the eastern side boundary. However, the proposed in-ground pool will be built up to the western side boundary.

Partly complies. Appropriate conditions have been included in the recommendation of this report should the application be approved to ensure the excavation works are to be carried out in accordance with Council requirements and relevant standards.

No excavation within 4m of a rear boundary.

The proposed in-ground pool is setback 6,709mm from the rear boundary.

Yes

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

Not applicable as the southern boundary of the site faces the ocean and the proposed dwelling is setback more than 1.5m from the boundary.

N/A

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

N/A

N/A

Buildings are designed to allow a sharing of views.

The proposed development will affect the views of the adjoining and nearby properties. An assessment of the reasonableness of the proposal, in terms of view loss, using the planning principle established by the Land and Environment Court in Tenacity Consulting Pty Ltd vs Warringah Council is provided in Section 9 of this report.

Yes. Refer to Section 9 of this report.

Building setbacks

Front setback average of adjoining dwellings or 6m

As noted previously, the revised proposal includes an additional setback of 2,000mm from the Cliffbrook Parade boundary and is generally conforms with the setback of adjoining development and the dominant setback along this section of Cliffbrook Parade.

Yes

Rear boundary setback at least 4.5m

The proposed dwelling is setback 15,284mm from the rear boundary. However, the proposed garage will be built on the rear boundary.

Partly complies. The proposed garage is located in a similar location as the existing garage and will be screened by the existing retaining walls/fence on northern and western boundaries and therefore should not result in any additional impact.

Side setbacks be 900mm at ground level.

The setback of the proposed dwelling varies from 900mm 2,529mm.

No – See discussion in Section 9 of this report.

Side setbacks be 1.5m at second floor level.

Side setbacks be 3.0m at third floor level.

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 it faces Gordon Bay and overlooks front yards and not private open spaces.

Yes

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.

The front door of dwelling is visible from Lowe Street.

Yes

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

The proposal provides windows and balconies to habitable rooms that overlook the street.

Yes

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

Not shown on the plan.

Appropriate condition for street numbering is included in the recommendation of this report. 

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.

7,486mm x 6,709mm

Yes

Driveway minimum width of 3m and side setback 1m

Same as existing.

N/A

Driveway maximum width of 3m at the boundary.

Same as existing.

N/A

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.

N/A

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

Approximately 13%

Yes

Fences

Sandstone fences and walls are retained/recycled.

No sandstone

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

Up to 1,800mm on all boundaries.

Yes

Foreshore Development

 

No encroachments on Foreshore Building Line.

N/A

N/A

Stepped buildings on sloping sites are articulated.

 

 

Form, colour, materials and finishes are sympathetic.

 

 

Buildings incorporate setbacks to allow sharing of views.

 

 

Ancillary structures do not detract from appearance.

 

 

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See revised BASIX received by Council on 18 May 2010.

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

 

8.7 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

$2,325,466

1.0%

$23,254.66

 

 

 

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

 

9.1.1   Natural Environmental Impacts

The subject site contains an existing dwelling house in a developed suburban context. As such, the subject site contains no endangered flora or fauna that will be affected by the proposed development. Accordingly, the proposal will be acceptable in terms of natural environmental impacts which will be minimal, if not, nonexistent.

 

9.1.2   Built Environmental Impacts

 

Floor Space Ratio

The Objectives and Performance Requirements of the DCP are that developments are not excessive in bulk or scale; are compatible with the existing character of the locality; and minimise adverse effects of bulk on neighbours and the street.

 

A summary of the non-compliance is provided below:

 

Site Area:                                                       592.1m²

Maximum allowable FSR:                                    0.505:1 or 299.17m²

Proposed FSR                                                  0.72:1 or 432m²

Area exceeding maximum allowable FSR: 0.14:1 or 132.83m²

 

The break down of the proposed floor areas is as follows:

 

 

GFA (m²)

Terrace/Balcony (m²)

Void (m²)

Lower Ground Floor Level (below existing ground level)

116

0

0

Ground/Garage Floor Level

168 (excluding 40m² of garage and pool plant room)

14.3

11.37

First Floor Level

148

2.73

19.58

Sub Total

432

17.03

30.95

Subtract

40m² of decks/terraces more than 1m above ground level and void up to 10% of total floor area

 

The total area of the balcony/deck/terrace more than 1m above ground level is less than 40m²

432 x 10% = 43.2 (the proposed void area is within the 10% limit)

Total GFA

432

NB. The above calculations have been made based on the definition of “gross floor area” contained in the Development Control Plan for Dwelling Houses and Attached Dual Occupancies.

 

As indicated above, the proposal represents 132.83sqm of excess floor area, which does not comply with the preferred maximum floor area for the subject site. However, it should be noted that the total GFA includes an area of 116sqm at the lower floor level which is entirely below the existing ground levels and does not create any adverse impact on the amenity of the adjoining properties in terms of access to natural light, daylight and fresh air or add to the visual bulk as viewed from neighbouring properties and the public domain (i.e. Lowe Street and Cliffbrook Parade walkway). If the area at the lower ground floor level is excluded from the total GFA calculation, the proposal would result in a breach of maximum FSR by 0.029:1 which equates to 16.83sqm of floor area.

 

Despite non-compliance with the maximum floor space ratio control, the proposed design measures will minimise the visual bulk of the structure. The proposed built form has incorporated staggering wall planes and window openings, which will appropriately articulate the building facades and create visual interest. The design scheme adopts a low profile sloping roof, which will minimise the overall building height and allow greater sharing of views. Overall, the proposal will present as a two storey dwelling house to Lowe Street and is consistent with the built form, height and scale of the existing detached residences in the area. For these reasons, the proposal is considered to be acceptable and the relevant objective and performance requirement in relation to floor area have been achieved.

 

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 existing ground level 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

Setback to eastern boundary

310mm to 2,529mm

1,500mm to 2,529mm

n/a

Setback to western boundary

900mm to 3,515mm

900mm to 1,500mm

n/a

 

There is a small section of the eastern wall (i.e. 2.7m) that is setback a minimum of 310mm from the eastern side boundary at ground/entry floor level. This wall is in the southern side of the site and does not affect solar access to any nearby north facing windows. Further, a portion of this wall will be blocked by the proposed fence along Lowe Street boundary and the remaining wall is setback up to 2,529mm from the boundary with appropriate modulation to further minimise the visual bulk and create visual interest. The setback from a section of western wall at upper level is considered acceptable as it will not result in any unreasonable amenity impact. It is considered that the variation in this case is acceptable and strict compliance with the side setback requirements would not result in any significant improvement to the amenity of the adjoining dwellings and the character of the streetscape. 

 

Excavations

There are excavations up to 3.2m for the proposal. The excavations are within the footprint of the dwelling (except for the in-ground pool) and will require shoring and retaining. There are conditions in the recommendation that require a dilapidation report on adjoining dwellings if necessary.

 

View Sharing

In terms of view loss, objections have been raised from nearby residents (i.e. Nos. 3 and 6 to 12 Lowe Street) citing loss of views to south and south-west of objectors’ properties.

 

The applicant was requested to erect height poles on the subject site to allow a better understanding of the view related impacts from the nearby dwellings.

 

It should be noted that the RLs of the height poles have been verified by a registered surveyor engaged by the applicant. 

 

The following photos show the views currently available from the objectors’ properties.

 

a) Views from Unit 2, 3 Lowe Street

Approximate outline of the proposed dwelling

 

Photo 1: View from the living room window of Unit 2, 3 Lowe Street looking south over the subject site

 

b) Views from No. 6 Lowe Street

Approximate outline of the proposed dwelling

 

Photo 2: View from the front first floor balcony of No. 6 Lowe Street looking southwest over the subject site

 

 

 


c) Views from No. 8 Lowe Street

 

Approximate outline of the proposed dwelling

 

Photo 3: View from the front first floor balcony of No. 8 Lowe Street looking southwest over the subject site

 

d) Views from No. 10 Lowe Street

 

Approximate outline of the proposed dwelling

 

Photo 4: View from the front first floor balcony of No. 10 Lowe Street looking southwest over the subject site

 

 

 

 

 

 

 

 

e) Views from No. 12 Lowe Street

 

Approximate outline of the proposed dwelling

 

Photo 5: View from the front first floor balcony of No. 12 Lowe Street looking southwest over the subject site

 

The DCP contains the following Performance Requirements relating to view sharing:

 

§ Performance Requirement P6 under Part 4.3 Height, Form and Materials of the DCP requires that “buildings are designed to allow a sharing of views”.

 

§ Performance Requirement P2 under Part 4.4 Building Setbacks of the DCP requires that “building forms and setbacks allow neighbours adequate access to natural light and a share of views and preserve established trees and vegetation and be generally consistent with the setback of adjoining properties.”

 

§ Performance Requirement P4 under Part 4.9 Foreshore Development of the DCP requires that “buildings incorporate sufficient setbacks to allow planting and a fair sharing of views.”

 

The concept of ‘view sharing’ was further defined in the Land and Environment Court by Senior Commissioner Roseth in Tenacity v Warringah Council (2004) proceedings. The Senior Commissioner’s discussion of the notion of view sharing is provided below as background:

 

“The notion of view sharing is invoked when a property enjoys existing views and a proposed development would share that view by taking some of it away for its own enjoyment. (Taking it all away cannot be called view sharing, although it may, in some circumstances, be quite reasonable.) To decide whether or not view sharing is reasonable, I have adopted a four-step assessment.”

 

The planning principle established by the Land and Environment Court in Tenacity v Warringah Council proceeding is used to make an assessment of the reasonableness of the proposal, in terms of view-loss. The following paragraphs provide an assessment of the proposal in accordance with the four (4) step process established in the proceedings.

 

(1)    “The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (e.g. 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, e.g. a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

 

As shown in the photos 1 to 5 above, the views from the objectors’ properties can be summarised as follows:

 

§ View of the land and water interface (i.e. Gordons Bay headland) partially block by the existing dwelling on the subject site and the adjoining building at No. 36 Cliffbrook Parade.

§ View of a portion of Dunningham Park partially block by the existing building at No. 36 Cliffbrook Parade.

§ Distant view of Coogee Surf Life Saving Club.

§ Distant district view of Coogee and South Coogee

§ View of the ocean partially block by the existing buildings along northern side of Cliffbrook Parade.  

 

(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.

 

Whilst the views from the properties at Nos. 6, 8, 10 & 12 Lowe Street are available from the front first floor balcony, these views can only be obtained in an oblique direction over the subject site. The views from the units in No. 3 Lowe Street are available from the windows/balconies across the side boundary over the subject site. All views can be enjoyed from a standing or sitting position. 

 

(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.

 

As shown in Photos 2 to 5 above, the views to Gordons Bay headland, top of Dunningham Park reserve and Coogee Surf Life Club will be affected. However, the majority of the water and distant district views will be retained. It is therefore considered that the extent of view loss from the affected properties (i.e. Nos. 6, 8, 10 & 12 Lowe Street) would be moderate.

 

The impact for dwellings within the residential flat building at No. 3 Lowe Street would be negligible. The proposal will only block a small portion of water view. The view to the Wedding Cake Island and the distant district/headland will be fully retained.  

 

(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.

 

Whilst it is acknowledged that the proposal will result in moderate view loss to the affected properties. It should be noted that the proposal has been amended by reducing the height of the building by up to 1m to comply with the maximum wall height limit and the setbacks at the first floor level from Cliffbrook Parade and Lowe Street boundaries have also been increased by up to 2m and 1.5m, respectively, to allow greater sharing of views. In addition, the proposal incorporates a low profile sloping roof which minimise the overall building height, allows greater sharing of views and is less obtrusive than a conventional pitched roof. 

 

Having regard to the above assessment, it is considered that the amended proposal is more skilfully designed than the original scheme or a compliant development with a conventional pitched roof, such that the view-related impacts of the proposal are acceptable.

 

9.5    Site Suitability

 

The proposal involving the construction of a new dwelling house is suitable for the site particularly in view of its residential zoning and surrounding residential context.

 

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

 

For the most part, the amended proposal complies with the relevant assessment criteria and the objectives, performance requirements and preferred solutions of the DCP for Dwelling Houses and Attached Dual Occupancies. Where compliance with the preferred solutions has not been achieved, the proposal is considered to be acceptable.

 

In terms of view loss, the amended proposal has been assessed using the planning principle established by the Land and Environment Court in Tenacity Consulting Pty Ltd vs Warringah Council (2004) proceedings and was found to be acceptable in regards to the four step assessment set out by Senior Commissioner Roseth.

 

Having regard to all relevant matters for consideration, the amended proposal will not result in any significant adverse impacts upon either the amenity of the adjoining/nearby properties or the character of the locality including the foreshore scenic area.

For the above reasons, the amended proposal is recommended for approval subject to conditions.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 862/2009 for the construction of a part two/part three storey dwelling house with a detached double garage and an in-ground swimming pool at No. 38 Cliffbrook Parade, Clovelly subject to the following conditions:

 

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

 

1.     The development must be implemented substantially in accordance with the plans numbered 01 to 10, Revision d4, dated 17 May 2010 and received by Council on 18 May 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.     Any gate openings shall be constructed so that the gates, when hung, will be fitted in such a manner that they will not open over the footway or public place.

 

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

 

Options may include one or more of the following measures:

 

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

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

 

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

 

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

 

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

 

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

 

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

 

11.   In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $2,325,466, the following applicable monetary levy must be paid to Council: $23,254.66          

       

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.

 

 

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

 

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

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

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

d)     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents; and

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

 

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

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

 

43.   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.

 

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.

 

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:

 

45.   The plant and equipment associated with the water feature 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.

 

46.   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.

 

47.   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:

 

48.   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.

 

49.   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:

 

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

 

a)   $3000.00   -      Damage/Civil Works Security Deposit

 

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

 

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

 

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

 

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

 

The 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.

 

51.   Prior to the issuing of a construction certificate the applicant will be required to submit a full dilapidation survey including a photographic record to Council, which documents the existing condition of the public areas including footpath, steps, handrail etc located to the north of the property in Pepper Lane and also to the south of the property within Gordon’s Bay reserve (coastal walk). The report will also include  details of any works proposed in this area of the subject site such as excavations, changes to existing levels, construction methods, etc

NOTE:

Council's Development Engineer must provide written confirmation that this information is satisfactory, prior to the PCA issuing a Construction Certificate, with works in this area of the site to be performed in accordance with Council's requirements so as to avoid disturbance to these public areas.

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

 

52.   The applicant must meet the full cost for Council or a Council approved contractor to:

 

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

 

b)     Re/construct concrete footpath along the Lowe St site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

c)     Reconstruct the concrete kerb and gutter along the Lowe St site frontage including any associated roadworks.

 

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

 

54.   All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council’s Policy for “Vehicular Access and Road and Drainage Works” and the following requirements:

 

a)     All work on Council land must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

 

b)     Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to issuing an occupation certificate, together with payment of the relevant fees.

 

c)     If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

 

d)     The civil works must be completed in accordance with Council’s conditions of consent and approved design and construction documentation, prior to occupation of the development, or as otherwise approved by Council in writing.

 

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

 

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

 

 

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

 

57.   The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $1320 calculated at $44.00 (inclusive of GST) per metre of site frontage to Lowe St. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

61.   Generally all site stormwater shall be piped to a sediment/silt arrester pit that then drains under the coastal walk to discharge to Gordon’s Bay Reserve via a suitable outlet.

 

The location and details of the proposed internal stormwater pipelines, silt arrestor pit and outlet 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 point of discharge (e.g headwall) in Gordon’s Bay Reserve shall be a minimum of 6m from the property alignment of Cliffbrook Parade and is to be approved by Council’s Development Engineer and Bushland Supervisor prior to a construction certificate being issued for this development.

 

c.     The overflow pipe from the rainwater tank shall be directed to the sediment arrestor pit.

 

d.     Backwash and splash water from the proposed pool shall be directed to the site’s sewerage system. No discharge to the stormwater system shall be allowed. Plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

e.     The applicant shall make every effort to minimise any interruption to pedestrian access along Cliffbrook Parade (coastal walk) as a result of the required drainage works.

 

62.   Prior to an occupation certificate being issued for this development Council’s Development Engineer and Bushland Supervisor shall be notified to arrange inspection of the completed drainage works and discharge point to Gordon’s Bay Reserve. The completed works and any required remedial action must be to the satisfaction of Council.

 

NOTE: Please contact Council’s Development Engineer Jason Rider on 9399-0881 and Bushland Supervisor Bettina Digby on 9399-0686 at the appropriate time.

 

The following conditions are applied to provide protection to Council’s Gordons Bay Reserve:

 

63.   No foreign matter, including, but not limited to: litter, cement wash, concrete, fill, soils, mulch, building materials, chemicals, petroleum-based products, paint, etc., shall be disposed of in, or placed in, or where they may enter, Gordons Bay Reserve. In all instances where such substances have been disposed of in, have been placed in, or have entered, the reserve, all affected areas shall be immediately repaired to the satisfaction of Council’s Natural Resources Coordinator.

 

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

 

64.   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 commencement of any site works (with a copy of the approved plan to be forwarded to Council prior to the commencement of site works if Council is not the PCA) and must detail the following:

 

a)     The location and extent of the existing rock outcrops within the front setback, including levels, and the fact they will be retained in situ (as has been shown on the current plans), as well as detailing how they will be incorporated into the overall landscape works through a combination of sections, plans and similar; 

 

b)     The access stairs must be in a style and material which is similar to the high quality treatment proposed for the dwelling, as the current arrangement presents a poor appearance to the adjoining public domain;

 

c)     In order to reduce the visual dominance of this dwelling on the adjoining public domain, the creation of gardens or ‘plantable’ areas shall be maximised throughout the front portion of the site, with the existing rock outcrops and site sandstone to be used as a feature for this purpose wherever possible;

 

d)     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 such as rock walls, retaining walls, surface treatments, mulches/gravels and similar in order to fully describe the proposed works;

 

e)     Plant selection shall be dominated by those native coastal species which can tolerate shallow, poor quality sandy soils, salt laden winds and occasionally, damp/boggy conditions, which can all be experienced at this site, and must demonstrate that they will not escape cultivation and invade the adjoining public reserve;

 

f)     The rear courtyard must also be appropriately landscaped, and will need to incorporate at least 1 x 100 litre (pot/bag size at the time of planting) feature tree, which will attain a minimum height of between 4-7 metres at maturity, and should be located so as to maximise its screening potential to assist with privacy and amenity;

 

g)     Location of all proposed drainage/stormwater systems throughout the site.

 

65.   Should any species which occur naturally in Gordons Bay Reserve be proposed for use within the site as part of this application, they must be propagated from indigenous stock, with the applicant required to liaise with Council’s Bushland Supervisor (9399-0686) in this regard.

 

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

 

67.   Prior to the PCA issuing a Final Occupation Certificate, a professional landscaper who is a registered member of either AILDM or AILA, must certify that they have attended the site and inspected the landscaping, and that it has been installed in accordance with the relevant conditions of consent and approved plans.

 

 

 

 

Removal of trees within site

 

68.   The following vegetation must be removed from the site as part of the proposed works, subject to full implementation of the approved landscaping:

 

a)     The Lagunaria patersonii (Norfolk Island Hibiscus) located just beyond the northeast corner of the site, is not only regarded as an undesirable species due to the high irritability of the fibres that are released from its seed pods after flowering, but will also be heavily damaged during both demolition and construction to the point where its safety and stability will be threatened, and will pose a risk of failure;

 

b)     The Coprosma repens (Looking Glass Plant) in the front portion of the site, close to the southern edge of the existing dwelling, as this species is recognised as an environmental weed which invades areas of native bushland;

 

c)     The Metrosideros excelsa (NZ Xmas Tree/Pohutukawa) also in the front yard, to the southwest of the tree described above, as it is already dead.

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Ordinary Council

22 June 2010

 

 

 

Director City Planning Report No. CP47/10

 

 

Subject:                  20 Sackville Street, Maroubra

Folder No:                   DA/20/2009

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Section 82A Review: Demolition of existing structures on site and construction of a part 2- and part 3-storey detached dwelling with double garage and associated works

 

Ward:                      Central Ward

 

Applicant:                Bernard Constructions Pty. Ltd.

 

Owner:                         R P Buono and G Buono

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject application is referred to Council for determination at the request of Councillors Andrews, Matthews and Smith.

 

The proposal was notified from 14 to 28 January 2010 to the adjoining and nearby properties in accordance with DCP – Public Notification of Development Proposals and Council Plans. The application was re-notified from 22 April to 6 May 2010 following the receipt of revised drawings. A total of three (3) submissions were received at the conclusion of the public consultation process. The issues raised include; building height; bulk and scale; front setback; streetscape impact; view loss; overshadowing and privacy.

 

The site is located within Zone No. 2A (Residential Zone) and a Foreshore Scenic Protection Area under RLEP 1998. The proposal is consistent with the aims of the LEP and the specific objectives of the 2A Zone, in that the development will deliver a detached dwelling, which steps down the slope of the site, consistent with the natural topography of the land. The development has incorporated suitable design measures that minimise the visual scale and bulk of the structures, and is considered to carry satisfactory planning merits having regard to the site’s foreshore location.

 

The DCP – Dwelling Houses and Attached Dual Occupancies specifies detailed built form and amenity controls for dwelling house developments.

 

The proposal has an FSR and maximum external wall height of 0.63:1 and 7.2m respectively, which do not meet the preferred solutions of the DCP. However, the proposal will not result in significant adverse impacts upon the amenity of the coastal foreshore and surrounding properties in terms of visual bulk and scale, view loss, solar access and privacy.

 

In particular, the first floor level of the proposed dwelling has been configured to maximise view sharing with the adjoining property at No. 18 Sackville Street. The majority of the water views from the first floor living room of No. 18 Sackville Street will be retained, and none of the views from the rear balcony will be affected.

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended. Therefore, the proposal is recommended for approval subject to conditions.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 14 in DP 14752, No. 20 Sackville Street, Maroubra. The site is located on the north-eastern side of Sackville Street, north of its intersection with Bellevue Street. The site has a fall of approximately 2.19m. The dimensions and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

North-western, side boundary

41.15m

 

South-eastern, side boundary

41.15m

 

South-western, street boundary

10.06m

 

North-eastern, rear boundary

10.06m

 

 

 

413.9m2

 

At present, the site is occupied by a single storey detached dwelling. Vehicular access is obtained from Sackville Street.

 

Immediately adjoining the site to the north-west is a 2-storey semi-detached dwelling (No. 18 Sackville Street). The site is adjoined to the south-east by a part 2- and part 3-storey detached dwelling (No. 22 Sackville Street). The rear boundary of the site adjoins the private open space of a detached house fronting The Corso (No. 9 The Corso).

 

The locality is predominantly characterised by detached style residences. The surrounding area is currently experiencing gradual transition where the older housing stock is being renovated or redeveloped into modern residences.

 

Figure 1 Front elevation of the existing dwelling on the subject site (middle); the adjoining residences at Nos. 18 and 22 Sackville Street are seen on the left and right hand sides of the photograph respectively

 

3.      The Proposal

 

The development proposal includes the following components:

 

·      Demolition of the existing structures on site.

·      Construction of a part 2- and part 3-storey detached dwelling house with the following floor space elements:

 

Sub floor:          Double garage

Ground floor:     Living room, dining and family room, kitchen, laundry and amenities

First floor:         4 x bedrooms, ensuite and amenities

 

4.      Site History

 

4.1    Previous development application relating to the site

 

DA/20/2009

Demolition of existing structures on site and construction of a part 2- and part 3-storey dwelling with double garage and associated works.

The application was refused by Council under delegated authority on 8 September 2009 for the following reasons:

 

1.  The proposal has a floor space ratio of 0.72:1 and does not satisfy the preferred solutions or performance requirements for floor space ratio in Development Control Plan Dwelling Houses and Attached Dual Occupancies.

 

2.  The proposal has an external wall height of up to 8.24m and does not satisfy the preferred solutions or performance requirements for height, form and materials in Development Control Plan Dwelling Houses and Attached Dual Occupancies.

 

3.  The proposal has a street setback of 4.4m and side boundary setbacks of 1.07 and 1.08m and does not satisfy the preferred solutions or performance requirements for building setbacks in Development Control Plan Dwelling Houses and Attached Dual Occupancies.

 

4.  The proposal causes an unacceptable view-loss from 18 Sackville St because it is unreasonably non-compliant with the preferred solutions and performance requirements in Development Control Plan Dwelling Houses and Attached Dual Occupancies.

 

5.  The proposal has height, bulk and setbacks that do not maintain the character of the established residential area and fails the 2A Zone objectives in Randwick Local Environmental Plan 1998.

 

 

4.2    Plan amendments

A request was made by letter dated 19 February 2010 for the submission of amended drawings addressing the following issues:

 

·      The upper floor front balcony appears to protrude forward of the building line in the street. The above cantilevered balcony should be replaced by a recessed terrace or be deleted.

 

·      The L-shaped pergola frame on the upper level rear balcony should be deleted to improve view sharing with the neighbouring property.

 

·      The boundaries of the subject site and outline of the building footprints of the adjoining properties should be superimposed onto the floor plans.

 

·      A minimum of two cross-sections relating to the front and rear sections of the dwelling are to be submitted.

 

·      A material and finishing sample board or schedule is to be submitted.

 

A meeting was held on 5 March 2010 between the applicant and Council’s assessment officer. During the meeting, various design options for improving view sharing with the northern neighbour at No. 18 Sackville Street have been discussed. Council’s officer has recommended the provision of additional first floor setback from the north-western boundary, in order to widen the view corridors from the living room and kitchen windows of the above adjoining property.

 

Revised drawings were submitted on 15 April 2010. The amended documentation has been reviewed and is considered to have addressed Council’s concerns.

 

5.      Section 82A assessment

 

Section 82A of the Act enables an applicant to request a review of Council’s decision to refuse a development application, or a condition(s) imposed in a development consent granted by Council. In the event that the applicant has made amendments to the development proposal, Council must be satisfied that the development, as amended, is substantially the same as that originally described in the application.

 

The current Section 82A Review application makes the following amendments to the original development proposal. The changes are made in response to the reasons for refusal outlined in the assessment report for DA/20/2009:

 

·      Reduced external wall height so that the topmost point of the building is lowered from RL52.74 to RL52.16.

·      Reduced footprints for both the ground and first floor levels.

·      Reduced floor space ratio from 0.72:1 to 0.63:1.

·      Reduced extent of excavation and deletion of basement storage rooms.

·      Deletion of first floor front balcony.

·      Provision of additional side setbacks in the rear section of the first floor level as a means to minimise view loss impacts.

 

It is considered that the nature and form of the amended proposal remain substantially the same as that described in the original application, being the demolition of all existing structures on site and construction of a part 2- and part 3-storey detached dwelling. The revised scheme has reduced the bulk and scale of the building and incorporated measures to maximise view sharing with the adjoining dwelling. The amendments to the proposal are anticipated to reduce environmental and amenity impacts on the surrounding residents, and is satisfactory in this regard.

 

6.      Community Consultation

 

The subject application was notified from 14 to 28 January 2010 to the adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The application was re-notified from 22 April to 6 May 2010 following the receipt of revised drawings.

 

The following submissions were received at the conclusion of the public consultation process:

 

·      18 Sackville Street, Maroubra

·      22 Sackville Street, Maroubra

·      9 The Corso, Maroubra

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposed development has an excessive height and bulk and will result in detrimental impacts on the streetscape.

The building height, scale and massing of the proposed development are considered to be satisfactory. The proposed dwelling will not result in detrimental impacts on the streetscape amenity. Refer to the “DCP” section of this report for details.

The proposed garage, terrace and upper floor balcony on the front elevation of the building do not respect the established setback pattern in the street.

The provision of garage facilities forward of the building line is a feature of the local streetscape. The proposed garage and podium terrace structures to the front of the dwelling will not result in detrimental impacts on the character of Sackville Street.

 

The first floor front balcony originally shown on the drawings has been deleted in the revised design scheme.

The proposed garage structures will dominate the existing streetscape.

Refer to comments above.

The location and design of the garage will result in adverse safety impacts on the pedestrian and vehicular traffic.

The location and design of the double garage have been assessed by Council’s Development Engineer. No objections are raised on engineering or safety grounds.

The development scheme does not reserve sufficient setback from the eastern boundary. The proposal in its current form will adversely impact on solar access, ventilation, privacy and the health of the existing magnolia trees at 22 Sackville Street.

The proposed development will not result in unreasonable impacts on the amenity of the adjoining properties in terms of solar access, ventilation and privacy. The principal private open space to the rear of No. 22 Sackville Street will receive adequate solar access on 21 June. Refer to the “DCP” section of this report for further details.

The development will result in unreasonable view loss to No. 18 Sackville Street.

The proposal will not result in unreasonable view loss impact on No. 18 Sackville Street. Refer to the “DCP” section of this report for details.

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

The proposed development will not result in unreasonable shadow impacts on the adjoining properties. Refer to the “DCP” section of this report for details.

The proposal does not address potential stormwater impacts on the adjoining property at No. 9 The Corso. The application does not specify any measures to manage runoff during the construction stage.

Council’s Development Engineering Section has recommended specific conditions relating to stormwater management. Standard conditions are also recommended to ensure adequate erosion and sedimentation control measures are implemented during works on the site. The proposal is considered to be satisfactory subject to compliance with the above conditions.

The submitted floor plans contain errors and inconsistencies, particularly in relation to the eastern setback to the garage level.

The submitted floor plans have superimposed the subject property boundaries and outlines of the building footprints of the adjoining properties. The above information is based on information shown on the survey plan.

The setbacks of the garage and retaining wall structures are clearly annotated on drawing number 14E.

The submitted architectural drawings are not considered to contain errors in relation to the above matters.

The extent of backfilling is not clearly shown on the drawings.

The extent of backfilling has been clearly shown on the long and cross section drawings (refer to drawing number 11E, 17E and 18E).

The drawings lack information relating to site landscaping. It is unclear as to whether the existing trees in the rear courtyard will be retained.

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

 

Specific conditions are recommended to require the provision of suitable soft landscaping on the site.

The submitted shadow diagrams are inaccurate.

It is noted that the submitted shadow diagrams depict the expected shadows in relation to the external walls of the dwelling, instead of the roof eaves.

 

However, given the orientation of the site and the sun angle, the proposal will still satisfy the solar access preferred solutions of the DCP.

 

7.      Technical Officers Comments

 

Development Engineer and Landscape Development Officer

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

 

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 Council’s kerb and gutter.

 

The requirement for an infiltration/rubble pit is not be enforced due to the ground conditions (i.e. rock is near the surface).

 

8.      Master Planning Requirements

 

The subject site has a land area of only 413.9m2 and a master plan is not required.

 

9.      Relevant Environmental Planning Instruments

 

9.1    Randwick Local Environmental Plan (RLEP) 1998

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

 

The site is located 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 the Residential A Zone, in that the development will deliver a single detached dwelling, which is compatible with the predominant and desired character of the locality.

 

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

 

Clause

Requirement

Proposal

Compliance

22 Services

Adequate facilities for supply of water, disposal of sewage and drainage are required to support a proposed development

The provision of utility services will be required by appropriate conditions of consent.

Complies, subject to conditions

29 Foreshore scenic protection area

Council to consider the probable aesthetic appearance of the proposed building in relation to the foreshore

The site is located within a Foreshore Scenic Protection Area under the LEP.

 

The site falls from the street to the rear and the building has incorporated a stepped form to follow the natural contours of the land.

 

The garage level is created by partial excavation of the site, which will minimise the overall height and bulk of the building.

 

The facades are suitably articulated with window openings, staggered wall planes and screening devices, which will minimise the visual scale of the structures as viewed from the private and public domain.

 

The proposed colour scheme adopts a light tone palette, which is suitable to the character of the locality.

 

Therefore, the proposal is considered satisfactory in this regard.

Complies

40 Excavation and filling of land

Council to consider the likely impact on the existing drainage patterns and soil stability in the locality, and the effects of the proposed works on the likely future use or redevelopment of the land

The proposal requires excavation of up to approximately 1800mm to accommodate a semi-basement garage, as well as backfilling of up to approximately 700mm to create a levelled ground storey floor plate.

 

The application has been referred to Council’s Development Engineer for assessment. It is considered that the proposal will not adversely impact on the drainage pattern and use of the land, subject to the recommended engineering conditions.

 

Standard conditions are also recommended to ensure that suitable soil retention and erosion control measures are undertaken during works on the site.

 

Therefore, the proposal is considered satisfactory in this regard.

Complies, subject to conditions.

 

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

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

 

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

SEPP: BASIX applies to the proposed development. The development application is accompanied by a BASIX Certificate numbered 254151S_02. The commitments listed in the above certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

10.    Policy Controls

 

10.1  Randwick Development Control Plan (RDCP) 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.

Approximately 49% of the site is reserved as landscaped areas. Complies.

S1

A minimum of 25m² of useable private open space is to be provided.

Compiles. 

S1

Each dwelling must provide an area of private open space capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

The rear courtyard is capable of accommodating a rectangle of approximately 10m x 15m in dimensions. Complies.

S1

Private open space in the front yard area is located behind the building line.

The private open space is located in the rear section of the site. Complies.

S6

20% of the total site are has permeable treatment.

Approximately 27% of the site is reserved as permeable surfaces. A special condition is recommended to ensure suitable amount of permeable surfaces is provided on the site.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this size is a maximum floor space ratio of 0.6:1 (or 248.3m2 gross floor area). 

The proposed FSR is 0.63:1 or 258.9m2 gross floor area. Refer to comments below.

 

The Objectives and Performance Requirements of the DCP in relation to floor space ratio aim to ensure that developments are not excessive in bulk or scale, are compatible with the existing character of the locality, and will minimize adverse amenity impacts on the neighbouring properties.

 

The proposed development will exceed the FSR preferred solution by 0.03:1, which equates to 10.6m2. Notwithstanding, the development scheme is considered to be satisfactory for the following reasons:

 

·      The proposed building is presented in a stepped form that follows the natural fall and contours of the land. The 3-storey section of the dwelling is confined to the areas closest to the street, where the highest point of the allotment is situated. The remaining portions of the building are limited to 2 storeys in height. The design scheme is considered to respect the site topography and will not result in adverse visual impacts on the foreshore areas.

 

·      The proposed built form has incorporated staggered wall planes and a combination of fenestration patterns on the building facades, which will create appropriate articulation and visual interest.

 

A significant portion of the garage is situated underground to minimize the scale and massing of the building. The design scheme adopts low profile skillion roofing, which will minimize the overall building height. The above design measures contribute to the presentation of a suitable visual bulk in the streetscape, despite the breach against the FSR preferred solution.

 

Overall, the architectural character and form of the proposal are considered to carry satisfactory design merits. 

 

·      As will be discussed in the following sections, the proposal does not result in any unreasonable adverse impacts on the adjoining residential properties in terms of overshadowing, privacy or view loss.

 

·      The original assessment report for DA/20/2009 has included records of previous approvals for developments in Sackville Street:

 

Table 1 Comparative analysis of floor space ratios in Sackville Street

Address

Site Area (m2)

FSR

FSR Control

Variation

8 Sackville

413.9

0.66:1

0.7:1*

Nil

10 Sackville

413.9

0.59:1

0.7:1*

Nil

15 Sackville

413.9

0.515:1

0.6:1

Nil

18 Sackville

309.45

0.769:1

0.75:1*

2.5%

22 Sackville

413.9

0.66:1

0.6:1

10%

32 Sackville

413.9

0.59:1

0.7:1*

Nil

40 Sackville

413.9

0.62:1

0.6:1

3.6%

* Note: These buildings were approved under DCP 4 between 1985 and 2000. This DCP allowed a higher variable FSR (up to 0.75:1) than the current preferred solution.

 

It is considered that the proposed FSR is commensurate with other existing dwellings in Sackville Street.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceeding 7m

7.2m (south-east elevation), refer to comments below.

S1

External wall height of buildings or additions to the rear does not exceed 3.5 m.

Not applicable.

S3

Cut or fill does not exceed 1m.

The proposal requires excavation of up to approximately 1800mm to accommodate a semi-basement garage, as well as backfilling of up to approximately 700mm to create a levelled ground storey floor plate. Refer to comments below.

S3

No excavation within 900mm of a side boundary.

The majority of the excavation works are setback a minimum of 900mm from the side boundaries.

 

There is a retaining wall located forward of the garage line and is setback only 100mm from the south-eastern boundary. Refer to comments below.

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 maximum length of wall sections on the south-eastern elevation at first floor level is 8m. Complies.

S5

The second storey portion of a semi-detached dwelling be confined to within the existing roof space or be set back from the front elevation behind a substantial portion of the existing roof form and the design respects the symmetry of the adjoining semi-detached dwelling.

Not applicable.

 

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 has a maximum external wall height of 7.2m, and exceeds the preferred solution by 200mm. The degree of the deviation from the preferred solution is considered to be minor in nature. As has been discussed in the previous section, the proposed built form is considered to respect the natural topography and is of a suitable scale and mass.

 

As will be discussed in the following paragraphs, the proposal will not result in unreasonable overshadowing, privacy or view loss impacts on the adjoining properties.

 

Therefore, the development scheme is considered to be satisfactory in this regard.

 

Excavation and backfilling

The Objective of the DCP is to ensure the height and scale of developments relate to the topography with minimal cut and fill.

 

The proposal requires excavation of up to approximately 1800mm to accommodate a semi-basement garage, as well as backfilling of up to approximately 700mm to create a levelled ground storey floor plate.

 

The proposal is considered to be satisfactory in this respect due to the steep topography of the site. The extent of excavation and backfilling is necessary to accommodate functional floor plates as well as to minimize visual bulk and mass as viewed from the surrounding public and private domain.

 

There is a retaining wall located forward of the garage line and is setback only 100mm from the south-eastern boundary. The provision of retaining wall in this area is required due to the cross fall of the site and is not considered to be unreasonable.

 

Specific conditions have been recommended to require adequate soil retention measures to be undertaken during works on the site.

 

Therefore, the proposal is considered to be satisfactory subject to the above conditions.

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

 

3.1m to garage, refer to comments below.

S2

No part of the building is closer than 4.5m from rear boundary.

 

Complies.

S3

Side setbacks be 900mm for any part of the building at ground level.

Garage:

North-western boundary: 2.8m

South-eastern boundary: 0.9m

Ground floor (rear section of dwelling):

North-western boundary:

1.08m to 2.33m

South-eastern boundary:

1.07m to 1.57m

Complies.

S3

Side setbacks be 1.5m at second floor level.

Ground floor (front section of dwelling):

North-western boundary:

1.08m

South-eastern boundary:

1.07m

First floor (rear section of dwelling):

North-western boundary:

1.08m to 1.9m

South-eastern boundary:

1.07m

S3

Side setbacks be 3.0m at third floor level.

First floor (front section of dwelling):

North-western boundary:

1.08m

South-eastern boundary:

1.07m

 

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 proposal has varying front setbacks from the street boundary:

Garage:     3.1m (garage edge)

G/F:         3.1m (terrace) to 4.8m (wall)

1/F:          4.8m (wall)

 

The development scheme does not meet the 6m preferred solution. Notwithstanding, the development is considered satisfactory based on the following reasons:

 

·      The existing dwellings along the north-eastern side of Sackville Street exhibit an approximate front setback line in the order of 4 to 5 metres, as measured from the boundaries to the front walls of the houses:

 

No. 12:       Approx. 0.83m (garage) to 4.29m (wall)

No. 14:       Approx. 4.64m

No. 16:       Approx. 4.9m

No. 18:       4.9m (survey plan data)

No. 20:       4.3m to 5.2m (survey plan data, subject site as existing)

No. 22:       0m (garage) to 4.8m (front wall) (survey plan data)

No. 24:       Approx. 0m (garage) to 4.13m (wall)

No. 26:       Approx. 0m (garage) to 3.37m (wall)

No. 28:       Approx. 3.79m

No. 30:       4.47m

 

It is noted that a number of properties on the north-eastern side of Sackville Street have their garages abutting the front boundaries. It is considered that the minimal setbacks to parking structures are a feature of the streetscape. The proposed double garage is setback 3.1m from the boundary and is partially sunken below ground. It is considered that the design of the garage facility has minimised adverse impacts on the streetscape.

 

·      The ground and first floor levels of the proposed dwelling are setback 4.8m from the boundary. The submitted floor plans have demonstrated that the front wall alignment of the main living floors is consistent with both adjoining properties at Nos. 18 and 22 Sackville Street.

 

·      The revised proposal has deleted the first floor cantilevered front balcony. The revised design has improved consistency with the streetscape.

 

Side setbacks

The side setback controls aim to allow occupants and neighbours adequate natural lighting and ventilation. The proposal is considered to be satisfactory for the following reasons:

 

·      The design scheme has reserved a minimum side setback of 1m across the ground and first levels. It is considered that an acceptable level of separation has been provided to ensure adequate natural ventilation for the adjoining dwellings.

 

·      The strict adherence to the preferred solution, in this instance, would produce a built form that contains multiple stepping on the side elevations, and would not result in a satisfactory architectural outcome. It would also complicate the structural design without material additional benefits for the neighbouring residences.

 

·      The development scheme has incorporated adequate measures to protect the privacy of the neighbouring dwellings, including the provision of highlight windows on the side elevations and screening devices to the rear balcony on the first floor level.

 

·      As will be discussed in the following paragraphs, the proposal will retain satisfactory solar access to the adjoining properties.

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

The side windows on the upper floor level are either attached to bedroom or amenities areas, which are low intensity use areas within the dwelling.

 

In addition, the majority of the above windows have incorporated a 1.5m or higher sill height to minimize direct overlooking.

 

The upper floor rear balcony is capable of overlooking into the adjoining properties. This matter is discussed in the paragraphs below.

S1

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

Refer to comments below.

S1

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

The upper floor bedroom and bathroom windows have adopted a high sill height solution to minimize privacy impacts. Complies.

S3

Buildings comply with AS 371 and AS 2107.

A standard condition is recommended to ensure the construction works comply with the Building Code of Australia. Complies, subject to condition.

 

The Objective of the DCP is to ensure that new buildings and additions will retain visual and acoustic privacy for the occupants and neighbours. Additionally, the performance criteria of the DCP state that overlooking of the private open space of residential development is to be minimized through appropriate location of balconies, separation, screening and landscaping.

 

The proposal includes an L-shaped balcony on the first level, which is attached to Bedrooms 3 and 4. The above balcony is capable of obliquely looking into the adjoining windows and private open space. Notwithstanding, the proposed design is considered satisfactory for the following reasons:

 

·      The revised drawings have included a 1.8m high fixed privacy screen on the southern elevation of the balcony. This will minimize direct overlooking into No. 22 Sackville Street. A special condition is recommended to specify the configuration and performance requirement of the screen.

 

·      It is noted that both Nos. 18 and 22 Sackville Street contain elevated rear balconies to capture the distant water views. It is considered that the provision of rear balconies on the upper level is acceptable having regard to the water view advantage available to the subject and adjoining sites.

 

·      The installation of full width privacy screens along the side elevations of the balcony is not considered to be suitable in this instance as they would detrimentally impact on view sharing.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

Complies.

S1,3

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

Complies.

S2

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

To be required by condition.

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

Council’s Parking DCP requires 1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

The proposal includes a double garage and satisfies the preferred solution.

S1

Car parking spaces have a minimum dimension of 5.5m x 2.5m.

The double garage has clear internal dimensions of approximately 5.8m x 5.7m, and satisfies the DCP requirements.

S1

Driveways have minimum width of 3m and are set back at least 1m from the side boundary.

Satisfactory.

S1

Driveways have a maximum width of 3m at the property boundary.

The proposed driveway has a width of approximately 4.8m. The width is required to ensure efficient and safe maneuvering of vehicles and therefore is considered satisfactory.

S1

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

The proposed driveway gradient has been assessed by Council’s Development Engineer and is considered satisfactory subject to condition.

S1

With respect to garages and carports to rear lanes these should be set back 1m to improve pedestrian visibility.

Not applicable.

S2

Parking and access is provided from the rear of the allotment where possible.

Not applicable.

S2

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

The proposed garage is located approximately 1.6m forward of the front wall alignments above. Refer to comments below.

S2

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

48%, refer to comments below.

 

Parking and access design

The Objectives of the DCP are to ensure that on-site parking and access facilities are not visually obtrusive and do not detract from the local streetscape.

 

The proposed garage is located approximately 1.6m forward of the front wall alignments above. The garage door also accounts for 48% of the allotment width. The above elements do not meet the DCP preferred solution.

 

It is noted that a number of properties on the north-eastern side of Sackville Street have their garages abutting the front boundaries. It is considered that the minimal setbacks to parking structures are a feature of the streetscape. The proposed double garage is setback 3.1m from the boundary and is partially sunken below ground. The garage structures are suitably integrated with the architectural character and form of the building. It is considered that the parking facility will not dominate the streetscape and is satisfactory in this regard.

 

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

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

 

Fences in front of the building line or on street frontages may be up to 1.8m provided that the upper two thirds is at least 50% open.

No front fencing is proposed.

 

Foreshore Development

 

Preferred Solution

Assessment

P1

No encroachments on Foreshore Building Line at identified properties.

Not applicable.

P2

Building form, colour, materials and finishes are sympathetic.

Satisfactory.

P3

Stepped buildings on sloping sites are articulated.

Satisfactory.

P4

Buildings incorporate sufficient setbacks to allow fair sharing of views.

Refer to comments below.

P5

Ancillary structures do not detract from the appearance of developments.

Satisfactory.

 

View sharing

Based on site inspections, it is noted that ocean views are currently available to the north-east, east and south-east of the subject and adjoining sites.

 

The proposed development is considered to have implications on the views currently available to the adjoining property at No. 18 Sackville Street, being the rear balcony and south-east facing living room and kitchen windows on the first floor level.

 

The following paragraphs provide a four-step analysis of view loss established in the NSW Land and Environment Court case Tenacity v Warringah Council (2004):

 

(a) 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.”

No. 18 Sackville Street currently enjoys the following views:

 


 

(i) Upper level rear balcony

 

Current views

The north-eastern aspect of the rear balcony captures broken views of the sky-ocean interface, which are punctuated by existing vegetation in the locality, as well as district views of residential buildings.

 

Anticipated view loss

The proposed development will not affect any of these views.

 

Current views

The eastern and south-eastern aspects of the rear balcony generally capture panoramic views of the sky-ocean interface, which are occasionally punctuated by existing vegetation in the locality, as well as district views of residential buildings. 

 

Anticipated view loss

The proposed development will not affect any of these views.

 

 

Current views

The south-eastern aspect of the rear balcony generally captures panoramic views of the sky-ocean interface, which are punctuated by existing vegetation in the locality, as well as the nearby residential dwellings.

 

Anticipated view loss

The proposed development will not affect any of the above water views. However, the proposed dwelling will become obliquely visible and obstruct views of the dwelling house at No. 22 Sackville Street.

(ii) South-eastern first floor windows

 

Current views

The side window to the living room currently enjoys panoramic view of the sky-ocean interface broken by the window mullions, as well as distant views of dwelling houses and vegetation in the nearby areas.

A staircase void currently separates the windows from the living room floor plate.

 

Anticipated view loss

It is anticipated that 1/3 of the above view will be obscured following the proposed development (being approximately the view currently obtained through the southern-most window pane). 

 

 

Current views

The kitchen window currently enjoys partial view of the sky-ocean interface, as well as the adjoining buildings at Nos. 20 and 22 Sackville Street.

 

Anticipated view loss

It is anticipated that the sky-ocean views will be lost following the proposed development.

 

 

(b) 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.”

The views that are anticipated to be obscured by the proposed development, as outlined above, are obtained across the shared side boundary between Nos. 18 and 20 Sackville Street.

 

The views currently available to the rear deck are obtained primarily at a standing position. However, a degree of sitting views is available depending on the height of the person and the viewing angle.

 

The views currently available to the living room side window and kitchen window are obtained at a standing position.

 

(c) Step 3: “The third step is to assess the extent of the impact… 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)… It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.”

In summary, the following views will be lost:

 

Location

Lost views

First floor living room window

Approximately 1/3 of the current sky-ocean interface views, and distant views of dwelling houses in the locality.

First floor kitchen window

All of the current partial sky-ocean interface views.

 

(d) 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. 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.”

In assessing whether the expected view loss is reasonable, the following matters have been taken into consideration:

 

·      The proposed development will not result in any loss of water views from the first floor rear balcony of No. 18 Sackville Street.

 

·      There is an impact on the first floor living room window where approximately one-third of the water views will be lost. However, the majority (two-thirds) of the water views will be retained via the stepping of the proposed built form. It should be noted that the above views are currently obtained across the side boundary between Nos. 18 and 20 Sackville Street, which under the planning principle, are much more difficult to retain, especially in an established residential neighbourhood in the inner metropolitan area.

 

·      The views anticipated to be lost consist of distant sky-water interface. These views are considered to be general water views and are not iconic in nature as defined in the planning principle.

 

·      The existing partial water views from the first floor kitchen window will be lost. However, the kitchen area is not considered to be the principal living space within the dwelling. The window is located mid-way on the side façade and the retention of views is highly difficult, if not impossible, without substantial reduction in the development potential of the subject site.

 

The design scheme has incorporated additional side setback of up to approximately 1900mm to the wardrobe of Bedroom 4. This would potentially allow oblique water views from the kitchen window, and would improve ambient light access to this window.

 

·      The first floor rear wall of the proposed dwelling is stepped in 2500mm from that of the adjoining neighbour at No. 18 Sackville Street, in order to open up view corridors to the latter’s living room window. This is despite the fact that the building footprint of No. 18 has extended further to the rear, which is the reason behind the wide angle water views available to its balcony as outlined in this report.

 

·      It is acknowledged that the proposed development contains relatively minor deviation from the FSR and external wall height preferred solutions in the DCP. Notwithstanding, as is discussed in the above paragraphs, the proposal is considered to be of a suitable scale and bulk. The dwelling is considered to follow the contours of the site through the incorporation of adequate stepping in the building mass.

 

The proposal is consistent with the built form, height and scale of the existing residences in the area, and is compatible with the character and streetscape of the locality. The proposed works represent a reasonable attempt to realize the permissible development potential of the land.

 

Therefore, the intrusion of the views is justified when considering the high degree of compliance and view retention measures incorporated in the proposal. It is considered that the potential view loss is reasonable and justified in this instance.

 


Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

New dwellings comply with a minimum of 3.5 stars on the NatHERS.

Refer to “BASIX”.

S2

Private open space receives at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

Complies.

S2,8

North-facing windows to living areas receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

Complies.

S9

Solar access to existing or future solar collectors on adjacent buildings is maintained between 9am and 3pm each throughout the year.

The proposal will not overshadow the roof of the adjoining downhill dwelling at No. 22 Sackville Street for more than 3 hours on 21 June. 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.

The principal living room windows of No. 22 Sackville Street are located on the north-eastern elevation at ground level (refer to photograph below).

 

 

The north-eastern elevation of the above property will enjoy more than 3 hours of direct sunlight on 21 June. Complies.

S9

Principal outdoor recreation space of neighbouring dwellings receives at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

The principal private open space to the rear of No. 22 Sackville Street will receive direct sunlight for more than 3 hours on 21 June. The proposal will comply with this preferred solution.

 

It is noted that No. 22 has reserved a 2.3m setback from the north-western boundary. This area has been planted with a double row of trees reaching approximately 3 to 4m in height, which the owners have stated to be magnolia.

 

The shadow diagrams show that this setback area will be overshadowed for more than 3 hours on 21 June. Notwithstanding, the proposal is considered to be acceptable for the following reasons:

 

·      The north-western side setback is not considered to be the principal private open space of the dwelling at No. 22 Sackville Street. The principal open space for passive recreation is located to the rear, where the swimming pool, lawn and timber deck are located.

 

 

 

·      To maintain direct sunlight to the side setback area for a minimum of 3 hours will require a substantial reduction in building height. This is considered to be unreasonable as the proposal complies with all solar access preferred solutions and substantially meets the external wall height preferred solution.

 

·      The proposed building footprint, height, scale and massing are commensurate with other existing dwellings in the locality.

 

The trees in question do not have the height, spread and trunk size that fall under the protection of Council’s Tree Preservation Order. It is anticipated that some impacts on their health would occur following the proposed development; however, it is also possible for them to adapt to more shady conditions in winter. In any case, given that the trees are relatively small in size, their protection via refusal of the proposal is not warranted.

 


10.2  Randwick Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost $100,001 - $200,000

------

0.5%

------

Development cost more than $200,000

$421,300

1.0%

$4,213.00

 

11.    Environmental Assessment

 

11.1  Section 79C assessment

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

 

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

The proposal is consistent with the aims and objectives of Randwick LEP 2008 (Consolidation).

 

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

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

 

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

 

Not applicable. 

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

Clause 7 of the EP&A Regulation 2000 requires the consent authority to consider the provisions of the Building Code of Australia. A standard condition is recommended to address the above matter.

 

Appropriate conditions are recommended to address the relevant fire safety provisions of the Regulation. 

 

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

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

 

The proposed development is consistent with the residential land uses in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality. 

 

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

The site is located within an established residential neighbourhood. The site has sufficient area to accommodate the proposed land use and structures. Therefore, the site is considered suitable for the proposed development.

 

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

 

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

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

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Leadership in sustainability, excellence in urban design and development.

Direction:  Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development complies with the 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 coastal foreshore and 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 is sympathetic to the foreshore environment and the character of the existing streetscape.

 

The application is therefore recommended for approval subject to the attached conditions of consent.

 

Recommendation

 

That Council, as the consent authority, changes its previous determination of Development Application No. 20/2009 under Section 82A(4A) of the Environmental Planning and Assessment Act 1979, as amended, and grants Development Consent under Sections 80 and 80A of the same Act for demolition of existing structures on site and construction of a part 2- and part 3-storey detached dwelling with double garage and associated works, at No. 20 Sackville Street, Maroubra, subject to the following conditions:

 

Conditions of Consent

 

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

 

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

 

Plan Number

Dated

Received

Prepared By

1E

12/03/10

15 April 2010

Bernard Constructions

2E

12/03/10

15 April 2010

3E

12/03/10

15 April 2010

5E

12/03/10

15 April 2010

6E

12/03/10

15 April 2010

7E

12/03/10

15 April 2010

8E

12/03/10

15 April 2010

9E

12/03/10

15 April 2010

10E

12/03/10

15 April 2010

11E

12/03/10

15 April 2010

14E

12/03/10

15 April 2010

15E

12/03/10

15 April 2010

16E

12/03/10

15 April 2010

17E

12/03/10

15 April 2010

18E

12/03/10

15 April 2010

 

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

 

2.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the submitted “Exterior Colours Selections”, undated, prepared b Bernard Constructions Pty. Ltd., and received by Council on 15 April 2010.

 

3.       Metal roof sheeting is to be painted or colour-bonded to minimize reflection and to be sympathetic and compatible with the building and surrounding environment.

 

4.       A minimum of 20% of the site area (or 82m2, whichever is the greater) shall be reserved for soft landscaping purposes consisting of grass, shrub and/or tree planting. Details demonstrating compliance shall be incorporated in the Construction Certificate documentation to the satisfaction of the certifying authority.

 

5.       The proposed privacy screen attached to the southern elevation of the first floor rear balcony shall be constructed with 35mm wide timber/metal slats, horizontally positioned, and spaced at a maximum of 35mm, or another appropriate design that restricts cross viewing into the adjoining residential property at No. 22 Sackville Street.

 

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

 

6.       The balustrades (not including the privacy screen) of the first floor rear balcony are to be constructed with clear glass to enable improved view sharing with the adjoining property at No. 18 Sackville Street. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation to the satisfaction of the certifying authority.

 

7.       Any proposed fences on the side or rear boundaries of the premises shall not exceed a maximum height of 1800mm, measured above the existing ground levels.

 

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 are 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.

 

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

 

9.       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.

 

10.     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.

 

11.     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.

 

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

 

13.     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.

 

14.     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 is imposed to satisfy the requirements of the Sydney Water Corporation:

 

15.     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:

 

16.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $421,300, the following applicable monetary levy must be paid to Council: $4,213.00.

       

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:

 

17.     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.

 

18.     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.

 

19.     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)

 

20.     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 condition has been applied to ensure that adequate drainage is provided from the premises and to maintain adequate levels of health and amenity in the locality:

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

                                        

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

 

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

 

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

 

25.     The building works must be inspected by the Principal Certifying Authority (or 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).

 

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

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

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

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

 

27.     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.

 

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

 

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

 

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

 

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

 

30.     Prior to the issuing of an interim or final occupation certificate, a statement is required to be obtained from the Principal Certifying Authority 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.

 

31.     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:

 

32.     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.

 

33.     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.

 

34.     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.

 

35.     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.

 

36.     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.

 

37.     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.

 

38.     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.

 

39.     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.

 

40.     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.  

 

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

 

42.     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.

 

43.     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.

 

44.     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.

 

45.     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.

 

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

 

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

 

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

 

47.     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:

 

48.     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.

 

49.     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:

 

50.     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:

 

51. 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, including associated works such as rock excavation, retaining walls etc.

 

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.

 

52.     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.

 

53.     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:

 

54.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level at the property boundary for the driveway entrance shall be as follows:

 

Driveway Entrance Western Edge: RL 43.56

Driveway Entrance Eastern Edge:  RL 43.27

 

(Levels refer to Assumed Datum BM RL 43.45 – Shown on submitted plans)

 

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

 

55.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $443.00 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:

 

56.     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.

 

57.     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.

 

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

 

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

 

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

 

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

 

59.     Generally all site stormwater shall be piped to a sediment/silt arrester pit that drains to Council's kerb and gutter.

 

60.     As the above site may be present with groundwater/seepage water the basement garage, storage, plant area and similar structures are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofed has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Notes:-

 

a)  Any subsoil drainage is to be disposed of within the site and is not to be charged to Council’s kerb & gutter and/or underground drainage system.

 

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

 

Any seepage water must be drained directly into an absorption pit within the site. Seepage water must not be drained from the site.

 

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

 

61.     Landscaping shall be provided to the site to enhance its amenity and reduce the impact of the development upon neighbouring properties. A landscape plan shall be submitted to and approved by the certifying authority, prior to a construction certificate being issued.

 

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

 

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

 

Tree Management

 

64.     The applicant shall be required to ensure the retention and long term health of all trees located on adjoining properties adjacent to the proposed development. As a general guide there shall be minimal excavation or root pruning within the dripline/s of the subject tree/s.

 

ADVISORY 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.

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Ordinary Council

22 June 2010

 

 

 

Director City Planning Report No. CP48/10

 

 

Subject:                  155-157 Arden Street, Coogee

Folder No:                   DA/58/2008/A

Author:                   Louis Coorey, Environmental Planning Officer     

 

Proposal:                     Section 96(1A) modification of approved development by deletion of Condition No. 82 which requires undergrounding of power and telecommunication lines

 

Ward:                      North Ward

 

Applicant:                Fernside Developments Pty Ltd

 

Owner:                         Pnpl Properties Pty Ltd and Sydnee Pty Ltd

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

This Section 96 application is referred to Council for determination as it involves the deletion of a condition (82) requiring the removal of power poles and undergrounding of power cables.

 

The application is for a Section 96(1) Modification of Development Consent 58/2008 to delete the following condition of consent:

 

82. The applicant shall meet the full cost for the overhead power lines and telecommunication cables located in the vicinity of the development site to be relocated underground and all redundant power poles to be removed. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issue of an occupation certificate for the development.

 

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

 

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

 

2.    The Proposal

 

The application is for a Section 96(1) Modification of Development Consent 702/2009 to allow for the deletion of Condition No. 82 (as shown below) requiring the applicant to meet the full cost of existing overhead power lines and telecommunication cables to be relocated underground.

 

82. The applicant shall meet the full cost for the overhead power lines and telecommunication cables located in the vicinity of the development site to be relocated underground and all redundant power poles to be removed. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issue of an occupation certificate for the development.

 

The application is submitted on the basis that the required works are beyond the vicinity of the subject site, unreasonable burden of costs for the work compared with the total development cost, substantial and costly public domain works, owners consent from 14 properties on either side of this section of Arden Street would be required, and the condition imposed does not satisfy the nexus test.

 

3.    The Subject Site and Surrounding Area

 

The subject site consists of Lots 1 and 2 in DP 200740, No. 155 and 157 Arden Street, Coogee. The site is located on the eastern side of Arden Street, between Arcadia Street to the north and Bream Street to the south. The dimension and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern side boundary

49.38m

 

Southern side boundary

49.225m

 

Eastern rear boundary

20.115m

 

Western street boundary

20.12m

 

 

 

991.6m2

 

The site falls from the north-west to the south-east with a cross fall of approximately 7.7m. The site is elevated above the carriageway of Arden Street, supported by a sandstone block retaining wall of approximately 2.5m in height, as measured between the lower level roadway and the footpath, which the latter is at the same level as the site. The sandstone retaining walls extend along the eastern and western sides of Arden Street between Arcadia and Bream Streets, where the roadway has been cut into the hill slope.

 

The site is currently occupied by a pair of single-storey semi-detached dwelling houses. Immediately adjoining the site to the north are four x three-storey residential flat buildings (No. 153 Arden Street and Nos. 19, 21 and 23 Arcadia Street) and a part two- and part three-storey detached dwelling house (No. 25 Arcadia Street). To the south of the site is a double-storey residential flat building (No. 159 Arden Street). Adjoining the site along the rear boundary is a three-storey residential flat building (No. 108 Beach Street).

 

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

 

4.    Application History

 

DA/58/2008: At the Ordinary Council Meeting held on 22 July 2008, Council resolved to refuse development consent to DA/58/2008, which proposed the demolition of existing structures on site and construction of a 3 storey multi-unit housing development comprising 8x3 bedroom dwellings, basement car parking for 19 vehicles including right of way access to the adjoining southern property, landscaping, fencing and associated stormwater drainage works.

 

Following the determination for refusal, the applicant has subsequently lodged a Section 82A Review application, seeking a review of the determination. The proposal was reported to Council in July 2008, subsequently deferred for mediation between objectors and the applicant and approved via deferred commencement on 28 July 2009. The deferred commencement conditions were satisfied and the consent made operational from the 4 March 2010 with it lapsing on 4 March 2015.

 

5.    Community Consultation

 

Given that the application is made under Section 96(1A) of the Environmental Planning and Assessment Act 1979, which relates to modifications which have minimal environmental impact, formal notification of the proposal is not necessary under Council’s Development Control Plan for Public Notification of Development Proposals.

 

6.    Technical Officers Comments

 

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

 

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

 

Development Engineers

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

 

An application has been received to modify development consent for the demolition of the existing residences and the construction of a residential flat building at the above site containing 8 x 3 bedroom units with basement car parking.

 

This report is based on the following plans and documentation:

·      SES by Chapman Planning Pty Ltd

·      Letter & Design Information Package from Energy Aust Ref No: Sc-01047 by Ashwin Prasad dated 15 April 2010;

 

The modification to the Development Application relates to the proposed deletion of Condition No 82 of the DA Consent which read as follows:

 

82. The applicant shall meet the full cost for the overhead power lines and telecommunication cables located in the vicinity of the development site to be relocated underground and all redundant power poles to be removed. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issue of an occupation certificate for the development.

 

The above condition was included as in accordance with Council’s Health, Building and Planning Committee meeting on 8 November 2005, where it was resolved on the motion of Councillors Nash and Belelli that:

 

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

 

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

 

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

 

Energy Australia in its submitted letter has stated that:

 

it’s the general intention of Energy Aust to avoid small spans of undergrounding that would result in multiple joints in the network should the undergrounding be extended at a future date.

 

Taking into consideration the above statement, Energy Aust has provided Design Information to the applicant which shows the removal of 3 power poles and the undergrounding of power cables from Arden/Bream St intersection to Arden/Arcadia St intersection (See Annexure 2 – Location Plan).

 

The assessing officer is advised to check whether the Section 96 application has to be referred to a Council Meeting as the applicant is seeking to delete a condition which is required under Council Policy.

 

It should also be noted that the applicant has stated that they have no objection to having the cables at the front of the site being bundled as opposed to undergrounding.

 

7.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998 (Consolidation)

The site is zoned 2C under Randwick Local Environmental Plan 1998 (Consolidation) and the proposed activity is permissible with Council’s consent.

 

The proposal does not alter the overall form and function of the development as approved and complies with the main aims and objectives of the Randwick Local Environmental Plan 1998.

 

7.1 Policy Controls

 

a.    Development Control Plan - Multi Unit Housing

The proposed modification involves the deletion of a condition of consent and represents no significant visible external change to the existing streetscape. The modification as detailed in the current Section 96(1) application will not adversely affect the immediately adjoining properties or the locality.

 

7.2   Council Policies
The policy for replacing overhead wires with underground cables was adopted at the Health, Building and Planning Committee meeting on 8 November 2005. This policy, amongst other things, requires that applicants of development applications be required to meet all costs associated with replacing overhead wires with underground cables in the vicinity of the development site when the cost of works on the site exceeds $2 million.

 

Condition No. 82 was imposed in line with Council policy and reads as follows:

 

82.   The applicant shall meet the full cost for the overhead power lines and telecommunication cables located in the vicinity of the development site to be relocated underground and all redundant power poles to be removed. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issue of an occupation certificate for the development.

 

The applicant is seeking to delete condition 82 of the consent. They have provided technical advice from Energy Australia, as to the scope of works and issues related to placing cables underground. The letter from Energy Australia dated 15 April 2010 and associated Design Information report dated 20 March 2010 all received by Council on 5 May 2010 state the level of work required for the existing power lines to be placed underground.

 

·        In particular, they indicate that the relocation works would affect five power poles running from Arcadia Street to the North and Bream Street to the south of the subject site at 155-157 Arden Street (as shown in figure 1 below). In particular, they indicate that at least three poles in the middle would be required to be removed, that street lighting poles would be required in their place, that owners of properties who rely on the power from these poles would need to give their consent and that there would be additional costs incurred by other service authorities (such as Optus, Telstra, Foxtel, etc) associated with the required underground cabling.

 

Figure 1: Obtained from Energy Australia Design information report dated 20 March 2010 relating to underground cabling for the subject site at 155-157 Arden Street.

 

The applicant contends that the abovementioned report highlights the prohibitive cost of undergrounding of cables in this area which is estimated to be in the vicinity of $600,000 which is approximately 27% of the cost of development, that this is an onerous cost and that the scope of the proposed development does not generate a nexus requiring the undergrounding of the existing overhead cables from Arcadia Street to Bream Street.

 

Based on the above information, it is considered the applicant’s arguments and supporting information provide a reasonably clear picture of the significant works required complying with condition 82 of the original consent and it is considered that there would be difficulty in establishing a nexus between the proposal and the required works for undergrounding cables to the subject site.

 

It is therefore considered appropriate that condition 82 be deleted.

 

Further to the above, and as accepted by the applicant it is considered that the development may be improved by bundling of electricity cables at the front of the site. The condition shall read as follows:

 

113.    The applicant shall meet the full cost for the overhead power lines and telecommunication cables located in the front of the development site to be bundled. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be bundled. All wires cables must be bundled to the satisfaction of the relevant service utility authority prior to the issue of an occupation certificate for the development

 

8.    Section 96 Assessment

 

Under the provisions of Section 96(1), a consent authority may modify a development consent if it is satisfied that the development to which the development as modified is substantially the same development as the development for which the consent was originally granted; and has considered any submissions made concerning the proposed modifications.

 

9.    Substantially the Same Development:

 

In accordance with Section 96 of the Environmental Planning and Assessment Act, 1979 the proposed changes are considered minor and will result in a development that is substantially the same as the originally approved development. As such they can be assessed under Section 96 of the Act.

 

10. Environmental Assessment

 

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

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

 

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

The proposal is consistent with the aims and objectives of the draft Randwick LEP 2008.

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

Refer to the “DCP- Multi Unit Housing” section of this report.

 

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

Not applicable.

 

 

 

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

The proposed development is consistent with the predominant residential land uses in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality.

 

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

The site has sufficient area to accommodate the proposed land uses and structures. Therefore, the site is considered suitable for the proposed development.

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

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in urban design and development.

Direction 5a:      Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The modifications proposed as part of this application do not alter the wider form and nature of the approved multi unit development. Having regard to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the proposed deletion of condition No. 82 will result in a development that remains substantially the same as the development for which the consent was originally granted.

 

Approval of the modification will not result in any significant environmental impact and will not detract from the integrity of the development nor its relationship with adjoining development. It is therefore considered that the modification to the original development consent is reasonable.

 

Recommendation

 

That Council, as the responsible Consent Authority grant consent under Section 96 of the Environmental Planning and Assessment Act 1979 to modify Development consent No DA/58/2008 for permission to modify the approved development by deleting Condition No. 82 of the original consent relating to underground cabling at 155-157 Arden Street, Coogee in the following manner: 

 

1.     Delete condition 82

 

2.     Add the following condition:

 

        113.  The applicant shall meet the full cost for the overhead power lines and     telecommunication cables located in the front of the development site to    be bundled. The applicant shall liaise directly with the relevant service     utility authorities to organise for the wires/cables to be bundled. All wires         cables must be bundled to the satisfaction of the relevant service utility authority prior to the issue of an occupation certificate for the      development.

 

Attachment/s:

 

1.View

Energy Australia Design Information - Project: SC01047

 

 

 

 


Energy Australia Design Information - Project: SC01047

Attachment 1

 

 














Ordinary Council

22 June 2010

 

 

 

Director City Planning Report No. CP49/10

 

 

Subject:                  3/1 Mulwarree Avenue, Randwick

Folder No:                   DA/673/2009

Author:                   Wendy Wang, Environmental Planning Officer     

 

Proposal:                     Section 82A review of Council’s determination to refuse partial enclosure of the existing balcony to create a new study and replace the windows on the eastern elevation with sliding glass doors (SEPP 1 Objection to Floor Space ratio)

Ward:                      North Ward

Applicant:                Mr J R Plaisance

Owner:                         The owners - Strata Plan No. 82309

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

The subject application seeks a review pursuant to Section 82A of the Environmental Planning and Assessment Act 1979 of the determination pertaining to the original development application No. 673/2009.

 

The original application sought approval for the partial enclosure of the existing terrace to create a new study and replace the windows on the eastern elevation with sliding glass doors. The original application was refused at the Planning Committee meeting of 10 November 2009. 

 

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

 

No submissions were received in regard to the original application or the subsequent Section 82A review.

 

The subject application has been reviewed taking into account the reasons and arguments submitted by the applicant as well as the impact of the proposal upon the two adjoining heritage items at No. 2 Prince Street (to the east) and No. 3 Mulwarree Avenue (to the south).  The modest scale of the proposal, in conjunction with the proposed materials and existing site conditions will result in a development which meets the relevant objectives of the RLEP 1998 and DCP for Multi Unit Housing with regard to development in conservation areas or the vicinity of heritage items. The proposal effectively retains sightlines from public areas to the heritage item, does not disrupt the transition from old to new development and does not detract or overwhelm the heritage items.

 

Having regard to all relevant matters for consideration, the proposal is considered to be acceptable and should not result in any significant adverse impact upon the amenity of the nearby properties and the character of the locality. 

 

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

 

2.    The Proposal

The proposal, the subject of the Section 82A assessment, remains substantially the same development as described in the original application, that is, to partially enclose existing terrace to create a new study and replace the windows on the eastern elevation with sliding glass doors.

 

3.    The Subject Site and Surrounding Area

The subject site is located on the north western corner of Mulwarree Avenue and King Street in Randwick. The site is presently occupied by an existing four (4) storey residential flat building containing 9 units with a frontage width of 11.58m to Mulwarree Avenue and a dominant northern front boundary depth of 39.625m along King Street. The site has an overall site area of approximately 620m². Neighbouring the property to the east is a residential flat building known as No 2 Prince Street and identified as a heritage item. To the south is a double storey residential flat building also identified as a heritage item under Randwick Local Environmental Plan 1998 (RLEP 1998). The surrounding area is residential in character and consists predominantly of various residential flat buildings. Figure 1 is an aerial view of the subject site and surrounding area. Photo 1, 2 & 3 are of the subject residential flat building.

 

Figure 1: The subject site and surrounding area showing approximate location of the proposed development (yellow shade) and identification of the heritage items (bolded in red)

Photo 1: Rear view of the subject flat building taken from same side of King Street, this photo shows the subject balcony in foreground at first floor level.

 

Photo 2: Shows the subject building from the opposite side of King Street with subject balcony in foreground at first floor level.

 

Photo 3: Photo taken from the opposite side of King Street showing the consistency of balconies at either end. The subject unit is at the far end.

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

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

 

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

 

·      Floor Space Ratio (Clause 32)

 

Pursuant to Clause 32 of RLEP 1998, floor space ratios in the 2C zone where the subject land has a site area of less than 700sqm. The standard is set at 0.65:1.

 

The proposed development seeks an additional 4.5sqm of floor area, and when combined with the existing floor space ratio of 0.9:1 it will result in a floor space ratio of 0.94:1. The proposed development exceeds the 0.65:1 standard by 45%. The applicant has submitted an objection under State Environmental Planning Policy No.1 – Development Standards, and has argued that strict compliance with clause 32(2) of RLEP is unreasonable and unnecessary.

 

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

 

Matter 1

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

 

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

 

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

 

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

 

·      The existing terrace for Unit 3 is considerably larger than that provided for other units within the development. Due to the size of the existing terrace, a complying private open space will continue to be provided for the occupants of the development.

·      Approval of the partial enclosure will not affect the existing building footprint on the site, as the enclosure is located above parking structures.

·      The area to be enclosed is located more than 12 metres from the rear boundary of the site. This ensures that the proposal does not impact on the amenity of the adjoining property. As this area is currently open, overlooking will not be further increased as a result of the proposal.

·      The area to be enclosed is directly located under the balcony of the upper level unit and will therefore not significantly add to the bulk of the building.

·      The additional bulk will not result in any loss of solar access for adjoining properties.

·      From a streetscape perspective, the proposal will provide a new window to the King Street elevation. It is important to note that the proposal only includes masonry work to the lower section of the King Street elevation and rear elevation. This will not be visible from King Street or the property to the rear, as it is lower than the balustrade. This ensures that the proposed works will not significantly add to the bulk of the building as viewed from the public domain and the use of glass would not result in an uneven bulk as viewed from King Street.

·      In terms of precedence, this unit is unique, in that it has a large roof terrace attached directly to the living area. Should applications be received by Council to enclose the balconies above, these units would lose the entire private open space provided. Whilst it is acknowledged that precedence is a valid consideration, it should not apply when the circumstances are distinguishable.

·      The proposed additional floor area has been located and designed in such a manner to minimise impacts on the amenity of adjoining properties and the existing streetscape and therefore satisfies the intent of the floor space ratio development standard.

 

Council’s Comment:

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

 

·      The additional floor space is created by a small enclosure of an existing large terraced area fronting King Street. The additional floor space is restricted to the area beneath the balcony of the unit above the subject unit. This will result in a minor and acceptable increase in building bulk when viewed from the street.

 

·      There is a separation of some 12m between the proposal and the subject site’s rear (eastern) boundary. There is also a building separation of 14m between the subject site and the rear of No. 2 Prince Street. This, in conjunction with the proposed use of materials and existing vegetation between the two sites is sufficient in minimising the impact of the proposal on the architectural and historical integrity of the item.

 

·      The proposal does not result in any other matters of non-compliance with respect to the development standards as contained in the RLEP 1998.

 

·      The proposed development fully complies with the maximum building height and external wall height controls specified in RLEP 1998 and maintains a height and scale, which are compatible with other multi unit dwellings in the area. The proposal will not detract from the prevailing character of the locality as only a minor portion of the works will be visible from the street.

 

·      The proposed area to be enclosed is partially screened by existing vegetation and solid terrace balustrade of the subject unit. There is minimal disruption to the overall building envelope and the terrace area will remain substantially open.

 

·      The proposal achieves full compliance with the landscaped area standard under the LEP and does not have an excessive building footprint or site coverage.

 

·      The proposal does not result in any unreasonable adverse impacts on the adjoining residential properties in terms of overshadowing, privacy, view loss or visual bulk and scale.

 

·    The proposal improved the functionality of the existing dwelling without compromising areas for outdoor recreation as the works are located over an existing terrace area.

 

·    The height of the proposal is modest and the use of glass further reduces the appearance of bulk and scale when viewed from adjoining properties and the street.

 

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

 

Matter 2

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

 

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

 

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

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

 

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

 

The proposal is also consistent with the relevant objectives of Residential 2C Zone in that it will allow development of multi unit development, which is consistent with the dominant and desired character of the locality.

 

Matter 3

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

 

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

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

 

The proposed development and variation from the development standard do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not aid in maintaining the ability to  develop  high density housing such as multi unit development, and the like, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

Second

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

 

Comments:

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

Third

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

 

Comments:

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

Fourth

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

 

Comments:

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

 

Fifth

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

 

Comments:

The existing Residential 2C zoning is not considered to be inappropriate for the locality.

 

5.    Site History

 

DA/282/2008 approved the strata subdivision of the flat building, render and painting of exterior and construction of new fence on part of front boundary. These works appear to have been completed appropriately.

 

6.    Community Consultation

 

The proposal has been notified from 8 March 2010 – 23 March 2010 in accordance with the Development Control Plan for Public Notification. No submissions were received.

 

7.    Technical Officers Comments

 

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

 

Heritage Consultant

The application was referred to Council’s Heritage Consultant for comment. The following comments were made:

 

The application

DA/673/2009, originally submitted in September 2009, sought Council’s consent to enclose an existing balcony which forms part of Unit 3 on the first floor of the four storey residential flat building on the subject site (three residential floors over one floor of parking) to permit it to be used as a study opening off the living room. The DA was refused on 10 November 2009 on three grounds, one of which related to heritage issues as follows:

2.   The proposed enclosure does not comply with Clause 46 of the Randwick Local Environmental Plan 1998, in that it would create additional bulk which would detract from the setting of the heritage item located at 2 Prince Street.

 

The other two grounds relate to non-compliance with planning standards and objectives in the LEP and Council’s DCP for Multi Unit Housing. One relates to the proposal’s non-compliance with the FSR standard in the LEP, which the existing building substantially exceeds. The others relate to streetscape and architectural character issues. While these grounds are essentially planning matters, they are closely interrelated with the heritage issue quoted above.

 

The applicant has since lodged an application under s.82A of the EP&A Act 1979 seeking a review of this determination.

 

Discussion of the heritage issues

The building on the subject site is not listed in the LEP as a heritage item and is not within an area listed as a heritage conservation area, but the buildings on the two adjoining sites at No 3 Mulwarree Avenue and No 2 Prince Street are listed as heritage items. The latter buildings are described in the LEP as follows:

§ 3 Mulwarree Avenue              Spanish Mission flats, c.1940

§ 2 Prince Street                     Three-storey 1930s style block of flats

 

Both the building on the subject site and the building at No 2 Prince Street have long and prominent frontages to King Street, and between them these two frontages make up the total building frontage of the block. This frontage is particularly prominent because it contains the main entrances to both buildings, it is the only part of the King Street streetscape with residential flat buildings of this scale and proportions in a generally consistent streetscape of large dwelling houses, and because it faces the large sites and substantially setback buildings of the Randwick Bus Depot and the Randwick Campus of the UNSW.

 

Clause 46 requires Council to take into consideration, inter alia, the likely effect of a proposed development on the heritage significance of a heritage item in its vicinity and on its setting. The subject site is clearly within the vicinity of the two heritage items identified above, and the existing building on the site is a prominent part of the setting of both items. The proposed development would impact visually on the existing building and hence on the setting of the two heritage items. This impact is particularly strong in the case of No 2 Prince Street because of the two buildings’ visual connection as the  major components of the prominent frontage to King Street described in the preceding paragraph.

The letter prepared by aSquare Planning accompanying the current application contains the opinion that:

 

the rear building line of the subject building is located 12 metres from the rear building line at 2 Prince Street and with the presence of trees, is not located directly in the curtilage of this building.

 

I disagree strongly with this opinion; the trees growing in the nature strip outside the two buildings are spindly, scrubby specimens in poor condition. They provide some limited visual screening, but they do not alter the essential fact that the subject building is within the visual curtilage (or setting) of the heritage item.

 

I also disagree strongly with the opinion in the letter that the consistency of the design of the subject building is already disrupted by the large existing terrace attached to Unit 3, and therefore enclosure of the subject balcony is somehow acceptable. In my view enclosure of the balcony would compromise the integrity of the building’s design to enable one unit owner to achieve a marginal increase in floor space. 

 

The subject building does not exhibit the refinement of design and construction that the two neighbouring heritage items display, but nevertheless it is a crisp, well proportioned and well kept example of a ‘three storey walk-up’ and provides a sympathetic and compatible neighbour to the two heritage items. The proposed balcony enclosure would always appear as a piecemeal ad hoc addition and would adversely impact on the aesthetics of the building and hence on the King Street streetscape.

 

Conclusion

The proposed balcony enclosure is an ill conceived proposal which contravenes all applicable planning standards. Its only benefit is a marginal increase in floor space for one unit, but this would only be achieved by compromising the integrity of the building’s design and by an unacceptable impact on the streetscape of King Street and on the setting of the heritage item at No 2 Prince Street and its heritage significance.

 

See Council Officer’s comments response in the following sections.

 

8.    Master Planning Requirements

 

Clause 40A(1) of RLEP 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 4,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The site has a land area of 620m² and a master plan is not required.

 

9.    Reasons for Review

 

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

 

1.      The proposal exceeds the maximum floor space ratio detail in Clause 32 (2) RLEP and does not satisfy the purpose of Clause 32 as the development will result in an adverse impact on the streetscape.

 

Applicant’s Comment:  

The proposal seeks to provide an additional gross floor area of 4.5m2. The existing building provides a floor space ratio of 0.93:1, which does not comply with the control of 0.65:1 for the subject site.

 

The proposed floor space ratio of 0.94:1 was the subject of an objection pursuant to State Environmental Planning Policy No. 1 – Development Standards. The assessment report did not support this SEPP 1 objection on the grounds that:

 

The variation from the floor space ratio control is inconsistent with the aims of SEPP 1 and would detract from the objects of the Act under Section 5(a)(i) and (ii), specifically, in that the resultant development would result in an adverse impact to the existing flat buildings consistent form and style along King Street, the setting of the adjoining heritage item and the locality. In this respect, the proposal development would not represent the orderly and economic development of the subject land.

 

It is considered that the proposed development does not achieve the purpose of the standard in that:

 

·      The proposal alters the existing features of the flat buildings elevation along King Street be enclosing an otherwise open balcony which is otherwise consistent with other balconies on the flat building.

·      The flat building in the line of sight of the Heritage item located at 2 Prince Street and is noticeable along the King Street level.

·      The proposed development whilst seeking to improve functionality by providing additional floor space, would result in additional bulk that would detract from the otherwise open style balconies above and at the other end of the flat building. The uneven bulk would set a poor precedent for rejuvenating old residential flat buildings.”

 

Clause 20F sets out the control for the floor space ratio development standard and outlines the purpose as:

 

“To operate together with controls for building height and landscaped area to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area.”

 

The proposal seeks to enclose part of the existing terrace area of Unit 3. The existing terrace for Unit 3 is considerably larger than that provided for other units within the development. Due to the size of the existing terrace, a complying private open space will continue to be provided for the occupants of the development. Therefore, approval of the non-complying FSR will not impact on the landscaped area provided for this development.

The subject terrace is located above the existing garages accessed from King Street. Approval of the partial enclosure will not affect the existing building footprint on the site, as the enclosure is located above parking structures.

 

The area to be enclosed is located more than 12 metres from the rear boundary of the site. This ensures that the proposal does not impact on the amenity of the adjoining property. As this area is currently open, overlooking will not be further increased as a result of the proposal.

 

The area to be enclosed is directly located under the balcony of the upper level unit and will therefore not significantly add to the bulk of the building. The additional bulk will not result in any loss of solar access for adjoining properties.

 

From a streetscape perspective, the proposal will provide a new window to the King Street elevation. It is important to note that the proposal only includes masonry work to the lower section of the King Street elevation and rear elevation. This will not be visible from King Street or the property to the rear, as it is lower than the balustrade. This ensures that the proposed works will not significantly add to the bulk of the building as viewed from the public domain and the use of glass would not result in an uneven bulk as viewed from King Street.

 

In terms of precedence, this unit is unique, in that it has a large roof terrace attached directly to the living area. Should applications be received by Council to enclose the balconies above, these units would lose the entire private open space provided. Whilst it is acknowledged that precedence is a valid consideration, it should not apply when the circumstances are distinguishable.

 

The proposed additional floor area has been located and designed in such a manner to minimise impacts on the amenity of adjoining properties and the existing streetscape and therefore satisfies the intent of the floor space ratio development standard.

 

It is therefore requested that the SEPP 1 objection with respect to the floor space ratio development standard by supported in the circumstances of this case.

 

Council’s Comment:

Agreed. The proposal is considered to be suitable for the site, having regard to the objectives and considerations of the relevant Clauses of the LEP. The SEPP 1 objection prepared by the applicant has addressed the consistency of the proposed development with the underlying and stated purposes of the standard, the local planning objectives for the locality and objectives of the Act. The objection has appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case. As such, it is considered that the objection is well founded.

 

2.      The proposed enclosure does not comply with Clause 46 of the Randwick Local Environmental Plan 1998, in that it would create additional bulk which would detract from the setting of the adjacent heritage item located at 2 Prince Street.

 

Applicant’s Comment:  

Clause 46 of the Randwick LEP 1998 requires Council to take into consideration the likely effect of the proposed development on the heritage significance of a heritage item in its vicinity and its setting.

 

The property to the rear, 2 Prince Street, is listed as a heritage item in Schedule 3 of the LEP and the Randwick Heritage Study Inventory Sheet notes that the building is a “good example of a 1930s/1940s flat building featuring decorative brick; excellent streetscape as part of a group on Prince Street and on King Street.”

 

The rear building line of the subject building is located 12 metres from the rear building line of the heritage item at 2 Prince Street and with the presence of trees, is not located directly in the curtilage of this building.

 

It is also noted that Council’s Heritage Officer raised a concern in the original proposal, as “the proposed work will detract from the consistency of the existing elevations.”

 

It is acknowledged that the subject building does display some degree of consistency.  However, the subject unit has a terrace area, which is significantly larger than the balconies above and this in itself already disrupts the consistency.

 

Council’s Comment:

The proposal results in minimal visual impact to the heritage item at No. 3 Mulwarree Avenue as it is located to the rear of the subject site.

 

There is a separation of some 12m between the proposal and the subject site’s rear (eastern) boundary which adjoins the heritage item at No. 2 Prince Street. There is also a building separation of 14m between the subject site and the rear of No. 2 Prince Street. This, in conjunction with the proposed use of materials and existing vegetation between the two sites is sufficient in minimising the impact of the proposal on the architectural and historical integrity of the item.

The subject building has undergone substantial external alterations and was recently rendered and provided with a new masonry/paling boundary fence. The building is now (while still respecting the adjoining heritage items) of a relatively contemporary design with a number of elements (such as balconies, entry portico, fencing and parking structures fronting King Street) which provide visual interest and breaks up the otherwise monotonous appearance of the King Street elevation.

The subject terrace is a disruption to the consistency of the elevation in itself as it is the only and substantially larger outdoor terrace area on the entire building.  Notwithstanding comments from Council’s Heritage Consultant, it is considered that the inconsistencies provide additional articulation and do not have a significant visual impact upon the nearby heritage items.

The entire portion of terrace proposed to be enclosed is located within the existing building footprint. The enclosure is elevated over an existing garage at the ground floor. The proposal will maintain the existing building line and represents minimal disruption to the streetscape and nearby heritage items.

 

The modest scale of the proposal, in conjunction with the proposed materials and existing site conditions will result in a development which meets the relevant objectives of the DCP with regard to development in conservation areas or the vicinity of heritage items. The proposal effectively retains sightlines from public areas to the heritage item, does not disrupt the transition from old to new development, does not detract or overwhelm the heritage items and should be supported

 

Subject to a comprehensive assessment of the overall impacts of the proposal and its minor nature, the applicant has demonstrated, to the satisfaction of Council’s Assessment Officer that variation from the FSR control as per the RLEP 1998 will not result in an unacceptable adverse impact to the streetscape or identified built or landscape elements, heritage views or vistas, or to the significance of the nearby heritage items. The Section 82A review is supported and it is recommended that Council’s determination of the original development application should be rescinded and the application should be approved subject to conditions.

 

3.      The proposed development does not meet the objectives of the DCP for Multi Unit Housing which discourages piecemeal enclosure of balconies which adversely impact of the architectural character of the buildings.

 

Applicant’s Comment:  

Section 4.1 of the Multi Unit Housing DCP set outs the requirements for landscaping and private open space and refers to the requirements under Clause 31 of Randwick LEP 1998.

 

A note is provided within the section, which reads:

 

Note: The piecemeal enclosure of balconies on buildings, in particular where a precedent on existing buildings does not exist, is strongly discouraged. Enclosed balconies are included in the calculations of floor space.

 

The proposal does not seek to alter the existing provision of landscaped area on the site. The subject dwelling will have an area of private open space of 18m2, being 3 metres x 6 metres, which is in excess of Council’s requirements for above ground level dwellings.

 

As discussed above, in terms of precedence, this unit is unique, in that it has a large roof terrace attached directly to the living area. Should applications be received by Council to enclose the balconies above, these units would lose the entire private open space provided. Whilst it is acknowledged that precedence is a valid consideration, it should not apply when the circumstances are distinguishable.

 

Council’s Comment:

Agreed. The proposal will result in minimal additional bulk and incorporates a number of features which assist in reduction of the apparent bulk including:

- maintaining the existing articulation of the external facades of the building by retaining the terrace, balconies, and overall contemporary design

- the proposed use of materials (primarily glass) which aids in minimising additional bulk through rendered surfaces/darker colours/concrete etc.

It is considered that the proposed development represents a reasonable approach to variations in massing and creating visual interest.

The proposed use of materials is considered to be appropriate in that it will serve to minimise the visual impact, as well as bulk and scale when viewed from King Street. Although the remaining balconies on the subject building are of a relatively consistent open design, it would be onerous to argue that the proposed glass enclosure would set a negative precedent for the other dwellings in the building as the subject dwelling is unique, being the only with a large terrace accessible directly from internal living areas. There is ample residual outdoor space capable of providing the occupants with a reasonable level of amenity whereas the remaining units in the building have access only to their respective balconies.

 

 

 

9.1      Substantially the same development.

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

 

10. 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.

-      Randwick Local Environmental Plan 1998.

-      Building Code of Australia.

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

-      Development Control Plan– Multi Unit Housing

-      Development Control Plan- Parking

-      Section 94 Contributions Plan

 

(a)    Randwick Local Environmental Plan 1998

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

 

Clause 12 – Zone No 2C (Residential 2C Zone)

The relevant objectives of Zone No 2C are:

 

(a)  to allow a variety of housing types within residential areas, and

(c)  to enable residential development in a variety of medium density housing forms where such development does not compromise the amenity of surrounding residential areas, and

(d)  to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality, and

 

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

 

Clause 32 Floor Space Ratio

Clause 32 of LEP 1998 states that a maximum floor space ratio for land zoned 2C is 0.9:1.  However, if the site is located on land zoned 2C and has less than a total site area of 700sqm, the floor space ratio is 0.65:1.

 

The subject site has an approximate area 620sqm. The proposal has a floor space ratio of 0.94:1 and, therefore, does not comply. The applicant has submitted a SEPP 1 objection to the standard addressed previously.

 

Clause 33 Height

Clause 33 of LEP 1998 imposes a maximum overall building height of 12 metres for buildings on land zoned 2C.  It also imposes a maximum external wall height of 10 metres for buildings on land zoned 2C. 

 

The proposed development has a maximum external wall height of 5.4 metres and, therefore, complies.

 

Clause 46 Vicinity of a Heritage Item

Clause 46 requires Council, when determining an application for consent to carry out development on land in the vicinity of a heritage item, a heritage conservation area or a known or potential archaeological site, take into consideration the likely effect of the proposed development on the heritage significance of the heritage item, heritage conservation area or known or potential archaeological site and on its setting.

 

Taking into account the above matters, it is considered that the proposal results in minimal visual impact to the heritage item at No. 3 Mulwarree Avenue as it is located to the rear of the subject site.

 

In addition, there is a separation of some 12m between the proposal and the subject site’s rear (eastern) boundary which adjoins the heritage item at No. 2 Prince Street. There is also a building separation of 14m between the subject site and the rear of No. 2 Prince Street. This, in conjunction with the proposed use of materials and existing vegetation between the two sites is sufficient in minimising the impact of the proposal on the architectural and historical integrity of the item.

 

The subject building has undergone substantial external alterations and was recently rendered and provided with a new masonry/paling boundary fence. The building is now (while still respecting the adjoining heritage items) of a relatively contemporary design with a number of elements (such as balconies, entry portico, fencing and parking structures fronting King Street) which provide visual interest and breaks up the otherwise monotonous appearance of the King Street elevation.

The entire portion of terrace proposed to be enclosed is located within the existing building footprint. The enclosure is elevated over an existing garage at the ground floor. The proposal will maintain the existing building line and represents minimal disruption to the streetscape and nearby heritage items.

The subject terrace is a disruption to the consistency of the elevation in itself as it is the only and substantially larger outdoor terrace area on the entire building.  Notwithstanding comments from Council’s Heritage Consultant, it is considered that the inconsistencies provide additional articulation and do not have a significant visual impact upon the nearby heritage items. The modest scale of the proposal, in conjunction with the proposed materials and existing site conditions will result in a development which meets the relevant objectives of the DCP with regard to development in conservation areas or the vicinity of heritage items. The proposal effectively retains sightlines from public areas to the heritage item, does not disrupt the transition from old to new development, does not detract or overwhelm the heritage items and should be supported

 

Subject to a comprehensive assessment of the overall impacts of the proposal and its minor nature, the applicant has demonstrated, to the satisfaction of Council’s Assessment Officer that variation from the FSR control as per the RLEP 1998 will not result in an unacceptable adverse impact to the streetscape or identified built or landscape elements, heritage views or vistas, or to the significance of the nearby heritage items. The Section 82A review is supported and it is recommended that Council’s determination of the original development application should be rescinded and the application should be approved subject to conditions.

 

(b)    State Environmental Planning Policy Affordable Housing 2009

The building has been strata subdivided and as such the SEPP is not applicable.

 

(c)    State Environment Planning Policy (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 alterations and additions to an existing multi-unit housing development with a cost of development less than the $50,000 threshold which means that BASIX is therefore not applicable.

 

10.1  Policy Controls

 

a.      Development Control Plan - Multi-Unit Housing

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Height

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

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

10m external wall height

The proposal is of a minor nature with a scale which is compatible with the existing multi unit development and surrounding built environment. The partial balcony enclosure will not detract from the prevailing character of the locality.

The proposal will result in minimal additional bulk and incorporates a number of features which assist in reduction of the apparent bulk including: 

- maintaining the existing articulation of the external facades of the building by retaining the terrace, balconies, and overall contemporary design

- the proposed use of materials (primarily glass) which aids in minimising additional bulk through rendered surfaces/darker colours/concrete etc.

It is considered that the proposed development represents a reasonable approach to variations in massing or creating visual interest.

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.

 

 

Building Setbacks