Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 8 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee

8 June 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Planning Committee Meeting

 

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 8 June 2010 at 6:00pm.

 

 

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

 

Quorum:                           Eight (8) members.

 

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes
Planning Committee Meeting - 11 May 2010

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application Reports

D31/10      194-196 Beach Street, Coogee

D32/10      30 Roberts Avenue, Randwick

D33/10      133 Carrington Road, Coogee

D34/10      135 Carrington Road, Coogee

D35/10      1/34 McKeon Street, Maroubra

D36/10      45 Carr Street, Coogee

D37/10      10 Ivy Street, Randwick

D38/10      9 Tower Street, Coogee

D39/10      4 McLennan Avenue, Randwick

D40/10      40 Hughes Avenue, Maroubra

Miscellaneous Reports

Nil   

Notice of Rescission Motion

NR4/10      Notice of Rescission Motion from Crs Matson, Tracey & Woodsmith - 88-102 Moverly Road, South Coogee  

 

 

 

……………………………………………………

Ray Brownlee

General Manager


Planning Committee

8 June 2010

 

 

 

Development Application Report No. D31/10

 

 

Subject:                  194-196 Beach Street, Coogee

Folder No:                   DA/909/2009

Author:                   David Mooney, Environmental Planning Officer     

 

Proposal:                     Demolish existing dwelling and construct 2 semi-detached dwellings with basement garages.

 

Ward:                      East Ward

 

Applicant:                Peter Mcguire

 

Owner:                         Peter McGuire

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

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

 

The proposal is for demolition of the existing dwelling and construction of 2 dwellings with basement garages. The proposal is for 2 dwellings, but it is not a dual occupancy or multi-unit housing because each dwelling is on a separate Torrens lot.

 

The site is on the western side of Beach Street South of Neptune Street, Coogee. It is made of 2 Torrens lots and has a combined area of 551.8m2. There are apartment buildings to the north, south and west. The land is zoned 2C Residential.

 

There are objections on the grounds of height, bulk, scale, overshadowing, loss of privacy and views, impact on street parking and streetscape among other things. Amended plans address some of the issues and others are addressed in this report.

 

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

 

Approval, subject to conditions, is recommended.

 

2.    The Proposal

 

The proposal is for demolition of the existing buildings and construction of 2 semi-detached dwellings with basement garages. The proposal was amended by submission to Council 23 April 2010 to:

 

·           Reduce the width of garage openings and increase setback to the street,

·           Increase side setbacks at lower level, and

·           Reduce floor space ratio and increase landscaped area.

 

The proposal was further amended by submission to Council 14 May 2010 to reduce the height and scale of the sand-stone clad garage façade.

 

The proposed amendments reduced the size of the building and decreased its impacts so they were not re-notified.

 

The proposal is for 2 dwellings, but it is not a dual occupancy or multi-unit housing because each dwelling is on a separate Torrens lot. While joined by a common wall, the buildings qualify as 2 separate BCA-Class 1a buildings. Each satisfies the definition for dwelling house in the LEP and is permissible with consent as such on the site.

 

3.    The Subject Site and Surrounding Area

 

The site is on the western side of Beach Street South of Neptune Street, Coogee. It is made of 2 Torrens lots and has a combined frontage of 13.715m, a depth of 40.235m and a combined area of 551.8m2. The site falls on a north-east aspect approximately 1.5m toward the street. There are 2 semi-detached brick dwellings on the site. There are apartment buildings to the north, south and west. The land is zoned 2C Residential.

 

Figure 1 – An aerial photograph of the site

 

1.       Site History

 

The existing semi-detached dwellings appear in a 1930 aerial photograph of the site and pre-date Council’s approval records.

 

A 2002 development application for a garage in front of 194 Beach St was refused consent because of the impact on the character of the existing buildings and the streetscape. A 1984 building application for a similar proposal in front of 196 Beach St was also refused.

 

2.       Community Consultation

 

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

 

·         195 Beach St

·         198 Beach St (strata manager)

·         1/198 Beach St

·         2/198 Beach St

·         3/198 Beach St

·         4/198 Beach St

·         3/200 Beach St

·         4/200 Beach St

·         5/202 Beach St

·         2/3 Neptune St

·         3/3 Neptune St

 

 

Issue: The proposed height exceeds the foreshore protection area height of 5m.

 

Comment: There is no maximum height resulting from Clause 29 of the LEP; only that buildings over 5m require consent, and that Council must consider probable aesthetic appearance. Building height and probable aesthetic appearance are addressed in this report.

 

Issue: FSR does not comply and is an overdevelopment.

 

Comment: The proposed bulk and scale of the development is comparable to some of the smaller apartment buildings in the street. The streetscape is dominated by considerably larger apartment buildings. The proposed FSR is addressed in more detail in the Environmental Assessment section of this report.

 

Issue: The proposal will increase demand on utilities.

Comment: The proposed development will retain two dwellings on their individual allotments and therefore this is no change to the status quo.

 

Issue: Excavation does not comply and could cause subsidence and damage to 198 Beach St

 

Comment: There is a condition in the recommendation that requires the excavations to be carried out and shored in a professional and safe manner.

 

Issue: The subject site and 198 Beach St are separated only by a 92cm path. Construction work and excavations to the boundary would obstruct pedestrian access to 198 Beach St.

 

Comment: Pedestrian access to 198 Beach St is legally protected by a right-of-way on the title of 196 Beach St. Excavations are setback 900mm from the common boundary. This matter does not require additional town-planning conditions.

 

Issue: Loss of solar access to 198 Beach St and in particular to 2/198 and 4/198 Beach St.

 

Comment: Solar access is addressed in the Environmental Assessment section of this report.

 

Issue: The driveways are too wide to comply and will reduce street parking by almost 4 spaces.

 

Comment: The driveways were reduced to 3m width and now satisfy the DCP preferred solutions. The existing semi detached dwellings do not have off-street parking and the proposed garages fully accommodate the parking demand generated by the proposed development, ostensibly increasing the availability of parking in the street, despite the need for 2 new kerb cross-overs.

 

Issue: The front doors are not visible from the street and do not comply. The proposed side entrance is opposite the side entrance of 198 Beach St and will impact on privacy and security.

 

Comment: Side entrances are a typical and common response to narrow lot frontages because front entrances require lengthy internal hall-ways that are a waste of floor area. The side entrance are adequately off-set from neighbouring entrances. There is adequate surveillance of the street and side corridors and this design is acceptable.

 

Issue: The garages exceed the building line and impact on the street character.

 

Comment: The garage façade was lowered and set further back from the street. This issue is addressed in the Environmental Assessment section of this report.

 

Issue: Excessive height, bulk and scale, FSR and minimal setbacks impacting on solar access, privacy, pedestrian access, views (at 3/198 Beach St) and street character.

 

Comment: These issues are addressed in the Environmental Assessment section of this report.

 

Issue: Additional pressure on street parking. Safety issues and illegal parking.

 

Comment: The proposal provides parking on the site in accordance with the preferred solutions in the DCP.

 

Issue: The 2 dwellings are dissimilar and do not satisfy the preferred solutions for ‘symmetry’ in the DCP.

 

Comment: These preferred solutions apply only to additions to a semi-detached building, and not to a new development.

 

Issue: The garage façade treatment on the street boundary closes off any vista across the property. The dwelling would not be visible from the footpath.

 

Comment: The amended plans adequately address this problem by substantially lowering the garage façade and setting it off the street boundary.

 

Issue: Loss of views from 198, 3/200 and 4/200 Beach St, 2/3 Neptune and 3/3 Neptune St, Coogee. Loss of value and enjoyment of property.

 

Comment: View sharing is addressed in the environmental assessment section of this report.

 

Issue: Impact on privacy at 2/3 Neptune St, Coogee. Large windows face our lounge room, dining room and balcony.

 

Comment: Impact on privacy is addressed in the Development Control Plan section of this report. The windows in question are 13m distant from the common boundary and do not require additional screening according to the DCP preferred solutions.

 

Issue: The proposal is prohibited as semi-detached housing under the standard instrument, or if it is permissible it must be multi-unit housing and is subject to LEP development standards for which SEPP 1 objections are required in this case.

 

Comment: The Standard Instrument definitions do not (yet) apply to Randwick. The proposal is properly classified as 2 dwellings houses. While they are attached on a common boundary, they are on separate lots and have a single dwelling house classification under the BCA. The LEP development standards do not apply to single dwelling houses.

 

Issue: Loss of privacy at 198 Beach St from south facing windows.

 

Comment: Any south facing window that looks directly onto a window at 198 Beach St is installed with obscure glass.

 

Issue: Loss of ventilation and coastal breezes to 198 Beach St.

 

Comment: The proposal satisfies the preferred solutions for setback and consequently the performance requirements which include ventilation.

 

Issue: Incomplete statement of environmental effects with inadequate and erroneous justification for non-compliance with DCP preferred solutions.

 

Comment: Statements of Environmental Effects are prepared by the applicant and are rarely adverse to the applicant’s proposal. Nevertheless, the development application documents are professionally prepared and adequate to allow the Assessing Officer to make a full and accurate assessment of the proposal.

 

Issue: There is no geo-technical investigation for the proposed excavations.

 

Comment: There are conditions in the recommendation that require excavations to be carried out in a professional and safe manner.

 

Issue: The proposal does not satisfy the zone objectives.

 

Comment: Yes it does. This matter is addressed in the Environmental Planning Instrument section of this report.

 

Issue: The ‘buildability’ of the proposal has not been demonstrated because there is no geo-technical report addressing the impact of excavations or any detail about how the construction would be carried out without obstructing access to adjoining properties.

 

Comment: There are conditions in the recommendation that require excavations to be carried out in a safe and professional manner. Pedestrian access to 198 Beach St is protected by a legal right-of-way. The ‘buildability’ of the proposal may take some figuring out, but it is not impossible.

 

6.    Technical Officers Comments

 

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

 

Development Engineer

 

An application has been received for construction of 2 new dwellings at the above site.

 

This report is based on the following plans and documentation:

Drwg No’s DA01-09 by Habitat Architects dated November 2009;

 

Landscape Comments

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

 

Drainage Comments

The subject site is not located within an on-site detention area.

 

Due to site constraints and ground conditions a 5 m2 base infiltration area/rubble pit has not been requested. Stormwater shall be piped to a silt arrestor pit that drains to Council’s kerb and gutter.

 

7.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

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

 

Clause 12 Zone Objectives

The proposal is permissible with development consent in the 2C zone as 2 dwelling houses on 2 separate Torrens Lots. The proposal is compatible with the relevant zone objective:

 

The objectives of Zone No 2C are:

(a) to allow a variety of housing types within residential areas

 

Clause 29 Foreshore Scenic Protection Area

There is no direct visual relationship between the site and the foreshore. Nevertheless, the proposal is presented in an aesthetically sound and contemporary manner that is suited to the coastal suburb of Coogee as can be seen in the photomontage in figure 2. This is adequate to satisfy clause 29, which requires:

 

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

 

Figure 2 – Photomontage of the proposal in Beach Street[1]

 

SEPP (Building Sustainability Index: BASIX) 2004.

The proposal is for a new dwelling and the applicant has provided a BASIX certificate in accordance with the requirements of the SEPP. The provision of a certificate indicates that compliance with the current targets set for energy and water conservation have been met by the development. The certificate also identifies the measures to be shown on Development Application plans to ensure these targets are maintained through to construction.

 

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

 

Section 94A 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

$3,141,282

1.0%

$31,412.82

 

Randwick LEP 1998 (Consolidated)

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

Development Control Plan –Dwelling Houses 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.

 


DCP – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

194

196

Y/N

Landscaping

40 % of site provided as landscaped area

46%

48%

Yes

25m² of private open space provided.

84m2

84m2

Yes

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

12x7

12x7

Yes

Open space behind the building line.

Yes

Yes

Yes

20% of the site area is permeable.

24%

24%

Yes

Floor area

(Site 276m2 each) max FSR 0.65:1 

1.08:1

1.18:1

No

Height, Form & Materials

External wall height maximum 7m

8.33

8.04

No

External wall height to the rear max 3.5m.

n/a

n/a

n/a

Cut or fill maximum 1m.

 

 

 

No excavation within 0.9m of a side boundary.

0m

0.9m

No

No excavation within 4m of a rear boundary.

No

No

Yes

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

n/a

0m<1.5m

Yes

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

n/a

n/a

n/a

Building setbacks

Front setback ave of adjoining or 6m

2.5m

2.5m

Yes

Rear boundary setback at least 4.5m

12m

12m

Yes

Side setbacks be 900mm at ground level.

1.52

1.52

Yes

Side setbacks be 1.5m at second floor level.

1.52

1.52

Yes

Side setbacks be 3.0m at third floor level.

n/a

n/a

n/a

Visual & Acoustic Privacy

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

Side windows generally obscured or screened. Windows W2, W4, W12, W14 require condition of consent for screening.

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

No additional screening required for front terraces or rear elevated walkway.

 

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

Obscure glass used.

Safety & Security

Front doors of dwellings are visible from the street.

No

No

No

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

Yes

Yes

Yes

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

Standard consent condition

Garages & Driveways

 

Garages & Driveways

(continued)

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

2

2

Yes

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

Yes

Yes

Yes

Driveway minimum width of 3m and side setback 1m

3/1

3/1

Yes

Driveway maximum width of 3m at the boundary.

3m

3m

Yes

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

Yes

Yes

Yes

Garages and carports to rear lanes set back 1m.

n/a

n/a

n/a

Parking and access is provided from the rear.

n/a

n/a

n/a

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

No

No

No

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

44%

44%

No

Fences

Sandstone fences and walls are retained/recycled.

Consent condition

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

No

Yes

No

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

No

n/a

No

Foreshore Development

 

No encroachments on Foreshore Building Line.

n/a

n/a

n/a

Stepped buildings on sloping sites are articulated.

Street façade is adequately articulate and reflects a human scale.

Form, colour, materials and finishes are sympathetic.

Consent condition

Buildings incorporate setbacks to allow sharing of views.

View sharing considered in the Environmental Assessment section.

Ancillary structures do not detract from appearance.

n/a

n/a

n/a

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX assessment

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

No

No

No

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

No

No

No

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

Yes

Yes

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

No

No

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

Yes

Yes

Yes

 

8.    Environmental Assessment

 

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

 

Floor Space Ratio

The proposed floor space ratios are 1.08:1 and 1.18:1 and exceed the maximum preferred solution of 0.65:1. When calculated to exclude the large basement storage areas the floor space ratios are 0.78:1 and 0.79:1. These lower calculations are more indicative of the above ground building mass, which is considerably less than the above ground floor area of many other buildings in the immediate streetscape:

 

Address                                   Floor Space Ratio

·      204 Beach St                       0.9:1

·      202 Beach St                       0.83:1

·      200 Beach St                       0.84:1

·      198 Beach St                       0.74:1 (estimated)

·      196 Beach St                       0.78:1 (proposal)

·      194 Beach St                       0.79:1 (proposal)

·      192 Beach St                       1.1:1

 

All of the buildings in Beach St between Neptune St and Oberon St are multi-unit buildings. It is difficult to compare dwellings as proposed, with multi-unit buildings. Nevertheless, the character of the street does have a formula. Taller larger apartment buildings tend to have larger side setbacks, whereas the lower and smaller buildings are closer to side boundaries. All have setbacks to the street, except for one single garage to the south.

 

The proposal can be said to have bulk and scale that is compatible with the streetscape. The proposed floor space ratio is generally less than the apartment buildings nearby. The proposal has massing, setbacks and placement that is compatible with the other smaller buildings in the street. Its footprint satisfies the DCP preferred solutions for setbacks and overall landscaped area and the height encroachments are consistent with the streetscape (see discussion on external wall height next). The building satisfies the DCP performance requirement for floor area:

 

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

 

 

External wall height

The external walls are generally 7.5m above existing ground level and up to 8.3m high at the front of the building where the site falls away to the street. The wall heights are consistent with the wall height of the apartment building to the south as can be seen in the figure 4 below. The parapet of the southern side wall can be reduced in height by 300mm to minimise overshadowing without compromising the style of the building. This is included as a condition in the recommendation. The building, as modified by the condition to reduce the southern parapet, satisfies the DCP performance requirement for external wall height:

 

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

 

Buildings are designed to preserve privacy and natural light access for neighbouring residents”

 

Buildings are designed to allow a sharing of views [view sharing is considered separately in this report]”

 

Figure 4 A streetscape elevation showing the comparative wall heights and side setbacks for the proposed development (centre) and the buildings on either side (south is left)

 

 

Solar Access for the proposal

Sunlight to the existing lot is already hindered by the 4 storey apartment building to the north and the 3 storey apartment building to the west and north-west. Nevertheless, solar access to the proposed dwellings is maximised during the winter solstice so that:

 

·      East facing living rooms and terraces receive morning sun for about 2½ hours from 9am. The north side dwelling continues to receive sunlight probably until slightly after noon.

 

·      The rear courtyards receive direct sunlight for about an hour during the afternoon.

 

·      Importantly, the kitchens and living areas receive borrowed light throughout the day from sky-lights in the roof strategically placed over the stair-wells.

 

The proposal can be said to satisfy the relevant performance requirement for solar access, which is:

 

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

 

Solar Access for the neighbours

Solar access during the winter solstice is reduced on the northern elevation of the southern building at 198 Beach St as shown in figure 4 below. Existing shadows are shown in light grey and the proposed shadows are shown in dark grey.

 

Figure 4 – Additional overshadowing on the northern elevation of 198 Beach St

 

 

The additional overshadowing is quite severe, but there are mitigating circumstances:

 

·      The proposed building generally complies with the performance requirements for external wall height and setback in the DCP. There is a condition of consent lowering the height of the parapet on the southern wall by 300mm to maximise solar access to the south.

 

·      The proposed building is considerably lower than the development standard that applies under the LEP (10m).

 

·      The affected building is vulnerable because it is just 700mm from its northern boundary and located in Council’s highest density 2C residential zone. In the Court’s Planning Principle for solar access[2], Senior Commissioner Moore opines that vulnerable buildings and those in high density zones have less of a claim to retain solar access because it is harder to protect.

 

In view of the mitigating circumstances, the proposal can be said to satisfy the relevant DCP performance requirement, which is:

 

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

 

Excavations and cut and fill

There are excavations averaging approximately 2m (and are up to 2.8m) for the proposal. They abut the northern boundary and are 900mm from the southern boundary. There are also site cuts in the rear yard up to 2.5m for the rear courtyards. The excavations will need to be performed and shored in a professional and sound manner. There are conditions in the recommendation that also require a dilapidation report on adjoining dwellings if necessary. The proposed excavations are acceptable.

 

Garage

The garage façades originally protruded in front of the dwellings but were amended to be flush with the front terrace. The garage doors are 44% of the site width, exceeding the maximum of 35%. There are mitigating factors. The site is narrower than anticipated by the suite of preferred solutions and the garage actually makes up a much less significant portion of the full street façade of the dwelling than is suggested by the 44% calculation. The departure is acceptable.

 

View-Loss

There are views over the site from properties to the south and west. There were objections on the grounds of view loss from the owners at:

 

·      3/198 Beach St, Coogee

·      3/200 Beach St, Coogee

·      4/200 Beach St, Coogee

·      2/3 Neptune St, Coogee

·      3/3 Neptune St, Coogee

 

View sharing is considered after the planning principles in Roseth SC pp25-29 Tenacity Consulting v Warringah [2004] NSWLEC 140.

 

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

 

The proposed development is likely to obstruct or partially obstruct views over the site from dwellings to the south and west. Some of the views over the site are potentially very good and highly valued. They include parts of Coogee Beach, Dunningham Reserve and the Bali Memorial, Wedding Cake Island and the ocean.

 

The cadastral arrangement of affected land means that the views are obtained over side boundaries. They are obtained from balconies and living areas and frequently from a sitting position. Some views are very vulnerable, because the sight-lines are low over the development site, and others are not.

 

Principle: Assess the extent of the impact

 

The Assessing Officer visited 4 dwellings to the south and east to observe the potential view loss:

 

 


2/3 Neptune Street

Views to the ocean from this east facing balcony would be mostly obstructed. In this photograph the top of the proposed parapet aligns approximately with the top of the chimneys of the existing building. A standing view of the horizon would remain. Preservation of other views from this site would unreasonably limit the proposed development to a single storey.

 

3/198 Beach Street

Views north to Dunningham reserve (and beyond) from this north facing living room would be obstructed. Modifications to the proposed building to retain them would be unreasonable. This property preserves views to the east and views from the balcony to the north as can be seen in the photographs below.

3/200 Beach Street

The proposed building is slightly above the white parapet shown in this photograph and slightly below the brown ridge also shown. Standing views to the shoreline would be retained. As would views to the east as shown in the photograph below. Modifications to retain these views are unnecessary because the view loss is minor.

4/200 Beach Street

In this photograph the proposed building is between the brown roof on the left and the white building on the right. It partially obstructs ocean view. Standing views to the coast-line and horizon would remain. Views to the north and east would be retained from the balcony as can be seen below. Modifications to retain these views are unnecessary because the view loss is minor.

 

Assess the reasonableness of the proposal that is causing the impact

View-sharing in this case is primarily affected by the street setback of the upper levels and overall building height. Any changes to the proposal to improve view sharing would need to involve building height or the upper level street-setback.

 

The building is generally 7.5m high and up to 8.33m high at its highest. It is considerably lower than the 10m/12m height limit that applies under the LEP (2C Zone). It approximates the height above ground of the apartment building to the south and it is considerably lower than the apartment building at 198 Beach St to the north. The proposed parapet is 2 storeys lower than that apartment building at 192 Beach St and 700mm lower overall relative to AHD. The street setback at upper levels is greater than buildings on either side. The proposed building is smaller than the LEP height envelope and view sharing is actually more generous than would be the case for a building that was higher and, nevertheless, complied with the maximum building and external wall height specified in the LEP.

 

Modifications to reduce the height of the building, or increase the upper level setback to the street, while technically feasible, would be unreasonable because it is already one of the lowest in the street and the upper levels already have greatest setback from the street.

 

Conclusion

The proposed view sharing 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

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

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 demolition of the existing dwelling and construction of 2 dwellings with basement garages. The proposal is for 2 dwellings, but it is not a dual occupancy or multi-unit housing because each dwelling is on a separate Torrens lot.

 

The site is on the western side of Beach St South of Neptune St, Coogee. It is made of 2 Torrens lots and has a combined area of 551.8m2. There are apartment buildings to the north, south and west. The land is zoned 2C Residential.

 

There are objections on the grounds of height, bulk, scale, overshadowing, loss of privacy and views, impact on street parking and streetscape among other things. Amended plans address some of the issues and others are addressed in this report.

 

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

 

Approval, subject to conditions, is recommended.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/909/2009 for demolish existing dwelling and construct 2 semi-detached dwellings with basement garages at 194-196 Beach Street, Coogee, subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered DA01 to DA11 received by Council 17 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.       The parapet above the southern elevation must be reduced in height by 300mm to minimise overshadowing. The Construction Certifcate Plans must show the parapet above the southern elevation no higher than RL47.74

 

9.       Privacy treatment must be applied to windows W2, W4, W12, W14 to prevent overlooking into the adjacent bedroom windows at 192 Beach St. Design details muse be submitted to Council for approval before a Construction Certificate is issued.

 

10.     Any recoverable sandstone from the existing front boundary wall must be re-used on the site. A management plan must be prepared for the re-use must be submitted to Council for approval before any work begins on the site. The management plan must also be specified in the Demolition Work Plan required at condition 29 of this consent.

 

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

 

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

 

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

 

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

 

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

 

 

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

 

12.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $3,141,282.00           the following applicable monetary levy must be paid to Council: $31,412.82

       

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·           Stormwater management (i.e. rainwater tanks)

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

·           Landscaping provisions

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

19.     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).

 

20.     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.

 

21.     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).

 

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

 

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

 

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, 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.

 

24.     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.

 

25.     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.

 

26.     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.

 

27.     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:

 

28.     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.

 

29.     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.

 

30.     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.

 

31.     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.

 

32.     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.

 

33.     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.

 

34.     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.

 

35.     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.

 

36.     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.  

 

37.     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.

 

38.     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.

 

39.     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.

 

40.     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.

 

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

 

a)       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.

 

a)       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.

 

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

 

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

 

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

 

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

 

42.     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.

 

43.     Spa pools are to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

 

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

 

44.     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

a)       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

b)       Water recirculation and filtrations systems are required to comply with AS 1926.3 – 2003:  Swimming Pool Safety – Water Recirculation and Filtration Systems; and

c)       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

d)       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.

 

45.     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.

 

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

 

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

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

 

48.     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.

(Noise from domestic air conditioners)

 

49.     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:

 

50.     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.

 

51.     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:

 

52.     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:

 

·      $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.

 

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

 

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

 

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

 

54.     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.

 

55.     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:

 

 

56.     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.

 

57.     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.

 

58.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $1006.00 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:

 

59.     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.

 

60.     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.

 

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

 

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

 

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

 

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

 

62.     Generally all site stormwater shall be piped to a sediment/silt arrester pit that drains to Council's kerb and gutter.

 

The location and details of the proposed internal stormwater pipelines and silt arrestor pit/s 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:

 

The sediment/silt arrestor pit shall be constructed:

 

·      within the site at or near the street boundary.

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

·      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.

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

·      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).

 

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

 

Notes:

 

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

 

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

 

64.     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:

 

65.     A landscape plan prepared by a qualified professional in the Landscape/Horticultural industry (must be a registered member of either AILDM or AILA) shall be submitted to, and be approved by the PCA, prior to the issue of a construction certificate (with a copy of the approved plan to be forwarded to Council prior to the commencement of site works if not the PCA) and must detail the following:

 

·      A Planting Plan & Plant Schedule which includes proposed species, botanic and common names, pot size at the time of planting, quantity, location, dimensions at maturity, maintenance practices (hedging, shaping etc), as well as any other landscape details to describe the proposed works;

 

·      A predominance of species with low water requirements that can withstand poor quality sandy soils;

 

66.     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.

 

67.     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.

 

68.     Permission is granted for the selective pruning of overhanging branches from tree/s located on the adjoining property. 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, it shall be necessary for the applicant to negotiate with the tree owner. All pruning must be undertaken by a qualified Arborist, with suitable qualifications in Arboriculture and to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

 

Attachment/s:

 

Nil

 

 


Planning Committee

8 June 2010

 

 

 

Development Application Report No. D32/10

 

 

Subject:                  30 Roberts Avenue, Randwick

Folder No:                   DA/227/2010

Author:                   GAT & Associates Pty Ltd     

 

Proposal:                     Alterations and ground floor additions to the rear of the existing semi-detached dwelling and construction of a new hard stand car space to front

 

Ward:                      North Ward

 

Applicant:                Baher Michelle

 

Owner:                         Ian Johnston

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

A Development Application has been submitted to Council, seeking alterations and additions to the existing single storey semi-detached dwelling. The works will occur mainly at the rear of the dwelling. Also proposed is a new driveway crossing to provide a car parking space at the front of the dwelling.  This application is referred to the Planning Committee as the objector is known to a Council Assessment Officer.

 

The works proposed will not significantly alter the character of the existing dwelling, nor will the works significantly increase the floor area of the dwelling. The dwelling will remain single storey. The additions at the rear will not result in overshadowing or privacy issues to the adjoining properties.

 

The new driveway and parking space on the site will not be dissimilar to other sites in Roberts Avenue. The adjoining site at No. 32 has a driveway of similar proportions. The properties opposite the site, including No. 29, 33, 35 and 37 also have driveways which allow a small car to park infront of the dwelling. Although the new driveway will remove two (2) on street parking spaces (given the location of the adjacent driveway and the 90 degree parking on the western side of Roberts Ave) it is not considered that the proposal will be detrimental to the overall on street parking provided, given the development will provide one (1) space on site, effectively resulting in only one (1) space being lost. Roberts Avenue will still provide a large number of on street parking spaces, especially along the western side.

 

During the notification period, two (2) submissions were received which raised issues relating to the loss of on street parking, and the length of the rear additions extending beyond the existing rear wall and how the addition will present to the adjoining property at No. 28.

 

Assessment of the proposal against the relevant controls of Council finds that the development is suitable for the site and that the proposed works will not adversely impact on adjoining properties. It is recommended that the proposal be supported as detailed within this report.

 

2.    The Proposal

 

The proposed development involves the following works:

 

-   Demolition of the sunroom and pergola at the rear of the dwelling;

-   Alterations and additions to the dwelling, to accommodate a new bathroom, a larger third bedroom with ensuite and built-in-robe, and open plan kitchen, dining and living area.

-   The floor level of the rear section of the dwelling will be lowered by 1 metre and will be accessed by new stairs within the hallway. This allows the new internal living area to open directly onto the rear courtyard, without any obstruction (e.g. by way of stairs). Timber bi-fold doors will be provided along the rear elevation.

-   Three (3) skylights will be provided to the hallway and dining area to increase the amount of natural northern light into the dwelling, as the dwelling has an east-west orientation. The skylights will be setback a minimum of 900mm from the common wall adjoining No. 28.

-   A new colorbond roof, pitched in the middle section of the dwelling and flat at the rear, will be provided over the rear section of the dwelling. The front section of the roof will remain as is.

-   New and replacement timber framed windows and doors will be provided along the southern elevation.

-   A new driveway crossing and parking strips will be provided at the front of the site, being 5.4m long x 2.9m wide. A new pathway will be provided between the footpath and front door, with a new rendered brick pier with letterbox at the front of the site.

 

The southern wall of the dwelling behind the second bedroom will be extended out to the southern boundary, in line with the front section of the wall, and retaining a 905mm setback to the side boundary.

 

The proposed works will increase the floor area of the dwelling by approximately 36.45m2. The total floor area of the dwelling will be 140m2. As the total site area is 265.6m2, the proposed floor space ratio will be 0.527:1.

 

3.    The Subject Site and Surrounding Area

 

Figure 1 Aerial view of the subject site and surrounding environment;

 

The site is located on the western side of Roberts Avenue, just north of Ravenswood Lane. The property contains a semi-detached single storey dwelling, with the dwelling sharing a common wall with the dwelling at No. 28. The site has a frontage of 6.145 metres to Roberts Ave and a length of 44.195 metres. The site is rectangular in shape. The total site area is 265.6m2.

 

Roberts Ave consists of mainly semi-detached dwellings, with the majority being single storey. There are examples of two storey development within Roberts Ave, as some of the semi-detached dwellings have a first floor addition. There are two storey residential flat buildings located at the northern end of Roberts Ave. There are also two storey residential flat buildings located to the south, which are rear facing to Ravenswood Lane.

 

The site is in close proximity to Carrington Road and Frenchmans Road. The site is located within an established residential area of Randwick.

 

4.    Community Consultation

 

The dwelling has existed on site for many years ago. There is no site history which affects the proposed development.

 

5.    Community Consultation

 

The proposal was notified to adjoining property owners for a 14 day period between 13-27 April 2010, in accordance with the Randwick Development Control Plan – Public Notification. As a result of the notification, submissions from the following property owners were received:

 

1.     39 Roberts Avenue, Randwick

2.     28 Roberts Avenue, Randwick

 

The issues raised in the submission are addressed as follows:

 

Issues

Comments

The west side of Roberts Ave has 90 degree parking and only 2 driveways along the majority of the street length. As the eastern side of the street has parallel parking and a number of driveways the parking is limited. The eastern side provides parking for use by residents of both sides of the street. The proposed car space could eliminate 2 to 3 general parking spots for use by all residents.

The new driveway and parking space on the site will not be dissimilar to other sites in Roberts Avenue. The adjoining site at No. 32 has a driveway of similar proportions and it appears this has been recently constructed. The properties opposite the site, including No. 29, 33, 35 and 37 also have driveways which allow a small car to park infront of the dwelling.

Although the new driveway will remove two (2) on street parking spaces (given the location of the adjacent driveway and the 90 degree parking on the western side of Roberts Ave) it is not considered that the proposal will be detrimental to the overall on street parking provision, given the development will provide one (1) space on site, effectively resulting in only one (1) on street space being lost.

Roberts Avenue will still provide a large number of on street parking spaces, especially along the western side given the 90 degree parking.

The proposal has been considered by Council’s engineer, who raises no objection to the proposed parking on site.

Council does not prohibit the construction of new driveway crossings for residential sites. Any proposal needs to be assessed on its merits. Assessment of this proposal finds that the parking proposed is suitable for the site and is consistent with adjacent development.

The extension of the rear wall 2 metres past the rear of No. 28 is excessive and it is preferred if this wall only extends 500mm beyond the rear of No. 28. The roofline will extend 3.2m past the rear of No 28 which means the neighbours will be looking at a 2m wall from their lounge room and rear yard.

 

The rear addition will result in the loss of part of the fence and vines growing off it. The wall will be an overpowering eyesore.

 

Ensure that the wall addition will not have windows to No. 28. What will the addition be constructed of?

The additions will extend 2.3 metres beyond the end of the existing pergola on the site. The rear of the dwelling at No. 28 is generally in line with the end of the pergola, so this proposal will result in an extend wall along the common boundary. The wall will be built entirely on the subject site and will not straddle the boundary. The wall will be constructed of face brickwork to match the existing dwelling. The applicant has offered to render the wall on the neighbour’s side to improve the look of the wall from No. 28. This can be undertaken at the applicant’s expense, should the owners of No. 28 agree.

 

The addition will be 4.050m in height at the rear of the dwelling, measured from ground level to the top of the roof. The existing common boundary fencing between No. 28 and 30 will be retained, and only the section of fence where the additions will be constructed will be removed. The vines can continue to grow along the remaining fence. Together with the proposed rendering of the brick wall, it is considered that the additions will present well to No. 28 and will not be visually obtrusive.

 

No windows will be provided along the northern wall of the addition.

Given the chronic parking conditions, can the driveway be constructed first and used by the builder to ease congestion in the street?

Once the application is approved, any construction vehicle will be able to park on the site to assist with easing on street parking. However, as there may be more than 1 vehicle associated with the construction work, vehicles may need to park on the street. There are no parking restrictions which will prevent other vehicles from parking on Roberts Ave.

 

6.    Technical Officers Comments

 

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

 

Development Engineer – no objections subject to conditions.

 

7.    Relevant Environmental Planning Instruments

 

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

 

7.1      Randwick Local Environmental Plan 1998 (Consolidation)

The following Clauses of Randwick Local Environmental Plan 1998 (Consolidation) are relevant to this development:

 

Clause 10 – Zone No. 2A (Residential A Zone)

The objectives of Zone No. 2A (Residential A Zone) are:

 

(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.

 

It is considered that the proposal is consistent with the objectives (a), (b) and (c) of the zone. The proposal retains the low density residential environment within Roberts Avenue. The works will not alter the predominant attributes of the area, which are buildings of a single storey scale that have rear landscaped setbacks. The proposed works will not compromise the amenity of adjoining properties, as there will be no adverse impacts on privacy or overshadowing.

 

Objectives (d) and (e) are not relevant in this instance, as the residential use of the site will continue. Affordable housing is not relevant as the proposal affects one existing dwelling and does not increase the density on the site.

 

The new works to the dwelling will improve the internal amenity for the occupants, which could enable them to undertake a home based business in the future in accordance with objective (f).

 

Clause 20B – Minimum Allotment Sizes

Clause 20B requires a minimum site area of 400m2 for land in Zone No. 2A. In addition, sites are required to have a frontage of at least 12 metres. However, subclause (5) states that Clause 5 does not prohibit the erection of a dwelling house within Zone No 2A, 2B or 2C on an allotment of land that existed as a separate allotment on the appointed day.

 

The site has an area of 265.6m2 and a frontage of 6.145 metres to Roberts Ave. The site is part of an old subdivision of the area, and has been subdivided and developed for residential purposes many years ago. This current proposal does not alter the site area or frontage. No further subdivision of the site is proposed.

 

Clause 20E – Landscaped Area

Clause 20E requires a minimum of 40% of the site area to be landscaped. As the site area is 265.6m2, a minimum of 106m2 of landscaped area is required.

 

Under the Local Environmental Plan, landscaped area is defined as follows:

 

“landscaped area means the part of a site area that is used, or capable of being used, for outdoor recreation or garden areas (such as lawns, gardens, unroofed swimming pools, clothes drying areas, barbecue areas, footpaths and the like) and includes landscaped podium areas and water tanks located at ground level. It does not include areas used for parking, driveways, balconies, rooftop gardens or areas used for garbage or recycling material storage or sorting.”

 

In this instance, the landscaped area on the site includes the front path and entrance, the side pathway, and the rear yard. This area equals approximately 108m2, which is approximately 40.8% of the site area. The proposal therefore complies with the landscaped area requirements.

 

Clause 20F – Floor space ratios

The controls for floor space ratio under Clause 20F do not apply to dwelling houses.

 

Clause 20G – Building Heights

The controls for buildings height under Clause 20G do not apply to dwelling houses.

 

Clause 22 – Services

Clause 22 requires that adequate facilities for the supply of water and for the removal or disposal of sewage and drainage are available to the land. All services are available to the site, given the existence of the dwelling on the site.

 

Clause 43 Heritage Conservation

The site is not a heritage item and does not adjoin a heritage item. The site is not located within a heritage conservation zone. Therefore the heritage controls of the Local Environmental Plan are not applicable.

 

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

SEPP: BASIX requirements came into force for all new dwellings and alterations and additions to dwellings, where the development application was lodged on or after 1 July 2004. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

 

The proposal is for alterations and additions to an existing dwelling house. 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, thermal and water conservation have been met by the development. Standard conditions of consent requiring the continued compliance of the development with the SEPP:BASIX have been included in the recommendation section of this report.

 

Section 94A Development Contributions

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

 

Category

Cost

Levy

S94A Levy

Development cost more than $200000

$2,108,718

1.0%

$21,718

 

8.3    Development Control Plans

 

Development Control Plan - Dwelling Houses and Attached Dual Occupancies

The proposal generally satisfies the preferred solutions and performance requirements of this Development Control Plan. A compliance table follows.

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Proposed

y/n

Solar access and energy efficiency

Private open space to receive at least 3 hrs of sunlight over part of area between 9am and 3pm on 21 June

The additions are single storey. The rear yard will still achieve solar access during the day from the north.

Yes

North facing windows to receive 3 hrs solar access between 9am and 3pm on 21 June

No north facing windows are proposed, given the house is semi-detached and has a common wall with the adjoining northern property

Yes

North facing windows to living areas of adjoining properties to receive 3 hrs solar access over part of their surface between 9am and 3pm on 21 June, and private open space area to receive 3 hrs over at least part of its area

The proposal will comply with this requirement in relation to the north facing windows and rear yard of the adjoining dwelling at No. 32, given the additions are single storey and the boundary fence will remain. The roof form will largely remain as is and although the southern wall will be closer to the boundary, the single storey scale will not cause unreasonable shadowing to No. 32..

Yes

Water Management

Provide storm water disposal to Council’s system. Rainwater tanks can be used to collect water. Use Triple A rated water fixtures.

Stormwater disposal will not alter from the existing. The alterations and additions do not require a rainwater tank under BASIX. Triple A rated water fixtures will be used.

Yes

Landscaping

40% of site provided as landscaped area

40.8%

Yes

25m² of private open space provided.

69m2

Yes

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

Rear yard is 6m x 11.4m and is level

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

A rear yard of 69m2 is provided, which is 26% of the site area

Yes

Floor area

(Site area 265.6m2) maximum FSR 0.65:1

140m2 = 0.527:1

Yes

Height, Form & Materials

External wall height maximum 7m

3.8m

Yes

External wall height to the rear maximum 3.5m.

3.8m.

No.

This is a variation of 300mm. Given the minor non-compliance and single storey nature of the additions, it is considered to be satisfactory. The variation will not result in overshadowing issues to the southern property.

Cut or fill maximum 1m.

No cut and fill is proposed

N/A

No excavation within 900 mm of a side boundary.

No excavation is proposed

N/A

No excavation within 3m of a rear boundary.

No excavation is proposed

N/A

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

The dwelling will remain single storey

N/A

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

No second storey is proposed

N/A

Building setbacks

Front setback to be average of adjoining dwellings or 6m

The front setback of 5.4m will not change

Yes

Rear boundary setback at least 4.5m

11.4m

Yes

Side setbacks be 900mm at ground level.

905mm setback provided to the southern boundary

Yes

Side setbacks be 1.5m at second floor level.

Not applicable

N/A

Side setbacks be 3.0m at third floor level.

Not applicable

N/A

Visual & Acoustic Privacy

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

The new windows along the southern elevation are roughly in the same location as existing. Where possible, the windows have been offset from those opposite at No. 32. The new windows towards the rear will be high level to prevent overlooking. Other windows will be set at a lower level than those at No. 32 given the floor level of the rear section of the dwelling will be lowered by 1m from the existing floor level.

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 will remain visible from the street

Yes

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

Bedroom 1 will remain at the front of the dwelling

Yes

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

Standard condition

Yes

Garages & Driveways

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

The dwelling has 3 bedrooms and 1 space is proposed

No, but the site cannot provide more parking

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

2.9mx5.4m

No, however the length is short by only 100mm. Council’s Engineer considers the proposal to be satisfactory

Driveway minimum width of 3m and side setback 1m

3.6m wide on site, decreasing to 2.5m at kerb. Driveway is setback over 1m from southern side boundary

No, but considered to be satisfactory No objections raised by Council’s engineer

Driveway maximum width of 3m at the boundary.

3.6m

No, but considered to be satisfactory No objections raised by Council’s engineer

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

Satisfactory, site is relatively level

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.

No. The site is constrained and can only accommodate parking within the front setback. Other sites in the street do have a parking space within the front setback, similar to that proposed.

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

The parking width is 3m. The site has a width of 6.145m.

No. However, the parking space is provided with 2 paved strips to limit the amount of hardstand area.

Fences

Sandstone fences and walls are retained/recycled.

No sandstone fences or walls are on the site

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

No front fence is proposed

N/A

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

No front fence is proposed

N/A

Foreshore Develop-ment 

No encroachments on Foreshore Building Line.

N/A, the site is not located on the foreshore

Stepped buildings on sloping sites are articulated.

N/A

Form, colour, materials and finishes are sympathetic.

N/A

Buildings incorporate setbacks to allow sharing of views.

N/A

Ancillary structures do not detract from appearance.

N/A

 

 

 

 

 

 

 

 

 

 

 

8.    Environmental Assessment

 

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

 

For the reasons outlined in this report, it is considered that the proposal is suitable for the site and will not adversely impact upon any adjoining properties. The development will improve the internal and external amenity for the occupants of the site. The development is considered to be in the public interest for these reasons.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:         Excellence in urban design and development.

Direction 4a:        Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The application satisfies the relevant assessment criteria and is recommended for approval subject to the attached conditions of consent.

 

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. 227/2010 for alterations and ground floor additions to the rear of the existing semi-detached dwelling and construction of a new hard stand car space to front at No. 30 Roberts Avenue, 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 DWG. No  17/10, dated 26/03/09 and received by Council on 07/04/10, 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 external materials, colours and finishes of the building are required to match, as closely as possible, the existing building.

 

3.       Metal roof sheeting is to be pre-painted (e.g. colourbond) and form part of the colour scheme and external finishes for the development.

 

4.       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.

 

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

 

6.       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 relevant requirements of the Sydney Water Corporation.

 

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

 

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

 

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

 

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

 

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

 

The following condition/s are applied to meet additional demands for public facilities;

 

8.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $150,000            the following applicable monetary levy must be paid to Council: $750.

 

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.

 

Development subject to BASIX provisions

 

9.       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.

 

10.     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.

 

11.     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)

 

12.     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:

 

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

 

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

 

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

 

14.     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:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

23.     Smoke alarms are required to 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:

 

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

 

·          Occupational Health and Safety Act 2000 & Regulations

·          WorkCover NSW Guidelines & Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

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

 

25.     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 such works.

 

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

 

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

 

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

28.     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.

 

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

 

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

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

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

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

 

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

 

30.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management details.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The following condition if rainwater tanks are proposed and/or required]

35.     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.

 

Civil Works Conditions

 

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

 

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

 

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

 

37.     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.

 

38.     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:

 

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

 

40.     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.

 

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

 

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

 

42.     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.

 

43.     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.

 

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

 

44.     That part of the naturestrip upon Council's footway which is damaged during the construction of the proposed works 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 completed at the applicants expense prior to the issue of a final Occupation Certificate.

 

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

 

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

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

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

 

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

 

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      “It is recommended that the applicant or their representative consult with the adjoining owners of No. 28 Roberts Avenue, Randwick in regards to the finish of the new section of the northern wall, extending beyond the rear wall of No. 28. This brick wall may be rendered and/or painted as agreed to by the owners of No. 28 Roberts Avenue, Randwick, at the applicant’s expense.”

 

 

Attachment/s:

 

Nil

 

 


Planning Committee

8 June 2010

 

 

 

Development Application Report No. D33/10

 

 

Subject:                  133 Carrington Road, Coogee

Folder No:                   DA/884/2009

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Alterations and additions to an existing multi-unit residential development to provide 4 x 2-bedroom and 2 x 3-bedroom dwellings, including construction of an additional floor level to create a part 4- and part 5-storey building, installation of rear balconies, conversion of the lower ground floor to living areas, provision of 2 x off-street car spaces and associated landscape works.

Ward:                      North Ward

Applicant:                Brian Meyerson Architects Pty. Ltd.

Owner:                         A, G & S Voloshin and M Moses

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject proposal is referred to the Planning Committee Meeting for determination as it contains variations to the FSR, external wall height and building height development standards by more than 10%.

 

The proposal was advertised and notified from 9 to 23 December 2009 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of four (4) submissions were received at the conclusion of the public consultation process. The issues raised in the submissions are primarily related to privacy, overshadowing, view loss and parking, and have been addressed in the body of this report.

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended.

 

The subject site is located within Zone No. 2B (Residential B Zone) under RLEP 1998. The proposed development will upgrade an existing aged residential flat building and provide one additional dwelling unit. The proposal is considered to be consistent with the zoning objectives.

 

The proposal has an FSR of 0.77:1, which exceeds the LEP development standard by 0.12:1. The proposed building and external wall heights reach up to 14.5m, and do not comply with the LEP standards. Notwithstanding, the proposal will present as a two-storey development to Carrington Road due to the steep topography of the site. The development scheme has incorporated suitable design measures to minimise the visual scale and bulk of the structures, and is considered to carry positive design merits.

 

The Randwick Multi-Unit Housing DCP specifies detailed built form, setbacks and amenity controls for residential flat buildings across Randwick City. The building height, setbacks, landscaped open space provision, façade treatment, screening devices and solar access of the development comply with the objectives and performance requirements of the DCP and are considered to be satisfactory.

 

The proposal has incorporated 2 off-street car spaces and is considered to be adequate to support the intensification of use.

 

The proposed development meets the objectives and performance requirements of relevant State and Local planning controls. Therefore, the proposal is recommended for approval subject to conditions.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 33 in DP 9121, SP 11619, No. 133 Carrington Road, Coogee. The site is located on the eastern side of Carrington Road, north of the intersection with Alison Road. The land has a steep topography with a fall of approximately 11m. The dimensions and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern, side boundary

50.92m

 

Southern, side boundary

55.055m

 

Eastern, rear boundary

14.025m

 

Western, Carrington Road boundary

13.41m

 

 

 

708.2m2

 

At present, the site accommodates a part 3- and part 4-storey residential flat building of brick and tiled roof construction, which contains 5 x 2-bedroom dwelling units.

 

The subject site, in conjunction with the adjoining land at No. 135 Carrington Road immediately to the south, contain a mirrored pair of similarly configured residential flat buildings. The building at No. 135 is the subject of a separate development application for alterations and additions similar to that of the subject proposal, which is currently being assessed by Council.

 

To the north of the site is a 3-storey flat building (No. 131 Carrington Road). To the east are single- and double-storey detached houses with frontage to Pauling Avenue. The western side of Carrington Road consists of a mixture of detached dwellings and flat buildings. The locality is predominantly characterised by a mixture of detached, semi-detached and multi-unit residential developments.

 

Figure 1 Front elevation of the existing residential flat buildings at No. 133 (left) and No. 135 (right) Carrington Road

Figure 2 Adjoining residential flat building at No. 131 Carrington Road (left) and the subject site (middle)

Figure 3 Rear courtyard areas of the subject site

Figure 4 Rear elevation of the existing building at No. 133 Carrington Road

3.      The Proposal

 

The proposed development is for alterations and additions to the existing residential flat building on the site. The proposal includes the following elements:

 

·      Construction of a top floor loft addition over the existing building containing 1 x 3-bedroom dwelling.

·      Construction of balconies and terraces attached to the rear elevation of the building.

·      Conversion of the lower ground floor into living areas.

·      Minor alterations to the internal layout.

·      Provision of 2 x car parking spaces on slab to the front of the building.

·      General landscape works.

·      Strata subdivision to reflect the altered building layout and increased unit numbers.

 

The proposal will create the following dwelling mix:

 

·      4 x 2-bedroom units

·      2 x 3-bedroom units

 

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

 

The proposal seeks to vary development standards contained within RLEP 1998. A SEPP 1 Objection has been submitted to Council.

 

(i)     Floor space ratio

Pursuant to Clause 32(1) of RLEP 1998, the maximum floor space ratio (FSR) for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2B is 0.65:1 or 460.3m2 gross floor area (GFA). The proposal has an FSR of 0.77:1 or 544m2 GFA, and exceeds the development standard by 0.12:1 or 83.7m2. The proposal entails a variation to the standard by 18%.

 

The proposed variation is summarised in the table below:

 

 

Floor space ratio (FSR)

Gross floor area (GFA)

Existing building

0.5:1

356m2

Proposed development inclusive of existing floor space

0.77:1

544m2

Permissible FSR /  GFA

0.65:1

460.3m2

FSR / GFA in excess of LEP standard

0.12:1

83.7m2

 

(ii)    Building heights

Clauses 33(1) and 33(3) specify the maximum overall and external wall heights of 9.5m and 7m respectively in Residential 2B Zone. Given the virtually flat roof configuration of the works, the overall building height of the development is equivalent to its external wall height, being 14.0m (northern elevation) to 14.5m (southern elevation) at maximum.

 

The proposed variation is summarised in the table below:

 

 

Overall building height

External wall height

Proposed development

14.0m to 14.5m

14.0m to 14.5m

Permissible height

9.5m

7.0m

Building height in excess of LEP standard

4.5m to 5.0m

(which equates to 47% to 53% variation to the standard)

7.0m to 7.5m

(which equates to 100% to 107% variation to the standard)

 

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

 

Matter 1

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

 


Comments:

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

 

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

 

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

 

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

 

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

 

Page 21 of Statement of Environmental Effects (comments relating to FSR)

-        The building design from the rear creates a receding building bulk and scale up the slope of the land and appears of no greater building bulk and scale than the surrounding residential flat buildings.

 

-        Further, the rear building line is setback some 14m from the rear property boundary [Assessment Officer’s comments: the building is setback a minimum of 12.8m from the rear boundary]. Thus, the bulk and scale of the development has no amenity or visual impact upon the rear Pauling Avenue properties abutting to the east due to the steep topography and fall beyond the rear property boundary.

 

-        The existing pair of older style residential flat buildings is in need of substantial maintenance and upgrade. The proposed increased floor space, whilst not detracting from or impacting upon the surrounding properties, is necessary to promote the viable economic redevelopment of the site. Consequently, strict compliance with the FSR development standard fails to encourage the orderly and economic use and development of the land. The proposed building, although breaching the FSR development standard by 83.7m2, represents a more appropriate development solution for the site that is not possible under the current controls.

 

Page 23 of Statement of Environmental Effects (comments relating to building heights)

-        The steep topography of the site accentuates the increased building height.

 

-        The building envelope and built form of the proposed development will not give rise to any significant adverse overshadowing impacts, view loss, privacy or visual impacts on adjoining and surrounding properties.

 

-        The variation of the maximum building height in the manner proposed will result in no adverse effects to the public domain and is of a lesser height than that of the previous proposed development as per approved DA/887/2007.

 

-        The proposed development will enhance and complement the existing urban character by having an appearance which is sympathetic with the surrounding buildings and streets but reflect new lifestyles, materials and technologies.

 

It is considered that the proposal is satisfactory and compliance with the aforementioned development standards is unreasonable and unnecessary based on the following reasons:

 

-        The subject locality is characterized by a mixture of multi-unit, semi-detached and detached residential developments. The proposed development will create a part 4- and part 5-storey residential flat building. However, given the steep topography of the site, the altered building will present as a two-storey development as viewed from Carrington Road. The submitted streetscape elevation and perspective image clearly demonstrate that the refurbished building will be consistent with the height and scale of the adjoining residential premises on Carrington Road.

 

-        The loft addition adopts a contemporary design using modern finishing materials, and is articulated by a variety of window forms and screening devices. The additions are appropriately distinguished from the existing structural fabrics and will retain the existing art deco architectural features. The new storey incorporates a low profile skillion roof and steps in from the external wall alignments below. The design scheme is considered to be compatible with the height, scale and character of the surrounding buildings along the eastern side of Carrington Road.

 

-        The rear balcony additions are characterized by light-weight steel framed structures and are substantially open in nature. This element of the proposal will not result in an undesirable visual bulk.

 

-        The proposal exceeds the minimum requirements for landscaped open space by more than 74m2. The development scheme does not have an excessive site coverage or footprint. The application has included a landscape plan that proposes comprehensive upgrade to the site. It is considered that the development will deliver a significantly improved landscape ambience for the building and enhance the streetscape amenity.

 

-        The previous approved proposal (DA/887/2007) covers the two allotments at Nos. 133 and 135 Carrington Road. It involves complete demolition of the existing structures and construction of a new apartment block with a front setback of approximately 6m, and a horizontal span of up to approximately 19.5m.

 

The current scheme will substantially retain the existing buildings on the subject and adjoining sites (Nos. 133 and 135). In lieu of creating a continuous solid façade fronting Carrington Road, the existing gap between the pair of residential buildings will be retained. Accordingly, the proposed design will maintain a visual break and preserve the existing view corridor to the distant skylines from the public domain.

 

The existing wide setback of 14m will be maintained by the development, with the exception of an open, uncovered car parking area.

 

The subject proposal is considered to represent an improvement over the approved scheme in terms of streetscape appearance and visual bulk and scale.

 

-        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, view loss or visual bulk and scale.

 

In conclusion, the submitted SEPP 1 Objection has addressed the consistency of the proposed development with the underlying and stated purposes of the standards, the local planning objectives for the locality and objectives of the Act. The objection has appropriately justified that the strict compliance with the development standards 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.”

 

·      Comments:

The variations from the FSR, external wall height and building height standards 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 2B Zone in that it will allow multi-unit residential housing, which is consistent with the desired character of the locality.

 

Matter 3

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

 

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

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

 


Comments:

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

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 standards in question is unreasonable and unnecessary as the design scheme will achieve the underlying purposes of the standards.

 

Second

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

 

Comments:

The underlying objective or purpose of the standards is relevant to the subject development. As discussed above, the proposal is considered to satisfy the underlying purposes of the FSR, wall height and building height standards.

 

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 numerical compliance in this particular instance is unreasonable. The proposed wall height, building height and FSR will not result in detrimental streetscape or amenity impacts on the locality. The resultant built form and scale are compatible with the surrounding residential premises and represent a suitable infill development.

 

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, wall height and building height development standards have not been abandoned or discarded by any decision or actions of Council.

 

Each development application received by Council is assessed with regard to its merits. There has been no precedent established by Council’s assessment decisions, which in effect would abandon the development standards prescribed in the LEP.

 

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 B zoning is not considered to be inappropriate for the locality. The RLEP (Consolidation), effective from 15 January 2010, has maintained the 2B zoning for the site.

 

5.      Site History

 

Previous development application relating to the site

DA/887/2007

Demolition of the existing residential flat buildings at Nos. 133-135 Carrington Road and construction of a part 4- and part 5-storey multi-unit residential development comprising 1 x 1-bedroom, 7 x 2-bedroom and 4 x 3-bedroom apartments with 2 levels of basement car parking for 20 vehicles.

 

Council, at its Planning Committee Meeting on 13 May 2008, granted approval to the proposed development.

 

6.      Community Consultation

 

The subject application was advertised and notified from 9 to 23 December 2009 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received at the conclusion of the public consultation process:

 

·      6/129A Carrington Road, Coogee

·      131 Carrington Road, Coogee

·      137 Carrington Road, Coogee

·      32 Raleigh Street, Coogee

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposed works will result in unreasonable overshadowing on the adjoining developments.

The proposal will not result in unreasonable overshadowing on the adjoining properties. The development will maintain adequate direct sunlight to the living room windows and principal open space of the adjoining properties on 21 June. Refer to the “DCP” section of this report for details.

The proposed balconies and windows will overlook the adjoining residential properties.

The proposal will not result in unreasonable privacy impacts on the adjoining properties. Refer to the “DCP” section of this report for details.

The proposed balconies and terraces as well as car parking facilities will result in unreasonable noise impacts on the adjoining residences.

The proposal will not result in unreasonable noise impacts on the adjoining properties. Refer to the “DCP” section of this report for details.

It is unclear as to whether air-conditioning has been included in the proposal.

The application does not seek approval for any air-conditioning units.

The width of the proposed rear balconies should be reduced to preserve views from the residential units of No. 131 Carrington Road.

The proposal will not result in unreasonable view loss impacts on the adjoining residential properties. Refer to the “Environmental Assessment” section of this report for details.

It is unclear as to whether a high retaining wall will be built adjacent to the northern boundary of the site.

The proposal does not include the construction of high retaining walls along the northern boundary.

The proposal has not included sufficient off-street parking to support the intensified use.

The development scheme is considered to have provided adequate on-site parking to support the intensified residential use. The proposal satisfies the objectives and requirements of DCP – Parking. Refer to the “DCP” section of this report for details.

The development should only incorporate one single driveway to minimise reduction of kerb side parking spaces in the street.

The option to provide one single driveway to both No. 133 and No. 135 Carrington Road has been considered by the applicant at the pre-lodgement stage. However, this arrangement will necessitate demolition of the existing central stairways to both properties and significant reduction of front landscaping.

 

The current proposal will maximise landscape planting along the site frontage and will contribute to a more aesthetically pleasing streetscape outcome.

The proposal does not provide for garbage and recyclables storage areas.

The design scheme has dedicated suitable waste storage areas within the development.

The development will result in detrimental impacts on the streetscape.

The proposal will not result in detrimental streetscape impacts. Refer to the “SEPP 1” section of this report for details.

A dilapidation report in relation to the adjoining properties should be prepared prior to the commencement of works.

A dilapidation report will be required by condition.

The proposal will result in a loss of affordable housing in the locality.

It is noted that the existing dwelling units within the building are being rented to tenants. The proposal is likely to result in the loss of 5 rental units. However, the provisions of State Environmental Planning Policy: Affordable Rental Housing do not apply to the proposed development as the existing building has already been subdivided under the Strata Scheme.

 

7.      Technical Officers Comments

 

7.1    Development Engineer and Landscape Development Officer

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

 

Access Comments

In response to Development Engineering’s concerns outlined in letter to applicant dated 11th January 2010 the applicant has submitted amended plans and long-sections that demonstrate adequate vehicular access can be achieved into the proposed carspaces. The carspaces have been raised from RL 49.80 to RL 50.20. This enables the grades to fully comply with Development Engineering’s requirements. This issue has now been resolved.

 

Drainage Comments

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

 

The drainage concept plans by Northern Consulting Engineers indicate an absorption trench located at the rear of the property. Due to the steepness of the subject site and adjoining rear properties, and the likelihood of rock being close to the surface, Development Engineering are of the opinion that infiltration will not be appropriate in this instance. 

 

In support of the infiltration option however the applicant has submitted a geo-technical report by Crozier- Geotechnical Consultants that conclude that rock is more than 2.4m below the surface and infiltration is viable. Development Engineering have a number concerns about this report however. Firstly only 3 boreholes were dug with the site and two of them only to 1.8m in depth. Infiltration areas are required to be at least 2m above any rock. Only one borehole goes to this depth and this is not considered a sufficient demonstration of site conditions enabling suitability for infiltration. The proposal for a retaining wall at the rear of the property which extends 1m below the surface is also not considered to be adequate. The report does not adequately comment on the very steep slope of the adjoining properties at 21-25 Pauling Avenue or give the current details of stormwater disposal on the site except to say it is unknown. It is quite possible that stormwater may actually discharge to the existing sewer that crosses the rear yard of the property so any infiltration area may significantly add stormwater discharge to the ground.  The steep nature of the slope within the rear yards of 21-25 Pauling Avenue is of significant concern to Development Engineering. The slope is in excess of 20 degrees and any increase in water infiltration upward of this slope has potential to affect the stability of the slope face especially during major storm events. In the rear yard of No.25 Pauling Avenue the owner has gone to considerable expense in improving the rear yard and stormwater runoff as she has informed me that during major rain events there is considerable runoff coming down this slope. In the adjoining yards at No.21-23 Pauling (immediately behind the subject site) there is considerable vegetation and in the case of No.23 Pauling a substantial retaining wall which contribute to the current stability of the slope face. Development Engineering is concerned that infiltration may possibly contribute to weakening of this slope face.

 

The other drainage options are for a pump out system to Carrington Road or drainage easement over adjoining properties. Easements are notoriously difficult to obtain in the eastern suburbs and given the wide footprint of the houses in Pauling Avenue the only real alternative is for a pump-out system.  Appropriate conditions have therefore  been added to this report.

 

Parking/Traffic Comments

The site presently does not have any provision for off-street parking and as the application is for alterations and additions and does not involve a change in use of the property it can be argued that the site is subject to a parking credit. Additional off-street parking is encouraged wherever possible especially in this are where parking is in high demand after hours for local residents. In this case however due to the parking credit Development Engineering will only require that parking be provided for the new 3 bedroom units. It is also noted that the site is located in close proximity to public transport with the 313 bus route between Coogee and Bondi Junction passing in front of the subject property and the bus routes to the city 374 & 339 which travel up nearby Alison & Clovelly Road. There is also a GoGet carshare space which is located nearby in front of 151 Carrington Road.

 

Parking rate for the development has been calculated using Council’s DCP-Parking.

 

Existing situation

5 x 2 bedroom units = 5 x 1.2 = 6 spaces + 1 visitor = 7 spaces required

Existing provision = 0.

Parking credit = 7

 

Proposed Development

4 x 2 bedroom + 2 x 3 bedroom unit = 4 x 1.2 + 2 x 1.5 + 1 visitor = 8.8 spaces

- parking credit of 7 spaces = total required = 1.8 = say 2 spaces

 

Parking proposed = 2 spaces (complies)

 

It is recommended that the carspaces be allocated to the 3 bedroom units. The submitted strata plans appear to demonstrate that this is in fact the case.

 

It is noted that the design review panel has issues with the location of the two car spaces in front of the residential flat building and should amended plans be requested the assessing officer should refer the application back to Development Engineering for comment.

 

The only other concern to Development Engineering is the requirement that cars will be required to reverse out of the carspaces onto Carrington road which is considered a busy road. Sightlines are fairly poor due to the number of parked cars blocking visibility up Carrington Road. Carrington Road does bend westwards slightly just north of the site improving sight lines slightly and also providing some time to manoeuvre. There is also a separation of the traffic lane and the parking lane along Carrington Road at this location that also assists. The wall along the northern edge of the carspace will also need to be  limited in height to 600mm above the driveway level to maintain this sight line. The parking arrangements are satisfactory and the supplied traffic and parking assessment report by Varga Planning is acceptable and findings noted.

 

Waste Management Comments

Due to the significant amount of landscaped area in the proposal and the ongoing need to maintain it the provision of one green waste bin is considered appropriate. This brings the total number of bins required for the development to 7 (3 normal + 3 recycling + 1 green waste).

 

Landscape Comments

As part of an avenue planting being undertaken by Council along the length of both sides of Carrington Road, a Glochidion ferdinandii (Cheese Tree) has been recently installed within the public verge, against the front boundary fence, about halfway across the width of the site, which would need to be removed in order to accommodate the centrally located vehicle crossing as shown.

 

No objections are raised to this due to both its small size and an ability to provide a replacement in order to maintain the streetscape, with conditions in this report requiring that the applicant submit relevant costs to Council.

 

There is no significant vegetation within the rear yard of the site, and while some established trees exist on neighbouring properties to the east and south, including two 8 metre tall Glochidion ferdinandii (Cheese Tree’s) beyond the northwest corner of the site, in the rear yard of 21 Pauling Street, close to the common boundary, all will remain completely unaffected given that existing ground levels will be maintained, with only landscaping and planting nominated in these respective areas.

 

7.2    Building Surveyor

The comments provided by Council’s Building Surveyor are extracted below:

 

BCA Building Classification

Class 2 – Residential units

 

Description of the Building

In summary, the building will incorporate:

·       A ‘rise in storeys’ of five

·       Masonry walls, tiled roof and timber floors

·       One exit stairway, of exit construction

·       A total of 6 sole occupancy units

·       External decks

·       Side boundary building setbacks of approximately 2800mm

 

Key Issues

 

Building Code of Australia (BCA):

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

 

Site Management:

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

 

8.      Master Planning Requirements

 

The site has a land area of only 708.2m2 and a master plan is not required under Clause 40A of Randwick Local Environmental Plan 1998.

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 1 December 2009 and is therefore subject to the savings provision. Furthermore, when determining an application to which Clause 7 applies, the consent authority must have regard to the provisions of the new plan as if it had been exhibited under the Act but had not been made.

 

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

 

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

 

Clause

Requirement

Proposal

Compliance

21 Subdivision

Subdivision permissible with development consent

The proposal seeks approval for Strata subdivision.

Complies, subject to conditions

31 Landscaped area

(2) Minimum 50% of site area (or 354.1m2)

429m2 or 60.6% of site area

Complies

(3) Landscaped areas over podiums or basements not exceeding 50% of total provision

0% of the landscaped areas are provided over basements

Complies

32 Floor space ratio

Maximum 0.65:1 or 460.3m2

544m2 or 0.77:1

Does not comply, SEPP 1 Objection submitted

33 Building heights

(1) Maximum building height 9.5m

Northern side elevation: 14.0m

Southern side elevation: 14.5m

Does not comply, SEPP 1 Objection submitted

(3) Maximum external wall height 7m

Same as above.

Flat roof design, the overall building height is equivalent to external wall height

Does not comply, SEPP 1 Objection submitted

40 Excavation and filling of land

Council to consider the likely impact on existing drainage patterns and soil stability in the locality, and the effects of the proposed works on the likely future use or redevelopment of the land

Excavation

Lower ground floor: approximately 1.1m

Backfilling

Front car spaces: approximately 2.5m

Satisfactory, refer to comments below

 

Excavation and filling of land

The proposal involves backfilling of up to 2.5m in height in order to create a levelled platform for car parking off Carrington Road. The above works will require the construction of a 4m high retaining wall. Notwithstanding, the retaining wall structures are generally sunken below the footpath level and will not be readily visible from the public domain. The landscape plan shows the provision of mass planting to screen the blank walling. Therefore, this element of the proposal is not considered to result in detrimental visual impacts on the surrounding areas.

 

The development scheme also requires excavation of approximately 1.1m in depth at the rear of the existing building, in order to accommodate an expanded floor plate for the lower ground storey. Although the excavation works will extend up to the southern common boundary, the lower ground floor will match the proposed works on the adjoining site at No. 135 Carrington Road. Accordingly, no adverse visual impacts will result.

 

Specific conditions are recommended to ensure that suitable retaining walls and protection measures are implemented during works on the site.

 

The proposal is not considered to adversely impact on the drainage pattern and use of the land, subject to the recommended engineering conditions.

 

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

The proposed development is consistent with the general aims and zoning objectives prescribed under Randwick Local Environmental Plan 1998 (Consolidation).

 

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

SEPP No. 65 applies to the proposed development.

 

On 3 August 2009, a pre-lodgement application for alterations and additions to the existing residential flat building on the subject site was referred to the Design Review Panel for assessment. A set of comments has been provided following the meeting.

 

The subject development application was referred to the Design Review Panel for assessment on 1 February 2010. The development scheme has incorporated all design amendments previously suggested by the Panel. No further changes were recommended.

 

The Design Quality Principles prescribed in the SEPP are addressed as follows:

 

Principle 1 Context

The subject locality is characterised by a mixture of multi-unit, semi-detached and detached residential developments. The proposal will upgrade the existing building on site and is consistent with the desired character of Carrington Road. Public bus services are available along Carrington and Alison Roads, which are within walking distance from the site. The proposed housing density is suited to this highly accessible location. Given the steep topography of the site, the building, with its additional storey, will still be compatible with the bulk and scale of the surrounding developments.

 

Principle 2 Scale

The proposed development will result in a part 4- and part 5-storey residential flat building. However, given the steep topography of the site, the altered building will present as a two-storey development as viewed from Carrington Road. The submitted streetscape elevation clearly demonstrates that the refurbished building will be consistent with the height and scale of the adjoining residential developments on Carrington Road.

 


Principle 3 Built form

The top floor loft addition adopts a contemporary design and is articulated by a variety of window forms and screening devices. The additions are appropriately distinguished from the existing structural fabrics and will retain the art deco architectural features of the building. The new storey is appropriately setback from the external wall alignments below. The design scheme is considered to be compatible with the height, scale and character of the surrounding buildings along the eastern side of Carrington Road.

 

The rear balcony additions are predominantly characterised by light-weight steel framed structures and will not create an undesirable visual bulk.

 

Principle 4 Density

The locality is suitable for medium density residential developments, given its proximity to public transport services and key activity nodes, such as Coogee Bay and the commercial strip along Clovelly Road. The proposed provision of 6 dwelling units is considered satisfactory in the subject locality. 

 

Principle 5 Resource, energy and water efficiency

All proposed and existing dwellings have dual aspects that enable effective cross-ventilation.

 

Suitable screening devices and roof overhangs have been incorporated to protect the top floor unit from low angle morning and afternoon sun during the summer seasons.

 

The existing rear-facing units will also benefit from the new balconies, which serve to provide shade for the interior floor space.

 

Principle 6 Landscape

The application has included a landscape plan that proposes a comprehensive upgrade to the site, including the planting of a combination of trees, shrubs and ground covers in the rear courtyard and front setback areas. It is considered that the development will deliver an improved landscape setting for the building and enhance the streetscape amenity.

 

Principle 7 Amenity

All of the proposed and existing units provide operable windows on more than one elevation with a separation distance of less than 18m. The dwellings are considered to provide adequate natural cross-ventilation.

 

A 3m wide private balcony will be provided for each of the rear-facing and top floor units. A terrace area is also proposed for the front unit at ground floor level. The design scheme is considered to have maximised private open space provision for the occupants.

 

Principle 8 Safety and security

The proposed balconies and windows will provide casual surveillance to the public domain.

 

Given the existing constraints of the site, the entrance lobby to the building is not directly visible from the street. This element of the proposal is considered acceptable in this instance.

 

Principle 9 Social dimensions

The proposal will provide 2 x 3-bedroom units and 4 x 2-bedroom units. The proposed dwelling mix is considered to be satisfactory.

 


Principle 10 Aesthetics

The overall form and detailing of the additions, arrangement of private and communal open space and landscape design are considered to be satisfactory. The proposed architectural composition, fenestration treatment and external finishes achieve a contemporary design response that enhances the street presentation of the building.

 

9.4    State Environmental Planning Policy (SEPP) Affordable Rental Housing 2009

The existing building has already been Strata subdivided (SP 11619). Pursuant to Clause 49(2)(a) of the SEPP, the provisions of the Policy do not apply to the proposed development.

 

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

SEPP: BASIX applies to the proposed development. The development application is accompanied by BASIX Certificate No. A69162. The commitments specified in the above certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

10.    Policy Controls

 

10.    Randwick Development Control Plan (RDCP) Multi-Unit Housing

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

A site analysis plan has been submitted.

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

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

As existing, not applicable.

P3 Development on corner sites responds to both street frontages.

 

Not applicable.

Height

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

 

A SEPP 1 Objection has been submitted for non-compliance with the building height standards. The Objection has been assessed and is considered to be well founded. Refer to the “SEPP 1” section of this report for details.

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

 

The building bulk is suitably distributed over an architectural form that creates visual interest in terms of articulation and façade treatment. The proposal is considered to have minimised streetscape and amenity impacts.

 

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

The front setback (14m) of the existing building will be maintained.

 

The proposed uncovered car spaces will encroach upon the front setback areas. However, adequate soft landscaping has been included to visually soften the above parking facilities.

P2  Side boundary setbacks

Side setbacks to ensure:

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

 

S2  Zone 2B

Minimum average setback 4 metres.

No part closer than 2.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

 

Loft addition

Northern setback:

2650mm

Southern setback:

2120mm (stairwell) to 2830mm (wall)

Rear balconies

Northern setback:

2650mm

Southern setback:

2830mm

Lower ground floor extension

Northern setback:

1950mm

Southern setback:

Nil

 

 

 

Comments:

The proposal is constrained by the layout of the existing building. The design is considered to have provided adequate separation between the proposed additions and the adjoining properties, and will not result in detrimental privacy or shadow impacts.

 

The proposed lower ground extension will reserve nil setback from the southern common boundary. Notwithstanding, the development proposal (DA/885/2009) for No. 135 has included a similarly configured lower ground storey. This element of the design scheme will appropriately match that of the adjoining land, and will utilise a currently overshadowed area of the site. The development is considered satisfactory in this regard.

P3  Rear Boundary Setbacks

Ensure that:

§ Solar access and overshadowing are minimised.

§ Privacy between neighbouring dwellings and their open spaces provided.

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

§ Building built across site.

 

S3  Zone 2B

Minimum average setback 6 metres.

No part closer than 4.5 metres.

Maximum length of wall without articulation 10 metres.

 

Rear balconies

Minimum 15.6m

 

Lower ground floor extension

Minimum 12.8m

 

Satisfactory.

P4  General

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

 

 

 

 

 

 

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

Satisfactory.

Density

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

 

 

The proposed density and FSR are considered to be satisfactory. Refer to the “SEPP 1” section of this report for details.

Fences

P1  Fences to be/have:       

§ consistent with streetscape;

§ Entrances highlighted; and

§ Planting used to soften and provide privacy.

 

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

 

Satisfactory.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1 Minimum for landscaped area 2 metres.

Satisfactory.

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

 

A landscaped communal courtyard is provided in the rear section of the site.

P3  Private Open Space

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

 

The proposal has included private balconies or terraces for the loft apartment and each of the rear-facing dwelling units.

The ground floor unit (Unit 2) at the front of the site is provided with an open decked terrace. All of the above private open space has a minimum depth of 3m and is suitable for passive recreational activities.

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

 

The front unit at the ground floor level (Unit 2) is provided with a private terrace in front of the building line. Given the constraints of the existing building, the above arrangement is considered satisfactory.

 

P6  Flats and apartments

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

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

Satisfactory.

 

 

Privacy

P1  Visual Privacy

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

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

Loft addition

The principal living room windows / glazed doors of the loft are oriented towards the east.

The loft addition does not contain excessive window openings on the side elevations.

A specific condition is recommended to require the south-facing stairwell window to be constructed with obscured glazing.

Subject to the above condition, the proposal is considered satisfactory in this regard.

P2 Private open space design and location ensure privacy.

 

Rear balconies

The proposal includes new balconies to be attached to the rear elevation of the existing building. Timber batten privacy screens are proposed to be installed on the side elevations of the balconies.

 

 

 

It is noted that the privacy screens cover approximately half of the depth of the balconies. This design solution is considered acceptable as full length privacy screens would exacerbate the visual bulk of the structures.

The landscape plans has included the planting of canopy trees in the rear courtyard areas. The proposed vegetation will further reduce oblique overlooking into the adjoining properties.

P3  Acoustic Privacy

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

 

Parking

The proposed open parking area in the front section of the site contains only 2 car spaces. Given the limited number of parking and associated trips making, this element of the development is not considered to result in material noise impacts on the neighbours.

 

 

Balconies and terraces

The submissions have raised concerns in relation to noise emission from the balcony and terrace areas.

It is noted that the adjoining flat building at No. 131 has incorporated rear access balconies and stairs, which are currently being used as an informal, passive recreation areas for the occupants. The recently completed apartment building at No. 139-141 also contains rear-facing balcony structures. Rear-facing balconies are considered to be a feature of residential development in the locality.

The proposed rear balconies will be sheltered from the road traffic and receive adequate morning sun during the winter seasons. The upper level balconies are also capable of capturing distant water views. It is considered unreasonable to prohibit the provision of rear balconies or to require substantial reduction in their dimensions, which would adversely impact on their functionality. Additionally, each balcony would only be accessible by a single household and is not considered to result in unreasonable noise emission.

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

A standard condition is recommended to require compliance with the Building Code of Australia.

View Sharing

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

 

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

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

 

P3 Buildings are aligned to maximise view corridors between buildings.

 

The existing gap between the pair of residential buildings at Nos. 133 and 135 Carrington Road will be retained. Accordingly, the proposed design will maintain a visual break and preserve the existing view corridor to the distant skylines from the public domain.

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

Refer to comments below.

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

 

The design scheme will not result in unreasonable shadow impacts on potential solar panels on the rooftop of the proposed development at No. 135 Carrington Road.

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

 

The principal living room windows of No. 135 Carrington Road are oriented towards the east and west.

 

Following the proposed development, the west-facing living room windows of the front units of No. 135 will receive a minimum of 3 hours of direct sunlight on 21 June.

 

 

 

 

The east-facing living room windows of the rear units of No. 135 currently receive slightly less than 3 hours of direct sunlight on 21 June. The proposed development will not reduce solar access to these units any further.

 

Complies.

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

 

Complies.

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

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

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

Refer to “BASIX”.

P5 Buildings have roofs with pitch suitable for solar collectors.

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

The proposed roof design will not preclude the installation of solar collectors in the future.

Safety and Security

P1 Design allows surveillance.

 

Satisfactory.

P2 Approaches and entries are visible.

 

The main entry to the building is not directly visible from the street. However, there is a well defined pathway connecting the public footpath to the doorway. Satisfactory.

P3 High walls and structures avoided.

 

Satisfactory.

P4 Resident car parking has security grilles or doors.

 

No gates are proposed given the site constraints. However, the public and private domain is well defined. Satisfactory.

P5 Visitor parking spaces clearly identifiable.

 

Not applicable.

P6 Adequate lighting for personal safety and security provided.

 

To be required by condition.

P7 Adequate lighting is provided in common areas.

 

To be required by condition.

P8 External lighting does create a nuisance.

 

 

 

 

 

To be required by condition.

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

The proposed parking arrangement is considered to be satisfactory. Refer to the “Parking DCP” section of this report for details.

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

 

Adequate soft landscaping has been proposed to visually soften the parking facilities.

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

 

Not applicable.

P3 Secure storage for bicycles is provided.

 

To be required by condition.

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

Satisfactory.

P2 Vehicles enter/ leave in a forward direction.

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

Satisfactory.

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

S3 Long driveways provide passing bays.

Satisfactory.

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

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

Satisfactory in terms of safety and manoeuvring efficiency.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

The application proposes the use of reinforced turf in the driveway areas to minimise visual impacts on the streetscape. Satisfactory. 

P6 Driveway gradients safe.

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

 

 

 

 

 

 

 

Satisfactory.

Storage

P1 Accessible and separate storage for each dwelling.

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

Given the constraints of the site, the proposal does not include any storage units outside of the individual dwellings. The layouts of the new and altered apartment units have sufficient dimensions to accommodate storage facilities and cabinets.

Barrier-Free Access

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

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

A standard condition is recommended to address this matter. 

P2  Dwelling requirements:

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 so on…

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

 

Not applicable.

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

 

Not applicable.

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

 

Not applicable.

Utilities/Site Facilities

P1 Mailboxes provided in accordance with Australia Post.

 

Satisfactory.

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

 

To be required by condition.

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

 

To be required by condition.

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

 

To be required by condition.

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

 

To be required by condition.

P6 Telephone lines provided in accordance with the service provider.

 

To be required by condition.

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

 

Satisfactory.

Waste Minimisation and Management

P1 Waste collection and separation facilities for each dwelling.

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

Satisfactory.

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

 

Satisfactory.

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

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

The proposed waste storage areas are partially screened by soft landscaping. Satisfactory.

 

10.2  Randwick Development Control Plan (RDCP) Parking

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

 

 

Rate

Requirement

Proposed

2-bedroom unit

1.2 / dwelling

1.2 x 4 = 4.8

2

3-bedroom unit

1.5 / dwelling

1.5 x 2 = 3

Visitor

1 / 4 dwellings

6 / 4 = 1.5

Nil

Car wash bay

1 / 12 dwellings

N/A

Nil

Bicycle

1 / 3 dwellings + 1 visitor / 10 dwellings

6 / 3 + 1 = 3

Nil

Total

 

9.3 or 9 car spaces

2 car spaces

 

The proposed development includes 2 car spaces located to the front of the building accessible from Carrington Road. Due to the existing site constraints, it is considered that the proposal has already maximised car parking provision. The development scheme is considered satisfactory for the following reasons:

 

·      The existing flat building contains 5 x 2-bedroom units. Under the DCP, the existing development will generate a parking demand of 7 spaces, being 6 residential bays plus 1 visitor bay. The site currently does not accommodate any off-street parking facilities. This shortfall represents a parking credit which applies to the site.

The proposed development has provided suitable facilities to accommodate the additional parking demand (that is, 9 spaces minus parking credit of 7 spaces) generated by the works. Accordingly, the proposal is considered to satisfy the requirements of the DCP.

·      The site is located within walking distance from public transport services. Specifically, the public bus route 313 connecting Coogee and Bondi Junction runs past the subject property on Carrington Road. Bus routes 339 and 374 travelling to Sydney CBD are available on the nearby Alison and Clovelly Roads. 

·      A specific condition is recommended to require a minimum of 3 bicycle parking spaces to be provided on the site, consistent with the requirements of the DCP. This will encourage the use of sustainable modes of transport for the occupants.

 

10.3  Randwick Section 94A Development Contributions Plan

The Section 94A Development Contributions Plan, effectively 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 $100001 - $200000

------

------

------

Development cost more than $200000

$460,790

 

1.0%

$4,607.90

 

10.4  Design Ideas for Rejuvenating Residential Flat Buildings

The Design Ideas for Rejuvenating Residential Flat Buildings guideline, dated November 2006, showcases a number of refurbishment concepts using real flat buildings in the Randwick Local Government Area. It aims to encourage refurbishment proposals that improve:

 

·      The liveability of the units to meet current lifestyle needs;

·      The environmental performance and sustainability of the building; and

·      The appearance of buildings within the streetscape.

 

The proposed development has been designed with regard to the principles in this guideline. The proposal is consistent with the design ideas in the following manner:

 

·      Retention of the existing flat building rather than completion demolition.

·      Appropriate integration of the old and new built elements.

·      Improvements of environmental performance.

·      Creation of useable private open space.

·      Improvements of the relationship between indoor and outdoor living.

·      Improvements of access and safety.

·      Provision of essential fire upgrading measures to comply with the Building Code of Australia.

 

11.    Environmental Assessment

 

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

 

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 submission 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.

 

View sharing

A submission has been received from the owners of No. 131 Carrington Road, which is a 3-storey residential flat building comprising 2 x side by side dwelling units on each floor.

 

The Performance Requirements under Section 4.3 “View Sharing” of DCP – Multi Unit Housing provide that:

 

·      The design and location of buildings take existing topography, vegetation and surrounding development into account as a basis for assessing effect on view.

·      Development minimises effects on views and demonstrates steps that have been taken to mitigate view loss, in particular view loss of significant features such as the ocean, coastline, nearby open space areas and significant landmarks or buildings.

·      Buildings and dwellings are aligned to maximise view corridors between buildings.

 

The concept of ‘view sharing’ was further developed by the then Senior Commissioner Roseth of the NSW Land and Environment Court in the Tenacity v Warringah Council (2004) proceedings. The following paragraphs provide a four-step analysis of view loss established from the above court case:

 

(a) Type of views

The existing views variously enjoyed by the residents of No. 131 Carrington Road are obtained obliquely from the south- and east-facing kitchen / living room windows and access balconies at the rear of the building. They include distant views of the ocean, the horizon and the buildings in Coogee Bay, which are partially obscured or punctuated by vegetation depending on the location within the building:

 

Views from the ground floor access balcony outside Units 5 and 6:

 

·      A limited degree of distant, filtered views of the ocean heavily obscured by existing vegetation.

 

Note: The existing building at No. 133 Carrington Road is seen on the right.

Views from the first floor access balcony outside Units 3 and 4:

 

·      Wider views of the ocean and horizon, punctuated by existing vegetation. Some distant buildings in Coogee Bay are visible.

 

Note: The existing building at No. 133 Carrington Road is seen on the right. 

 

Views from the second floor access balcony outside Units 1 and 2:

·      A greater amount of ocean and horizon views (as compared to the lower floors) punctuated by existing vegetation. The distant buildings in Coogee Bay headland are clearly noticeable through the vegetation foliage.

Note: The existing building at No. 133 Carrington Road is seen on the right. 

Views from the kitchen of Unit 2 (southern unit) on the second floor of the building:

 

·      A higher amount of ocean and horizon views (as compared to the lower floors) punctuated by existing vegetation. The distant buildings in Coogee Bay headland are clearly noticeable through the vegetation foliage.

 

Note: The existing building at No. 133 Carrington Road is seen on the right.

 

(b) Side views / sitting views

The aforementioned views are obtained across the side and rear boundaries of the subject site at No. 133 Carrington Road.

 

The views currently available are generally captured at standing height. A smaller amount of views is available at a sitting position.

 

(c) Extent of impact

Based on site inspections and the submitted drawings, the anticipated impacts are described as follows:

 

Ground floor

It is anticipated that the existing distant water views through the dense vegetation foliage will be partially lost following the development, depending on the viewing position at ground floor.

 

The degree of view loss from the eastern and southern windows of the ground floor units as well as the access balcony area is considered to be moderate, given the already restricted nature of these filtered sea views and that they are mainly obtained across the side boundary of the subject site. They are not views obtained directly across a rear or front boundary.

 

First floor

The degree of view loss from the eastern and southern windows of the first floor units as well as the access balcony area is considered to be minor, given that the distant ocean and horizon views will still be retained directly for these higher units.

 

There will be a minor loss of filtered views of the buildings in Coogee Bay, which are already heavily obscured by foliage. The above district views are not considered to be iconic in nature and in any case are already heavily obscured by vegetation. 

 

Second floor

The degree of view loss from the eastern and southern windows of the second floor units as well as the access balcony area is considered to be minor, given that the distant ocean and horizon views will still be retained directly for these higher units.

 

There will be a minor loss of filtered views of the buildings in Coogee Bay, which are already heavily obscured by foliage. The above district views are not considered to be iconic in nature and in any case are already heavily obscured by vegetation.

 

(d) Reasonableness

 

The degree of view loss is considered to be reasonable for the following reasons:

 

·      Most of the sea views enjoyed from the east- (rear) and south- (side) facing windows of the kitchen/living rooms of the units as well as the rear access balconies are primarily oblique views across the subject property’s side and rear boundaries. Therefore, according to the planning principle, the views in question are more difficult to retain by virtue of the established subdivision and development pattern along Carrington Road.

 

·      The first and second floor units and access balcony areas will continue to enjoy direct distant ocean and horizon views. The anticipated impacts are limited to the district views of buildings in the Coogee Bay headland, which are already partially obscured by vegetation.

 

·      It is considered unreasonable to refuse the development application on the grounds of view loss in relation to the ground floor units of No. 131, where the views currently obtained are already restricted by the lower level of these dwellings, combined with the oblique nature of these views across the southern side boundary. Furthermore, the protection of views for the middle and upper floor units has been reasonably ensured through appropriate design and positioning of the new rear balconies.

 

·      The proposal’s breach against the external wall and building height standards is primarily attributed to the top floor loft addition. Similarly, the breach in the FSR control is mainly attributed to the new loft level and the extensions of the lower ground storey. The above elements do not significantly contribute to the view loss.

 

The key element affecting the view cones of No. 131 Carrington Road is the rear balcony additions. However, when comparing with the building layout of the approved development on the site (DA/887/2007), the view cones of No. 131 are similar between the subject and the previous approved proposals.

 

·      It should be noted that the proposal adopts a form and scale that are consistent with the bulk and character of other residential flat buildings in the locality. The development will not constitute a dominant or intrusive element in the area, nor will it result in unreasonable overshadowing or privacy impacts. Overall, the proposed development is considered to be reasonable and satisfies the broad performance requirements of the Multi-Unit Housing DCP.

 

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development complies with the objectives and performance requirements of relevant Local and State planning controls.

 

The SEPP 1 Objections lodged with respect to the non-compliance with the floor space ratio, external wall height and building height standards are considered to be well founded. The development scheme will not have a significant impact on the amenity of surrounding properties in terms of visual bulk and scale, view sharing, solar access and privacy.

 

The design will be sympathetic to the character of the Carrington Road streetscape and the art deco architectural style of the existing building. The proportions, massing, colours, materials and finishes proposed are considered to be satisfactory and the refurbishment will significantly improve the liveability of the dwelling units.

 

The application is therefore recommended for approval, subject to the recommended conditions.

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 32(1), 33(1) and 33(3) of Randwick Local Environmental Plan 1998, relating to floor space ratio, building height and external wall height respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the adjoining premises and the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 884/2009 for alterations and additions to an existing multi-unit residential development to provide 4 x 2-bedroom and 2 x 3-bedroom dwellings, including construction of an additional floor level to create a part 4- and part 5-storey building, installation of rear balconies, conversion of the lower ground floor to living areas, provision of 2 x off-street car spaces and associated landscape works, at No. 133 Carrington Road, Coogee, subject to the following conditions:

 

Conditions of Consent

 

1.       The development must be implemented substantially in accordance with the following plans (Job Number 799):

 

Plan Number

Dated

Received

Prepared By

DA00(B)

27.11.2009

1 / 4 December 2009

Brian Meyerson Architects

DA02(C)

26.02.2010

1 March 2010

DA03(B)

27.11.2009

1 / 4 December 2009

DA04(B)

27.11.2009

1 / 4 December 2009

DA05(B)

27.11.2009

1 / 4 December 2009

DA06(C)

26.02.2010

1 March 2010

DA07(B)

27.11.2009

1 / 4 December 2009

DA08(B)

27.11.2009

1 / 4 December 2009

DA09(B)

27.11.2009

1 / 4 December 2009

DA10(B)

27.11.2009

1 / 4 December 2009

DA11(C)

26.02.2010

1 March 2010

DA13(C)

18.02.2010

1 March 2010

1069 SP – No. 133 Sheets 1 to 4

Undated

1 December 2009

Eric Scerri

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:

 

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

 

2.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the submitted External Finishes Schedule (dated November 2009) and Materials Board (job number 799, drawing number 01, revision B, dated November 2009); prepared by Brian Meyerson Architects and stamp-received by Council on 1 December 2009. 

 

3.       The colour and finishing of the metal claddings for the top floor loft addition shall be designed to minimize light reflection to the surrounding areas. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation to the satisfaction of the certifying authority.

 

4.       The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. Details of compliance are to be incorporated in the Construction Certificate documentation.

 

5.       The south-facing stairwell window of the top floor loft addition shall be constructed with obscured/translucent glazing. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation to the satisfaction of the certifying authority.

 

6.       The timber batten fence along the northern, eastern and southern boundaries of the parking spaces shall have a height of not less than 1200mm as measured from the finished ground level. Additionally, the spacing between the individual timber slats shall be minimized to reduce headlight glare impacts on the proposed and adjoining residential units. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation, to the satisfaction of the certifying authority. 

 

7.       The proposed privacy screens attached to the northern and southern side elevations of the rear balconies shall be constructed with 35mm wide fixed timber or metal slats, horizontally positioned, and spaced at a maximum of 35mm, or another appropriate design that effectively restricts cross viewing into No. 131 and No. 135 Carrington Road.

 

Details demonstrating compliance shall be incorporated into the Construction Certificate documentation to the satisfaction of the certifying authority.

 

8.       A minimum of three (3) bicycle parking spaces are to be provided within the proposed development. The design and construction of the bicycle parking facilities are to be compliant with Australian Standard AS2890.3: Bicycle Parking Facilities. Details of compliance are to be included in the Construction Certificate application.

 

9.       Suitable security lighting is to be installed at the main pedestrian entry to the building as well as the front access stairs adjacent to the southern property boundary of the site. The above lighting devices shall be low level lighting where the light source shall not be located higher than 1.2m above the finished ground level, and is to be directed towards the ground. Details are to be incorporated in the Construction Certificate documentation to the satisfaction of the certifying authority.

 

10.     Lighting to the premises shall be designed in accordance with Australian Standard AS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting, so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

11.     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.

 

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

 

          In this regard, prior to occupation of the building, an application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of an appropriate street number/s to the development.

 

13.     Power supply and telecommunications cabling to the development shall be underground.

 

14.     A single common television aerial, and/or satellite dish (having a maximum diameter of 700mm and not located on the front or street elevation of the building) is to be installed to serve the development.

 

15.     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 paving or the like on the ground) without the written consent of Council.

 

16.     In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority and the Council, prior to issuing a construction certificate and an occupation certificate, respectively.

 

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

 

17.     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.

 

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

 

18.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $460,790, the following applicable monetary levy must be paid to Council: $4,607.90.

 

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.

 

19.     Details of critical stage inspections carried out by the principal certifying authority under any relevant construction certificate, together with any other certification relied upon must be provided to Council or the accredited certifier prior to the issuing of a subdivision certificate.

 

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

 

Regulatory

20.     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.

 

21.     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.

 

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

 

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

 

23.     Prior to the commencement of any building or fire safety works, the person having the benefit of the development consent must:

 

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

 

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

                                        

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

 

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

 

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

 

24.     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.

 

25.     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”.

 

26.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

29.     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.

 

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

 

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

 

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

 

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

 

Structural adequacy

 

31.     A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to issuing an occupation certificate or strata subdivision certificate, which certifies the structural adequacy of the building.

 

32.     A Certificate of adequacy prepared by a professional engineer, shall be submitted to the certifying authority (with a copy being forwarded to Council, if Council is not the certifying authority) prior to issuing a construction certificate certifying the structural adequacy of the existing structures to support the new storey.

 

Construction site management

 

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

 

·           Australian Standard 2601 (2001) – Demolition of Structures

·           Occupational Health and Safety Act 2000

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·           WorkCover NSW Codes of Practice and Guidelines

·           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)

 

34.     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 AS2601-2001, 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 stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996.

 

e)     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.

 

f)      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.

 

g)     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 contained in the Asbestos Survey and conditions of consent, in relation to the safe removal and disposal of asbestos, have been satisfied.

 

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

 

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

 

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

 

36.     The adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of any building located on an adjoining allotment of land, the person causing the excavation must:

 

·       preserve and protect the building/s on the adjoining land from damage; and

·       effectively support  the excavation and building; and

·       at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land (including a public road or public place), give notice of the intention and particulars of the works to the owner of the adjoining land.

 

Notes

 

·     This consent and condition does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the principal contractor or owner-builder must obtain:

a)       the consent of the owners of such adjoining or supported land to trespass or encroach, or

b)       an access order under the Access to Neighbouring Land Act 2000, or

c)       an easement under section 88K of the Conveyancing Act 1919, or

d)       an easement under section 40 of the Land & Environment Court Act 1979, as appropriate.

 

·     Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.  Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

 

37.     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.

 

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

 

Noise and vibration from any rock excavation machinery and pile drivers (or the like) must be minimised by using appropriate plant and equipment and silencers and a construction noise and vibration minimisation strategy, prepared by a suitably qualified consultant is to be implemented during the works, to the satisfaction of the Principal Certifying Authority.

 

39.     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 access to demolition/building works, materials and equipment on the site is to be restricted and 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 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 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.

 

g)     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.

 

h)     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.

 

i)      A local approval application must be submitted to and be approved by Council's Building Services section prior to commencing any of the following activities upon any part of the footpath, road, 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, container or other article.

 

40.     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:

 

·           new dwellings or additions to dwellings sited up to the property boundaries (including additions to a semi-detached dwelling),

·           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,

·           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 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.

 

Fire safety

 

41.     Fire safety and building upgrading works are to be implemented in accordance with the recommendations  contained in the Building Code of Australia Compliance Assessment Report prepared by AE&D consultant, dated 19.10.2009, ref: 2353 REV 01.

 

42.     All new building works must satisfy the relevant performance or deemed-to-satisfy provisions of the Building Code of Australia.

 

43.     All of the fire safety upgrading works and new building work must be detailed in the Construction Certificate for the development.

 

44.     The fire safety upgrading works must be carried out prior to issuing of an Occupation Certificate for the development and written confirmation must be provided to Council which verifies that all of the upgrading works have been carried out in accordance with the conditions of consent (together with a Fire Safety Certificate for the Essential Fire safety Measures) prior to issuing an Occupation Certificate.

 

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

 

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

 

a)  $1000.00        -      Damage/Civil Works Security Deposit

 

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

 

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

 

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

 

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

 

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

 

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

 

46.     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.

 

47.     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.

 

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.

 

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

 

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

 

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

 

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

 

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

 

·      30mm above the back of the existing footpath at all points opposite, along the full site frontage.

 

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

 

52.     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.

 

53.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $121(inclusive of GST). 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:

 

54.     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.

 

55.     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.

 

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

 

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

 

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

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to whatever occurs first of the following;

 

a)    Issuing of an occupation certificate. or;

b)    Release of the plan of strata subdivision.

 

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

 

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

 

58.     As the subject development site falls away from Carrington Rd and infiltration has been deemed not appropriate by Development Engineering, all site stormwater must be discharged :

 

a)   Through to Council’s street drainage system in Pauling Ave by gravity via a private drainage easement through an adjoining private property (or properties).

           

b)   Through to Carrington Road via a pump system

 

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

 

The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

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

 

a)     The sediment/silt arrester shall be provided within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system; and

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·       A sign adjacent to the pit stating:

 

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

 

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

 

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

 

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

 

b)   Details of the pumping systems installed (including wet well volumes).

 

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

 

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

 

Notes:

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

 

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

 

63.     Any seepage water must be drained directly into an absorption pit within the site. Seepage water must not be drained from the site.

 

64.     A report must be submitted to and approved by the Certifying Authority or an accredited certifier, prior to issuing the Construction Certificate, detailing the proposed method of excavation and dewatering process.  This report is to be prepared by suitably qualified and experienced Geotechnical, Hydrological and Structural Engineers and is to include but not limited to:

 

·       The proposed method of shoring/piling and dewatering.

 

·       The zone of influence of any possible settlement.

 

·       The location of any proposed re-injection points in relation to the property boundaries (where re-injection equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

 

·       Monitoring of fluctuations of the water table during dewatering/construction to be undertaken by consulting engineers to ensure that the conditions of consent and other relevant requirements are satisfied.

 

·       The location of all proposed monitoring equipment in relation to the property boundaries (where monitoring equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

 

·       Details of any consultation and arrangements made with owners of any potentially affected nearby premises (ie in relation to access, monitoring and rectification of possible damage to other premises).

 

·       Details of groundwater quality and proposed disposal of any potentially contaminated groundwater in accordance with relevant requirements of the Department of Environment & Conservation, Council and the Protection of the Environment Operations Act 1997, in an environmentally sensitive manner.

 

·       The location of all pumping equipment in relation to the property boundaries.

 

·       The proposed method of noise attenuation for all pumping equipment, so as not to be more than 5dB (A) greater than the A – weighted L90 background sound pressure level between the hours of 7am to 10pm within any residential premises and not to be audible at all between the hours of 10pm and 7am within any residential dwelling.

 

·       Confirmation that the proposed methods of dewatering and excavation are appropriate and in accordance with ‘best practice’ principles and should not result in any unacceptable levels of settlement or damage of the adjoining or nearby buildings within the zone of influence.

 

 

The dewatering process must be monitored by the consulting Engineer/s to the satisfaction of the principal certifying authority and documentary evidence of compliance with the relevant conditions of consent and dewatering requirements must be provided to the principal certifying authority and the Council.

 

The site conditions and fluctuations in the water table are to be reviewed by the consulting Engineer prior to and during the excavation/construction process, to ensure the suitability of the excavation and dewatering process and compliance with Council's conditions of consent.

 

65.     If any temporary dewatering of the site is required to facilitate construction of any part of the lower ground structures a licence under Part V of the Water Act 1912 will be required. The licence must be obtained from the NSW Department of Water and Energy prior to installation of the works. A copy of the license agreement must be forwarded to Council prior to any dewatering being undertaken.

 

66.     A separate written approval from Council is required to be obtained in relation to any proposed discharge of groundwater into Council’s drainage system external to the site, in accordance with the requirements of Section 138 of the Roads Act 1993.

 

Waste Management Conditions

 

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

 

67.  The waste storage area will have to be designed so as to be able to contain a total of 7 x 240 litre bins (3 garbage bins, 3 recycle bins & 1 green waste bin) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

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

 

68.     That part of the nature-strip upon Council's footway which is damaged during the construction of the proposed works 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.

 

69.     Landscaping at the site shall be installed substantially in accordance with the Landscape Concept Plan by Frolic Consortium Landscape Architects, job number 7685, drawing number LCP/L01, dated November 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, and must include:

 

a)  A focus on the incorporation of suitable accent/feature species within those garden areas fronting Carrington Road in order to enhance the appearance of the site, proposed works and its presentation to the street;

b)  In this regard, Council encourages the use of low growing, low maintenance grass/strap leaf species within the public verge, between the front property boundary and footpath, providing they will not encroach onto the footpath and create an obstruction or maintenance issue;

c)  Suitable landscape treatment around the perimeter of the ground level private open space at the front of the site to ensure the privacy and amenity of future occupants from the adjoining access paths and car-spaces;

d)  A detailed planting plan which shows exactly what is to be planted and where, including elevations showing the mature height of planting in relation to the proposal;

e)  A plant schedule that lists only those species being nominated for use, and will need to include botanic names, size at maturity, spacing, quantity, pot size, staking methods and any maintenance practices where appropriate;

 

f)  Additional notation showing soil, gravel, pebble and mulch details, irrigation, lighting, edging, paving, fencing or screening details, surface finishes, retaining wall details, and any other landscape elements in sufficient detail to fully describe the proposed landscape works;

g)  Provision of at least 1 x 100 litre native tree species within the front setback of the site, selecting a species that will attain a minimum height at maturity of between 4-7 metres, with at least 2 x 100 litre trees which will attain a minimum height of 12 metres at maturity to be provided within the rear setback;

h)  All planter boxes and garden beds constructed must have a minimum soil depth of 600mm;

i)   In order to reduce the amount of storm-water generated by the site, as well as to recharge groundwater supplies, porous/permeable paving shall be used in all hard surfacing not over slab;

j)   All detention tanks and below ground stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping.

 

70.     Landscaping shall be installed in accordance with the approved documentation,   prior to the PCA issuing of a Final Occupation Certificate, with the owner to ensure the landscaping is maintained in accordance with these plans.

 

Street Tree Removal & Replacement

 

71.     Approval is granted for the applicant to remove and dispose of (at their own cost) the existing Glochidion ferdinandii (Cheese Tree) on Council’s Carrington Road verge, located centrally across the width of the site, during excavations associated with the proposed vehicle crossing as shown, and must satisfy themselves as to the location of all site services prior to the commencement of any works on public property.

 

72.     The applicant shall submit a total payment of $350.00 (including GST) to Council, being to reimburse Council for the cost of originally planting this street tree which only needs to be removed in order to accommodate the proposed works, as well as to cover the costs for Council to supply and install 1 x 25 litre replacement of the same species, to the north of the proposed vehicle crossing, at the completion of all works.

 

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

 

The applicant shall contact Council’s Landscape Development Officer on 9399-0613, giving at least four working weeks notice, to arrange for the replacement street tree upon completion of all site works.

 

Removal of trees within the site

73.     No objections are raised to removing any existing vegetation within the site where necessary in order to accommodate the proposed works as shown, as all were observed to be insignificant, and too small to be covered by the provisions of Council’s Tree Preservation Order (TPO), but is subject to full implementation of the approved landscape plan.

 

Strata Subdivision Conditions

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

 

74.     All floors, external walls and ceilings depicted in the proposed strata plan must be constructed prior to the issue of a strata subdivision certificate.

 

75.     All floors, external walls and ceilings depicted in the proposed strata plan must correspond to those depicted in this development consent and subsequent construction certificate for the building.

 

76.     Prior to endorsement of the strata plans, all facilities required under this development consent (such as parking spaces, terraces and courtyards) must be provided in accordance with the relevant requirements.

 

77.     The applicant shall provide Council with the finalised strata plan of the property prior to receiving strata subdivision approval.

 

78.     The applicant shall create suitable rights of carriageway, easements for services, support and stormwater lines, as required. The applicant shall be advised that the minimum easement width for any stormwater line is 0.9 metres.

 

79.     A formal subdivision application is required to be submitted to and approved by the Council or an accredited certifier and all conditions of this development consent are required to be satisfied prior to the release of the subdivision plans.

 

80.     Details of critical stage inspections carried out by the principal certifying authority, together with any other certification relied upon, must be provided to Council or the accredited certifier prior to the issuing of a subdivision certificate.

 

ADVISORY

A1      The assessment of this development application does not include an assessment of the proposed building work under the Building Code of Australia (BCA).

 

All new building work must comply with the BCA and relevant Australian Standards and details of compliance must be provided in the Construction Certificate application.

 

It is noted that a fire isolated stair is required to serve the proposed top floor and details are not provided.

 

A2      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

 

Attachment/s:

 

Nil

 

 


Planning Committee

8 June 2010

 

 

 

Development Application Report No. D34/10

 

 

Subject:                  135 Carrington Road, Coogee

Folder No:                   DA/885/2009

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Alterations and additions to an existing multi-unit residential development to provide 4 x 2-bedroom and 2 x 3-bedroom dwellings, including construction of an additional floor level to create a part 4- and part 5-storey building, installation of rear balconies, conversion of the lower ground floor to living areas, provision of 2 x off-street car spaces and associated landscape works.

Ward:                      North Ward

Applicant:                Brian Meyerson Architects Pty. Ltd.

Owner:                         A, G & S Voloshin and M Moses

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject proposal is referred to the Planning Committee Meeting for determination as it contains variations to the FSR, external wall height and building height development standards by more than 10%.

 

The proposal was advertised and notified from 9 to 23 December 2009 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of four (4) submissions were received at the conclusion of the public consultation process. The issues raised in the submissions are primarily related to privacy, overshadowing, view loss and parking, and have been addressed in the body of this report.

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended.

 

The subject site is located within Zone No. 2B (Residential B Zone) under RLEP 1998. The proposed development will upgrade an existing aged residential flat building and provide one additional dwelling unit. The proposal is considered to be consistent with the zoning objectives.

 

The proposal has an FSR of 0.71:1, which exceeds the LEP development standard by 0.06:1. The proposed building and external wall heights reach up to 14.4m, and do not comply with the LEP standards. Notwithstanding, the proposal will present as a two-storey development to Carrington Road due to the steep topography of the site. The development scheme has incorporated suitable design measures to minimise the visual scale and bulk of the structures, and is considered to carry positive design merits.

 

The Randwick Multi-Unit Housing DCP specifies detailed built form, setbacks and amenity controls for residential flat buildings across Randwick City. The building height, setbacks, landscaped open space provision, façade treatment, screening devices and solar access of the development comply with the objectives and performance requirements of the DCP and are considered to be satisfactory.

 

The proposal has incorporated 2 off-street car spaces and is considered to be adequate to support the intensification of use given the existing site constraints.

 

The development will result in the loss of low cost rental accommodation on the site as defined under SEPP (Affordable Rental Housing) 2009. Notwithstanding, the loss of 5 low cost dwellings is relatively minor in nature and is not considered to result in a significant social impact on the Coogee area. A special condition is recommended to require the payment of a monetary levy to mitigate the loss of low rental dwellings pursuant to Clause 51 of the SEPP.

 

The proposed development meets the objectives and performance requirements of relevant State and Local planning controls. Therefore, the proposal is recommended for approval subject to conditions.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 34 in DP 9121, No. 135 Carrington Road, Coogee. The site is located on the eastern side of Carrington Road, north of the intersection with Alison Road. The land has a steep topography with a fall of approximately 12m. The dimensions and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern, side boundary

55.055m

 

Southern, side boundary

59.18m

 

Eastern, rear boundary

14.035m

 

Western, Carrington Road boundary

13.41m

 

 

 

765.1m2

 

At present, the site accommodates a part 3- and part 4-storey residential flat building of brick and tiled roof construction, which contains 5 x 2-bedroom dwelling units. A detached single garage is located in the front section of the site.

 

The subject site, in conjunction with the adjoining land at No. 133 Carrington Road immediately to the north, contain a mirrored pair of similarly configured residential flat buildings. The building at No. 133 is the subject of a separate development application for alterations and additions similar to that of the subject proposal, which is currently being assessed by Council.

 

Further to the north is a 3-storey flat building (No. 131 Carrington Road). To the south is a 2-storey flat building (No. 137 Carrington Road). To the east are single- and double-storey detached houses with frontage to Pauling Avenue. The western side of Carrington Road consists of a mixture of detached dwellings and flat buildings. The locality is predominantly characterised by a mixture of detached, semi-detached and multi-unit residential developments.

 

Figure 1 Street elevation of the existing buildings on No. 133 (left) and No. 135 (right, subject site) Carrington Road

Figure 2 Street elevation of the existing flat building on the site; the existing single garage is seen on the right

Figure 3 Northern elevation of the flat building at No. 137 Carrington Road (middle)

Figure 4 Rear courtyard of the site

 

3.      The Proposal

 

The proposed development is for alterations and additions to the existing residential flat building on the site. The proposal includes the following elements:

 

·      Construction of a top floor loft addition over the existing building containing 1 x 3-bedroom dwelling.

·      Construction of balconies and terraces attached to the rear elevation of the building.

·      Conversion of the lower ground floor into living areas.

·      Minor alterations to the internal layout.

·      Provision of 2 x car parking spaces on slab to the front of the building.

·      General landscape works.

·      Strata subdivision to reflect the altered building layout and increased unit numbers.

 

The proposal will create the following dwelling mix:

 

·      4 x 2-bedroom units

·      2 x 3-bedroom units

 

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

The proposal seeks to vary development standards contained within RLEP 1998. A SEPP 1 Objection has been submitted to Council.

 

(i)     Floor space ratio

Pursuant to Clause 32(1) of RLEP 1998, the maximum floor space ratio (FSR) for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2B is 0.65:1 or 497.3m2 gross floor area (GFA). The proposal has an FSR of 0.71:1 or 545m2 GFA, and exceeds the development standard by 0.06:1 or 47.7m2. The proposal entails a variation to the standard by 9.6%.

 

The proposed variation is summarised in the table below:

 

 

Floor space ratio (FSR)

Gross floor area (GFA)

Existing building

0.47:1

358m2

Proposed development inclusive of existing floor space

0.71:1

545m2

Permissible FSR /  GFA

0.65:1

497.3m2

FSR / GFA in excess of LEP standard

0.06:1

47.7m2

 

(ii)    Building heights

Clauses 33(1) and 33(3) specify the maximum overall and external wall heights of 9.5m and 7m respectively in Residential 2B Zone. Given the virtually flat roof configuration of the works, the overall building height of the development is equivalent to its external wall height, being 14.3m (northern elevation) to 14.4m (southern elevation) at maximum.

 

The proposed variation is summarised in the table below:

 

 

Overall building height

External wall height

Proposed development

14.3m to 14.4m

14.3m to 14.4m

Permissible height

9.5m

7.0m

Building height in excess of LEP standard

4.8m to 4.9m

(which equates to 50.5% to 51.6% variation to the standard)

7.3m to 7.4m

(which equates to 104.3% to 105.7% variation to the standard)

 

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

 

Matter 1

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

 

·      Comments:

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

 

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

 

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

 

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

 

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

 

Page 21 of Statement of Environmental Effects (comments relating to FSR)

-        The building design from the rear creates a receding building bulk and scale up the slope of the land and appears of no greater building bulk and scale than the surrounding residential flat buildings.

 

-        Further, the rear building line is setback some 19m from the rear property boundary. Thus, the bulk and scale of the development has no amenity or visual impact upon the rear Pauling Avenue properties abutting to the east due to the steep topography and fall beyond the rear property boundary.

 

-        The existing pair of older style residential flat buildings is in need of substantial maintenance and upgrade. The proposed increased floor space, whilst not detracting from or impacting upon the surrounding properties, is necessary to promote the viable economic redevelopment of the site. Consequently, strict compliance with the FSR development standard fails to encourage the orderly and economic use and development of the land. The proposed building, although breaching the FSR development standard by 47.7m2, represents a more appropriate development solution for the site that is not possible under the current controls.

 

Page 23 of Statement of Environmental Effects (comments relating to building heights)

-        The steep topography of the site accentuates the increased building height.

 

-        The building envelope and built form of the proposed development will not give rise to any significant adverse overshadowing impacts, view loss, privacy or visual impacts on adjoining and surrounding properties.

 

-        The variation of the maximum building height in the manner proposed will result in no adverse effects to the public domain and is of a lesser height than that of the previous proposed development as per approved DA/887/2007.

 

-        The proposed development will enhance and complement the existing urban character by having an appearance which is sympathetic with the surrounding buildings and streets but reflect new lifestyles, materials and technologies.

 

It is considered that the proposal is satisfactory and compliance with the aforementioned development standards is unreasonable and unnecessary based on the following reasons:

-        The subject locality is characterized by a mixture of multi-unit, semi-detached and detached residential developments. The proposed development will create a part 4- and part 5-storey residential flat building. However, given the steep topography of the site, the altered building will present as a two-storey development as viewed from Carrington Road. The submitted streetscape elevation and perspective image clearly demonstrate that the refurbished building will be consistent with the height and scale of the adjoining residential premises on Carrington Road.

-        The loft addition adopts a contemporary design using modern finishing materials, and is articulated by a variety of window forms and screening devices. The additions are appropriately distinguished from the existing structural fabrics and will retain the existing art deco architectural features. The new storey incorporates a low profile skillion roof and steps in from the external wall alignments below. The design scheme is considered to be compatible with the height, scale and character of the surrounding buildings along the eastern side of Carrington Road.

-        The rear balcony additions are characterized by light-weight steel framed structures and are substantially open in nature. This element of the proposal will not result in an undesirable visual bulk.

-        The proposal significantly exceeds the minimum requirements for landscaped open space by more than 99m2. The development scheme does not have an excessive site coverage or footprint. The application has included a landscape plan that proposes comprehensive upgrade to the site. It is considered that the development will deliver a significantly improved landscape ambience for the building and enhance the streetscape amenity.

-        The previous approved proposal (DA/887/2007) covers the two allotments at Nos. 133 and 135 Carrington Road. It involves complete demolition of the existing structures and construction of a new apartment block with a front setback of approximately 6m, and a horizontal span of up to approximately 19.5m.

 

The current scheme will substantially retain the existing buildings on the subject and adjoining sites (Nos. 133 and 135). In lieu of creating a continuous solid façade fronting Carrington Road, the existing gap between the pair of residential buildings will be retained. Accordingly, the proposed design will maintain a visual break and preserve the existing view corridor to the distant skylines from the public domain.

 

The existing wide setback of 14.1m will be maintained by the development, with the exception of an open, uncovered car parking area.

 

The subject proposal is considered to represent an improvement over the approved scheme in terms of streetscape appearance and visual bulk and scale.

-        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, view loss or visual bulk and scale.

 

In conclusion, the submitted SEPP 1 Objection has addressed the consistency of the proposed development with the underlying and stated purposes of the standards, the local planning objectives for the locality and objectives of the Act. The objection has appropriately justified that the strict compliance with the development standards 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.”

 

·      Comments:

The variations from the FSR, external wall height and building height standards 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 2B Zone in that it will allow multi-unit residential housing, which is consistent with the desired character of the locality.

 

Matter 3

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

 

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

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

 

·      Comments:

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

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 standards in question is unreasonable and unnecessary as the design scheme will achieve the underlying purposes of the standards.

 

Second

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

 

Comments:

The underlying objective or purpose of the standards is relevant to the subject development. As discussed above, the proposal is considered to satisfy the underlying purposes of the FSR, wall height and building height standards.

 

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 numerical compliance in this particular instance is unreasonable. The proposed wall height, building height and FSR will not result in detrimental streetscape or amenity impacts on the locality. The resultant built form and scale are compatible with the surrounding residential premises and represent a suitable infill development.

 

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, wall height and building height development standards have not been abandoned or discarded by any decision or actions of Council.

 

Each development application received by Council is assessed with regard to its merits. There has been no precedent established by Council’s assessment decisions, which in effect would abandon the development standards prescribed in the LEP.

 

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 B zoning is not considered to be inappropriate for the locality. The RLEP (Consolidation), effective from 15 January 2010, has maintained the 2B zoning for the site.

 

5.      Site History

 

Previous development application relating to the site

 

DA/887/2007

Demolition of the existing residential flat buildings at Nos. 133-135 Carrington Road and construction of a part 4- and part 5-storey multi-unit residential development comprising 1 x 1-bedroom, 7 x 2-bedroom and 4 x 3-bedroom apartments with 2 levels of basement car parking for 20 vehicles.

 

Council, at its Planning Committee Meeting on 13 May 2008, granted approval to the proposed development.

 

6.      Community Consultation

 

The subject application was advertised and notified from 9 to 23 December 2009 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received at the conclusion of the public consultation process:

 

·      6/129A Carrington Road, Coogee

·      131 Carrington Road, Coogee

·      137 Carrington Road, Coogee

·      32 Raleigh Street, Coogee

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposed works will result in unreasonable overshadowing on the adjoining developments.

The proposal will not result in unreasonable overshadowing on the adjoining properties. The development will maintain adequate direct sunlight to the living room windows and principal open space of the adjoining properties on 21 June. Refer to the “DCP” section of this report for details.

The proposed balconies and windows will overlook the adjoining residential properties.

 

The balcony balustrades should be constructed with obscured glass.

A specific condition is recommended to require appropriate screening devices to be installed along both the northern and southern elevations of the rear balconies of No. 135 Carrington Road. The proposal will not result in unreasonable privacy impacts on the adjoining properties, subject to the above condition. Refer to the “DCP” section of this report for details.

The proposed balconies and terraces as well as car parking facilities will result in unreasonable noise impacts on the adjoining residences.

The proposal will not result in unreasonable noise impacts on the adjoining properties. Refer to the “DCP” section of this report for details.

It is unclear as to whether air-conditioning has been included in the proposal.

The application does not seek approval for any air-conditioning units.

The width of the proposed rear balconies should be reduced to preserve views from the residential units of No. 131 Carrington Road.

The proposal will not result in unreasonable view loss impacts on the adjoining residential properties. Refer to the “DCP” section of this report for details.

It is unclear as to whether a high retaining wall will be built adjacent to the northern boundary of No. 133 Carrington Road.

This matter is related to the proposed development on the adjoining site at No. 133 Carrington Road. It has been addressed in the Assessment Report for DA/884/2009. 

The proposal has not included sufficient off-street parking to support the intensified use.

The development scheme is considered to have provided adequate on-site parking to support the intensified residential use. The proposal satisfies the objectives and requirements of DCP – Parking. Refer to the “DCP” section of this report for details.

The development should only incorporate one single driveway to minimise reduction of kerb side parking spaces in the street.

The option to provide one single driveway to both No. 133 and No. 135 Carrington Road has been considered by the applicant at the pre-lodgement stage. However, this arrangement will necessitate demolition of the existing central stairways to both properties and significant reduction of front landscaping.

 

The current proposal will maximise landscape planting along the site frontage and will contribute to a more aesthetically pleasing streetscape outcome.

 

The proposal does not provide for garbage and recyclables storage areas.

The design scheme has dedicated suitable waste storage areas within the development.

The development will result in detrimental impacts on the streetscape.

The proposal will not result in detrimental streetscape impacts. Refer to the “SEPP 1” section of this report for details.

A dilapidation report in relation to the adjoining properties should be prepared prior to the commencement of works.

A dilapidation report will be required by condition.

The proposal will result in a loss of affordable housing in the locality.

Refer to the “SEPP: Affordable Rental Housing” section of this report for details. 

 

7.      Technical Officers Comments

 

7.1    Development Engineer and Landscape Development Officer

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

 

Access Comments

Adequate vehicular access can be achieved into the proposed carspaces. The carspaces are of RL 48.60. This enables the grades to fully comply with Development Engineering’s requirements.

 

Drainage  Comments

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

 

The drainage concept plans by Northern Consulting Engineers indicate an absorption trench located at the rear of the property. Due to the steepness of the subject site and adjoining rear properties, and the likelihood of rock being close to the surface, Development Engineering are of the opinion that infiltration will not be appropriate in this instance.  In support of the infiltration option however the applicant has submitted a geo-technical report by Crozier- Geotechnical Consultants that conclude that rock is more than 2.4m below the surface and infiltration is viable. Development Engineering have a number concerns about this report however. Firstly only 3 boreholes were dug within the site and two of them only to 1.8m in depth. Infiltration areas are required to be at least 2m above any rock. Only one borehole goes to this depth and this is not considered a sufficient demonstration of site conditions enabling suitability for infiltration. The proposal for a retaining wall at the rear of the property which extends to only 1m below the surface is also not considered to be adequate. The report does not adequately comment on the very steep slope of the adjoining properties at 21-25 Pauling Avenue or give the current details of stormwater disposal on the site except to say it is unknown. It is quite possible that stormwater may actually discharge to the existing sewer that crosses the rear yard of the property so any infiltration area may significantly add stormwater discharge to the ground.  The steep nature of the slope within the rear yards of 21-25 Pauling Avenue is of significant concern to Development Engineering. The slope is in excess of 20 degrees and any increase in water infiltration upward of this slope has potential to affect the stability of the slope face especially during major storm events. In the rear yard of No.25 Pauling Avenue the owner has gone to considerable expense in improving the rear yard and stormwater runoff as she has informed me that during major rain events there is considerable runoff coming down the slope. In the adjoining yards at No.21-23 Pauling there is considerable vegetation and in the case of No.23 Pauling a substantial retaining wall which contribute to the current stability of the slope face. Development Engineering is concerned that infiltration may possibly contribute to weakening of this slope face.

 

The other drainage options are for a pump out system to Carrington Road or drainage easement over adjoining properties. Easements are notoriously difficult to obtain in the eastern suburbs and given the wide footprint of the houses in Pauling Avenue the only real alternative is for a pump-out system.  Appropriate conditions have therefore been added to this report.

 

Parking/Traffic Comments

The site presently does not have any provision for off-street parking and as the application is for alterations and additions and does not involve a change in use of the property it can be argued that the site is subject to a parking credit. Additional off-street parking is encouraged wherever possible especially in this are where parking is in high demand after hours for local residents. In this case however due to the parking credit Development Engineering will only require that parking be provided for the new 3 bedroom units. It is also noted that the site is located in close proximity to public transport with the 313 bus route between Coogee and Bondi Junction passing in front of the subject property and the bus routes to the city 374 & 339 which travel up nearby Alison & Clovelly Road. There is also a GoGet carshare space which is located nearby in front of 151 Carrington Road.

 

Parking rate for the development has been calculated using Council’s DCP-Parking.

 

Existing situation

5 x 2 bedroom units = 5 x 1.2 = 6 spaces + 1 visitor = 7 spaces required

Existing provision = 0.

Parking credit = 7

Proposed Development

4 x 2 bedroom + 2 x 3 bedroom unit = 4 x 1.2 + 2 x 1.5 + 1 visitor = 8.8 spaces

- parking credit of 7 spaces = total required = 1.8 = say 2 spaces

 

Parking proposed = 2 spaces (complies)

 

It is recommended that the carspaces be allocated to the 3 bedroom units. The submitted strata plans appear to demonstrate that this is in fact the case.

 

It is noted that the design review panel has issues with the location of the two car spaces in front of the residential flat building and should amended plans be requested the assessing officer should refer the application back to Development Engineering for comment.

 

The only other concern to Development Engineering is the requirement that cars will be required to reverse out of the carspaces onto Carrington road which is considered a busy road. Sightlines are fairly poor due to the number of parked cars blocking visibility up Carrington Road. Carrington Road does bend westwards slightly just north of the site improving sight lines slightly and also providing some time to manoeuvre. There is also a separation of the traffic lane and the parking lane along Carrington Road at this location that also assists. The wall along the northern edge of the carspace will also need to be  limited in height to 600mm above the driveway level to maintain this sight line. The parking arrangements are satisfactory and the supplied traffic and parking assessment report by Varga Planning is acceptable and findings noted.

 

Waste Management Comments

Due to the significant amount of landscaped area in the proposal and the ongoing need to maintain it the provision of one green waste bin is considered appropriate. This brings the total number of bins required for the development to 7 (3 normal + 3 recycling + 1 green waste)

 

Landscape Comments

DA/887/2007 for both 133 & 135 Carrington Road (as one development) proposed similar works to this current application, with similar comments able to be provided.

 

Beyond the southwest corner of the subject site, in the front yard of the adjoining property to the south, 137 Carrington Road, close to the common boundary, there is a mature Harperphyllum caffrum (Kaffir Plum) whose northern aspect overhangs the common boundary, substantially into the subject site, and is already above the existing garage and pedestrian path and steps.

 

While both the applicant and Council have a responsibility to ensure it remains unaffected by the proposed works, the existing stairs appear to be shown as remaining in place, which will benefit the tree, with some medium order, lower growing branches needing to be pruned from its northern aspect (prior to the commencement of any site works in order to prevent conflict/mechanical damage), but given the well known resilience of this species, and providing it is performed by a qualified professional in accordance with industry standards, is not an amount that would threaten its health, with conditions to this effect included in this report.

 

Still within this neighbouring site, the large and mature Melaleuca quinquinervia (Broad Leafed Paperbark) of approximately 15 metres in height immediately to the east of the tree described above, on lower ground, will not be affected by this application given an absence of any overhanging branches as well as the distance provided between this tree and any of the proposed works, with conditions for this tree not required.

 

Within the front setback of the subject site, hard up against the western edge of the existing building, there is a mature Cupressus torulosa (Bhutan Cypress) of around 8 metres in height which despite appearing in good health and condition, is exempt from the provisions of Council’s TPO, could not be retained as part of such a proposal due to its inappropriate location against the building, with consent for its removal provided, subject to a replacement feature tree being provided in this same area of the site.

 

There are numerous established trees throughout the rear yard which provide a pleasant and leafy outlook for both the subject site and adjoining properties to the south, north and east, and includes firstly, a 6 metre tall Persea americanna (Avocado, tree 2 on the Existing Tree Schedule on the submitted Landscape Plan) located centrally, at the toe of a grassed embankment which slopes down to the east, which already displays a pronounced lean to the north, and is considered to pose a risk to person and property from future failure.

 

Avocado’s are not a particularly desirable species for high quality residential developments, and given that it is not a significant example of the species, will be in direct conflict with the proposed rear terrace area, as well as the fact there is ample room to accommodate an alternative species in this area which would be of much more benefit to the site and environment at large, approval has been granted for its removal.

 

To the southeast of the tree described above, close to the southern boundary, there is a mature Eucalypts robusta (Swamp Mahogany, tree 4) of approximately 15 metres in height, which is the most established tree within the whole site, is covered by the TPO, and appears in fair health and condition, with evidence of pest infestations in the form of defoliation, and a high quantity of deadwood also observed throughout its canopy.

 

The lowest lateral branch attached to the northern side of its trunk, extending into the main part of the rear yard, has grown as a result of past mechanical damage, and is not regarded as structurally sound, and should be pruned back to a main junction in order to eliminate the risk of future failure.

 

Such established endemic trees provide many benefits to the local environment, with Council’s aerial photos revealing that this site and tree form part of an important ‘green corridor’ that exists along the ridge line of both Pauling and Ritchard Avenue’s to the east, for a length of around 600m, and further, as all works are sited a reasonable distance away, needs to be protected and retained.

 

Immediately to its north, there is a Banksia integrifolia (Coastal Banksia, tree 3) of approximately 8 metres in height which is also a native coastal tree, and while being suppressed under the more dominant canopy of the Swamp Mahogany, is still in reasonable health and condition, is also covered by the TPO, and can be retained in the same manner described above.

 

Beyond the southeast corner of the subject building, actually within the rear yard of 137 Carrington Road, and close to the common boundary, there is a Corymbia ficifolia (Flowering Gum) of around 8 metres in height, which already appears in poor health and condition due to the high quantity of deadwood throughout its canopy, and its existing lean to the southeast.

 

As its northern aspect overhangs into the subject site, conflict will arise during construction of the proposed rear extension as shown, with the relevant consent approving the pruning of branches back to the common boundary included.

 

Still within this adjoining property, but further to the east of the tree described above, the two 8-9 metre tall Eucalyptus pilularis (Blackbutts), were already observed to be in poor health and condition due to the extensive past pruning of branches from their northern aspects, and while they will not be affected given an absence of any major works in the area, permission has still been granted to prune any overhanging deadwood in the interest of safety.

 

7.2    Building Surveyor

The comments provided by Council’s Building Surveyor are extracted below:

 

BCA Building Classification

Class 2 – Residential units

 

Description of the Building

In summary, the building will incorporate:

 

·       A ‘rise in storeys’ of five

·       Masonry walls, tiled roof and timber floors

·       One exit stairway, of exit construction

·       A total of 6 sole occupancy units

·       External decks

·       Side boundary building setbacks of approximately 2800mm

 

Key Issues

 

Building Code of Australia (BCA):

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

 

Site Management:

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

 

8.      Master Planning Requirements

 

The site has a land area of only 765.1m2 and a master plan is not required under Clause 40A of Randwick Local Environmental Plan 1998.

 

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 1 December 2009 and is therefore subject to the savings provision. Furthermore, when determining an application to which Clause 7 applies, the consent authority must have regard to the provisions of the new plan as if it had been exhibited under the Act but had not been made.

 

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

 

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

Clause

Requirement

Proposal

Compliance

21 Subdivision

Subdivision permissible with development consent

The proposal seeks approval for Strata subdivision.

Complies, subject to conditions

31 Landscaped area

(2) Minimum 50% of site area (or 382.6m2)

482m2 or 63% of site area

Complies

(3) Landscaped areas over podiums or basements not exceeding 50% of total provision

0% of the landscaped areas are provided over basements

Complies

32 Floor space ratio

Maximum 0.65:1 or 497.3m2

545m2 or 0.71:1

Does not comply, SEPP 1 Objection submitted

 

33 Building heights

(1) Maximum building height 9.5m

Northern side elevation: 14.3m

Southern side elevation: 14.4m

Does not comply, SEPP 1 Objection submitted

(3) Maximum external wall height 7m

Same as above.

Flat roof design, the overall building height is equivalent to external wall height

Does not comply, SEPP 1 Objection submitted

40 Excavation and filling of land

Council to consider the likely impact on existing drainage patterns and soil stability in the locality, and the effects of the proposed works on the likely future use or redevelopment of the land

Excavation

Lower ground floor: approximately 1.2m

Backfilling

Front car spaces: approximately 1.1m

Satisfactory, refer to comments below

Excavation and filling of land

The proposal involves backfilling of up to 1.1m in height in order to create a levelled platform for car parking off Carrington Road. The above works will require the construction of a 1.7m high retaining wall. Notwithstanding, the retaining wall structures are generally sunken below the footpath level and will not be readily visible from the public domain. The landscape plan shows the provision of mass planting to screen the blank walling. Therefore, this element of the proposal is not considered to result in detrimental visual impacts on the surrounding areas.

 

The development scheme also requires excavation of approximately 1.2m in depth at the rear of the existing building, in order to accommodate an expanded floor plate for the lower ground storey. Although the excavation works will extend up to the northern common boundary, the lower ground floor will match the proposed works on the adjoining site at No. 133 Carrington Road. Accordingly, no adverse visual impacts will result.

 

Specific conditions are recommended to ensure that suitable retaining walls and protection measures are implemented during works on the site.

 

The proposal is not considered to adversely impact on the drainage pattern and use of the land, subject to the recommended engineering conditions.

 

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

The proposed development is consistent with the general aims and zoning objectives prescribed under Randwick Local Environmental Plan 1998 (Consolidation).

 

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

SEPP No. 65 applies to the proposed development.

 

On 3 August 2009, a pre-lodgement application for alterations and additions to the existing residential flat building on the subject site was referred to the Design Review Panel for assessment. A set of comments has been provided following the meeting.

 

The subject development application was referred to the Design Review Panel for assessment on 1 February 2010. The development scheme has incorporated all design amendments previously suggested by the Panel. No further changes were recommended.

The Design Quality Principles prescribed in the SEPP are addressed as follows:

 

Principle 1 Context

The subject locality is characterised by a mixture of multi-unit, semi-detached and detached residential developments. The proposal will upgrade the existing building on site and is consistent with the desired character of Carrington Road. Public bus services are available along Carrington and Alison Roads, which are within walking distance from the site. The proposed housing density is suited to this highly accessible location. Given the steep topography of the site, the building, with its additional storey, will still be compatible with the bulk and scale of the surrounding developments.

 

Principle 2 Scale

The proposed development will result in a part 4- and part 5-storey residential flat building. However, given the steep topography of the site, the altered building will present as a two-storey development as viewed from Carrington Road. The submitted streetscape elevation clearly demonstrates that the refurbished building will be consistent with the height and scale of the adjoining residential developments on Carrington Road.

 

Principle 3 Built form

The top floor loft addition adopts a contemporary design and is articulated by a variety of window forms and screening devices. The additions are appropriately distinguished from the existing structural fabrics and will retain the art deco architectural features of the building. The new storey is appropriately setback from the external wall alignments below. The design scheme is considered to be compatible with the height, scale and character of the surrounding buildings along the eastern side of Carrington Road.

 

The rear balcony additions are predominantly characterised by light-weight steel framed structures and will not create an undesirable visual bulk.

 

Principle 4 Density

The locality is suitable for medium density residential developments, given its proximity to public transport services and key activity nodes, such as Coogee Bay and the commercial strip along Clovelly Road. The proposed provision of 6 dwelling units is considered satisfactory in the subject locality. 

 

Principle 5 Resource, energy and water efficiency

All proposed and existing dwellings have dual aspects that enable effective cross-ventilation.

 

Suitable screening devices and roof overhangs have been incorporated to protect the top floor unit from low angle morning and afternoon sun during the summer seasons.

 

The existing rear-facing units will also benefit from the new balconies, which serve to provide shade for the interior floor space.

 

Principle 6 Landscape

The application has included a landscape plan that proposes a comprehensive upgrade to the site, including the planting of a combination of trees, shrubs and ground covers in the rear courtyard and front setback areas. It is considered that the development will deliver an improved landscape setting for the building and enhance the streetscape amenity.

 

Principle 7 Amenity

All of the proposed and existing units provide operable windows on more than one elevation with a separation distance of less than 18m. The dwellings are considered to provide adequate natural cross-ventilation.

 

A 3m wide private balcony will be provided for each of the rear-facing and top floor units. A terrace area is also proposed for the front unit at ground floor level. The design scheme is considered to have maximised private open space provision for the occupants.

 

Principle 8 Safety and security

The proposed balconies and windows will provide casual surveillance to the public domain.

 

Given the existing constraints of the site, the entrance lobby to the building is not directly visible from the street. This element of the proposal is considered acceptable in this instance.

 

Principle 9 Social dimensions

The proposal will provide 2 x 3-bedroom units and 4 x 2-bedroom units. The proposed dwelling mix is considered to be satisfactory.

 

Principle 10 Aesthetics

The overall form and detailing of the additions, arrangement of private and communal open space and landscape design are considered to be satisfactory. The proposed architectural composition, fenestration treatment and external finishes achieve a contemporary design response that enhances the street presentation of the building.

 

9.4    State Environmental Planning Policy (SEPP) Affordable Rental Housing 2009

(i) Low-rental residential building

The existing flat building has not been Strata subdivided and currently contains 5 x 2-bedroom rental units.

 

Clause 47 defines a low-rental dwelling as “a dwelling that (at any time in the 24 month period prior to the lodgement of a development application to which this Part applies) was let at a rental not exceeding the median rental level for that time (as specified in the Rent and Sales Report) in relation to a dwelling of the same type, having the same number of bedrooms and located in the same local government area”.

 

A comparison of the weekly rental charged for the existing dwelling units and the median rental for 2-bedroom flats within the Randwick LGA is provided below:

 

 

Median rental for 2-bedroom units in Randwick LGA (Rent and Sales Report)

Rental charged*

March Quarter 2008

$430

$280 - $350

June Quarter 2008

$450

$280 - $350

September Quarter 2008

$443

$300 - $430

December Quarter 2008

$450

$430

March Quarter 2009

$450

$430

June Quarter 2009

$450

$430

September Quarter 2009

$450

$430 - $451.50

December Quarter 2009

$470

$451.50

 

*Note: The rental charged for the existing dwelling units has been progressively increased throughout the past 2 years before the lodgement of the application. The figures listed in the “rental charged” column represent the lowest rentals within the quarter before any increases.

 

Based on the above, it is established that all of the 5 x 2-bedroom units are low-rental dwellings as defined in the SEPP. The existing development is therefore a low-rental residential building. The proposed development will result in the loss of these low-rental dwellings.  

 

(ii) Matters for consideration

 

In determining a development application for alterations and additions and Strata subdivision of a low-rental residential building, Council is to take into account the guidelines stated under Clause 50(2), which are addressed as follows:

 

(a)    Whether there is likely to be a reduction in affordable housing on the land to which the application relates.

 

Comments:

The lower rentals of the existing dwelling units are a result of the age and relative poor condition of the building, and should not be construed as a true reflection of the real market rental values that would normally be expected for the Coogee and Randwick areas.

 

It should be noted that the previous development consent DA/887/2007 has approved the complete demolition of the existing building on the site. The current proposal will not result in a worse outcome in terms of housing affordability as compared to the previous consent. The loss of 5 dwellings is not considered to result in a major reduction in the availability of low cost accommodation in the Coogee locality as a whole.

 

(b)    Whether there is available sufficient comparable accommodation to satisfy the demand for such accommodation.

 

Comments:

The submitted Statement of Environmental Effects (page 26) states that the recent vacancy rates for rental properties within the Sydney metropolitan area “has not risen above 1.6% over the last 12 months indicating a tight private rental market.”

 

The above phenomenon can be partly attributed to a perceivable overall increase in demand for housing in the Sydney metropolitan area. Whilst the proposal will entail the loss of low cost rental accommodation, the degree of the impact is considered to be minor given the small number of dwelling units involved. As will be discussed in the following paragraphs, the provision of a monetary contribution will assist in the delivery of alternate affordable housing by the State Government.  

 

(c)    Whether the development is likely to cause adverse social and economic effects on the general community.

 

Comments:

The loss of 5 low-cost rental dwellings is not considered to result in a significant social or economic impact on the Coogee locality.

 

(d)    Whether adequate arrangements have been made to assist the residents (if any) of the building likely to be displaced to find alternative comparable accommodation.

 

Comments:

No assistance to the existing residents is proposed. However, it should be noted that the previous consent has granted approval for complete demolition of the existing building.

 

The imposition of a condition requiring monetary contribution (under Clause 51 of the SEPP) would assist the NSW Department of Housing in providing alternate low cost rental accommodation to the community.

 

(e)    The extent to which the development contributes to any cumulative loss of affordable housing in the local government area.

 

Comments:

The subject building contains only 5 dwelling units. It is considered that the loss of these dwellings as low cost rental accommodation (as defined in the SEPP) will not create a significant cumulative impact upon the suburb of Coogee or the Randwick Local Government Area as a whole.

 

(f)    The structural soundness of the building, the extent to which the building complies with any relevant fire safety requirements and the estimated cost of carrying out work necessary to ensure the structural soundness of the building and the compliance of the building with the fire safety requirements.

 

Comments:

The existing building has deteriorated with age and requires significant fire safety upgrade and refurbishment to meet the current BCA standards. Given the significant cost of essential works required to provide a satisfactory level of safety and amenity for residents, it would not be economically feasible to retain the current low rental returns on the dwelling units.

 

It should be noted that the previous consent DA/887/2007 approves the demolition of the existing flat building. The proposed retention of the existing building with refurbished smaller sized 2-bedroom units is not considered to deliver a worse planning outcome in terms of housing affordability.

 

(g)    Whether the imposition of a condition requiring the payment of a monetary contribution for the purposes of affordable housing would adequately mitigate the reduction of affordable housing resulting from the development.

 

Comments:

The imposition of a condition requiring monetary contribution (under Clause 51 of the SEPP) would assist the NSW Department of Housing in providing alternate low cost rental accommodation to the community.

 

(h)    In the case of a boarding house, the financial viability of the continued use of the boarding house.

 

Comments:

Not applicable.

 

(iii) Monetary contribution calculations

Pursuant to Clause 51 of the SEPP, the following monetary contribution is payable to Council:

 

C = L x R x 0.05

 

Where:

C =   contribution payable

L =   total number of bedrooms in a low rental dwelling and boarding rooms that will be lost by the proposed development

R =   replacement cost calculated as the average value of the first quartile of sales of strata properties in the local government area in which the development is to take place, as specified in the 4 most recent editions of the Rent and Sales Report

 

Calculations:

Number of bedrooms lost L

5 units x 2 bedrooms each = 10

 

Replacement cost R

Sales price (1st quartile): Strata – Sept Quarter 2009 - Randwick

$455000

Sales price (1st quartile): Strata – Jun Quarter 2009 - Randwick

$440000

Sales price (1st quartile): Strata – Mar Quarter 2009 - Randwick

$427000

Sales price (1st quartile): Strata – Dec Quarter 2008 - Randwick

$425000

Replacement cost R

$436750

 

Contribution payable C

10 X 436750 X 0.05 = $218,375

 

The above contribution will be required by a special condition of consent.

 

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

SEPP: BASIX applies to the proposed development. The development application is accompanied by BASIX Certificate No. A69170. The commitments specified in the above certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

10.    Policy Controls

 

10.1  Randwick Development Control Plan (RDCP) Multi-Unit Housing

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

A site analysis plan has been submitted.

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

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

As existing, not applicable.

P3 Development on corner sites responds to both street frontages.

 

Not applicable.

Height

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

 

A SEPP 1 Objection has been submitted for non-compliance with the building height standards. The Objection has been assessed and is considered to be well founded. Refer to the “SEPP 1” section of this report for details.

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

 

The building bulk is suitably distributed over an architectural form that creates visual interest in terms of articulation and façade treatment. The proposal is considered to have minimised streetscape and amenity impacts.

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

The front setback (14.1m) of the existing building will be maintained.

 

The proposed uncovered car spaces will encroach upon the front setback areas. However, adequate soft landscaping has been included to visually soften the above parking facilities.

P2  Side boundary setbacks

Side setbacks to ensure:

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

 

S2  Zone 2B

Minimum average setback 4 metres.

No part closer than 2.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

 

Loft addition

Northern setback:

2080mm (stairwell) to 2830mm (wall)

Southern setback:

2650mm

 

Rear balconies

Northern setback:

2830mm

Southern setback:

2650mm

 

Lower ground floor extension

Northern setback:

Nil

Southern setback:

1950mm

 

 

 

Comments:

The proposal is constrained by the layout of the existing building. The design is considered to have provided adequate separation between the proposed additions and the adjoining properties, and will not result in detrimental privacy or shadow impacts.

 

The proposed lower ground extension will reserve nil setback from the northern common boundary. Notwithstanding, the development proposal (DA/884/2009) for No. 133 has included a similarly configured lower ground storey. This element of the design scheme will appropriately match that of the adjoining land, and will utilise a currently overshadowed area of the site. The development is considered satisfactory in this regard.

P3  Rear Boundary Setbacks

Ensure that:

§ Solar access and overshadowing are minimised.

§ Privacy between neighbouring dwellings and their open spaces provided.

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

§ Building built across site.

S3  Zone 2B

Minimum average setback 6 metres.

No part closer than 4.5 metres.

Maximum length of wall without articulation 10 metres.

 

Rear balconies

Minimum 19.5m

 

Lower ground floor extension

Minimum 16.5m

 

Satisfactory.

P4  General

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

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

Satisfactory.

Density

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

 

The proposed density and FSR are considered to be satisfactory. Refer to the “SEPP 1” section of this report for details.

Fences

P1  Fences to be/have:

§ consistent with streetscape;

§ Entrances highlighted; and

§ Planting used to soften and provide privacy.

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

 

Satisfactory.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1 Minimum for landscaped area 2 metres.

Satisfactory.

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

 

A landscaped communal courtyard is provided in the rear section of the site.

P3  Private Open Space

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

 

The proposal has included private balconies or terraces for the loft apartment and each of the rear-facing dwelling units.

The ground floor unit (Unit 2) at the front of the site is provided with an open decked terrace. All of the above private open space has a minimum depth of 3m and is suitable for passive recreational activities.

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

 

The front unit at the ground floor level (Unit 2) is provided with a private terrace in front of the building line. Given the constraints of the existing building, the above arrangement is considered satisfactory.

P6  Flats and apartments

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

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

Satisfactory.

 

 

Privacy

P1  Visual Privacy

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

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

Loft addition

The principal living room windows / glazed doors of the loft are oriented towards the east, and will not directly overlook any habitable room windows.

 

 

metres above floor level.

The loft addition does not contain excessive window openings on the side elevations.

 

A specific condition is recommended to require the north-facing stairwell window to be constructed with obscured glazing.

 

Subject to the above condition, the proposal is considered satisfactory in this regard.

P2 Private open space design and location ensure privacy.

 

Rear balconies

The proposal includes new balconies to be attached to the rear elevation of the existing building.

 

A special condition is recommended to require suitable privacy screens to be installed along the northern and southern side elevations of the balconies.

 

The above condition will only require the screens to cover approximately half of the depth of the balconies, consistent with those of DA/884/2009. This design solution is considered acceptable as full length privacy screens would exacerbate the visual bulk of the structures and unnecessarily restrict distant views available to the upper levels.

 

The landscape plan has included the planting of canopy trees in the rear courtyard areas. The proposed vegetation will further reduce oblique overlooking into the adjoining properties.

P3  Acoustic Privacy

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

 

Parking

The proposed open parking area in the front section of the site contains only 2 car spaces. Given the limited number of parking and associated trips making, this element of the development is not considered to result in significant noise impacts on the neighbours.

 

 

Balconies and terraces

The submissions have raised concerns in relation to noise emission from the balcony and terrace areas.

 

It is noted that the flat building at No. 131 has incorporated rear access balconies and stairs, which are currently being used as an informal, passive recreation areas for the occupants. The recently completed apartment building at No. 139-141 also contains rear-facing balcony structures. Rear-facing balconies are considered to be a feature of residential development in the locality.

 

The proposed rear balconies will be sheltered from the road traffic and receive adequate morning sun during the winter seasons. The upper level balconies are also capable of capturing distant water views. It is considered unreasonable to prohibit the provision of rear balconies or to require substantial reduction in their dimensions, which would adversely impact on their functionality.

 

Additionally, each balcony would only be accessible by a single household and is not considered to result in unreasonable noise emission.

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

A standard condition is recommended to require compliance with the Building Code of Australia.

View Sharing

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

 

It is noted that distant views to Coogee Bay and the ocean are available to the east and south-east of the subject and adjoining sites. 

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

 

The proposed development will not have any material impact on the view corridor available to No. 137 Carrington Road, which is located to the south of the site.

 

The development scheme for the adjoining site at No. 133

 

 

 (DA/884/2009) has incorporated rear balconies similar to those of the subject proposal. It is considered that the proposed design will not result in detrimental impacts on the amenity of the adjoining development to the north.

P3 Buildings are aligned to maximise view corridors between buildings.

 

The existing gap between the pair of residential buildings at Nos. 133 and 135 Carrington Road will be retained. Accordingly, the proposed design will maintain a visual break and preserve the existing view corridor to the distant skylines from the public domain.

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

Refer to comments below.

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

 

The design scheme will not overshadow the northern and western roof panes of No. 137 Carrington Road for more than 3 hours on 21 June. 

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

 

The principal living room windows of No. 137 Carrington Road are oriented towards the east and west. The proposal will maintain a minimum of 3 hours of direct sunlight to these windows on the winter solstice.

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

 

Complies.

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

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

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

Refer to “BASIX”.

P5 Buildings have roofs with pitch suitable for solar collectors.

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

The proposed roof design will not preclude the installation of solar collectors in the future.

Safety and Security

P1 Design allows surveillance.

 

Satisfactory.

P2 Approaches and entries are visible.

 

The main entry to the building is not directly visible from the street. However, there is a well defined pathway connecting the public footpath to the doorway. Satisfactory.

P3 High walls and structures avoided.

 

Satisfactory.

P4 Resident car parking has security grilles or doors.

 

No gates are proposed given the site constraints. However, the public and private domain is well defined. Satisfactory.

P5 Visitor parking spaces clearly identifiable.

 

Not applicable.

P6 Adequate lighting for personal safety and security provided.

 

To be required by condition.

P7 Adequate lighting is provided in common areas.

 

To be required by condition.

P8 External lighting does create a nuisance.

 

To be required by condition.

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

The proposed parking arrangement is considered to be satisfactory. Refer to the “Parking DCP” section of this report for details.

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

 

Adequate soft landscaping has been proposed to visually soften the parking facilities.

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

 

Not applicable.

P3 Secure storage for bicycles is provided.

 

To be required by condition.

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

Satisfactory.

P2 Vehicles enter/ leave in a forward direction.

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

Satisfactory.

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

S3 Long driveways provide passing bays.

Satisfactory.

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

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

Satisfactory in terms of safety and manoeuvring efficiency.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

The application proposes the use of reinforced turf in the driveway areas to minimise visual impacts on the streetscape. Satisfactory. 

P6 Driveway gradients safe.

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

Satisfactory.

Storage

P1 Accessible and separate storage for each dwelling.

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

Given the constraints of the site, the proposal does not include any storage units outside of the individual dwellings. The layouts of the new and altered apartment units have sufficient dimensions to accommodate storage facilities and cabinets.

Barrier-Free Access

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

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

A standard condition is recommended to address this matter. 

P2  Dwelling requirements:

  0 – 14 dwellings  0

15 – 29 dwellings  1

30 – 44 dwellings  2

45 – 60 dwellings  3 so on…

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

 

Not applicable.

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

 

Not applicable.

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

 

Not applicable.

Utilities/Site Facilities

P1 Mailboxes provided in accordance with Australia Post.

 

Satisfactory.

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

 

To be required by condition.

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

 

To be required by condition.

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

 

To be required by condition.

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

 

To be required by condition.

P6 Telephone lines provided in accordance with the service provider.

 

To be required by condition.

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

 

Satisfactory.

Waste Minimisation and Management

P1 Waste collection and separation facilities for each dwelling.

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

Satisfactory.

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

 

Satisfactory.

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

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

The proposed waste storage areas are partially screened by soft landscaping. Satisfactory.

 

10.2  Randwick Development Control Plan (RDCP) Parking

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

 

 

Rate

Requirement

Proposed

2-bedroom unit

1.2 / dwelling

1.2 x 4 = 4.8

2

3-bedroom unit

1.5 / dwelling

1.5 x 2 = 3

Visitor

1 / 4 dwellings

6 / 4 = 1.5

Nil

Car wash bay

1 / 12 dwellings

N/A

Nil

Bicycle

1 / 3 dwellings + 1 visitor / 10 dwellings

6 / 3 + 1 = 3

Nil

Total

 

9.3 or 9 car spaces

2 car spaces

 

The proposed development includes 2 car spaces located to the front of the building accessible from Carrington Road. Due to the existing site constraints, it is considered that the proposal has already maximised car parking provision. The development scheme is considered satisfactory for the following reasons:

 

·      The existing flat building contains 5 x 2-bedroom units. Under the DCP, the existing development will generate a parking demand of 7 spaces, being 6 residential bays plus 1 visitor bay. The site currently provides 1 single garage and entails a shortfall of 6 spaces. This shortfall represents a parking credit which applies to the site.

 

Although the proposal will result in a shortfall of 1 space even after allowing for the parking credit (DCP requirement of 9 spaces minus parking credit of 6 spaces = 3 spaces, only 2 spaces provided), the development scheme is considered to have maximised off-street parking provision. The provision of an additional parking bay will significantly reduce soft landscaping in the front setback areas and adversely impact on the streetscape amenity.

 

·      The site is located within walking distance from public transport services. Specifically, the public bus route 313 connecting Coogee and Bondi Junction runs past the subject property on Carrington Road. Bus routes 339 and 374 travelling to Sydney CBD are available on the nearby Alison and Clovelly Roads. 

 

·      A specific condition is recommended to require a minimum of 3 bicycle parking spaces to be provided on the site, consistent with the requirements of the DCP. This will encourage the use of sustainable modes of transport for the occupants.

 

10.3  Randwick Section 94A Development Contributions Plan

The Section 94A Development Contributions Plan, effectively 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 $100001 - $200000

------

------

------

Development cost more than $200000

$460,790

 

1.0%

$4,607.90

 

10.4  Design Ideas for Rejuvenating Residential Flat Buildings

The Design Ideas for Rejuvenating Residential Flat Buildings guideline, dated November 2006, showcases a number of refurbishment concepts using real flat buildings in the Randwick Local Government Area. It aims to encourage refurbishment proposals that improve:

 

·      The liveability of the units to meet current lifestyle needs;

·      The environmental performance and sustainability of the building; and

·      The appearance of buildings within the streetscape.

 

The proposed development has been designed with regard to the principles in this guideline. The proposal is consistent with the design ideas in the following manner:

 

·      Retention of the existing flat building rather than completion demolition.

·      Appropriate integration of the old and new built elements.

·      Improvements of environmental performance.

·      Creation of useable private open space.

·      Improvements of the relationship between indoor and outdoor living.

·      Improvements of access and safety.

·      Provision of essential fire upgrading measures to comply with the Building Code of Australia.

 

11.    Environmental Assessment

 

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

 

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 submission 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, integrated transport and land use

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

 

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development complies with the objectives and performance requirements of relevant Local and State planning controls.

 

The SEPP 1 Objections lodged with respect to the non-compliance with the floor space ratio, external wall height and building height standards are considered to be well founded. The development scheme will not have a significant impact on the amenity of surrounding properties in terms of visual bulk and scale, view sharing, solar access and privacy.

 

The design will be sympathetic to the character of the Carrington Road streetscape and the art deco architectural style of the existing building. The proportions, massing, colours, materials and finishes proposed are considered to be satisfactory and the refurbishment will significantly improve the liveability of the dwelling units.

 

The application is therefore recommended for approval, subject to the recommended conditions.

 

 

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses

 

 

 32(1), 33(1) and 33(3) of Randwick Local Environmental Plan 1998, relating to floor space ratio, building height and external wall height respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the adjoining premises and the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 885/2009 for alterations and additions to an existing multi-unit residential development to provide 4 x 2-bedroom and 2 x 3-bedroom dwellings, including construction of an additional floor level to create a part 4- and part 5-storey building, installation of rear balconies, conversion of the lower ground floor to living areas, provision of 2 x off-street car spaces and associated landscape works, at No. 135 Carrington Road, Coogee, subject to the following conditions:

 

Conditions of Consent

 

1.       The development must be implemented substantially in accordance with the following plans (Job Number 799):

 

Plan Number

Dated

Received

Prepared By

DA00(B)

27.11.09

1 December 2009

Brian Meyerson Architects

DA02(B)

27.11.09

1 December 2009

DA03(B)

27.11.09

1 December 2009

DA04(B)

27.11.09

1 December 2009

DA05(B)

27.11.09

1 December 2009

DA06(B)

27.11.09

1 December 2009

DA07(B)

27.11.09

1 December 2009

DA08(B)

27.11.09

1 December 2009

DA09(B)

27.11.09

1 December 2009

DA10(B)

27.11.09

1 December 2009

DA11(B)

27.11.09

1 December 2009

1069 SP – No. 135

Undated

1 December 2009

Eric Scerri

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:

 

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

 

2.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the submitted External Finishes Schedule (dated November 2009) and Materials Board (job number 799, drawing number 01, revision B, dated November 2009); prepared by Brian Meyerson Architects and stamp-received by Council on 1 December 2009. 

 

3.       The colour and finishing of the metal claddings for the top floor loft addition shall be designed to minimize light reflection to the surrounding areas. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation to the satisfaction of the certifying authority.

 

4.       The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. Details of compliance are to be incorporated in the Construction Certificate documentation.

 

5.       The north-facing stairwell window of the top floor loft addition shall be constructed with obscured / translucent glazing. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation to the satisfaction of the certifying authority.

 

6.       The timber batten fence on the northern, southern and eastern edges of the parking spaces shall have a height of not less than 1200mm as measured from the finished ground level. Additionally, the spacing between the individual timber slats shall be minimised to reduce headlight glare impacts on the proposed and adjoining residential units. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation, to the satisfaction of the certifying authority. 

 

7.       A fixed, full-height privacy screen shall be installed on both the northern and southern elevations of the proposed rear balconies. The privacy screens shall extend from the rear elevation of the building to not less than half of the depth of the balconies, or 1.5m, whichever is the longer. Additionally, the screens shall be constructed with 35mm wide fixed timber or metal slats, horizontally or vertically positioned, and spaced at a maximum of 35mm, or another appropriate design that effectively restricts cross viewing into No. 133 and No. 137 Carrington Road.

 

Details demonstrating compliance shall be incorporated into the Construction Certificate documentation to the satisfaction of the certifying authority.

 

8.       A minimum of three (3) bicycle parking spaces are to be provided within the proposed development. The design and construction of the bicycle parking facilities are to be compliant with Australian Standard AS2890.3: Bicycle Parking Facilities. Details of compliance are to be included in the Construction Certificate application.

 

9.       Suitable security lighting is to be installed at the main pedestrian entry to the building as well as the front access stairs adjacent to the northern property boundary of the site. The above lighting devices shall be low level lighting where the light source shall not be located higher than 1.2m above the finished ground level, and is to be directed towards the ground. Details are to be incorporated in the Construction Certificate documentation to the satisfaction of the certifying authority.

 

10.     Lighting to the premises shall be designed in accordance with Australian Standard AS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting, so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

11.     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.

 

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

         

          In this regard, prior to occupation of the building, an application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of an appropriate street number/s to the development.

 

13.     Power supply and telecommunications cabling to the development shall be underground.

 

14.     A single common television aerial, and/or satellite dish (having a maximum diameter of 700mm and not located on the front or street elevation of the building) is to be installed to serve the development.

 

15.     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 paving or the like on the ground) without the written consent of Council.

 

16.     In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority and the Council, prior to issuing a construction certificate and an occupation certificate, respectively.

 

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

 

17.     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.

 

The following condition is applied to mitigate the loss of low rental accommodation:

 

18.     A monetary contribution of $218,375 is required for the purpose of mitigating the loss of low-rental accommodation on the site caused by the development, pursuant to Clause 51 of the State Environmental Planning Policy (SEPP) Affordable Rental Housing 2009. The contribution must be paid in full to Council prior to the issue of any Construction Certificate relating to the development.

 

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

 

19.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $460,790, the following applicable monetary levy must be paid to Council: $4,607.90.

 

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.

 

20.     Details of critical stage inspections carried out by the principal certifying authority under any relevant construction certificate, together with any other certification relied upon must be provided to Council or the accredited certifier prior to the issuing of a subdivision certificate.

 

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

 

Regulatory

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

 

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

 

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

 

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

 

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

 

24.     Prior to the commencement of any building or fire safety works, the person having the benefit of the development consent must:-

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

27.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building 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.

 

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

 

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

 

29.     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.

 

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

 

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

 

31.     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.

 

Structural adequacy

 

32.     A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to issuing an occupation certificate or strata subdivision certificate, which certifies the structural adequacy of the building.

 

33.     A Certificate of adequacy prepared by a professional engineer, shall be submitted to the certifying authority (with a copy being forwarded to Council, if Council is not the certifying authority) prior to issuing a construction certificate certifying the structural adequacy of the existing structures to support the new storey.

 

Construction site management

 

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

 

·           Australian Standard 2601 (2001) – Demolition of Structures

·           Occupational Health and Safety Act 2000

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·           WorkCover NSW Codes of Practice and Guidelines

·           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)

 

35.     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 AS2601-2001, 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 stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996.

 

e)     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.

 

f)      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.

 

g)     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 contained in the Asbestos Survey and conditions of consent, in relation to the safe removal and disposal of asbestos, have been satisfied.

 

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.

 

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

 

37.     The adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of any building located on an adjoining allotment of land, the person causing the excavation must:

 

·       preserve and protect the building /s on the adjoining land from damage; and

·       effectively support  the excavation and building; and

·       at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land (including a public road or public place), give notice of the intention and particulars of the works to the owner of the adjoining land.

 

Notes

 

·    This consent and condition does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the principal contractor or owner-builder must obtain:

a)     the consent of the owners of such adjoining or supported land to trespass or encroach, or

b)     an access order under the Access to Neighbouring Land Act 2000, or

c)     an easement under section 88K of the Conveyancing Act 1919, or

d)     an easement under section 40 of the Land & Environment Court Act 1979, as appropriate.

 

·    Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.  Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

 

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 (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.

 

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 provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

 

Noise and vibration from any rock excavation machinery and pile drivers (or the like) must be minimised by using appropriate plant and equipment and silencers and a construction noise and vibration minimisation strategy, prepared by a suitably qualified consultant is to be implemented during the works, to the satisfaction of the Principal Certifying Authority.

 

40.     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 access to demolition/building works, materials and equipment on the site is to be restricted and 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 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 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.

 

g)     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.

 

h)     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.

 

i)      A local approval application must be submitted to and be approved by Council's Building Services section prior to commencing any of the following activities upon any part of the footpath, road, 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, container or other article.

 

41.     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:

 

·           new dwellings or additions to dwellings sited up to the property boundaries (including additions to a semi-detached dwelling),

·           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,

·           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 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.

 

Fire safety

 

42.     Fire safety and building upgrading works are to be implemented in accordance with the recommendations contained in the Building Code of Australia Compliance Assessment Report prepared by AE&D consultant, dated 19.10.2009, ref: 2353 REV 01.

 

43.     All new building works must satisfy the relevant performance or deemed-to-satisfy provisions of the Building Cod