Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 10 August 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

10 August 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, 10 August 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 - 20 July 2010

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application Reports

D55/10      4 Cuzco Street, South Coogee (defered)

D56/10      38 Cliffbrook Parade, Clovelly (deferred)

D57/10      349 Alison Road, Coogee (deferred)

D58/10      7-13 Victoria Street, Randwick

D59/10      10 Courland Street, Randwick

D60/10      103 Botany Street, Randwick

D61/10      2-8 Pine Avenue, Little Bay (South)

 

 

Miscellaneous Reports

M17/10     Sydney Coastal Councils Group Draft Strategic Plan 2010-2014

M18/10     History walk at Chifley Sports Reserve    

 

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee

10 August 2010

 

 

 

Development Application Report No. D55/10

 

 

Subject:                  4 Cuzco Street, South Coogee

Folder No:                   DA/581/2009/A

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

The S96 (2) application for the above property was presented to the Planning Committee meeting held on 20 July 2010. At the meeting it was resolved:

 

Resolution: (Matson/Seng) that the application be deferred to address issues raised directly with Councillors by concerned residents.

 

Issues

 

A Councillor briefing session was held on Tuesday 27 July 2010. At the briefing the details of the approval in terms of the privacy conditions originally imposed and the justification for the proposed modification by the applicant was explained to the Councillors. The concerns raised by the objectors and the assessment process were also explained at the briefing.

 

The recommendation also includes the conditions referred to by the Consultant Planner in his report.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Recommendation

 

A.       That Council as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/581/2009 for No. 4 Cuzco Street, South Coogee in the following manner:-

 

·              Amendment of Condition 1 which will read as follows:

 

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

 

Plan Number

Dated

Received

Prepared By

02 Rev B

undated

20 November 2009

Con Harris Architects

03 Rev B

undated

20 November 2009

04 Rev B

undated

20 November 2009

 

the application form and on any supporting information received with the application, as amended by the Section 96 drawings, which will be read as follows

 

Plan Number

Dated

Received

Prepared By

01 Rev a

07/04/2010

15 April 2010

Con Harris Architects

02 Rev a

07/04/2010

15 April 2010

 

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

 

·              Delete Conditions No. 11, 12, 13, 14 and 15.

 

·              Add Conditions the following Conditions:

 

1.       The proposed vertical privacy louvres to the stairwell in the west elevation shall be fitted to the full extent of the glazed wall of the stairwell. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

2.       The north-facing common balcony adjoining bedrooms 1 and 4 shall be installed with a 1.8m privacy screen along the eastern edge. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

3.       A 2.1m high boundary fence shall be installed along the northern boundary of the site.

 

Attachment/s:

 

1.View

Development Application Report No. D42/10

 

 

 

 


Development Application Report No. D42/10

Attachment 1

 

 

 

Development Application Report No. D42/10

 

 

Subject:                  4 Cuzco Street, South Coogee

Folder No:                   DA/581/2009/A

Author:                   SJB Planning, Surry Hills     

 

Proposal:                     Section 96 (2) application to delete Conditions Nos. 11, 12, 13, 14 and 15 relating to privacy and light spill. Original consent: Demolition of the existing dwelling and construction of a new 2 storey dwelling with basement level double garage

 

Ward:                      East Ward

 

Applicant:                CM Hairis Architects

 

Owner:                         Nicholas & Kathy Apres

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

An application under section 96(2) of the Environmental Planning and Assessment Act 1979 (EPA Act) is proposed which seeks to modify the development consent to DA/581/2009.

 

At its meeting on 23 March 2010, Council granted development consent to DA/581/2009 for demolition of the existing dwelling and construction of a new 2 storey dwelling with basement level double garage. Prior to Council determining the original application a mediation meeting between the applicant and objectors was held on 11 February 2010. However, this meeting did not result in an agreed resolution.

 

The proposed modified development is to delete Conditions 11, 12, 13, 14, and 15 of development consent DA/581/2009 which relate to light spill and privacy.

 

The modification application was notified for 14 days from 22 April 2010 to 6 May 2010 in accordance with Council’s Development Control Plan - Public notification of Development Proposals and Council Plans. Four (4) submissions were received during the notification period and are addressed in this report.

 

The proposed modified development is substantially the same development as that originally approved by Council and satisfies the requirements of section 96 of the EPA Act relating to modification of consents.

 

The site is zoned 2A (Residential A Zone) under Randwick Local Environmental Plan 1998 (Consolidation) (RELP 1998) and the proposal is permissible with Council’s consent. The proposed modified development is consistent with the aims of RLEP 1998 and the relevant objectives of the Residential A zone, particularly in that it provides a single detached dwelling that is compatible with the desired character of the locality and which reasonably protects the amenity of existing residents.

 

A detailed assessment has been undertaken of the possible impact of the proposed changes on the local environment. The assessment indicates that the proposed changes are consistent with the Performance Requirements of Council’s Dwelling Houses and Attached Dual Occupancies Development Control Plan (DCP) and relevant planning principles established by the NSW Land and Environment Court. The proposal will not result in any unacceptable environmental impacts on surrounding properties.

 

The main environmental considerations are possible impacts in relation to light spill, views and the privacy of surrounding properties. As conditioned, the proposed treatment of the glazed wall in the western elevation will not result in adverse light spill.

 

In relation to views, the proposal will not affect the valued views from No. 81 Denning Street of the northern coastal headlands and the ’Wedding Cake’, but will have a minor and acceptable impact on the outlook of No. 81 to the east. The proposal has no adverse impact on views from any other properties. In relation to privacy, the proposed modifications as conditioned will maintain a reasonable level of privacy to the dwellings and private open spaces of adjoining properties consistent with the Performance Requirements of Council’s DCP and relevant planning principles established by the NSW Land and Environment Court.

 

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

 

 

2.    The Proposal

 

The proposal is an application under section 96(2) of the Environmental Planning and Assessment Act 1979 (the Act) to modify development consent DA/581/2009 for demolition of the existing dwelling and construction of a new 2 storey dwelling with basement level double garage at 4 Cuzco Street, South Coogee.

 

The s96(2) modification application seeks:

 

·      to delete Conditions 11, 12, 13, 14, and 15 of development consent DA/581/2009 concerning light spill and privacy; and

·        to propose related modifications as described below:

 

1.     Glazed Wall to the Stairwell in the west elevation (Condition 11):

 

·      That the glazed wall to the stairwell in the west elevation be setback 1.5m from the western boundary at the centreline of the glazed wall (instead of being setback 1.5m from the western boundary for its entire length as required by Condition 11); and  

 

·      That the top half of the glazed wall to the stairwell in the west elevation be fitted with vertical privacy louvres (instead of being reduced in extent and treated to limit any light spill as required by Condition 11);

 

2.     North-facing glazed openings to bedrooms 1 and 4 on the first floor (Condition12):

 

·      Delete the requirement of Condition 12 for north-facing glazed openings to bedrooms 1 and 4 to be obscure glazing up to 1.5m high.

 

3.     North-facing balcony to bedrooms 1 and 4 on the first floor (Condition 13):

 

·      That the width of the north-facing first floor balcony be increased to a width of 1.8m (instead of a width of 1m as required by Condition 13);

 

·      Delete the requirement of Condition 13 that the glazed balustrade be installed with obscure glazing;

 

·      Delete the requirement of Condition 13 that 1.8m high vertical privacy louvres be fitted along the eastern edge of the balcony;

 

·      Full height vertical privacy louvres be fitted along the entire length of the western edge of the balcony; and

 

·      A 2.1m fence be provided along the northern (rear) boundary of the site.

 

4.   East facing window to bedroom 1 on the first floor (Condition 14):

 

·      Delete the requirement of Condition 14 that the east-facing window to bedroom 1 on the first floor be fitted with fixed and obscure glazing below a height of 1.5m from finished floor level.

 

5.   South-facing balcony to bedroom 2 at first floor level (Condition 15):

 

·      Delete the requirement of Condition 15 that “the south-facing balcony to bedroom 2 on the first floor shall be installed with a 1.8m privacy screen along the eastern edge to protect the privacy of the adjoining eastern property”.

Conditions 11, 12, 13, 14, and 15 of development consent DA/581/2009 are reproduced in full below:

 

11.     The proposed glazed wall to the stairwell in the west elevation shall be setback 1.5m from the western boundary and shall be reduced in extent and treated to limit any light spill from this stairwell to adjoining properties. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

12.     The north-facing glazed openings for bedrooms 1 and 4 in the first floor shall be obscure glazing up to 1.5m high. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

13.     The north-facing common balcony adjoining bedrooms 1 and 4 shall be reduced to a maximum 1m width; and shall be installed with obscure glazing along the whole length of the glass balustrade; and shall be installed with a 1.8m privacy screen along the eastern edge. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

14.     The east-facing window to bedroom 1 on the east elevation at the first floor level shall be of fixed and obscure glazing below 1.5m from the finished floor level. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

15.     The south-facing balcony to bedroom 2 on the first floor shall be installed with a 1.8m privacy screen along the eastern edge to protect the privacy of the adjoining eastern property. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

3.    The Subject Site and Surrounding Area

 

The site is located at 4 Cuzco Street on the northern side of the road (refer Figure 1 below).

 

The site has an irregular shape and covers an area of 341.4m2. It has a frontage of 14.02m to Cuzco Street, a rear boundary (north) of 10.67m and east and west boundaries of 27.66m and 27.89m respectively.

 

The site slopes from the street to the rear and has a cross fall of 2.23m at the street-front and 1.8m at the rear (north). The site currently contains a detached brick and tile cottage which is single level on the western side and two levels on the eastern side as the site falls from west to east (refer Figures 2 and 3 below).

 

Figure 1: Aerial view of the site, No. 4 Cuzco Street, South Coogee (site outlined in yellow).

 

Figure 2: Street view of the site, 4 Cuzco Street .

 

Figure 3: View of the rear of the site.

 

The site is adjoined by the following properties (refer to Figure 1 above and to Figures 4 to 7 below):

 

East:

·      No. 6 Cuzco Street – a two storey detached dwelling.

 

West:

·      No. 83 Denning Street (cnr Cuzco Street) – contains a single storey dwelling elevated above ground level at the rear; and

·      No. 81 Denning Street – contains a three storey dwelling with elevated balconies to the rear overlooking the site. 

 


North:

·      No. 79 Denning Street – a large 3 storey house with elevated balconies to the rear overlooking the site; and swimming pool and rear yard immediately adjoining the northern boundary of the site.

 

Figure 4: From left to right: Street view of Nos. 79, 81 and 83 Denning Street which adjoin the site.

Figure 5: The site to the left and No. 6 Cuzco Street to the right viewed from the south.

Figure 6: The rear of No. 81 Denning Street viewed from the rear of the site.

Figure 7: The rear of No. 79 Denning Street viewed from the rear of the site.

 

Figure 8: The rear of No. 79 Denning Street.

 

4.    Site History

 

At its meeting on 23 March 2010, Council granted development consent to DA/581/2009 for demolition of the existing dwelling and construction of a new 2 storey dwelling with basement level double garage. The s96(2) application seeks to modify this development consent.

 

Prior to Council determining the application a mediation meeting between the applicant and objectors was held on 11 February 2010. However, this meeting did not result in an agreed resolution.

 

5.    Community Consultation

 

The modification application was notified for 14 days from 22 April 2010 to 6 May 2010 in accordance with Council’s Development Control Plan - Public notification of Development Proposals and Council Plans. Submissions from the following persons were received during the notification period:

 

·      Residents, 1A Cuzco Street, South Coogee;

·      Residents, 6 Cuzco Street, South Coogee;

·      Residents, 79 Denning Street, South Coogee; and

·      Residents, 81 Denning Street, South Coogee.

 

Following the notification period, Council’s planning assessment consultant visited each of the above properties and interviewed the respective residents.

 

5.1 Objections

 

This section of the report presents the salient points of objection and provides a brief response to each.

 

·       The use of a “back hand” approach to remove conditions which were considered necessary to allow the development to be approved.

 

The modification application has been duly made under section 96 of the Environmental Planning and Assessment Act 1979 (the EPA Act).   A modification application under section 96 is a proper process for the assessment and determination of changes to a development after its consent.

 

·       Without the conditions the development would not be substantially the same as the development as approved

 

The proposed modifications result in a development that is substantially the same as the originally approved development. The modification application is for a dwelling house which is similar to the originally approved dwelling house in its placement on the site and in its size, form, bulk, height and architectural appearance. The proposed changes, which relate to particular balcony and window treatments, are minor variations of the overall design. In determining the modification application Council must take into consideration the possible effects of the modified development in accordance with section 96(3) of the EPA Act.

 

·       Without Conditions 11, 12, 13, 14 and 15 the original development application would not have been approved.

 

The original development was approved with various conditions attached, including Conditions 11 to 15. It is the purpose of this report is to assess whether the original development should be modified by the removal of these conditions.

 

·           Loss of privacy – No.79 Denning Street

 

The residents at No. 79 Denning Street made a substantial submission which focused on possible loss of privacy resulting from the modified north-facing first floor balcony and associated bedroom windows.

 

In Meriton v Sydney City Council (2004) NSWLEC313 the NSW Land and Environment Court established a planning principle relating to the protection of visual privacy. The principle involves four main considerations: density; separation; use; and design. As outlined below, these considerations have been made in assessing the possible impact of the proposed modified development on the privacy of No. 79 Denning Street:

 

·      Density

Development in South Coogee appears to be undergoing change to produce a more densified residential area in which privacy is more difficult to protect. Nevertheless, there is a reasonable expectation that a dwelling and some of its open space is private.  In this case it is considered that the proposed modified development allows No. 79 Denning Street to maintain a reasonable degree of privacy to its dwelling and to the part of its rear yard occupied by a swimming pool.

 

·      Separation

There is sufficient separation between the proposed modified balcony and the house of No. 79 Denning Street to protect the privacy of the house. The proposed 1.8m wide balcony is at least 10.5m at an oblique angle from the nearest bedroom of No. 79. This separation complies with Council’s Dwelling Houses and Attached Dual Occupancies Development Control Plan (DCP) which requires unscreened balcony to balcony separation of 9m.

 

The proposed modified first-floor balcony will not overlook the living room and main balcony of No. 79 Denning Street which are situated a full storey above and are screened by a solid blade wall at the southern end of the balcony of No. 79.

 

The proposed modified first-floor balcony will directly overlook part of the rear yard of No. 79. It is setback 5.835m from the common boundary with No. 79 which is adjoined by the swimming pool of No. 79. This setback complies with the DCP requirement of a minimum of 4.5m, but is insufficient without some form of screening to protect the privacy of the swimming pool of No. 79. However, the proposed modification includes a 2.1m high boundary fence which screens views of the pool area (refer to figures below). The screening effect of the proposed fence is supplemented by proposed planting to 2.4m high in accordance with Condition 68 d) and e) of the original approval which require plantings similar in height to the typical boundary fence and which are capable of screening the rear yard of No. 79 from overlooking.

 

It is considered that the screening provided by the proposed 2.1m high fence is sufficient to provide screening of the swimming pool area of No. 79. Additional screening is provided by the landscaping required by Condition 68 d) and e). The previous conditioned measures of obscure glazing to the balcony balustrade and bedroom windows are not necessary to protect the privacy of the swimming pool area at No. 79 given the screening effect of the proposed 2.1m high fence.

 

The northern part of the rear yard of No. 79 will be visible (with or without obscure glazing to 1.5m high) from the proposed modified balcony and bedrooms the more important pool area will be adequately protected. The protection of some of the privacy of the rear yard is consistent with the observed degree of privacy existing generally in the neighbourhood. 

 

·      Use

The overlooking that may occur from the proposed modified development is from bedrooms and a balcony attached to bedrooms. Some overlooking from these areas is likely to be less common as these are the less used areas of a dwelling. The proposed balcony width of 1.8m is a modest width consistent with casual use of the balcony associated with the adjoining bedroom.

 

·      Design

It is considered that the proposed modifications arise from an approved and well designed development. Notwithstanding that the approved dwelling does not strictly comply with some preferred solutions of the DCP, it is assessed as being a well designed development that meets the objectives of the DCP and which is appropriate to its site and locality in terms of bulk, height, scale, setbacks and overall character. It is considered that an alternate design would not result in less impact on privacy, while providing the applicant with the same level of amenity.

 

Figure 9: Sight lines from proposed modified balcony over.

 

Figure 10: View from front outdoor living area of house at 1A Cuzco Street.

 

In summary, the proposed modified development will not result in an unacceptable impact on the privacy of No. 79 Denning Street - the privacy of the dwelling at No. 79 and the privacy of the most important part of its rear yard - the swimming pool area - is maintained.

A final consideration concerning privacy impact is the planning principle employed in Super Studio v Waverley (2004) NSWLEC91 that the “acceptability of an impact depends not only on the extent of the impact but also on the reasonableness of, and necessity for, the development that causes it.”

 

Applying the principle here, the proposed modified first-floor balcony and the removal of obscure glazing to the bedroom windows are proposed primarily so as to obtain the valued northern views of the coastal headlands and the ‘Wedding Cake’. This is reasonable given that these views are limited, if not unavailable, from the ground floor of the approved dwelling, and given that the surrounding dwellings also obtain and seek to maintain northern coastal views as evidenced by the submissions received to this application.

 

·           View loss - 81 Denning Street

The Council assessment of the originally approved development contained a detailed analysis of view loss with respect to No. 81 Denning Street which applied the four planning principles of view sharing established in Tenacity v Warringah (2004) NSWLEC140. The analysis concluded that the loss of view for No. 81 was reasonable and acceptable. It is considered that the proposed modified development results in a similar impact on the views of No. 81 which is relatively minor and remains acceptable for the following reasons (refer also to the figures below):

 

·      The view east of rooftops with the ocean beyond is partially obscured. The more valued views of the northern coastal headlands and the ‘Wedding Cake’ are not affected;

·      The view affected is across a rear boundary from the dining room and living room. Similar views from the ground floor level are not affected;

·      The view loss is minor considering that the more valued views of the northern coastal headlands and the ‘Wedding Cake’ which are also available from the living room, dining room and ground floor terrace of No. 81 are not affected; and

·      The proposed modifications are reasonable as discussed in relation to No 79 Denning Street.

Figure 11: View east from Dining Room of No. 81 Denning Street showing approved dwelling and proposed modification to the balcony.

Figure 12: View east from Living Room of No. 81 Denning Street showing approved dwelling and proposed modification to the balcony.

 

·           Light spill – No. 81 Denning Street

 

It is considered that the proposed setback of the glazed wall to the stairwell (1.5m from the western boundary at the centreline of the wall instead of being setback 1.5m for its entire length as required by Condition 11) is reasonable and will not adversely affect the amenity of No. 81 in terms of light spill subject to adequate screening being provided.

 

The applicant proposes that the top half of the glazed wall be fitted with vertical privacy louvers (instead of being reduced in extent and treated to limit any light spill as required by Condition 11). While the privacy louvres are considered a suitable treatment for mitigating light spill, their proposed application to only the top half of the glazed wall will still allow light spill for the unscreened part of the glazing above the adjoining boundary fence. It is therefore recommended that the proposed louvres be applied to the entire glazed wall.

 

·           View loss – 1A Cuzco Street

 

The residents at 1A Cuzco Street objected to loss of the northern coastal/headland outlook from their home living area and front outdoor verandah area.

 

No. 1A Cuzco Street is located on the southern side of Cuzco Street, opposite the site. The coastal view from the living area and front outdoor verandah area of this dwelling are shown by the photographs below:

 

Figure 13: View from living room of house at 1A Cuzco Street.

Figure 14: View from front outdoor living area of house at 1A Cuzco Street.

 

The proposed modification relevant to these views is the deletion of Condition 15 which requires a 1.8m high privacy screen to be installed along the eastern edge of the south-facing balcony to bedroom 2 on the first floor of the house. As demonstrated by the above photographs, the removal of the privacy screen will result in a very minor improvement of the view of the ocean from the front outdoor living area of No. 1A and have very little effect, if any, on the view of the coast from the front living room. The more valued views of the ‘Wedding Cake’ and the northern headlands are not affected.

 

·           The residents at No. 6 Cuzco Street indicated that: “Overall our residence is not greatly affected by the removal of these conditions”.

 

No. 6 Cuzco Street adjoins the subject site to the east. The dwelling at No. 6 Cuzco Street is not adversely affected by the proposed modifications as considered below:

 

·      Condition 11 - Any light spill from the glazed wall to the stairwell in the west elevation of the approved dwelling is unlikely to affect No. 6 Cuzco, given that No. 4 is located on the eastern side of No. 6 and is therefore screened by the approved dwelling;

 

·      Condition 12 – It is not necessary to retain the obscure glazing to the north-facing bedroom openings as required by Condition 12, provided  a screen is installed to the eastern end of the adjoining balcony of the approved dwelling;

 

·      Condition 13 – Similarly, the provision of a screen at the eastern end of the north-facing balcony will ensure that a balcony width of 1.8m (instead of a width of 1m as required by Condition 13) will not result in adverse overlooking of No. 6 Cuzco Street and will render the use of obscure glass to the balustrade as required by Condition 13 as unnecessary;

 

·      Condition 14 – It is unnecessary to protect the privacy of No. 6 by the use of obscure glass to the east-facing window of bedroom 1 as required by Condition 14, given that the primary view from this bedroom window is over the roof of No. 6. Further, the windows in the opposing elevation of No. 6 are in the storey below, are offset from the east facing window of bedroom one and have obscure glazing; and

 

·      Condition 15 – Condition 15 requires “the south-facing balcony to bedroom 2 on the first floor shall be installed with a 1.8m privacy screen along the eastern edge to protect the privacy of the adjoining eastern property.” This requirement is unnecessary, given that the primary view from the balcony is over the roof of the dwelling at No. 6 and does not overlook the private open space of No. 6, nor does it unreasonably affect any of the windows of the dwelling at No. 6. 

 

5.2 Support

No submissions of support were received during the notification period.

 

6.    Technical Officers Comments

 

The application has not been referred to Council technical officers.

 

7.    Section 96 of the Environmental Planning and Assessment Act 1979 (EPA Act)

 

7.1    Section 96(2) of the EPA Act – Other modifications

Section 96(2) of the EPA Act provides for the modification of development consents and states:

 

 ‘A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

 

(a)    it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

 

(b)    it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

 

(c)    it has notified the application in accordance with:

(i)   the regulations, if the regulations so require, or

(ii)  a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

 

(d)    it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.’

 

In relation to sub clause (a), the proposed modifications are considered to result in a development that is substantially the same as the originally approved development. The modification application is for a dwelling house which is similar to the originally approved dwelling house in its placement on the site and in its size, form, bulk, height and architectural appearance. The proposed changes, which relate to particular balcony and window treatments, are minor variations of the overall design.

 

Sub-clause (b) is not applicable.

 

In relation to sub clause (c), the application has been notified in accordance with Council’s Development Control Plan – Public Notification and therefore satisfies sub clause (c).

 

Lastly, in relation to sub clause (d), Council is required to consider any submissions made in accordance with its Notification DCP. Four (4) submissions have been received and have been considered in this report.

 

It is seen from the above that the development that is substantially the same as the approved development and subject to the procedures provided by the relevant sub clauses (c) and (d) may be considered by Council under section 96(2) of the EPA Act.

 

7.2 Section 96(3) of the EPA Act

Section 96(3) of the EPA Act requires that when determining an application to modify a consent, Council “must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application”.

 

Assessment of the proposed modifications with regard to the relevant matters referred to in section 79C(1) is outlined in the following sections of this report.

 

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998

The site is zoned 2A (Residential A Zone) under Randwick Local Environmental Plan 1998 (Consolidation) (RELP 1998) and the proposal is permissible with Council’s consent.

 

The proposed modified development is consistent with the aims of RLEP 1998 and the relevant objectives of the Residential A zone, particularly in that it provides a single detached dwelling that is compatible with the desired character of the locality and which reasonably protects the amenity of existing residents.

 

The following Clauses of RLEP 1998 are relevant:

 

Clause 29 – Foreshore Scenic Protection

 

Clause 29 requires Council to consider the probable aesthetic appearance of the proposed building in relation to the foreshore. The purpose of the clause is to protect and improve the visual qualities of visually prominent areas along the coast.

 

It is considered that the proposed modified development retains the aesthetic appearance of the originally approved dwelling. The appearance of the modified development is consistent with existing visual character of the locality which is developing as an area of increased density with larger, contemporary styled detached houses.

8.1 Policy Controls

 

a.    Dwelling Houses and Attached Dual Occupancies Development Control Plan (DCP)

The Dwelling Houses and Attached Dual Occupancies Development Control Plan (DCP) uses a “performance” approach to design guidance and development control. This allows flexibility in building design while ensuring that development meets important site planning and design objectives. The DCP states that a proposal is deemed to satisfy the Objectives and Performance requirements of the DCP if it complies with the corresponding Preferred Solutions.

 

The following tables assess the proposed modified development against the relevant Performance Requirements and Preferred Solutions:

 

Building Setbacks

 

Performance Requirement/Preferred Solution

Assessment

P2

Rear Setback

Building forms and setbacks allow neighbours adequate access to natural light and a share of views and preserve established trees and vegetation and be generally consistent with the setback of adjoining properties.

 

Required setback to rear boundary: 4.5m

Proposed setback to rear boundary: 5.835m

 

Complies.

 

 

S2

No part of the building is closer then 4.5m from the rear boundary.

P3

Side setbacks

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

Setback of north-facing balcony to the western boundary:

·      Required: 1.5m

·      Proposed: approximately 1.1m minimum at the northwest corner of balcony

 

Setback of north-facing balcony to the eastern boundary:

·      Required: 3.0m

·      Proposed: 1.5m (as per the original approval)

 

Setback of glazed wall to the western boundary:

·      Required: 1.5m

·      Proposed: 1.5m at midpoint (min. 1.150m, max. 1.830m)

 

The proposed side setbacks are considered satisfactory – they are consistent with the side setbacks of the approved dwelling and meet the relevant Performance Requirement.

S3

Side setbacks are no less than:

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

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

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

 

Visual and Acoustic Privacy

 

Performance Requirement/Preferred Solution

Assessment

P1

Overlooking of internal living areas and private open spaces of residential development is minimised through appropriate building layout, location and design of windows and balconies and, where necessary, separation, screening devices and landscaping.

 

East facing window of bedroom 1:

It is unnecessary to protect the privacy of No. 6 Cuzco St by the use of obscure glass to the east-facing window of bedroom 1 as required by Condition 14, given that the primary view from this bedroom window is over the roof of No. 6. Further, the windows in the opposing elevation of No. 6 are in the storey below, are offset from the east facing window of bedroom one and have obscure glazing. No direct or objectionable overlooking occurs. The relevant Performance Requirement (P1) is satisfied.

 

North facing balcony and windows of bedrooms 1 and 4:

The proposed modified balcony and the associated bedroom windows are adequately separated from (more than 9m) the windows at Nos. 79 and 81 Denning Street.

 

The proposed modified balcony and the associated bedroom windows are within 9m of the private open space areas of Nos. 79 and 81 Denning Street and a western window, the private open space and a balcony of the dwelling at No. 6 Cuzco Street. These areas within 9m of the balcony will be adequately screened by the following measures:

 

·      The proposed 2.1m high fence to the northern boundary (rear) boundary of the site;

·      The proposed privacy louvres to the western edge of the balcony;

·      The existing requirement of Condition 13 for the eastern edge of the balcony to include a privacy screen; and

·      The existing requirement of Condition 68 d) and e) for landscape planting.

 

No obscure glazing of the bedroom windows or the balcony balustrade is necessary to protect the privacy of adjoining properties. The relevant Performance Requirements (P1 and P2) are satisfied.

 

South facing balcony of Bedroom 2:

Condition 15 requires “the south-facing balcony to bedroom 2 on the first floor shall be installed with a 1.8m privacy screen along the eastern edge to protect the privacy of the adjoining eastern property.” This requirement is unnecessary, given that the primary view from the balcony is over the roof of the dwelling at No. 6 Cuzco Street and does not overlook the private open space of No. 6, nor does it unreasonably affect any of the windows of the dwelling at No. 6.  The relevant Performance Requirement (P2) is satisfied.

 

P2

Balconies are designed to provide adequate privacy for occupants of the building when viewed from other private open spaces, public spaces or the street.

 

S1

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

 

S1

Where a direct view is available into the private open space of an existing dwelling, outlook is screened within 9m and beyond a 45 degree angle

S1

Windows have sill heights of 1.5m or more above floor level or fixed obscure glazing to any part of the window less than 1.5m above floor level.

 

9.    Environmental Assessment

 

The site has been inspected and the application has been assessed having regard to section 79C of the EPA Act. The following table provides a summary of the assessment of the proposed modified development against the relevant matters for consideration under

 

Section 79C ‘Matters for Consideration’

Comment

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

 

Refer to the section of this report, ‘Relevant Environmental Planning Instruments’. 

 

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

 

Refer to the section of this report, ‘Relevant Environmental Planning Instruments’. 

 

Section 79C(1)(b) – The likely impacts of the development

 

The environmental impacts of the proposed modified development on the locality have been assessed in this report.

 

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

 

The proposed modification does not substantially alter the fundamental character of the originally approved development which was deemed suitable in its relationship to the site. The site continues to remain suitable for the development as demonstrated by the assessment undertaken in this report.

 

Section 79C(1)(d) – Any submissions made in accordance with the EPA Act or EPA regulation

 

Four (4) submissions were received and have been addressed in the relevant sections of this report.

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

 

The proposed modified development is substantially the same as the originally approved development which has been deemed to be in the public interest. It is considered that the proposed modified development does not result in any unacceptable environmental, social or economic impacts on the locality and as such is 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 proposed modified development is to delete Conditions 11, 12, 13, 14, and 15 of development consent DA/581/2009 which relate to light spill and privacy.

 

A detailed assessment has been undertaken of the possible impact of the proposed changes on the local environment. The assessment indicates that the proposed changes are consistent with the Performance Requirements of Council’s Dwelling Houses and Attached Dual Occupancies Development Control Plan (DCP) and relevant planning principles established by the NSW Land and Environment Court. The proposal will not result in any unacceptable environmental impacts on surrounding properties.

 

The main environmental considerations are possible impacts in relation to light spill, views and the privacy of surrounding properties. As conditioned, the proposed treatment of the glazed wall in the western elevation will not result in adverse light spill.

 

In relation to views, the proposal will not affect the valued views from No. 81 Denning Street of the northern coastal headlands and the ’Wedding Cake’, but will have a minor and acceptable impact on the outlook of No. 81 to the east. The proposal has no adverse impact on views from any other properties. In relation to privacy, the proposed modifications as conditioned will maintain a reasonable level of privacy to the dwellings and private open spaces of adjoining properties consistent with the Performance Requirements of Council’s DCP and relevant planning principles established by the NSW Land and Environment Court.

 

The proposed modification application is, therefore, recommended for approval subject to the attached conditions of consent.

 

Recommendation

 

A.       That Council as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/581/2009 for No. 4 Cuzco Street, South Coogee in the following manner:-

 

·              Amendment of Condition 1 which will read as follows:

 

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

 

Plan Number

Dated

Received

Prepared By

02 Rev B

undated

20 November 2009

Con Harris Architects

03 Rev B

undated

20 November 2009

04 Rev B

undated

20 November 2009

 

the application form and on any supporting information received with the application, as amended by the Section 96 drawings, which will be read as follows

 

Plan Number

Dated

Received

Prepared By

01 Rev a

07/04/2010

15 April 2010

Con Harris Architects

02 Rev a

07/04/2010

15 April 2010

 

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

 

·              Delete Conditions No. 11, 12, 13, 14 and 15.

 

Attachment/s:

 

Nil

 

 


Planning Committee

10 August 2010

 

 

 

Development Application Report No. D56/10

 

 

Subject:                  38 Cliffbrook Parade, Clovelly

Folder No:                   DA/862/2009

Author:                   Frank Ko, Executive Planner

Previous Items:       CP46/10 - 38 Cliffbrook Parade, Clovelly  - Ordinary Council - 22 June 2010    

 

 

Introduction

 

A report recommending approval for the above development application was submitted to the Ordinary Council meeting on 22 June 2010, where it was resolved:

 

‘(Notley-Smith/Smith) that the application be deferred and referred to mediation’.

 

Issues

 

A mediation session was held on 28 July 2010 at Council with the affected residents in Lowe Street and the applicant.

 

The following comments were provided by the mediator:

 

“During the course of mediation session main issue raised by the objector’s present, expressing concern regarding loss of views, such as vies of Coogee Surf Club, Coogee headland and Gordon’s bay foreshore by the proposed development.

 

After some discussion, the applicant has agreed to amend the proposed plan by reducing the top level (main bedroom southern wall) towards north by 500mm as noted in the outcome agreement.”

 

The outcome of the mediation is summarised as follows:

 

-        The applicant has agreed to increase the setback of the first floor level from the northern boundary by 500mm and reduce the FSR.

 

-    The objectors maintain that the additional setback will still result in substantial view loss.

 

Following the mediation meeting, amended plans were received by Council on 29 July 2010 showing the additional setback of 500mm from the northern boundary at the first floor level, a reduction of total gross floor area by 17sqm and an increase of the landscaped area by 8sqm. It should be noted that the floor space ratio of the amended proposal (excluding the floor area below the natural ground level) now complies with the preferred solution for floor space under the DCP for Dwelling Houses and Attached Dual Occupancies. 

 

The recommendation has been amended to include the amended plans.

 

 

 

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:      Excellence in urban design.

 

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Recommendation

 

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

 

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

 

1.     The development must be implemented substantially in accordance with the plans numbered 01 to 10, Revision d5, dated 29 July 2010 and received by Council on 29 July 2010, the application form and on any supporting information received with the application, except as may be amended by the following conditions:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

8.     Any gate openings shall be constructed so that the gates, when hung, will be fitted in such a manner that they will not open over the footway or public place.

 

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

 

Options may include one or more of the following measures:

 

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

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

 

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

 

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

 

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

 

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

 

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

 

11.   In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $2,325,466, the following applicable monetary levy must be paid to Council: $23,254.66.

 

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

 

a)     a construction certificate being issued

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·           Stormwater management (i.e. rainwater tanks)

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

·           Landscaping provisions

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

·          Occupational Health & Safety Act 2000 & Regulations

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

·          WorkCover NSW Guidelines and Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

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

 

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

 

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

 

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

·          Details of hazardous materials (including asbestos)

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

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works will commence

 

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

 

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

 

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

 

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

 

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

·      location of site storage areas/sheds/equipment;

·      location of building materials for construction;

·      provisions for public safety;

·      dust control measures;

·      site access location and construction

·      details of methods of disposal of demolition materials;

·      protective measures for tree preservation;

·      provisions for temporary sanitary facilities;

·      location and size of waste containers/bulk bins;

·      details of proposed sediment and erosion control measures;

·      construction noise and vibration management;

·      construction traffic management details.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

42.   Swimming pools are to be designed, installed and operated in accordance with the following general requirements: -

 

a)     Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

b)     All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and

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

d)     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents; and

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

 

i.      before 8.00am or after 8.00pm on any Sunday or public holiday; or

i.      before 7.00am or after 8.00pm on any other day.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

●        before 7.00am or after 8.00pm on weekdays.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a)   $3000.00   -      Damage/Civil Works Security Deposit

 

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

 

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

 

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

 

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

 

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

 

51.   Prior to the issuing of a construction certificate the applicant will be required to submit a full dilapidation survey including a photographic record to Council, which documents the existing condition of the public areas including footpath, steps, handrail etc located to the north of the property in Pepper Lane and also to the south of the property within Gordon’s Bay reserve (coastal walk). The report will also include  details of any works proposed in this area of the subject site such as excavations, changes to existing levels, construction methods, etc

NOTE:

Council's Development Engineer must provide written confirmation that this information is satisfactory, prior to the PCA issuing a Construction Certificate, with works in this area of the site to be performed in accordance with Council's requirements so as to avoid disturbance to these public areas.

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

 

52.   The applicant must meet the full cost for Council or a Council approved contractor to:

 

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

 

b)     Re/construct concrete footpath along the Lowe St site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

c)     Reconstruct the concrete kerb and gutter along the Lowe St site frontage including any associated roadworks.

 

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

 

54.   All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council’s Policy for “Vehicular Access and Road and Drainage Works” and the following requirements:

 

a)     All work on Council land must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

 

b)     Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to issuing an occupation certificate, together with payment of the relevant fees.

 

 

c)     If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

 

d)     The civil works must be completed in accordance with Council’s conditions of consent and approved design and construction documentation, prior to occupation of the development, or as otherwise approved by Council in writing.

 

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

 

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

 

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

 

57.   The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $1320 calculated at $44.00 (inclusive of GST) per metre of site frontage to Lowe St. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

61.   Generally all site stormwater shall be piped to a sediment/silt arrester pit that then drains under the coastal walk to discharge to Gordon’s Bay Reserve via a suitable outlet.

 

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

 

Notes:

 

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

 

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

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

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

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

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

 

b.     The point of discharge (e.g headwall) in Gordon’s Bay Reserve shall be a minimum of 6m from the property alignment of Cliffbrook Parade and is to be approved by Council’s Development Engineer and Bushland Supervisor prior to a construction certificate being issued for this development.

 

c.     The overflow pipe from the rainwater tank shall be directed to the sediment arrestor pit.

 

d.     Backwash and splash water from the proposed pool shall be directed to the site’s sewerage system. No discharge to the stormwater system shall be allowed. Plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

e.     The applicant shall make every effort to minimise any interruption to pedestrian access along Cliffbrook Parade (coastal walk) as a result of the required drainage works.

 

62.   Prior to an occupation certificate being issued for this development Council’s Development Engineer and Bushland Supervisor shall be notified to arrange inspection of the completed drainage works and discharge point to Gordon’s Bay Reserve. The completed works and any required remedial action must be to the satisfaction of Council.

 

NOTE: Please contact Council’s Development Engineer Jason Rider on 9399-0881 and Bushland Supervisor Bettina Digby on 9399-0686 at the appropriate time.

 

The following conditions are applied to provide protection to Council’s Gordons Bay Reserve:

 

63.   No foreign matter, including, but not limited to: litter, cement wash, concrete, fill, soils, mulch, building materials, chemicals, petroleum-based products, paint, etc., shall be disposed of in, or placed in, or where they may enter, Gordons Bay Reserve. In all instances where such substances have been disposed of in, have been placed in, or have entered, the reserve, all affected areas shall be immediately repaired to the satisfaction of Council’s Natural Resources Coordinator.

 

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

 

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

 

a)     The location and extent of the existing rock outcrops within the front setback, including levels, and the fact they will be retained in situ (as has been shown on the current plans), as well as detailing how they will be incorporated into the overall landscape works through a combination of sections, plans and similar; 

 

b)     The access stairs must be in a style and material which is similar to the high quality treatment proposed for the dwelling, as the current arrangement presents a poor appearance to the adjoining public domain;

 

c)     In order to reduce the visual dominance of this dwelling on the adjoining public domain, the creation of gardens or ‘plantable’ areas shall be maximised throughout the front portion of the site, with the existing rock outcrops and site sandstone to be used as a feature for this purpose wherever possible;

 

d)     A Planting Plan & Plant Schedule which includes proposed species, botanic and common names, pot size at the time of planting, quantity, location, dimensions at maturity, maintenance practices (hedging, shaping etc), as well as any other landscape details such as rock walls, retaining walls, surface treatments, mulches/gravels and similar in order to fully describe the proposed works;

 

e)     Plant selection shall be dominated by those native coastal species which can tolerate shallow, poor quality sandy soils, salt laden winds and occasionally, damp/boggy conditions, which can all be experienced at this site, and must demonstrate that they will not escape cultivation and invade the adjoining public reserve;

 

f)     The rear courtyard must also be appropriately landscaped, and will need to incorporate at least 1 x 100 litre (pot/bag size at the time of planting) feature tree, which will attain a minimum height of between 4-7 metres at maturity, and should be located so as to maximise its screening potential to assist with privacy and amenity;

 

g)     Location of all proposed drainage/stormwater systems throughout the site.

 

65.   Should any species which occur naturally in Gordons Bay Reserve be proposed for use within the site as part of this application, they must be propagated from indigenous stock, with the applicant required to liaise with Council’s Bushland Supervisor (9399-0686) in this regard.

 

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

 

67.   Prior to the PCA issuing a Final Occupation Certificate, a professional landscaper who is a registered member of either AILDM or AILA, must certify that they have attended the site and inspected the landscaping, and that it has been installed in accordance with the relevant conditions of consent and approved plans.

 

Removal of trees within site

 

68.   The following vegetation must be removed from the site as part of the proposed works, subject to full implementation of the approved landscaping:

 

a)     The Lagunaria patersonii (Norfolk Island Hibiscus) located just beyond the northeast corner of the site, is not only regarded as an undesirable species due to the high irritability of the fibres that are released from its seed pods after flowering, but will also be heavily damaged during both demolition and construction to the point where its safety and stability will be threatened, and will pose a risk of failure;

 

b)     The Coprosma repens (Looking Glass Plant) in the front portion of the site, close to the southern edge of the existing dwelling, as this species is recognised as an environmental weed which invades areas of native bushland;

 

c)     The Metrosideros excelsa (NZ Xmas Tree/Pohutukawa) also in the front yard, to the southwest of the tree described above, as it is already dead.

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

Attachment/s:

 

1.View

Director City Planning Report No. CP46/10

 

 

 

 


Director City Planning Report No. CP46/10

Attachment 1

 

 

 

Director City Planning Report No. CP46/10

 

 

Subject:                  38 Cliffbrook Parade, Clovelly

Folder No:                   DA/862/2009

Author:                   Frank Ko, Executive Planner     

 


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

 

Ward:                      North Ward

 

Applicant:                Rolf Ockert Design

 

Owner:                         Mr M Lubotzky & Mrs J D Lubotzky

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The application is recommended for approval subject to conditions.

 

2.    The Proposal

 

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

 

3.    The Subject Site and Surrounding Area

 

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

 

 

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

 

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

 

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

 

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

 

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

 

4.    Site History

 

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

5.    Application History

 

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

 

Level Changes:

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

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

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

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

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

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

 

Setbacks:

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

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

 

Layout:

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

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

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

 

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

 

6.    Community Consultation

 

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

 

§ Unit 2, 3 Lowe Street, Clovelly

§ Unit 4, 3 Lowe Street, Clovelly

§ Unit 6, 3 Lowe Street, Clovelly

§ 6 Lowe Street, Clovelly

§ 8 Lowe Street, Clovelly

§ 10 Lowe Street, Clovelly

§ 12 Lowe Street, Clovelly

 

The key issues are as follows:

 

§  Concern for view loss

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

 

§  The bulk and scale of the proposed dwelling are excessive

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

 

§ Loss of value of property due to proposal

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

 

7.    Technical Officers Comments

 

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

 

Landscape Comments

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Drainage Comments

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

 

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

 

SEPP71 Comments

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

 

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

 

Parking Comments

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

 

8.    Relevant Environmental Planning Instruments

 

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

 

8.1 Randwick Local Environmental Plan 1998 (LEP)

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

 

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

 

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

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

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

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

(e)  to encourage housing affordability, and

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

 

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

 

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

 

Clause 29 – Foreshore Scenic Protection Area

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

 

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

 

Clause 40 Excavation and filling of land

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

 

8.2 Randwick Local Environmental Plan 1998 (Consolidated)

The Randwick Local Environmental Plan 1998 (Consolidation) was gazetted on 15 January 2010. Clause 7 of the Randwick Local Environmental Plan 1998 (Consolidation) requires that a development application lodged but not finally determined prior to the appointed day will continue to be assessed and determined under the provisions of the Randwick Local Environmental Plan 1998 that was in force immediately before the commencement of this plan. The subject application was lodged on 23 November 2009 and is therefore subject to the savings provision. Further, when determining an application to which this clause applies, the consent authority must have regard to the provisions of this plan as if it had been exhibited under the Act but had not been made.

 

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

 

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

 

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

 

8.4 SEPP (Building Sustainability Index: BASIX) 2004.

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

 

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

 

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

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

 

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

 

8.6 Development Control Plan – Single Dwellings and Attached Dual Occupancies

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

 

Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Control

Proposed

Compliance

(Yes/No)

Landscaping

40 % of site provided as landscaped area

47%

Yes

25m² of private open space provided.

Approximately 110m2

Yes

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

Approximately 7.5m x 13m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

26%

Yes

Floor area

(Site area 592.1m2)

0.505:1 or 299sqm

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

No – See discussion in Section 9 of this report.

Height, Form & Materials

External wall height maximum 7m

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

Yes

External wall height to the rear maximum 3.5m.

The height of the proposed garage is approximately 3m.

Yes

Cut or fill maximum 1m.

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

No – See discussion in Section 9 of this report.

No excavation within 900 mm of a side boundary.

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

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

No excavation within 4m of a rear boundary.

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

Yes

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

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

N/A

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

N/A

N/A

Buildings are designed to allow a sharing of views.

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

Yes. Refer to Section 9 of this report.

Building setbacks

Front setback average of adjoining dwellings or 6m

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

Yes

Rear boundary setback at least 4.5m

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

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

Side setbacks be 900mm at ground level.

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

No – See discussion in Section 9 of this report.

Side setbacks be 1.5m at second floor level.

Side setbacks be 3.0m at third floor level.

Visual & Acoustic Privacy

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

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

Yes

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

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

Safety & Security

Front doors of dwellings are visible from the street.

The front door of dwelling is visible from Lowe Street.

Yes

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

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

Yes

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

Not shown on the plan.

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

Garages & Driveways

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

2 spaces

Yes

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

7,486mm x 6,709mm

Yes

Driveway minimum width of 3m and side setback 1m

Same as existing.

N/A

Driveway maximum width of 3m at the boundary.

Same as existing.

N/A

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

Satisfactory

Garages and carports to rear lanes set back 1m.

N/A

N/A

Parking and access is provided from the rear.

N/A

N/A

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

N/A

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

Approximately 13%

Yes

Fences

Sandstone fences and walls are retained/recycled.

No sandstone

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

Up to 1,800mm on all boundaries.

Yes

Foreshore Development

 

No encroachments on Foreshore Building Line.

N/A

N/A

Stepped buildings on sloping sites are articulated.

 

 

Form, colour, materials and finishes are sympathetic.

 

 

Buildings incorporate setbacks to allow sharing of views.

 

 

Ancillary structures do not detract from appearance.

 

 

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See revised BASIX received by Council on 18 May 2010.

N/A

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

North facing private open space receives full solar access

Yes

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

North facing living areas receive full solar access

Yes

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

No impact to solar collectors

Yes

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

No impact to north facing living room windows

Yes

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

North facing private open spaces continue to receive full solar access

Yes

 

8.7 Section 94A Contributions Plan

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

 

Category

Cost

Levy

S94A Levy

Development cost more than $200000

$2,325,466

1.0%

$23,254.66

 

 

 

9.    Environmental Assessment

 

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

 

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

 

9.1.1   Natural Environmental Impacts

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

 

9.1.2   Built Environmental Impacts

 

Floor Space Ratio

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

 

A summary of the non-compliance is provided below:

 

Site Area:                                                       592.1m²

Maximum allowable FSR:                                    0.505:1 or 299.17m²

Proposed FSR                                                  0.72:1 or 432m²

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

 

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

 

 

GFA (m²)

Terrace/Balcony (m²)

Void (m²)

Lower Ground Floor Level (below existing ground level)

116

0

0

Ground/Garage Floor Level

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

14.3

11.37

First Floor Level

148

2.73

19.58

Sub Total

432

17.03

30.95

Subtract

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

 

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

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

Total GFA

432

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

 

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

 

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

 

Side setbacks

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

 

          Preferred solution for side setback S3

 

          Side setbacks are no less than:

 

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

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

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

 

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

 

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

 

The DCP performance requirement for side setback is reproduced below.

 

Performance requirement for side setbacks P3

 

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

 

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

 

          Purposive interpretation of preferred solution for side setback S3

 

          Side setbacks are no less than:

 

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

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

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

 

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

 

The proposed building has the following above ground setbacks.

 

 

Ground

Second

Third

Setback to eastern boundary

310mm to 2,529mm

1,500mm to 2,529mm

n/a

Setback to western boundary

900mm to 3,515mm

900mm to 1,500mm

n/a

 

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

 

Excavations

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

 

View Sharing

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

 

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

 

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

 

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

 

a) Views from Unit 2, 3 Lowe Street

Approximate outline of the proposed dwelling

 

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

 

b) Views from No. 6 Lowe Street

Approximate outline of the proposed dwelling

 

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

 

 

 

c) Views from No. 8 Lowe Street

 

Approximate outline of the proposed dwelling

 

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

 

d) Views from No. 10 Lowe Street

 

Approximate outline of the proposed dwelling

 

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

 

 

 

 

 

 

 

 

e) Views from No. 12 Lowe Street

 

Approximate outline of the proposed dwelling

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(1)    “The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (e.g. of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, e.g. a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

 

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

 

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

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

§ Distant view of Coogee Surf Life Saving Club.

§ Distant district view of Coogee and South Coogee

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

 

(2)    The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

 

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

 

(3)    The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

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

 

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

 

(4)    The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

 

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

 

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

 

9.5    Site Suitability

 

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

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

Key action:        Encourage and reward design excellence and sustainability.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

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

 

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

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

 


Director City Planning Report No. CP46/10

Attachment 1

 

 

 

Recommendation

 

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

 

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

 

1.     The development must be implemented substantially in accordance with the plans numbered 01 to 10, Revision d4, dated 17 May 2010 and received by Council on 18 May 2010, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

8.     Any gate openings shall be constructed so that the gates, when hung, will be fitted in such a manner that they will not open over the footway or public place.

 

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

 

Options may include one or more of the following measures:

 

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

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

 

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

 

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

 

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

 

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

 

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

 

11.   In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $2,325,466, the following applicable monetary levy must be paid to Council: $23,254.66          

       

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

 

a)     a construction certificate being issued

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·     Stormwater management (i.e. rainwater tanks)

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

·     Landscaping provisions

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

 

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

 

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

·          Occupational Health & Safety Act 2000 & Regulations

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

·          WorkCover NSW Guidelines and Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

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

 

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

 

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

 

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

·          Details of hazardous materials (including asbestos)

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

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works will commence

 

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

 

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

 

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

 

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

 

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·      location of site storage areas/sheds/equipment;

·      location of building materials for construction;

·      provisions for public safety;

·      dust control measures;

·      site access location and construction

·      details of methods of disposal of demolition materials;

·      protective measures for tree preservation;

·      provisions for temporary sanitary facilities;

·      location and size of waste containers/bulk bins;

·      details of proposed sediment and erosion control measures;

·      construction noise and vibration management;

·      construction traffic management details.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

42.   Swimming pools are to be designed, installed and operated in accordance with the following general requirements: -

 

a)     Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

b)     All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and

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

d)     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents; and

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

 

i.      before 8.00am or after 8.00pm on any Sunday or public holiday; or

i.      before 7.00am or after 8.00pm on any other day.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

●        before 7.00am or after 8.00pm on weekdays.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a)   $3000.00   -      Damage/Civil Works Security Deposit

 

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

 

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

 

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

 

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

 

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

 

51.   Prior to the issuing of a construction certificate the applicant will be required to submit a full dilapidation survey including a photographic record to Council, which documents the existing condition of the public areas including footpath, steps, handrail etc located to the north of the property in Pepper Lane and also to the south of the property within Gordon’s Bay reserve (coastal walk). The report will also include  details of any works proposed in this area of the subject site such as excavations, changes to existing levels, construction methods, etc

 

NOTE:

Council's Development Engineer must provide written confirmation that this information is satisfactory, prior to the PCA issuing a Construction Certificate, with works in this area of the site to be performed in accordance with Council's requirements so as to avoid disturbance to these public areas.

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

 

52.   The applicant must meet the full cost for Council or a Council approved contractor to:

 

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

 

b)     Re/construct concrete footpath along the Lowe St site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

c)     Reconstruct the concrete kerb and gutter along the Lowe St site frontage including any associated roadworks.

 

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

 

54.   All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council’s Policy for “Vehicular Access and Road and Drainage Works” and the following requirements:

 

a)     All work on Council land must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

 

b)     Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to issuing an occupation certificate, together with payment of the relevant fees.

 

c)     If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

 

d)     The civil works must be completed in accordance with Council’s conditions of consent and approved design and construction documentation, prior to occupation of the development, or as otherwise approved by Council in writing.

 

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

 

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

 

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

 

57.   The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $1320 calculated at $44.00 (inclusive of GST) per metre of site frontage to Lowe St. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

61.   Generally all site stormwater shall be piped to a sediment/silt arrester pit that then drains under the coastal walk to discharge to Gordon’s Bay Reserve via a suitable outlet.

 

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

 

 

 

Notes:

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

 

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

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

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

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

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

 

b.     The point of discharge (e.g headwall) in Gordon’s Bay Reserve shall be a minimum of 6m from the property alignment of Cliffbrook Parade and is to be approved by Council’s Development Engineer and Bushland Supervisor prior to a construction certificate being issued for this development.

 

c.     The overflow pipe from the rainwater tank shall be directed to the sediment arrestor pit.

 

d.     Backwash and splash water from the proposed pool shall be directed to the site’s sewerage system. No discharge to the stormwater system shall be allowed. Plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

e.     The applicant shall make every effort to minimise any interruption to pedestrian access along Cliffbrook Parade (coastal walk) as a result of the required drainage works.

 

62.   Prior to an occupation certificate being issued for this development Council’s Development Engineer and Bushland Supervisor shall be notified to arrange inspection of the completed drainage works and discharge point to Gordon’s Bay Reserve. The completed works and any required remedial action must be to the satisfaction of Council.

 

NOTE: Please contact Council’s Development Engineer Jason Rider on 9399-0881 and Bushland Supervisor Bettina Digby on 9399-0686 at the appropriate time.

 

The following conditions are applied to provide protection to Council’s Gordons Bay Reserve:

 

63.   No foreign matter, including, but not limited to: litter, cement wash, concrete, fill, soils, mulch, building materials, chemicals, petroleum-based products, paint, etc., shall be disposed of in, or placed in, or where they may enter, Gordons Bay Reserve. In all instances where such substances have been disposed of in, have been placed in, or have entered, the reserve, all affected areas shall be immediately repaired to the satisfaction of Council’s Natural Resources Coordinator.

 

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

 

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

 

a)     The location and extent of the existing rock outcrops within the front setback, including levels, and the fact they will be retained in situ (as has been shown on the current plans), as well as detailing how they will be incorporated into the overall landscape works through a combination of sections, plans and similar; 

 

b)     The access stairs must be in a style and material which is similar to the high quality treatment proposed for the dwelling, as the current arrangement presents a poor appearance to the adjoining public domain;

 

c)     In order to reduce the visual dominance of this dwelling on the adjoining public domain, the creation of gardens or ‘plantable’ areas shall be maximised throughout the front portion of the site, with the existing rock outcrops and site sandstone to be used as a feature for this purpose wherever possible;

 

d)     A Planting Plan & Plant Schedule which includes proposed species, botanic and common names, pot size at the time of planting, quantity, location, dimensions at maturity, maintenance practices (hedging, shaping etc), as well as any other landscape details such as rock walls, retaining walls, surface treatments, mulches/gravels and similar in order to fully describe the proposed works;

 

e)     Plant selection shall be dominated by those native coastal species which can tolerate shallow, poor quality sandy soils, salt laden winds and occasionally, damp/boggy conditions, which can all be experienced at this site, and must demonstrate that they will not escape cultivation and invade the adjoining public reserve;

 

f)     The rear courtyard must also be appropriately landscaped, and will need to incorporate at least 1 x 100 litre (pot/bag size at the time of planting) feature tree, which will attain a minimum height of between 4-7 metres at maturity, and should be located so as to maximise its screening potential to assist with privacy and amenity;

 

g)     Location of all proposed drainage/stormwater systems throughout the site.

 

65.   Should any species which occur naturally in Gordons Bay Reserve be proposed for use within the site as part of this application, they must be propagated from indigenous stock, with the applicant required to liaise with Council’s Bushland Supervisor (9399-0686) in this regard.

 

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

 

67.   Prior to the PCA issuing a Final Occupation Certificate, a professional landscaper who is a registered member of either AILDM or AILA, must certify that they have attended the site and inspected the landscaping, and that it has been installed in accordance with the relevant conditions of consent and approved plans.

 

Removal of trees within site

 

68.   The following vegetation must be removed from the site as part of the proposed works, subject to full implementation of the approved landscaping:

 

a)     The Lagunaria patersonii (Norfolk Island Hibiscus) located just beyond the northeast corner of the site, is not only regarded as an undesirable species due to the high irritability of the fibres that are released from its seed pods after flowering, but will also be heavily damaged during both demolition and construction to the point where its safety and stability will be threatened, and will pose a risk of failure;

 

b)     The Coprosma repens (Looking Glass Plant) in the front portion of the site, close to the southern edge of the existing dwelling, as this species is recognised as an environmental weed which invades areas of native bushland;

 

c)     The Metrosideros excelsa (NZ Xmas Tree/Pohutukawa) also in the front yard, to the southwest of the tree described above, as it is already dead.

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

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

 

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

 

A4      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

10 August 2010

 

 

 

Development Application Report No. D57/10

 

 

Subject:                  349 Alison Road, Coogee

Folder No:                   DA/106/2010

Author:                   GAT & Associates , Pty Ltd     

 

Introduction

 

The above development application was submitted to the Planning Committee on 20 July 2010, where it was resolved:

 

‘(Smith/Woodsmith) that the application be deferred to enable a peer review to be conducted.’

                 

The application was referred to Mr Gerard Turrisi of GAT & Associates to undertake the peer review.  Mr Turrisi reviewed the Council file, inspected the site and met with the applicant and objectors. He concurs with the Council officer’s recommendation for approval, subject to inclusion of additional privacy measures in the determination. A copy of Mr Turrisi’s peer review is attached.

 

Issues

 

The additional privacy measures recommended by the consultant planner include the following:

·           The blade wall to the front balcony should be reinstated along its western edge.

·           The screen to the rear elevation should be constructed in accordance with the notations made on the other elevation plans.

·           A planter box having a width of 600mm should be provided to the southern edge of the balcony off the living room to the rear elevation.

The above items have been included in the recommendation as conditions of consent.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

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/106/2010 for substantial ground, first and second floor alterations and additions to existing dwelling, construction of pergola and planter over existing garage and associated works at No. 349 Alison Road, Coogee, subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered 50, 100, 110, 120, 200, 201, 202, 203, 300, dated 14/05/2010 and received by Council on 14/05/2010, 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.       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.

 

Add the following Conditions:

 

5.       A blade wall to the front balcony must be provided along its entire western edge.

 

6.       The proposed timber blade screen to the rear (south) elevation must be constructed in accordance with the notations made on the other elevation plans referenced in Condition No. 1.

 

7.       A planter box having a width of 600mm must be provided to the southern edge of the balcony off the living room to the rear elevation.

 

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

 

8.       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/s are applied to meet additional demands for public facilities;

 

9.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $437,800.00            the following applicable monetary levy must be paid to Council: $4,378.00

 

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

 

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

 

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

 

10.     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.

 

11.     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.

 

12.     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)

 

13.     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:

 

14.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

19.     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).

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

24.     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:

 

25.     Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the proposal.

 

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

 

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

 

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

 

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

·          Details of hazardous materials (including asbestos)

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

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works will commence

 

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

 

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

 

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

 

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

 

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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

 

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

 

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

 

·          A Clearance Certificate or Statement, prepared by a suitably qualified person (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.

 

29.     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.

 

30.     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.

 

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 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.

 

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

 

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

 

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

 

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

 

A Construction Noise Management Plan, 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.

 

34.     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.

 

35.     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. 

 

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

 

37.     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.

 

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

 

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

 

The following conditions have been applied to ensure that adequate security provisions are made for vehicular access, parking and public infrastructure:

 

39.     The applicant must meet the full cost for Council or a Council approved contractor to install vehicular crossings and 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. 

 

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

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

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

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

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

 

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

 

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

 

Attachment/s:

 

1.View

Peer Review from Gat & Associates dated 28 July 2010.

 

2.View

Development Application Report No. D48/10

 

 

 

 


Peer Review from Gat & Associates dated 28 July 2010.

Attachment 1

 

 

 

 GAT
& Associates 

 

 

 

 

 

 


Consultant Town Planners

BASIX/Energy Assessors

ABGR Assessors

 

28 July 2010

 

The General Manager

Randwick City Council

30 Frances Street

RANDWICK NSW 2031

 

Attention: Mr Kerry Kyriacou

 

 

Dear Kerry

 

RE:  DEVELOPMENT APPLICATION NO 106/2010

        NO 349 ALISON ROAD, COOGEE

 

I refer to our engagement in undertaking a peer review of a development application for alterations and additions to an existing dwelling house at the property known as No. 349 Alison Road, Coogee.

 

As part of my peer review I have inspected the property on two separate occasions including, a meeting with the applicant on site and the objectors at the properties No. 349A Alison Road and No. 143 Arden Street, Coogee.

 

I have reviewed Council’s file including the original submission and the amended development scheme that was reported. I have also read the report prepared by Mr David Mooney, Council’s Environmental Planning Officer.

 

In addition to the above documentation I have also read through the objectors’ submissions and also note that a further submission from No. 349A Alison Road was provided to me in the past few days. This submission has also been given due consideration.

 

My review also has regard to Council’s Local Environmental Plan and Development Control Plan.

 

In reference to submissions and for clarification purposes, the original submission had three separate objections however, under the amended scheme, Council records indicate that only two submissions have been received being those from No. 349A Alison Road and 143 Arden Street.

 

It is evident and acknowledged by the assessment report that there are a number of non-compliances which occur by this proposal. The key issues from my site inspection and discussions with the objectors seem to relate to the height of the development and the resultant bulk and scale/visual impact. In addition, their concerns also relate to privacy and shadowing created by the height of the proposed development.

 

My peer review will address these issues and the proposal in no particular order.

 

Building Height

 

The subject site is zoned Residential 2B under Randwick Local Environmental Plan 1998 (consolidation).

 

Given the proposal is for alterations and additions to a dwelling house, Council’s Local Environmental Plan has no specific requirements. The height controls are however listed under Council’s Development Control Plan. The applicable height controls relate to a maximum height of 9.5 metres and a maximum external wall height of 7 metres.

 

It is important in the first instance to acknowledge the intent of the two height controls. The two different controls create a delineation of the main building form with a roof element above as a separate element.

 

I also note that the Council’s plans do not provide a restriction in terms of the number of storeys required and therefore the height control is one of many controls that will govern the overall scale of a development.

 

I note that the proposal is compliant in terms of its maximum building height. The breach occurs in terms of Council’s maximum external wall height. However, I note that the breach occurs due to the third level. The proposed second floor is within the control.

 

In considering whether a variation could be supported I draw reference to a specific matter before the Land and Environment Court, being Blue Water Pacific Pty Ltd v Randwick City Council [2005] NSWLEC 287. The Court as part of those proceedings made the following comments in reference to the Council’s height controls

 

“I find that the breaches in the overall height controls and the wall height control do not result in a building of bulk, scale or mass that is dissimilar to one that complies with the controls. I reach this conclusion on the basis that a building with a complying wall height and a roof form with accommodation in the roof would be of similar bulk to that proposed. The upper level is set back from the wall height and is of different material, which gives it the appearance of a secondary structure. The wall height generates the dominant bulk of the development and where it is exceeded, it is either small expanses which would have a similar impact to gables or is setback sufficiently form the street or adjoining buildings for the increase in wall height to have no additional impact than a lower wall height with less setback.”

 

 

As stated, the breach to Council’s controls is only to the maximum external wall height and only relates to the upper level which contains a bedroom with a walk-in-robe and ensuite. The upper level has been positioned in a manner which is more central to the site and has setbacks off its lower level. The third level footprint, in terms of floor area, is approximately 40% of the ground floor footprint. The third level is of a size and has setbacks that would have resulted in a similar bulk and scale should there have been a hip roof with attics and gables.

 

Applying the principle dealt with in the Land and Environment Court, I am of the view that the resultant bulk and scale and height of this development is within the spirit of the Council’s controls and consistent with other decisions the Council have made in the past.

 

I also note that the site to the immediate west is adjoined by a three storey residential flat building over one level of parking where its height is at RL63.945. The proposed development is at RL64.080, which is approximately 135mm higher than the adjoining unit development. I also note that this site (the unit development site), sits below the subject site from a topography perspective

 

In terms of contextual assessment, the area is characterised by existing two and three storey dwellings and I note of particular relevance the property at No. 351 Alison Road, although there are many more examples. The proposal is also for a three storey development although the immediate impression from the plans, when viewing the street elevation, would be four because of the level difference between the ground floor level of the building and the garage that is off Alison Road. However the building is only by definition (under State Environmental Planning Policy No 6) three storeys.

 

Therefore, contextually the proposed height of the building overall is consistent with the maximum height control and consistent in terms of the number of storeys evident by some newer developments in the area.

 

In considering the height control, it is also important to have regard to the zone objectives, which is also a requirement under Council’s Local Environmental Plan. In doing so, I note that the subject site is zoned Residential 2B. Under the Residential 2B zoning not only are dwelling houses permitted but also multi unit housing.

 

Objective 1(a), of the Local Environmental Plan states as follows:

 

·   to provide for a low to medium density residential environment”.

 

This objective, together with the permitted types of development, acknowledges diversity in terms of the existing built form and the future desired character that will be created. That is, there will be examples of contrasting developments in terms of scale and form. This is evident in this area.

 

We note that the property on the corner of Arden Street and Alison Road is also a single storey dwelling and any proposal for redevelopment of that site would also provide for a building of a similar scale as proposed by the applicant. It is therefore considered that the proposed development contextually, in its overall height, is consistent with the character of the area as well as the future and desired character which will evolve over time.

 

In terms of the building’s visual impact, the retention of the ground level and the position of the existing garage creates an illusion that this building is higher than its surrounding developments when you review the front elevation as shown on the plans. However, close examination of the plans indicate that this is not quite the case. The first floor has a setback from the street in the order of 11.5 metres while the existing ground level has setback of approximately 6.8 metres, in which the garage sits between this level and Alison Road. The upper level has a setback of 13 metres from Alison Road. I am satisfied that there is significant setback of the first and second levels which creates a separation between the lower levels and thus to the overall massing as viewed from the street. The building is far more articulated than the elevations would otherwise depict if you also take into account the void outside the dining area to the rear and the proposed balconies/terraces to the ground and first floors. The use of planter boxes and pergola structures also aid in this outcome.

 

Solar Access

 

I have reviewed the shadow diagrams and I note that the plans submitted do not accurately depict the boundaries of the property at No. 349A Alison Road. However, I have inspected the property and I have taken into consideration the private open space of No. 349A Alison Road, to its north-eastern corner.

 

I also have noted that due to the original redevelopment of the site and the positing of the dwelling at No. 349A Alison Road, a kitchen window is located below the ground level of the property at No. 349 Alison Road. The current interface compromises the amenity of the kitchen if one stood at that kitchen sink however, this window needs to be considered holistically in that the kitchen forms part of an open plan living space, which is L-shaped with two large sliding doors which provide direct access to the private open space. It is quite clear that the orientation and design of the internal living space for No. 349A Alison Road is to the east.

 

To the boundary of the two properties, the setback of the first floor is 9.6 metres, excluding the balcony and 8.8 metres being the third level/master bedroom level.

 

The kitchen window is currently overshadowed and the proposed dwelling will not alter this aspect.

 

I have compared the proposed shadows cast by the development to the existing shadows cast. A comparison of the shadow diagrams indicate quite clearly that the private open space of the dwelling at No. 349A Alison Road and No. 143 Arden Street are currently overshadowed by the existing building. Although the additional height will clearly cast a further shadow, the additional shadow created is in its length. Therefore, the question which arises is whether or not the additional height will reduce the amenity of those properties from a solar access perspective. Given that the width of the shadow fundamentally will not dramatically change, the increased shadow and its impact is marginal and would not have a significant impact to the neighbours.

 

Therefore, from a solar access point of view I do not believe that the proposal will create an unreasonable impact to justify refusal.

 

Privacy

 

In terms of privacy I make the following observations. The proposal relocates the main living area from the ground level to the first floor.

 

I note that the proposal incorporates a balcony towards the street boundary (Alison Road) and under the original plan a wall was being erected along that entire western boundary to that balcony/terrace.

 

The amended plan removes that blade wall in part. It is my view that the blade wall should be reinstated solely along the western end of the balcony. This will ensure that there is no ability for overlooking from this balcony onto the rear yard of the western property, being the corner of Alison Road and Arden Street.

 

In reference to the rear elevation, I have inspected the rear yard at No. 143 Arden Street and given the location of the living area on the first floor particularly the dining area, I am of the opinion that No. 143 Arden Street will be somewhat impacted by the extensive glazing proposed along the rear elevation without the provision of the screen as shown on the plans.

 

I note the rear elevation shows a screen but there is no specific notation. Accordingly, an additional condition of consent is recommended to ensure the screen shown on the plans is to be provided. The screen should be constructed as per the notation made to the street elevation plan being an “anodised aluminium louver window frame within timber blades”.

 

In reference to the balcony off the living room, to the rear elevation, I note that the private open space to No. 439A Alison Road could be impacted. I am therefore of the opinion, given that the primary balcony is located to the front of the property along Alison Road, that the provision of a planter box in the order of approximately 600mm in width along the full southern face of that balcony would overcome any possibility of overlooking given it would keep people away from the edge of the balcony and thus minimise the ability to look directly into that private open space of No. 439A Alison Road. The outlook of water views can still be achieved by standing within the balcony and within the internal living areas of the dwelling.

 

Although the upper bedroom has bi-folding windows I note these only relate to a bedroom. Setbacks, level differences between properties and the fact it is off a bedroom means I am satisfied that there will be no impacts given the use of these two areas will be at different times of the day. I also note that there are no balconies proposed to this first floor and therefore there are no privacy concerns being raised in that regard.

 

Subject to these particular changes, I am of the opinion that the proposal does not create any unreasonable impacts in terms of privacy.

 

Floor Space Ratio

 

I have assessed the proposal having regard to the proposed floor space ratio. Given the development is not creating any unreasonable impacts from a streetscape point of view, shadowing or privacy, subject to appropriate conditions as recommended, the floor space ratio is considered to be acceptable and aligns with other developments in the area.

 

Setbacks

 

The proposal is not compliant in terms of its side setbacks along the western boundary. The proposal is for alterations and additions and thus the ground floor is being retained. The exiting building is non-compliant. The second floor is built over the ground floor and thus extends over the existing external walls. The existing and proposed setback is thus 700mm.

 

The same issue arises in terms of the eastern boundary. The building is built to the boundary and the new works reflect the existing setbacks.

 

As previously stated, the upper level, due to its construction materials can have greater setback, which reduces its overall massing.

 

In addition, I also acknowledge that the right-of-way and laneway that exists along the eastern boundary also provides separation between buildings. I am thus satisfied that the non-compliance will not create any unreasonable impacts to the surrounding development.

 

Conclusion

 

I am satisfied that the proposed development creates no unreasonable impacts to the adjoining properties.

 

I concur with the recommendation of the assessing officer to approve this proposal subject to the imposition of appropriate conditions of consent as recommended by the Council officer with the inclusion of the conditions as mentioned in this review regarding privacy.

 

Kind regards

 

 

 

 

Gerard Turrisi

GAT & Associates

Plan 1609


Development Application Report No. D48/10

Attachment 2

 

 

 

Development Application Report No. D48/10

 

 

Subject:                  349 Alison Road, Coogee

Folder No:                   DA/106/2010

Author:                   David Mooney, Environmental Planning Officer     

 


Proposal:                     Substantial ground, first and second floor alterations and additions to existing dwelling, construction of pergola and planter over existing garage and associated works

 

Ward:                      North Ward

 

Applicant:                Hayden Wooldridge

 

Owner:                         Vaughan Wooldridge

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

This development application is referred to the Planning Committee at the request of Councillors Bowen, Smith and Woodsmith.

 

The proposal involves substantial ground floor alterations and first and second floor additions to the existing dwelling, construction of a pergola and planter over the existing garage and associated works.

 

Amended plans were submitted 14 May 2010 reducing floor space ratio, lowering height and increasing setbacks.

 

The site is on the southern side of Alison Rd, east of Arden St, Coogee. The site has 353.2m2 and a street frontage of 11.64m. The site is atop a crest and falls away in all directions. It is difficult to characterise the surrounding the area. There is a great diversity of old and new developments; multi-unit developments and free-standing homes of various sizes.

 

There were objections to the proposal about non-compliance with the development control plan, overshadowing, privacy and overdevelopment. These issues are addressed in the report.

 

The proposal satisfies the design performance requirements specified in the Development Control Plan for Single Dwelling Houses and Attached Dual Occupancies.

 

Approval, subject to conditions, is recommended.

 

2.    The Proposal

 

The proposal involves substantial ground floor alterations and first and second floor additions to the existing dwelling, construction of a pergola and planter over the existing garage and associated works.

 

Amended plans were submitted 14 May 2010 reducing floor space ratio, lowering height and increasing setbacks.

 

3.    The Subject Site and Surrounding Area

 

The site is on the southern side of Alison Road, east of Arden Street, Coogee. The site has 353.2m2 and a street frontage of 11.64m. The site sits atop a crest and falls away in all directions. To the west of the site and facing Arden Street there is a 4 storey apartment building and a single storey dwelling. To the east there is a laneway and a 3 storey dwelling. There are heritage items to the north and west. “Ocean View”, an Edwardian style mansion c1916 is at 370 Alison Road to the north. An apartment building c1930 in the Spanish Mission style is at 143 Arden Street to the south-west. It is difficult to characterise the surrounding the area. There is a great diversity of old and new developments; multi-unit developments and free-standing homes of various sizes.

 

Plate – Aerial photo of the locality

 

4.    Site History

 

The existing dwelling appears in a 1930 aerial photograph of the site. Council’s property database records the following application history:

 

DA/84/1971, ERECT A 6 UNIT RFB

DA/6988/1971, 3 STOREY 6 FLAT RFB

BA/160/1985, ALTS.

BA/1126/1988, SWIMMING POOL TO DWELLING

BA/20/1981, DWELLING & GARAGE

BA/1035/1995, ALTS AND ADDS TO DWELLING

BA/1103/1984, 2-STOREY BUILDING

BA/1035/1995/A, ALTS AND ADDS TO DWELLING

BA/203/1983, ALTS & ADDS

BA/951/1988, ADDITIONS

DA/132/2006, Alterations and new first floor addition including new double garage at the front with terrace above

CDC/161/2007, Demolish damaged cavity brick wall and reinstate.

 

5.    Community Consultation

 

The proposal was notified in accordance with Council Policy. The amended plans were also notified. The objections are addressed below.

 

Objection from 349A Alison Road

Issue: Non compliance with floor space ratio, height, form and materials, side setbacks, visual privacy and solar access and the objectives of the DCP

 

Assessing Officer: Non-compliance with the preferred solutions in the DCP is addressed in this report. The proposal satisfies the related design performance requirements as discussed in the environmental assessment section of this report.

 

Issue: Proposal not compatible or consistent with the character of most dwelling houses in the immediate vicinity and wider locality.

 

Assessing Officer: The proposal is compatible with the character of the locality. Bulk and scale, and relationships to surrounding space and other buildings is discussed in the environmental assessment section of this report and is acceptable.

 

Issue: The upper level is inappropriate overdevelopment.

 

Assessing Officer: The upper level is setback from lower levels, diminishing its impact on the character of the area and the neighbour’s amenity in an acceptable manner. Height, floor area and setback are discussed in the environmental assessment section of this report and are acceptable.

 

Issue: Unsympathetic design relative to 2 heritage properties in the immediate vicinity and others nearby.

 

Assessing Officer: The proposed additions are sufficiently distant to the 2 heritage properties so that there is no unacceptable impact on the significant fabric or setting of the heritage buildings.

 

Issue: The Statement of Environmental Effects misrepresents the local urban character and the merits of the proposal.

 

Assessing Officer: The statement is reviewed by the Assessing Officer but is not a primary source of facts. The Assessing Officer conducts an assessment by examining the plans, taking measurements, visiting the site and directly observing and recording the characteristics of a locality. Any claim that a statement misrepresents a situation is overcome by these assessment activities.

 

Objection from 351 Alison Road

Issue: Increase in overshadowing impacting on our southern courtyard, study and bathroom.

 

Comment: 351 Alison Rd is not affected by overshadowing from the proposal.

 

Issue: direct views into our children’s bathroom and study.

 

Comment: The proposal is more than 9 metres from 351 Alison Rd and exceeds the preferred solution for privacy buffer distances in the development control plan.

 

Objection from 143 Arden Street

Issue: Completely block out all winter sunlight from our home.

 

Assessing Officer: The upper level is setback from the external perimeter of the lower levels. 143 Arden St would only be affected by the proposal during the morning. Solar access is assessed in the environmental assessment section of this report and is acceptable.

 

Issue: Windows on the southern elevation will allow us no privacy.

 

Assessing Officer: The south facing windows are protected by a blade wall preventing overlooking into 141 Arden St. The windows are more than 9m from private spaces at 143 Arden and therefore sufficiently distant to satisfy the preferred solutions for privacy in the Development Control Plan.

 

Issue: Rear balconies will result in noise and light spill.

 

Assessing Officer: The impact of lights and noise from a single dwelling is completely expected in a suburban environment and for the subject site is somewhat less than might be expected if the site were developed for medium density in line with its 2B medium density residential zone.

 

Issue: Excessive and inappropriate overdevelopment of the site.

 

Assessing Officer: The proposal satisfies the design performance requirements in the Development Control Plan and is an acceptable level of development.

 

Issue: Non-compliance with DCP.

 

Assessing Officer: Non-compliance with the preferred solutions in the development control plan is addressed in the environmental assessment section of this report and it is acceptable.

 

6.    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 10 Zone Objectives

The proposal is permissible with development consent in the 2A zone as a dwelling house. The proposal is compatible with the relevant zone objective:

 

The objectives of Zone No 2A 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

 

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

$437,800.00

1.0%

$4,378.00

 

Development Control Plan –Dwelling Houses and Attached Dual Occupancies

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


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

44%

Yes

25m² of private open space provided.

25m+

Yes

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

5m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

0%

No

Floor area

(Site area 353m2) maximum FSR 0.6:1 

0.85:1

No

Height, Form & Materials

External wall height maximum 7m

9.18m

No

External wall height to the rear maximum 3.5m.

n/a

 

Cut or fill maximum 1m.

Nil

n/a

No excavation within 900 mm of a side boundary.

Nil

n/a

No excavation within 4m of a rear boundary.

Nil

n/a

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

None

n/a

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

n/a

 

Building setbacks

Front setback average of adjoining dwellings or 6m

0m

No

Rear boundary setback at least 4.5m

6m

Yes

Side setbacks be 900mm at ground level.

0mm

No

Side setbacks be 1.5m at second floor level.

0mm

No

Side setbacks be 3.0m at third floor level.

2.4m

No

Visual & Acoustic Privacy

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

See detailed privacy assessment. There are no unacceptable privacy impacts. Satisfactory.

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 existing entry has a gate. Acceptable.

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

Casual surveillance of the street is good.

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

Standard condition

Garages & Driveways

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

The existing garage and parking arrangements including number of parking spaces, driveway width and grade are acceptable to serve the proposed additions.

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

Driveway minimum width of 3m and side setback 1m

Driveway maximum width of 3m at the boundary.

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

Garages and carports to rear lanes set back 1m.

Parking and access is provided from the rear.

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

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

Fences

Sandstone fences and walls are retained/recycled.

No sandstone

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

No change to existing fences.

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

Foreshore Development

 

No encroachments on Foreshore Building Line.

n/a

Stepped buildings on sloping sites are articulated.

n/a

Form, colour, materials and finishes are sympathetic.

n/a

Buildings incorporate setbacks to allow sharing of views.

n/a

Ancillary structures do not detract from appearance.

n/a

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

n/a

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

Living rooms and balconies receive excellent sunlight.

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

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

See detailed solar access assessment.

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

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

 

7.    Environmental Assessment

 

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

 

Heritage

There are heritage items to the north and west. “Ocean View”, an Edwardian style mansion c 1916, is at 370 Alison Rd to the north. An apartment building, c 1930 in the Spanish Mission style, is at 143 Arden St to the south-west. The proposal is sufficiently distant from these heritage items to avoid impact on significant fabric or settings.

 

Floor Space Ratio (FSR)

There are 2 FSRs that may apply to the site because of its 2b Residential zone. For dwelling houses (as proposed) the maximum FSR is specified as a preferred solution in the DCP and is 0.6:1. For multi-unit housing (as permissible on this and nearby sites) the maximum FSR is specified as a development standard in the LEP and is 0.65:1.

 

FSR is calculated slightly differently for the 2 development types. Multi-unit housing excludes the area of external walls while dwelling houses include it. The difference in calculation methods can sometimes amount to more than 10 percentage points for the same building as is the case for the proposed development.

 

The proposed FSR is 0.85:1 when calculated according to the DCP (exceeding the preferred solution of 0.6:1 by 91m2) and 0.75:1 when calculated according to the LEP (exceeding the development standard of 0.65:1 by 36.6m2)

 

The bulk and scale of the building compares with the approved FSR of the neighbouring dwelling at 351 Alison Road which is 0.86:1 (under the DCP). It also compares with the FSR of a multi-unit housing building diagonally opposite the site at 2 Beach St which is 0.77:1 (under the LEP). The building is generally tiered like a wedding cake so that each level is slightly smaller than the one below it, which reduces the apparent scale of the building. For example, the existing garage abuts Beach Ln and the new upper level is setback 11.5m. Overshadowing and privacy impacts are acceptable as outlined elsewhere in this report.

 

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

At its highest point the proposed external wall height is up to 9.18m above ground level, which exceeds the maximum preferred solution of 7m. The upper level is set in at least 2m from the external perimeter of levels below so that its impact would be less to an observer in the street. The wall height of lower levels at the external perimeter of the building is 6.96m and complies with the preferred solution.

 

Variations to the maximum preferred solution for height were recently approved in 2004 at 80 Beach St (9.1m) and in 2007 next door at 351 Alison Rd (8.6m). These variations were approved primarily on the basis that the developments were on sloping sites and did not significantly impact on surrounding properties. The present circumstances are similar. Although the site is not sloping, the upper (encroaching) level is set in from the perimeter of the building and does not unacceptably impact on the solar access and privacy of surrounding properties. Overshadowing and privacy impacts are acceptable as outlined elsewhere in this report.

 

The building 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 loss is considered later in this report)

 

Building Setbacks

 

East side boundary

The proposed addition abuts the east boundary for a distance of 8.3m at the first level, encroaching on the 1.5m preferred solution. The east setback of the first level is somewhat constrained by the existing lower level already abutting the east boundary. The east elevation of the proposed second level is 10.2m long and it is setback 2.6m, encroaching on the 3m preferred solution.

 

The east boundary setback encroachments are not significant to the character of the area or the neighbour’s amenity because the east elevation is separated from the eastern neighbour by a laneway and separated from the laneway by a 1.5m battleaxe corridor.

 

West side boundary

The proposed western elevation at first level is 15.5m long and it is 0.77m from the west boundary, encroaching on the 1.5m preferred solution. The west setback is somewhat constrained by the existing lower level already setback 0.77m. The second level is 10.2m long with a minimum setback of 2.4m, encroaching on the preferred solution of 3m, but it has an average setback of 3m.

 

The west boundary setback encroachments are not significant to the character of the area because the western side boundary of the subject lot adjoins the rear boundary of 2 lots to the west, where buildings are at least 6m from the boundary. Overshadowing and privacy impacts are acceptable as outlined in this report.

 

North front boundary

Only the existing garage abuts the north boundary. The setback of the proposed addition is 11.5m and complies with the preferred solution.

 

The proposed setbacks encroach on the minimum preferred solutions, partly because of the constraints of the existing building locations but because of the alignment of the lot and the spaces around it there are no unacceptable impacts on the character of the area or the amenity of the neighbours. The proposed setbacks satisfy the design performance requirements:

 

“Building forms and setbacks allow occupants and neighbours adequate access to natural light, daylight and fresh air. Side setbacks adjoining a street frontage, regarding corner allotments, must integrate with the established setbacks of the side street and maintain the environmental amenity of the streetscape.”

 

Privacy

Neighbours’ privacy is adequately protected by the orientation of the dwelling, buffer distances that comply with the DCP preferred solution for privacy, and placement of a blade wall on the western elevation. The dwellings to the south and south-west are grade separated and at least 9m from the proposed living-rooms. The dwelling to the east is separated by a laneway and more than 9m from the proposed living areas. The apartment building to the west is protected from the proposed living and dining room by a blade wall extending along the western elevation.

 

Solar Access for the neighbours

Solar performance is aided by the north-south alignment of the lot, the laneway to the east and a generous setback to the southern boundary at the proposed upper level. Lots to the west are affected only during the morning. Lots to the south-east are affected only during the late afternoon.

 

The northern elevation of the ground level on the southern building (349A Alison Rd) is overshadowed by the proposal throughout the middle of the day. While reducing sunlight to this dwelling to less than 3 hours per day during the winter solstice (and therefore less than required by the DCP preferred solutions), the impact from the proposal is generally no worse than the overshadowing from a nominal building envelope with 7m wall height and 4.5m rear boundary setback in accordance with the DCP preferred solutions. This can be seen in the diagram below:

 

Diagram showing the angle of incidence of the winter-solstice noon-shadow intersecting both the eave of the proposed upper level and the edge of a nominal DCP building envelope.

 

 

The affected building retains sunlight during the early morning and late afternoon and throughout the day on a nominal second storey envelope. While the proposal has some areas of non-compliance with the preferred solutions in the DCP, none of the non-compliances result in excessive overshadowing. The proposal can be said to satisfy the relevant DCP performance requirement, which is:

 

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

 

View sharing

The site is on the top of a hill and all other buildings, except the heritage building to the north, are downhill and not likely to enjoy views over the site that can be protected. All potentially affected owners were notified of the proposal. However, there were no objections on the grounds of view loss. Despite some encroachments on the DCP preferred solutions, the proposal has acceptable impacts on the character of the area and generally on the amenity of neighbours. If there was view-loss, it could be argued that the proposal is a reasonable one in its context and the view-loss fair in the circumstances.

 

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 involves substantial ground floor alterations and first and second floor additions to the existing dwelling, construction of a pergola and planter over the existing garage and associated works.

 

Amended plans were submitted 14 May 2010 reducing floor space ratio, lowering height and increasing setbacks.

 

The site is on the southern side of Alison Road, east of Arden Street, Coogee. The site has 353.2m2 and a street frontage of 11.64m. The site sits atop a crest and falls away in all directions. It is difficult to characterise the surrounding the area. There is a great diversity of old and new developments; multi-unit developments and free-standing homes of various sizes.

 

There were objections to the proposal about non-compliance with the development control plan, overshadowing, privacy and overdevelopment. These issues are addressed in the report.

 

The proposal satisfies the design performance requirements specified in the Development Control Plan for Single Dwelling Houses and Attached Dual Occupancies.

 

Approval, subject to conditions, is recommended.

 


Development Application Report No. D48/10

Attachment 2

 

 

 

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/106/2010 for substantial ground, first and second floor alterations and additions to existing dwelling, construction of pergola and planter over existing garage and associated works at No. 349 Alison Road, Coogee, subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered 50, 100, 110, 120, 200, 201, 202, 203, 300, dated 14/05/2010 and received by Council on 14/05/2010, 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.       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.

 

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

 

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

 

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

 

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

 

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

 

6.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $437,800.00            the following applicable monetary levy must be paid to Council: $4,378.00

 

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

 

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

 

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

 

7.       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.

 

8.       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.

 

9.       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)

 

10.     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:

 

11.     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.

 

12.     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:

 

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

 

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

 

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

 

15.     Prior to the commencement of any building works, 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.

 

16.     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).

 

17.     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”.

 

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

 

19.     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.

 

20.     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.

 

21.     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:

 

22.     Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the proposal.

 

23.     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.

 

24.     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.

 

25.     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.

 

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

 

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

 

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.

 

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

 

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

 

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

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

 

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

 

28.     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.

 

29.     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.

 

30.     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.

 

31.     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.

 

32.     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. 

 

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

 

34.     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.

 

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

 

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

 

The following conditions have been applied to ensure that adequate security provisions are made for vehicular access, parking and public infrastructure:

 

36.     The applicant must meet the full cost for Council or a Council approved contractor to install vehicular crossings and 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. 

 

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

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Planning Committee

10 August 2010

 

 

 

Development Application Report No. D58/10

 

 

Subject:                  7-13 Victoria Street, Randwick

Folder No:                   DA/281/2010

Author:                   Wendy Wang, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to the existing residential flat building including rear extension, attic development, internal reconfiguration, reconstruction and enlargement of front garages, fencing, landscaping and associated works and strata subdivision (SEPP 1 objection to floor space ratio control)

Ward:                      East Ward

Applicant:                Gutnik Design Group

Owner:                         Mr T Chung & Mr P H Pilkington

Summary

Recommendation:     Approval

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

The subject proposal is referred to the Planning Committee for determination as it contains variations to the floor space ratio and landscaped area development standards stipulated in Randwick Local Environmental Plan (RLEP) 1998 (Consolidation) by more than 10%. The applicant has submitted written SEPP 1 objections to development standards to address this non-compliance.

 

The subject application is for alterations and additions to an existing residential flat building including rear extension, attic development, internal reconfiguration, reconstruction and enlargement of front garages, fencing, landscaping and associated works and strata subdivision.

 

The application was notified to the adjoining and nearby properties from 28 April 2010 – 13 May 2010 in accordance with DCP – Public Notification of Development Proposals and Council Plans. No submissions were received at the close of the notification period.

 

The site is located within Zone No. 2C (Residential C Zone) under RLEP 1998 (Consolidation). The proposal is consistent with the zoning objectives.

 

It has been demonstrated in this report that the relevant objectives and performance requirements of the DCP for Multi Unit Housing have been achieved in that the proposed development will not result in any unreasonable adverse impacts on the amenity of the adjoining dwellings and the character of the locality.

 

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

 

2.    The Proposal

 

The proposal seeks consent for alterations and additions to an existing residential flat building including rear extension, attic development, internal reconfiguration, reconstruction and enlargement of front garages, fencing, landscaping and associated works and strata subdivision.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the eastern side of Victoria Street between Alison Road and Albert Street in Randwick and is presently occupied by an two (2) storey residential flat building containing four (4) units known as ‘Graylands’. The building is located on a steeply sloping site (Victoria Street to rear) and presents as a single storey building when viewed from the street. The site has a frontage width of 16.585m, a side boundary depth of 27.865m and has an overall site area of 462.2m². Neighbouring the property to the north is a part 2, part 3 storey residential flat building, to the south is four (4) storey residential flat building, and to the rear is a two (2) storey residential flat building. The surrounding area is residential in character and consists of a mixture of residential types, multi unit housing and single & two storey dwelling houses.

 

 

 

 

 

 

 

 

 

Photographs of the site and surrounds

1. The existing building

2. Existing garage to the front of the residential flat building

3. Rear of the subject site

4. Rear of the subject site and adjoining residential flat building

 

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

 

The proposal seeks to vary development standards contained within RLEP 1998 (Consolidation). A SEPP 1 Objection has been submitted with the development application. In assessing the applicant’s SEPP 1 Objection, the following matters are addressed:

 

4.1      Development standards

The proposal seeks variation to the following controls contained in RLEP 1998 (Consolidation):

 

(i)       Floor space ratio

Pursuant to Clause 20F(1) of RLEP 1998 (Consolidation), the maximum floor space ratio (FSR) for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2C is 0.65:1, where the site area is less than 700m2.

 

The proposal has a floor space ratio of 1.04:1 (483.05 m²) and does not comply with the requirement of clause 20F(1) of the RLEP 1998.

 


(ii)    Landscaped Area

Clause 20E(2) requires 50% of the site to be dedicated as landscaped area, which equates to 231.1m2. Clause 20E(3) provides that not more than 50% of the required landscaped area provision is to be accommodated over podiums or excavated basements.

 

The proposal will reserve 28.5% (132m²) of the site as landscaped area. This represents a shortfall of 21.5% (99.373m2).

 

The proposal will not have any landscaped areas over podium or basement areas.

 

The above provisions are numerical development standards contained in the statutory plan.

 

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 minimum landscaped area standard as outlined in the LEP is:

 

“To establish minimum requirements for the provision of landscaping to soften the visual impact of development, assist in the reduction of urban runoff and provide adequate areas of open space for recreational purposes.”

 

(a) Floor space ratio

The applicant has submitted written SEPP 1 Objections, which outline the following key justifications for the variations to the standard:

 

·      The development is consistent with adjoining, bulk and under the maximum permissible building height, compatible with the streetscape and rear adjoining and surrounds.

·      The development comprises alterations and additions to an existing building which does not currently comply with the FSR control and the minimum increase on FSR will have a negligible impact on the building and surrounding.

·   The proposal meets the space requirements for the owners. 

·      The proposed minor Attic additions will be compatible with the existing character of the locality with surrounding built forms, not excessive in bulk or scale with negligible effects on neighbours and streetscape.       

·      The proposed attic/store room will be under the existing roof space and ridge.

·      The proposal addresses and complies with the objectives of the zoning.

·      The proposed attic/store room will integrate in a high quality manner to the rear of the building and with the existing style and finishes and will take advantage of significant local and coastal water views.

·      The building bulk and height has been carefully design to minimize overshadowing to the adjoining.

·      The proposed attic/store room will comply with the Multi-Unit Housing Development Control Plan Clause 5.3 Storage and 5.3.1 Objectives, 5.3.3 LEP Controls and 5.3.4 DCP Controls “The design of development provides for readily accessible and separately contained storage areas” for each dwelling.

·      The proposal will not compromise the privacy of its inhabitants or affect the adjoining, the attic setback, the position of the rear glazed panels and Dutch gable roof, the difference in land levels, the zoning and size of the land and building will not adversely impact to the adjoining and streetscape, and will complement and enhance the existing characteristics of the building. 

·      The proposed residential development is in accordance with the stated objectives of the Multi-Unit Housing Development Control Plan Randwick City Council, as it will provide with additional housing, storage and will be achieved without compromising or affecting the amenity of the current residential building or adjoining existing views, ridgelines, public and private open spaces  and maintain the qualities of the streetscape and surrounding.

·      Compliance with regard to the FSR (Attic/Store Room only) is unreasonable, unnecessary and inappropriate, given the minimal scale and impact, the nature of the proposal, the topography, the adjoining and precedents in the vicinity. 

 

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 existing FSR of the building is already in excess of the LEP control and the proposed in floor space ratio will be minor and consistent in scale and form with the existing building and nearby developments in the street;

·      The additional floor space is largely restricted within the existing building envelope and will not be highly visible when viewed from the street.

·      The additional floor space is generally set within the attic space of the roof (to remain unchanged in terms of bulk and scale, with a small roof extension toward the rear) and also back sufficiently from the street elevation such that the proposed attic does not extend beyond the existing building footprint.

·      There will be no appreciable adverse impacts on the surrounding development and streetscape in terms of additional bulk and scale; and

·      The development maintains reasonable daylight and solar access to all development and the public domain.

·      The proposed additions are relatively compact and restricted to the rear of the building on the site.

·      The proposal readily complies with the standards for maximum building and external wall height. The existing side setbacks are also maintained to ensure the proposal does not unduly impact upon the privacy and solar access presently enjoyed by neighbouring residents.

·      The bulk and scale of the additions will not be highly visible from the street and will result in a building which is still compatible with development in this section of Victoria Street. 

·      The subject locality is characterised by a mixture of multi-unit, semi-detached and detached residential developments. The proposal will maintain the existing double storey building envelope, which complies with the maximum building height standard stipulated in RLEP 1998 (Consolidation). The proposal has a height and scale, which are compatible with the existing flat developments in the surrounding built environment, and do not detract from the prevailing residential character of the locality.

·      The topography of the site away from the street ensures minimal visual scale and bulk of the additional balconies and attic extension.

 

(b) Landscaped area

The applicant has submitted written SEPP 1 Objections, which outline the following key justifications for the variations to the standard:

 

·      The proposal will have a negligible impact on the building and surrounding, however it will definitely improve the existing landscaped areas not only in percentage as well will beautify and provide an attractive outlook currently missing.

·      The development is consistent with adjoining, bulk and under the maximum permissible building height, compatible with the streetscape and rear adjoining and surrounds.

·   The Development comprises alterations and additions to an existing building which currently does not comply with the landscaped area control (was at the time of erected) and with no more room.

·   The proposed landscaped area will be compatible with the existing character of the locality with surrounding existing built forms and landscaped areas, and not excessive in bulk or scale with negligible effects on neighbours and streetscape (adjoining 4 storey building with almost no landscape at all).      

·   The proposal addresses and complies with the objectives of the zoning.

·   The proposed landscaped areas will integrate in a high quality manner to the front and rear of the building and will provide an attractive outlook and the required privacy for the subject building and adjoining currently missing.

·   The proposed landscaped areas will highly complement and enhance the existing characteristics of the building and adjoining. 

·   Strict compliance to the Landscaped area development standard, is unreasonable, unnecessary and inappropriate, given the existing building set up on the site, minimal scale, impact and nature of the proposal, the topography, size of the land, the adjoining and precedents in the vicinity and the attractive improving of the current landscaped area. 

·   The proposal should be assess in its own merit and definitely will have a positive impact for the Randwick area, streetscape, adjoining and with a full integration to the building, and an asset for the vicinity.

·   The approval represents sound planning, and it will have a very positive impact on its location.

 

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

 

·      Given the constraints of the site, the existing provision of landscaped area falls substantial short of the LEP standards. The subject proposal seeks to marginally increase the landscape provision on the site and will serve to enhance the existing residential flat building, both visually and in terms of amenity. 

·      The proposal continues to provide provides adequate areas of communal and private open space, which adds to the amenity of the units.

·      The deep soil landscaped area has been concentrated towards the rear of the site, which provides for substantial screening plants between the subject site and buildings to the rear.

·      The objectives of clause will be met by the development despite non-compliance the statutory standard.

·      The proposed rear balconies will provide additional outdoor recreation space for the occupants of the site, improving the currently very limited access to private and communal open space.

 

(c)  Conclusion

In conclusion, the submitted SEPP 1 objections have 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 objections have been appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstances of each case. As such, it is considered that the objections are well founded.

 

Matter 2

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

 

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

 

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

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

 

The variations from the standards for FSR and landscaped area are not inconsistent with the aims of SEPP 1 as they would not detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

 

The proposal is also consistent with the relevant objectives of Residential 2C Zone in that it will allow for alterations and additions to existing multi unit development, which is consistent with the desired character of the locality.

 

Matter 3

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

 

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

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

 

·      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 proposal to improve the existing 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 and mini um landscaped area. 

 

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 FSR and landscaped area provision 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 and landscaped area 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 C zoning is not considered to be inappropriate for the locality. The RLEP (Consolidation), effective from 15 January 2010, has maintained the 2C zoning for the site.

 

 

5.    Site History

 

BA/944/1985 – Building application approved 1 January 1985 for alterations, additions and refurbishment to the existing residential flat building.

 

6.    Community Consultation

 

The application was notified to the adjoining and nearby properties from 28 April 2010 – 13 May 2010 in accordance with DCP – Public Notification of Development Proposals and Council Plans. No submissions were received at the close of the notification period.

 

6.1      Support

No letters of support were received.

 

7.    Technical Officers Comments

 

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

 

Manager Environmental Health and Building Services

The application was referred to the Manager Environmental Health and Building Services for comment.  No objections were raised subject to conditions with any approval. The following comments were made:

 

Building Services comments

 

The proposal

Alterations, additions and strata subdivision to the existing double storey residential flat building.

 

BCA Building Classification

Class 2 – Residential units

Class 10a - Garage

 

Description of the Building

In summary, the building incorporates:

 

§ A ‘rise in storeys’ of two

§ Masonry walls, tiled roof and timber floors

§ One exit stairway, of masonry construction

§ A total of 4 sole occupancy units, 2 on each floor level

§ External balconies

§ Side boundary building setbacks of approximately 1.51m and 1.68m from the northern and southern side boundaries respectively.

 

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.

 

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.

 

Recommendation:

Should the application be approved the appropriate nominated conditions shall apply.

 

Development Engineers

The application was referred to the Council’s Development Engineers for comment.  No objections were raised subject to conditions with any approval. The following comments were made:

 

Engineers comments

An application has been received for alterations and additions to the existing residential flat building including extension at rear, attic development, internal reconfiguration, reconstruct and enlarge front garages, fencing, landscaping and associated works (SEPP1 objection to floor space ratio control). The application also includes a strata subdivision of the site into 4 strata lots.

 

This report is based on the following plans and documentation:

·      Architectural Plans by Gutnik Design Group dated April 2010;

·      Draft Strata plans by surveyor Graham Wilson stamped by Council 23rd April 2010.

·      Statement of Environmental Effects dated Gutnik Design Group dated April 2010

·      Detail & Contour Survey by GK Wilson & associates dated 29th January 2010.

 

General Comments

Development Engineering’s view is that the proposal represents a significant improvement on the existing site conditions especially in terms of vehicle access and waste management arrangements for the site. There is therefore no objection from Development Engineering to the proposal.

 

Wall Cracking Comments

On site inspection by Council’s Development Engineer significant cracking was observed at the front of the existing building near the connecting bridge to Council’s footpath. An area around the cracking has been cordoned off with tape. The assessing is advised to consider if this should be addressed with the current application as no mention of it is made in the Statement of Environmental Effects.

 

Road/Footpath Comments

The existing concrete kerb and gutter in front of the site is in poor condition and will require replacement in conjunction with this development application.

 

Parking/Driveway Comments

Although the site is currently parking deficient Development Engineering will not require additional carspaces be provided for this development as the subject application does not plan to increase the number of bedrooms within the existing units or add any additional units.

 

The applicant does propose to widen the existing garages which are fully supported by Development Engineering as the garages currently do not comply with Australian standard 2890.1:2004 in regards to minimum width for enclosed carspaces. The proposed widening will ensure they comply with the standard.

 

Development Engineering will require the construction of new concrete vehicular crossings to access the redeveloped garages as there is currently no formal crossings provided.

 

Drainage Comments

The existing garages and front portion of the existing residential flat building drain to Victoria Street via existing pipes underneath the floor of the garages.

 

The rear portion of the existing residential flat building however appears to be connected illegally to the sewerage system at the rear of the property. This illegal connection shall be removed as part of any development consent for the subject proposal. As the roof will be slightly altered for the new attic storage rooms this provides the opportunity to ensure that rainwater runoff is disposed of correctly. A condition requiring the redeveloped roof be drained to Victoria Street via the existing site drainage system has been added to this report.

 

Waste Management Comments

The existing waste management arrangements on the site are unsatisfactory. There is presently no storage area provided at street level for waste bins and they are currently being permanently stored on Council’s footpath immediately in front of the site. The submitted plans indicate that a bin storage area is now proposed within the property adjacent to the street property alignment. The proposed area is large enough to store 6 bins which is the current amount observed on the site. As it represents a much improved situation for Council and residents the proposed bin area is fully supported by Development Engineering.

 

Landscape Comments

The two trees growing in the raised garden bed fronting Victoria Street, on the northern side of the existing centrally located pedestrian path/bridge, comprising from north to south, an Eriobotrya japonica (Loquat) and a Cupressus sempervirens ‘Swanes Golden’ (Golden Pencil Pine), both of around 4-5 metres in height, are not worthy of retention in anyway, and as such, can be removed and replaced with new landscape treatment as part of the general improvements being proposed to this site.

 

There is also a row of three Ligustrum lucidum (Large Leafed Privets) growing along the southern side setback which will need to be removed, irrespective of this application, as they are recognised as environmental weeds which invade areas of native bushland.

 

The 4m tall Persea americanna (Avocado) located in the rear yard, in the southeast corner of the site is insignificant, and can also be removed and replaced with new landscape treatment as has been indicated on the submitted plans, as this will improve the visual appeal of this area and the level of amenity provided to occupants.

 

Should the application be approved the appropriate nominated conditions shall apply.

 

 

 

 

8.    Master Planning Requirements

 

Clause 40A(1) of RLEP 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 4,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The site has a land area of 462.2m² and a master plan is not required.

 

9.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998 (Consolidation)

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

 

Clause 12 – Zone No 2C (Residential 2C Zone)

The objectives of Zone No 2C are:

 

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

(b)  to allow a range of community facilities to be provided to serve the needs of residents, workers and visitors, and

(c)  to enable residential development in a variety of medium density housing forms where such development does not compromise the amenity of surrounding residential areas, and

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

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

 

Multi-unit housing development is permissible in the zone and the proposal will lend a greater level of amenity for existing and future occupants of the site and provide additional residential accommodation for the area.

 

The proposal will not detract from the environmental qualities of the area and will improve the functionality of the subject dwelling without compromising the amenity of surrounding dwellings. The proposed alterations and additions will (subject to the appropriate conditions of consent) result in a development that has a bulk and scale that is commensurate with the surrounding development. As such, the proposal is considered to satisfy the relevant zone objectives.

 

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

 

Clause

Required

Proposed

Compliance

22 Services

Adequate facilities for supply of water, disposal of sewage and drainage are required to support a proposed development

The site has existing utility services.

Complies.

20E Landscaped area

(2) Minimum 50% of the site area (or 231.1m2).

 

 

 

 

 

 

(3) Landscaped areas over podiums or excavated basement areas not to exceed 50% of landscaped area provision

Existing – 24.3% (112.5m²)  

Proposed – 28.5% (132m²)  

– Shortfall of 21.5% (99.373m2)

 

 

Not applicable 

Does not comply- SEPP 1 objection submitted.

 

 

20F

Floor space ratio

0.65:1 for sites less than 700m2 in 2C zones

Existing – 1:1 (461)

Proposed - 1.04:1 (483.05 m²)

Does not comply- SEPP 1 objection submitted.

20G

Building height

(2) Overall height: 12m

 

(4) External wall height: 10m

Maximum height 11.9m

 

Maximum wall height 8.3m

Complies

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

The proposal details minor excavation for the extension of the existing garages fronting Victoria Street. The works involve minimal excavation on the site. 

Complies, subject to conditions

 

9.2      State Environmental Planning Policy (Affordable Rental Housing) 2009

The relevant aims of the SEPP are as follows:

 

(a) to provide a consistent planning regime for the provision of affordable rental housing,

(b) to facilitate the effective delivery of new affordable rental housing by providing incentives by way of expanded zoning permissibility, floor space ratio bonuses and non-discretionary development standards,

(c) to facilitate the retention and mitigate the loss of existing affordable rental housing,

(d) to employ a balanced approach between obligations for retaining and mitigating the loss of existing affordable rental housing, and incentives for the development of new affordable rental housing,

(e) to facilitate an expanded role for not-for-profit-providers of affordable rental housing,

(f) to support local business centres by providing affordable rental housing for workers close to places of work,

(g) to facilitate the development of housing for the homeless and other disadvantaged people who may require support services, including group homes and supportive accommodation.

 

The relevant sections of the State Environmental Planning Policy (Affordable Rental Housing) 2009 include: -

 

·              Part 3 – Retention of existing affordable housing

·              Clause 50 – Reduction of availability of affordable housing

 

9.2.1   Part 3 – Retention of existing affordable housing

Part 3 of the SEPP is applicable to those buildings that were low-rental residential buildings as at 28 January 2000, and does not apply to any building that becomes a low-rental residential building after that date.

 

In accordance with Part 3 of the SEPP (Affordable Rental Housing) 2009, ‘low-rental dwellings’ are defined as being :-  a dwelling that (at any time in the 24 month period prior to the lodgment 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 published by the Department of Human Services or equivalent) in relation to a dwelling of the same type, having the same number of bedrooms and located in the same local government area”. 

 

The applicant has provided rental receipts indicating that the rental rates for the tenanted units (at $475) exceed the median rental rate ($455). Statutory declarations and utility bills have been provided with the application to confirm the units not receiving rent were occupied by the owner’s immediate family members.

 

The units within the building have not been identified as being affordable rental housing. Therefore, Part 3 of the SEPP (Affordable Rental Housing) 2009 is not applicable to the subject site.

 

9.2.2   Clause 50 – Reduction of availability of affordable housing

In accordance with Clause 50 of the SEPP, the applicant must not strata subdivide the building without development consent. In determining a development application, Council must take into account whether there is likely to be a reduction in affordable housing on the subject site. In this instance, the applicant has indicated that there are no low-rental dwellings in the building which will be affected as a result of the proposed strata subdivision. Given the definition of the building as outlined in Part 3 of the SEPP, the strata subdivision is not required to be assessed against Clause 50.

 

9.3      State Environmental Planning Policy No.55 - Remediation of Land

The site has not been identified as including any contaminated land or having sustained any previous uses which may have resulted in contamination.

 

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

SEPP: BASIX requirements came into force for multi-unit housing where development applications were lodged on or after 1 July 2005. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

The proposal is for alterations and additions to the existing multi-unit housing development and the applicant has provided a BASIX certificate (certificate number A80752) in accordance with the requirements of the SEPP. The provision of a certificate indicates that compliance with the current targets set for energy and water conservation have been met by the development. The certificate also identifies the measures to be shown on Development Application plans to ensure these targets are maintained through to construction.

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

 

9.5      State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development

This Policy applies to development being:

 

(a)    The erection of a new residential flat building, and

(b)    The substantial redevelopment or the substantial refurbishment of an existing residential flat building, and

(c)    The conversion of an existing building to a residential flat building.

(d)    If particular development comprises development to which subclause (1) applies and other development, this Policy applies to the part of the development that is development to which subclause (1) applies and does not apply to the other part.

 

The guide stipulates that the SEPP is to be applied in accordance with the following paragraph:

The nature of the proposed works are considered to be minor and do not involve modifications to the building envelope, unit mix, number of units, or the existing residential flat building’s presentation to the street. The scale, built form and density will remain substantially as existing and as such, the proposed are not considered to fall under SEPP 65 and was not referred to the Design Review Panel.

 

10. Policy Controls

10.1    Development Control Plan – Multi-Unit Housing

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Height

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

 

The bulk of the additions will not be visible from the street and given the bulk of additional floor space is confined within the attic level of the building in conjunction with the rear flat roof is considered to be acceptable and will not result in an unreasonable loss of sunlight and ventilation for the adjoining properties. The overall and external wall height of the building will remain unchanged.

 

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

The existing building setbacks (including that of the two front garages built to the street alignment) will remain unchanged as a result of the proposal.

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.

S2  Zone 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

See assessment above.

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.

S3  Zone 2C

Minimum average setback 8 metres.

No part closer than 6m.

Maximum length of wall without articulation 10m.

The bulk of the building remains unchanged at 4.29m from the rear of the site. The proposed rear balconies are 1.2m in depth and set 3.09m from the rear boundary. Although this does meet the DCP preferred solution, given the balconies are not solid structures, they will not unreasonably impinge on the solar access or amenity of the residents to the rear. For assessment of potential privacy impacts, refer to ‘privacy’ section of this table.

Density

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

 

The bulk of the additions will not be highly visible from the street and will result in a building which is still compatible with development in this section of Victoria Street. 

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.

 

The proposal seeks to construct a 1.6m – 1.8m high masonry fence with paling infill to the Victoria Street frontage.

The upper two thirds of the fence is of an open design and maintains the visual amenity of the streetscape. Further, additional hedge planting has been proposed to soften the appearance of the fence and garages.  Complies.

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.

Each unit continues to enjoy access to courtyards or open yard areas capable of accommodating passive recreation to enhance the amenity of the occupants.

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

 

The allocation of open spaces is to remain largely as existing due to the dimensions and constraints of the subject site.

P3  Private Open Space

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

 

See assessment above.

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.

The proposed skylight windows do not overlook any adjoining properties. Further, attic storage areas are not considered to be habitable spaces and therefore will have minimal impact on the privacy and amenity of adjoining sites.

P2 Private open space design and location ensure privacy.

 

The proposed rear balconies have been indicated for provision with obscure glass balustrades to minimise direct overlooking to the rear. The balconies are also set 4m from the northern and southern side boundaries. Further, the balconies have depth of only 1200mm, which is insufficient to accommodate large congregations of people. Notwithstanding the balcony’s close proximity to the rear boundary, it is not anticipated that the balconies will generate an unreasonable level of overlooking.

 

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

The proposal maintains the existing building and external wall height of the building and is not anticipated to generate any unreasonable additional overshadowing impacts to the adjoining residential properties.

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

 

Satisfactory.

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.

 

Satisfactory.

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.

 

Satisfactory.

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.

Satisfactory.

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 proposal retains two (2) existing garages allocated to units 3 and 4. This does not meet the requirements for parking under the DCP. For detailed discussion, refer to section 10.2 below.

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

 

The proposed widening of the existing garages forward of the building line do not unduly detract from the existing residential flat building and allow for garages which comply with the Australian Standards for car parking width. The proposal has been assessed by Council’s development Engineers and no objections have been raised. Suitable conditions have been imposed for vehicular crossing works.

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

 

Not required as the building comprises of only 4 units.

P3 Secure storage for bicycles is provided.

 

None as existing.

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.

 

As existing. Satisfactory

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.

Not applicable.

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 as the proposed development contains 4 units. The requirement is thus 0 

 

10.2    Development Control Plan – Parking

The DCP – Parking requires, amongst other things, car parking to be provided for multi-unit residential development at a rate of 1.2 spaces per 2 bedroom dwelling, 1.5 spaces per 3 bedroom dwelling and 1 visitor space per 4 dwelling units. The building has only two (2) on site parking spaces available which are allocated to units 3 and 4. In accordance with the DCP for Parking, the site would be required to meet the following car parking provisions:

 

 

 

Rate

Required

Proposal

Business Premises

1 per 40m2 GFA

N/A

N/A

Studio

1 per 2 dwellings

N/A

N/A

1 Bedroom

1 per unit

N/A

N/A

2 Bedroom

1.2 per unit

4 units

= 4.8 spaces

2 spaces

Visitor

1 per 4 units

4 units

= 1 space

0 spaces

Total car spaces

 

6 spaces

2 spaces

 

Although the site is currently deficient in parking spaces, Council’s Development Engineers do not require additional carspaces be provided for this development as the subject application does not plan to increase the number of bedrooms within the existing units or add any additional units.

 

The applicant does propose to widen the existing garages which are fully supported by Development Engineers as the garages currently do not comply with Australian standard 2890.1:2004 in regards to minimum width for enclosed carspaces. The proposed widening will ensure they comply with the standard.

 

Development Engineering will require the construction of new concrete vehicular crossings to access the redeveloped garages as there is currently no formal crossings provided.

 

10.3    Section 94A Contributions

This application is EXEMPT from a levy under Council’s s94A Development Contributions Plan as it falls into the category of:

 

  Development involving alterations and additions to, or the rebuilding of a building that is used for residential purposes or a building that is used for a purpose that is ancillary or incidental to such a purpose, unless the development involves an enlargement, expansion or intensification of the use of the building or the land to which the building is, or is proposed to be situated.

 

10.4    Council Policies

 

10.4.1        Council’s Asbestos Policy 2005

An Asbestos survey has not been submitted with the application which states that the existing building does/does not contain materials which contain building asbestos.

 

As such, in accordance with Council’s Asbestos Policy, suitable conditions of consent have been imposed accordingly to maintain appropriate levels of public health and safety.

 

11.   Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

 

 

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

Not applicable.

 

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

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

 

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

Not applicable.

 

 

 

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

Clause 7 of the EP&A Regulation 2000 requires the consent authority to consider the provisions of the Building Code of Australia. Accordingly, appropriate conditions of consent are recommended for imposition should this application be considered suitable for approval.

 

Clause 92 of the Regulation requires the consent authority to consider relevant Australian Standards relating to demolition of structures. Accordingly, a specific condition is recommended for imposition to require compliance with Australian Standard 2601.

 

Clause 93 of the Regulation requires the consent authority to consider the structural capacity and fire safety aspects of a building. Accordingly, appropriate conditions are recommended to address the above matters.

 

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 predominant residential land uses in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality.

 

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

The site has sufficient area to accommodate the proposed land uses and structures. Therefore, the site is considered suitable for the proposed development.

 

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

No submissions have been received in relation to the proposed development.

 

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

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 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 proposal is permissible with the consent of Council on the subject site and generally complies with the standards, aims and objectives contained in the RLEP 1998 (Consolidation).

 

The proposal complies with the relevant assessment criteria and the objectives of the 2C zone and performance requirements of the DCP – Multi Unit Housing and will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality

 

The SEPP No. 1 objections lodged with respect to the non-compliance with the regard to floor space ratio and landscaped area are considered to be well founded. The proposal will not have a significant adverse impact on the amenity of the surrounding development in terms of visual bulk and scale, solar access and privacy.

 

The application is therefore recommended for approval subject to the attached conditions of consent.

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20F(2) and 20E(2) of Randwick Local Environmental Plan 1998 (Consolidation), relating to floor space ratio and landscaped area, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 182/2010 for alterations and additions to the existing residential flat building including rear extension, attic development, internal reconfiguration, reconstruction and enlargement of front garages, fencing, landscaping and associated works and strata subdivision, at No. 7 Victoria Street, Randwick, subject to the following conditions:

 

REFERENCED PLANS:

 

1.       The development must be implemented substantially in accordance with the plans numbered DA913 – sheets 01, 04, 05, 06 & 07, dated April 2010 and received by Council on 23 April 2010, the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

 

ENVIRONMENTAL AMENTITY:

 

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 works are to be compatible with the existing building and adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

3.       Street numbering must be provided to the premises in a prominent position, to the satisfaction of Council.

 

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.

 

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

 

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

 

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

 

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

 

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

 

7.       Prior to the commencement of any building 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

 

8.       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, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing, and

                                        

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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.

 

13.     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.

 

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

 

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

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

 

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

 

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

 

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

 

Structural adequacy

16.     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 that the structural adequacy of the building.

 

17.     A Certificate prepared by a professional engineer, shall be submitted to the Council prior to issuing an occupation certificate or strata subdivision certificate certifying the structural adequacy of the external balconies and external stairway.

 

Construction site management

 

18.     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

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

·           WorkCover NSW Codes of Practice and Guidelines

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

 

19.     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)     Compliance with Randwick City Council’s 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.

 

20.     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.

 

21.     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).

 

22.     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.

 

23.     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.

 

24.     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)     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.

 

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 & Regulatory Services department.

 

d)     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. 

 

e)     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.

 

f)      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.

 

g)     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.

 

h)     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.

 

i)      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.

 

 

j)      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.

 

k)     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 or any other container or article.

 

Fire safety

 

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

 

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

 

1)     Install a smoke detection and alarm system throughout the building in accordance with specification E2.2a of the BCA,

 

2)     Balustrades and handrails to the stairway, balcony, or the like are to be designed and constructed to satisfy clause D2.16 & D2.17 of the BCA,

 

3)     The ceilings separating the lower ground floor and ground floor of the  residential units throughout the building shall be upgraded to achieve reasonable levels of fire separation and sound transmission, having regard to the relevant provisions of the Building Code of Australia and details are to be submitted to and approved by Council prior to commencement of the works,

 

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

 

b)     All new building works (including the proposed alterations/additions) must satisfy the relevant performance or deemed-to-satisfy provisions of the Building Code of Australia.

 

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

 

26.     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 confirms that all of the upgrading works have been carried out in accordance with the conditions of consent.

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

 

27.     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 new concrete vehicular crossings and layback at kerb opposite the vehicular entrances to the site.

 

b)       Re-construct new kerb and gutter for the full site frontage except opposite the vehicular access.

 

28.     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.

 

29.     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.

 

Service Authority Conditions

 

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

 

30.     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.

 

31.     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.

 

Drainage Conditions

 

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

 

32.     Stormwater runoff from the redeveloped portion of the building site shall be discharged to the kerb and gutter in Victoria Street via the existing stormwater disposal system.

 

NOTE: The rear of the building appears to drain illegally to Sydney Water’s sewerage system. This must be removed and connection restored to the existing stormwater disposal system to Victoria Street.

 

Landscape Conditions

 

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

 

33.     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 completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

34.     In order to improve the overall appearance of the site and its presentation to the streetscape, as well as to increase usability of the private open space which will improve the level of amenity provided to occupants, landscape treatment shall be provided within both the front and rear portions of the property (as has been shown), selecting suitably decorative and low water, low maintenance species that will attain at minimum, the same height as boundary fencing in these respective locations.

 

35.     The PCA must ensure that the landscape improvement works are completed prior to issuing a Final Occupation Certificate, with the body corporate or similar to ensure it is maintained in a healthy and vigorous state.

 

Removal of trees within site

 

36.     Approval is granted for removal of the following trees in order to accommodate the proposed works as shown, subject to completion of the approved landscape/improvement works:

 

a)       In the front yard, on the northern side of the existing pedestrian pathway/bridge, from north to south, an Eriobotrya japonica (Loquat) and a Cupressus sempervirens ‘Swanes Golden’ (Golden Pencil Pine);

 

b)       In the rear yard, in the southeast corner of the site, the small Persea amercianna (Avocado).

 

 

Strata Subdivision Conditions

 

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

 

37.     All floors, external walls and ceilings depicted in the proposed strata plan must correspond to those of the building as constructed.

 

38.     All floors, external walls and ceilings depicted in the proposed strata plan must correspond to those depicted in the building plans for the site approved under this development application.

 

39.     Prior to endorsement of the strata plans, all facilities required under previous development approvals (such as parking spaces, terraces and courtyards) must been provided in accordance with the relevant requirements.

 

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

 

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

 

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

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the plan of subdivision.

 

41.     The applicant shall provide Council with the finalised strata plan of the property prior to receiving subdivision approval (this shall include the location of any on-site stormwater detention systems).

 

42.     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.

 

43.     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.

 

44.     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.

 

45.     A survey ‘Plan of Redefinition’ shall be registered and a copy forwarded to Council prior to the endorsement of the strata plans.

 

 

 

 

ADVISORY MATTERS:

 

A1      Building or excavations works must not be commenced until a construction certificate has been obtained from Council's Building Certification Services or an Accredited Certifier and either Council's Building Certification Services or an Accredited Certifier has been appointed as the Principal Certifying Authority (PCA) for this development.

 

Failure to obtain a Construction Certificate and appoint a PCA before commencing works is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million under the Environmental Planning & Assessment Act 1979.

 

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:-

 

a.     Install or erect any site fencing, hoardings or site structures

b.     Operate a crane or hoist goods or materials over a footpath or road

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

 

Attachment/s:

 

Nil

 

 


Planning Committee

10 August 2010

 

 

 

Development Application Report No. D59/10