Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 21 September 2010

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council

21 September 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ordinary Council Meeting

 

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 21 September 2010 at 6:00pm.

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes
Ordinary Council Meeting - 24 August 2010

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minutes

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

Urgent Business

Director City Planning Reports

CP73/10    34 Milford Street, Randwick (deferred)

CP74/10    491 Bunnerong Road, Matraville

CP75/10    164 Brook Street, Coogee

CP76/10    52 Sturt Street, Kingsford

CP77/10    51-69R Dolphin Street, Coogee

CP78/10    88-102 Moverly Road, South Coogee

CP79/10    301 Alison Road, Coogee

CP80/10    Reporting variation to Development Standard under State Environment Planning Policy No. 1 (SEPP1) from 1 August to 31 August, 2010

CP81/10    Cultural Community Grants Program September 2010 Assessment Round - Recommended Allocations

General Manager's Reports

GM40/10    Wylies Baths Trust - Request for New Trust Member

GM41/10    SEGRA National Conference 2010

GM42/10    Affixing of the Council Seal

GM43/10    Sydney Coastal Councils Group - Request for contribution to Underwater Sydney Education Program

GM45/10    Clovelly Surf Life Saving Club - Request for Interest Free Loan

Director City Services Report

CS23/10    Beach Soccer World Wide - Maroubra Beach

Director Governance & Financial Services Reports

GF40/10    Annual review of Councillors' Expenses & Facilities Policy

GF41/10    Fraud and Corruption Prevention Policy

GF42/10    Presentation of the 2009-10 Financial Statements

GF43/10    Investment Report - August 2010

GF44/10    Local Government Association of NSW - 2010 Annual Conference

GF45/10    Proposed Short Term Lease of Jersey Lane Matraville by Kindaburra Childcare Centre

GF46/10    Matraville Town Centre Action Plan - Proposed Trial of Waiving Outdoor Dining Licence Fees

GF47/10    Matraville Town Centre Action Plan - Partnering with Matraville Chamber of Commerce to Implement Identified Actions

GF48/10    Joint Standing Committee on Electoral Matters - 2008 Local Government Elections

GF49/10    Joint standing Committee on Electoral Matters - Public Funding of Local Government Election Campaigns   

 

Petitions

Motion Pursuant to Notice

NM42/10    Motion Pursuant to Notice from Cr Notley-Smith - Postponement of the Coogee Bay Town Centre Urban Design and Streetscape Study

NM43/10    Motion Pursuant to Notice from Cr Matson - Suspension of Coogee Town Centre Heritage, Urban Design and Streetscape Study

NM44/10    Motion Pursuant to Notice from Cr Bowen - Deferrment of  work on the Coogee Town Centre

NM45/10    Motion Pursuant to Notice by Cr Notley-Smith - Impact of Council owned trees on photovoltaic cells & solar hot water systems  

 

Closed Session

GM44/10    See to Shore - request for 20 year lease extension

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

  

Notice of Rescission Motions

Nil 

 

 

 

……………………………………………………

Ray Brownlee

General Manager

 


Ordinary Council

21 September 2010

 

 

 

Director City Planning Report No. CP73/10

 

 

Subject:                  34 Milford Street, Randwick

Folder No:                   DA/964/2009

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

DA/964/2009 is seeking approval for the Demolition of existing structures on site and construction of a part 3- and part 4-storey residential flat building consisting of 2 x 1-bedroom units and 2 x 3-bedroom units, car parking for 7 vehicles and associated landscape works. (SEPP 1 Objections for FSR and external wall height).

 

The subject development application was reported to the Planning Committee meeting held on 20 July 2010 with a recommendation of approval. At the meeting it was resolved that:

 

RESOLUTION: (Notley-Smith/Matson) that the application be deferred for mediation.

 

Issues

 

A mediation session was organised for 9 September 2010. All the parties were provided considerable notice of the meeting date and confirmed their attendance. However, the owners of the development site did not attend and their architect at the mediation session was unable to act on their behalf. The architect advised Council that his client may still be overseas. As such the mediation did not proceed.

 

In view of the lengthy time the application has been with Council (some 9 months), and the time and resources involved in organising a further mediation session, the application is referred back to Council for its consideration and determination.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:      Excellence in urban design and development.

 

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

 

Key Action:      Encourage and reward design excellence and sustainability.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 964/2009 for demolition of existing structures on site and construction of a part 3 and part 4-storey residential flat building consisting of 2 x 1-bedroom units and 2 x 3-bedroom units, car parking for 7 vehicles and associated landscape works, at No. 34 Milford Street, Randwick, subject to the following conditions:

 

REFERENCED PLANS:

 

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

Plan Number / Title

Dated

Received

Prepared By

Dwg 0.1 (DA)

10.12.09

10 May 2010

Hill Thalis Architecture + Urban Projects Pty. Ltd.

Dwg 1 (DA)

10.12.09

10 May 2010

Dwg 2 (A2)

31.03.10

10 May 2010

Dwg 3.1 (A3)

03.05.10

10 May 2010

Dwg 3.2 (A3)

03.05.10

10 May 2010

Dwg 3.3 (A3)

03.05.10

10 May 2010

Dwg 4 (A2)

30.03.10

10 May 2010

Dwg 4.2 (A1)

25.03.10

10 May 2010

Dwg 5 (A3)

03.05.10

10 May 2010

Dwg 6 (A3)

03.05.10

10 May 2010

Dwg 7 (A2)

31.03.10

10 May 2010

Dwg 8.1 (A1)

25.03.10

10 May 2010

Detail Study – Privacy Screens (Issue A)

23 March 2010

10 May 2010

Detail Study – Permeable Gabion Walls (Issue A)

23 March 2010

10 May 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:

 

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 building are to be consistent with the approved drawings.

 

3.       A minimum of two (2) bicycle parking spaces are to be provided within the proposed development. The design and construction of the bicycle parking facilities are to be compliant with Australian Standard 2890.3: Bicycle Parking Facilities. Details of compliance are to be included in the Construction Certificate application.

 

4.       The proposed Albizia julibrissin “Rosea” tree (Silk Tree) located adjacent to the south-western corner of the building shall be deleted, in order to minimise obstruction of distant views from the adjoining dwelling at No. 32 Milford Street. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation.

5.       The reflectivity index of glass used in the external facades of the development must not exceed 20 per cent. Details of compliance are to be incorporated in the Construction Certificate documentation.

 

6.       Suitable security lighting is to be installed in the main pedestrian entry path adjacent to the western boundary of the site. The above lighting devices shall be low level lighting where the light source is positioned no higher than 1200mm above the finished ground level, and is to be directed towards the ground. Details are to be incorporated in the Construction Certificate documentation to the satisfaction of the certifying authority.

 

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

 

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

         

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

 

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

 

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

 

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

 

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

 

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

 

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.

 

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

 

14.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,478,503, the following applicable monetary levy must be paid to Council: $14,785.03.

 

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 condition is applied to provide adequate provisions for parking to the development:

 

15.     Public access to the visitor’s car parking space is to be maintained at all times and an intercom system is to be provided adjacent to the vehicular entrance to the car park, together with appropriate signage providing instructions for use. The visitor parking space is to be clearly signposted.

 

The following condition is applied to promote occupant safety:

 

16.     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 conditions have been applied to maintain reasonable levels of amenity to the area:

 

17.     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 (excluding plant and equipment during the construction phase) 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.

 

18.     A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s approval, to the satisfaction of Council’s Manager Health, Building & Regulatory Services.

 

19.     There are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

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

 

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

 

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

 

22.     Prior to the commencement of any building 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 & specifications and development consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

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

 

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

 

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

 

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

 

iv)      give at least two days notice to the Council, in writing, of the 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.

 

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

 

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

 

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

 

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

 

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

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

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

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

 

26.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building 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.

 

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

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

 

28.     In accordance with clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition, that in the case of residential building work, a contract of insurance must be obtained and in force, in accordance with the provisions of the Home Building Act 1989.

 

Where the work is to be done by a licensed contractor, excavation or building work must not be carried out unless the Principal Certifying Authority (PCA):

·       has been informed in writing of the licensee’s name and contractor number; and

·       is satisfied that the licensee has complied with the insurance requirements of Part 6 of the Home Building Act 1989, or

 

Where the work to be done by any other person (i.e. an owner-builder), excavation or building work must not be carried out unless the Principal Certifying Authority:

·       has been informed of the person’s name and owner-builder permit number, or

·       has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $5,000.

 

Details of the principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA / notice of intention to commence building work.

 

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

 

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

 

30.     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.

 

31.     As a minimum, the building is required to be provided with a smoke alarm system complying with Clause 3 of Specification E2.2a of the Building Code of Australia or a smoke detection system complying with Clause 4 of Specification E2.2a of the Building Code of Australia or a combination of a smoke alarm system within the sole-occupancy units and a smoke detection system in areas not within the sole-occupancy units.  The smoke detectors located within the stairway, corridors or the like must be interconnected.

 

Additional requirements regarding the design and installation of the smoke detection and alarm system may be specified in the construction certificate for the development.

 

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

 

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

 

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

 

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

 

The following group of conditions have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

33.     Documentary evidence prepared by a suitably qualified professional geotechnical engineer shall be submitted to the certifying authority prior to the issuing of a construction certificate, certifying the suitability and stability of the site for the proposed building and certifying the suitably and adequacy of the proposed design and construction of the building for the site.

 

34.     A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of potential vibration emissions.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises.

 

Any practices or procedures specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises, must be fully complied with and incorporated into the documentation for the construction certificate.

 

A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

 

35.     Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is submitted to the certifying authority, prior to the issuing of a construction certificate, which demonstrates that damage should not occur to any adjoining premises and public place as a result of the works.

 

 

Any practices or recommendations specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises or land must be fully complied with and incorporated into the documentation for the construction certificate.

 

36.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc.) located upon the adjoining premises at No. 32 Milford Street.

 

The report is to be supported with photographic evidence of the status and condition of the buildings and a copy of the report must also be forwarded to the Council and to the owners of each of the abovementioned premises, prior to the commencement of any works.

 

37.     The installation of ground or rock anchors underneath any adjoining premises must not be carried out without specific written consent of the owners of the affected adjoining premises (including the Council if bounding a public roadway or public place) and where applicable, details of compliance must be provided to the certifying authority prior to the commencement of any excavation or building works.

 

38.     A Certificate prepared by a professional engineer shall be submitted to the certifying authority prior to occupation of the building, which certifies that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

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:

 

39.     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.

 

40.     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).

 

41.     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.

 

42.     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.

 

43.     A report prepared by a suitably qualified and experienced person shall be submitted to the Principal Certifying Authority (PCA) and a copy is to be provided to Council upon commencement of works or as otherwise specified by the PCA or Coucnil, certifying that noise and vibration emissions from the construction of the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, Councils conditions of consent and relevant Standards relating to noise and vibration.  In support of the above, it is necessary to submit all relevant readings and calculations made.

Any recommendations and requirements contained in the report are to be implemented accordingly and should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to the PCA and Council.

 

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

 

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

 

d)     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.

 

e)     A temporary timber, asphalt or concrete crossing is to be provided to the site entrance across the kerb and footway area, with splayed edges, to the satisfaction of Council, unless access is via an existing concrete crossover.

 

f)      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 or nature strip or in any public place:-

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

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

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

 

g)     The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to Council.

 

h)     A 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.

 

i)      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.

 

45.     A Registered Surveyor’s check survey certificate or compliance certificate is to 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), detailing compliance with Council’s approval at the following stage/s of construction:

 

a)     Prior to construction of the first completed floor/floor slab (prior to pouring of concrete), showing the area of land, building and boundary setbacks and verifying that the building is being construction at the approved levels.

 

b)     On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks and verifying the building has been constructed at the approved levels.

 

46.     A Construction Site Management Plan is to be developed and implemented prior to the commencement of demolition, excavation or building 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 and 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 provisions.

 

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 convenience to the satisfaction of Council.  A copy of the approved Construction Site Management Plan must be maintained on site and be made available to Council officers upon request.

 

47.     During demolition excavation and construction works, dust emissions must be minimised, so as not to result in a nuisance to nearby residents or result in a potential pollution incident.

 

 

Adequate dust control measures must be provided to the site prior to the works commencing and the measures and practices must be maintained throughout the demolition, excavation and construction process, to the satisfaction of Council.

 

Dust control measures and practices may include:-

·       Provision of geotextile fabric to all perimeter site fencing (attached on the prevailing wind side of the site fencing).

·       Covering of stockpiles of sand, soil and excavated material with adequately secured tarpaulins or plastic sheeting.

·       Installation of a water sprinkling system or provision hoses or the like.

·       Regular watering-down of all loose materials and stockpiles of sand, soil and excavated material.

·       Minimisation/relocation of stockpiles of materials, to minimise potential for disturbance by prevailing winds.

·       Revegetation of disturbed areas.

 

48.     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.

 

Details of the proposed sediment control measures are to be detailed in the Site Management Plan and must be submitted to and approved by the principal certifying authority prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the approved details must be forwarded to the Council and a copy is to be maintained on-site and be made available to Council officers upon request.

 

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.

 

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.

 

A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

49.     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.

 

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 the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

Temporary fences or hoardings 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 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.

 

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

§   Australian Standard 2601 (2001) – Demolition of Structures

§   Occupational Health and Safety Act 2000

§   Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

§   WorkCover NSW – Guidelines and Codes of Practice

§   Randwick City Council’s Asbestos Policy

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

 

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

 

The 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 and removal of asbestos

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

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

§   Methods and location of disposal of any asbestos or other hazardous materials

§   Other relevant details, measures and requirements to be implemented as identified in the Asbestos Survey

§   Date the demolition and removal of asbestos 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 works.  A copy of the Demolition Work Plan must be forwarded to Council and a copy must also be maintained on site and be made available to Council officers upon request.

 

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

 

a)     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 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.

 

c)     On 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.

 

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

 

e)     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 upon completion of the works prior to an Occupation Certificate being issued, which confirms that the asbestos material have been removed appropriately and the relevant requirements contained in the Asbestos Survey and conditions of consent in relation to the safe removal and disposal of asbestos, have been satisfied.

 

Security Deposit Conditions

 

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

 

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

 

a)   $5000.00   -      Damage/Civil Works Security Deposit

 

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

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

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

 

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

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

 

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

 

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

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

 

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

 

c)   Reconstruct and regrade the Council concrete footpath along the full Judge Street site frontage to meet the new Council driveway levels.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

55.     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.

 

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

 

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

 

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

 

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

 

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

 

Milford Street Frontage - match the back of the existing footpath along the full site frontage.

 

Judge Street Frontage – Driveway Entrance shall be RL 39.65 AHD

 

Note: This will require the reconstruction of the council footpath along the Judge St frontage.

 

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

 

60.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $1,344.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

61.     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.

 

62.     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.

 

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

 

64.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

68.     Stormwater drainage plans have not been approved as part of this development consent. Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

a)       A detailed drainage design supported by a catchment area plan, at a scale of 1:100 or as considered acceptable to the Council or an accredited certifier, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run-off, 1987 edition.

 

b)       A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system. 

 

c)       Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The site must be graded to direct any surplus run-off (ie. above the 1 in 20 year storm) to the proposed drainage system.

 

d)       The separate catchment areas within the site, draining to each collection point or surface pit are to be classified into the following categories:

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

e)       Where buildings abut higher buildings and their roofs are "flashed in" to the higher wall, the area contributing must be taken as:  the projected roof area of the lower building, plus one half of the area of the vertical wall abutting, for the purpose of determining the discharge from the lower roof.

 

f)       Proposed finished surface levels and grades of car parks, internal driveways and access aisles which are to be related to Council's design alignment levels.

 

g)       The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.

 

69.     All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

70.     All site stormwater must be discharged (by gravity) to either:

·      The kerb and gutter or drainage system at either site frontage of the property; OR

·      A suitably sized infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

 

71.     Should stormwater be discharged to Council’s street drainage system, on-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 5 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by Council.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

Should no formal overland escape route be provided for storms greater than the design storm, the on-site detention system shall be sized for the 1 in 100 year storm event.

 

For small areas up to 0.5 hectares, determination of the required cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum has to be a minimum of 2.0 metres below the base of the tank.

 

72.     Should stormwater be discharged to an infiltration system, the infiltration area shall be  sized for all storm events up to the 1 in 20 year storm event with provision for a formal overland flow path to Council’s Street drainage system.

 

Should no formal overland escape route be provided for storms greater than the design storm, the infiltration system shall be sized for the 1 in 100 year storm event.

 

73.     Any Infiltration systems/Absorption Trenches must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

74.     The detention area/infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.

 

75.     Any onsite detention/infiltration systems shall be located in areas to be dedicated as common property.

 

76.     The maximum depth of ponding in above ground detention areas (and/or infiltration systems with above ground storage) shall be as follows:

·      300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

·      600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10.

·      1200mm in landscaped areas where a childproof fence is provided around the outside of the detention area

 

Notes:

§  It is noted that above ground storage will not be permitted in basement carparks or in any area which may be used for storage of goods.

§  Mulch/bark must not be used in onsite detention areas

 

77.     Any above ground stormwater detention areas (and/or infiltration systems with above ground storage) must be suitably signposted where required, warning people of the maximum flood level.

 

78.     The floor level of all habitable and storage areas adjacent to the detention area (and/or infiltration systems with above ground storage) must be a minimum of 300mm above the maximum water level in the detention area for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

79.     A childproof and corrosion resistant fastening system shall be installed on access grates over pits/trenches where water is permitted to be temporarily stored.

 

80.     A `V' drain is to be constructed along the perimeter of the property, where required, to direct all stormwater to the detention/infiltration area.

 

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

 

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

 

82.     A sediment/silt arrester pit must be provided:-

·      within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system; and

·      prior to stormwater discharging into any absorption/infiltration system.

 

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

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

 

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

 

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

 

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

 

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

 

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

 

·      A sign adjacent to the pit stating:

 

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

 

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

 

83.     Prior to occupation of the development, a "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention/infiltration system is maintained and that no works which could affect the design function of the detention/infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

a.  The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.

b.  If new linen plans are being prepared for the site, the plans shall indicate the location and dimensions of the detention/infiltration areas. 

c.  The works as executed drainage plan and hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

 

84.     One covered car washing bay shall be provided for this development.

 

a)       The car washing bay must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to an occupation certificate being issued for the proposed development.

 

b)       The car washing bay must be located outside any required/approved stormwater detention system.

 

c)       The car washing bay may be located within the visitor parking spaces provided they are signposted with ‘Exclusive Carwash Bay Use Sat 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’

 

d)       The car washing bay must be constructed with a minimum 20mm bund around the perimeter of the car washing bay (or equivalent)

 

e)       A water tap shall be located adjacent to the car washing bay.

 

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

 

a) The location of the detention basin with finished surface levels;

b) Finished site contours at 0.2 metre intervals;

c) Volume of storage available in the detention areas;

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

e) The orifice size(s) (if applicable);

f) Details of any infiltration/absorption systems; and

g) Details of any pumping systems installed (including wet well volumes).

 

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

 

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

 

Notes:

 

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

 

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

 

88.     Any seepage water must be drained directly into an absorption pit within the site. Seepage water must not be drained from the site.

 

89.     If any temporary dewatering of the site is required to facilitate construction of any part of the basement car park and/or detention tank a licence under Part V of the Water Act 1912 will be required. The licence must be obtained from the NSW Department of Water and Energy prior to installation of the works. A copy of the license agreement must be forwarded to Council prior to any dewatering being undertaken.

 

90.     A separate written approval from Council is required to be obtained in relation to any proposed discharge of groundwater into Council’s drainage system external to the site, in accordance with the requirements of Section 138 of the Roads Act 1993.

 

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

 

91.     The garbage room areas will have to be designed so as to be able to contain a minimum of 4 x 240 litre bins (2 garbage bins & 2 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

92.     The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

93.     The waste storage areas shall be clearly signposted.

 

94.     Prior to the Certifying Authority issuing an occupation certificate for the proposed development the applicant is to contact Council’s Manager of Waste in regards to meeting Council’s requirements for waste services to the additional residential development.

 

Landscape Conditions

 

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

 

95.     Landscaping at the site shall be installed substantially in accordance with the Landscape Plan and Plant Schedule + Images by Jane Irwin Landscape Architecture, drawings L01 & L02, issue C, dated 05.05.10; however, the following changes must be made on an amened plan, which is to be submitted to, and be approved by, the PCA, prior to the commencement of any site works:

a.     Additional notation showing soil and mulch details, irrigation details, edging, paving, fencing details, surface finishes, retaining wall details, and any other landscape elements in sufficient detail to fully describe the proposed landscape works;

 

b.     The ‘mixed shrub planting’ proposed between the sandstone gabion wall and eastern site boundary, along the length of the Judge Street frontage, must select species that will not encroach onto the pedestrian footpath and cause an obstruction or require regular maintenance or trimming;

 

c.     Clarification on exactly what species are to be planted where, including quantity, spacing, maintenance practices such as hedging or similar;

 

d.     All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm. Planter box details shall be submitted with the detailed landscape plans;

 

e.     In order to reduce the amount of storm-water generated by the site, as well as to recharge groundwater supplies, porous/permeable paving shall be used in all hard surfacing not over slab;

 

f.      To ensure satisfactory maintenance of the landscaped areas, an automatic drip irrigation system shall be installed throughout all planted areas. Details shall be provided showing that the system will be connected to the sites rainwater tanks, with back-up connection to the mains supply, in accordance with all current Sydney Water requirements;

 

g.     All detention tanks and below ground stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping.

 

96.     The landscaping shall be installed in accordance with the approved documentation, prior to the issue of a Final Occupation Certificate and shall be maintained in accordance with those plans.

 

Judge Street Verge

 

97.     Rather than re-turfing the sloping Judge Street verge, Council requires that low growing, low maintenance native species be provided in this area in order to soften the appearance of the proposed gabion walls and proposed building, and to generally improve and enhance presentation of the development to the public domain/streetscape.

 

98.     The applicant’s Landscape Architect will need to prepare a separate planting plan for this area showing the following:

·      Selection of either Lomanda ‘Tanika’ or ‘Katrinus’; or; Dianella ‘Little Jess’ or ‘Breeze’, either singularly or in an arrangement that is acceptable to Council, and may also incorporate native ground covers;

 

·      A planting rate of 9-Viro tubes or 6 x 140mm pots per square metre;

 

·      For line of sight reasons, all species within a distance of 1.5 metres from the vehicle crossing must be those that will not exceed 600mm in height at maturity;

 

·      Minor re-grading of this area will need to be performed in order to provide a smooth transition between the footpath level and back of kerb;

 

·      A total of four 25 litre/300mm (pot size at the time of planting) Banksia integrifolia (Coastal Banksia’s), spaced evenly along this frontage, comprising two each to the south and north of the vehicle crossing, installed a distance of 3.5 metres from the edge of the crossing, which are also to be staked and tied.

 

      This Planting Plan must be submitted to, and be approved by, Council’s Director of City Planning, in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979, prior to the Certifying Authority issuing a Construction Certificate for the development, with all costs associated with this work to be borne wholly by the applicant.

 

A refundable deposit in the form of cash, credit card or cheque for an amount of $2,000.00 shall be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and completion of this external landscape works.

 

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

 

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

 

Removal of Council’s Street Trees

 

99.     Approval is granted for the applicant to remove and dispose of (at their own cost) the row of small trees along the Judge Street verge, being the two Callistemon viminalis (Weeping Bottlebrush) to the south of the existing vehicle crossing, and then to its north, the Hibiscus species (Hibiscus), another Weeping Bottlebrush and a Tristaniopsis laurina (Watergum), and must satisfy themselves as to the location of all site services prior to the commencement of any works on public property.

 

Removal of trees within site

 

100.    No objections are raised to removing any existing vegetation within the site where necessary as part of the proposed works, as all were observed to be insignificant, and too small to be covered by the provisions of Council’s Tree Preservation Order (TPO), but is subject to full implementation of the approved landscape works both within the site and externally.

 

Pruning of neighbouring trees

 

101.    Permission is granted for the selective and minimal pruning of only those lower order branches in the upper canopy, and on the eastern aspects, of the two Banksia integrifolia (Coastal Banksia’s), which are located on the adjoining property to the west, 32 Milford Street, against the common boundary, only where they need to be pruned in order to avoid damage to the trees or conflict with scaffolding or similar during the course of works.

 

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

 

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

 

Protection of neighbouring trees

 

104.    In order to ensure retention of the two Banksia integrifolia (Coastal Banksia’s) located beyond the western site boundary, within the adjoining property at 32 Milford Street, against the common boundary in good health, the following measures are to be undertaken:

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

 

b.       In order to maintain the integrity of the soil profile as well as the on-going stability of these two trees, temporary shoring (to the satisfaction of the PCA) must be provided along the western boundary, extending for a distance of 2 metres to the north and south of both their trunks, for the time between when the existing common boundary wall/fence is demolished and the new wall is constructed.

 

c.       Any roots encountered during this process that need to be cut must be done so by hand, and the affected area backfilled with clean site soil as soon as practically possible.

 

Protection of public trees

 

105.    The applicant must also ensure retention of the three Banksia serrata (Saw Toothed Banksia’s) located in the pedestrian walkway, within a narrow garden bed, adjacent the northern site boundary in good health as part of this application, with no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble around their bases, with any roots that need to be cut for the proposed sandstone gabion wall to be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

 

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

 

ADVISORY MATTERS:

 

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

 

Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

The applicant/developer is advised to ensure that the development is not inconsistent with Council's consent and if necessary consult with Council’s Building Certification Services or your accredited certifier (as applicable) prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

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

 

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

 

3. 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

Development Application Report No. D44/10

 

 

 

 


Development Application Report No. D44/10

Attachment 1

 

 

 

Development Application Report No. D44/10

 

 

Subject:                  34 Milford Street, Randwick

Folder No:                   DA/964/2009

Author:                   Simon  Ip, Senior Environmental Planning Officer     

Proposal:                     Demolition of existing structures on site and construction of a part 3- and part 4-storey residential flat building consisting of 2 x 1-bedroom units and 2 x 3-bedroom units, car parking for 7 vehicles and associated landscape works. (SEPP 1 Objections for FSR and external wall height)

Ward:                      East Ward

Applicant:                J and D Mavrodontidis

Owner:                         J and D Mavrodontidis

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

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

 

The proposal was advertised and notified from 20 January to 3 February 2010 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of twenty-four (24) submissions were received at the conclusion of the public consultation process. The issues raised in the submissions are primarily related to development density, streetscape, building height, bulk and scale, view loss, solar access, visual and acoustic privacy, traffic congestion, land subsidence, stormwater management, construction related disturbances and reduction in property values.

 

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

 

The subject site is located within Zone No. 2B (Residential B Zone) under RLEP 1998. The proposed development will deliver a multi-unit flat building that is considered to be consistent with the zoning objectives.

 

The proposal has an FSR of 0.71:1, which exceeds the LEP development standard by 0.06:1. The proposed external wall height reaches up to 9.5m, and exceeds the LEP standard by 2.5m. Notwithstanding, the development scheme has incorporated suitable design measures to minimise the visual scale and bulk of the structures, and is suitable to the corner location of the site.

 

The Randwick Multi-Unit Housing DCP specifies detailed built form, setbacks and amenity controls for residential flat buildings across Randwick City. The building height, setbacks, landscaped open space provision, façade treatment, solar access and privacy protection measures of the development comply with the objectives and performance requirements of the DCP and are considered to be satisfactory. The proposal has also incorporated appropriate off-street parking facilities and satisfies the requirement of the Parking DCP.

 

The proposal is considered to have implications on the distant water views currently obtained from the neighbouring properties at Nos. 26 to 32 Milford Street. The applicant has installed height poles on the subject site and submitted detailed photomontage images and view sharing analyses. The potential view loss impacts on the aforementioned properties have been fully assessed. It is considered that the proposal is skilfully designed and will achieve satisfactory view sharing with the neighbouring properties.

 

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

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot B in DP 441827, No. 34 Milford Street, Randwick. The site is located at the north-western corner of the intersection between Milford and Judge Streets. The dimensions and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern, rear boundary

15.235m

 

Southern, Milford Street boundary

12.955m

 

South-eastern corner splay

3.285m

 

Eastern, Judge Street boundary

30.555m

 

Western, side boundary

33.005m

 

 

 

499.5m2

 

The site is elevated approximately 0.7m to 1.3m and 1.3m to 2.0m over the Milford Street and Judge Street footpaths respectively.

 

At present, the site is occupied by a single-storey detached dwelling of brick and tiled roof construction. The site is adjoined to the west by a single-storey detached dwelling (No. 32 Milford Street). A 3.66m wide public footpath adjoins the site on its northern boundary. To the east of the site on the opposite side of Judge Street are a part 1- and part 2-storey detached dwelling (No. 7 Judge Street) and a part 3- and part 4-storey residential flat building (No. 30 Clyde Street). To the south of the site on the opposite side of Milford Street is a detached dwelling (No. 4 Judge Street).

 

The locality is characterised by a mixture of detached and semi-detached dwelling houses, in-fill multi-unit residential buildings and educational establishment.

 

Figure 1 Milford Street elevation of the existing dwelling on the subject site

Figure 2 Judge Street elevation of the existing dwelling on the subject site

 

Figure 3 Existing public footpath located adjacent to the northern boundary of the subject site

 

 

3.      The Proposal

 

The proposed development includes the following components:

 

·      Demolition of all existing structures on site.

·      Site modification and earthworks.

·      Construction of a part 3- and part 4-storey residential flat building comprising 2 x 1-bedroom dwellings at ground level, 1 x 3-bedroom dwelling at first level, 1 x 3-bedroom dwelling at second level, and semi-basement car park for 7 vehicles.

·      General landscaping.

 

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

 

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

 

(i)     Floor space ratio

Pursuant to Clause 32(1) of RLEP 1998, the maximum floor space ratio (FSR) for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2B is 0.65:1 or 324.7m2 gross floor area (GFA). The proposal has an FSR of 0.71:1 or 356.5m2 GFA, and exceeds the development standard by 0.06:1 or 31.8m2. The proposal entails a variation to the standard by 9.8%.

 

The proposed variation is summarised in the table below:

 

Floor space ratio (FSR)

Gross floor area (GFA)

Proposed FSR / GFA

0.71:1

356.5m2

Permissible FSR /  GFA

0.65:1

324.7m2

FSR / GFA in excess of LEP standard

0.06:1

31.8m2

 

(ii)    Building heights

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

 

The proposal complies with the maximum building height requirement prescribed in Clause 33(1). However, the proposal does not comply with the maximum external wall height requirement under Clause 33(3).

 

The proposed variation is summarised in the table below:

 

External wall height

Proposed development

9.5m

Permissible height

7.5m

Building height in excess of LEP standard

2.5m

(which equates to 33.3% variation to the standard)

 

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

 

Matter 1

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

 

·      Comments:

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

 

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

 

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

 

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

 

The applicant has submitted written SEPP 1 Objections, which outline the following key justifications for the variations to the standard:

 

Floor space ratio

Page 3

The proposed built form has incorporated design measures to minimise perceived scale and bulk of the development. These include the provision of balconies, screens and a combination of materials and finishes to appropriately articulate the building facades, break down the proportions and create visual interest, in addition to the design of a flat roof. The floor areas of the proposed units are not excessive and will provide suitable amenity for future occupants in terms of natural lighting and cross ventilation.

 

Page 5

From a merit point of view, the proposal presents an appropriate visual transition between the dwelling houses on the western side of the site and the residential flat building to the east and improves the visual relationship to the street and surrounds. It is compliant with the overall height standard in the LEP, the landscaping and setback controls in the DCP which has ensured reasonable levels of amenity for surrounding residences. The proposal is consistent with other residential flat development in the surrounding area in terms of height, bulk and scale. As important, the proposal has been designed to enhance the streetscape appearance through the use of sympathetic proportions and high quality materials and finishes.

 

Accordingly, it is considered that strict compliance with the height control would unnecessarily and unreasonably restrict the evolution of the subject site in the circumstances of the case.

 

External wall height

Page 3

The proposed development has been setback from the eastern boundary and incorporates an extensive amount of landscaping, which will enhance the appearance of the development in the locality.

 

The proposal has been designed to minimise the impact on the adjoining and surrounding developments. The proposal is surrounded by a pathway to the north and roads to the east and south and the building is generally oriented in those directions. On the western elevation high level windows have been incorporated to maintain privacy to the adjoining dwelling to the west and only service rooms (kitchens and bathrooms) have been located along this side of the building to minimise any privacy issues. The shadow to be cast by the proposed development will primarily fall on the surrounding roads to the east and south and, to a limited extent (in the early morning) on the adjoining development to the west.

 

In our opinion, the imposition of the development standard would interfere with the proper management and proposed improvements on the subject site. The existing dwelling house is inefficient in design and does not utilise the site in a way that provides adequate amenity. The proposed development provides a residential flat building with improved streetscape appearance. It provides generous levels of private and shared open space, landscaping and visual separation and does not adversely impact the amenity of adjoining properties. As important, the proposed development provides a range of high quality contemporary residential accommodation available in the locality. In our opinion, the imposition of the development standard would inhibit the benefits that may result from the proposal.

 

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

 

-        The subject locality is characterised by a mixture of multi-unit, semi-detached and detached residential developments. The proposal will create a part 3- and part 4-storey residential flat building. The development scheme fully complies with the maximum building height standard stipulated in RLEP 1998. 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.

 

Despite the fact that there are single- and double-storey detached dwellings in the immediate surroundings, the current planning controls specified in RLEP 1998 allow for higher density developments. The proposal represents a reasonable attempt to realise the full development potential of the site.

 

-        The proposed built form has incorporated staggered wall planes, balconies, tubular screen members, window openings and a combination of compatible surface finishes, which will finely articulate the building facades and create visual interest. The design scheme adopts a flat roof, which will minimise the overall building height. The lift overrun is stepped in away from the street frontages and will not be readily visible from the public domain.

 

The above design measures will minimise the visual scale and bulk of the structures, despite non-compliance with the FSR and external wall height development standards. Overall, the architectural character and form of the proposal are considered to carry satisfactory design merits.

 

-        The proposal reserves 66.9% of the site as landscaped areas, and exceeds the minimum requirement stipulated in the LEP (being 50% of the site area) by 84.7m2. The site coverage is therefore less than what is envisaged in the LEP. The submitted landscape plans indicate the provision of screen planting along the side and rear boundaries of the site. The design scheme will deliver a suitable landscape ambience to the building and minimise adverse privacy impacts on the neighbours.

 

-        Due to the topography of the site, a podium containing car parking facilities will be constructed to provide a levelled platform for accommodating the flat building. The proposal will utilise gabion walling comprising galvanised mesh filled with rocks and rubbles from site excavation to enclose the semi-basement car park. The submitted drawings have clearly demonstrated that the above wall treatment will provide a natural appearance to the street frontages. Given that the building will be setback from the edge of the podium, the development will maintain a human scale to the footpaths and will not result in detrimental impacts on the visual quality and amenity of the public domain.

 

-        The proposed housing density is justified by the site’s proximity to the Randwick town centre, the hospital and UNSW precincts and public transport services along Avoca Street and Carrington Road. The proposal is considered to introduce a suitable amount of residential population to a locality, which is highly accessible to retail, commercial and community services and public transport.

 

-        As will be discussed in the following sections, the proposal does not result in any unreasonable adverse impacts on the adjoining residential properties in terms of overshadowing, privacy or view loss.

 

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 appropriately justified that the strict compliance with the development standards is unreasonable and unnecessary in the circumstances of the case. As such, it is considered that the 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.”

 

·      Comments:

The variations from the FSR and external wall height standards are not inconsistent with the aims of SEPP 1 as they would not detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

 

The proposal is also consistent with the relevant objectives of Residential 2B Zone in that it will allow multi-unit residential housing, which is consistent with the desired character of the locality.

 


Matter 3

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

 

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

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

 

·      Comments:

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standards in question is unreasonable and unnecessary as the design scheme will achieve the underlying purposes of the standards.

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

The underlying objective of the standards would not be defeated or thwarted as full numerical compliance in this particular instance is unreasonable. The proposed external wall height and FSR will not result in detrimental streetscape or amenity impacts on the locality. The resultant built form and scale are compatible with the surrounding residential premises and represent a suitable infill development.

 

Fourth

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

 

Comments:

The FSR and external wall height development standards have not been abandoned or discarded by any decision or actions of Council.

 

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

 

Fifth

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

 

Comments:

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

 

5.      Site History

 

5.1    Restrictive covenant

There was a restrictive covenant A376725 relating to the subject site, which was registered on 30 April 1918. Under the covenant, the following restrictions applied:

… no building shall be erected on the said land any part of which shall be within thirty feet of the building line of Milford Street.

 

The proposed semi-basement car park and front balconies would have resulted in a breach against the provisions of the above covenant.

 

Pursuant to Section 81J(d) of the Real Property Act, the Registrar-General may extinguish a restrictive covenant upon the making of an application by the property owner.

 

Following the lodgement of the subject development proposal with Council, an application had been made to the Registrar General to have the covenant set aside pursuant to Section 81J of the Real Property Act. The applicant has submitted copies of the Registration Notice from the Department of Lands dated 22 March 2010 and a title search dated 23 March 2010, which clearly indicate that there is no longer any covenant over the subject land.

 

5.2    Previous development consents relating to the site

There are no recent development approvals relating to the site.

5.3    Plan amendments

On 10 May 2010, the applicant submitted amended plans that include the following changes:

 

·      Reduction of the depth of the front balconies by 500mm.

·      Deletion of western blade walls to the front balconies.

·      Provision of privacy screens to the rear balconies.

·      Addition of skylight over the top floor living areas.

·      Addition of external blinds to eastern windows.

·      Reduction of the ridge height of the projecting kitchen and bathroom areas in the western section of the building by 400mm.

 

6.      Community Consultation

 

The subject application was advertised and notified from 20 January to 3 February 2010 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received at the conclusion of the public consultation process:

·      22 Clyde Street, Randwick

·      24 Clyde Street, Randwick

·      1 Coogee Street, Randwick

·      3 Judge Street, Randwick

·      4 Judge Street, Randwick

·      6 Judge Street, Randwick

·      7 Judge Street, Randwick

·      1/7B Judge Street, Randwick

·      2/7B Judge Street, Randwick

·      6/7B Judge Street, Randwick (3/28A Darling Point Road, Darling Point)

·      12/7B Judge Street, Randwick

·      20 Milford Street, Randwick

·      24 Milford Street, Randwick

·      26 Milford Street, Randwick

·      28 Milford Street, Randwick (PO Box 182 Randwick NSW 2031)

·      30 Milford Street, Randwick

·      32 Milford Street, Randwick

·      20 Pitt Street, Randwick

·      31 Pitt Street, Randwick

·      33 Pitt Street, Randwick

·      Jamieson Foley Consulting Forensic Engineers on behalf of the Milford / Judge Streets Residents’ Action Committee

·      Design Collaborative Pty. Ltd. on behalf of 32 Milford Street, Randwick

·      Randwick Precinct Committee

·      1 x anonymous submission

 

The issues raised in the submissions are addressed as follows:

Issues

Comments

The proposed floor space ratio and building height do not comply with Council’s planning controls and will result in an excessive visual bulk and scale.

 

The submitted SEPP 1 Objections are not well founded and the development application should be refused on this basis.

The proposed floor space ratio and building height are considered to be satisfactory and will not result in detrimental impacts on the streetscape.

 

The submitted SEPP 1 Objections are considered to be well founded. Refer to the “SEPP 1” section of this report for details.

The development proposal has included minimal provision for deep soil landscaped areas.

The proposed landscaped open space provision exceeds the minimum requirements stated in the LEP. The design scheme has incorporated adequate deep soil planting areas and will deliver a suitable landscape ambience to the building.

The design scheme is not compatible with the character of the streetscape and the surrounding residential developments.

The subject locality is not listed as a heritage conservation area under RLEP 1998. The surrounding context is characterised by a mixture of detached, semi-detached and multi-unit residential buildings.

 

The proposed development is suitably designed and articulated and will not result in detrimental impacts on the existing streetscape character. Refer to the “SEPP 1” section of this report for details.

The proposal has not provided sufficient setbacks from the property boundaries.

The proposal has reserved adequate setbacks from the street frontages and side and rear boundaries. Refer to the “DCP” section of this report for details.

There is an existing covenant A376725 relating to the subject site that restricts any part of a building from being erected within 30 feet of the Milford Street boundary. The proposed basement car park and front balconies are in breach of this covenant.

The existing restrictive covenant A376725 has been extinguished and set aside by the Registrar-General pursuant to Section 81J of the Real Property Act. Accordingly, the above covenant is no longer applicable to the site.

The proposed development will obstruct scenic views currently available to Nos. 26 to 32 Milford Street.

 

The amount of floor space, positioning of the building and site landscaping contribute to the view loss and a more skilful design could reduce the impact.

 

A possible alternate scheme would be to construct 3 x side by side townhouses in lieu of a four-storey flat building.

The proposed development is not considered to result in unreasonable view loss impacts on the adjoining and nearby residential dwellings. A detailed assessment is provided in the “DCP” section of this report.

 

The amount of floor space, height, scale, layout and detailing of the development are considered to be satisfactory having regard to the relevant provisions of RLEP 1998 and DCP – Multi-Unit Housing. The design scheme is skilful and appropriate to the site and its context. Consequently, it is not considered reasonable to require substantial changes to the scope and form of the proposal as suggested by the neighbouring property owners.

The proposal will adversely impact on the visual amenity of the surrounding dwellings. 

It is acknowledged that the proposed building would be visible from the living room windows of a number of residential premises in the locality. However, as will be discussed in detail in this report, the development will fully comply with the solar access and view sharing performance requirements of the DCP – Multi Unit Housing. The proposed design is also considered to be satisfactory and will not result in detrimental impacts on the streetscape character. The fact that the building would become part of the skyline in the locality should not be construed as a negative visual impact.

The proposed development, in particular the rear balconies and side windows, will result in adverse privacy impacts on the adjoining and nearby dwellings.

The proposed development has incorporated appropriate design measures to minimise overlooking into the adjoining and nearby dwellings. Refer to the “DCP” section of this report for details.

The proposed development will result in unreasonable overshadowing of the living rooms and private open space of the adjoining and nearby properties.

The proposal will comply with the solar access performance requirements stated in the DCP – Multi Unit Housing. Refer to the “DCP” section of this report for details.

The development will result in significant noise impacts on the adjoining and nearby properties due to the number of proposed dwelling units, the provision of rear balconies and the location of the principal building entry near the common boundary.

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

The proposed development will increase pedestrian traffic along the laneway to the north of the site and result in safety and security impacts.

The principal pedestrian entry to the building is accessible off Milford Street. The proposal is likely to result in a slight increase in the use of the public footpath to the north of the site. However, the increased usage of this public walkway is considered to improve its safety and security. 

The building will adversely impact on the amenity of the surrounding footpaths by reducing sunlight and casual surveillance.

The proposed development is considered to improve casual surveillance of the surrounding footpaths and walkways.

 

The proposed flat building will cast additional shadows on the footpaths of Milford and Judge Streets. However, the anticipated shadows are not considered to unreasonably affect the functionality and amenity of the footpaths.

The development will adversely affect the receipt of signals by existing TV antennae due to the height of the building.

There is no evidence to support the claim that the proposed building will interfere with TV station signals.

The proposal will adversely impact on the wildlife habitat in the locality.

The subject site is not identified as being a critical wildlife habitat or having endangered flora or fauna species.

The site should be converted to a public reserve for the enjoyment of the local residents.

The site is a private property and is not zoned for open space purposes.

The existing Sydney Water ventilation pipe on the Judge Street footpath immediately outside of the site should be relocated and incorporated as part of the development.

It is not considered appropriate to impose a special condition that impacts on the property of Sydney Water without their prior approval. However, a standard condition is recommended to ensure the development satisfies the requirements of the Sydney Water Corporation.

The proposal will generate additional vehicular traffic in the surrounding local streets and reduce kerb-side parking supply. The development would have adverse impacts on the safety of the local roads.

Council’s Development Engineer has reviewed the proposal and raised no objections on traffic grounds. The development also fully complies with the parking requirements of DCP – Parking.

 

The development should provide at least 2 car spaces per dwelling plus 2 visitor bays (being 10 on-site spaces in total) to minimise congestion in the surrounding streets.

The development proposal fully satisfies the parking requirements of DCP – Parking. The site is located within walking distance from public bus services on Avoca Street. It is not considered necessary to require the provision of additional parking spaces in this instance.

The development will obstruct vehicular traffic in Judge Street during the construction phase.

A standard condition is recommended to require the preparation of a traffic management plan prior to the commencement of works, to minimise adverse impacts on the surrounding road network.

Where the development application is approved, Council should undertake a road safety audit of the subject precinct with a view to providing more formalised traffic controls.

This matter is outside the scope of the subject development application.

A dilapidation report should be prepared to monitor any damage to the adjoining properties as a result of the construction works.

A standard condition is recommended to require the preparation of a dilapidation report in respect to the adjoining dwelling at No. 32 Milford Street. Given that the site is bounded by a public walkway to the north and roads to the east and south, it is not considered that dilapidation reporting for other properties is necessary in this instance. 

The submitted geotechnical report has not provided conclusive information about the potential impacts on soil stability in the surrounding areas.

Council’s Development Engineer has assessed the proposal and raised no objections on engineering or safety grounds. Specific conditions are recommended to ensure adequate soil retention measures are implemented during works on the site.

The application has not included detailed information relating to the proposed construction method.

Detailed construction drawings and works execution methodology are not required for planning assessment at the development application stage.

The proposed building will adversely affect stormwater flow in the locality.

Council’s Development Engineer has assessed the proposal and raised no objections on stormwater management grounds, subject the recommended conditions.

The proposed earthworks will destabilise the sub soil and rock stratum in the area and adversely impact on the structural integrity of the surrounding properties.

Council’s Development Engineer has assessed the proposal and raised no objections on engineering or safety grounds. Specific conditions are recommended to ensure adequate soil retention measures are implemented during works on the site.

The development will result in changes to overland flow, flooding, soil erosion and ground settlement during the construction phase.

Council’s Development Engineer has assessed the proposal and raised no objections on engineering or safety grounds, subject to the recommended engineering conditions.

The development will generate noise, vibration, dust, polluted runoff and other disturbance during the construction phase.

Standard construction management conditions are recommended to minimise adverse amenity impacts on the surrounding residences.

The approval of the proposal will establish an undesirable planning precedent for similarly scaled developments in the locality.

Each development application is considered having regard to its merits and the provisions of relevant planning controls. The approval of the subject development is not considered to establish a precedent that affects future decision making. 

The proposed development will decrease property prices of the surrounding dwellings.

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

The submitted documentation is misleading and contains multiple errors. There are drafting errors relating to the footpath levels shown on the elevation drawings. The shadow diagrams fail to describe the anticipated impacts on the properties on Judge Street.

The submitted architectural drawings and shadow diagrams have been checked and are not considered to contain any material errors or deceptive information.

 

The shadow diagrams have clearly described the potential impacts on the relevant properties.

The submitted photomontages are not accurate in that they do not accurately reflect the extent of view loss and overshadowing, and the existing light conditions of the rooms within No. 32 Milford Street.

The submitted photomontages are prepared based on actual height poles erected on the subject site and are not considered to be inaccurate.

 

 

The height poles have not been correctly installed on the subject site and hence cannot accurately describe the anticipated impacts.

The applicant has submitted a statement from the consultant surveyor, which indicates that the height poles have been installed correctly and reasonably reflect the proposed building height.

 

As noted by the architect, the poles had some minor deflection due to wind condition. Nevertheless, the degree of deflection is minor in nature and will not materially affect the subsequent view loss and photomontage analysis.

The development scheme does not comply with the applicable State and Local planning controls.

The proposal is considered to satisfy the objectives and performance requirements of relevant State and Local planning controls.

 


7.      Technical Officers Comments

 

7.1    Development Engineer and Landscape Development Officer

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

 

Landscape Comments

The site inspection revealed an absence of any significant vegetation within the site; however, there are several trees and shrubs located on adjoining private and public property that may be affected by this application, as discussed below.

 

They comprise firstly, two closely planted 6-8 metre tall Banksia integrifolia (Coastal Banksia’s) on higher ground within the adjoining property to the west, 32 Milford Street, against the common boundary, about halfway the length of these sites, whose eastern aspects already overhang the roof of the subject dwelling within no.34.

 

Both Council and the applicant have a common law responsibility to ensure that neither tree is damaged in anyway as part of this development due to their location on a neighbouring property.

 

An existing brick retaining wall supports the difference in level between the two properties, the subject site being lower, with the plans showing that the western wall of the basement level will be setback a distance of 1.4m off the boundary, with a landscaped garden at ground level to be provided adjacent both trees.

 

While this would not directly affect either tree due to the differences in level and existing structures described above, it is likely that this wall will become unstable during excavations for the basement, with the ground floor plan indicating that a new wall will be constructed along the length of this boundary.

 

Therefore, the only threat to their preservation is seen to be de-stabilisation in the time between when the existing wall is demolished and the new wall is constructed, with conditions requiring that temporary shoring be provided in order to prevent failure of the soil profile and trees.

 

Despite it appearing that conflict between these two trees and the western elevation of the building will not occur due to the 2.9 metre setback, clearances may be required during the course of construction for scaffolding or similar, and as the amount of pruning required would only be minimal, the relevant permission has been provided.

 

Council’s Judge Street verge is currently in a poor condition due to its slope down to the east, where it meets the roadway, with a row of small trees planted along its length, being from south to north, two small Callistemon viminalis (Weeping Bottlebrush) of around 2-3 metres in height to the south of the existing crossing, and then to its north, a Hibiscus, another Bottlebrush and a Tristaniopsis laurina (Watergum), near the steps which must be a replacement for a larger tree that was recently removed as evidenced by the remaining stump.

 

The plans show that the masonry wall which exists around the perimeter of the site, along the length of both frontages, will be replaced with sandstone filled gabions, and in order to soften the appearance and dominance of this wall over the Judge Street frontage, it has been setback 1.5m within the site in order to allow planting to be provided in front.

To further soften the appearance of both the wall and building on those properties to the east, on lower ground, being 7 Judge Street and 30 Clyde Street, the applicant has proposed that the existing small Bottlebrush’s be replaced with an avenue of taller growing Coastal Banksia’s. 

 

Both initiatives are supported by Council, with conditions allowing the applicant to remove the existing small trees along Judge Street as part of the works, and rather than re-instating turf along this frontage, which may result in a poorly maintained verge again due to its slope, low growing native species shall be provided in this area.

 

There is a narrow garden bed along the edge of the public walkway that adjoins the northern site boundary, and contains three semi-mature Banksia serrata (Saw Toothed Banksia’s) of around 4-5 metres in height.

 

While not significant in anyway, they have been provided for the purpose of beautification, and are technically covered by the TPO due their location on public property.

 

The existing retaining wall/fence along the length of this frontage will also be replaced with a gabion wall, with the plans showing their location and the fact that they will be retained, with conditions relating to their protection during the course of both processes having been included in this report.

 

Drainage Comments

On site stormwater detention is required for this development.

 

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

 

Parking provision

The proposal is for 2 x 1 bedroom units and 2 x 3 bedroom units with the resultant parking requirement being as follows:

 

2 x 1 bedroom    =      2 x 1 spaces              = 2 spaces

2 x 3 bedroom    =      2 x 1.5 spaces           = 3 spaces

Visitor Parking    =      4 x 0.25 spaces         = 1 space

 

Total required is 6 spaces and 7 spaces are proposed.

 

A Traffic Impact Report by Jamieson Foley dated 15/2/10 has been submitted which suggested “ …. that based on projected car ownership rates for the particular development ten spaces be supplied rather than the presently supplied seven off-street spaces.”

 

Development Engineering considers that as the applicant already proposes more off-street parking than required in Council’s DCP – Parking, requesting additional off-street parking as recommended by Jamison Foley although would be appreciated cannot be supported as the applicant has met Council’s requirements.

 

Service Authority Comments

At the Health, Building and Planning Committee meeting on 8 November 2005, it was resolved on the motion of Councillors Nash and Belelli that:

 

(a) the applicants of development applications be required to meet all costs associated with replacing overhead wires with underground cables in the vicinity of the development site when the cost of works on the site exceeds $2 million;

 

(b)  the applicants of development applications be required to meet all costs associated with replacing overhead wires with Aerial Bundled Cables in the vicinity of the development site, when the cost of works on the site exceeds $1 million up to $2 million; and

 

(c)  the Director, City Planning investigate the feasibility of funding the undergrounding of existing overhead cables for new development under the new options provided for in the Environmental Planning & Assessment Act (Developer Contributions) Act 2005.

 

Given that the proposed works will be in excess of $2 million the applicant will be required to meet all costs associated with replacing the overhead wires with underground cables in the vicinity of the development site.

 

An inspection of the site revealed that there is overhead powerlines which run adjacent to the northern rear boundary along the Council passageway over and across Judge Street to its eastern side. Consequently, the applicant will need to underground all electricity and telecommunication cables/wires that service the development site as well as those that cross the Judge Street carriageway from the power poles located in the Council passageway at the rear of the site. These cables are to be located underground to the satisfaction of the relevant service utility authority

 

7.2    Building Surveyor

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

 

BCA Building Classification

Class - 2 (Residential Units)

Class - 7a (Car park)

 

Background

The existing building on site is a post war brick cottage bounded by buildings of a similar nature.

 

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.

 

Noise:

There is potential for the generation of noise from the proposed development due to the installation of plant and equipment, such as any mechanical exhaust system serving the basement car park and lift motor. Conditions should be imposed on the consent to address potential noise emissions from the development.

 

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.

 

Access for people with a disability:

Although access and facilities for people with disabilities is not required under the Building Code of Australia, wherever practicable the entrance to a multi unit housing development should aim to facilitate some degree of accessibility to the building. In this regard there is a lft poroposed from the basement carpark to all units.

 

8.      Master Planning Requirements

 

The subject site has a land area of only 499.5m2 and a master plan is not required.

 

9.      Relevant Environmental Planning Instruments

 

9.1    Randwick Local Environmental Plan (RLEP) 1998

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

 

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

 

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

Clause

Requirement

Proposal

Compliance

21 Subdivision

Subdivision permissible with development consent

The proposal does not include Strata subdivision.

Not applicable

31 Landscaped area

(2) Minimum 50% of site area (or 249.8m2)

66.9% (334.5m2)

Complies

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

50% of required landscaped areas are provided on deep soil (167.3m2)

Complies

32 Floor space ratio

(1) Maximum 0.65:1 (or 324.7m2 GFA)

0.71:1 (356.5m2 GFA)

Does not comply, SEPP 1 Objection submitted

33 Building heights

(1) Maximum building height 9.5m

Maximum 9.5m

Complies

(3) Maximum external wall height 7m

Maximum 9.5m (western elevation)

Does not comply, SEPP 1 Objection submitted

40 Excavation and filling of land

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

The proposal requires significant excavation to accommodate a semi-basement car park.

 

Council’s Development Engineer has assessed the application and raised no objections on engineering or safety grounds.

 

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

 

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

Complies, subject to conditions

 

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

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

 

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

SEPP No. 65 applies to the subject proposal and the application was referred to the Design Review Panel (DRP) for comments. The Design Quality Principles prescribed in the above SEPP and the comments provided by the Panel are addressed as follows:

 

Principle 1 Context

DRP comments:

 

Relationship to the Context of the Proposal 

A comprehensive urban analysis has been provided.

 

The site is on the corner of Milford and Judge Streets overlooking the Coogee basin and is within close proximity to Randwick’s main shopping centre. The area is well serviced with public facilities, open space and transport. 

 

The context is diverse but predominantly apartment buildings varying from 2 to 8 storeys and large houses. The applicant notes that “the proposal forms a transition between the predominant scales found in the vicinity and mediates the scale of the apartment building immediately to the east.”

 

The principal building alignment to Milford Street is consistent with generous garden setbacks of the neighbours. On the north boundary of the site there is a public walkway and to Judge Street to the east there is a large setback due to an existing covenant.

 


Comments:

At present, the locality is characterised by a mixture of detached, semi-detached and multi-unit residential developments varying from single to three or more storeys in height. The proposal has a height and scale, which are compatible with the existing residential flat developments in the surrounding built environment, and do not detract form the prevailing character of the locality.

 

Principle 2 Scale

DRP comments:

 

The Scale of the Proposal

The existing house is to be demolished and the new building will have a smaller footprint. The proposed development has scale and proportion that is comparable and appropriate to some of the larger houses and small apartment buildings in the vicinity.

 

The Location Analysis provided by the Applicant shows that due to the extremely steep topography many of the surrounding buildings in the area, including houses, have a very prominent east elevation. Sandstone retaining walls and excavated face stone are common in the area and commonly serve as building platform plinths. The proposal successfully uses this reference for the enclosure of the car parking.

 

Comments:

The proposed building is considered to be of an adequate scale given the varying heights of existing buildings along Milford and Judge Streets, and is suitable to the corner location of the site. The facades of the building have incorporated appropriate modulations and contemporary design elements, which will reduce the visual bulk and scale of the structures as viewed from the public and private domain. 

 

Principle 3 Built form

DRP comments:

 

The Built Form of the Proposal

The built form has been placed on the site to generally conform to the setback controls. The proposed building pulls back from the Milford Street neighbour creating an improved northern aspect and views for that neighbour.

 

The base of the building is expressed as a gabion wall to be filled with stone from the site. It is built to the street alignment which is a common condition to the street however the 300 thick gabion wall will be more open allowing light and ventilation to enter the car park area. The Panel considers that this is a very good solution and, with the proposed landscaping, will be a positive addition to the streetscape.

 

The Panel considers that the proposed building is well mannered and proportioned however a small reduction to the height of the west projecting kitchen and bathroom roofs could be achieved.

 

Comments:

The revised drawings have reduced the ridge height of the projecting kitchen and bathroom areas on the western elevation by approximately 400mm.

 

The proposed built form has incorporated staggered wall planes, balconies, screening devices and a combination of surface finishes, which will appropriately articulate the building facades and create visual interest. The podium structures are enclosed by gabion walls, which will enable natural lighting and ventilation of the parking facility and provide a high quality presentation to the street, without resulting in adverse visual impacts.

 

Principle 4 Density

DRP comments:

 

The Proposed Density

The proposed density is considered appropriate as the bulk and scale of the building create no negative impacts. The new apartments have the potential for high amenity and the project adds variety to the area’s housing stock.

 

Comments:

The proposed housing density is justified by the site’s proximity to major activity nodes, including the Randwick town centre, Prince of Wales Hospital and the University of New South Wales campus, as well as public transport services along Avoca Street and Carrington Road. The proposal is considered to introduce a suitable amount of residential population to a locality, which is highly accessible to retail, commercial, community and public transport services.

 

Principle 5 Resource, energy and water efficiency

DRP comments:

 

Resource and Energy Use and Water Efficiency

The proposal has the potential to have high environmental performance due to access to natural light and ventilation, good orientation and appropriate shading.

 

The Panel recommends a reduction in the amount of fixed glass to the east by adding some operable segments and the addition of a clerestory skylight to the dining area of the top floor apartment in order to capture winter sunlight.

 

Apartment 3 living room could benefit from a window beside the sliding door so that ventilation can be achieved without compromising security.

 

Comments:

·      The revised drawings have included external blinds over the east-facing living room windows for Apartments 3 and 4 to minimise heat intake.

 

·      A skylight has been added over the living areas of the top floor Apartment 4 to improve natural lighting.

 

·      The horizontal sash windows to the kitchen as well as the south-facing casement windows to the living areas of Apartments 3 and 4 are operable and will allow cross-ventilation.

 

·      Each dwelling unit is provided with generous window openings to maximise natural lighting and ventilation.

 

Principle 6 Landscape

DRP comments:

 

The Proposed Landscape

The proposal creates good landscape opportunities (exceeding the landscape and deep soil controls) and the landscape design is well considered. Garden apartments have private gardens on title and communal gardens occupy the ground level which is elevated above Milford and Judge Streets.


Consideration could be given to more screen planting along the west boundary, particularly to the northern portion of the site.

 

Comments:

The revised drawings have included additional screen planting adjacent to the western boundary to improve privacy protection for the neighbouring dwelling at No. 32 Milford Street.

 

The design scheme has reserved adequate deep soil planting areas along the front, rear and side common boundaries of the site. The development will provide a suitable landscape setting that softens the building structures on site and contributes to the amenity of the neighbours and the street.

 

Principle 7 Amenity

DRP comments:

 

The Amenity of the Proposal for its Users

Privacy, views, orientation, internal planning arrangements and opportunities for cross ventilation and natural light have been well resolved and the proposal has the potential to deliver high quality living spaces and good neighbourhood built form relationships.  

 

The entry/laundry area could be increased in the northern garden apartment.

 

Comments:

·      The main entry to Apartment 2 on the ground floor level has been widened as per the DRP recommendation.

 

·      Each dwelling has direct access to a private balcony or terrace from the main living areas.

 

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

 

·      Each of the proposed units will receive direct sunlight for at least the morning periods throughout the year.

 

Principle 8 Safety and security

DRP comments:

 

The Safety and Security Characteristics of the Proposal

Satisfactory.

 

Comments:

The proposed balconies and windows will provide suitable casual surveillance to Milford and Judge Streets as well as the public footpath to the north of the site.

 

Principle 9 Social dimensions

DRP comments:

 

Social issues

The local area has high amenity and access to public transport, parks, shopping, work opportunities, education and health facilities therefore it is appropriate that a reasonable density is achieved for this site.

 


Comments:

The proposed dwelling mix has included both one-bedroom and three-bedroom units, which can cater for different household types and needs.

 

Principle 10 Aesthetics

DRP comments:

 

The Aesthetics of the Proposal

The current proposal is of good design.

Screening elements need detail development and the Applicant should submit large scale wall sections to fully describe the design intent.

 

Comments:

Satisfactory.

 

A further submission from 32 Milford Street was received on 5 July 2010. The submission has raised issues relating to the comments made by the Design Review Panel. The concerns of the submission are addressed as follows:

Issues

Comments

The DRP has not undertaken an accurate site analysis in that the locality is dominated by medium sized Californian bungalows, and is not “predominantly apartment buildings varying from 2 to 8 storeys”. The information contained in the site analysis is misleading.

 

The DRP’s site analysis has not made reference to the local heritage items in Milford Street, and how they contribute to the character of the locality.

Council’s assessment officer has reviewed the development application and supporting drawings and documents, and has undertaken inspections of the subject site, neighbouring properties and the surrounding areas.

 

It is noted that the locality is characterised by a mixture of detached, semi-detached and multi-unit residential developments varying from single to three or more storeys in height. There is a number of local heritage items (listed under RLEP 1998) in the western section of Milford Street. They are located over 95m from the subject site.

 

The assessment officer has carried out an independent assessment of the proposed development having regard to the submitted information, the relevant planning controls, the DRP comments, Council’s internal engineering referral comments, information collected during site inspections and the merits of the proposal.

 

The DRP is not an approval body and the comments provided are advisory in nature.

The setback to the proposed front balconies does not respect the streetscape pattern and will result in detrimental amenity impacts on 32 Milford Street.

The proposed front setback to the development is considered by the assessment officer to be satisfactory. Refer to the “DCP” section of this report for details.

The DRP should have regard to the potential impacts of the external wall heights on the views, privacy and solar access of 32 Milford Street when undertaking their site analysis.

 

 

 

 

It is considered that the proposed external wall height is satisfactory and will not result in unreasonable impacts on the streetscape or the amenity of the surrounding properties. The details of the assessment are provided under the “SEPP 1” and “DCP” sections of this report.

 

The DRP is not an approval body and the comments provided are advisory in nature.

The DRP should have informed the owners of 32 Milford Street about the outcome of their assessment.

Council’s DCP – Public Notification of Development Proposals and Council Plans does not stipulate public notification of the outcome of the DRP assessment.

 

However, a copy of the DRP comments is placed on the development application file and will be available for public inspection via a formal Access to Information Application.

The DRP comments have not addressed the proposal’s non-compliance with the Council’s wall height, FSR and setback controls, and how these breaches impact on the amenity of 32 Milford Street.

The proposal contains a number of departures from the numerical controls stated in the LEP and DCP. However, the height, scale, floor space and setbacks of the proposed residential flat building are considered to be satisfactory. The development will not result in unreasonable impacts on the amenity of 32 Milford Street. Refer to the “SEPP 1” and “DCP” sections of this report for details.

The proposed rear balconies will overlook the courtyard of 32 Milford Street.

The revised design scheme has incorporated screening devices in the rear balconies to minimise privacy impacts on the neighbours. Additionally, the landscape plan shows the provision of adequate planting to enhance screening and privacy protection.

The proposed rear setback will adversely impact on the privacy of 31 and 33 Pitt Street as well as the views from 28 Milford Street.

The proposed rear setback is not considered to result in detrimental privacy impacts on 31 and 33 Pitt Street, given the significant separation distance between the site and the abovementioned properties, as well as the proposed privacy screens attached to the rear balconies.

 

The proposed design is considered to have achieved suitable view sharing with the neighbouring properties. Refer to the “DCP” section of this report for details.

The design revision to the proposal, including reduction in the height of the roof over the kitchen and bathroom areas, has not been notified to the surrounding residents.

At Council’s request, the applicant has submitted amended plans that include various design revision to the proposal, including reduction in roof height above the western kitchen and bathroom areas, deletion of the western blade wall of the front balconies, increased setback to the front balconies and other minor changes.

 

The revised proposal has not been re-notified as the changes will improve the amenity of the neighbouring properties.

The DRP has not considered the community objections to the proposal.

The submissions received have been considered and addressed by the assessment officer. Refer to the “Community Consultation” section of this report for details.

 

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

SEPP: BASIX applies to the proposed development. The development application is accompanied by BASIX Certificate numbered 285677M. The commitments listed on the BASIX Certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

10.    Policy Controls

 

10.1  Randwick Development Control Plan (RDCP) Multi Unit Housing

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

A detailed site analysis has been submitted with the development application.

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

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

The subject site is generally rectangular in configuration and is located at the corner of Milford and Judge Streets. The allotment has frontage widths of 12.955m and 30.555m to Milford and Judge Streets respectively. Satisfactory. 

P3 Development on corner sites responds to both street frontages.

 

The proposed building is suitably articulated and addresses both street frontages.

Height

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

 

 

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

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

 

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

Building Setbacks P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

 

Front wall: 10.1m

Front balcony: 7.6m

 

The front setback of the adjoining properties on the northern side of Milford Street are as follows:

No. 32: 9.0m (survey plan)

No. 30: 7.65m (survey plan)

No. 28: approx. 4.6m (Council’s GIS)

No. 26: approx. 4.5m (Council’s GIS)

 

The existing dwelling on site is setback approximately 9.2m to 9.6m from the boundary. The proposal has increased the setback between the building front walls and the Milford Street alignment as compared to the existing dwelling on site.

 

It is noted that the front balconies will protrude forward of the front wall alignment of No. 32 Milford Street by approximately 0.4m to 2.4m (refer to drawing number dwg 3.1). Notwithstanding, the balconies are partially open and will not adversely accentuate the perceived visual bulk. The side elevations of the balconies do not incorporate any privacy screens, with the exception of balustrades, to maintain a sense of openness and minimise obstruction of sightlines and views from No. 32 Milford Street.

 

Given the corner location of the site, the configuration and siting of the building will appropriately address both street frontages and are considered to be satisfactory from an urban design perspective.

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.

 

Eastern boundary

Building: 1.5m to 1.8m

Car park: 0m

 

The eastern boundary setback does not meet the preferred solution.

 

However, it should be noted that the site is a corner allotment with dual frontages to Milford and Judge Streets. The development provides a suitable architectural response to the corner location and appropriately addresses both frontages.

 

Due to the topography of the site, a podium containing car parking facilities will be constructed to provide a levelled platform for accommodating the flat building. The podium will be built up to the Judge Street boundary.

 

The proposal will utilise gabion walling comprising galvanised mesh filled with rocks and rubbles from site excavation to enclose the semi-basement car park. The submitted drawings have clearly demonstrated that the above wall treatment will provide a natural appearance to the street frontages.

 

Given that the building will be setback a minimum of 1.5m from the edge of the podium, the development will maintain a human scale to the footpaths and will not result in detrimental impacts on the visual quality and amenity of the public domain.

 

Therefore, the proposed eastern setback is considered to be satisfactory.

 

Western boundary

3.1m to 4m

The western boundary setback meets the preferred solution.

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.

 

Balcony: 3.3m

Wall: 4.6m

 

The proposal does not meet the preferred solution.

 

The northern boundary of the site adjoins a 3.66m wide public walkway. The building separation between the subject development and the nearby properties at No. 31-33 Pitt Street will be effectively increased by this walkway.

 

The proposed rear facing balconies are attached to bedrooms, which are low intensity use areas within the dwellings. Privacy screens will also be installed to minimise direct overlooking.

 

In addition, the landscape plans show the planting of (from west to east) an olive tree (mature height 9m/spread 3.5m), a lemon tree (4m/3m) and a cheese tree (8m/6m). The above canopy trees will further enhance the privacy of the courtyard areas of No. 31-33 Pitt Street.

 

Therefore, the proposal is considered satisfactory in this regard.

P4  General

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

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

Satisfactory.

Density

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

 

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

Fences

P1  Fences to be/have:       

§ consistent with streetscape;

§ Entrances highlighted; and

§ Planting used to soften and provide privacy.

 

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

 

 

The proposed fencing to be installed above the edge of the car parking podium has a height of approximately 1m and is approximately 50% transparent. Satisfactory.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1 Minimum for landscaped area 2 metres.

Satisfactory.

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

 

Communal gardens are provided along all four property boundaries of the site. Communal open space and clothes drying area are provided adjacent to the western side boundary. Satisfactory.

P3  Private Open Space

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

 

Satisfactory.

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

 

The private open space (in the form of terraces and balconies) of the southern apartments is located to the front of the building. However, adequate planting and privacy screens have been incorporated in the design to improve the living amenity.

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 western elevation of the building contains kitchen, toilet and bathroom windows and a semi-open stairwell.

 

Windows

The revised drawings propose the use of obscured glazing for the bathroom windows. The lower sash of the toilet windows will be constructed with obscured glazing.

 

The amended plans also show the use of obscured glazing for the operable sashes of the kitchen windows.

 

The above measures are considered to have minimised direct overlooking into the adjoining dwelling at No. 32 Milford Street.

 

Stairwell

The proposed stairwell is setback 4m from the common boundary. It is also semi enclosed by full height tubular privacy screens. The landscape plan also shows the planting of a row of canopy trees adjacent to the rear courtyard of No. 32 Milford Street, which will reach up to 8m to 15m in height at maturity.

 

The above design measures will minimise direct and oblique overlooking into the adjoining dwelling at No. 32 Milford Street.

P2 Private open space design and location ensure privacy.

 

The proposed rear facing balconies are attached to bedrooms, which are low intensity use areas within the dwellings. Privacy screens will also be installed to minimise direct overlooking.

 

In addition, the landscape plans show the planting of (from west to east) an olive tree (mature height 9m/spread 3.5m), a lemon tree (4m/3m) and a cheese tree (8m/6m). The above canopy trees will further enhance the privacy of the courtyard areas of No. 31-33 Pitt Street.

 

Therefore, the proposal is considered satisfactory in this regard.

P3  Acoustic Privacy

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

 

The primary living room windows are oriented away from the adjoining dwelling at No. 32 Milford Street. Only kitchen and toilet windows are provided on the western elevation.

 

Although the stairwell and lift lobby are accommodated in the western elevation, the building contains only 4 dwellings and will not generate excessive pedestrian traffic. It should be noted that the ground floor level of the development is at least 1m below the side walk level of No. 32 Milford Street. Furthermore, screen planting will be provided along the western boundary of the site.

 

The principal private open space (living room balconies and terraces) of the development is oriented towards the public domain and is not located immediately adjacent to the adjoining dwelling.

 

Therefore, the proposal is considered to have minimised noise impacts on the neighbours and is satisfactory in this regard.

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

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

View Sharing

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

 

Refer to discussions below.

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

 

P3 Buildings are aligned to maximise view corridors between buildings.

 

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

Refer to comments below.

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

 

The northern roof pane of the adjoining dwelling at No. 32 Milford Street will receive more than 3 hours of direct sunlight on the winter solstice.

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.

 

No. 32 Milford Street

The principal living room windows of No. 32 Milford Street are oriented to the north and will not be impacted by the proposal. The shadow diagrams provided by the applicant have been checked and demonstrate that the existing east-facing lounge window will not be impacted at 9am on the winter solstice.

No. 7 Judge Street

There will be no shadow impacts on No. 7 Judge Street on the winter solstice.

No. 30 Clyde Street

There will be minimal shadow impacts on the western façade of No. 30 Clyde Street at 3pm on the winter solstice.

The proposal will comply with the DCP performance requirement.

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.

 

The rear private open space and swimming pool areas of No. 32 Milford Street will not be impacted by the proposal.

 

The development will not overshadow the principal private open space of the surrounding properties for more than 3 hours on the winter solstice.

 

Satisfactory.

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

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

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

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

P5 Buildings have roofs with pitch suitable for solar collectors.

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

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

Safety and Security

P1 Design allows surveillance.

 

Satisfactory.

P2 Approaches and entries are visible.

 

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

P3 High walls and structures avoided.

 

The development scheme proposes the use of gabion walls to enclose the semi-basement car park. The design will achieve a satisfactory streetscape outcome. Refer to the “SEPP 1” and “SEPP 65” sections of this report for details.

P4 Resident car parking has security grilles or doors.

 

Perforated mesh garage door is proposed. Satisfactory. 

P5 Visitor parking spaces clearly identifiable.

 

To be required by condition.

P6 Adequate lighting for personal safety and security provided.

 

To be required by condition.

P7 Adequate lighting is provided in common areas.

 

To be required by condition.

P8 External lighting does create a nuisance.

 

To be required by condition.

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

The proposed car parking facilities satisfy the requirements of the Parking DCP. Refer to the “Parking DCP” section of this report for details.

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

 

The development scheme proposes the use of gabion walls to enclose the semi-basement car park. The design will achieve a satisfactory streetscape outcome. Refer to the “SEPP 1” and “SEPP 65” sections of this report for details.

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

 

Not applicable.

P3 Secure storage for bicycles is provided.

 

To be required by condition.

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

Satisfactory.

P2 Vehicles enter/ leave in a forward direction.

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

Satisfactory.

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

S3 Long driveways provide passing bays.

Satisfactory.

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

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

Satisfactory in terms of safety and manoeuvring efficiency.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

Satisfactory.

P6 Driveway gradients safe.

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

Satisfactory subject to condition.

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.

The proposal has included adequate storage units for each dwelling in the semi-basement car park. 

Barrier-Free Access

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

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

A standard condition is recommended to address this matter.

P2  Dwelling requirements:

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 so on…

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

 

Not applicable.

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

 

Not applicable.

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

 

A passenger lift is provided in the development, which can provide access for people with disabilities to the common and car parking areas.

Utilities/Site Facilities

P1 Mailboxes provided in accordance with Australia Post.

 

To be required by condition.

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

 

To be required by condition.

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

 

To be required by condition.

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

 

To be required by condition.

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

 

To be required by condition.

P6 Telephone lines provided in accordance with the service provider.

 

To be required by condition.

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

 

Satisfactory.

Waste Minimisation and Management

P1 Waste collection and separation facilities for each dwelling.

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

Satisfactory.

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

 

Satisfactory.

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

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

The proposed waste storage areas are contained within the semi-basement car park.

 

View sharing

The proposed development is considered to result in varying degree of impacts on the views currently available to the adjoining and nearby properties at Nos. 26 to 30 Milford Street.

 

At Council’s request, the applicant has installed height poles at each critical corners of the proposed building to depict the overall height and form of the development, with a view to providing an accurate basis for view loss analysis. Council’s assessment officer as well as the architect undertook inspections and photographic recording of the neighbouring properties at Nos. 28, 30 and 32 Milford Street on 22 April 2010. The height poles were dismantled on the following day as the roof tiles have been temporarily removed to facilitate their installation. Following the inspections, the architect submitted photomontage images and analyses demonstrating the anticipated impacts on each of the above properties.

 

On 7 May 2010, the owner of No. 26 Milford Street lodged a submission with Council raising issues of view loss impacts, after the height poles had already been dismantled. Notwithstanding, the assessment officer has undertaken an inspection of this property and the potential view loss impacts are analysed below.

 

The photomontages prepared by the architect have been extracted below to demonstrate the anticipated impacts from the development. Please note that:

 

·      Red hatchings: represent the alignment of the proposed external walls

·      Orange hatchings: represent the alignment of the proposed balconies attached to the street and rear façades of the building

 

The following paragraphs provide a four-step analysis of view loss established in the NSW Land and Environment Court case Tenacity v Warringah Council (2004):

 

Step 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.”

 

The existing views currently available to the neighbouring properties in question are described below:

 

No. 26 Milford Street

Current views:

Views from the east-facing windows attached to the upper floor lounge room area. They consist of panoramic views of the sky-water interface and district views of Coogee Valley. The views are obtained from both a sitting and standing position.

Anticipated impacts:

Based on the proposed building height and front setback, it is anticipated that no material impacts on any significant elements of the views, including water views, will result.

Current views:

Views from the front balcony on the upper floor level looking south-east. They consist of panoramic views of the sky-water interface and district views of Coogee Valley. The views are obtained from both a sitting and standing position.  

Anticipated impacts:

Based on the proposed building height and front setback, it is anticipated that no material impacts on any significant elements of the views, including water views, will result.

Current views:

Views from the east-facing bedroom window on the upper floor level. They consist of panoramic views of the sky-water interface and district views of Coogee Valley, which are obtained with a person sitting or standing close to the window panes, as the window mullions and sashes contribute substantially to view restrictions.

Anticipated impacts:

It is anticipated that a minor portion of the distant buildings and vegetation will be obscured following the development. However, none of the significant elements, such as water views, will be affected.

Current views:

Views from the east-facing sunroom window in the rear section of the upper floor level. They include oblique views of the sky-water interface and the northern part of Coogee Valley.

Anticipated impacts:

It is anticipated that the proposed building will become visible from this window. However, none of the significant elements of the views, including the sky-water interface, will be affected.

Current views:

Views from the rooftop terrace above the front garage looking east. They consist of broken sky-water interface and distant buildings punctuated by existing vegetation in the locality.

Anticipated impacts:

It is anticipated that the proposed building will not affect any part of the sky-water interface currently obtainable from the rooftop terrace. 

 


 

No. 28 Milford Street

Location plan

Current views:

The existing views currently obtained from the east-facing lounge room window (Window 1 as indicated in the location plan above) primarily consist of distant vegetation and buildings and the skyline. The views are obtained at both a standing and sitting position.

Anticipated impacts:

It is anticipated that up to half of the district views will be obscured. The rear section of the proposed building will be visible from this window.

 

Current views:

The existing views currently obtained from the east-facing window attached to the rear living room (Window 2 as indicated in the location plan above) consist of a small portion of the filtered, distant sky-water interface broken by existing buildings in the Coogee Bay area, as well as district views of buildings and vegetation. The limited water views are obtained generally at a standing position.

Anticipated impacts:

The sky-water interface will be completely obscured following the development.

Current views:

The existing views currently obtained from the east-facing window attached to the rear living room (Window 3 as indicated in the location plan above) consist of a small portion of the filtered, distant sky-water interface broken by existing buildings in the Coogee Bay area, as well as district views of buildings and vegetation. The limited water views are obtained generally at a standing position.

Anticipated impacts:

The sky-water interface will be completely obscured following the development.

 

No. 30 Milford Street

Location plan

Overall view of the windows within the bedroom

Close-up view obtained from the windows

Current views:

The east-facing windows attached to the first floor master bedroom currently enjoy horizon views of the sky-water interface and district views of Coogee Valley. The views are obtained at both a standing and sitting position.

 

 

Anticipated impacts:

Based on the photomontages and height poles, it is anticipated that a small portion of water views will be obscured following the development. However the majority of the sky-water interface will be retained.

 

No. 32 Milford Street

Location plan – front verandah

 

 

Current views:

At present, oblique horizon views of the sky-water interface as well as district views of Coogee Valley are obtained from the front verandah looking towards the south-east. The views are obtained generally at a standing position, and to a lesser extent, at a sitting position, depending on the height of the person.

Anticipated impacts:

Based on the photomontages and height poles, it is anticipated that approximately 40% of the horizon views will be obscured following the development.

Location plan – study room

Note: the red hatchings represent alignment of the external walls; the orange hatchings represent alignment of the front balconies; the white arrow denotes the key water views currently obtainable

Current views:

The views currently obtained with a person standing at the side door of the study room include:

·      Filtered water views punctuated by existing vegetation in the locality, obtained with a person standing and facing east.

·      Partial sky-water interface views punctuated by existing vegetation on the subject site and the verandah columns, obliquely obtained with a person standing and facing south-east.

Anticipated impacts:

Based on the photomontages and height poles, it is anticipated that the majority of the filtered water views to the east will be obscured. However, the broken sky-water interface views towards the south-east will remain intact.

Location plan – secondary bedroom

 

Note: the red hatchings represent alignment of the external walls; the orange hatchings represent alignment of the front balconies; the black arrows denote the key water and district views currently obtainable

Current views:

The existing views obtained from a person standing at the doorway to the secondary bedroom consist of:

·      Filtered water views punctuated by existing vegetation in the locality towards the east.

·      Oblique sky-water interface views punctuated by the verandah columns towards the south-east.

·      Oblique district views of Coogee Valley towards the south-east.

Anticipated impacts:

It is anticipated that the existing filtered water views towards the east will be obscured following the development. However, the oblique, broken sky-water interface and district views of Coogee Valley will remain intact.

 

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

 

No. 26 Milford Street

First floor lounge room windows

Views obtained across the side boundary;

Standing and sitting views

First floor front balcony

Views obtained primarily across the side boundary and to a minor extent from the front boundary;

Standing and sitting views

First floor bedroom windows

Views obtained across the side boundary;

Standing and sitting views

First floor rear sunroom windows

Views obtained across the side boundary;

Primarily standing views

Roof top terrace above front garage

Views obtained primarily across the side boundary and to a minor extent from the front boundary;

Standing and sitting views

No. 28 Milford Street

Lounge room window (Window 1)

District views obtained across the side boundary;

Standing and sitting views

Rear living room window (Window 2)

Views obtained across the side boundary;

Standing views

Rear living room window (Window 3)

Views obtained across the side boundary;

Standing views

No. 30 Milford Street

Upper floor master bedroom window

Views obtained across the side boundary;

Standing and sitting views

No. 32 Milford Street

Front verandah

Views obtained across the side boundary;

Primarily standing views (and to a lesser extent sitting views depending on the height of the person)

Study room

Views obtained across the side boundary;

Standing views

Secondary bedroom

Views obtained across the side and front boundaries;

Standing views

 

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

 

Location

Extent of impact

No. 26 Milford Street

First floor lounge room windows

It is anticipated that there will be no material impacts on any significant elements of the views, including water views. The impact is considered to be negligible.

 

First floor front balcony

It is anticipated that no material impacts on any significant elements of the views, including water views, will result. The impact is considered to be negligible.

 

First floor bedroom windows

It is anticipated that a minor portion of the distant buildings and vegetation will be obscured following the development. However, none of the significant elements, such as water views, will be affected. The impact is considered to be negligible.

 

First floor rear sunroom windows

It is anticipated that the proposed building will become visible from the windows. However, none of the significant elements of the views, including the sky-water interface, will be affected. The impact is considered to be negligible.

 

Roof top terrace above front garage

It is anticipated that the proposed building will not affect any part of the sky-water interface currently obtainable from the rooftop terrace. The impact is considered to be negligible.

 

No. 28 Milford Street

Lounge room window (Window 1)

It is anticipated that up to half of the district views will be obscured. Notwithstanding, the views in question are not highly scenic or iconic in nature and consequently the degree of impact is considered to be minor.

 

Rear living room window (Window 2)

The existing sky-water interface will be completely obscured following the development. The sky-water views in question are highly restrictive in nature given its limited horizontal span and water contents. The views are also broken by distant buildings. As a result, the degree of the impact is considered to be moderate in nature.

 

Rear living room window (Window 3)

The existing sky-water interface will be completely obscured following the development. The sky-water views in question are highly restrictive in nature given its limited horizontal span and water contents. The views are also broken by distant buildings. As a result, the degree of the impact is considered to be moderate.

 

No. 30 Milford Street

Upper floor master bedroom window

It is anticipated that a small portion of water views will be obscured following the development. However, the vast majority of the horizon and water views will remain intact. The degree of the impact is therefore considered to be minor.

 

No. 32 Milford Street

Front verandah

It is anticipated that approximately 40% of the horizon views will be obscured following the development. The remaining sky-water interface as well as the distant Coogee Valley will remain clearly visible. The degree of the impact is considered to be moderate.

 

Study room

It is anticipated that the majority of the filtered water views to the east will be obscured. However, the broken sky-water interface views towards the south-east will remain intact. The degree of the impact is considered to be minor.

 

Secondary bedroom

It is anticipated that the existing filtered water views towards the east will be obscured following the development. However, the oblique, broken sky-water interface and district views of Coogee Valley will remain intact. The degree of the impact is considered to be minor.

 

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

 

·      Based on the above analysis, it is anticipated that the proposed development will not result in any material impact on the scenic views currently obtained from No. 26 Milford Street, which is located on the uphill side and separated from the subject site by three residential allotments.

 

·      The proposed development will completely obscure the distant water views currently obtained from the east-facing living room windows in the rear section of the dwelling at No. 28 Milford Street.

 

It is considered unreasonable to refuse the development application on the grounds of view loss from the aforementioned windows, where the views in question are highly limited in horizontal span and are significantly restricted by distant buildings and vegetation. The water contents are limited in extent and are not considered to be iconic in nature as defined in the planning principle.

 

Moreover, the views are obtained across the side boundaries of three downhill properties, being Nos. 30, 32 and 34 Milford Street, which have only been made possible by the extension of the dwelling towards the northern boundary with minimal rear setback untypical of the development pattern in the locality.

 

·      The proposal will also have a minor impact on the water views currently available to the upper floor master bedroom of the dwelling at No. 30 Milford Street.

 

The existing views are obtained across the side boundaries of both Nos. 32 and 34 Milford Street, which by virtue of the planning principle, are much more difficult to retain. Additionally, the views are obtained from the bedroom area, which is a less intensely used space within the dwelling and should be given less weight as compared to those that are captured from the principal living rooms. Regardless of the above, the vast majority of the sky-water interface and general water views will remain unaffected by the proposal.

 

·      At present, there are a number of areas within the dwelling at No. 32 Milford Street that enjoy scenic water views.

 

The most significant impact relates to the loss of approximately 40% of the sky-water interface views currently captured from the front verandah of the dwelling. The remaining water and district views will remain intact. It should be noted that part of the views anticipated to be lost are filtered by existing foliage within the side walk areas of Nos. 32 and 34 Milford Street. They are obtained over the front hipped roof of the existing dwelling house on the subject site.

 

The retention of the remaining water and district views is made possible by the proposed 3.1m to 4.0m western side setback as well as the staggered front wall arrangement proposed for the flat building. The architect has submitted a photomontage model based on a hypothetical development for a first floor addition to the existing dwelling house with a standard side setback of 900mm. The analysis clearly demonstrates that the existing water and horizon views from the verandah of No. 32 will be substantially obscured by a typical first floor addition.

 

Standing view from the front verandah of No. 32 Milford Street looking south-east across the side boundary, based on a hypothetical first floor addition to the existing dwelling house on the subject site

 

The study room and secondary bedroom in the front section of the dwelling presently enjoy oblique sky-water interface views and filtered water views through the gaps between the verandah columns when a person is deliberately standing close to the side doors to the above areas. The submitted photomontages have demonstrated that the development will retain the identified sky-water interface views despite their obliqueness and restricted nature.

 

The development scheme has reserved additional landscaped areas beyond the minimum requirements stipulated in the LEP. The substantial western side setback also assists in opening up view corridors from the front verandah of No. 32 Milford Street. The revised drawings show that the side elevations of the proposed front balconies will remain open, with the exception of the balustrades, which will enhance a sense of openness to the neighbour. It is considered that the proposed architectural design is skilful and contributes to the minimisation of view loss impact.

 

The landscape plans show the planting of an Albizia julibrissin ‘Rosea’ (silk tree) in the front setback area of the subject site. This feature tree is capable of reaching a mature height and spread of 5m and 4m respectively. This tree has the potential to obstruct views from the front verandah of No. 32 Milford Street and a special condition is recommended to require its deletion from the landscape plan.

 

·      It is acknowledged that the proposed development contains deviations from the FSR and external wall height standards contained in the LEP. Notwithstanding, as is discussed in the body of this report, the proposal has adopted a form and scale that are suitable to the corner location of the site. The development will not constitute a dominant or intrusive element in the area given the existing diversity of housing form, nor will it result in unreasonable overshadowing or privacy impacts. Overall, the proposed development is considered to be reasonable and satisfies the broad performance requirements of the Multi-Unit Housing DCP. The proposed works represent a reasonable attempt to realise the permissible development potential of the land having regard to its 2B zoning.

 

Therefore, the intrusion of the views is justified when considering the architectural merits and view retention measures of the proposal. It is considered that the potential view loss is reasonable in this instance.

 

10.2  Randwick Development Control Plan (RDCP) Parking

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

 

Rate

Required

Proposed

Resident

1 space per 1-bedroom unit

1.5 spaces per 3-bedroom unit

5

6

Visitor

1 space per 4 dwellings or part thereof

1

1

Bicycle

1 space per 3 units, plus 1 visitor space per 10 units

2

To be required by condition

Car wash bay

1 space per 12 dwellings

Nil

Nil

Total car parking

 

6

7

 

The proposed development complies with the parking rates specified in the DCP. A special condition is recommended to ensure suitable bicycle parking facilities are provided on the site.

 

10.3  Randwick Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200000

$1,478,503

 

1.0%

$14,785.03

 

11.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

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

The proposal is consistent with the aims and objectives of Randwick LEP 2008 (Consolidation).

 

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

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

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

Not applicable. 

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

Clause 7 of the EP&A Regulation 2000 requires the consent authority to consider the provisions of the Building Code of Australia. A standard condition is recommended to address the above matter.

 

Appropriate conditions are recommended to address the relevant fire safety provisions of the Regulation. 

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

The environmental impacts of the proposed development on the natural and built environment have been assessed within the body of this report.

 

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

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

The site is located within an established residential neighbourhood. The site has sufficient area to accommodate the proposed land use and structures. Therefore, the site is considered suitable for the proposed development.

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

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

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

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

 

Relationship to City Plan

The relationship with the City Plan is as follows:

 

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

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.


Conclusion

 

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

 

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

 

The design will be compatible with the streetscape character of Milford and Judge Streets. The proportions, massing, colours, materials and finishes proposed are considered to be satisfactory.

 

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

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

21 September 2010

 

 

 

Director City Planning Report No. CP74/10

 

 

Subject:                  491 Bunnerong Road, Matraville

Folder No:                   DA/907/2009

Author:                   Frank Ko, Executive Planner     

 

Proposal:                     Demolition of existing dwelling house and construction of a part 3/part 5 storey mixed use development in two building forms comprising a retail tenancy at ground level, 10 residential dwellings and 2 levels of basement parking for 15 vehicles.

Ward:                      South Ward

Applicant:                Architectural Solutions

Owner:                         Mr M Kara-Ali

Summary

Recommendation:     Deferred Commencement Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application is referred to the Council as the proposed development is valued at approximately $2.5 million.

 

The proposal seeks consent for the demolition of the existing dwelling and construction of a new part 3/part 5 storey mixed use development comprising a retail tenancy fronting Bunnerong Road at ground floor level, 10 residential dwellings and 2 levels of basement parking for 15 vehicles.

 

The proposal was subject to substantial amendments to achieve greater compliance with the relevant development standards of the Randwick Local Environmental Plan (Consolidation) 1998 (LEP) and the performance criteria of the Development Control Plan (DCP) for Matraville Town Centre and to address issues raised by the Design Review Panel (DRP), Road Traffic Authority (RTA), Council Officers and the objector.

 

The amendments include:

 

§   Deletion of the 6th floor.

§   Provide a shared common driveway for Nos. 489 & 491 Bunnerong Road.

§   Reduce the size of retail tenancy at ground level.

§   Provide two levels of basement parking for 14 vehicles.

§   Provide a usable landscaped courtyard at ground floor level.

§   Redesigned communal open space at podium level.

 

The subject site is located on the eastern side of Bunnerong Road in the Matraville Town Centre and is occupied by single storey dwelling houses. The site has a frontage of 14.325m to Bunnerong Road, a northern side boundary depth of 44.075m, a southern side boundary depth of 43.61m and a total site area of 556.9sqm.

 

The proposed development is permissible with consent of Council and the revised proposal complies with the relevant development standards of the LEP and the relevant objectives and performance criteria of the DCP. Where compliance with relevant performance criteria has not been achieved (i.e. setback), the amended proposal is considered to be acceptable and achieves the relevant objectives of the controls.

 

The proposal will introduce a suitable mixture of residential and commercial/retail uses, which will reinforce the long-term vibrancy of the Matraville Town Centre. The proposed development will present as a contemporary building of appropriate architectural design, which will enhance the streetscape character of Bunnerong Road.

 

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 nearby properties or the character of the locality.

 

Given that the proposal will potentially affect the on-going health of the existing trees on the neighbour’s property at No. 493 Bunnerong Road, it would be necessary for the applicant to obtain the consent from the owner of No. 493 Bunnerong Road for the removal of the affected trees. In this regard, the subject application is recommended for approval subject to deferred commencement condition.

 

 

 

 

 

2.    The Proposal

 

The initial proposal sought consent for the demolition of the existing dwelling and construction of a new part 3/part 6 storey mixed use development in two building forms comprising a retail tenancy fronting Bunnerong Road, 11 residential dwellings and one level of basement parking for 12 vehicles at No. 491 Bunnerong Road, Matraville. 

 

The amended proposal now comprises the following:

 

·       demolition of the existing dwelling at No. 491 Bunnerong Road;

·       construction of a new part 3/part 5 storey mixed use development comprising a retail tenancy fronting Bunnerong Road at ground floor level, 10 residential dwellings and 2 levels of basement parking for 15 vehicles;

·       a shared common access driveway for Nos. 489 and 491 Bunnerong Road; and

·       associated landscaping.

 

Pedestrian and vehicle access to the proposed development will be provided from Bunnerong Road.

 

It should be noted that a separate Development Application (DA/719/2010) for the demolition of the existing dwelling house at No. 489 Bunnerong Road, Matraville has been lodged and is currently under assessment by Council.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the eastern side of Bunnerong Road in Matraville and is occupied by single storey dwelling houses. The site at No. 491 Bunnerong Road has a frontage of 14.325m to Bunnerong Road, a northern side boundary depth of 44.075m, a southern side boundary depth of 43.61m and a total site area of 556.9sqm. The subject site is relatively flat.

 

The surrounding area comprises predominantly retail/commercial uses with the subject site located within the Matraville Town Centre. To the west on the opposite side of Bunnerong Road is an existing shopping strip comprising predominantly two-storey shops and residence above with continuous awning. To the north is a two storey townhouse development. To the south is a two storey dwelling house. Further to the south is a part 4/part 7 storey mixed use development recently approved by Council.  

 

4.    Relevant History

 

4.1    Application History

A pre-lodgement application (PL/39/2009) was lodged on 28 August 2009 for the proposed development on the subject site. The application was referred to the Design Review Panel for comments and various key issues were identified (i.e. height, setbacks, car park entry, building footprint, configuration of the rear building, etc).  

 

The subject DA was lodged on 4 December 2009 and has been the subject of significant amendments, in order to address the issues raised by Council Officers, the Design Review Panel and Roads Traffic Authority.

 

The amended plans were lodged on 11 June 2010, which includes the following key amendments:

 

§   Deletion of the 6th floor.

§   Provide a shared common driveway for Nos. 489 & 491 Bunnerong Road.

§   Reduce the size of retail tenancy at ground level.

§   Provide two levels of basement parking for 14 vehicles.

§   Provide a usable landscaped courtyard at ground floor level.

§   Redesigned communal open space at podium level.

 

5.    Community Consultation

 

The proposal including the amendments was advertised and notified in accordance with Council’s DCP for public notification. The following submission was received:

 

493 Bunnerong Road, Matraville

Issue

Comment

The height and proximity of the proposed development will adversely affect neighbour’s amenities.

The revised proposal complies with the relevant building envelope controls (i.e. footprint, heights, depth, setbacks and separation) and will not result in any unreasonable adverse impact on the amenity of the adjoining property. 

Misrepresentation in the proposal that the owners of the adjacent property at No. 493 have refused to consider amalgamation of the three properties as set out in the DCP.

The DCP for Matraville Town Centre identifies the subject and adjoining sites as one of the site that has the opportunity to be amalgamated to create a supermarket/large format retail development. The amalgamation is not a compulsory requirement of the DCP. The site is capable of being developed on its own subject to the compliance with the relevant requirements. 

Unresolved issues of the tree at No. 493.

Refer to landscape/tree comments in Section 6.2 of this report.

 

6.      Technical Officers/External Agency Comments

 

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

 

6.1    Building Services Comments

Council’s Building Surveyor has assessed the application and raises no objection to the proposal subject to conditions. 

 

6.2    Development Engineers Comments

Council’s Development Engineer has assessed the subject application and the following comments are provided:

 

Landscape/Tree Comments

In Council’s previous Issues Report dated 31 March 2010, the applicant was advised that a major constraint to this development existed beyond the southern site boundary, within the rear yard of 493 Bunnerong Road, between the neighbouring two storey dwelling and their free standing garage, as there is a row of four (4) Eucalyptus robusta (Swamp Mahogany’s), whose trunks are setback a distance of only 450-800mm off the existing timber fence, and are all around 6-8 metres in height.

 

While endemic species which benefit local fauna, all four appeared only in fair health and condition due to the presence of deadwood, sucker growth and past failures throughout their canopies, but as they are covered by the provisions of Council’s Tree Preservation Order (TPO), and even more importantly, are located on an adjoining property, both Council and the applicant have a common law responsibility to ensure they remain unaffected by such a development.

 

However, this would not have been physically possible based on the original plans as the southern side of the building, from the basement level right up to the roof, would have been constructed right on the southern site boundary (common with no.493), resulting in major excavations and works being performed less than 1 metre from their trunks, which would have a direct and negative impact both above and below ground, as well as creating future maintenance and safety issues.

 

Despite the applicant approaching the neighbour/tree owner at no.493, seeking agreement to jointly apply to Council for removal of these trees, this has not been forthcoming; so the only option left for the applicant to ensure their preservation is to amend the plans to show all physical parts of the development being setback a minimum radius of 2.5 metres off this common boundary, adjacent their trunks, with the area between the basement wall and boundary needing to remain as undisturbed deep soil.

 

The Revision C plans (dated June 2010) only partly comply with Council’s requirements, as while the southern basement wall has been setback 2.5 metres, the area between this relocated wall and the southern site boundary has not been maintained as undisturbed deep soil, with all above ground parts of the building shown as being built right up to the common boundary, meaning that footings will be required, with the northern sides of their canopies needing to be completely ‘sheered off’ to avoid conflict/interference with the wall alignment both during construction as well as upon completion.

 

Consistent with previous advice (refer previous Issues Report dated ), no objections are raised to removing the row of trees in the rear yard, along the northern site boundary, being from west to east, a 5m x 5m Hibiscus rosa-sinesnis (Hibiscus), a 6m tall Eucalyptus robusta (Swamp Mahogany), and a 6 metre tall Brachychiton acerifolius (Illawarra Flame Tree), as there are other more established trees which are of more importance to retain in the interests of neighbours, the environment and future occupants, with this approval also subject to replacement planting being undertaken in this rear portion.

 

Further to east, located centrally in the rear yard of the subject site, there is a stand of three semi-mature native trees, being two Eucalyptus saligna (Sydney Blue Gums), and then just to their northeast, a Corymbia citriodora (Lemon Scented Gum), which are all the most established trees within this site at around 10-12 metres in height, are covered by the TPO, and are part of a group planting that extends into several properties.

 

Their exact location and canopy spread needs to be shown on all plans, and while the architectural plans and S.E.E show their retention as they perform a screening and privacy function between the upper levels of the proposal and the adjoining house at 2 Daunt Avenue, which is a desirable quality, the landscape plans show that all three will be removed and replaced with a variety of trees and shrubs around the perimeter of the ground level courtyards that will attain a mature height of between 4-8m.

 

The eastern wall of the basement is setback 8 metres off the rear (eastern) boundary, with measurements taken on site showing this would be about 3 metres to the west of the most western of these three trees, which is insufficient for trees of this species and size, both currently as well as upon maturity, as excavations would be performed to a depth of around 6 metres, with a greater setback of around 4-5 metres needing to be provided.

 

The more dominant, most southern Blue Gum has an included branch union between its two main vertical leaders, which is recognised as a structural deficiency that carries a high rate of failure, and is justification for its removal, irrespective of this application, with the relevant consent provided. Subsequently, once this tree is removed, the remaining, smaller Blue Gum to its north would be susceptible to wind throw, with its trunk already exhibiting a slight lean to the north, with excavations for the basement to be performed to a depth of 6 metres only about 3 metres to its west, on the compression side of its root plate, which would also require its removal, particularly as it is closest to the works, with the remaining Lemon Scented Gum to be retained in isolation.

 

There is no doubt that removal of this group of trees would result in a loss of amenity for the area, with replacement planting around the perimeter of the site using native canopy trees and shrubs across the width of the rear (eastern) boundary to assist with screening and privacy.

 

Providing an undisturbed area of deep soil is maintained at the rear portion of the site as has been shown, with all hydraulic services, stormwater etc to be setback a minimum of 5 metres off the boundary, the mature Eucalyptus cinerea (Argyle Apple) located beyond the southeast corner of the site, within the side setback of 2 Daunt Avenue, and then to its north, the smaller Melaleuca quinquinervia (Broad Leafed Paperbark), will both remain unaffected by this application.

 

Drainage Comments

On site stormwater detention is required for this development.

 

Detailed Drainage plans shall be submitted to the RTA for assessment

 

Traffic Comments

The average traffic generation for the proposed residential development consisting of 10 residential units will be in the range of 40 to 50 vehicle movements per day.

 

The accompanying traffic and parking report calculates the expected peak flow volume of traffic as approximately & vehicles per hour. This is considered low and no delays should be experienced in Bunnerong Road as a result of this development. In addition as the access driveway will be shared with an adjoining proposed development at 489 Bunnerong Rd the total peak traffic generation of the two sites which the traffic report calculates as 14 vehicles per hour should still be able to be accommodated within the proposed access arrangements. 

Subject to RTA concerns the proposed development has no unacceptable traffic implications.

 

Access Driveway

The vehicle access into the proposed development is a little unusual in that access will be shared with the neighbouring proposed development at 489 Bunnerong Road. Vehicles will be required to ‘cross paths’ as they enter and exit their respective developments. There are some concerns to this arrangement which are detailed below and Council’s Traffic Engineers have requested that a number of traffic safety measures such as painted arrows and keep left signs be required to prevent possible vehicle collisions. Appropriate conditions have been added to this report.

 

Further to the access driveway Development Engineering does not usually support separate DA’s for such an access arrangement. Development Engineering have concerns that the proposed access and Right of Carriageway may cause complications in the future especially if either property at number 489 or 491 Bunnerong Road does not proceed with their DA or if there are planning issues with their proposals. To avoid this as much a possible Development Engineering have added conditions to ensure the creation of the Right of Carriageway and completion of the access ramp in conjunction with the completion of this development.

 

Development Engineering recommends that in future such a shared access arrangement should only be considered in terms of a joint DA application for the two properties or the site should be consolidated.

 

 The access ramp will also require some traffic safety measure in the form of Keep Left signs and arrow markers on the access driveway. Additionally when the two developments at 489 & 491 Bunnerong Rd are completed traffic priority in the access driveway shall be given to vehicles exiting the site from 489 Bunnerong Road. A Give way indicator together with appropriate line marking shall be painted on the access ramp from 490 Bunnerong road to indicate to drivers to ‘Give Way’ to drivers exiting the development at 489 Bunnerong Road. Appropriate conditions have been added to this report.

 

Parking Comments

Parking requirements for the site have been calculated as per Council’s DCP-Parking which states the following rates relevant to the subject site:

 

For studio units        =    0.5 spaces per dwelling

For 1 bedroom units  =       1 space per dwelling

For 2 bedroom units  =    1.2 spaces per dwelling

Visitor Parking          =       1 space per 4 dwellings

Bicycle Parking         =       1 space per 3 units

Commercial              =       1 space per 40m2

 

For the proposed development.

 

Residential Component

Ten residential units consisting of 6 x 2 bedroom units + x 1 bedroom units and 3 studio apartments

Parking requirement = (6 x 1.2) + (1 x 1) + (3 x 0.5) + (10/4 visitors)

                              = 7.2 + 1 + 1.5 + 2.5

                              = 12.2 spaces

                      

Commercial Component

 

Parking requirement = 96/40 = 2.4 spaces

 

TOTAL REQUIRED = 12.2 + 2.4 = 14.6 spaces (say 15 spaces)

 

The applicant proposes 15 off-street carspaces with 12 allocated to the residential component and 3 to the retail tenancy including a delivery space.

 

The proposal complies with Council’s DCP-Parking in the number of spaces but differs slightly in the required visitor space allocation but given the sites proximity to public transport and as one space is proposed for each unit there is no objection from Development Engineering to the parking allocation.

 

Carpark layout – The carpark layout and ramp grades appear to be satisfactory. Carspace dimensions comply with Council’s DCP-Parking and Australian Standard 2890.1:2004.

 

Service Authority Comments

At the Health, Building and Planning Committee meeting on 8 November 2005, it was resolved on the motion of Councillors Nash and Belleli that:

 

(a)    the applicants of development applications be required to meet all costs associated with replacing overhead wires with underground cables in the vicinity of the development site when the cost of works on the site exceeds $2 million;

 

(b)    the applicants of development applications be required to meet all costs associated with replacing overhead wires with Aerial Bundled Cables in the vicinity of the development site, when the cost of works on the site exceeds $1 million up to $2 million; and

 

(c)    the Director, City Planning investigate the feasibility of funding the undergrounding of existing overhead cables for new development under the new options provided for in the Environmental Planning & Assessment Act (Developer Contributions) Act 2005.

 

Given that the proposed works will be in excess of $2 million the applicant will be required to meet all costs associated with replacing the overhead wires with underground cables in the vicinity of the development site.

 

Waste management Comments

The submitted plans indicate that two bin rooms are to be provided with one bin room for the residential dwellings and the other for the commercial tenancy. This is consistent with Council’s policy of physically separating the waste storage areas for commercial & residential components of a dwelling.

 

The submitted plans indicate that the residential bin area will accommodate 10 x 240L bins which fully complies with the Council requirement of 1 normal bin per 2 units and 1 recycle bin per 2 units (10 x 0.5 + 10 x 0.5 = 10 bins).

 

The submitted plans also indicate a Bin ‘Pick-up’ area located adjacent to the access driveway. In the absence of any Waste Management plan the purpose of this area is a little unclear as the bin rooms are not far from the kerb at any rate and Development Engineering would expect them to be transferred directly to the kerb from the bin rooms without the need for a pickup area. Clarification of this area should be specified in the Waste Management Plan.

 

The small width of the site makes presentation of the bins to the kerb a possible issue as the bins should only be presented in front of the Lobby and Lift area as the area adjacent to the south will be used by the retail tenancy. In addition a bustop opposite the common boundary of 491 and 493 Bunnerong Road further reduces the room available for the presentation of the bins for kerbside collection. The Council street tree will have to be removed as it will inhibit access to this collection point. The applicant will therefore be required to remove this street tree and keep an area clear for a kerbside collection point. Appropriate conditions have been added to this report.

 

6.3    Road Traffic Authority (RTA)

The amended proposal was referred to RTA in relation to traffic. The RTA’s  comments (received in a letter dated 18 August 2010) have been considered in the Development Engineer’s comments above.

 

6.4    Sydney Airport Corporation Limited

Under the provisions of the Air Navigation (Building Control) Regulations, the concurrence of the Sydney Airports Corporation is required as the building proposed on the subject site has a maximum height in excess of 15 metres and may fall within the Conical Surface of the Obstacle Limitation Surfaces for Sydney Airport.

 

Sydney Airports Corporation’s advice was received on 25 June 2010 and the relevant requirements have been incorporated in the recommendation of this report.

 

7.    Relevant Environmental Planning Instruments

 

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

 

·              Environmental Planning and Assessment Act 1979, as amended

·              Environmental Planning and Assessment Regulation 2000, as amended

·              State Environmental Planning Policy No. 55 – Remediation of Land

·              State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development

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

·              Randwick Local Environmental Plan (Consolidation) 1998

·              Randwick Development Control Plan – Matraville Town Centre

·              Randwick Development Control Plan – Parking

·              Randwick Section 94A Development Contributions Plan

·              Building Code of Australia

 

8.    Environmental Assessment

 

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

 

9.1    Statutory Controls – S79C(1)(a)

 

9.1.1          Randwick Local Environmental Plan 1998 (LEP)

The site is zoned Local Business 3B under Randwick Local Environmental Plan 1998. The proposal is permissible in the zone with development consent. The proposal is consistent with the zoning objectives in that:

 

·              The development will reinforce the viability of the Matraville Town Centre by introducing residential and retail/commercial uses in close proximity to public transport services.

·              The development will provide activation and casual surveillance of Bunnerong Road, Daunt Avenue and the surrounding public domain.

·              The development will improve the streetscape character of Bunnerong Road by introducing a suitably proportioned and articulated built form.

 

The following clauses of the LEP apply to the proposal:

 

Clause

Requirement

Proposal

Compliance

40

Earthworks

The proposal involves substantial excavation of the subject site. Appropriate conditions have been included in the recommendation, which require all excavation works to comply with Council’s requirements.

Subject to conditions.

42DA

Matraville Town Centre

 

 

42DA(1)

Applies to land marked on the map to LEP Amendment No. 37

The subject site is located within the Matraville Town Centre according to the LEP map.

Yes

42DA(2)

Objectives

 

 

 

(a) to achieve high quality design in all new development and improvements undertaken in the public domain

The proposal is considered to deliver a high quality built form that improves the streetscape character of Bunnerong Road.

Complies

 

(b) to encourage a vibrant and active town centre

The proposal will introduce residential and commercial uses that provide activation of the town centre precinct.

Complies

 

(c) to provide opportunities for residential development in the town centre that complement the primary business function

The proposed land uses will introduce new residents and employment opportunity that will reinforce the vibrancy of the town centre.

Complies

 

(d) to encourage a variety of housing that complements development within the town centre

The proposal provides a variety of housing choices, which will cater for different household needs in the area.

Complies

 

(e) to ensure that social and cultural needs are considered with any development proposals in the town centre

The amended proposed building is appropriately proportioned and articulated, and will not result in detrimental impacts on the visual character of Bunnerong Road. Awnings are provided along the street frontages and will ensure the comfort and amenity of pedestrians.

Complies

 

(f) to encourage and facilitate the provision of appropriate vehicular access and off-street parking

The development has incorporated suitable on-site parking and access facilities.

Complies

 

 

 

 

 

(g) to ensure that public transport and associated facility needs are considered and promoted

The proposal will introduce residential and commercial uses in close proximity to public transport services along Bunnerong Road .

Complies

 

 

 

 

 

(h) to require environmentally sustainable approaches to future land use and development

The proposed design has maximised use of natural lighting and incorporated appropriate features that reduce energy consumption.

Complies

 

(i) to improve the overall environmental quality of the town centre

The proposed development is suitably proportioned and articulated and is satisfactory in urban design terms.

Complies

42DA(7)

Up to 6 storey (If a supermarket is provided within the specifically identified Opportunity Locations in the Matraville Town Centre Development Control Plan, as approved by Council on 11 April 2006)

5 storey

Complies

42DA(7)

(b) the maximum building height may be 20.1 metres.

15.7m

Complies.

 

It should be noted that Clause 42DA(8) and 42DA(9) states that the maximum building height is to be measured vertically from ground level to the underside of the ceiling of the topmost habitable floor only and does not include the height of the associated structures such as lift overrun. The ‘storeys’ is defined as habitable floors, excluding underground car parking.

 

9.1.2          Relevant State Environmental Planning Policies– Section 79C(1)(a)

State Environmental Planning Policies that are relevant to the proposal are:

 

(a)    State Environmental Planning Policy No. 55 – Remediation of Contaminated Land (SEPP 55)

SEPP No. 55 is applicable to the subject site. The policy aims to promote the remediation of contaminated land for the purposes of reducing risk of harm to human health or any other aspect of the environment.

 

Notwithstanding that the site investigation 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 the proposed residential/retail use.

 

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

The application was referred to the Design Review Panel (DRP) convened under SEPP 65. The proposal has been considered by the DRP on two occasions. The latest DRP recommendations in relation to the design quality principles for residential flat buildings, as set out in Part 2 of SEPP 65, from its meeting on 1 February 2010, are set out below together with the assessment officer’s comments:-

 

1.        Relationship to the Context of the Proposal 

 

Buildings along Bunnerong Road in Matraville are generally between 1 and 5 storeys and the proposed new development on the south eastern corner of Bunnerong and Daunt rises to six storeys with some added accommodation within the roof volume.

 

Apart from consideration of the car parking restrictions the Panel agrees with the general massing which comprises a taller street front building and a smaller rear building separated by a central courtyard.  The DCP envisages this type of development for the entire block between Daunt Ave and Beauchamp Rd, even though there is no rear lane access.  The DCP requirement for a 9m setback to the rear boundary is possibly meant to create the distance from the neighbours that a rear lane would normally afford.

 


Assessment Officer’s Comment:

The proposed development has been modified from the original scheme and designed to reduce adverse impact on surrounding properties as well as compliance with the building envelop controls of the DCP (i.e. footprint, height, depth, separation, etc). 

 

2.        The Scale of the Proposal

The scale of the four storey street wall with two upper floors set back from the street is considered acceptable for the southern portion of the site.  The sixth storey apartment on the northern half has been removed as suggested at our previous meeting in order to step down to Lot 489.

 

Assessment Officer’s Comment:

The sixth storey of the building fronting Bunnerong Road has been deleted to comply with the requirements of the LEP and DCP. 

 

 

3.        The Built Form of the Proposal

The proposed built form sits within the DCP envelope except for the sixth floor and the encroachment of the setbacks with balconies. 

 

The current design is considered to have appropriate built form however the following items should be given more consideration:

 

-     the street presentation of the upper two floors where the lift overrun needs to be set back possibly 500mm and made less dominant in colour and material

-     the ground floor central courtyard should be made larger (reduce the length of the retail and store areas)

-     a small amount of deep soil introduced to the southern boundary of the central courtyard

-     sunshading and weather protection to all windows on the west elevation.

-     A clear view line through the ground floor lobby to the courtyard would be preferred.

-     The footpath awning should be extended the full width of the site

-     Structural requirements and risers should be incorporated into the design

-     Large scale sections of wall details, including sunshading, cladding types, operable roofs and balustrade details should be provided.

 

View lines from the driveway and a passing bay have been incorporated into the design and the car parking has been replanned.  Council, RTA and traffic consultant opinions should be addressed.

 

Assessment Officer’s Comment:

The above issues have been addressed in the revised plans. 

 

4.        The Proposed Density

The Panel supports a greater density in the town centre, as long as it demonstrates good urban and architectural design.  This site is well located and will have good amenity with regard to public transport, shopping, and access to parklands and the beaches.

 

The location of the bus stop suggests that a reduction in car park numbers should be considered.

 

Assessment Officer’s Comment:

As noted previously, the amended proposal complies with the building envelope controls and will be compatible with the desirable future character of the Matraville Town Centre.

 

5.        Resource and Energy Use and Water Efficiency

The proposal has a good framework in principle to support sustainable building practices.

 

Sunshading is required for all windows (appropriate to orientation).

The water storage tank should be indicated on the plans.

Window operation should be shown on the elevations.

Natural light could be introduced through a clerestorey skylight into the central corridor and laundry area of Unit Type F.

 

Assessment Officer’s Comment:

The proposal has been revised to address the issues raised above. An appropriate condition is included in the recommended section of this report requiring the installation of a skylight window to be installed over the central corridor and laundry area of Unit Type F.

 

6.        The Proposed Landscape

Any opportunities for more soil depth (between structural beams) in part of the courtyard would be beneficial.

 

Additional trees and deep soil is recommended for the eastern setback and the provision of a street tree should be discussed with Council.

 

The spatial qualities of the courtyard (at both levels) may be improved if they were more open and rectilinear.

 

Assessment Officer’s Comment:

The revised proposal includes larger landscaped area at ground floor level with stair access to the podium landscaped level.

 

7.        The Amenity of the Proposal for its Users

The apartment planning has been substantially improved. Within the planning there is potential now for good cross ventilation and the ability to reduce the impact of street noise.

 

Unit Type A would be improved if natural light was available to the top of the stair and the adjacent corridor.

The garbage room should be provided with effective separation from the lift lobby area.

 

Assessment Officer’s Comment:

The proposal has been redesigned to address the above issues. The bathroom doors to Unit Type A at first floor level have been replaced with frosted glass door to allow natural light access into the stair and adjacent corridor. In addition, the revised garbage area is separated from the lift lobby area.

 

8.        The Safety and Security Characteristics of the Proposal

Satisfactory. 

 

Assessment Officer’s Comment:

Noted.

 

9.        Social issues

The Matraville Town Centre is well located and serviced with regard to transport, shopping and recreation areas.  It is therefore in the Panel’s view highly suitable for some form of affordable housing whereby the car park requirements could be removed in exchange for higher environmental achievements.

 

Assessment Officer’s Comment:

Noted.

 

10.     The Aesthetics of the Proposal

The preliminary elevations show a fine grained approach which the Panel considers could be appropriate if it is refined as it is developed.

 

It is suggested that the design of the façade to Bunnerong Road would benefit if less materials were used; possibly by eliminating the use to the brown brick.

 

The current drawings show improvement.  With the addition of sunshading and alteration of the lift overrun there may be a possibility to also simplify the materials palette whilst still retaining the fine grain approach.

 

Assessment Officer’s Comment:

The proposal has been revised to address the above issues.

 

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

SEPP: BASIX requirements came into force for multi-unit housing where the development application was lodged on or after 1 July 2005. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

 

The proposal is for a new multi-unit housing development and the applicant has provided a BASIX certificate in accordance with the requirements of the SEPP. The provisions of the certificate indicate that compliance with the current targets set for energy and water conservation have been achieved by the proposed development. The certificate also identifies various measures to be shown on the Development Application plans to ensure these targets are maintained through to the construction phase. Standard conditions of consent requiring the continued compliance of the development with the SEPP have been included in the “Recommendation” section of this report.

 

9.1.3          Policy Controls – Section 79C(1)(a)

 

9.1.3.1      Development Control Plan – Matraville Town Centre

The relevant provisions of the Development Control Plan – Matraville Town Centre are addressed as follows:

 

Clause

Control

Comments

3.1

Site Analysis

 

 

Submit a details Site Analysis, based on a survey drawing produced by a qualified surveyor

Submit a written statement demonstrating how the design responds to constraints and opportunities identified in the Site Analysis

Satisfactory. The application includes relevant information to demonstrate the relationship between the proposed building and the surrounding existing developments.

3.2

Site Requirements / Amalgamation

 

 

Ensure that development / redevelopment / amalgamation does not adversely affect or limit the future development potential of adjacent and adjoining sites

The proposal will not adversely affect the future development potential of the adjoining sites.

3.3

Building Envelopes

 

 

3.3.2 Heights

If a supermarket is included in a development where nominated, a 6th storey may be considered with the 5th and 6th storeys setback from the floor below of 4 metres.

The proposal has been amended from the original scheme and is now 5 storey in height, which complies with the LEP standard.

 

Floor to ceiling heights:

Ground/Storey 1 = 3.5m + 0.8m floor slab/ceiling space

Storey 2 to 6 = 2.7m + 0.2m floor slab/ceiling space

Maximum height to underside of topmost ceiling (up to storey 6): 18.6m

The revised proposal complies with the floor to ceiling height controls.

 

 

 

3.3.3 Depth

Development fronting Bunnerong Road, Beauchamp Road, Daunt Avenue, Baird Avenue, Perry Street and Franklin Street = Maximum 16m

 

Development fronting a lane and development at the rear of a lot = 8m

 

The residential component of the building fronting Bunnerong Road has an envelope depth of 14.64m and the building at the rear has a depth of 8m.   

 

Within the maximum building envelope depth:

-   Articulate the building façade

-   Design apartments so that the maximum glass to glass dimension is 14m

 

Balconies may extend outside the maximum building envelope depth by up to 600mm, but may not extend beyond the property boundary

The building is well articulated with balconies and a combination of finishes and materials.

 

All apartments are dual aspect with the glass-to-glass dimension of less than 14m. Complies.

 

 

 

3.3.4 Setback & Separation

Development fronting Bunnerong Road, Beauchamp Road, Daunt Avenue, Perry Street and Franklin Street:

No setback from the street edge up to and including 4 storeys

4m from the street edge for any storeys higher than 4.

 

A minimum 1.5m x 1.5m splay corner at ground level at the intersection of two roads. No walls or planting higher than 600mm may be located within the splay corner.

The building fronting Bunnerong Road generally complies with the setback requirements from Bunnerong Road except a small section of the lift and associated lobby at the 5th floor level that encroaches into the setback zone by up to 1m. The encroachment is considered to be minor as it only relates to a small section of the wall and is setback from the perimeter of the building and will not be prominent from Bunnerong Road.

 

 

 

Setback all development by a minimum of 9m from adjoining sites in a Residential zone.

Landscape this setback, preferably with a substantial deep soil zone.

This setback may be suitable for use as private open space for development at the rear of a lot.

The setback of the proposed rear building from the rear boundary varies from 8.4m to 9m. Partly complies.

 

The proposed setback from the rear boundary is considered to be acceptable as the variation is relatively minor (i.e. 600mm) and is partly due to the alignment of the subdivision pattern and will not result in any adverse impact upon the amenity of the adjoining neighbours.

 

No side setbacks are required in the commercial zone.

The site is within a 3B Zone and no side setback is required. Satisfactory.

 

For sites with rear lane or rear lot development, provide an internal courtyard garden with a minimum separation between buildings of 12m.

A landscape podium with a minimum separation of approximately 12m is provided between the front and rear buildings. Complies. 

3.4

Opportunity Locations

 

 

3.4.1 Supermarket

Amalgamate a minimum site area of 1700sqm in the general locations indicated on the map.

N/A.

3.5

Building Design

 

 

3.5.1 Active Frontages

- Provide a continuous and active zero setback business frontage on the ground floor in Perry Street.

- Maximise street level activity (e.g. by wrapping shopfronts around corners) and minimise blank walls at ground level.

- Maximise glazing for retail / commercial uses, but break large glazed shopfronts into discrete sections to ensure visual interest.

- The use of opaque or reflective glass which obscures uses on the ground floor is discouraged.

- Ensure that any grilles or transparent security shutters to retail frontages offer a minimum of 70% transparency.

- Incorporate outdoor dining in cafes and/or restaurants wherever possible.

- Recess doors to ensure they do not encroach over the footpath when open.

A retail tenancy with continuous shopfront is provided at the ground floor level fronting Bunnerong Road, which is considered satisfactory and will not undermine the town centre character of the area.

 

 

3.5.3 Awnings

- Provide continuous street frontage awnings to all new development. Generally awnings should be a minimum 3m deep.

- Setback awnings a minimum of 600mm from the kerb.

- Design new awnings to be complimentary with their neighbours, and aligned with the general alignment of existing awnings in the street.

- Cantilever awnings from the buildings with a minimum soffit height of 3.5m.

- Provide under awning lighting to improve public safety.

- Colonnades along the street edge are inappropriate in this context.

- Signage on canvas blinds is inappropriate.

A continuous awning is provided along the Bunnerong Street frontage and has been design in accordance with Council’s requirements. Satisfactory.

 

3.5.3 Balconies

- Provide a primary balcony / terrace for each apartment, directly accessible from the main living area.

- Ensure that the primary balcony has a minimum depth of 2.5m, and a minimum area of:

§ 6m2 for studio / 1-bedroom unit

§ 10m2 for 2- / 3-bedroom unit

- Ensure that the primary balcony extends the living space with proportions that accommodate outdoor furniture and space for plants.

- Ensure that additional balconies have a minimum depth of 1.5m

- Orientate balconies to maximise solar access. Ensure that the longer dimension of any balcony is outward facing to maximise light penetration into the interior of each apartment. Design the depths of balconies to ensure that sunlight enters the lower apartments in the building.

- Ensure that the undersides of balconies exhibit a well designed, completed appearance from the street.

- Design balustrades to take advantage of views and improve community safety by allowing surveillance over the street and other public areas while providing for safety and visual privacy.

- Include sunscreens, pergolas, shutters and operable walls to enhance design and liveability, respond to the local climate and site context, reduce road noise impacts and assist visual privacy.

- Wherever possible, integrate permanent landscaped features into balcony design. Winter gardens may be included on the western elevation.

- Retractable awnings may be included above the 4th storey.

- Residential balconies must not extend beyond the property boundary.

The proposed balconies comply with the minimum dimensions required under the DCP.

 

The balconies are accessible from the main living areas of each dwelling.

 

All dwellings have balconies oriented to maximise solar access.

 

The balconies will enable casual surveillance of Bunnerong Road and the internal podium landscaped area.

 

Louvres and other sun shading devices have been included to respond to the local climate and assist in articulating the built form.

 

The proposed balconies do not exceed beyond the property boundary.

 

3.5.4 BASIX

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

 

3.5.5 Facades

- Articulation

- Address the street

- Emphasise verticality at street corners

- Adopt a modular form that reflects the narrow shop width of older buildings and lots in the town centre (6-8m). Align the building with its neighbours.

- Ensure that shutters, louvres and other façade features do not encroach over Council’s road reserve.

- The façade expresses a bottom, middle and top related to the overall proportion of the building.

- Light weight structures, sunshade devices and etc. may penetrate the Building Envelope (but not the property boundary) by a maximum of 1.5m.

- Avoid curtain walls, large expanses of glass and concrete.

- Where new development leaves exposed party walls adjacent to existing, lower buildings, improve the appearance of the exposed section of the party wall with colour, modulation and articulation.

·       The Bunnerong Road facade is appropriately articulated with recessed balconies, external louvres and a combination of finishing materials, which will improve their presentation to the street. 

·       A communal landscaped podium is provided in between the two buildings, which will minimise overshadowing and visual impacts.

·       The ground floor retail tenancy incorporates clear glazing, which will provide activation and casual surveillance of the street.

 

 

 

3.5.6 Materials and Finishes

- Combine difference materials and finishes to assist building articulation.

- The following materials are considered incompatible: large wall tiles, rough textured render, curtain walls and reflective glass

- Avoid large expanses of any single material to facades.

Satisfactory.

 

3.5.7 Mobility and Access

- Achieve building / retail / commercial entrances which are flush with the footpath / external ground level, or provide a suitably ramped alternative.

- Provide facilities as required by AS1428.

- Use appropriate gradients and materials, including slip resistant materials, tactile surfaces and contrasting colours.

Advisory conditions are recommended, as a precautionary measure, to require compliance with the Disability Discrimination Act and relevant provisions of the Australian Standard.

 

3.5.8 Public Art

- Create site specific artworks which respond and contribute to the site and development.

- Locate public art in areas offering the public a free and unobstructed experience of the work.

- Submit an Arts statement which identifies the reasons for the chosen themes, and their interpretation into specific treatments with the DA.

No public art proposed.

 

3.5.9 Roof Forms

- Wholly contain lift overruns and service plant within roof structures or roof lines.

- Minimise the bulk and mass of roofs and their potential for overshadowing.

- Design roofs to generate a visually interesting skyline and minimise apparent bulk.

- Relate roofs to the size and scale of the building, the building elevation and the three dimensional building form.

- Consider the sustainability benefits of landscaped ‘green roofs’ and appropriately shaded areas. Domestic roof forms and features such as attic or dormer windows in the roof are inappropriate within the town centre context.

Satisfactory.

 

3.5.10 Signage

Not applicable.

3.6

Access

 

 

3.6.1 Parking

- Incorporate parking within and/or beneath the building. Car parking areas may be designed as ground level parking provided that:

The roof is landscaped as a courtyard garden; and

The design results in building frontages level with the street

- Parking provisions shall be in accordance with DCP – Parking, the RTA Guidelines and Australian Standards.

- Tandem parking may be considered where these spaces are attached to the same Strata Title comprising a single apartment, subject to consideration of the maximum parking limit.

- Design parking to ensure pedestrian safety.

- Provide on-site bicycle parking in accordance with DCP – Parking.

- Include natural ventilation to basement and semi-basement car parking. Integrate ventilation design into the façade of the building, or parking structure, by treating it with appropriate features such as louvres, grilles, planting or other landscape elements.

The proposed parking is incorporated into the basement levels.

 

Refer to the Development Engineer’s comments above for detail discussion regarding the parking provisions.

 

On-site bicycle parking is provided at the upper basement level.

 

 

 

3.6.2 Vehicle Access

- Provide vehicle access from rear lanes and side streets.

- Design driveways to minimise visual impact on the street and maximise pedestrian safety. Setback any rear lane garage doors 1m from the laneway alignment.

- Integrate water runoff management into the design of driveway ramps and entrances.

- Avoid locating access ways adjacent to the doors or windows of habitable rooms.

- Design vehicular access in accordance with AS2890.1 or AS2890.2.

- Internal driveways must be a minimum of 5.5m clear width for the first 6m inside the property to allow entering and exiting vehicles to pass freely. Should the driveway narrow beyond the first 6m, a minimum splay of 1.5m x 1.5m must be provided to allow the passing to work.

Vehicle access to the basement car park is provided via a shared common driveway from Bunnerong Road.

 

The driveway design has been assessed by the RTA and Council’s Development Engineer. No objections are raised in relation to the location, dimension and configuration of the access facilities, subject to conditions.

 

Satisfactory, subject to conditions.

 

3.7

Dwelling Design

 

 

3.7.1 Apartment mix

- Provide a mix of studios, 1, 2 and 3 or more bedroom apartments in varying layouts. On some smaller sites it may be appropriate to limit the mix to studio and/or 1 bedroom apartments.

- Consider the design needs of those who work from home.

- To ensure access for people with a disability, provide accessible / adaptable apartments at the following rates:

0-14 apartments: 0

- Consider apartment designs with sufficient flexibility to allow future low cost modifications to bathrooms and kitchens.

The proposal includes a mix of studio, 1 and 2 bedroom apartments, which will cater for different household needs in the area.

 

The apartment mix is as follows:

 

- 3 x studio;

- 1 x 1 bedroom;

- 5 x 2 bedroom; and

- 1 x 2 bedroom with study.

 

Satisfactory.

 

3.7.2 Apartment Size & Layout

- Achieve the following minimum apartment sizes:

Studio: 40m2

1-bedroom cross-through / cross-over: 50m2

2-bedroom corner: 80m2

2-bedroom cross-through / cross-over: 90m2

2-bedroom corner with study: 120m2

 

- Achieve the following minimum clear internal widths:

Studios: 3.5m

1, 2 & 3-bedroom units: 4.5m

Cross-over / cross-through units more than 18m: 4m

 

- Achieve the following minimum room dimensions (room area / minimum wall):

Main bedroom: 12m2 / 3m

Other bedrooms / dining rooms: 9m2 / 2.5m

Living room: 15m2 / 3.5m

 

- Submit drawings that indicate furniture layouts.

 

- Design apartment layouts that maximise site opportunities and respond to the natural and built environment.

 

- Design apartments that are sufficiently flexible to allow a variety of uses for rooms / spaces to ensure apartments meet residents’ needs over time.

The size of the apartments are as follows:

 

Studio = 44sqm and 48.5sqm

1 bedroom = 62sqm

2 bedroom = varies from 79sqm to 106sqm

 

Satisfactory.

 

3.7.3 Home Offices

Not applicable.

 

3.7.4 Internal Circulation

- Maximise the amenity of circulation spaces by providing generous spaces e.g. high ceilings, wide corridors.

- Optimise the number of vertical circulation points and minimise the number of apartments per corridor.

- Provide clear sightlines by ensuring that no apartment is more than 12m away from a lift.

- Ensure that corridors are wide enough to allow 2 people walking in opposite directions, each carrying luggage or shopping parcels, to comfortably pass each other without disturbance.

- Optimise security by grouping apartments to a maximum of 10 around a common lobby.

- Provide natural daylight to circulation spaces wherever possible.

The staircase and the corridors have sufficient width to allow 2 people walking in the opposite directions and the circulation area does not contain any blind spot or hidden area, and will not create safety issues for the occupants. Satisfactory.

 

 

 

3.7.5 Storage

- Provide accessible and adequate storage facilities at the following rates per apartment:

Studio & 1-bedroom: 6m3

2-bedroom: 8m3

3-bedroom: 10m3

 

- Provide at least 50% of this storage facility within the apartment, accessible from either a hall or a living space. The remaining 50% may be provided in a safe and secured area remote from the apartment.

All dwellings have adequate storage spaces within the dwelling. Satisfactory. 

 

3.7.6 Clothes Drying

- Provide dedicated external clothes drying areas for all apartments.

- Additional balconies may be considered appropriate for this purpose, provided that they are screened from public areas.

No external clothes drying area is provided. However, the dimensions of the balconies for each dwelling are capable of being use for cloth drying purposes and will not be prominent from the street.  

3.8

Amenity

 

 

3.8.1 Natural Daylight, Overshadowing  & Solar Access

- Maintain sunlight access to private and public open space and north-facing habitable rooms of adjoining development for at least 3 hours between 9am and 3pm on 21 June.

- Ensure that building layouts facilitate good solar access to both internal and external living areas.

- Maximise any northerly aspect and optimise the number of north facing windows. Shade north facing windows with roof eaves, verandahs or balconies, awnings, or other horizontal shading devices.

- Provide adjustable shade devices suitable for lower sun angles to openings on the eastern and western facades.

- Incorporate appropriately designed double glazed or energy efficient glass skylights and clerestory windows to improve daylight levels wherever possible.

- Do not use coloured / opaque glass as a shading device.

- Protect roof terraces with shade, cloth, planting, pergolas.

- Ensure that living spaces of at least 70% of apartments in any new development receive a minimum of 3 hours sunlight between 9am and 3pm on 21 June, unless existing overshadowing prevents this.

·       Due to the orientation of the site, the southern adjoining dwelling will be overshadowed by the proposed development. However, it should be noted that the proposed building fronting Anzac Parade is 14.64m in depth, which is slimmer than the 16m allowed under the DCP. The slimmer building will allow greater solar access to the southern adjoining property.

 

·       The proposal has been designed in accordance with the building envelope controls, and all balconies and major windows are oriented to east and west to allow reasonable solar access to the internal and external living areas.

 

·       Sun shading devices are proposed where appropriate.

 

·       Due to the orientation of the site, 8 out of 10 apartments (i.e. 80% of the total dwellings) will receive 3 hours sunlight to the internal living area at winter solstice. 

 

Overall, the revised proposal is considered satisfactory in this regard.

 

 

3.8.2 Natural Ventilation

- Ensure all apartments are single loaded or dual aspect to allow the direct flow of air.

- Maximise natural ventilation to each apartment by:

Locating small windows on the windward side.

Selecting and designing windows that can be reconfigured to catch prevailoing breezes (e.g. vertical louvred / casement windows).

Use higher level casement or sash windows, clerestory windows, operable fanlight windows.

Minimising interruptions to airflow within individual apartments

Grouping rooms with similar uses together.

The proposal has been designed to maximise natural ventilation by providing dual aspect apartments. Satisfactory.

 

3.8.3 Privacy – Acoustic

- Construct all residential buildings so that they achieve AS 2107: 2000

- Submit a noise and vibration assessment where appropriate.

- Provide adequate building separation within the development and from neighbouring buildings.

- Locate busy, noisy areas next to each other.

- Locate bedrooms away from busy roads and other noise sources.

- Use storage or circulation zones within the apartment to buffer noise

- Minimise the amount of party walls with other apartments

- Provide seals at entry doors.

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

 

Overall, the proposed development is considered to be acceptable subject to appropriate conditions.  

 

3.8.4 Privacy – Visual

- Separating communal open space, common areas and access routes from windows of rooms.

- Changing the level between ground floor apartments and the public domain or communal open space.

- Maximise visual privacy by providing the following minimum separation between buildings:

Between habitable rooms 12m

Between habitat room and balconies / non-habitable rooms 9m

Between non-habitable rooms 6m

- Offsetting windows.

- Recessing balconies between adjacent balconies.

- Using solid or semi-solid balustrades for balconies.

- Using louvres or screen panels to windows and balconies.

- Providing landscape screening

- Incorporating planter boxes into walls or balustrades.

- Utilising pergolas or shading devices to limit overlooking.

The proposal has been designed to minimise direct overlooking of rooms and private open spaces and complies with the relevant performance criteria for visual privacy.

 

3.8.5 Safety & Security

- Provide design that does not allow access from balconies, roofs, windows or awnings.

- Orientate entrances towards the public street.

- Provide direct and well-lit access between car parks and apartments.

- Provide clear lines of sight between spaces.

- Provide separate entrances for pedestrians and vehicles, commercial and residential occupants.

- Consider audio and video intercom / key access system.

Separate entries have been provided for the residential and commercial uses.

 

The car parking areas have clear sightlines, with no hidden or blind spots.

 

The development is considered to be satisfactory in terms of safety and security.  

3.9

Site Design

 

 

3.9.1 Courtyard Gardens & Other Landscaped Open Space

- Minimum courtyard depth of 12m.

- Incorporate indigenous trees, shrubs and ground covers where appropriate.

- Maximise deep soil zones.

- Ensure that vegetation comprises primarily local native plant species.

- Submit a Landscape Plan prepared by a Landscape Architect.

The landscape podium has a depth of approximately 12m. Raised planter boxes are provided to facilitate tree and shrub planting. Satisfactory.

 

3.9.2 Service and Utilities

Depending on the total development cost:

- Replacement of overhead wires with underground cables in the vicinity of the development site; or

- Replacement of overhead wires with aerial bundled cables.

To be required by conditions.

 

3.9.3 Stormwater Management

Satisfactory, subject to conditions.

 

3.9.4 Waste Management

- For each apartment, provide a temporary storage area of sufficient size to hold a day’s waste and enable separation.

- Provide separate waste storage areas for residential and commercial waste.

- Screen all waste and services areas from adjoining properties.

- Ensure that bins can be easily transported from waste storage areas to collection points.

Separate garage areas are provided for the residential and commercial / retail components, which are conveniently accessible. Satisfactory.

 

9.1.3.2      Development Control Plan – Parking

The DCP - Parking provides the following car parking provisions for multi-unit housing.

 

 

Rate

Requirement

Proposed

Business Premises

1 space per 40sqm GFA

96/40=2.4(2)

15 spaces provided including a dedicated space for delivery.

Studio

1 per two dwellings

Total requirement = 12 spaces (i.e. 1.5 spaces for studio, 1 space for 1 bedroom and 7.2 spaces for 2 bedroom and 2.5 spaces for visitors)

1 Bedroom

1 per 1 bed or bedsit over 40m2

2 Bedroom

1.2 per dwelling

3 + Bedroom

1.5 per dwelling

Visitor

1 per 4 dwellings

TOTAL

14.6 (15)

Bicycle

1 per 3 dwellings and 1 visitor per 10 dwellings

10/3=3(Resident)

10/10=1(visitor)

5 spaces are provided

Carwash bay

1 per 12 dwellings

N/A

N/A

 

9.1.3.2      Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost more than $200,000

$2,466,493.70

1%

$24,664.95

 

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

 

9.2.1          Impact on adjoining development

Building Design, Materials and Aesthetics

The revised building design has improved substantially and is generally supported by the Design Review Panel as detailed in Section 9.1.2 above.  The overall design of the building is well accomplished, the scale & material palette are well handled and the bulk of the development has been addressed by the deletion of the 6th floor and setting the upper level back from the edge of the building.

 

The revised proposal will have a design and visual character that will enhance the streetscape through the introduction of a strong building edge along Bunnerong Road.

 

Overall, the proposal will have a modern façade combing face-brickwork, rendered elements with feature materials for louvres, sunshades and balconies, all of which will generally contribute to an enhancement of the streetscape and character of the Matraville Town Centre. The proposed building design and appearance are compatible with other mixed use/multi-unit development along Bunnerong Road in the locality and is consistent with the desirable future character of the Matraville Town Centre as envisaged by the Matraville Town Centre DCP.

 

Noise

There are provisions under the Protection of the Environment Operation Act 1997 that protect the amenity of residents in relation to noise and vibration issues.

 

Accordingly, appropriate conditions are included in the recommendation of this report should the approval be granted, to ensure the noise and vibration emissions during the construction of the building and associated site works are carried out within the permitted hours and must not result in an unreasonable loss of amenity to nearby residents.

 


Views

Whilst the subject site and surrounding land are relatively flat, the height of the proposed development may give rise to loss of district views for some residents in the vicinity of Daunt Avenue, Stewart Street and Milne Avenue. An inspection of properties in these streets in relation to the proposed development would indicate that this potential loss of view, whilst unavoidable, will not warrant any amendment to, or refusal of, the proposed development. In some instances the loss will be minor due to the distance of the proposal and the slope of the land. Furthermore, the commercially zoned land in the locality is in transition with potential for redevelopment to higher densities in the future such that the preservation of district views is not feasible or reasonable.

 

Overshadowing

The proposed development will result in additional shadow impacts of the adjoining property to the south of the subject site at No. 493 Bunnerong Road. Shadow diagrams submitted with the application indicate that the proposed development will result in the loss of sunlight to some of the north-facing windows in the building located on No. 493 Bunnerong Road during the hours of 9am to 3pm on 21 June. In addition, there will be some additional shading over the rear of No. 493 Bunnerong Road during this period.

 

Whilst it is acknowledged that the proposed development will result in additional shading of No. 493 Bunnerong Road. These impacts are considered to be acceptable for the following reasons:

 

·       No. 493 Bunnerong Road is located in the 3B Business zone, not a residential zone and it is anticipated that No. 493 Bunnerong Road would potentially be redeveloped to a similar scale as the proposed development at No. 491 Bunnerong Road at some time in the future.

 

·       The revised proposal complies with the relevant building envelope controls under the DCP (i.e. maximum building height, depth, separation and setbacks).

 

·       The proposed development is in two main building forms with a raised courtyard area located between the two building bulks. The nature of the design is such that it provides for sunlight penetration to the centre of the adjacent site to the south at No. 493 Bunnerong Road, which would provide for adequate sunlight access for that adjacent property if it was to be developed in a similar manner in the future.  

 

9.2.2   Social and Economic Impacts - S79C(1)(b)

The proposal will have positive social and economic impacts on the locality as it will increase the availability of housing with a wide range of dwelling types and sizes including the dedication of affordable dwellings by way of a voluntary planning agreement to Council and improve the vitality & viability of the Matraville Town Centre.

 

The effect of the proposal would be to bring more people to the site and the demographic characteristics of this population are likely to include, single person or share households; young couples such as first home buyers; and ‘empty nester’ households. It is likely that there will be a mix of income amongst residents with some units being owner occupied and others being rented. The added population will generate additional needs for business, employees and patrons in Matraville Town Centre which will in turn encourage the location of services and facilities into the area. The increase in density is not considered to generate an unreasonable demand on the availability of services.

 


9.3    Ecologically Sustainable Development

In line with the Local Government Amendment (Ecologically Sustainable Development) Act 1997, Council requires appropriate consideration to be given to the principles of Ecologically Sustainable Development (ESD) in the assessment of development applications.

 

The proposed development is located in an area well served by public buses along Bunnerong Road, linking the subject site to the CBD, Railway Square, Bondi Junction and Randwick Junction. The introduction of residential uses close to commercial areas served by good public transport linkages is not only desirable but also in keeping with an increasing trend towards the promotion of public transport usage as a primary means of enhancing ecological sustainability and the reduction of greenhouse gases in the Sydney region. The proposal would assist in encouraging the use of public transport in line with the ESD principles.

 

A BASIX certificate for the residential component in the proposal was provided by the applicant which indicates achievement of the relevant water conservation, energy efficiency and thermal comfort criteria. A condition will be applied requiring the proposal to be implemented in accordance with the criteria set out in the BASIX certificate.

 

The proposal is considered acceptable in relation to Ecologically Sustainable Development issues.

 

9.4    Site Suitability - S79C(1)(c)

The site is located within the Matraville Town Centre and has convenient access to the local and regional transport network. Commercial and retail uses are within walking distance from the site. The site has sufficient area to accommodate the proposed land uses and structures. Therefore, the site is considered suitable for the proposed development.

 

9.5    Issues raised in submissions - S79C(1)(d)

The issues raised in resident submissions have been addressed in relevant sections of this report.

 

9.6    The public interest – S79C(1)(e)

The proposed development will provide the local community with high quality housing and takes advantage of its proximity to the full range of transport services and urban facilities in the existing Matraville town centre. Additionally, the proposal will assist in creating a vibrant and sustainable town centre for the benefit of both business interests and local residents.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

Key Action:       Encourage and reward design excellence and sustainability.

 

Financial Impact Statement

 

Not applicable.

 

Conclusion

 

The proposed development is permissible with consent of Council and the revised proposal complies with the relevant development standards of the LEP and the relevant objectives and performance criteria of the DCP. Where compliance with relevant performance criteria has not been achieved (i.e. setback), the amended proposal is considered to be acceptable and achieves the relevant objectives of the controls.

 

The proposal will introduce a suitable mixture of residential and commercial/retail uses, which will reinforce the long-term vibrancy of the Matraville Town Centre. The proposed development will present as a contemporary building of appropriate architectural design, which will enhance the streetscape character of Bunnerong Road.

 

Given that the proposal will potentially affect the on-going health of the existing trees on the neighbour’s property at No. 493 Bunnerong Road, it would be necessary for the applicant to obtain the consent from the owner of No. 493 Bunnerong Road for the removal of the affected trees. In this regard, the subject application is recommended for approval subject to deferred commencement condition.

 

 

Recommendation

 

A.       That Council as the responsible authority grant its development consent as a “Deferred Commencement” under Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application DA/907/2009 for the demolition of the existing dwelling and construction of a part 3/part 5 storey mixed use development in two building forms comprising a retail tenancy at ground level, 10 residential dwellings and 2 levels of basement parking for 15 vehicles at 491 Bunnerong Road, Matraville, subject to the following conditions:  

 

Deferred Commencement Conditions:

 

The consent is not to operate until the applicant satisfies the Council in accordance with the Regulation, as to the matters specified in the following condition:

 

1.       The applicant must provide written consent from the adjoining property owners at 493 Bunnerong Road for the removal of the row of four Eucalyptus robusta (Swamp Mahogany) within No. 493 in order to accommodate the proposed development.

 

Evidence required to satisfy the above condition must be submitted to Council within 12 months of the date of this consent.

 

Development Consent Conditions

 

B.     Subject to compliance with the deferred commencement conditions, to the satisfaction of the Director of city Planning, development consent is granted under section 80 & 80A of the Environmental Planning and Assessment Act 1979 subject to the following conditions:

 

Referenced Plans:

 

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

 

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

 

 

 

Plan Number

Revision

Prepared by

Plot Date

Received on

DA01

B

Architectural Solutions

May 10

02/09/10

DA02

E

-

07/09/10

DA03

B

May 10

07/09/10

DA04

B

May 10

02/09/10

DA05

B

May 10

11/06/10

DA06

B

May 10

11/06/10

DA07

B

May 10

11/06/10

DA077

B

May 10

07/09/10

DA08

B

May 10

11/06/10

DA09

B

May 10

11/06/10

DA10

D

-

07/09/10

DA11

D

-

07/09/10

       

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

 

2.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the details shown on colour finishes image received by Council on 4 December 2009.

 

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

         

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

 

4.       The enclosure of balconies is prohibited by this consent.

 

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

 

6.       Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

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

 

8.       A ceiling fan must be installed in each bedroom of all proposed residential units within the development. Details are to be provided in the Construction Certificate documentation to the satisfaction of the Principal Certifying Authority.

 

9.       A separate Development Application and Construction Certificate or a Complying Development Certificate (as applicable) must be obtained with regard to the proposed usage of the retail tenancy at ground floor level.

 

10.     The proposed development (except the awning over the footpath) must not encroach onto Council’s land (i.e. airspace).

 

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

 

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

 

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

 

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

 

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

 

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

 

·           Stormwater management (i.e. rainwater tanks)

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

·           Landscaping provisions

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

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

 

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

 

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

 

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

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost

$100,001 - $200,000

------

0.5%

------

Development Cost

More than $200,000

$2,466,493.70

1%

$24,664.95

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

In relation to residential building work, the principal contractor must be the holder of a contractor 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 another certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

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

 

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

 

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

 

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,

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

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

 

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

 

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

 

23.     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 must also be provided to Council with the occupation certificate.

 

24.     In accordance with clause 98 of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition, that in the case of residential building work, a contract of insurance must be obtained and in force, in accordance with the provisions of the Home Building Act 1989.

 

Where the work is to be done by a licensed contractor, excavation or building work must not be carried out unless the Principal Certifying Authority (PCA):

·       has been informed in writing of the licensee’s name and contractor number; and

·       is satisfied that the licensee has complied with the insurance requirements of Part 6 of the Home Building Act 1989, or

 

Where the work to be done by any other person (i.e. an owner-builder), excavation or building work must not be carried out unless the Principal Certifying Authority:

 

·       has been informed of the person’s name and owner-builder permit number, or

·       has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $5,000.

 

Details of the principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA / notice of intention to commence building work.

 

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

 

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

 

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

 

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

 

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

 

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

 

27.     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.

 

The following group of conditions have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

28.     Documentary evidence prepared by a suitably qualified professional geotechnical engineer shall be submitted to the certifying authority prior to the issuing of a construction certificate, certifying the suitability and stability of the site for the proposed building and certifying the suitably and adequacy of the proposed design and construction of the building for the site.

 

29.     A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of potential vibration emissions.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises.

 

Any practices or procedures specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises, must be fully complied with and incorporated into the documentation for the construction certificate.

 

A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

 

30.     Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is submitted to the certifying authority, prior to the issuing of a construction certificate, which demonstrates that damage should not occur to any adjoining premises and public place as a result of the works.

 

Any practices or recommendations specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises or land must be fully complied with and incorporated into the documentation for the construction certificate.

 

31.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc.) located upon      all of the premises adjoining the subject site.

 

The report is to be supported with photographic evidence of the status and condition of the buildings and a copy of the report must also be forwarded to the Council and to the owners of each of the abovestated premises, prior to the commencement of any works.

 

32.     The installation of ground or rock anchors underneath any adjoining premises including (a public roadway or public place) must not be carried out without specific written consent of the owners of the affected adjoining premises (including the Council if bounding a public place) and details of compliance must be provided to the certifying authority prior to the commencement of any excavation or building works.

 

33.     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, which certifies that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

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:

 

34.     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.

 

35.     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).

 

36.     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.

 

37.     A report prepared by a suitably qualified and experienced consultant shall be submitted to the Principal Certifying Authority (PCA) and a copy is to be provided to Council upon commencement of works (or as may otherwise be specified by the PCA or Council), certifying that noise and vibration emissions from the construction of the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, Councils conditions of consent and relevant Standards relating to noise and vibration.  In support of the above, it is necessary to submit all relevant readings and calculations made.

 

Any recommendations and requirements contained in the report are to be implemented accordingly and should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to the PCA and Council.

 

38.     A Registered Surveyor’s check survey certificate or compliance certificate is to 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), detailing compliance with Council’s approval at the following stage/s of construction:

 

a)     Prior to construction of the first completed floor/floor slab (prior to pouring of concrete), showing the area of land, building and boundary setbacks and verifying that the building is being construction at the approved levels.

 

b)     On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks and verifying the building has been constructed at the approved levels.

 

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

 

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

 

40.     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.

 

 

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

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

 

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

 

d)     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.

 

e)     A temporary timber, asphalt or concrete crossing is to be provided to the site entrance across the kerb and footway area, with splayed edges, to the satisfaction of Council, unless access is via an existing concrete crossover.

 

f)      The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to Council.

 

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

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

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

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

 

42.     A Construction Site Management Plan is to be developed and implemented prior to the commencement of demolition, excavation or building 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 provisions.

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 convenience, to the satisfaction of Council.  A copy of the approved Construction Site Management Plan must be maintained on site and be made available to Council officers upon request.

 

43.     During demolition excavation and construction works, dust emissions must be minimised, so as not to result in a nuisance to nearby residents or result in a potential pollution incident.

 

Adequate dust control measures must be provided to the site prior to the works commencing and the measures and practices must be maintained throughout the demolition, excavation and construction process, to the satisfaction of Council.

 

Dust control measures and practices may include:-

·       Provision of geotextile fabric to all perimeter site fencing (attached on the prevailing wind side of the site fencing).

·       Covering of stockpiles of sand, soil and excavated material with adequately secured tarpaulins or plastic sheeting.

·       Installation of a water sprinkling system or provision hoses or the like.

·       Regular watering-down of all loose materials and stockpiles of sand, soil and excavated material.

·       Minimisation/relocation of stockpiles of materials, to minimise potential for disturbance by prevailing winds.

·       Revegetation of disturbed areas.

 

44.     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.

 

Details of the proposed sediment control measures are to be detailed in the Site Management Plan and must be submitted to and approved by the principal certifying authority prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the approved details must be forwarded to the Council and a copy is to be maintained on-site and be made available to Council officers upon request.

 

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.

 

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.

 

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.

 

A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

45.     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.

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the site. 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 the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

Temporary fences and hoardings 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 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.

 

46.     A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the site which comprise:-

·       any works or hoisting of materials over a public footway or adjoining premises, or

·       any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.

 

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 hoardings, site fencing or amenities upon a footpath 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.

 

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

§   Australian Standard 2601 (2001) – Demolition of Structures

§   Occupational Health and Safety Act 2000

§   Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

§   WorkCover NSW – Guidelines and Codes of Practice

§   Randwick City Council’s Asbestos Policy

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

 

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

 

The 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 and removal of asbestos

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

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

§   Methods and location of disposal of any asbestos or other hazardous materials

§   Other relevant details, measures and requirements to be implemented as identified in the Asbestos Survey

§   Date the demolition and removal of asbestos will commence

 

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

 

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

 

a)     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 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.

 

c)     On 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.

 

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

 

e)     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 upon completion of the works prior to an Occupation Certificate being issued, which confirms that the asbestos material have been removed appropriately and the relevant requirements contained in the Asbestos Survey and conditions of consent in relation to the safe removal and disposal of asbestos, have been satisfied.

 

The following conditions are applied to provide access and facilities for people with disabilities:

 

50.     Access, facilities and car parking for people with disabilities must be provided to and within the building in accordance with the relevant provisions of the Building Code of Australia and AS1428.1, AS4299 & AS2890.1 and relevant Council development control plans for the subject development, to the satisfaction of the Certifying Authority.  Details of the proposed access, facilities and car parking for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

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

 

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

 

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

 

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

 

53.     A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the certifying authority and Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s approval, to the satisfaction of Council’s Manager of Health, Building & Regulatory Services.

 

54.     A separate development application and construction certificate or a complying development certificate (as applicable) must be obtained if the retail tenancy is to be used at any time for any of the purposes detailed below:

·       All food businesses (including premises used for the sale, storage, preparation and distribution of food and drinks)

·       Hairdressing salons, Beauty salons, Businesses involving Skin Penetration & Piercing, Massage businesses

·       Licensed premises, places of public entertainment and hotels

·       Places of Shared Accommodation (including Boarding / Lodging Houses, Bed & Breakfast businesses, Backpackers, Residential Hotels or the like

·       Premises which have a Cooling Tower or Warm Water System

·       Business providing any form of sexual service (i.e. brothel or the like).

 

Business premises which are used for these purposes must comply with relevant public health and safety legislation and requirements and they must be registered with Council prior to an Occupation Certificate being issued for the development. The relevant registration and inspection fee is also required to be paid to Council in accordance with Council’s adopted Pricing Policy.

 

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

 

55.     The residential units are to achieve the following internal acoustic amenity criteria:

 

a)     In naturally ventilated residential units; the repeatable maximum LAeq (1 hour) shall not exceed:

·       35 dB(A) between 10pm and 7am in sleeping areas when the windows are closed;

·       45 dB(A) in sleeping areas when windows are open;

·       45 dB(A) in living areas (24 hours) when the windows are closed, and

·       55 dB(A) in living areas when the windows are open.

 

b)     In residential units provided with mechanical ventilation, air conditioning or other complying means of ventilation, when doors and windows are shut, the repeatable maximum LAeq (1 hour) shall not exceed:

·       38 dB(A) between 10pm and 7am in sleeping areas;

·       46 dB(A) in living areas (24 hours).

 

Details of compliance with the relevant criteria is to be included in the construction certificate application and written confirmation of compliance is to be provided to the Council and the Certifying Authority, by the Acoustic consultant, prior to the construction certificate being issued.

 

Security Deposit Conditions

 

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

 

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

 

a)   $5000.00   -      Damage / Civil Works Security Deposit

 

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

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

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

 

 

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

 

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

 

Civil Works Conditions

 

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

 

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

 

a)   Construct a full width concrete (heavy duty vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

NOTE: The design and construction of the gutter crossing off Bunnerong Road shall be in accordance with RTA requirements. Details of these requirements should be obtained from RTA's Project Services Manager, Traffic Projects Section, Parramatta (Ph: 8849 2144).

 

Detailed design plans of the proposed gutter crossing are to be submitted to the RTA for approval prior to the commencement of any road works.

 

It should be noted that a plan checking fee (amount to be advised) and lodgement of a performance bond may be required from the applicant prior to the release of the approved road design plans by the RTA.

 

b)   Re-construct  kerb and gutter for the full site frontage except opposite the vehicular access point.

 

c)   Reconstruct the Bunnerong Road site frontage in accordance with Council’s Urban Elements Design Manual for the Matraville Commercial Centre. It is noted that this will include footpath reconstruction along the full site frontage.

 

NOTE: In this regard the footpath area immediately in front of the pedestrian entrance and lobby shall be kept clear of street plantings and street furniture for the purpose of a kerbside collection point for waste bins for the residential component of the development. The existing Council street tree shall also be removed (see landscape conditions).

 

58.     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.

 

59.     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.

 

Traffic & RTA conditions

 

The following conditions are applied to comply with the requirements of the RTA and Council’s Traffic Engineering section.

 

60.     All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level for a distance of 2.0m within the site or splayed 2.0m metre by 2.0 metre to provide satisfactory sight lines. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

61.     Prior to commencement of works a Road Occupancy Licence should be obtained from the RTA for any works that may impact on traffic flows on Bunnerong Road during construction activities.

 

62.     All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping.  A construction zone will not be permitted on Bunnerong Road.

 

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

 

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

 

64.     Prior to the issuing of a construction certificate for any works on the subject site, the existing building on the adjoining property at 489 Bunnerong Road must be demolished.

 

65.     Prior to the issuing of a Construction Certificate, the suitable rights of carriageway, easements for access, etc shall be created and places on the 88B Instrument as required to ensure that vehicles can legally use the proposed driveway and access ramp.

 

66.     Prior to the issuing of an Occupation certificate the full length and width of the driveway and access ramp shall be fully constructed for the development.

 

67.     All vehicles are to enter and leave the site in a forward direction.

 

68.     The proposed shared access driveway shall comply with the following requirements from Council’s Traffic Engineering section

§  One way arrows are to be painted on the exit/entry access lanes near the front property alignment

§  Two way arrows are to be painted on the access driveway immediately prior to entering the basement garages

§  A ‘Keep Left’ sign is to be placed on the median island separating the entry/exit lanes for vehicles exiting the site

§  Once the two developments at 489 & 490 Bunnerong Rd are completed, traffic priority in the access driveway shall be given to vehicles exiting the site from 489 Bunnerong Road. A Give way indicator together with appropriate line marking shall be painted on the access ramp from 490 Bunnerong road to indicate to drivers to ‘Give Way’ to drivers exiting the development at 489 Bunnerong Road.

§  All signs & line marking to be installed to Council’s satisfaction

Plans demonstrating compliance with above requirements are to be submitted to Councils Manager of Integrated Transport for approval prior to the issuing of a construction certificate.

 

69.     All works/regulatory signposting associated with the proposed development are to be at no cost to the RTA or Council.

 

70.     In accordance with Australian Standard 2890.1- 2004 (Parking Facilities, Part 1: Off-street car parking), the driveway shall be a minimum of 6.0 metres in width for a minimum distance of 6 metres from the property boundary to allow for two-way simultaneous entry and exit.

 

71.     The layout of the proposed basement carparking associated with the subject development (including driveways, grades, turning paths aisle widths, parking bay dimensions, etc) shall be in accordance with Australian Standard 2890.1:2004 (Part 1-Off street car parking) and Australian Standard 2890.2:2002 (Part 2 -Off-street commercial vehicle facilities).

 

72.     The applicant is to submit detailed design drawings and geotechnical reports relating to the excavation of the site and support structures to the RTA for assessment. The applicant is to meet the full cost of the assessment by the RTA.

 

This report shall address the following key issues:

a)   The impact of excavation/rock anchors on the stability of Bunnerong Road and detailing how the carriageway would be monitored for settlement.

b)   The impact of the excavation on the structural stability of Bunnerong Road.

c)   Any other issues that may need to be addressed. (Contact: Geotechnical Engineer Stanley Yuen on phone 8837 0246 or Graham Yip on phone 8837 0245 for details).

 

NOTE:

If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owners of the roadway are given at least seven (7) days notice of the intention to excavate below the base of the footings. The notice is to include complete details of the work.

 

73.     The minimum clear distance from the existing footpath in Bunnerong Road to the underside of the proposed awning shall be 3.00 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

74.     All new awnings shall be set back a minimum of 600mm from the face of kerb. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

75.     Upon completion of the construction of the awning, certification of the structural adequacy of the awning must be provided to the Council.

 

76.     Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system are to be submitted to the RTA for approval, prior to the commencement of any works.

 

Details should be forwarded to:

The Sydney Asset Management

Roads and Traffic Authority

PO Box 973 Parramatta CBD 2124.

  

A plan checking fee will be payable and a performance bond may be required before the RTA’s approval is issued. With regard to the Civil Works requirement please contact the RTA’s Project Engineer, External Works Ph: 8849 2114 or Fax: 8849 2766.

 

Alignment Level Conditions

 

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

 

77.     The Council’s Development Engineer has inspected the above site and have determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall be:

 

·      Graded 2.5% from the top of the existing kerb at all points opposite the kerb, along the full site frontage.

 

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

 

79.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $630 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Service Authority Conditions

 

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

 

80.     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.

 

81.     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.

 

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

 

83.     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 and the RTA, 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.

 

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

 

85.     The applicant shall meet the full cost of the overhead power lines and telecommunication cables located in the vicinity of the development site to be relocated underground and all redundant power poles to be removed. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.

 

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

 

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

 

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

 

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

 

Drainage Conditions

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

 

87.     Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be submitted to and approved by the  certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

a)       A detailed drainage design supported by a catchment area plan, at a scale of 1:100 or as considered acceptable to the Council or an accredited certifier, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run-off, 1987 edition.

 

b)       A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system. 

 

c)       Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The site must be graded to direct any surplus run-off (ie. above the 1 in 20 year storm) to the proposed drainage system.

 

d)       The separate catchment areas within the site, draining to each collection point or surface pit are to be classified into the following categories:

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

e)       Where buildings abut higher buildings and their roofs are "flashed in" to the higher wall, the area contributing must be taken as:  the projected roof area of the lower building, plus one half of the area of the vertical wall abutting, for the purpose of determining the discharge from the lower roof.

 

f)       Proposed finished surface levels and grades of car parks, internal driveways and access aisles which are to be related to Council's design alignment levels.

 

g)       The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.

 

88.     All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

89.     All site stormwater must be discharged (by gravity) to either:

 

a)     To the kerb and gutter at the front of the property;OR

b)     Council’s underground drainage system in Daunt Avenue by gravity via a private drainage easement through the adjoining private property/ies (subject to assessment of any impact on trees and dwellings on neighbouring properties); OR

 

90.     Should stormwater be discharged to Council’s street drainage system, on-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 5 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by Council.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

Should no formal overland escape route be provided for storms greater than the design storm, the on-site detention system shall be sized for the 1 in 100 year storm event.

 

For small areas up to 0.5 hectares, determination of the required cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum has to be a minimum of 2.0 metres below the base of the tank.

 

91.     The detention area must be regularly cleaned and maintained to ensure it functions as required by the design.

 

92.     Any onsite detention systems shall be located in areas accessible by residents of all units.

 

93.     The maximum depth of ponding in above ground detention areas (and/or infiltration systems with above ground storage) shall be as follows:

 

a)     300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

b)     600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10.

c)     1200mm in landscaped areas where a childproof fence is provided around the outside of the detention area

Notes:

§  It is noted that above ground storage will not be permitted in basement carparks or in any area which may be used for storage of goods.

§  Mulch/bark must not be used in onsite detention areas

 

94.     Any above ground stormwater detention areas must be suitably signposted where required, warning people of the maximum water level.

 

95.     The floor level of all habitable and storage areas adjacent to the detention area  must be a minimum of 300mm above the maximum water level in the detention area for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

96.     A childproof and corrosion resistant fastening system shall be installed on access grates over pits/trenches where water is permitted to be temporarily stored.

 

97.     A `V' drain is to be constructed along the perimeter of the property, where required, to direct all stormwater to the detention/infiltration area.

 

98.     Should stormwater be discharge to Council’s underground drainage system a reflux valve shall be provided (within the site) over any pipelines discharging from the site to ensure that stormwater from Council drainage system does not surcharge back into the site stormwater system.

 

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

 

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

 

100.    A sediment/silt arrester pit must be provided:-

 

a)  within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system; and

b)  prior to stormwater discharging into any absorption/infiltration system.

 

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

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

 

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

 

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

 

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

 

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

 

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

 

·      A sign adjacent to the pit stating:

 

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

 

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

 

101.    Prior to occupation of the development, a "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention system is maintained and that no works which could affect the design function of the detention/infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

a.  The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.

b.  The works as executed drainage plan and hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

 

102.    One car washing bay shall be provided for this development.

 

a)       The car washing bay must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to an occupation certificate being issued for the proposed development.

 

b)       The car washing bay must be located outside any required/approved stormwater detention system.

 

c)       The car washing bay shall be located within one of the visitor parking spaces and signposted with ‘Exclusive Carwash Bay Use Sat 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’

 

d)       The car washing bay/s must be constructed with a minimum 20mm bund around the perimeter of the car washing bay/s (or equivalent)

 

e)       A water tap shall be located adjacent to the car washing bay/s.

 

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

 

a)  The location of the detention basin with finished surface levels;

b)  Finished site contours at 0.2 metre intervals;

c)  Volume of storage available in the detention areas;

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

e)  The orifice size(s) (if applicable);

f)   Details of any infiltration/absorption systems; and

g)  Details of any pumping systems installed (including wet well volumes).

 

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

 

105.    Should groundwater or seepage water be encountered within the depth of the basement excavation, the basement carpark or similar structures must be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard, to the satisfaction of the certifying authority. A copy of the certification is to be forwarded to Council.

 

Notes:-

 

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

 

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

 

c)  Seepage Water must not be drained from the site

 

106.    Should groundwater or seepage water be encountered within the depth of the basement excavation a report must be submitted to and approved by the Certifying Authority or an accredited certifier, prior to issuing the Construction Certificate, detailing the proposed ongoing method of excavation and dewatering process. This report is to be prepared by suitably qualified and experienced Geotechnical, Hydrological and Structural Engineers and is to include but not limited to:

 

·       The proposed method of shoring/piling and dewatering.

·       The zone of influence of any possible settlement.

·        The location of any proposed re-injection points in relation to the property boundaries (where re-injection equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·        Monitoring of fluctuations of the water table during dewatering/construction to be undertaken by consulting engineers to ensure that the conditions of consent and other relevant requirements are satisfied.

·        The location of all proposed monitoring equipment in relation to the property boundaries (where monitoring equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·        Details of any consultation and arrangements made with owners of any potentially affected nearby premises (ie in relation to access, monitoring and rectification of possible damage to other premises).

·        Details of groundwater quality and proposed disposal of any potentially contaminated groundwater in accordance with relevant requirements of the Department of Environment & Conservation, Council and the Protection of the Environment Operations Act 1997, in an environmentally sensitive manner.

·       The location of all pumping equipment in relation to the property boundaries.

·        The proposed method of noise attenuation for all pumping equipment, so as not to be more than 5dB (A) greater than the A – weighted L90 background sound pressure level between the hours of 7am to 10pm within any residential premises and not to be audible at all between the hours of 10pm and 7am within any residential dwelling.

·        Confirmation that the proposed methods of dewatering and excavation are appropriate and in accordance with ‘best practice’ principles and should not result in any unacceptable levels of settlement or damage of the adjoining or nearby buildings within the zone of influence.

 

The dewatering process must be monitored by the consulting Engineer/s to the satisfaction of the principal certifying authority and documentary evidence of compliance with the relevant conditions of consent and dewatering requirements must be provided to the principal certifying authority and the Council.

 

The site conditions and fluctuations in the water table are to be reviewed by the consulting Engineer prior to and during the excavation/construction process, to ensure the suitability of the excavation and dewatering process and compliance with Council's conditions of consent.

 

107.    If any temporary dewatering of the site is required to facilitate construction of any part of the basement car park and/or detention tank a licence under Part V of the Water Act 1912 will be required. The licence must be obtained from the NSW Department of Water and Energy prior to installation of the works. A copy of the license agreement must be forwarded to Council prior to any dewatering being undertaken.

 

108.    A separate written approval from Council is required to be obtained in relation to any proposed discharge of groundwater into Council’s drainage system external to the site, in accordance with the requirements of Section 138 of the Roads Act 1993.

 

 

 

 

Waste Management Conditions

 

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

 

109.    The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

110.    The waste storage areas shall be clearly signposted.

 

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

 

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

 

112.    Prior to the issuing of a construction certificate the applicant shall liaise with Council’s Manager of Waste in regards to the presentation of the waste bins to the kerbside for collection.

 

Landscape Conditions

 

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

 

113.    The PCA must ensure that landscaping at this site is installed substantially in accordance with the Ground & Level 1 Landscape Plans by Conzept Landscape Architects, drawing numbers LPDA 10-174/1 – 2, dated December 2009, prior to the issue of a Final Occupation Certificate, with the following additional details also to be included on these plans, prior to the commencement of any site works:

 

a.     All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm.

 

b.     In order to reduce the amount of storm-water generated by the site, as well as to recharge groundwater supplies, porous/permeable paving shall be used in all hard surfacing not over slab.

 

c.     To ensure satisfactory maintenance of the landscaped areas, an automatic drip irrigation system shall be installed throughout all planted areas. Details shall be provided showing that the system will be connected to the sites rainwater tanks, with back-up connection to the mains supply, in accordance with all current Sydney Water requirements.

 

d.       All detention tanks and below ground stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping.

 

e.     Location of easements within the site and upon adjacent sites (if any).

 

f.      Any substation required shall be screened from view. The proposed location, elevation and screening method shall be shown.

 

114.    The landscaping shall be installed in accordance with the approved documentation prior to the issue of a final occupation certificate and shall be maintained in accordance with those plans.

 

Streetscape Works

 

115.    The applicant shall meet all costs associated with upgrading the Bunnerong Road site frontage in accordance with Council’s Urban Elements Design Manual for the Matraville Commercial Centre. All works carried out on Council property, shall be in accordance with Council’s requirements for Civil Works on Council property.

 

A detailed streetscape plan for the Bunnerong Road frontage showing proposed paving design, grades, finished levels, extent and location of awnings, doors/entranceways, the bus stop and any other details required by Council’s Landscape Architect shall be submitted to, and approved by, Council’s Director of City Services prior to commencement of the streetscape works.

 

The applicant will be required to contact and liaise with Council’s Co-ordinator of Landscape Design, Ms Kerry Colquhoun on 9399-0911, prior to preparation of the streetscape plan in order to obtain more detailed, site specific landscape design requirements from the relevant Departments of Council.

 

Following approval of the streetscape plan; and prior to commencement of the streetscape works on Council property, the applicant shall also liaise with Council’s Pre-paid Works Designer on 9399-0922, regarding scheduling of work including inspections, supervision fees and compliance with Council’s requirements for public liability insurance.

 

The approved streetscape works shall be completed to the satisfaction of Council’s Landscape Architect and Pre-paid Works Designer, prior to the issue of a Final Occupation Certificate.

 

Removal of Street Tree

 

116.    Approval is granted for the applicant to remove and dispose of (at their own cost) the existing Acmena smithii (Lilly Pilly), on Council’s Bunnerong Road footpath, to the south of the existing/proposed vehicle crossing as shown as part of the proposed works, and must satisfy themselves as to the location of all site services prior to the commencement of any works on public property.

 

117.    The applicant shall submit a total payment of $750.00 (including GST) being as a loss of amenity fee to compensate Council for the fact that this street tree is only being removed from public property to accommodate the development of private property, with a replacement not possible due to the new overhead awning.

 

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

 

Removal of neighbours trees

 

118.     Subject to satisfying the Deferred Commencement condition of this consent, approval is granted for removal of the following trees, which must be  removed, prior to the issue of a Construction Certificate:

 a)    The row of four Eucalyptus robutsa (Swamp Mahogany's) within the adjoining property to the south, 493 Bunnerong Road, running in an east-west arrangement, between the neighbours garage and dwelling, all close to the common boundary.

 

Removal of trees within site

 

119.    Approval is granted for the removal of the following trees subject to full implementation of the approved landscaping:

 

a)     The Jacaranda mimosifolia (Jacaranda) within the front yard, in the southwest corner of the site, as well as another Jacaranda in the rear yard, adjacent the southeast corner of the existing dwelling, due to their poor health and condition;

 

b)     The row of trees in the rear yard, along the northern site boundary, being from west to east, a Hibiscus rosa-sinesnis (Hibiscus), a Eucalyptus robusta (Swamp Mahogany), and a Brachychiton acerifolius (Illawarra Flame Tree);

 

c)     The Eucalyptus robusta (Swamp Mahogany) in the rear yard, along the southern site boundary, towards the southeast corner as part of the proposed basement works;

 

d)     The two Eucalyptus saligna (Sydney Blue Gums) located centrally in the rear yard, as the larger, most southern tree has an included branch union near ground level, and poses a safety risk, independent of this application, with the northern tree to be susceptible to wind throw if retained, particularly as excavations associated with the basement (to a depth of 6 metres) would be performed about 3 metres to its west.

 

Protection of tree within rear yard

 

120.    In order to ensure retention of the Corymbia citriodora (Lemon Scented Gum) located in the rear yard, towards the northeast corner of the site in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the construction certificate application must show the retention of this tree, with the position and diameter of both its trunk and canopy to be clearly shown on all drawings.

 

b.       Any new services, pipes, stormwater systems or similar that need to be installed in the rear yard must be setback a minimum distance of 4.5 metres off its trunk (measured off its outside edge at ground level), so as to minimise root damage.

 

c.       This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 3.5 metres off its trunk, on all four sides, in order to completely enclose this tree for the duration of works.

 

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

 

e.       Within the TPZ, there is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble.

 

f.        Any roots encountered during the course of the approved works must be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

 

ADVISORY MATTERS:

 

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

 

In this regard, the development consent plans do not show compliance with the deemed-to-satisfy provisions of the BCA, including:

 

a)     Part B1                  -     Structural provisions

b)     Part C1                 -     Fire resistance and stability

c)     Part C2                 -     Compartmentation and separation

d)     Part C3                 -     Protection of openings

e)     Part D1                 -     Provisions for escape

f)      Clause D1.4            -     Exit travel distances

g)     Part D2                 -     Construction of exits

h)     Clause D3.5            -     Car parking for people with disabilities

i)      Part E1                  -     Fire fighting equipment

j)      Part E2                  -     Smoke Hazard Management

k)     Part E3                  -     Lift Installations

l)      Part E4                  -     Emergency lighting, exit signs & warning systems

m)     Part F1                  -     Damp and weatherproofing

n)     Part F5                  -     Sound Transmission and Insulation

o)     Section J               -     Energy efficiency

 

Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

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

 

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

 

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

 

3.       Construction cranes may be required to operate at a height significantly higher than        that of the proposed controlled activity and consequently, may not be approved     under the Airports (Protection of Airspace) regulations.

 

Sydney Airport Corporation Ltd advises that approval to operate construction equipment (i.e. cranes) should be obtained prior to any commitment to construct.

 

Attachment/s:

 

Nil

 


Ordinary Council

21 September 2010

 

 

 

Director City Planning Report No. CP75/10

 

 

Subject:                  164 Brook Street, Coogee

Folder No:                   DA/702/2009/B

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Section 96 modification to the approved residential building, including extension of the eastern walls and balconies, extension of the lift to the roof level, installation of a shelter structure at roof level and relocation of the laundry from the basement to the rear of the upper ground level

Ward:                      East Ward

Applicant:                G Sassine

Owner:                         G Sassine & P J Sassine

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject application is referred to the Council for determination as the original development proposal was approved at a Council Meeting.

 

The subject application was advertised and notified from 16 to 30 June 2010 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. No submissions were received at the conclusion of the public consultation process.

 

The site is located within Zone No. 2C (Residential C Zone) under RLEP 1998 (Consolidation). The proposal is consistent with the general aims of the LEP and the zoning objectives.

 

The proposed modification will increase the total GFA of the building by 47.84m2 from 492.9m2 to 540.74m2. The FSR will be increased by 0.13:1 from 1.34:1 to 1.47:1. The modified development represents a deviation from the FSR development standard of 126%. The proposed external wall height of 10.9m exceeds the LEP development standard by 900mm.

 

The modification will generally bring the front external walls and balconies forward in the order of approximately 1m. The increase in floor space will primarily be distributed across three levels on the front elevation. However, due to the corner location of the site and the diversity of architectural style in the street, it is considered that the expanded building generally will not result in an overwhelming visual bulk.

 

The dimensions of the upper ground floor balconies will be significantly lengthened from 9.7m (approved scheme) to 12.1m. In conjunction with their reduced front setback from 3.7m to 2.7m, the upper ground balconies will form a dominating feature in the façade composition and result in adverse implications on the streetscape. A special condition is therefore recommended to reduce the length of the upper ground balconies to align with the first floor balconies above, with the depth being limited to 2.0m. This will enable a functional outdoor living space whilst ensuring the configuration of the balconies in question is congruent with other façade elements.

 

The current proposal will maintain a contemporary design with the building mass being articulated by light-weight balcony features and glazed windows. The low profile flat roof will also contribute to minimising the height of the building. The revised plans have reduced the footprints of the rooftop lift overrun and shelter structures and will not result in detrimental streetscape impacts.

 

The Multi-Unit Housing DCP applies to the proposal. The modification will not result in detrimental impacts on the amenity of the surrounding properties in terms of solar access, privacy or view loss, and the existing character of the streetscape.

 

The proposed development satisfies the matters for consideration under Sections 79C and 96 of the Environmental Planning and Assessment Act 1979, as amended. Therefore, the proposal is recommended for approval.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 1 in DP 339448, No. 164 Brook Street, Coogee. The site is located on the western side of Brook Street immediately to the north of the closed-off road reserve of Bay Street. The dimensions and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern, side boundary

20.255m

367.9m2

Southern, Bay Street boundary

20.295m

Western, side boundary

18.29m

Eastern, Brook Street boundary

18.29m

 

The site rises steeply from Brook Street to the rear with a level difference of approximately 6m. There is a cross fall from south to north of approximately 2.5m.

 

The site previously accommodated a 3-storey residential flat building of brick and tiled roof construction developed in the 1940’s, which was elevated above the carriageway of Brook Street. Two single garages and sandstone retaining walls were located along the Brook Street frontage. The development had a floor space ratio of approximately 0.889:1 (according to the assessment report for DA/92/2003). Construction works are being undertaken on the site with the existing building substantially demolished.

 

To the north of the site is a recently completed 4-storey multi-unit residential development situated above a basement car park (No. 162 Brook Street). To the west is a 3-storey semi-detached dwelling (No. 32 Bay Street), which has upper level decks and windows overlooking the subject site to gain distant views to the east. To the south are the public stairs and landscaped areas within the Bay Street road reserve.

 

Figure 1 Former residential flat building and garage facilities on the subject site as viewed from Brook Street

Figure 2 Adjoining 5-storey multi-unit residential building to the north at 162 Brook Street (right)

 

 

Figure 3 Existing Bay Street road reserve which has been closed off and landscaped

Figure 4 The western side of Brook Street to the north of the site as viewed from the opposite side of the street

3.      The Proposal

 

The subject application is made pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979, as amended, to modify Development Consent No. 702/2009. The proposal is for alterations and additions to an approved residential building. The modification includes the following elements:

 

Basement level

·      Provision of motor rooms within the basement level in lieu of laundry facilities.

Lower ground level

·      Extension of the eastern walls to the lounge rooms by 1100mm.

·      Extension of the northern wall to Bedroom 3 of Unit 1.

Upper ground level

·      Extension of the eastern walls to the family rooms by 1000mm.

·      Extension of the eastern balconies.

·      Provision of a laundry for each unit at the rear.

First level

·      Extension of the eastern walls to Bedroom 1 of each unit.

Roof level

·      Extension of the lift to the roof level.

·      Installation of a shelter structure.

 

4.      Site History

 

4.1    Previous development approvals relating to the site

 

DA/92/2003

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Demolition of existing structures on site and construction of a part 2- and part 3-storey residential building over a basement garage containing 2 dwelling units.

 

On 19 June 2003, Council under delegated authority approved the development application subject to conditions.

 

The approved development includes the following floor space elements:

 

Basement level:

Double garage and storage for each unit

Lower ground level:

Lounge room, bedroom and laundry for each unit

Upper ground level:

Dining room, kitchen and amenities for each unit

First level:

2 x ensuite bedrooms for each unit

Roof level:

Open terrace for each unit

 

The approved proposal features the following:

 

Landscaped area:

227.5m2 or 62% of site area

On slab landscaped area:

100.5m2

Floor space ratio:

1.1:1

Overall height:

10m to 12m

External wall height:

7m to 9m

 

This consent has not been acted upon and has already expired.

 

DA/92/2003/A

Section 96 modification for deletion of Conditions 2 (requiring the deletion of the northern rooftop terrace of Unit 1), 3 (requiring the alteration to the privacy screen to the southern terrace of Unit 2) and 8 (requiring obscured glazing or privacy louvres to the north-facing windows) and various minor alterations to the building.

 

On 9 December 2003, Council under delegated authority approved the Section 96 modification subject to amendments to the conditions.

 

The approved modification will increase the total gross floor area by 83.94m2.

 

DA/702/2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Demolition of existing structures on site and construction of a part 2- and part 3-storey residential building over a basement garage containing 2 dwelling units.

 

Council at its Ordinary Meeting on 8 December 2009 approved the development application subject to conditions.

 

The approved development includes the following floor space elements:

 

Basement level:

Garage and storage for each unit

Lower ground level:

Lounge room, bedroom and bathroom for each unit

Upper ground level:

Family room, kitchen and amenities for each unit

First level:

2 x ensuite bedrooms for each unit

Roof level:

Terrace for each unit

 

The approved proposal features the following:

 

Landscaped area:

228m2 or 62% of site area

On-slab landscaped area:

100.32m2

Floor space ratio:

1.34:1

Overall height:

Maximum 10.3m

External wall height:

Maximum 8.8m

DA/702/20009/A

Section 96(1) modification to delete Condition No. 55 relating to the replacement of overhead power lines with underground cabling.

 

Council at its Ordinary Meeting on 25 May 2010 approved the Section 96 application subject to amended conditions.

 

4.2    Plan amendments

At Council’s request, the applicant submitted amended plans on 2 September 2010, which reduce the footprints of the shelter structures attached to the rooftop lift overrun. The above revised drawings form the subject of this assessment.

 

5.      Community Consultation

 

The subject application was advertised and notified from 16 to 30 June 2010 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. No submissions were received at the conclusion of the public consultation process.

 

A letter from one of the co-owners of 32 Bay Street, Coogee was attached to the development application, which raises no objections to the subject proposal.

 

6.      Technical Officers Comments

 

No referrals are required.

 

7.      Master Planning Requirements

 

The site has a land area of only 367.9m2 and a master plan is not required.

 

8.      Section 96 assessment

Under the provisions of Section 96(2) of the Environmental Planning and Assessment Act 1979, as amended, Council may only agree to a modification of an existing development consent if the following criteria are complied with:

 

·      Substantially the same development

The proposed modification will maintain the number of dwellings and general architectural form of the approved development. There are no substantial changes to the landscaped area provision and character of the building. Therefore, the modifications are considered to be substantially the same development for which the consent was originally granted.

 

·      Notification and consideration of submissions

The application has been notified in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. No submissions were received.

 

·      Consultation with relevant public authorities

No referrals to other public authorities are required for this application.

 

9.      Relevant Environmental Planning Instruments

 

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

The site is located within Zone No. 2C (Residential C Zone) under RLEP 1998 (Consolidation). The proposal is permissible with development consent. The modified development is considered to satisfy the objectives of the Residential C Zone in that the proposal will maintain the approved multi-unit housing form, which is compatible with the medium density residential character of the locality.

 

The following clauses apply to the modification proposal:

 

Clause

Requirement

Proposal

Compliance

20E Landscaped area

(2) minimum 50% of site area

56% of site area or 207.33m2

Complies.

(3) landscaped areas over podiums or basements not to exceed 50% of required provision

88.27m2 or 43% of total landscaped area provision

Complies.

20F Floor space ratio

(2) maximum 0.65:1 for site with less than 700m2 land area

1.47:1 or 540.74m2 GFA

Does not comply, refer to comments below.

20G Building heights

(2) maximum height 12m

11.4m (topmost point of lift overrun)

Complies.

(4) maximum external wall height 10m

10.9m (topmost point of the side walls of the lift overrun, excluding roofing)

Does not comply, refer to comments below.

40 Earthworks

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

The modification will not increase the amount of excavation as approved in the original proposal. 

Complies.

 

Floor space ratio

The approved development incorporates an FSR and GFA of 1.34:1 and 492.9m2 respectively. The proposed modification will increase the total GFA by 47.84m2 from 492.9m2 to 540.74m2. The FSR will be increased by 0.13:1 from 1.34:1 to 1.47:1. The modified development represents a deviation from the FSR development standard of 126%. The changes in floor space are summarised in the table below:

 

 

GFA (m2)

FSR

Approved development scheme

492.90*

1.34:1*

Proposed modification

540.74

1.47:1

Increase in floor space as a result of the modification

47.84

0.13:1

LEP development standard

239.14

0.65:1

Excess floor space of approved development scheme over LEP standard

253.76

0.69:1 (106% deviation from LEP control)

Excess floor space of proposed modification over LEP standard

301.60

0.82:1 (126% deviation from LEP control)

*Note: The GFA and FSR data of the approved development are based on Council’s assessment report for DA/702/2009.

 

The adequacy of the proposed FSR is addressed under the “Environmental Assessment” section of this report.

 

External wall height

The proposed external wall height of 10.9m exceeds the LEP development standard by 900mm.

 

The revised drawings have reduced the footprints of the rooftop lift overrun and shelter facilities, so that they are setback 13.1m from the front boundary. The ridge height of the rooftop structures is RL65.67, which is slightly less than the ridge level of the former residential building on the site of RL65.71.

 

Although the rooftop features would still be obliquely visible especially from the uphill side of Brook Street, they are not considered to create detrimental streetscape impacts given their substantial front setback and relative small footprints and bulk.

 

The degree of the non-compliance is minor in nature and the proposal will fully comply with the building height development standard. As will be discussed in the following sections, the proposal will not result in significant additional shadows on the surrounding areas.

 

Therefore, the proposal is considered to be satisfactory having regard to the external wall height standard stipulated in the LEP.

 

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

SEPP: BASIX applies to the proposed development. A BASIX Certificate has not been submitted for the proposed modification works. Notwithstanding, Condition 13 of the consent requires compliance with the commitments listed in the relevant BASIX Certificate. This condition is proposed to be retained to ensure the provisions of the SEPP: BASIX are satisfied.

 

10.    Policy Controls

 

10.1  Randwick Development Control Plan (RDCP) Multi Unit Housing

The Multi-Unit Housing DCP applies to the proposed modification. The relevant controls are addressed as follows:

 

Building height

The proposed building height is considered to be satisfactory. Refer to comments under the “LEP” section of this report.

 

Front setback

The proposed front setback is as follows:

 

Basement / garage level:

0m

Lower ground level:

4.11m to walls

Upper ground level:

2.7m to balconies, 5.21m to walls

First level:

4.06m to balconies, 5.06m to walls

Roof level:

13.1m

 

The adequacy of the proposed front setback is addressed under the “Environmental Assessment” section of this report.

 

Side setback

The approved setback of the building from the northern side boundary will remain unchanged. The proposal will extend the originally indented northern wall of Bedroom 3 of Unit 1. However, the above amendment will not reduce the overall northern setback as approved.

 

The approved setback from the western side boundary is 3m. The modification will provide a laundry for each unit at the rear of the building, which will reduce the setback to 1.2m. Notwithstanding, the laundry facilities will only occupy a small footprint area of approximately 8.1m2. The laundries are situated at the rear of the building and are substantially sunken below the footpath level of the adjacent Bay Street reserve. The laundries will not be prominently visible from the public domain and will not substantially add to the bulk of the building. Therefore, this element of the proposal is considered to satisfy the objectives and performance requirements of the side setback control.

 

Density

Refer to comments under the “Environmental Assessment” section of this report.

 

Landscaping and private open space

The modification will decrease total landscaped area provision from 228m2 to 207.33m2, being a reduction of 20.67m2. The reduction is attributed to the provision of a laundry facility and expansion of the lower ground level floor plate.

 

Notwithstanding, the total landscaped area provision will continue to comply with the LEP development standard. Adequate terrace areas have been reserved along the northern and eastern parts of the site, which will enjoy satisfactory solar access. Planter boxes will be provided along the perimeter of the site, which will contribute to the visual softening of the building structures.

 

Therefore, the proposal is considered to satisfy the objectives and performance requirements of the DCP in this regard.

 

Privacy

The approved drawings show that the rooftop terrace of Unit 1 is setback 4.5m to 5.8m from the shared boundary with 162 Brook Street. The current Section 96 design has extended the rooftop terrace so that it is setback only 3.1m to 4.1m from the northern common boundary.

 

The multi-unit building at 162 Brook Street contains rooftop terraces at levels 3 and 4, where the finished floor levels are at RL58.565 and RL61.22 respectively. These terraces belong to the split-level apartment occupying the topmost storeys of the building. The finished floor level of the Unit 1 rooftop terrace is RL62.82. The current proposal will enable direct lines of sight towards the neighbouring rooftop terraces as well as the south-facing windows below.

 

However, based on analysis of the drawings, it is noted that the approved development scheme (DA/702/2009) already overlooks the adjoining rooftop terraces despite the reservation of wider side setbacks. The modification proposal will maintain a spatial separation of over 7m between the terrace of Unit 1 and the adjoining terraces. The modification scheme is not considered to materially worsen the privacy of the split-level apartment occupying the topmost floors of 162 Brook Street.

 

The rooftop terrace of Unit 1, as currently proposed, has a direct line of sight towards the south-facing living room windows at levels 1 and 2 of 162 Brook Street. Notwithstanding, these living room windows have sill heights of 1500mm above the finished floor level. Therefore, the Unit 1 terrace in question is not considered to be able to overlook the interior living space and hence result in detrimental privacy impacts.

 

The modification proposal is considered to satisfy the objectives and performance requirements of the DCP in this regard.

 

View sharing

The adjoining semi-detached dwelling at 32 Bay Street contains east-facing windows and decks at the upper level that capture distant sea views. The proposed lift extension and shelter structures have implications on the views currently enjoyed by the neighbour.

 

The applicant has provided a letter from one of the co-owners of 32 Bay Street raising no objections to the proposal. No submissions have been received at the conclusion of the public consultation process.

 

The lift overrun and associated weather shelter occupy only a small footprint area. The northern setback of the building also allows a view corridor to be maintained for the deck of 32 Bay Street.

 

Based on the above, it is considered that the proposal will not result in detrimental impacts on the views available to the neighbouring properties and meet the objectives and performance requirements of the DCP in this regard.

 

Solar access and energy efficiency

The modification proposal will create additional shadows on the surrounding areas. However, on the winter solstice, the majority of the shadows will be cast on the Bay Street road reserve and the carriageway of Brook Street. The proposal will not result in material additional shadow impacts on the surrounding residential properties. Therefore, the proposal is considered to satisfy the objectives and performance requirements of the DCP in this regard.

 

Safety and security

The modified development will continue to provide adequate casual surveillance for the public domain.

 

Parking

There are no changes to the approved car parking design and access arrangement.

 

10.2  Randwick Section 94A Development Contributions Plan

The subject application is made pursuant to Section 96 of the Environmental Planning and Assessment Act 1979 to modify a consent previously granted by Council. Therefore, Section 94A levies are not applicable to the current proposal.

 

11.    Environmental Assessment

 

Section 79C assessment

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

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

Not applicable.

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

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

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

Not applicable. 

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

The relevant clauses of the Environmental Planning and Assessment Regulation 2000 have already been addressed by the existing conditions of consent.  

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 modification, which are otherwise not discussed in the previous sections of this report, are addressed below. 

 

The modified development is consistent with the residential land uses in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality, subject to the recommended changes to the conditions. 

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

The site is located within an established residential neighbourhood. The site has sufficient area to accommodate the proposed building structures. Therefore, the site is considered suitable for the modified development.

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

No submissions were received. 

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

The modification proposal is not considered to result in significant adverse environmental, social or economic impacts on the locality, subject to the recommended changes to the conditions. The development is considered to be within the public interest, subject to compliance with the conditions of consent.

                                                                                        

Built form and urban design

The modification proposal will increase the existing approved floor space by 47.84m2 via the expansion of the floor plates of the lower ground, upper ground and first storeys, with consequential reduction in front setbacks.

 

Existing front setback pattern

To ascertain the potential impacts on the streetscape, it is important to establish the existing setback pattern along the western side of Brook Street.

 

The existing front setbacks of the residential properties on the western side of Brook Street between Dudley and Bay Streets are summarised as follows:

 

No. 154

Approx. 4.5m to wall (Council’s GIS data)

No. 156

Approx. 7.14m to wall (Council’s GIS data)

No. 158

Approx. 11.6m to wall (Council’s GIS data)

No. 160

Approx. 11.85m to wall (Council’s GIS data)

No. 162

Basement: 0m

G/F: 6m-7m to wall

1/F: 6m to terrace, 6.5m to wall

2/F: 6m to terrace, 6.5m to wall

3/F: 7.2m to terrace, 11.2m-11.9m to wall

4/F: 11.2m-11.9m to terrace, 18.9m-19.4m to wall

(Approval drawings DA/555/2001)

 

No. 164 (subject site)

Former residential flat building: approx. 6.1m to wall (survey plan)

 

The approved and proposed front setbacks of the subject development are summarised as follows:

 

 

Approved setbacks

Proposed setbacks

Change

Basement level:

0m

0m

Nil

Lower ground level:

5.1m to walls

4.11m to walls

- 0.99m

Upper ground level:

3.7m to balconies

6.1m to walls

2.7m to balconies

5.21m to walls

- 1.00m

- 0.89m

First level:

5.1m to balconies

6.1m to walls

4.06m to balconies

5.06m to walls

- 1.04m

- 1.04m

 

The existing streetscape demonstrates a variety of setback ranging from 4.5m for the 1960’s walk-up residential block at the corner of Dudley Street, to over 11m for the detached dwellings at Nos. 158 and 160 Brook Street. In this respect, the recently completed multi-unit residential building at No. 162 Brook Street provides indication as to the emerging front setback pattern for the locality.

 

No. 162 Brook Street accommodates a 4-storey multi-unit building situated above a basement car park. The development has a minimum front setback of 6m to the external walls, which progressively increases to over 11m for the third level and over 19m for the fourth level. In comparison, the approved development on the subject site already has a shorter front setback, being 5.1m to 6.1m to the external walls, and 3.7m to 5.1m to the balconies.

 

The approved front setback is considered acceptable as the site is located immediately adjacent to the closed-off Bay Street road reserve. The site would appear to be a corner allotment and the approved setback allows the building to visually strengthen the street corner.

 

Built form and streetscape

The modification will generally bring the external walls and balconies forward in the order of approximately 1m. The applicant has submitted 3-dimensional virtual models and photomontages demonstrating the differences between the approved and proposed design schemes:

 

3D model of approved design scheme

The general wall and balcony alignments have been brought forward

 

3D model of proposed modification scheme

Note: The roof top lift overrun and shelter structures have been reduced in size on the revised drawings.

 

Photomontage of approved development scheme DA/702/2009

 

ß Upper ground balconies lengthened and widened beyond the extent of balconies above

 

ß General wall and balcony alignments being brought forward

 

 

 

Photomontage of proposed modification scheme

 

The site occupies a prominent uphill location at the corner of Brook and Bay Streets. The proposed building will be highly visible from the public domain, including the uphill and downhill sides of Brook Street and the Bay Street reserve.

 

A minor portion of the increased floor space relates to the rear laundry and side bedroom extension and will not be readily visible from the public domain.

 

The primary increase in floor space will be distributed across three levels on the front elevation, where the balcony and wall alignments will be evenly brought forward in the order of approximately 1m. The original box like feature separating the balconies of the two dwellings on the street façade will be replaced with more slim-line screening devices. Based on the submitted information, it is considered that the expanded building generally will not result in an overwhelming visual bulk due to the corner location of the site and the diversity of architectural style in the street.

 

The dimensions of the upper ground floor balconies will be significantly lengthened from 9.7m (approved scheme) to 12.1m; whilst the length of the first floor balconies above will remain at 9.9m. In conjunction with the reduced front setback from 3.7m to 2.7m, the upper ground balconies will form a dominating feature in the façade composition and result in adverse implications on the streetscape. A special condition is therefore recommended to reduce the length of the upper ground balconies to align with the first floor balconies above, with the width being limited to 2.0m. This will ensure that the configuration of the balconies in question is congruent with the other structural elements in the façade. The reduced dimensions of the balconies will continue to be functional and allow passive recreational activities.

 

It should be noted that the former residential building on the site had a significant scale with a ridge height reaching RL65.71. Although the building had a wider front setback of approximately 6.1m from boundary to wall, the street façade was characterised by solid brick walls with minimal articulations.

 

In contrast, the current proposal will maintain a contemporary design with the building mass being articulated by light-weight balcony features and glazed windows. The low profile flat roof will also contribute to minimising the height of the building. The revised plans have reduced the footprint of the rooftop lift overrun and shelter structures and will not result in detrimental streetscape impacts.

 

As has been discussed in the above sections, the modification will not result in detrimental amenity impacts on the surrounding properties in terms of solar access, privacy or view loss.

 

From a streetscape and urban design perspective, it is considered that the proposed floor space and front setback arrangement of the modification will be satisfactory, subject to reduction of the upper ground balcony sizes. The proposal is considered to satisfy the purposes of the FSR and setback controls, subject to the recommended condition.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Leadership in sustainability, excellence in urban design and development.

Direction:  Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

The development scheme will not have a significant impact on the amenity of the surrounding properties in terms of visual bulk and scale, privacy, view loss and solar access.

 

The modification will generally bring the front external walls and balconies forward in the order of approximately 1m. The increase in floor space will primarily be distributed across three levels on the front elevation. However, due to the corner location of the site and the diversity of architectural style in the street, it is considered that the expanded building generally will not result in an overwhelming visual bulk.

 

A special condition is recommended to reduce the length of the upper ground balconies to align with the first floor balconies above, with the depth being limited to 2.0m. This will provide a functional outdoor living space whilst ensuring the configuration of the balconies in question is congruent with other façade elements.

 

The application is therefore recommended for approval, subject to amended and additional conditions.

 

 

Recommendation

 

That Council, as the consent authority, grants its consent under Section 96 of the Environmental Planning and Assessment Act 1979, as amended, to modify Development Consent No. 702/2009 for extension of the eastern walls and balconies, extension of the lift to the roof level, installation of a shelter structure at roof level and relocation of the laundry from the basement to the rear of the upper ground level, at 164 Brook Street, Coogee, in the following manner:

 

·      Amendment of Condition 1 to make reference to the Section 96 drawings, which will read as follows:

 

1.     The development must be implemented substantially in accordance with the following plans (Job Number 021202):

 

Plan Number

Dated

Received

Prepared By

Sec96A/01(B)

02.09.10

2 September 2010

Manolev Associates Pty. Ltd.

Sec96A/02(A)

25.05.10

1 June 2010

Sec96A/03(B)

02.09.10

2 September 2010

Sec96A/04(B)

02.09.10

2 September 2010

Sec96A/06(A)

19.07.10

22 July 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:

 

·      Imposition of Condition 82 to read as follows:

 

82.   The front (eastern) balconies on the upper ground floor of the building shall be setback a minimum of 4200mm from both the northern and southern property boundaries.

 

Additionally, the above balconies shall have a maximum depth of 2000mm and be setback no less than 3000mm from the Brook Street boundary.

 

Details demonstrating compliance shall be incorporated in the Construction Certificate application.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

21 September 2010

 

 

 

Director City Planning Report No. CP76/10

 

 

Subject:                  52 Sturt Street, Kingsford

Folder No:                   DA/392/2010

Author:                   Louis Coorey, Environmental Planning Officer     

 

Proposal:                     Alterations & additions to existing dwelling including new first floor, double garage with terrace above to front of dwelling, pool shade structure to rear, front fencing, landscaping and associated works

Ward:                      West Ward

Applicant:                Mr S Lockery

Owner:                         Mr R S Lockery & Mrs K A Jones

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application has been referred to the Council for determination at the request of Councillors Procopiadis (Mayor), Woodsmith and Hughes.

 

The proposal involves ground floor alterations and first floor additions to the existing dwelling, construction of a rear outbuilding and a new front garage with terrace above. Amended plans were received by Council on 5 August 2010 reducing the steepness of the roof facing the street.

 

The site is on the northern side of Sturt Street, west of Botany Street and east of Anzac Parade, Kingsford. The site is elevated above street level and rises to the rear. The surrounding area contains a diversity of single free standing dwellings, semi detached, and multi-unit developments of various sizes.

 

The proposal was notified for 14 days until 15 June 2010 and one submission was received from the western side neighbour at No. 50 Sturt Street. Their concerns relate to middle and rear parts of the proposed development being sited along their eastern side boundary. In respect to the middle part, the proposed development seeks to fill-in a 4m long section half way along the dwelling located on the side boundary. The objector is concerned with the loss of solar access and daylight to two openings on their eastern side boundary. These include a glass block opening serving their dining room located opposite this 4m long section and a clear glass operable living room window located further towards the front of the dwelling (located opposite a part of the development whose side setback is not changing). In respect to the rear parts, the proposed development seeks to rebuild a section of wall already located along the side boundary, increase its wall height and extend it approximately 500mm further to the rear.

 

Whilst the proposed development does not comply with the side boundary setback preferred solutions under the Development Control Plan (DCP) for Dwelling Houses and Attached Dual Occupancies, the non compliances are considered acceptable on the basis that the difference between the current setback and those proposed is minor in terms of amenity impacts.

 

In particular:

 

·           the 4m long indented section located half way up the dwelling, being sited closer to the western side boundary will eliminate a ‘dead space’. This ‘dead space’ is only opposite a glass block window on the neighbours eastern elevation (along a side passageway), and not directly opposite any operable clear glass openings (such as the neighbours living room window located at the front portion of the eastern elevation), or opposite any northern openings or principle areas of private open space

 

·           the existing rear portion of the dwelling is already sited close to the western side boundary and the proposed rear additions (inclusive of raised ground level and wall height) will only extend a further 500mm to the rear and will not significantly exacerbate the existing situation. Notwithstanding the existing situation, it is considered that the proposed rear part of the dwelling being located along the western side boundary will not significantly impact the use of the neighbours rear patio area which is already set below the land level of the subject site.

 

Having regard to the above, it is considered that the proposed development retains the majority of the existing side setbacks except for occupation of a ‘dead space’ section along the side boundary, the impacts are to east facing openings rather than north facing openings, the proposed development has a modest wall height with the upper level being contained within a roof form and no appreciable benefit of daylight would be achieved were this part of the development be made to comply with the preferred solutions.

 

Overall, the proposed development satisfies the objectives and performance requirements in the Development Control Plan for Dwelling Houses and Attached Dual Occupancies.

 

The recommendation is for approval subject to conditions.

 

2.    The Proposal

 

Alterations & additions to existing dwelling including new first floor, double garage with terrace above to front of dwelling, pool shade structure to rear, front fencing landscaping and associated works.

 

3.    The Subject Site and Surrounding Area

 

The subject site is described as 52 Sturt Street, Kingsford. The site is located on the northern side of Sturt Street, between Botany Street to the east and Anzac Parade to the west. The dimension and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Western, side boundary

38.60m

 

Eastern, side boundary

38.60m

 

Northern, rear boundary

10.06m

 

Southern front boundary

10.06m

 

Land area

 

385m2 (Approx.)

 

The site is elevated above street level with a maximum difference of around 4m and various changes in ground levels between the subject site and adjoining sites.

 

At present, the site is occupied by a single storey detached residence with a pool in the rear yard. The site is adjoined to the east (No. 54 Sturt Street) by a single-storey dwelling house and to the west (No. 50 Sturt Street) by a single-storey detached dwelling house. The surrounding area is predominantly characterised by detached style houses and red brick walk up flat buildings. The locality is likely to experience a gradual transition where the older housing stock will be renovated or redeveloped into more modern residences.

 

1. The existing dwelling (Centre) and two neighbouring dwellings.

 

4.    Site History

 

4.1    Plan amendment

A request was made for the submission of amended plans addressing the excessively steep roof at the front. Amended plans were submitted to Council on 5 August 2010 reducing the steepness of the roof in the front southern elevation of the site.

 

The applicant also chose to remove the side rear boundary fencing from the application.

 

4.2    Application history

A Complying Development certificate was issued for a swimming pool under CDC/121/2004.

 

5.    Community Consultation

 

The subject application was notified by letter dated 13 November 2007 to 25 adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The notification period ended on 15 June 2010. The following comments were provided by the western neighbour at No 50 Sturt Street within the public notification period:

 

Objections

Author and objection

Comment

50 Sturt Street

Western side neighbours single level dwelling.

Objection to the proposed construction to the boundary line which will result in a significant reduction of light entering an east facing living room in the middle of the dwelling and through east facing glass blocks to a dining room located at the rear of the dwelling.

The proposed development locates the middle addition on the side boundary and does not comply with the preferred minimum side setback solution under the DCP.

However, the nil setback along this side boundary is considered acceptable on the basis of the following:

·      The existing setbacks will be retained for the proposed development along the majority of the western side boundary except for this indented portion

·      The relocated wall along this indented portion is opposite an east facing glass block dining room window only where no direct sunlight is obtainable

·      The proposed development will not compromise the outlook from the clear glass dining room window or result in any significant loss of solar access to this area as the setback of the wall opposite this window is not changing and therefore not be unreasonably impacted by the proposal.

Overall, the proposed development will only have minimal impact to the objectors glass block opening which is only east facing located along a side boundary and the proposed development should not result in any significant unreasonable adverse impacts on the neighbouring properties principle areas of north facing windows or rear yard areas in accordance with the DCP.

Photo looking south towards the front of the house, showing the rear portion in the foreground (located along the side boundary), the indented portion (opposite the glass block window) and the front of the dwelling (whose side setback is not changing).

Could you please advise what the current restrictions are regarding new development and boundary lines between properties.

The objector has been advised that the current preferred solutions are that 900mm side boundary setbacks be provided at ground level. However, they were also advised that applications are assessed against the objectives and performance requirements of the DCP where a proposal does not meet the preferred solutions.

Shade structure in the rear yard is objected to on the basis that it will project too high above the top of fence dividing the two properties (1.8m) and the general construction of the shade structure along the boundary line resulting in a large shadow over rear yard and clothes drying area.

The outbuilding is located on the side boundary shared with the objectors premises and does not comply with the preferred minimum 900mm side setback solution under the DCP.

The non compliance is considered acceptable on the basis that the objectors land is higher than the rear yard of the subject site and combined with the existing side boundary fence approx. 1.8m) it is not considered the proposed outbuilding will be immediately noticeable from the objectors property or result in any significant adverse overshadowing to the objectors rear yard or clothes drying areas and the objector’s rear yard will continue to enjoy at least 3 hours of solar access to their rear yard area during the winter solstice (the shortest day of the year) in accordance with the DCP.

Photo looking north along the side boundary shared with the objector and the subject site (at right). The objectors property rises at least 1m above the land level of the subject site along the rear.

Photo from rear yard of subject site looking towards the western neighbour’s site at 50 Sturt Street. It shows the lower rear yard level of the subject site compared with the rear yard level of the neighbours at No 50 Sturt Street which becomes more pronounced as you move to the rear of the site where the difference is rises to over 1m.

Concerned as to the adverse tunnel and visual effects that would occur if building to the boundary line. Narrowing the gap between the walls will not be aesthetically pleasing and would be an eye sore.

The outlook from the objector’s glass block opening would be limited and therefore unlikely to be significantly affected.

In respect to the tunnel effect, it is acknowledged that the setback between the two dwellings will be reduced however, it is not considered that this would result in any unreasonable adverse impacts on the amenity of this area given it is primarily limited to a side passageway and not usable as a primary private open space area.

 

Objections

Author and objection

Comment

50 Sturt Street

Western side neighbours single level dwelling.

I know that the existing wall of the laundry was built before I moved in 25 years ago without council approval and also the small wall in front of the ‘void’ space was also built without council approval.

Therefore the argument that existing walls on the boundary should support proposals to build on the boundary do not hold sway.

 

The question of possible illegal works has been referred to Councils Regulatory Building Section for investigation.

Notwithstanding this, a merit based assessment has been carried out against the performance requirements and objectives of the Dwelling Houses and Attached Dual Occupancies DCP having particular regard to the non compliance with the side boundary setbacks, the areas affected by the proposed development and the reasonableness of the proposed development when assessed against the pattern of setbacks between buildings that is prevalent in the street.

In addition, the proposed development will continue to comply with the preferred minimum solar access requirements for north facing windows and areas of private open space, of which none are significantly impacted by the proposed development. Rather, the affected areas include two openings along the eastern elevation of the objectors dwelling. These include a glass block opening which is largely limited to retaining daylight rather than direct solar access and a clear glass living room window which given its location isn’t able to retain any lengthy direct solar access during the already limited sunshine during the morning. Further it is noted that the living room window is also opposite a wall which is not changing its side boundary setback.

In respect to the extension at the rear it only extends an additional 500mm beyond the existing rear setback and approximately 1m beyond the rear elevation of the objectors dwelling (see photo below). It is considered that the proposed development is limited to a single level structure and will only cause minimal overshadowing to the objectors rear patio level for a short time during the morning.

Also is it also common practice for new extensions to be built 900mm from the boundary line, what my neighbours propose is in fact an extension to the existing property. Why has council ignored these common building regulations?

 

The Building Code of Australia (BCA) only requires windows be located 900mm from the boundary if they are not fire protected. Further, a merit based assessment has been carried out against the performance requirements and objectives under the DCP site conditions, the possible impacts from the development and the reasonableness of the development.

The objectors concerns have been taken into consideration having regard to the relevant assessment criteria and the amenity impacts from the proposed development.

 

It appears to me that my concerns have not been given proper consideration and as a resident of 25 years I find it incredible.   My neighbours submit objections to the proposed construction to 54 Sturt St Kingsford, claiming diminished enjoyment to the use of their residence and a reduction in their living standards and Council is quick to act in their favour.

Submissions for another development are not a relevant matter for consideration. Notwithstanding this, it is considered that the proposed development complies with the majority of the performance requirements and objectives under the DCP and does not result in a bulk and scale that would have any significant adverse impact on the objector’s property in terms of their enjoyment of principle areas of private open space, or reduction in living standards. It should also be noted that Council has consistently applied its Development Controls having regard to the particular constraints of circumstances of the site and the individual merits of each application.

 

6.    Technical Officers Comments

 

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

Development Engineer:

The application was referred to the Development Engineers and the following comments were provided:

 

An application has been received for alterations and additions at the above site.

 

This report is based on the following plans and documentation:

 

·      Dwg No’s DA01-DA12 by Tribe Studio dated April 2010

 

Landscape Comments:

Permission is granted for the removal of the Peppercorn tree located in the rear yard.

 

Permission is also granted for the removal of the Council street tree which is now dead. The applicant is to meet the cost for planting a replacement tree on Council’s nature strip.

 

7.    Relevant Environmental Planning Instruments

 

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

 

- Randwick Local Environmental Plan 1998 (Consolidation).

- Environmental Planning and Assessment Act 1979 as amended.

- Building Code of Australia.

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

- Section 94 Contributions Policy

 

(a)    Randwick Local Environmental Plan 1998 (Consolidation)

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

 

7.1 Policy Controls

 

a.      Development Control Plan - Dwelling Houses and Attached Dual Occupancies

The DCP for Dwelling Houses and Attached Dual Occupancies states that a proposal is deemed to satisfy the Objectives and Performance Requirements of the DCP if it complies with the corresponding Preferred Solutions. Therefore, the tables below assess the proposal against the Preferred Solutions, and where non-compliance results, assessment is made against the relevant Objectives and Performance Requirements under the main issues section further below.

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

42%

yes

25m² of private open space provided.

100 m2 +

Yes

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

10m x 10m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

22%

Yes

Floor area

(Site area 385m2) maximum FSR 0.6:1 

0.48:1

Yes

Height, Form & Materials

External wall height maximum 7m

4.9m

Yes

External wall height to the rear maximum 3.5m.

2.3m

Yes

Cut or fill maximum 1m.

>1m at front, No.

However there are no major objections as appropriate conditions are included to ensure adjoining land is supported; and the level of excavation to accommodate a garage with terrace above is not dissimilar to the garages on the nearby sites at no 48 & 50 Sturt Street.

No excavation within 900 mm of a side boundary.

Nil setback, however no major objections as suitable conditions are included to ensure excavations are adequately supported.

No excavation within 4m of a rear boundary.

Nil setback, However, No major objections given the level of excavation at the rear are limited to footings for the new pool cabana structure.

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

Southern boundary is to the front

n/a

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

n/a

n/a

Building setbacks

Front setback average of adjoining dwellings or 6m

Main dwelling is setback 9.2m from the front and complies. The garage however is sited on the front boundary and does not comply.

However there are no major objections as it is consistent with the garages at the front of 48 and 50 Sturt Street.

Rear boundary setback at least 4.5m

The main dwelling is setback over 13m from the rear and complies. However, the rear outbuilding is located on the rear boundary and does not comply.

No see main issues section below.

Side setbacks be 900mm at ground level.

Rear outbuilding, and alterations to the dwelling are sited along the western side boundary and do not comply with the preferred side setbacks solutions.

See comments under main issues section below.

The proposed garage at the front of the site is also sited to the side boundaries however there are no major objections as it is relatively consistent with other garages along Sturt Street.

Side setbacks be 1.5m at second floor level.

The proposed first floor level is contained within the roof of the dwelling and complies with the setback solutions.

Side setbacks be 3.0m at third floor level.

n/a

n/a

 

Main Issues

The Objectives and Performance Requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours; and with respect to front boundary setbacks the proposal generally conform to the adjoining development or dominant streetscape.

 

Rear and side boundary setback of outbuilding

The proposed rear outbuilding is located on the rear and side boundaries and does not comply with the minimum 900mm side setback solutions preferred under the DCP

 

The non compliance is considered acceptable as the outbuilding has a maximum external wall height of only 2.3m above ground level and combined with the fact that the subject sites rear yard level is well below the top of fence height it means, that the proposed outbuildings external wall height will not be immediately noticeable from the neighbours rear yard level. In addition, because of the sites orientation on a north south axis it means that overshadowing will be shared across the subject site and both neighbouring properties whereby the neighbouring properties will continue to enjoy at least 3 hours of solar access to their rear yard areas and the outbuilding is located at the rear most portion of the site which is generally consistent with the location of other outbuildings in the locality.


Western side boundary setback

The proposed development seeks to locate the parts of the development along the western side boundary and does not comply with the preferred minimum 900mm side setback solutions under the DCP for Dwellings Houses and Attached Dual Occupancies.

 

The non compliances are considered acceptable on the basis of the following:

 

·      The existing front portion of the dwelling (which is being maintained) and the existing rear part of the dwelling (which is being rebuilt and extended along the side boundary) already do not comply with the side setback requirements and the proposal will not significantly exacerbate this existing situation as the proposed works are generally limited to a single storey.

 

·      The main difference is the existing 4m long indented ‘dead space’ being removed and in-filled. The existing 4m long indented portion is only opposite a glass block window on the neighbour’s eastern elevation and not directly opposite any operable openings or northern openings.

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

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.

Complies

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

None

Yes

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

Not required

Safety & Security

Front doors of dwellings are visible from the street.

Yes

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