Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 14 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee

14 September 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 14 September 2010 at 6:00pm.

 

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

 

Quorum:                           Eight (8) members.

 

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 10 August 2010

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application Reports

D62/10      27 Hannan Street, Maroubra

D63/10      55 Raglan Street, Malabar

D64/10      8-12 Ascot Street, Kensington

D65/10      95 Wentworth Street, Randwick

D66/10      80 Alison Road, Randwick

D67/10      2 St Marks Road, Randwick

D68/10      11 Judge Street, Randwick

D69/10      39 Dacre Street, Malabar

D70/10      55 Dudley Street, Coogee

D71/10      26 Gordon Avenue, South Coogee

D72/10      145 Anzac Parade, Kensington

D73/10      21 Frenchmans Road, Randwick

Miscellaneous Report

M19/10     Randwick Education and Health Specialised Centre Discussion Paper   

 

Closed Session

D74/10      Land & Environment Court Appeal - 194 - 196 Beach Street, Coogee

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 Motion

NR6/10      Notice of Rescission Motion from Councillors Andrews, Matthews, Procopiadis and Seng - 13-15 Botany Street, Randwick  

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee

14 September 2010

 

 

 

Development Application Report No. D62/10

 

 

Subject:                  27 Hannan Street, Maroubra

Folder No:                   DA/255/2010

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Alterations and additions to an existing detached dwelling, including extension of the first floor level, construction of a swimming pool, modification to the existing garage and associated works

Ward:                      West Ward

Applicant:                ISA Designs

Owner:                         J Triantafillou & A triantafillou

Summary

Recommendation:     Approval subject to conditions

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The proposed development is for substantial alterations and additions to an existing detached dwelling, including extension of the first floor level, construction of a swimming pool, modification to the existing garage and associated works. The application is referred to the Planning Committee for determination at the request of Councillors Hughes, Woodsmith and Matson.

 

The application was notified from 20 April to 4 May 2010 in accordance with DCP – Public Notification of Development Proposals and Council Plans. One (1) submission was received at the conclusion of the public consultation process. The issues raised in the submission are primarily related to streetscape, earthworks, noise, privacy, construction impacts, planning precedent and property devaluation, and have been addressed in the body of this report.

 

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

 

The subject site is located within Zone No. 2A (Residential A Zone) under RLEP 1998 (Consolidation). The proposed development will upgrade an existing aged single-occupancy residential building. The proposal is considered to be consistent with the zoning objectives.

 

The proposal has an FSR of 0.96:1, and exceeds the DCP preferred solution by 0.31:1. Notwithstanding, the development only involves minor increase to the existing floor space by approximately 16.7m2. The existing building appears to have been designed and constructed as a corner shop. There are minimal setbacks from the street boundaries with the scale and massing being larger than those of the adjoining dwellings. The design scheme has incorporated suitable articulations in the form of balconies, window openings and a combination of compatible surface finishes, which will improve the architectural presentation of the building. Given that the site is located at a street intersection, a slightly larger built element will contribute to strengthening the corner definition, and will not result in detrimental streetscape impacts.

 

The DCP – Dwelling Houses and Attached Dual Occupancies specifies detailed built form, setbacks and amenity controls. The building height, setbacks, landscaped open space provision, privacy protection measures and solar access of the development comply with the objectives and performance requirements of the DCP and are considered to be satisfactory.

 

There is a previous development application (DA/591/2009) for alterations and additions to the existing building including the construction of a second floor level with rooftop terrace. The above proposal was considered to result in detrimental streetscape and amenity impacts on the adjoining dwellings and consequently was refused by Council under delegated authority. The subject application has deleted the second floor level and rooftop terrace elements. The current proposal has maintained a two-storey development scale, which is compatible with other existing dwelling houses in the locality.

 

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

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot X in DP 420874, No. 27 Hannan Street, Maroubra. The site is located at the north-eastern corner of the intersection between Hannan and Storey Streets. The land has a flat topography with a fall of less than 500mm. The dimensions and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern, side boundary

30.315m

 

Southern, Storey Street boundary

30.215m

 

Eastern, rear boundary

6.44m

 

Western, Hannan Street boundary

6.44m

 

 

 

191.7m2

 

At present, the site accommodates a 2-storey dwelling of brick construction with a detached garage at the rear. To the north of the site is a single-storey dwelling of brick and tiled roof construction at 25 Hannan Street. The rear of the site adjoins the garage of a detached dwelling at 90 Storey Street. The locality is predominantly characterised by lower density detached and semi-detached residential developments.

 

Figure 1 Aerial view of the subject site and surrounding environment

 

Figure 2 Existing building on the subject site as viewed from the intersection of Hannan and Storey Streets

Figure 3 Existing building as viewed from Storey Street

Figure 4 Existing boundary fence and garage fronting Storey Street

Figure 5 Adjoining detached dwelling to the north (25 Hannan Street) as viewed from Hannan Street

 

3.      The Proposal

 

The proposed development includes the following components:

 

·      Partial demolition of the structural fabrics of the existing building on the site.

·      Alterations and additions to the building, including extension of the first floor level, to create a 4-bedroom dwelling.

·      Alterations to the detached garage to create new openings.

·      Installation of an in-ground swimming pool.

·      Boundary fencing.

·      General landscape works.

 

4.      Site History

 

4.1    Previous development application relating to the site

DA/591/2009

Alterations and additions to an existing dwelling, including construction of a second floor level with rooftop terrace.

 

On 4 February 2010, Council under delegated authority refused the development application for the following reasons:

 

1.       The proposal does not satisfy the relevant objectives for Residential 2A Zones as set-out in the Randwick Local Environmental Plan 1998 (Consolidated) in that: -

 

(a) The proposal fails to maintain the desirable attributes of established residential areas, and

(b) Does not adequately protect the amenity of existing residents

 

2.       The proposal does not satisfy the performance requirements or preferred solutions for landscaping and private open space set-out in Clause 4.1 of Development Control Plan – Dwelling Houses and Attached Dual Occupancies.

 

3.       The proposal does not satisfy the objectives or preferred solutions for floor space ratio set-out in Clause 4.2 of Development Control Plan – Dwelling Houses and Attached Dual Occupancies.

 

4.       The proposal does not satisfy the objectives or preferred solutions for height, form and materials set-out in Clause 4.3 of Development Control Plan – Dwelling Houses and Attached Dual Occupancies.

 

5.       The proposal does not satisfy the objectives or preferred solutions for building setbacks set-out in Clause 4.4 of Development Control Plan – Dwelling Houses and Attached Dual Occupancies.

 

6.       The proposal does not satisfy the objectives or preferred solutions for visual and acoustic privacy set-out in Clause 4.5 of Development Control Plan – Dwelling Houses and Attached Dual Occupancies.

 

7.       The proposed development is unacceptable and unreasonable in that the proposed height, bulk, scale, built form and design will have an adverse impact on the amenity of neighbouring residents in terms loss of visual and acoustic privacy, and overbearing height, bulk and scale, and in that regard is not compatible with the scale of residential development in the existing streetscape. 

 

8.       The proposal will result in loss of privacy for dwellings to the north of the site due to the large third storey terrace. Screening devices to minimise overlooking will further exacerbate the appearance of excessive bulk and scale.

 

9.       The landscape works and treatment for the proposed development is deficient as it fails to provide any substantial landscaping/planting within the front and rear yards, along the northern and southern boundary; fails to provide any landscaped area to the front of the site, which is more in keeping with the nature of the surrounding streetscape; provides excessive terraced areas and does not allow for adequate stormwater infiltration due to the insufficient soft landscaped area proposed.

 

10.     The documentation submitted with the application is deficient and contains misleading statements/incorrect calculations. 

 

The subject application has deleted the second floor level and rooftop terrace elements. The current proposal has maintained a two-storey development scale which is compatible with other existing dwelling houses in the locality. Council has also requested further amendments to the design scheme to address various planning issues (refer to paragraphs below). The revised design scheme is considered to be compatible with the streetscape character and will result in an improved amenity outcome.

 

4.2    Plan amendments

At Council’s request, revised drawings were submitted to Council on 25 June 2010, which include the following design changes:

 

·      The swimming pool has been setback approximately 600mm from the northern common boundary.

·      Installation of solid masonry fence adjacent to the ground floor light well.

·      The northern side balcony off the laundry area on the first floor level has been deleted and converted to an interior space.

·      Fixed windows have been included in the Storey Street façade at ground level.

·      Building footprints, window locations and sill height details of the adjoining dwelling at 25 Hannan Street have been superimposed onto the floor plans.

·      A cross-section has been prepared.

·      An outline of the adjoining building at 25 Hannan Street has been presented in the front and rear elevations.

·      The extent of excavation relating to the swimming pool has been presented in the section.

·      The shadow diagrams have been amended to include the property boundaries and street alignments.

·      Exterior colours and finishes details have been prepared.

 

The amended documentation has been reviewed and is considered to have addressed Council’s concerns. The revised drawings were not re-notified as the design changes will improve the amenity of the adjoining properties. The revised plans form the basis of this assessment.

 

5.      Community Consultation

 

The subject application was notified from 20 April to 4 May 2010 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submission was received at the conclusion of the public consultation process:

 

·      25 Hannan Street, Maroubra

 

The issues raised in the submission are addressed as follows:

 

Issues

Comments

The proposed modern architectural style is not compatible with the existing streetscape.

The subject site is not listed as a heritage item or located within a heritage conservation area under RLEP 1998 (Consolidation). The revised development scheme has incorporated appropriate façade articulations and will maintain a suitable building scale to Hannan and Storey Streets. The proposal is considered to deliver a satisfactory streetscape outcome.

The proposed swimming pool has nil setback from the northern common boundary and will result in excessive noise emission and adversely impact on the structural integrity of the adjoining dwelling.

The revised design scheme has reserved approximately 600mm of setback from the northern common boundary. Landscape planting will be provided in the above setback areas.

 

Standard conditions relating to noise control of swimming pool pump and mechanical devices as well as construction site management have been included in the “Schedule of Conditions” attached to this report. Subject to the recommended conditions, the proposal is not considered to result in adverse impacts on the structural stability of the adjoining premises or unreasonable noise emission.

The proposed ground floor light well and first floor side balcony will result in adverse visual and acoustic privacy impacts on 25 Hannan Street. In particular, there will be unreasonable noise impacts on the bedroom areas of the dwelling. The front yard will also become visible from the development.

 

The proposed north-facing windows will overlook the adjoining dwelling at 25 Hannan Street.

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

The application has not included proper documentation. In particular, the following information has not been provided:

·      Site analysis

·      Site and building dimensions

·      Ground lines and reference levels

·      Building footprint and envelope of the adjoining dwellings

·      Streetscape elevations

·      Cross-sections

·      Construction techniques

·      Demolition techniques

The revised documentation has included additional information and details, including streetscape elevations, sections, and building envelope and footprints of the adjoining dwelling at 25 Hannan Street.

 

Sufficient site analysis information has been provided in the application. The planning officer has also inspected the site and the surrounding environment as part of the assessment process.

 

A demolition plan has been submitted, which clearly identifies structural fabrics that will be retained and removed.

 

Detailed information relating to construction and demolition techniques is not required for planning assessment at the development application stage. However, specific information demonstrating compliance with the Building Code of Australia will need to be prepared as part of the Construction Certificate documentation.

The proposed excavation works will result in noise and vibration impacts on the adjoining properties.

Standard conditions relating to site management, soil retention and working hours have been recommended to ensure that the construction works are executed in a proper manner and satisfy relevant industry standards.   

The proposal does not comply with the zoning objectives contained in the LEP and the controls stipulated in the DCP.

The proposal is considered to satisfy the objectives and performance requirements of relevant planning controls. Refer to the “LEP” and “DCP” sections of this report for details.

The proposal, if approved, will form an undesirable planning precedent for similar developments in the locality.

Each development application is considered having regard to the relevant planning controls and the merits of the proposal. The approval of the subject application is not considered to create an undesirable planning precedent.

The development will reduce the values of the surrounding residential properties.

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

 

6.      Technical Officers Comments

 

6.1    Development Engineer and Landscape Development Officer

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

 

Flooding Comments

In a previous DA for the site DA/591/2009 which was refused an initial assessment of the site indicated that the area may be subject to stormwater inundation during major storm events however after further investigation and site inspection by Council’s Development Engineer a flood study was not required for the following reasons:

 

·      The application proposed internal alterations only on the ground floor and was unlikely to affect the movement of stormwater through the site.

·      An escape route for stormwater is available westerly down Storey Street leading to a low point near the intersection of Nevorie Crescent as well as a large above ground detention basin in neighbouring Snape Park.

 

The current application seeks to alter the existing building footprint by enclosing an area of approximately 3 m2 at the south east corner of the dwelling. The existing adjacent boundary gate to Storey Street is proposed to be removed and replaced with a new portion of the southern wall of the building. The proposed removal of this access gate together with the slight raising of the floor level at the rear by 80mm can be argued to actually decrease the flooding risk at this location hence this small amount of additional floorspace is acceptable to Development Engineering. The garage is proposed to remain with current floor levels but a new door will be added on its western wall. These alterations are also acceptable to Development Engineering.

 

On the Hannan Street frontage a new deck area and door opening on the ground floor are proposed. Although no change in floor level is proposed this new opening was identified as having the potential to increase the flooding risk to the property and will now be discussed. During major storm events a ponding situation exists in front of the adjacent properties at 21 and 23 Hannan Street where Council’s footpath is lower than the adjacent kerb. When flooding occurs this area will fill up around two existing pits (Photos 1&2) in the footpath and then spill into the lower garage at No.23 Hannan Street Photo 3. The owner of this property informed me on site that the recent severe storm on the 12th Feb 2010 flooded their garage up to 1.3m in depth. This garage would always flood first before floodwater would get anywhere near the floor level of No.27 Hannan Street. If on the rare event that it does and also on the assumption that this garage may not exist in the future, floodwater would then spill over the kerb and crown of Hannan Street near the intersection with Storey street (photos 4 & 5) and flow westerly down an escape route in Storey Street towards a low point near Nevorie Crescent. The level of this spillover is approximately 250-300mm lower than the floor level of the house at No.27 Hannan Street according to the survey information provided on the submitted plans.

 

Development Engineering is therefore of the opinion that the additional openings in the Hannan Street frontage will not increase the flooding risk to the property.


 

Photo 1 Existing Pit (No. 23)

Photo 2 Existing pit at low point (No. 21)

 

 

Photo 3 Existing garage at No. 23 Hannan Street

(Flooding event of 12 Feb 2010 1.3m depth of water in garage)

 

 

 

Photo 4 Escape route

 

Photo 5 Escape route

 

 

 

Landscape Comments

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

 

7.      Master Planning Requirements

 

The site has a land area of only 191.7m2 and a master plan is not required.

 


8.      Relevant Environmental Planning Instruments

 

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

The site is located within Zone No. 2A (Residential A Zone) under RLEP 1998 (Consolidation). The proposal is consistent with the aims of the LEP and the specific objectives of Residential A Zone, in that the development will maintain the existing detached housing form, which is compatible with the character of the locality.

 

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

SEPP: BASIX applies to the proposed development and the application is accompanied with a BASIX Certificate. The commitments listed in the above certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

9.      Policy Controls

 

9.1    Randwick Development Control Plan (RDCP) Dwelling Houses and Attached Dual Occupancies

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

 

Landscaping

 

 

Preferred Solution

Assessment

S1

40% of the total site area (or 76.7m2) is provided as landscaped area.

The proposal has only reserved 29.7% of the site (or 56.9m2) as landscaped area and does not meet the preferred solution.

 

The existing landscaped area provision is approximately 28.5%. The proposed deviation from the preferred solution is considered to be acceptable as the development is constrained by the existing building footprints. The design scheme has maximised the provision of open areas by creating a new recessed light well in the front section of the dwelling. The development is considered to be satisfactory in this regard given its compliance with the objectives and performance requirements of the DCP.

 

S1

A minimum of 25m² of useable private open space is to be provided.

 

Over 48m2. Complies.

S1

Each dwelling must provide an area of private open space capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

 

6m x 7m, flat gradient. Complies.

S1

Private open space in the front yard area is located behind the building line.

The principal private open space is provided behind the building. Complies.

 

S6

20% of the total site area (or 38.3m2) has permeable treatment.

The proposal has reserved 13.6% of the site (or 26.0m2) as soft landscaped area and does not meet the preferred solution.

 

The site currently only provides a small lawn in the rear courtyard areas. The proposed development is constrained by the existing building footprints and allotment size. Notwithstanding, the drawings indicate the provision of landscape planting along the northern setback areas as well as a turfed garden within the rear courtyard. The development scheme has maximised permeable surfaces on the site and is considered to be acceptable in instance, given the existing site constraints and its compliance with the objectives of the control.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this size is a maximum floor space ratio of 0.65:1 (or 124.6m2 gross floor area). 

The proposal has a GFA and FSR of 184.6m2 and 0.96:1 respectively. Refer to comments below. 

 

The Objectives and Performance Requirements of the DCP in relation to floor space ratio aim to ensure that developments are not excessive in bulk or scale, are compatible with the existing character of the locality, and will minimise adverse amenity impacts on the neighbouring properties.

 

The proposed development has an FSR of 0.96:1, which equates to 184.6m2 GFA. The proposal will deviate from the DCP preferred solution by 0.31:1, which equates to 60m2 GFA. Notwithstanding, the proposal is considered to be satisfactory for the following reasons:

 

·      The locality is predominantly characterised by lower density detached and semi-detached residential developments of single- or double-storey in height. The proposed development will maintain a two-storey building scale, which is compatible with the surrounding dwellings in Hannan and Storey Streets.

 

·      The existing building has been constructed up to both street boundaries with no front setbacks (it appears that the building was originally designed and constructed as a corner shop given its configuration, massing, parapet treatment and setback arrangements). Notwithstanding, the design scheme has incorporated suitable articulations in the form of balconies, window openings and a combination of compatible surface finishes, which will minimise the visual scale and bulk of the structures. Given that the site is located at a street intersection, a slightly larger built element will contribute to strengthening the corner definition, and will not result in detrimental streetscape impacts.

 

·      The development scheme adopts low profile skillion roofing, which will minimise the overall building height. The resultant built form will not create a dominant feature in the streetscape.

 

·      The existing building has a GFA of approximately 167.9m2. The current proposal will increase the existing floor space by approximately 16.7m2. The extent of the increase is considered to be relatively minor in nature and will improve the functionality of the internal floor plates.

 

·      The proposal will not result in any unreasonable adverse impacts on the adjoining residential properties in terms of overshadowing or privacy. Refer to the following sections of this report for details.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceeding 7m

Approximately 6.6m. Complies.

S1

External wall height of buildings or additions to the rear does not exceed 3.5 m.

Garage wall 2.5m. Complies.

S3

Cut or fill does not exceed 1m.

The swimming pool will require excavation of up to approximately 2m. Notwithstanding, the pool will not create any substantial retaining walls that are visible from the public or private domain. Standard conditions are recommended to require adequate soil retention measures to be undertaken during works on the site. 

S3

No excavation within 900mm of a side boundary.

The proposed swimming pool is setback approximately 600mm from the northern side boundary. Notwithstanding, the pool will not create any substantial retaining walls that are visible from adjoining property. Standard conditions are recommended to require adequate soil retention measures to be undertaken during works on the site. 

 

S3

No excavation within 4m of a rear boundary.

More than 4m. Complies.

S4

The length of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary.

Wall sections less than 12m. Complies.

S5

The second storey portion of a semi-detached dwelling be confined to within the existing roof space or be set back from the front elevation behind a substantial portion of the existing roof form and the design respects the symmetry of the adjoining semi-detached dwelling.

 

Not applicable.

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The existing building has no setbacks from the street boundaries. The proposal will maintain the existing building alignment on the Hannan Street and Storey Street boundaries.

S2

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

The dwelling is setback more than 4.5m from the eastern boundary.

S3

Side setbacks be 900mm for any part of the building at ground level.

Northern setback

0m to 0.95m

Southern setback

Nil

Refer to comments below.

S3

Side setbacks be 1.5m at second floor level.

Northern setback

0m to 0.95m

Southern setback

Nil

Refer to comments below.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

 

The side setback controls aim to allow occupants and neighbours adequate natural lighting and ventilation.

 

The building has nil setbacks from the southern, Storey Street boundary. The building has partially reserved a 950mm setback from the northern boundary at both the ground and first levels. The above elements do not meet the DCP preferred solutions. Notwithstanding, the proposal is considered satisfactory for the following reasons:

 

·      The development scheme aims to preserve the existing building on the subject site. The setback conditions represent the existing constraints of the site.

 

·      Given the corner location of the site, the majority of the shadows will cast upon the road reserve and will not significantly impact on any adjoining or nearby properties.

 

·      The proposal will create a light well in the front section of the building. The development is considered to contribute to improved ventilation of both the subject and adjoining dwellings.

 

·      The 950mm setbacks of the rear section of the dwelling at both levels will maintain a suitable spatial separation from the adjoining dwelling to the north for ventilation and privacy protection purposes.

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

Refer to comments below.

 

 

S1

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

Refer to comments below.

S1

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

Refer to comments below. 

S3

Buildings comply with AS 371 and AS 2107.

A standard condition is recommended to ensure the development works comply with the Building Code of Australia. 

 

Visual privacy

The Objective of the DCP is to ensure that new buildings and additions retain visual and acoustic privacy for the occupants and neighbours. Specifically, the Performance Criteria of the DCP state that overlooking of internal living areas and private open space of residential development is to be minimised through appropriate building layout, location of balconies and windows, separation, screening and landscaping.

 

Ground floor patio/light well

The proposal includes a new light well in the front section of the dwelling. This outdoor space is primarily configured to allow natural lighting and ventilation to the living areas and is not considered to enable intensive usage. Notwithstanding, a special condition is recommended to require a 1.8m high solid masonry fence along the northern boundary of the light well in order to minimise privacy and noise impact on the adjoining dwelling at 25 Hannan Street.

 

Ground and first floor northern windows

A special condition is recommended to ensure the north-facing stairwell windows are constructed with fixed, obscured glazing. A further condition is recommended to require the eastern window to the first floor laundry to be constructed with fixed, obscured glazing. The above requirements are aimed at minimising adverse privacy impacts on 25 Hannan Street.

 

The upper floor hallway has a northern window that overlooks the light well below. Given that this window is setback from the boundary, the angle of view is significantly constrained and will not allow overlooking of the southern bedroom windows of 25 Hannan Street. A small portion of the front yard of 25 Hannan Street may be visible from the hallway window. However, the front yard serves as an intermediate space between the public and private domain and is already clearly visible from the street. The proposal is therefore not considered to result in detrimental privacy impacts on the northern neighbour.

 

First floor rear balcony

The rear balcony on the first floor level is capable of obliquely overlooking into the private open space of 25 Hannan Street. The drawings indicate the installation of a privacy screen on the northern side elevation of the balcony. A special condition is recommended to ensure the configuration of the privacy screen effectively restricts cross-viewing into the adjoining property.

 


Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

Complies.

S1,3

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

The rumpus room and bedroom windows will overlook the street. Complies.

S2

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

To be required by condition. 

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

Council’s Parking DCP requires 1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

The proposal includes 4 bedrooms and the preferred solution specifies the provision of 2 car spaces. A single garage is provided and does not meet the preferred solution.

 

Notwithstanding, the development scheme aims to maintain the existing single garage on the site. Given the constrained dimensions and size of the site, the provision of any additional car parking space will significantly reduce landscaped area provision. There are sufficient kerb-side parking spaces in the surrounding streets, which can satisfy any overflowed parking demand. Therefore, the proposal is considered to be acceptable in this instance. 

S1

Car parking spaces have a minimum dimension of 5.5m x 2.5m.

Complies.

S1

Driveways have minimum width of 3m and are set back at least 1m from the side boundary.

Approximately 3m, setback less than 1m from the eastern boundary.

 

The proposed driveway is setback less than 1m from the side boundary and does not meet the preferred solution. The development scheme intends to preserve the existing garage on the site. The garage is setback a minimum of approximately 500mm from the street alignment. Council’s Development Engineer has reviewed the access design and raised no objections on engineering or safety grounds, subject to standard conditions.

S1

Driveways have a maximum width of 3m at the property boundary.

Approximately 3m. Complies.

S1

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

Complies. 

S1

With respect to garages and carports to rear lanes these should be set back 1m to improve pedestrian visibility.

Not applicable.

S2

Parking and access is provided from the rear of the allotment where possible.

Vehicular access is provided at the rear from the secondary frontage. Complies.

S2

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

Not applicable.

S2

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

Approximately 12.7%. Complies.

 

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

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

Hannan Street

The drawings show the provision of 1.8m high fence on the Hannan Street frontage, which consists of a solid masonry base with timber slats above. A specific condition is recommended to ensure the masonry base does not exceed 1200mm in height, in order to maintain casual surveillance for the street.

 

Storey Street

The application proposes the provision of 1.8m high fencing along the secondary frontage. The fence is predominantly characterised by solid masonry articulated by timber slats in the uppermost portion. A standard condition is recommended to ensure that the height of the side and rear fences does not exceed 1800mm, in order to avoid adverse visual impacts on the adjoining dwellings and the public domain. 

S1

Fences in front of the building line or on street frontages may be up to 1.8m provided that the upper two thirds is at least 50% open.

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

New dwellings comply with a minimum of 3.5 stars on the NatHERS.

Refer to “BASIX”. 

S2

Private open space receives at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

The majority of the rear courtyard will receive a minimum of 3 hours of direct sunlight on 21 June. Complies. 

S2,8

North-facing windows to living areas receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

The principal living room windows are oriented to the east and west, and will receive 3 hours of direct sunlight on 21 June. Complies.

S9

Solar access to existing or future solar collectors on adjacent buildings is maintained between 9am and 3pm each throughout the year.

The proposal will not overshadow any roof- mounted solar collectors on the adjoining properties. Complies.

 

S9

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

Given the site’s corner location, the proposal will not overshadow any north-facing windows of the adjoining and nearby properties.

S9

Principal outdoor recreation space of neighbouring dwellings receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

Given the site’s corner location, the proposal will not overshadow the principal private open space of the adjoining and nearby properties.

 

9.2    Randwick Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost $100001 - $200000

------

------

------

Development cost more than $200000

$250,000

1.0%

$2,500.00

 

10.    Environmental Assessment

 

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

 

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 will be satisfied by the recommended conditions.

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

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

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

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

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

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

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

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:               Leadership in sustainability, excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

The design will be sympathetic to the character of Hannan and Storey Streets. The proportions, massing, colours, materials and finishes proposed are considered to be satisfactory. The development scheme will not have a significant impact on the amenity of surrounding properties in terms of visual bulk and scale, solar access and privacy, subject to the recommended conditions.

 

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

 

 

Recommendation

 

That Council as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 255/2010 for substantial alterations and additions to an existing detached dwelling, including extension of the first floor level, construction of a swimming pool, modification to the existing garage and associated works, at No. 27 Hannan Street, Maroubra, subject to the following conditions:

 

Conditions of Consent

 

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

 

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

 

Plan Number

Dated

Received

Prepared By

DA000(G)

16.06.2010

25 June 2010

ISA Designs

DA005(G)

16.06.2010

25 June 2010

DA006(G)

16.06.2010

25 June 2010

DA007(G)

16.06.2010

25 June 2010

DA008(G)

16.06.2010

25 June 2010

DA009(G)

16.06.2010

25 June 2010

DA010(G)

16.06.2010

25 June 2010

DA011(G)

16.06.2010

25 June 2010

DA012(G)

16.06.2010

25 June 2010

DA013(G)

16.06.2010

25 June 2010

DA014(G)

16.06.2010

25 June 2010

DA019(G)

16.06.2010

25 June 2010

 

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

 

2.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the approved drawings.

 

3.       Metal roof sheeting is to be pre-painted (e.g. colourbond) in order to minimise light reflection and glare to the surrounding areas.

 

4.       A fixed privacy screen of minimum 1800mm in height, as measured from the finished floor level, shall be installed along the northern elevation of the first floor rear balcony. The screen shall be constructed with 35mm wide timber or metal slats, vertically or horizontally positioned, and spaced at a maximum of 25mm; or obscured glazing; or another appropriate design that effectively restricts cross-viewing into 25 Hannan Street. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation to the satisfaction of the certifying authority. 

 

5.       The north-facing stairwell windows as well as the eastern window to the first floor laundry shall be constructed with fixed, obscured glazing. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation to the satisfaction of the certifying authority.

 

6.       The proposed fencing on the Hannan Street frontage shall have a maximum height of 1800mm as measured from the footpath level. The solid masonry portion, with the exception of any piers, shall not exceed 1200mm as measured from the footpath level. In addition, the timber slats in the upper portion of the fence shall be adequately spaced so that they are at least 30% open.

 

7.       A solid masonry fence of not less than 1800mm in height, as measured from the existing ground level, shall be constructed along the northern boundary of the ground floor “patio” / light well, in order to minimise privacy and noise impacts on the adjoining dwelling to the north at 25 Hannan Street. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation to the satisfaction of the certifying authority.

 

8.       Any proposed fences on the side or rear boundaries of the premises (unless otherwise specified in this consent) shall not exceed a maximum height of 1800mm, measured above the existing ground levels.

 

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

 

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

 

9.       Suitable graffiti-proof surface coating / treatment shall be provided along the southern wall of the dwelling up to at least 2000mm as measured from the footpath level. In addition, the coating / treatment shall be applied to the whole of the masonry fence on the Storey Street frontage. Details demonstrating compliance with the above requirements shall be incorporated in the Construction Certificate documentation to the satisfaction of the certifying authority.

 

10.     Street and unit numbering must be provided to the premises in a prominent position, in accordance with Australia Post guidelines and AS/NZS 4819 (2003).

 

11.     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.

 

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

 

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

 

Options may include one or more of the following measures:

 

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

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

 

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

 

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

 

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

 

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

 

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

 

15.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $250,000 the following applicable monetary levy must be paid to Council: $2,500.

 

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

 

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

 

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

 

16.     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.

 

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

 

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

 

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

 

18.     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)

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

                                        

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

 

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

 

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 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).

 

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

 

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

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

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

 

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

 

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

 

27.     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.

 

28.     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.

 

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

 

Smoke alarms must comply with AS3786 – Smoke alarms and be connected to the consumer mains electric power supply and provided with a battery back-up.

 

Details of compliance with the provisions of the Building Code of Australia must be included in the plans/specification for the construction certificate.

 

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

 

30.     A Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing building to support the upper floor addition and associated works.

 

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

 

·          Occupational Health and Safety Act 2000 & Regulations

·          WorkCover NSW Guidelines & Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

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

 

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

 

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

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

·          Details of hazardous materials (including asbestos)

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

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works will commence

 

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

 

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

 

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

 

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

 

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction;

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management details.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

●        before 7.00am or after 8.00pm on weekdays.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

 

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

 

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

 

Civil Works Conditions

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

 

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

 

Alignment Level Conditions

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

 

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

 

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

 

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

 

Service Authority Conditions

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

 

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

 

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

 

Drainage Conditions

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

 

52.     Stormwater runoff from the site shall be discharged either:

 

a)       To the kerb and gutter along the site frontage  in Hannan or Storey Street by gravity; OR

 

b)       To Council’s underground drainage system in Hannan or Storey Street by gravity via a existing drainage pit.

 

Landscape Condition

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

 

53.     That part of the naturestrip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Planning Committee

14 September 2010

 

 

 

Development Application Report No. D63/10

 

 

Subject:                  55 Raglan Street, Malabar

Folder No:                   DA/704/2009/A

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     S96 modification to the approved alterations and additions to a detached dwelling, including amendment of Deferred Commencement Condition 1 relating to the finished floor levels of the upper storey; deletion of Deferred Commencement Condition 2 relating to removal of the first floor kitchenette; and satisfaction of Deferred Commencement Conditions 3 and 4 relating to the design of privacy screens and planter box at the first floor deck

Ward:                      South Ward

Applicant:                O Gaussen

Owner:                         O Gaussen & G Gaussen

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan


1.      Executive Summary

 

The subject application is referred to the Planning Committee Meeting for determination at the request of Councillors Andrews, Matthews and Seng.

 

The application was notified from 30 June to 15 July 2010 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of three (3) submissions were received at the conclusion of the public consultation process. The issues raised are primarily related to the potential illegal use of the dwelling as a dual occupancy, intensification of land use, privacy, noise, visual bulk and scale, overshadowing, property devaluation and inadequate notification of the original development application. The submission issues have been addressed within the body of this report.

 

The site is located within Zone No. 2A (Residential A Zone) under RLEP 1998 (Consolidation). The proposal is consistent with the aims of the LEP and objectives of the Residential A Zone in that the modified development will maintain the existing detached housing form, which is compatible with the predominant character of the locality.

 

The original development proposal (DA/704/2009) for alterations and additions to the existing detached dwelling, including construction of a first floor level and a detached garage fronting Raglan Street, was approved by Council on 24 March 2010, subject to specific Deferred Commencement Conditions.

 

The current modification proposal will reduce the overall height of the dwelling by 500mm from 8.5m (RL 21.50) to 8.0m (RL 21.00). The amended design will also step in the south-western and south-eastern walls of the first floor “retreat” to reduce the amount of cantilevered overhangs in the built form. The above changes are consistent with the requirements of the Deferred Commencement Conditions, and will appropriately reduce the bulk and scale of the development to achieve a suitable streetscape outcome. 

 

The modification will extend the vertical blade screens at the edge of the first floor deck so that they will cover half of the length of the deck. A planter box with minimum 600mm soil depth will also be installed along the full length of the deck. The above design measures function to minimise direct cross viewing to the courtyards and rear windows of the adjoining dwellings, and are consistent with the requirements of the Deferred Commencement Conditions.

 

The current application also proposes the reinstatement of the kitchenette in the first floor “retreat” area, which is required to be deleted by the condition. The kitchenette will contain a bench top and sink. The facility is not considered to materially intensify the use of the dwelling or result in significant additional noise and privacy impacts. Given that the overhangs at the southern corner of the first floor level (which were intended to accommodate the kitchenette in the original proposal) will be deleted with the visual bulk of the works reduced, the reinstatement of the kitchenette is considered to be satisfactory.

 

The modified development complies with the relevant objectives and performance requirements of DCP – Dwelling Houses and Attached Dual Occupancies. The proposal will not result in significant adverse impacts upon the amenity of the streetscape and surrounding properties in terms of visual bulk and scale, solar access and privacy.

 

The modification proposal satisfies the matters for consideration under Sections 79C and 96 of the Environmental Planning and Assessment Act 1979, as amended, and is recommended for approval subject to amended and additional conditions.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 3 in DP 623477, No. 55 Raglan Street, Malabar. The site has a battle-axe configuration with a 2.6m wide “access handle” located off Raglan Street and a general frontage towards Victoria Lane. The land area and dimensions of the site are summarised in the table below:

 

Boundary

Length

Land area

North-western, Raglan Street boundary

2.6m

383.6m2

Corner splay at Raglan Street and Victoria Lane intersection

1.415m

South-western, Victoria Lane boundary

39.235m

South-eastern, side boundary adjoining 70 Victoria Street

13.715m

North-eastern, rear boundary adjoining 66 and 68 Victoria Street

23.655m

North-western, side boundary adjoining 57 Raglan Street

10.115m

North-eastern, side boundary adjoining 57 Raglan Street

16.58m

 

At present, the site accommodates a single-storey detached dwelling of brick and tiled roof construction. A garage is located at ground floor of the dwelling with access from Victoria Lane. A swimming pool and a detached pergola are located in the south-eastern section of the site. The “access handle” is currently vacant without building structures.

 

The site is adjoined to the north-west by a part 1- and part 2-storey detached dwelling (57 Raglan Street). To the north-east and south-east of the site are the rear courtyards of three detached dwellings fronting Victoria Street (66, 68 and 70 Victoria Street). The locality is predominantly characterised by lower density detached residential developments. The adjoining dwelling at 66 Victoria Street is listed as a heritage item under Randwick Local Environmental Plan 1998 (Consolidation) (Inventory No. 413: “Sunnyside”, Edwardian cottage).

 

Figures 1 to 4 below show the existing buildings on the subject site.

 

Figure 1 The subject site as viewed from the intersection of Raglan Street and Victoria Lane

 

Figure 2 The Victoria Lane frontage of the subject site

 

 

Figure 3 The south-western elevation of the existing dwelling on the site

 

Figure 4 The existing swimming pool in the courtyard area of the site

 

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. 704/2009. The proposal includes the following components:

 

(a)    Modification of Deferred Commencement Condition 1

Deferred Commencement Condition 1 currently reads as follows:

 

1.       The maximum height of the building shall be reduced by 500mm from RL21.50 to RL21.00 AHD. This shall be achieved by reducing the finished floor levels of the “retreat” and/or “study” areas. Amended floor plans, elevations and sections demonstrating compliance with the above requirements are to be submitted for assessment.

 

The amended design has reduced the ridge height of the dwelling by 500mm from RL21.50 to RL21.00 AHD consistent with the requirement of the condition, through lowering the finished floor levels of the bedroom, study, retreat, deck and stair landing areas. The adjustments to the floor levels are summarised as follows:

 

Areas

Approved finished floor levels

Proposed finished floor levels

Change

Bedroom 1

RL 17.00

RL 16.85

- 150mm

Study

RL 17.90

RL 17.67

- 230mm

Retreat

RL 18.25

RL 18.15

- 100mm

Deck

RL 18.25

RL 18.15

- 100mm

 

The above revision involves changes to areas other than the “retreat” and “study” as prescribed in the second sentence of the condition. Accordingly, the second sentence is proposed to be deleted to accommodate the floor level reductions.

 

(b)    Deletion of Deferred Commencement Condition 2

Deferred Commencement Condition 2 currently reads as follows:

 

2.       The “kitchenette” in the first floor “retreat” area shall be deleted. In addition, the south-western and south-eastern walls to the former kitchenette shall be stepped in approximately 600mm and 350mm respectively to align with the adjacent external enclosing walls.

 

Notwithstanding, a minor corner feature element that protrudes beyond the general alignment of the first floor external walls may be considered, provided it does not significantly add to the visual bulk of the structures.

 

Amended floor plans, elevations and sections demonstrating compliance with the above requirements are to be submitted to the satisfaction of Council.

 

The revised design has stepped in the south-western and south-eastern walls of the first floor “retreat” to reduce the amount of overhangs in the built form, consistent with the requirement of the condition.

 

The application proposes to reinstate the kitchenette in the “retreat” area, which will consist of a sink and bench.

 

Given that the amended plans have deleted the cantilevered overhangs in question, it is considered that Condition 2 should be deleted to facilitate the reinstatement of the kitchenette.

 

(c)    Provision of amended details to satisfy the requirements of Deferred Commencement Condition 3

Deferred Commencement Condition 3 currently reads as follows:

 

3.       The vertical blade privacy screens along the outer edge of the deck on the first floor level shall be extended southwards so that they cover at least half of the length of the deck. In addition, the individual blades shall be permanently fixed and adequately spaced to effectively restrict cross-viewing into the private open space of Nos. 66 and 68 Victoria Street. A 1:50 or larger scaled plan is to be submitted to demonstrate compliance with the above requirements.

 

The modification proposal has extended the vertical blade screens so that they cover half of the length of the first floor deck. A 1:50 scaled plan has been submitted which clearly demonstrates the above changes. The submitted details are considered to satisfy the requirements of Condition 3.

 

(d)    Provision of amended details to satisfy the requirements of Deferred Commencement Condition 4

Deferred Commencement Condition 4 currently reads as follows:

4.       The internal width (exclusive of enclosing wall thicknesses) of the planter box along the edge of the first level deck shall be a minimum of 500mm. The planter box shall be capable of accommodating a minimum soil depth of 600mm. Suitable Australian native shrubs are to be installed within the above planter box and be adequately spaced so that cross viewing into the private open space of the adjoining properties are minimised. Details demonstrating compliance, including a planting schedule specifying the species in botanical and common names, mature height and spread and spacing of the shrubs, shall be submitted for assessment.

 

The modification proposal has included details showing that the planter box along the edge of the first floor deck has an internal clear width of approximately 550mm and a soil depth of 600mm. The garden bed will be planted with Coast Rosemary which will attain a mature height of at least 800mm.

 

It is considered that the width of the planter box and the shrub planting will restrict direct cross viewing into the adjoining properties.

 

The submitted details are considered to satisfy the requirements of Condition 4.

 

(e)    Other changes

The first floor window W10 on the south-eastern elevation has been reduced in size. The window was shown to have a full height in the original development application.

 

Note: Where the subject Section 96 application is approved, formal correspondence will be forwarded to the applicant confirming that the Deferred Commencement Conditions, as amended, have been satisfied by the Section 96 revised drawings.

 

4.      Site History

 

4.1    Approved development

On 24 March 2010, Council under delegated authority granted Deferred Commencement Approval for the alterations and additions to the existing dwelling, including construction of a first floor level, a detached garage fronting Raglan Street and associated works on the subject site.

 

The Deferred Commencement Conditions are extracted below:

 

Deferred Commencement Conditions

The consent is not to operate until the following details/plan amendments have been submitted to, and approved by, Council’s Director of City Planning:

 

1.   The maximum height of the building shall be reduced by 500mm from RL21.50 to RL21.00 AHD. This shall be achieved by reducing the finished floor levels of the “retreat” and/or “study” areas. Amended floor plans, elevations and sections demonstrating compliance with the above requirements are to be submitted for assessment.

 

2.   The “kitchenette” in the first floor “retreat” area shall be deleted. In addition, the south-western and south-eastern walls to the former kitchenette shall be stepped in approximately 600mm and 350mm respectively to align with the adjacent external enclosing walls.

 

Notwithstanding, a minor corner feature element that protrudes beyond the general alignment of the first floor external walls may be considered, provided it does not significantly add to the visual bulk of the structures.

 

Amended floor plans, elevations and sections demonstrating compliance with the above requirements are to be submitted to the satisfaction of Council.

 

3.   The vertical blade privacy screens along the outer edge of the deck on the first floor level shall be extended southwards so that they cover at least half of the length of the deck. In addition, the individual blades shall be permanently fixed and adequately spaced to effectively restrict cross-viewing into the private open space of Nos. 66 and 68 Victoria Street. A 1:50 or larger scaled plan is to be submitted to demonstrate compliance with the above requirements.

 

4.   The internal width (exclusive of enclosing wall thicknesses) of the planter box along the edge of the first level deck shall be a minimum of 500mm. The planter box shall be capable of accommodating a minimum soil depth of 600mm. Suitable Australian native shrubs are to be installed within the above planter box and be adequately spaced so that cross viewing into the private open space of the adjoining properties are minimised. Details demonstrating compliance, including a planting schedule specifying the species in botanical and common names, mature height and spread and spacing of the shrubs, shall be submitted for assessment.

 

Evidence required to satisfy the above conditions must be submitted to Council within 12 months of the date of this consent.

 

5.      Community Consultation

 

The subject application has been notified from 30 June to 15 July 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:

 

·      57 Raglan Street, Malabar

·      66 Victoria Street, Malabar

·      68 Victoria Street, Malabar

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposed kitchenette will enable the upper floor level to be used as a separate dwelling and accordingly convert the building into a dual occupancy.

The development scheme does not include any separate entry to the first floor level. The provision of a small kitchenette consisting of a sink and bench is not considered to convert the dwelling house into a dual occupancy.

 

To address the concern of the submissions, an additional condition is recommended to clearly prohibit the use or conversion of the dwelling as a dual occupancy.

The proposed kitchenette will intensity the use of the upper floor level and result in additional privacy and noise impacts on the neighbours.

The proposed kitchenette consists of a sink and bench and is to be located at the southern corner of the first floor level. The kitchenette is not considered to result in significant noise emission that is perceivable from the adjoining dwellings.

 

As discussed above, the kitchenette facility will not convert the building into a dual occupancy and accordingly is not considered to result in material additional privacy impacts. This is especially the case as the dwelling houses of the adjoining properties at 66, 68 and 70 Victoria Street are separated substantially from the subject building.

The development will significantly overshadow the adjoining dwellings at 66 and 68 Victoria Street.

The dwellings at 66 and 68 Victoria Street are located to the north-east of the site. The development will not result in any material shadow impacts on the aforementioned properties.

 

The current Section 96 application does not involve substantial changes to the approved building envelope and floor space. The shadow impacts of the approved development have already been assessed as being satisfactory having regard to the DCP controls.

The proposed first floor deck will overlook the courtyards and rear windows of the adjoining dwellings at 66 and 68 Victoria Street.

 

Additional privacy screens should be installed in the deck areas.

The subject Section 96 application includes the extension of the vertical blade screens so that they cover half of the length of the first floor deck, consistent with the requirements of the Deferred Commencement Condition.

 

The current proposal is considered to improve the amenity of the adjoining residential properties.

The development has an excessive bulk and scale and will visually dominate the locality.

The built form, bulk and scale of the original development proposal have been assessed as being satisfactory, subject to specific Deferred Commencement Conditions.

 

The subject Section 96 application will reduce the ridge height of the building by 500mm and delete the overhangs at the southern corner of the first floor level, consistent with the requirements of the Deferred Commencement Conditions.

 

The current proposal is considered to satisfy the conditions of the development approval and the objectives of relevant DCP controls, and will not result in unreasonable streetscape impacts. 

The adequacy of the approved design embodied in the original development application should be revisited as part of Council’s Section 96 assessment.

The design of the original development proposal has been assessed as being satisfactory, subject to specific Deferred Commencement Conditions. The subject Section 96 application does not involve substantial changes to the approved building envelope and aims at satisfying the requirements of the imposed conditions.

 

It is not reasonable and possible to revisit the original development scheme as part of the Section 96 application under the Environmental Planning and Assessment Act 1979.

 

The original development application for 55 Raglan Street has not been notified to the adjoining property at 66 Victoria Street.

The original development application (DA/704/2009) has been notified to the adjoining and nearby properties in accordance with DCP – Public Notification of Development Proposals and Council plans. According to Council’s records, the adjoining property at 66 Victoria Street has been notified.

The proposed development will reduce the values of the adjoining residential properties.

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

6.      Technical Officers Comments

 

No referrals to other departments within Council are required for this application.

 

7.      Master Planning Requirements

 

The site has a land area of only 383.6m2 and a master plan is not required.

 

8.      Relevant Environmental Planning Instruments

 

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

The site is located within Zone No. 2A (Residential A Zone) under RLEP 1998 (Consolidation). The proposal is permissible with development consent. The modified development is considered to satisfy the objectives of the Residential A Zone in that the proposal will maintain the existing detached housing form and will be compatible with the lower density residential character of the locality.

 

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

SEPP: BASIX applies to the proposed development. The subject application includes a revised BASIX Certificate No. A87461. The provisions of the certificate indicate that compliance with the current targets set for energy and water conservation will be met by the modified development. Condition 9 of the existing 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.

 

9.      Policy Controls

 

9.1    Randwick Development Control Plan – Dwelling Houses and Attached Dual Occupancies

The Dwelling Houses and Attached Dual Occupancies DCP applies to the proposed development. The relevant controls are addressed as follows:

 

Landscaping and open space

The Section 96 proposal does not alter the approved landscaped area and private open space provision.

 

Floor area

The approved development proposal (DA/704/2009) has a total gross floor area of 216.4m2. The subject modification scheme will delete the projecting overhangs at the southern corner of the first floor level, and consequently will reduce the total floor space by 0.74m2 to 215.66m2. The current design will reduce the visual bulk of the building and is considered to satisfy the objectives and performance requirements of the DCP relating to floor area.

 

Building height

Deferred Commencement Condition 1 requires the maximum building height to be reduced by 500mm from 8.5m (RL 21.50) to 8m (RL 21.00). The modification drawings demonstrate full compliance with the above requirement.

 

The modified development involves reduction of the ridge height and deletion of the overhangs at the southern corner of the first floor addition, and is considered to appropriately reduce the visual bulk and scale. The modification proposal will improve the streetscape presentation of the building and is considered satisfactory having regard to the objectives and performance requirements of the DCP.

 

Setbacks

The proposal does not involve any changes to the approved building setbacks.

Car parking

The subject proposal does not involve any changes to the approved car parking provision and garage design.

 

Privacy

The Objective of the DCP is to ensure that new buildings and additions retain visual and acoustic privacy for the occupants and neighbours.

 

The development includes a first floor deck, which is oriented towards the private open space of Nos. 66 and 68 Victoria Street, and is capable of intruding into the privacy of the neighbours. However, the modified proposal is considered to be acceptable for the following reasons:

 

·      The site will enjoy glimpses of distant headland and sea views from an elevated position towards the south-west. There are merits in providing a deck area to capture the advantages available to the site.

 

·      The modification proposal includes the installation of vertical blade screens that extend across half of the length of the deck. The screens will be fixed and oriented towards the south-west so that direct cross viewing to the neighbours’ backyards and rear windows is restricted.

 

In addition, a planter box will be installed along the full length of the deck with appropriate shrub planting. The planter box and landscaping will further limit the angle of view of a person standing in the deck area.

 

It is considered that the above design measures will minimise direct overlooking into the adjoining private open space and windows and will satisfy the objectives of the control.

 

Solar access

The approved proposal has been assessed as being satisfactory having regard to the solar access controls in the DCP. The subject modification proposal will reduce the building height by 500mm and will not exacerbate the shadow impacts beyond the level of the approved scheme.

 

9.2    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.

 

10.    Environmental Assessment

 

10.1  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 proposal does not involve any significant changes to the approved building envelope, floor space or landscaped area provision. The proposed modification only involves reduction of the building height and cantilevered overhangs and internal changes. The proposal will reduce impacts on the streetscape and the amenity of the neighbouring properties. 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. The issues raised in the submissions have been addressed within the body of this report.

 

·      Consultation with relevant public authorities

No referrals to other public authorities are required for this application.

 

10.2  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

Appropriate standard conditions are recommended to address the relevant clauses of the Environmental Planning and Assessment Regulation 2000.  

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 have been addressed 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, subject to the recommended 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

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

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 conditions. The development is considered to be within the public interest, subject to compliance with the conditions of consent.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Leadership in sustainability, excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The modified development complies with the relevant objectives and performance requirements of DCP – Dwelling Houses and Attached Dual Occupancies. The proposal will reduce the ridge height and cantilevered overhangs of the building, which will improve the visual mass of the structures and character of the streetscape. The proposal will not result in significant adverse impacts upon the amenity of the streetscape and surrounding properties in terms of visual bulk and scale, solar access and privacy.

 

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. 704/2009 for amendment of Deferred Commencement Condition 1 relating to the finished floor levels of the upper storey; deletion of Deferred Commencement Condition 2 relating to removal of the first floor kitchenette; and satisfaction of Deferred Commencement Conditions 3 and 4 relating to the design of privacy screens and planter box at the first floor deck, at 55 Raglan Street, Malabar, in the following manner:

 

·      Amendment of Deferred Commencement Condition 1 to read as follows:

 

1.   The maximum height of the building shall be reduced by 500mm from RL21.50 to RL21.00 AHD. Amended floor plans, elevations and sections demonstrating compliance with the above requirements are to be submitted for assessment.

 

·      Deletion of Deferred Commencement Condition 2.

 

·      Amendment of Consent 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:

 

Plan Number

Dated

Received

Prepared By

0902 DA001(F)

24.06.10

28 June 2010

CKDS Architecture

0902 DA101(F)

21.06.10

28 June 2010

0902 DA103(F)

24.06.10

28 June 2010

0902 DA104(F)

24.06.10

28 June 2010

0902 DA105(F)

24.06.10

28 June 2010

0902 DA107(A)

24.06.10

28 June 2010

0902 DA201(F)

24.06.10

28 June 2010

0902 DA202(F)

24.06.10

28 June 2010

0902 DA203(F)

24.06.10

28 June 2010

0902 DA301(F)

24.06.10

28 June 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 56 to read as follows:

 

56.  The building is to be used as a single residential dwelling only at all times and must not be used as an attached dual occupancy (as defined in the Randwick Local Environmental Plan 1998 Consolidation). Specifically, the upper floor level of the building shall not be used or converted as a separate dwelling unit.

 

Attachment/s:

 

Nil

 

 


Planning Committee

14 September 2010

 

 

 

Development Application Report No. D64/10

 

 

Subject:                  8-12 Ascot Street, Kensington

Folder No:                   DA/386/2010

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Partial enclosure of the terrace to unit 6

Ward:                      West Ward

Applicant:                C Azzollini

Owner:                         Owners Corporation SP 14835

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

 

1.    Executive Summary

 

The proposal details the enclosure of the partial enclosure of the existing terrace to Unit 6 within the existing residential flat building. The application is referred to Council as the proposal includes a SEPP 1 Objection to the maximum floor space ratio control in the Randwick LEP that is greater than 10%.

 

The proposed development for this enclosure of the terrace will not detract from the overall appearance of the building, compromise the architectural integrity of the building and/or set a poor precedent for any future patrial enclosure of other terrace at the ground level of the building.

 

The application is recommended for approval.

 

2.    The Proposal

 

The proposal includes the partial enclosure of the existing terrace to unit by the installation of an aluminium windows and sliding to the columns that form an undercroft adjoining the existing open terrace. The terrace enclosure will provide for an additional 7 of floor area to the building.

 

3.    The Subject Site and Surrounding Area

 

The locality is primarily residential in nature and contains a mixture of semi detached and free standing dwelling and residential flat buildings.

 

The subject site is on the southern side of Ascot Street and has a frontage of 30.48m to Ascot Street and depth of 42.95/43.74m and an area of 1316m.

 

4.    Site History

 

Approval was granted under DA/955/2002 for the demolition of the existing three dwellings and the erection of a three storey multi unit housing development containing 24 dwellings with basement parking.

 

5.    Community Consultation

 

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

 

6.    Relevant Environmental Planning Instruments

 

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

 

-Environmental Planning and Assessment Act 1979 as amended.

-Randwick Local Environmental Plan.

-Building Code of Australia.

-Development Control Plan- Multi Unit Housing Development.

 

(a)    Randwick Local Environmental Plan 1998

The site is zoned 2C under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

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

 


Clause 20 F FSR

Clause 20F of LEP 1998 states that the maximum floor space ratios for buildings, other than buildings erected for the purpose of a dwelling house, within the 2C Zone is 0.9:1. The resultant floor space ratio of the building is 1.035:1 which exceeds the control and a SEPP 1 Objection has been lodged and is discussed below.

 

7.      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 20F 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. 2C is 0.9:1 or 1184m2 gross floor area (GFA). The proposal has an FSR of 1.035:1 or 13622 GFA, and exceeds the development standard by 0.135:1 or 178m2. The proposal entails a variation to the standard by 15%.

 

The proposed variation is summarised in the table below:

 

Floor space ratio (FSR)

Gross floor area (GFA)

Existing building

1.030.:1

1355m2

Proposed development inclusive of existing floor space

1.035:1

1362m2

Permissible FSR /  GFA

0.9:1

1184m2

FSR / GFA in excess of LEP standard

0.135:1

178m2

 

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 operate together with controls for building height and landscaped area to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the site”

 

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

 

·        The proposal remains within the reasonable limits for residential development and does not increase impact on nearby and adjoining dwellings, and

 

·        The proposal is consistent with the original approved development, and 

 

·        The proposal should be assessed on merit rather than numerical assessment in consideration of it’s small scale relative to the large site area.

 

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 proposal will involve the enclosure of an existing undercroft area only and does not project past the existing building envelope, and

 

·      The proposal will not result in any significant loss of private outdoor living space for the unit in that the remaining open terrace area and landscaped private garden area is maintained, and.

 

·      The proposed partial enclosure of the terrace will not adversely impact the physical appearance of the building with regard to the perceived bulk and scale of the building; and

 

·      The degree of non compliance is not significant and represents only 7m in excess of the existing building floor area.

 

·      The development will not result in any adverse impact upon the amenity of the adjoining residents.

 

In conclusion, the submitted SEPP 1 Objection has addressed the consistency of the proposed development with the underlying and stated purposes of the standards, the local planning objectives for the locality and objectives of the Act, and has properly justified that strict compliance with the development standards is unreasonable and unnecessary in the circumstances of the case. As such, it is considered that the objection is well founded and should be supported.

 

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 standard is 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 is not in conflict with the existing 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.

 

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 to maintain 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 does satisfies the underlying purposes of the FSR 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 will be not be defeated or thwarted as full numerical compliance in this particular instance is unreasonable.

 

Fourth

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

 

Comments:

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

 

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

 

Fifth

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

 

Comments:

The existing Residential C zoning is not considered to be inappropriate for the locality.

 

6.1 Policy Controls

 

a.    Development Control Plan for 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.

 


Development Control Plan – Multi-unit Housing

Clause

Standard

Check

y/n

Building Height

 

P1

 

 

 

 

P2

Heights of walls, their location and orientation do not cause substantiated adverse impacts on the streetscape or adjoining properties, particularly in relation to privacy, solar access and building bulk.

 

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

No change is proposed from the existing.

 

 

 

 

 

 

The proposal to provide windows and doors to the undercroft area of the existing terrace balcony of the unit will increase the perceived bulk of the building, however being at the rear of the building will not result in any adverse impact on the adjoining properties or the streetscape.

Yes

 

 

 

 

 

 

 

No

Side and rear setbacks

Buildings (including balconies) maintain a minimum average setback (measured for the length of the building along that boundary) of 5

metres from any side boundary

 

No part of the building is closer than 3.5 metres from any side boundary.

 

Buildings (including balconies) maintain a minimum average setback (measured for the length of the building along that boundary) of 8 metres from the rear boundary

 

No part of the building is closer than 6 metres from the rear boundary.

No change is proposed from the existing side setbacks.

 

 

 

 

 

 

 

 

No change is proposed from the existing side setbacks.

 

 

 

No change is proposed from the existing rear setback.

 

 

 

 

 

 

 

No change is proposed from the existing rear setback.

Yes

 

 

 

 

 

 

Yes

 

 

Yes

 

 

 

 

 

Yes

Density

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

The proposal to provide windows and doors to the terrace will not unduly affect the perceived bulk of the building in such a way that the building will appear less articulated and bulky as viewed from neighbouring properties.

No

Privacy

Where there is a horizontal Separation of less than 10 metres between windows, they should offset, angled or screened to reduce potential privacy impacts.

The existing terrace area is at ground level and does not overlook any adjoining private or communal open space.

Yes

Private open space

P3

Private open space :

 

- Provides privacy for its users;

 

- is readily accessible from the main living areas of the dwelling so that it can become an extension of the dwelling;

- provides opportunities for outdoor recreation and living.

 

Enclosed balconies are included in the calculations of floor space.

 

Continuous balconies wrapped around a building and/or enclosed in a manner which significantly contributes to the apparent bulk of the building are not encouraged.

 

 

The partial enclosure of the terrace will not result in the loss of private open space for the occupants as the remaining terrace area which is substantially larger and the private garden area remains available for the use of the occupants as private open space.

 

 

 

The non-compliance of the floor space ratio has been addressed previously in this report.

 

 

The proposal to partially enclose the ground level terrace will not significantly contribute to the bulk and scale of the building.

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7.    Environmental Assessment

 

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal is consistent with the relevant assessment criteria and the objectives and performance requirements of the DCP – Multi Unit Housing, as it will not significantly reduce the private open space available to the occupants of the unit and does not have the potential to result in significant adverse impacts upon the amenity of the adjoining premises and the character of the locality.

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20F of Randwick Local Environmental Plan 1998, relating to floor space ratio on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council as the relevant consent authority grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/386/2010 Unit 6 - Construction of an extension to existing unit to create a study area at 6/8-12 Ascot Street, Kensington, subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered A01 & A02, dated 17/5/10 and received by Council on the 26th May 2010, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.       The external materials, colours and finishes of the building are required   matching, as closely as possible, to the existing building.

 

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

 

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

 

4.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

8.       8    A sign must be erected and maintained in a prominent position on the site for    the duration of the works, which contains the following details:

 

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

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

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

 

9.       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.

 

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:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management details.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

A3    This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA) and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards and you are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

Attachment/s:

 

Nil

 

 


Planning Committee

14 September 2010

 

 

 

Development Application Report No. D65/10

 

 

Subject:                  95 Wentworth Street, Randwick

Folder No:                   DA/767/2009

Author:                   Wendy Wang, Environmental Planning Officer     

 

Proposal:                     Demolition of existing structures on site & construction of a multi-unit development comprising 2x3 storey buildings containing 7 residential units, a combined basement car park for 10 vehicles and associated works (SEPP 1 objection to floor space ratio control)

Ward:                      North Ward

Applicant:                Ballas Mendes Constructions

Owner:                         Mr P & Mrs E Balafoutis and Mr J & Ms H Mendes

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The subject proposal is referred to the Planning Committee for determination as it contains variations to the floor space ratio development standard stipulated in Randwick Local Environmental Plan (RLEP) 1998 (Consolidation) by more than 10% and is valued at $2,209,000. The applicant has submitted a written SEPP 1 objection to the development standard to address the non-compliance.

 

The subject application is for the demolition of existing dwelling and construction of a new three (3) storey multi unit housing development containing seven (7) units with combined basement parking for 10 vehicles, associated excavation and landscaping works.

 

The site is located on the eastern side of Wentworth Street in Randwick. It is bounded by Wentworth Street to the west, Waverley Street to the east and four (4) storey residential buildings to the north and south. The site is described as Lot 2 in DP305794, with frontages to Wentworth and Waverly Streets of 12.8m, a side boundary of 45.72m and an overall site area of 585.3m2. The site is rectangular in shape and falls from east to west (Waverly to Wentworth Street) with a difference of approximately 5m (Wentworth Street (RL62.3) to Waverly Street (RL67.3).

 

The existing development on the site comprises a brick built single storey residential dwelling fronting Wentworth Street, and separate timber shed and garage to the rear accessed off Waverley Street.

 

The application was notified and advertised to the adjoining and nearby properties from 4 to 18 November 2009 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of twenty (20) submissions were received at the conclusion of the first public consultation process. The issues raised were in relation to excessive bulk and scale, overshadowing, privacy impacts, heritage impacts, parking, setbacks, zone objectives, view loss, increased noise, and general adverse impacts to the visual and environmental amenity of the surrounding area.

 

Amended plans were received on 25 February 2010 following consultation between Council officers and the applicants. These plans were again notified from 14 to 19 March 2010. Four (4) submissions were received at the conclusion of the second notification period detailing similar concerns raised in the first round of submissions. A final consolidated set of plans were received on 13 May 2010 detailing all amendments requested by Council as well as minor changes to basement parking, decrease to FSR, increase in front setback and increase in landscaped area. These plans did not require renotification as the modifications were substantially the same as those made in the first set of revised plans. The plans received on 13 May 2010 form the subject of the current assessment.

 

The site is located within Zone No. 2C (Residential C Zone) under RLEP 1998 (Consolidation). The proposal is consistent with the zoning objectives.

 

The proposal has an FSR of 0.927:1 and does not comply with Clause 20F(2) of the LEP, which stipulates a maximum FSR of 0.65:1 for sites located in Residential 2C zones with sites areas of less that 700sqm. Notwithstanding this, the proposal is considered to be suitable infill development which is compatible with the scale of neighbouring buildings.

 

Clause 20E(2) requires 50% of the site to be dedicated as landscaped area, which equates to 292.65m2. Clause 20E(3) provides that not more than 50% of the required landscaped area provision (that is, 146.325m2) is to be accommodated over podiums or excavated basements. The proposal will reserve 54.7% of the site as landscaped area (320m2) and a total of 48% of the total landscaped area (140.5m2) is provided over podium or basement.

 

The proposed complies with Clause 20G(2) and 20G(4) of the LEP for maximum building height and maximum external wall height. The LEP stipulates a maximum building height of 12m and a maximum external wall height of 10 for building located within Residential 2C zones. The proposal has a maximum building height of 11m and a maximum external wall height of 10m. 

 

The applicant has submitted an objection under SEPP No. 1 – Development Standards justifying that the above breaches will not result in significant adverse amenity or visual impacts on the area. The objection has been assessed and is considered to be well founded.

 

The proportions, massing, colours, materials and finishes proposed are considered to be satisfactory. The design carries positive architectural merits and will be sympathetic to the character of the existing streetscape. The proposal is considered to satisfy the performance requirements of the DCP – Multi Unit Housing.

 

The proposal complies with the numerical car parking requirement of the DCP – Car parking.

 

It has been demonstrated in this report that the relevant objectives and performance requirements of the DCP have been achieved in that the proposed development will not result in any unreasonable adverse impacts on the amenity of the adjoining dwellings and the character of the locality.

 

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

 

2.    The Proposal

 

The proposed development is a 3 storey multi unit development, with vehicular access from Wentworth Street, directly to the west of the site and comprises the following works:

 

·      demolition of all existing buildings and structures

·      excavation to a maximum depth of 2.85m below ground level

·      construction of two 3 storey residential flat buildings containing 5 x 2 bedroom units and 2 x 1 bedroom units 

·      combined basement car park for 10 vehicles 

·      tree removal

·      associated landscaping works

 

An open central courtyard is proposed on the ground level between the 2 x 3 storey buildings. The external finishes of the proposed building will be a combination of rendered and painted and face brick-work elements. Car parking for the development is accommodated within one level of basement parking containing a total of 10 car spaces. The current application proposes the following residential components: -

 

 

Table 1: Apartment type and floor/open space areas.  

 

2.1    Application History

The application was lodged on 22 October 2009. Accordingly, the plans accompanying the development application were referred to the Design Review Panel for SEPP 65 - Design Quality of Residential Flat Development, Council’s Building Health and Building officers, Council’s Heritage Planner, and Council’s Development Engineers for comment.

 

Issues were raised by Council and the Design Review Panel in relation to the following: 

 

·      One bedroom apartments should be located at the ground floor and provided with north and south facing courtyards.

 

·      An alternate entry and stair to the east, directly off the street may create more private space for the ground floor building occupants. 

 

·      Additional plans should be submitted showing details of the raised planter box, construction and materials for fences, gates, facades, balconies and roofs and proposed fire protection of windows.

 

·      The extended balcony on the north of the Wentworth Street building should be reduced in length to minimize its impact on the neighbour.

 

·      The roof form on the eastern building could be adjusted to create ventilating skylights over the internal stair.

 

·      The roof plan should include the roof over the stairs and show roof materials, falls and downpipes for the balconies.  The sections and elevations should reflect the roof falls.

 

·      A better position for the rainwater tank should be investigated as it currently sits in the middle of the central courtyard area.  A storage tank under the driveway would be a better outcome.

 

·      Ceiling fans should be provided in bedrooms.

 

·      Window and door design and operation should be clearly shown keeping in consideration that areas of fixed glass, and reliance on sliding doors for ventilation are not considered good outcomes.

 

·      The roof slab will require foam insulation covered with pebble ballast, or metal deck and insulation to provide effective thermal comfort to the top floor apartments.

·      The initial planting schedule for landscaping was inadequate and insufficient for development of this scale and the applicant was required to submit a professionally prepared plan which provides both a higher level of detail as well as a higher quality treatment to the site.  

 

·      The deep soil area should be increased (and driveway/basement area decreased) to provide for the inclusion of large trees in the landscape design.

 

·      The central courtyard area would be improved if the driveway width below was reduced to create deep soil area on the north boundary.  The planted area on the southern boundary should reflect the deep soil area below.  The path across this area could be reduced to stepping stones within the garden.

 

·      The photo montage indicates that the Wentworth Street frontage is dominated by rendered and painted walls that are lacking in refinement with regard to heights, stepping, car park entry, gates, balustrade and colour.

 

·      The roof details for the main roofs and balconies need to be clarified as the simplicity shown in the montage may not be achievable.

 

·      A materials board and a montage for the Waverley Street elevation should be submitted to assist assessment of the aesthetics of this proposal.

 

·      Part of the basement car park along its northern wall has been shown to be indented for a length of approximately 4.00m. This is not supported by Development Engineering as it hinders the turning movements for vehicles reversing out of car space No 5 and the indentation should be deleted.

 

·      Parking space 10 (end bay) is to have a clear width clear of 2.70m, the measurement shown in the amended plans is to the outside of the end wall where it should be to the inside. The plans are to be amended and include the 1.00m further setback to allow for turning paths.

 

Subsequently, amended plans and supplementary information were received on 24 February 2010 in response the matters raised by the Design Review Panel and Council officers.

 

The application and amended plans were again referred to the panel for comment on 1 March 2010. The Panel indicated that while the plans received on 24 February 2010 did not fully satisfy all concerns in relation to the proposal, the issues raised can be addressed by way of additional conditions of consent. The Panel’s comments are included in Section 11.1.3 of this report. The amended application was also re-notified/advertised to surrounding residents from 4 – 19 March 2010 and forms the subject of the current assessment.

 

Final amended plans were received 13 May 2010 which generally address the issues raised by Council and the Design Review Panel and are considered to be satisfactory for approval subject to conditions of consent. The amended plans do not reach full compliance with the statutory floor space ratio control. The applicant has therefore submitted a written SEPP 1 objection to address this non-compliance with the corresponding clause as contained in the Randwick Local Environmental Plan 1998 (Consolidation).

 

In summary the amended plans propose the following numerical changes (as provided by JBA Urban Planning Consultants on 13 May 2010): -

 

Table 2: Numerical overview of changes reflected in amended plans received on 13 May 2010. 

 

3.    The Subject Site and Surrounding Area

 

The site is located on the eastern side of Wentworth Street in Randwick. It is bounded by Wentworth Street to the west, Waverley Street to the east and four (4) storey residential buildings to the north and south. The site is described as Lot 2 in DP305794, with frontages to Wentworth and Waverly Streets of 12.8m, a side boundary of 45.72m and an overall site area of 585.3m2. The site is rectangular in shape and falls from east to west (Waverly to Wentworth Street) with a difference of approximately 5m (Wentworth Street (RL62.3) to Waverly Street (RL67.3).

 

The existing development on the site comprises a brick built single storey residential dwelling fronting Wentworth Street, and separate timber shed and garage to the rear accessed off Waverley Street. The site also includes grassed areas to the front and rear of the dwelling, a concrete patio and pathways leading from Wentworth Street and Waverley Street respectively. A total of eight trees are also located within the rear garden. On site car parking is limited to the garage capable of accommodating one vehicle.

 

The surrounding area is residential in character and consists predominantly of large, older style residential flat buildings commensurate with the 2C residential zone. Refer to images of the site and surrounds below.

 

To the immediate north of the site is 93 Wentworth Street, occupied by a four (4) storey building with garages at the ground floor and three levels of residential apartments above containing a total of 9 units including a garage to the rear accessed from Waverley Street. To the south is 97-99 Wentworth Street, a four (4) storey brick residential flat building containing 14 units including a driveway which is located along the northern boundary adjacent to the site to undercroft car parking. Garages and an open concrete area including clothes drying facilities are provided above the undercroft parking, and are also accessed from Waverley Street. To the rear of the site on the eastern side of Waverley Street are a row of terraced cottages (11-35 Waverley Street), fronting onto Waverley Street which have views across the site at a higher level.

 

Photographs of the site and surrounds

1. The existing dwelling

2. Adjoining RFB to the north

3. Adjoining RFB to the south

4. RFB across Wentworth Street

5. Terraces to the rear of the site across Waverly Street.

6. Rear of the existing dwelling

 

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

 

The proposal seeks to vary development standards contained within RLEP 1998 (Consolidation). A SEPP 1 Objection has been submitted with the development application. In assessing the applicant’s SEPP 1 Objection, the following matters are addressed:

(i)       Floor space ratio

Pursuant to Clause 20F(2) of RLEP 1998 (Consolidation), the maximum floor space ratio for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2C is 0.65:1, where the site area is less than 700m2.

The proposal has a floor space ratio of 0.927:1 (GFA of 543sqm) and does not comply with the requirement of Clause 20F(2) of the Randwick LEP 1998.

 

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.”

 

Floor space ratio

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

 

In this instance strict compliance with the FSR development standard pursuant to Clause 32 of the Randwick LEP is unnecessary and unreasonable in that the proposal:

 

·      is consistent with the underlying purpose of the FSR control;

·      complies with other relevant environmental and residential amenity controls;

·      is consistent with the planning principles established by case law for height, bulk and scale;

·      does not generate any adverse impacts on neighbouring properties;

·      provides a high visual quality and consistency of scale and character to

·      the streetscape;

·      does not generate any different environmental impacts compared to a complying scheme;

·      is consistent with the key aims of the Metropolitan Strategy.

·      The proposal has been designed to avoid adverse impacts on the neighbouring developments;

·      provides in excess of the required landscaped area, deep soil planting controls

·      takes into account the context of the surrounding area and the positive attributes of the site’s location.

·      The proposed level of redevelopment is desirable given the density targets provided in the Metropolitan Strategy.

·      The proposed development fully complies with Council’s car parking and bicycle parking rates and is unlikely to increase demand for on street parking.

·      The additional FSR proposed does not result in a density that compromises the amenity of the residential apartments proposed. All units have a large area of private open space and are naturally cross ventilated. They also all have allocated secure parking spaces, separate storage areas within the basement and good landscaped common open space surrounding and between the buildings.

·      The siting and massing of the proposed development will affect the outlook of the terraced dwellings to the east of Waverly Street across the site towards Wentworth Street. Given that the proposed development is well within Council’s height controls, the proposed development will not obscure an iconic or significant view and there is sufficient separation between the site and the Waverly Street terraces, this impact is considered acceptable. The terraces would still be affected under a complying scheme.

·      As shown in the shadow diagrams at, the proposed development will not result in any unacceptable overshadowing effects on principle living areas in adjacent properties. The proposal maintains an acceptable level of solar access to both 97-99 Wentworth Street and 93 Wentworth Street given that the proposed building complies with Council’s heights controls, a reduction in the amount of GFA proposed, would not necessarily reduce potential impact upon the adjoining properties.

·      The block within which the site is located is zoned Residential Zone 2C and comprises predominantly residential flat buildings. The block has been progressively been ‘infilled’ over the years, with very few dwelling houses remaining in the vicinity of the site. The building will therefore fit within the context of the surrounding built form.

 

Assessment Officer Comments: It is considered that the proposal is satisfactory and compliance with the purpose of the development standard is unreasonable and unnecessary based on the following reasons:

 

·      Consistent with the objective of the FSR standard, the development minimises impacts to neighbouring properties despite the non-compliance of the proposal with the density standard of 0.65:1.

·      An accepted measure of the impacts on amenity is the degree of compliance a proposal achieves with Council’s amenity standards for overshadowing, visual privacy, views etc. As discussed in this report and the applicant’s SEPP 1 objection the FSR non-compliance will not result in unreasonable overshadowing, inadequate landscaping or privacy impacts. The design of the building minimises its visual bulk.

·      The redevelopment of the site for multi-unit housing is consistent with the objectives of the 2(C) zoning of the site. Current development on the site has a density less than that envisaged by the 2(C) zone.

·      The addition of seven dwellings in this location is not excessive and can be accommodated on the site.

·      Surrounding buildings are of a similar bulk and scale to the proposal and the development is consistent with surrounding built forms and will not result in excessive building bulk on the street.

·      The proposal has provided a central courtyard between the Wentworth Street and Waverly Street buildings. This scheme has the effect of breaking the mass of the proposed building by providing a centralised open space to ensure reasonable solar access is maintained to southern adjoining development.

·      It would be unreasonable to enforce compliance with the FSR standard contained within the RLEP when the proposed development on the site achieves the underlying and stated purpose of the standard and meets Council’s controls with regard to streetscape, residential amenity, and height. It is considered that SEPP 1 objection is well founded and should be supported.

·      The proposal will present as being partially over 2 storeys to the Waverly Street elevation (due to the lower level being substantial excavated into the site. This is considered to be consistent with the low scale development to the east across Waverly Street and concentrates higher elements toward the Wentworth Street frontage, which is commensurate with surrounding buildings and has a height and scale, which are compatible with the existing flat developments in the surrounding built environment, and do not detract from the prevailing residential character of the locality.

·      The development will not be visually intrusive or form a dominant element in the streetscape.

 

(a) Conclusion

In conclusion, the submitted SEPP 1 objections have addressed the consistency of the proposed development with the underlying and stated purposes of the standards, the local planning objectives for the locality and objectives of the Act. The objections have been appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstances of each case. As such, it is considered that the objections are well founded.

 

Matter 2

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

 

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

 

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

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

 

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

 

The proposal is also consistent with the relevant objectives of Residential 2C Zone in that it will allow for suitable infill development which is both commensurate with the surrounding bulk and scale of buildings, as well as the desired character of the locality.

 

Matter 3

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

 

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

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

 

·      Comments:

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

The underlying objective of the standards would not be defeated or thwarted as full numerical compliance in this particular instance is unreasonable. The proposed FSR provision will not result in detrimental streetscape or amenity impacts on the locality. The resultant built form and scale is compatible with the surrounding residential premises and represents 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 development standard has 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 2C Zoning is not considered to be inappropriate for the locality. The RLEP (Consolidation), effective from 15 January 2010, has maintained the 2C zoning for the site.

 

 

5.    Site History

 

BA/705/1965 – approved 1 January 1965 for alterations and additions to the existing building.

 

PL/23/2008 – the site was subject to a pre-lodgement for the demolition of existing dwelling and construction of residential flat building with 8 units and basement parking for 12 vehicles on 8 September 2008. It is noted that at the time of the pre-lodgement meeting, two schemes were presented to Council, of which the second (SK-02) shows two separate buildings connected at half levels with a central bridge and stair. The basis of the second scheme was also preferred by the Panel as it possessed more potential to create better amenity for the occupants and reduce impacts to adjoining properties.

 

6.    Community Consultation

 

The application was notified and advertised to the adjoining and nearby properties from 4 to 18 November 2009 in accordance with DCP – Public Notification of Development Proposals and Council Plans. In response, a total of twenty (20) submissions were received at the conclusion of the first public consultation process raising the following issues:

 

·      The development will further exacerbate parking and access issues which cannot be adequately served by internal car spaces.

 

The DCP – Parking requires, amongst other things, car parking to be provided for multi-unit residential development at a rate of 1.2 spaces per 2 bedroom dwelling, 1.5 spaces per 3 bedroom dwelling and 1 visitor space per 4 dwelling units. The proposal complies numerically with the parking rates specified in the DCP – Parking. The DCP also requires a minimum of 3 bicycle parking spaces to be provided on site. A bicycle storage area is shown in the ground level basement plan that can accommodate 3 bicycles. Council’s development Engineers have assessed the application and no objections have been raised on parking or traffic grounds.

 

·      Provision of one and two bedroom units will most likely attract younger residents/tenants into the area and compromise the existing quite family living enjoyed by residents in the area.

·      Increase in noise and disturbance

 

The proposal will promote the objectives of the Zone 2C by introducing suitable infill residential development within the area and assist with the promotion of a variety of housing types. 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 persons or share households; young couples such as first home buyers; “empty nester” household; and young families. It is likely that there will be a mix of incomes amongst residents with some units being owner occupied and others being rented. The added population will generate additional needs for local businesses, employees and patrons which will in turn encourage the location of services and facilities into the area. Further, a condition is imposed to ensure an acoustic 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 legislation and will not give rise to a public nuisance.

 

·      The proposal will obstruct district views from the Waverly Street terraces.

 

There are some distant district/city views across the site from the Waverly Street terraces. These views, as defined in the planning principle for view loss assessment are not considered to be scenic in nature or highly significant. Therefore, it does not warrant any detailed view loss assessment and will not be unreasonably impacted upon by the proposed dwelling.

 

The proposal will meet the performance requirements and objectives of the overall building height and external wall height preferred solutions of the DCP for Multi Unit Housing and will relate compatibly with those in the surrounding streetscape with acceptable impacts in terms of overshadowing, privacy and views.

 

·      The proposed floor space ratio is far in excess of RLEP controls and is not well founded in that it will result in adverse impacts to amenity of surrounding properties.

 

Despite the non-compliance with the floor space ratio standard, the proposal does not result in any inconsistencies with the objectives of the Residential 2C Zone under Randwick Local Environmental Plan 1998 (Consolidation). Refer to Section 4 detailed assessment. The applicant has submitted an objection under SEPP No. 1 – Development Standards justifying that the above breach will not result in significant adverse amenity or visual impacts on the area. An assessment of the SEPP No. 1 objection indicates that it has:

 

§  Articulated the underlying stated objectives of the standard clearly.

 

§  Demonstrated that there are no unacceptable adverse environmental impacts arising from the proposed development in terms of view loss, loss of privacy, overshadowing and general overbearing impacts.

 

§  Addressed the consistency of the proposed development with the underlying stated objectives of the standard, the local planning objectives for the locality, and objectives of the Act.

 

As such, the SEPP 1 is considered to be well founded and is supported.

 

·      The proposed northern, western, and eastern setbacks do not comply with the preferred solutions of the DCP for Multi Unit Housing.

 

Setbacks are discussed in detail in section 11.2.1 of this report.

 

·      The proposed building height is excessive and too close to the Waverly Street dwellings. 

 

The proposed complies with Clause 20G(2) and 20G(4) of the LEP for maximum building height and maximum external wall height. The LEP stipulates a maximum building height of 12m and a maximum external wall height of 10 for building located within Residential 2C zones.

 

The maximum height of the building fronting Wentworth Street is 10.63m (RL 72.31) and the maximum external wall height of this building is 9.37m. Measurements are taken from the existing ground level to the top most point of the roof and the underside of the roof respectively.

 

The maximum height of the building fronting Waverley Street is 11.0m (RL75.3) measured from the existing ground floor level in a direct line to the top most point the roof. Due the changing topography on this part of the site, the general roof level steps up from RL 74.38 to RL 74.63. In addition, the maximum external wall height of the building is 10m measured from the existing ground level at the Waverley Street frontage to the underside of the roof.

 

Although the proposed building fronting Waverly Street is set only 4.88m from the property boundary, it is considered that the building adequately responds to its site topography and scale of the surrounding area. The Waverley Street building, despite non-compliance with preferred solutions for rear setbacks, has been provided with terraced areas at the ground floor as well as deep soil screen planting to soften the appearance of the building when viewed from Waverly Street and in conjunction with the existing low scale development (Waverly Street terraces). The proposal will achieve an appropriate stepping down in height from Wentworth Street through excavation to the rear of the site, effecting a reasonable transition in building height and scale of development from the Wentworth Street frontage (which is characterised by existing residential flat buildings of considerable scale) to the rear boundary commensurate with the low scale residential development on Waverly Street.

 

·      The proposed rear setback is inadequate in preserving the privacy and amenity of the Waverly Street terraces.

·      The proposed east facing balconies/terraces will severely compromise the privacy of the Waverly Street residents due to lack of setbacks to the rear.

·      The proposal will result in increased levels of noise and disturbance due to the balconies and terraces.

 

Issues of visual and acoustic privacy arise where there is horizontal separation of less than 10m between proposed windows and balconies of the subject development and windows of adjoining properties. 

 

The separation distances between the east facing balconies of the proposed development and objectors’ properties along Waverly Street range from a minimum of 15m (from Waverley Street dwellings) – 17.6m (to the closest dwelling on Gordon Street). These distances exceed the minimum separation distance required to maintain privacy identified in the DCP – Multi Unit Housing as a preferred solution. The separation distances are ample in addressing concerns regarding visual and acoustic privacy and the application is considered to meet the relevant controls for privacy and separation between dwellings.

A site inspection has revealed that many existing balconies and terraces servicing residential flat buildings along this section of Wentworth Street are directed toward Waverly Street and are already capable of overlooking the front of the Waverly Street terraces. 

 

The front yards and rooms of all dwellings are susceptible to some degree of overlooking. The front yards and rooms of dwellings along Waverly Street are currently visible from the street and it is unreasonable to expect that privacy to a front yard already visible to passing pedestrians is maintained.

Notwithstanding this, a suitable condition has been imposed to ensure the balustrades to east facing balconies are constructed of obscure glass construction so that the occupants cannot unreasonably overlook the dwellings across Waverly Street.

 

There is no evidence to suggest that the standard use of terraces servicing residential flat buildings contribute to prolonged and excessive noise generation and incidents of anti-social behaviour. Appropriate conditions have been included in consent to ensure that the proposal does not result in any unreasonable adverse impacts to the surrounding residential properties. The scale and orientation of the proposed terrace is not dissimilar to existing private open spaces on other residential flat buildings along this section of Wentworth Street such that potential for disturbance is minimised.

 

·      The proposal will result in significant overshadowing to 97-99 Wentworth Street.

 

Shadow impacts resulting from the proposal are dealt with in section 11.2.1 of this report.

 

·      No details have been included with the application to address the structural integrity of the proposed works, and there are concerns that extensive excavation will compromise the stability of the adjoining development.

·      No details have been included with regard to construction fencing and site safety.

·      The proposed construction methodology presents a number of deficiencies and hours of construction, anticipated number of vehicles entering and exiting the site during construction has not been accurately assessed.

 

Appropriate conditions requiring excavation works to be properly guarded and supported to prevent them from being dangerous to life, property and buildings will be applied should approval be granted. Additionally, silt fencing and sediment control measures as required by condition of consent will be applied. Dilapidation reports will also be required detailing the current conditions and status of adjoining buildings prior to any works commencing.

 

·      The resultant adverse impacts to surrounding properties will greatly diminish property value in the area.

 

Property valuation is considered a complex issue because there are numerous factors that potentially can affect the monetary value of a property, potentially ranging from the overall state of the property market and the policy of financial institutions to the physical and locational conditions of a particular property and how these are shaped by personal perceptions and preferences of potential buyers and sellers in the market. Accordingly, property valuation is a matter that goes beyond the scope of matters of consideration under Section 79C of the EP&A Act as any claim that the subject proposal would affect the value of adjoining and surrounding properties will be tenuous and a matter of speculation. Subject to appropriate conditions, the proposal will not be visually intrusive or out of character in the existing streetscape.

 

·      The proposed development is excessive in bulk and scale and unsympathetic to the streetscape.

 

The subject application has been subject to a comprehensive merit based assessment and has been found to be suitable infill development consistent with the scale of the surrounding development and is commensurate with the 2C zoning of the area. The proposal carries positive architectural merits and will be sympathetic to the character of the existing streetscape and is considered to satisfy the performance requirements of the DCP – Multi Unit Housing, Parking and other relevant assessment criteria.  

 

·      The proposal will diminish the heritage value of the area and is inconsistent with the nature of the surrounding dwellings in the adjacent heritage conservation area.

 

The proposal has been referred and considered by Council’s Heritage Planner, no objections were raised on heritage grounds. Relevant referral comments have been extracted within section 7.3 of this report. 

 

·      The proposal contravenes the relevant objectives of the Zone 2C.

 

The scale of the proposal is considered appropriate in the context of the width of Wentworth and Waverly Streets. Despite the non-compliance with the floor space ratio standard, the proposal does not result in any inconsistencies with the objectives of the Residential 2C zone under Randwick Local Environmental Plan 1998 (Consolidation). Compliance with relevant zoning objectives are discussed in section 9.1 of this report.

 

·      The proposed bin storage area should be moved to the rear of the site.

·      The proposed bin storage area is inappropriate as it is directly adjacent to windows of No. 97-99 Wentworth Street.

 

The proposed waste facilities are located on the street level on the Wentworth Street frontage. However, they will not be visible from the street as the waste facilities are screened by proposed fencing and accessed via a gate. This is not seen to detract from the appearance of the building. Further, the proposed bin area is separated at a distance of 3.8m from the closest ground floor windows of No. 97-99 Wentworth Street by and existing driveway running along the northern side of No. 97-99.

 

·      The greenery and fauna of the area will be lost due to the proposed tree removals and inadequate proposed landscaping.

 

The proposal provides adequate areas of communal and private open space, which adds to the amenity of the units. The deep soil landscaped area has been concentrated towards the Wentworth Street frontage, central courtyard, and the rear (Waverly Street frontage) of the site, which provides for substantial screening plants between the subject site and buildings to the rear. The proposal has been assessed by Council’s Development Engineers and no objections have been raised to the proposed works. Detailed referral comments are extracted in section 7.1 of this report. Suitable conditions have been imposed to address issues relating to landscaping and tree protection measures. 

 

·      Residents object to the use of any dark colour schemes as this further exacerbates the loss of solar access and darkness to adjoining apartments.

 

The façade of the proposal will be rendered and painted. A finishes schedule of external colours and materials has been provided which is acceptable and a condition will be applied to ensure consistency with the sample board.

 

·      No details (height and design) of proposed side fencing and costs have been included with the application.

 

No side fencing details have been submitted with the application. A condition is imposed to ensure that separate development application must be submitted to, and approved by, Council prior to the construction of any side fencing, with the exception of those fencing types that are listed in the Randwick Development Control Plan – Exempt and Complying Development or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

 

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

 

·      Both buildings should face away from Waverly Street as the street address is Wentworth Street.

 

The proposed development scheme is effective breaking up building bulk and responding to the context of the site, utilising its dual frontage to Wentworth and Waverly Streets. The building is considered to respond to the built form, bulk, scale, and character of Wentworth Street and Waverley Street. Each frontage has been afforded with an appropriate and comparable scale in terms of bulk and height. The concentration arrangement of balconies and terraces toward the street elevations minimise loss of privacy to both the occupants of the site and surrounding properties.

 

·      More pressure will be placed on existing infrastructure (e.g. sewerage, water and drainage systems.

 

Suitable conditions of consent have been included address provision of facilities and infrastructure to accommodate the proposed development and future occupants of the site.

 

·      There is a large volume of subsurface water which currently poses many issues with development in the street and ineffective drainage will lead to hazards such as slippery surfaces and mosquitoes.

 

Relevant conditions of consent have been included in this report to address drainage issues and ensure that the proposal does not compromise the safety of the subject site and surrounding properties/residents. 

 

Second Notification

 

Following receipt of amended plans on 25 February 2010, the application was re-notified to surrounding residents from 14 to 19 March 2010. As a result of the second notification, four (4) submissions were again received detailing similar concerns raised in the first round of submissions. To avoid repetition, new issues raised are addressed below: -  

 

·      The proposal fails to comply with the 10m maximum external wall height control in Clause 33 of the LEP and when combined with the non-complying side and rear seatbacks, creates a development of unacceptable size and bulk.

 

The proposed complies with Clause 20G(2) and 20G(4) of the LEP for maximum building height and maximum external wall height. The LEP stipulates a maximum building height of 12m and a maximum external wall height of 10 for building located within Residential 2C zones.

 

The maximum height of the building fronting Wentworth Street is 10.63m (RL 72.31) and the maximum external wall height of this building is 9.37m. Measurements are taken from the existing ground level to the top most point of the roof and the underside of the roof respectively.

 

The maximum height of the building fronting Waverley Street is 11.0m (RL75.3) measured from the existing ground floor level in a direct line to the top most point the roof. Due the changing topography on this part of the site, the general roof level steps up from RL 74.38 to RL 74.63. In addition, the maximum external wall height of the building is 10m measured from the existing ground level at the Waverley Street frontage to the underside of the roof.

 

The proposal will achieve an appropriate stepping down in height from Wentworth Street through excavation to the rear of the site, effecting a reasonable transition in building height and scale of development from the Wentworth Street frontage (which is characterised by existing residential flat buildings of considerable scale) to the rear boundary commensurate with the low scale residential development on Waverly Street. Setbacks are discussed in detail in section 11.2.1 of this report

 

·      The Design Review Panel raised concerns regarding the design and materials proposed. Use of materials will have a significant impact on the heritage conservation area of Waverley Street and careful consideration should be given to the overall design of the building in accordance with the panels concerns

 

The subject application has been subject to a comprehensive merit based assessment and has been found to be suitable infill development consistent with the scale of the surrounding development and is commensurate with the 2C zoning of the area. The proposal carries positive architectural merits and will be sympathetic to the character of the existing streetscape and is considered to satisfy the performance requirements of the DCP – Multi Unit Housing, Parking and other relevant assessment criteria. The proposal has been referred and considered by Council’s Heritage Planner, no objections were raised on heritage grounds. Relevant referral comments have been extracted within section 7.3 of this report. 

 

6.1    Support

No letters of support were received. 

 

7.    Technical Officers Comments

 

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

 

7.1      Development Engineers

The application was referred to Council’s Development Engineers for comment. No objections were raised subject to conditions with any approval. The following comments were made:

 

Development Engineers

Amended plans have been received for the demolition of the existing dwelling and construction of a residential flat building containing 5 x 2 bedroom units and 2 x 1 bedroom units with basement car-parking for 10 vehicles.

 

This report is based on the following plans and documentation:

§ Dwg No DA01 – 12 by Nexus Architecture P/L;

§ Landscape Plan by Wendy Balafoutis, dated March 2009.

 

Landscape Comments

With the exception of the 6 metre tall Archontophoenix cunninghamiana (Bangalow Palm) located in the rear yard, along the western edge of the existing free standing storage shed, towards the northeast corner of the site, all other existing vegetation throughout the site was observed to be insignificant, and would not pose a constraint to the development in anyway.

 

While retention of the Bangalow Palm as an existing site feature would be desirable, there is no way this could be achieved given the direct conflict with all levels of the proposal from the basement to upper levels, with consent also granted for its removal.

 

The landscape plan proposes a suitable mixture of evergreen screening trees, exotic deciduous species, as well as smaller decorative feature plants, which will cater the amenity needs of future occupants, as well as assist with presentation of the development to the street, with conditions requiring that it be implemented.

 

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.

 

Traffic Comments

The internal driveway must be a minimum 3.00m wide (clear width).

 

Parking Provisions

The parking requirement for 5 x 2 bedroom units and 2 x 1 bedroom units is as follows (compliance with Council’s DCP Parking):

 

        5x 2 bedroom units = 5 x 1.2               = 6.0

        2x 1 bedroom units = 2 x 1.0               = 2.0

        Visitor Spaces is 1 per 4 dwellings = 2.0

        TOTAL REQUIRED                                       10

        TOTAL PROVIDED                                      10

 

Carpark layout

Amended plans Drwg No DA01 Rev D dated 20/5/09 and received by Council by e-mail on the 20/5/10 show car space dimensions satisfactory

 

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.

 

A site inspection reveals overhead wires are located on the other side of Wentworth Street.

 

RECOMMENDATION:

Should the approval be granted to the application, the appropriate nominated conditions should be included in the development consent.

 

7.2      Manager Environmental Health and Building Services

The application was referred to the Manager Environmental Health and Building Services for comment.  No objections were raised subject to conditions with any approval. The following comments were made:

 

Health and Building Services comments

 

The Proposal

The proposal provides for the demolition of the existing dwelling and construction of a new 3 storey Multi Unit Housing residential development containing7 sole occupancy units with basement carparking.

 

BCA Building Classification

Class -      2      (Residential Units)

Class -      7a    (Carpark)

 

Background

The existing building on site is a post war brick cottage bounded by residential flat buildings (circa late 60’s-early70’s).

 

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. 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:

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, due to land levels, it would be difficult to provide compliant access with a number of small stair flights incorporated in the design.

 

RECOMMENDATION:

Should the approval be granted to the application, the appropriate nominated conditions should be included in the development consent.

 

7.3      Heritage Planner

The application was referred to Council’s heritage Planner for comment. No objections were raised and following comments were made:

 

The Site and Surrounding Area

The subject site has frontages to both Wentworth Street and Waverley Street and is occupied by a single storey Californian Bungalow cottage which retains much of its original character including face brick walls, timber windows and timber gable detailing.  Surrounding development in Wentworth Street comprises a mixture of single storey and double storey cottages and three storey residential flat buildings.  Surrounding development on the western side of Waverley Street comprises rear garages to the single dwellings and residential flat buildings which front Wentworth Street with plantings in some rear gardens and on the street verge which contribute to the visual qualities of the streetscape.  The eastern side of Waverley Street comprises the Gordon Square conservation area, with two Victorian terrace groups which contribute to the heritage value of the conservation area.  The Statement of Significance for the conservation area notes that the housing stock is an interesting mixture of terraces and row houses, and detached and semi-detached cottages with a number of intrusive residential flat buildings. 

 

Controls

The Matters for Consideration included in Section 79C of the EP and A Act require Council to consider the likely impacts of a development on the natural and built environment, while Clause 43(5) of Randwick LEP 1998 (Consolidation) allows Council to require the preparation of a heritage impact statement for development in the vicinity on the heritage significance of a heritage item. 

 

Proposal

The application proposes to replace existing cottage with a medium density development of three storeys over basement carparking.  The development is to be in the form of two separate blocks, one fronting Wentworth Street and one fronting Waverley Street.  The Wentworth Avenue block will have a scale of three storeys on a low podium, while the Waverley Street block will have a scale of two storeys on a low podium. 

 

Comments

The proposed development will introduce a new building envelope into the Waverley Street streetscape which currently comprises rear gardens as well as single storey garages built to the street alignment (with the higher main building on the site considerably set back).  The setback and scale of the proposed two storey block will break the predominant building line.  It is noted however that the 4m setback of the new building will include a 2m landscaped strip which will allow for plantings which will contribute to the visual quality and amenity of the Waverley Street streetscape and the outlook of the terraces in the heritage conservation area.  It would be preferable if the existing dense plantings within the street verge area were retained as part of the proposed development. It is considered that the proposed development will not adversely impact on the heritage significance of the Gordon Square Conservation Area.  Surrounding buildings include rendered and painted walls to the terraces in the conservation area, and blonde and red face brickwork to the more recent residential flat buildings, so there is considerable diversity in materials and finishes with little consistency which would dictate a particular wall finish for the proposed development. 

 

8.    Master Planning Requirements

 

Clause 40A(1) of RLEP 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 10,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The site has a land area of 585.3m2 and a master plan is not required.

 

9.    Statutory Instruments and Controls

 

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

 

·      Randwick Local Environmental Plan 1998 (Consolidation)

·      State Environmental Planning Policy 1 – Development Standards (SEPP 1)

·      State Environmental Planning Policy 65 – Design Quality of Residential  Flat Buildings (SEPP 65)

·      Development Control Plan  – Parking

·      Section 94A Contributions Plan

 

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

 

9.1    Randwick Local Environmental Plan 1998 (Consolidation)

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

 

Clause 12 – Zone No 2C (Residential 2C Zone)

The objectives of Zone No 2C are:

 

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

(b)  to allow a range of community facilities to be provided to serve the needs of residents, workers and visitors, and

(c)  to enable residential development in a variety of medium density housing forms where such development does not compromise the amenity of surrounding residential areas, and

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

(e)  to enable a mix of housing types to encourage housing affordability.

 

Multi-unit housing development is permissible in the zone. The proposal will provide additional residential accommodation for the area and the proposal will have a bulk and scale that is commensurate with the adjoining development in the area and will provide a greater mix of housing types.

 

As such, the proposal is considered to satisfy the relevant zone objectives.

 

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

 

 

 

 

Clause

Required

Proposed

Compliance

22 Services

Adequate facilities for supply of water, disposal of sewage and drainage are required to support a proposed development

The provision of utility services will be required by appropriate conditions of consent.

Complies, subject to conditions

20E Landscaped area

(2) Minimum 50% of the site area (or 292.65m2)

 

 

(3) Landscaped areas over podiums or excavated basement areas not to exceed 50% of landscaped area provision

54% (320m2) –

 

 

 

48% (140.5m2) is provided over podium or basement levels.

Complies

20F

Floor space ratio

0.65:1 for sites less than 700m2 in 2C zones

0.927:1 (369.9sqm)

Does not comply- SEPP 1 objection submitted.

20G

Building height

(2) Overall height: 12m

 

(4) External wall height: 10m

Maximum height 11m

 

Maximum wall height 10m.

 

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 will involve an earth-cut up to approximately 2.85m to accommodate the basement car parking. The applicant has submitted a Geotechnical Investigation Report for the site (Prepared by Brink & Associates – Geotechnical, Geological, Hydrological Environmental Services, report no. SE09055-A dated 27 April 2009 and received by Council on 222 October 2009) indicating that the proposed earthworks will not have any detrimental effect on the soil stability and environmental quality of the subject site and locality. Accordingly, the proposal is acceptable in relation to the provisions of Clause 40.

Complies, subject to conditions

 

The subject site is not located within a heritage conservation area or foreshore scenic protection area. Non-compliance with LEP controls has been discussed in detail under section 4 of this report.

 

9.1    Relevant State Environmental Planning Policies

State Environmental Planning Policies that are relevant to the proposal are:

 

·   State  Environmental Planning Policy No.55 - Remediation of Land

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

·      State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development

 

The application of these policies to the proposal is addressed in section 10 below.

 

10. Policy Controls

The Policy controls applicable to the proposed development are:

 

·      Development Control – Multi Unit Housing

·      Development Control – Parking

 

The application of these DCPs is assessed in Section 11.2 below.

 

11. Relevant State Environmental Planning Policies – S79C(1)(a)

 

11.1    State Environmental Planning Policies

 

11.1.1    State  Environmental Planning Policy No.55 - Remediation of Land

SEPP No. 55 aims to promote the remediation of contaminated land for the purposes of reducing risk of harm to human health or any other aspect of the environment. The subject site has been used continuously for residential and health consulting purposes for a prolonged period and is not considered to carry contamination potential. Accordingly, the site is considered suitable for the proposed land use.

 

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

SEPP: BASIX requirements came into force for multi-unit housing where development applications were lodged on or after 1 July 2005. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

The proposal is for alterations and additions to the existing multi-unit housing development and the applicant has provided a BASIX certificate (certificate number 231683M_02, date of issue 30 may 2010) in accordance with the requirements of the SEPP. The provision of a certificate indicates that compliance with the current targets set for energy and water conservation have been met by the development. The certificate also identifies the measures to be shown on Development Application plans to ensure these targets are maintained through to construction.

 

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

 

11.1.3    State Environment Planning Policy No. 65 - Design Quality of Residential Flat Development

The proposal is subject to the provisions of State Environmental Planning Policy No. 65 (SEPP 65) – Design Quality of Residential Flat Buildings. Under the provisions of SEPP 65, the Design Review Panel reviewed the proposal November 2009 (initial) and March 2010 (final) with the Panel providing the following comments, followed by Council’s comments where necessary:

 

PANEL COMMENTS

This is the second time the Panel has reviewed this Development Application. The Panel also reviewed a proposal for this site at Pre DA stage. 

 

1.      Relationship to the Context of the Proposal

No new contextual information was provided to the Panel.  There is also a lack of information on the immediate relationship with the neighbours and the Panel suggested that a series of north/south sections be prepared along the east/west boundaries so that the wall heights and ground lines can be fully understood and impacts to neighbours known.

 

Comment: The revised plans include appropriate north/south and east/west sections with accompanying levels and elevations of the adjoining development to the north and south. These plans are adequate in allowing detailed assessment of impacts to neighbouring sites in terms of solar access and visual and acoustic privacy, as well as that to the established streetscape.

 

2.         The Scale of the Proposal

Two photo montages were presented to the Panel – one from each street frontage. The scale of the proposal is considered satisfactory. The Panel encouraged the Applicant to refine the details of the building so that the architectural drawings and the end product could match the intended proportions shown in the photo montages.

 

Comment: Amended plans correspond to submitted photomontages – satisfactory.

 

3.         The Built Form of the Proposal

The Panel has requested more detailed drawings so that there can be some sure that the building’s finishes, materials and construction detail support the illustrated design. The drawings are still considered to be lacking in informative detail about the construction. There are also anomalies between the drawings and the montages which need to be corrected.

 

Window numbers and positions were discussed and the Panel would like to see more opportunities for cross ventilation and natural daylight.

 

Window fire treatment should be shown on the photo montage and elevations.

 

The lower terrace to Wentworth Street is shown with retained earth and an area for planting at the top edge and base of the retaining wall.  The footings and construction (retaining wall faced with brick) have not been shown in adequate detail.

 

The ground floor apartments to Waverley Street are below the street level.  This is not considered desirable and if the floor level cannot be raised, the Panel would encourage some initiatives to lower the perceived height of retaining walls and increase landscape design including trees, bamboo, or the like to achieve good privacy and amenity.

 

Comment:

·      Adequate details for finishes, materials and construction have been introduced in the amended plans received 13 May 2010.

 

·      Proposed windows have been adjusted for improved ventilation to allow enhanced occupant comfort and functionality.

 

·      Fire rating details have been added – satisfactory.

 

·      Details sections for footings and constructions have been provided for the lower terrace to Wentworth Street – Satisfactory.

 

·      The Waverly Street ground floor terraces have been provided with 1.4m high open style fence with security gate and landscaping. This minimises visual bulk by maintaining an open design consistent with the open and low scale residential nature of Waverly Street. A retaining wall is proposed behind the fence featuring planter boxes and terraced areas. This will provide additional landscaping opportunities to soften the appearance of the development when viewed from Waverly Street as well as provide privacy to the occupants of units 2 and 3 at the ground floor, which lie 1.66m below Waverly Street level. 

 

4.         The Proposed Density

The density is considered appropriate

 

Comment: The adjoining properties are presently occupied by four (4) storey residential flat buildings. The height and scale of the development are considered to be compatible with other multi-unit residential buildings in the area.

 

5.         Resource and Energy Use and Water Efficiency

The roof construction is not clearly described however it seems that foam insulation with pebble ballast is intended which will perform well.

 

With the inclusion of additional windows as previously noted this development should perform well with regard to environmental design.

 

Comment: The roof is provided with metal cladded parapet and metal wall lining and R1.5 insulation. Additional windows have been introduced in the revised plans and offer satisfactory cross ventilation ad amenity as per the recommendations of the Panel.  

 

6.         The Proposed Landscape

Adjustments should be made to the east and west street terraces as previously noted in this report. It is suggested that a planting terrace with shrubs in it be provided to protect the privacy of the ground floor apartments below Waverley Street.

 

Comment: The revised plans have introduced planter boxes to the ground floor terraces fronting Waverly Street. This is effective in preserving privacy and amenity of the occupants, as well as softening the appearance of the dwelling when viewed from the street.

 

7.      The Amenity of the Proposal for its Users

The design of the balconies to Wentworth Street have been amended to improve attenuation of traffic noise and part solid balustrades have been provided to assist with privacy.

 

Comment: The Wentworth Street balconies have been provided with solid balustrades as per the recommendations of the Panel.

 

A special condition is recommended to require the balustrades of the Waverly Street balconies to be constructed with obscured glazing to improve the living amenity and privacy.

 

8.      The Safety and Security Characteristics of the Proposal

Satisfactory.  Casual surveillance of all public and communal spaces around the building would be possible.

 

9.      Social issues

A mix of larger apartments in one wing and smaller apartments in the other allows better general site planning, amenity and mix – this has been achieved.

 

Comment: The application proposes 5 x 2 bedroom units and 2 x 1 bedroom units. The proposed unit mix is considered to be acceptable.

 

10.    The Aesthetics of the Proposal

The aesthetics, as indicated in the photo montages is satisfactory.  The applicant needs to coordinate the drawings with the montages.

 

Comment:  A materials and finishes sample board has been submitted for assessment. Additional reference level and architectural details have also been incorporated in the revised drawings. The proposal carries positive architectural merits and will be sympathetic to the character of the existing streetscape and is considered to satisfy the performance requirements of the DCP – Multi Unit Housing.  The proposal will achieve an appropriate stepping down in height from Wentworth Street through excavation to the rear of the site, effecting a reasonable transition in building height and scale of development from the Wentworth Street frontage (which is characterised by existing residential flat buildings of considerable scale) to the rear boundary commensurate with the low scale residential development on Waverly Street.

 

SUMMARY AND RECOMMENDATIONS

The Panel does not need to review this project again if the issues raised in this report are addressed to the satisfaction of the Council’s assessing officer.

 

Comment: The proposal has been before the Panel twice. The application, as amended in accordance with the recommendations of the Design Review Panel, has adequately addressed a majority of the Panel’s concerns as noted above and represents a significant improvement over the earlier design of the original proposal. Where deficiencies still exist, conditions can be appropriately applied to ensure the provisions of SEPP 65 are met. Accordingly it is considered that the application does not require any further referral to the Panel. Remaining outstanding issues have been dealt with by way of proposed conditions of approval.

 

11.2  Policy Controls

11.2.1   Development Control Plan – Multi-Unit Housing

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

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

The application was accompanied by a suitable site analysis plan reflecting the elements of the proposed development.  

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 site is of regular shape with an existing frontage of 12.80m. Although this does not comply with the preferred solution for multi unit development site frontages, it is considered that the dimension and configuration of the site is suitable for the medium density housing purposes and will not compromise access to amenities for future occupants of adjacent properties. It is noted that the development meets height requirements stipulated in the RLEP 1998. The site allows for satisfactory siting of buildings.

P3 Development on corner sites responds to both street frontages.

 

Not applicable.

Height

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

 

The proposed development is consistent with the overall building and external wall height controls and does not result in excessive bulk and scale when viewed from the Wentworth and Waverly Streets.

The proposal has a height and scale which is compatible with the surrounding built environment and does not detract from the prevailing character of the locality. 

The proposal does not result in any unreasonable adverse impacts on the adjoining residential properties in terms of privacy, view loss, or visual bulk and scale.

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 is appropriately articulated with staggering wall alignments, a combination of materials, balconies, and creates satisfactory visual interest through use of an interesting roof form and blade walls etc.

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

Front setback to Wentworth Street complies at 6.09m and is consistent with Nos. 93 and 97-99 Wentworth Street (at 6m and 4m, respectively).

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 2C

Minimum average setback 5 metres.

 

 

 

No part closer than 3.5 metres.

 

 

Maximum length of wall without articulation is 10 metres.

 

 

North: 1.42m - Does not comply

South: 1.84m – 3m - Does not comply

 

North: 1.42m - Does not comply

South: 1.84m – 3m - Does not comply

 

Maximum length of wall without articulation is approximately 10m. Complies

Setbacks to the northern boundary of the site do not comply with preferred solutions. This portion of the building does not contribute to overshadowing and represents minimal potential to overlook into the adjoining property as the windows and balcony areas have been indicated for provision with external louvres. Further, large openings adjacent to living areas have been concentrated towards the Wentworth and Waverly Street elevations, as well as at the ground floor courtyard/terraces areas. For detailed assessment of setbacks at the southern side, refer to comments below these tables.

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 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

 

 

 

 

 

 

 

 

Maximum length of wall without articulation 10 metres.

 

Rear setback to Waverly Street – 4.88m, which does not meet the preferred solutions of the DCP. Notwithstanding this, the proposed setback allows for deep soil planting and will not result in overshadowing, visual privacy or visual bulk impacts to surrounding properties.

See discussion below for detailed assessment of setbacks.

 

Maximum length of wall without articulation is approximately 10m. Complies.

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.

The proposed shading devices and design of the development will not result in significant shadow impacts on the adjoining properties.

Density

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

 

The proposed development is not inconsistent with the character of the locality and the proposed dwellings maintain even distribution of scale and form to ensure that adequate character/scale elements are afforded to the streetscape.

Building bulk has been distributed to avoid unacceptable impacts upon adjacent properties.

Fences

P1  Fences to be/have:       

§ consistent with streetscape;

§ Entrances highlighted; and

§ Planting used to soften and provide privacy.

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

 

The proposal includes fencing to both street frontages.

 

The Waverly Street frontage is provided with a 1.4m high open style fence with security gate and landscaping. This minimises visual bulk by maintaining an open design consistent with the open and low scale residential nature of Waverly Street. A retaining wall is proposed behind the fence featuring planter boxes and terraced areas. This will provide additional landscaping opportunities to soften the appearance of the development when viewed from Waverly Street as well as provide privacy to the occupants of units 2 and 3 at the ground floor, which lie 1.66m below Waverly Street level. 

 

The proposal also includes a masonry wall (which partially acts to retain the courtyard for unit 1 at the ground floor) to the Wentworth Street frontage adjacent to the open driveway area leading to the basement carpark. The wall has a height of 1.6 – 1.7m. The pedestrian entry gate is highlighted and a 2m strip of landscaped area has been provided forward of the fence line, adjacent to the front boundary to reduce the visual impact of the development as is effective in softening the appearance of building.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1 Minimum for landscaped area 2 metres.

Each dwelling has an allocated area for outdoor recreation with a minimum of 18sqm. Complies.

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

 

Portions of the central courtyard are communal. Courtyards, terraces and balconies have been dedicated to all units and sufficiently screened to ensure privacy and amenity to future occupants. 

P3  Private Open Space

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

 

Each is provided with direct access to private outdoor recreation areas. Complies.

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

 

Private open space is provided to both street frontages, central courtyard, and adjacent to the northern boundary.

The site is bounded by appropriate fencing and planting and does not detract from the streetscape. Complies.

P5  Townhouses

Each dwelling is provided with an area of useable private open space or courtyard area, at ground or podium level.

S5 Minimum area of 25m2 and a minimum dimension of 3 x 4 metres.

Not applicable.

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.

Complies – Balconies/coutyards have minimum dimensions of 1.93m x 4.35m, with minimum areas of 8sqm.

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 proposal includes openings to the eastern (Wentworth Street), western (Waverly Street), northern and southern elevations. 

The majority of large openings at the ground floor are positioned toward the private courtyards fronting the street and balconies have been provided with solid sides to ensure reasonable levels of privacy for the existing residential flat buildings to the north and south. 

This is acceptable in terms additional overlooking and loss of privacy for adjoining dwellings.

Most windows are adequately offset and sufficiently protect the privacy of adjacent properties.

The proposal is deemed to be acceptable in this regard and screening is to be provided where overlooking is likely to occur. Suitable conditions include where necessary.

P2 Private open space design and location ensure privacy.

 

The private open space of each dwelling is located away from that of other units. The ground floor open spaces are adequately screened/separated by planter boxes and fencing. Proposed balconies are generally directed toward the Wentworth and Waverly Street frontages. Satisfactory.

P3  Acoustic Privacy

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

 

Satisfactory.

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

A standard condition is recommended to require the proposed works to comply with the Building Code of Australia. Complies, subject to condition.

View Sharing

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

 

There are no significant views to and from the site and surrounding properties.

P3 Buildings are aligned to maximise view corridors between buildings.

 

See above.

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

Refer to detailed discussion below.

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

 

The proposal will not result in unreasonable overshadowing impacts on the solar panels on the rooftops of adjoining dwellings.

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.

 

Refer to detailed discussion below.

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.

 

Refer to detailed discussion below.

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.

A BASIX certificate will be required as a condition of consent to ensure compliance with the commitments stipulated on the certificate through to the construction phase.

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 scheme is considered to be satisfactory to support the installation of solar panels.

Safety and Security

P1 Design allows surveillance.

 

Satisfactory.

P2 Approaches and entries are visible.

 

Satisfactory.

P3 High walls and structures avoided.

 

Complies.

P4 Resident car parking has security grilles or doors.

 

Complies.

P5 Visitor parking spaces clearly identifiable.

 

Complies.

P6 Adequate lighting for personal safety and security provided.

 

Conditioned.

P7 Adequate lighting is provided in common areas.

 

Conditioned.

P8 External lighting does create a nuisance.

 

Conditioned.

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

The proposal provides a total of 10 spaces and complies numerically with the parking rates specified in the DCP – Parking.

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

 

The parking spaces are located at basement level and are well integrated into the design of the building. The proposed carspaces are not readily visible from the street and do not dominate the façade in terms of bulk and scale.

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

 

Not required as the development comprises of only 7 units.

P3 Secure storage for bicycles is provided.

 

The DCP requires a minimum of 3 bicycle parking spaces to be provided on site. A bicycle storage area is shown in the ground level basement plan capable of accommodating 3 bicycles. Complies.

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

The proposed driveway leading to the basement carpark has a width of 3m at the property boundary.

The areas occupied by the access driveway are considered to be satisfactory and will not result in unacceptable visual impacts.

P2 Vehicles enter/ leave in a forward direction.

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

The proposed parking design has been assessed by Council’s Development Engineers and no objections were raised on traffic or safety grounds.

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

S3 Long driveways provide passing bays.

Not applicable. 

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

S4 Driveways have a minimum width of 3m

 

Driveways are at least 1m from any side or rear fence.

Complies.

 

 

Complies.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

The proposal does not feature any large expanses of concrete adjacent to the street frontage. Satisfactory.

P6 Driveway gradients safe.

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

The proposal has been assessed by Council’s Development Engineers and no objections were raised on traffic or safety grounds.

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.

Complies. Unit sizes are generous and include linen cupboards and built-in wardrobes to each dwelling. Storage areas of 5sqm to 6sqm have also been provided to each unit within the basement parking level.

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.

Conditioned.

P2  Dwelling requirements:

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 so on…

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

 

Not applicable as the proposed development contains 7 dwellings.

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

 

Not required as the development comprises of only 7 units.

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

 

Not required as the development comprises of 7 units. Access via stairs only.

Utilities/Site Facilities

P1 Mailboxes provided in accordance with Australia Post.

 

Conditioned.

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

 

Conditioned.

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

 

Conditioned.

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

 

Conditioned.

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

 

Conditioned.

P6 Telephone lines provided in accordance with the service provider.

 

Conditioned.

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

 

Complies.

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.

Not indicated. Conditioned to comply.

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

 

The proposed waste facilities are located on the street level, at the Wentworth Street frontage adjacent to the site’s southern boundary and existing driveway of No. 97-99 Wentworth Street. The waste facilities will not be visible from the street as they are adequately screened by proposed fencing/landscaping and accessed via a gate. This is not seen to detract from the appearance of the building. Complies.

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.

See assessment above.

P3 Ancillary structures do not dominate and detract visually. 

 

Satisfactory.

 

Setbacks

The current application details the following setbacks: 

 

Elevation 

 

DCP – Multi Unit Housing preferred solutions

Proposed setback

Western setback (Wentworth Street)

Setback to be consistent with that of the adjoining development

6.09m

Eastern setback (Waverley Street)

Minimum 6m

4.883m

Northern side setback (both buildings)

Minimum of 3.5m

1.42m

Southern side setback (Wentworth Street building)

Minimum of 3.5m

3.0m

Southern side setback (Waverley Street building)

Minimum of 3.5m

1.84m

 

The Objectives and Performance Requirements of the DCP seek to 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.

·      Streetscape amenity is maintained.

 

The Waverly Street building (bulk of building from boundary to glass line) is setback 4.88m (ground floor) – 8.1m to 8.35m (first and second floors) from the Waverly Street boundary. Although this does not meet the preferred solutions of the DCP, it is considered acceptable given the rear facing balconies and terraces will be provided with adequate screening devices such that there is minimal impact to the privacy of the adjoining properties across Waverly Street. Further, there is ample building separation between the Waverly Street terraces and the eastern façade of the proposed development. The staggered eastern façade is also effective in reducing the bulk of the development as the non-compliant ground floor section (at a setback of 4.883m) is excavated into the site to create a terrace below the Waverly Street level. This section is not readily visible from the street and more generous setbacks at the first and second levels are adequate and effective in reducing the appearance of bulk and scale, resulting in a building which is commensurate with the low scale nature of Waverly Street. The proposal effectively addresses both street frontages and responses to the established character of both Wentworth and Waverly Streets.

The proposal will achieve an appropriate stepping down in height from Wentworth to Waverly Street to the rear of the site, effecting a reasonable transition in building height and scale of development.

 

The building has been articulated through the incorporation of balconies and a combination of solid and open elements. The building form proposed, having a front and rear wing with landscaping between has reduced bulk and scale impacts on the adjoining properties and both street frontages.

 

Notwithstanding the proposal’s non-compliance with side setback requirements, it has been demonstrated in the relevant sections of this report that despite these non-compliances, the proposal does not result in unreasonable adverse impacts to the privacy, ventilation, and solar access of the adjacent sites.

 

The proposed built form has incorporated staggered wall planes, select indentations, window openings, terraces, louvres and balcony areas, which will appropriately articulate the building facades and create visual interest. This assists in breaking any potential visual height, bulk and scale. Accordingly, the variations in setbacks are considered to be non-intrusive and visually amenable.

 

Solar Access and Overshadowing

The DCP – Multi Unit Housing requires that the living areas of neighbouring dwellings receive 3 hours of sunlight over part of their surface throughout the year. If less currently available, the amount is not reduced. The DCP also requires the principal private outdoor open space of neighbouring dwellings to receive 3 hours of sunlight over at least 50% of its area throughout the year. Similarly, if there is less currently available, this amount should not be further reduced.

 

The proposed development will result in additional shadow impacts to the adjoining property to the south of the subject site, No. 97-99 Wentworth Street. Shadow elevations submitted with the application indicate that the development will result in the loss of sunlight to the ground floor north-facing windows in the residential flat building located on No. 97-99 Wentworth Street during the hours of 9am to 3pm on 21 June, being the winter solstice. The proposal therefore does not strictly meet the preferred solution of the DCP.

 

Planning principle relating to solar access:

An assessment has been made against the planning principle established in the Land and Environment Court case, The Benevolent Society v Waverley Council [2010], NSWLEC 1082:

 

Where guidelines dealing with the hours of sunlight on a window or open space leave open the question what proportion of the window or open space should be in sunlight, and whether the sunlight should be measured at floor, table or a standing person’s eye level, assessment of the adequacy of solar access should be undertaken with the following principles in mind, where relevant:

 

·        The ease with which sunlight access can be protected is inversely proportional to the density of development. At low densities, there is a reasonable expectation that a dwelling and some of its open space will retain its existing sunlight. (However, even at low densities there are sites and buildings that are highly vulnerable to being overshadowed.) At higher densities sunlight is harder to protect and the claim to retain it is not as strong.

 

Comments:

The subject site and the adjoining property that will be affected by overshadowing from the proposed development are zoned Residential 2C under RLEP 1998. The objective of the 2C zone aims at enabling residential development in a variety of medium density housing forms. As is discussed under the “SEPP 1” section of this report, the proposed building height and density are considered to be compatible with the surrounding environment and are suited to the site’s highly accessible location. The proposal represents an acceptable attempt to realise the full development potential of the site.

 

Given that the zoning and development standards contained in the LEP envisage a medium density housing form, and that there are other similarly scaled residential flat buildings in the area, it is much more difficult to achieve strict compliance with the performance requirements in the DCP, as compared to the scenario of a lower density residential zone.

 

·        The amount of sunlight lost should be taken into account, as well as the amount of sunlight retained.

 

Comments:

The first and second floors of the adjacent residential flat building to the south will continue to enjoy reasonable access to sunlight during the winter solstice and will not be reduced to less than 3 hours between the hours of 9am and 3pm on 21 June.

 

There are a limited number of window openings at the ground floor, where resultant overshadowing from the proposal will be most severe. This area is occupied by the garage, a substantial indented alcove section containing 2 door and 1 window opening (with a building separation of 8.7m between No. 97-99 and the proposed development), and 2 windows further west.

 

Windows and balconies of No. 97-99 Wentworth Street will receive reasonable solar access alternating between the mornings and afternoons.

 

·        Overshadowing arising out of poor design is not acceptable, even if it satisfies numerical guidelines. The poor quality of a proposal’s design may be demonstrated by a more sensitive design that achieves the same amenity without substantial additional cost, while reducing the impact on neighbours.

 

Comments:

As is discussed in the above sections, the proposed floor space, built form, roof design and façade modulation are considered to be satisfactory and will be compatible with the adjoining developments and the Wentworth and Waverly streetscapes. The proposal readily meets the standards for overall and external wall height and the break in building mass provided by the central courtyard further serves to alleviate overshadowing impacts. It is not considered that the resultant overshadowing impact in itself warrants refusal of the proposal as the additional impact to the adjoining property is a direct and natural consequence of the orientation of the sites rather than an indication of an inappropriate building design.

 

·        For a window, door or glass wall to be assessed as being in sunlight, regard should be had not only to the proportion of the glazed area in sunlight but also to the size of the glazed area itself. Strict mathematical formulae are not always an appropriate measure of solar amenity. For larger glazed areas, adequate solar amenity in the built space behind may be achieved by the sun falling on comparatively modest portions of the glazed area.

 

Comments:

As shown in Figures 2, 3 and 4 below, there are a limited number of window openings at the ground floor, where resultant overshadowing from the proposal will be most severe. This area is occupied by the garage, a substantial indented alcove section containing 2 door and 1 window opening (with a building separation of 8.7m between No. 97-99 and the proposed development), and 2 windows further west.

 

The primary open space/balcony for the ground floor unit to be affected most by the proposal is located on its Wentworth Street elevation and remains free from overshadowing from 12 noon onwards (for the west facing ground floor balcony) and 3pm onwards (north facing windows at the ground floor) during winter solstice. The first floor balconies and window openings will receive ample sunlight during the 21 June and meets the preferred solutions of the DCP with regard to solar access and overshadowing as there is only significant overshadowing present in the mornings.  

 

Windows and balconies of No. 97-99 Wentworth Street will receive reasonable solar access alternating between the mornings and afternoons.

 

·        For private open space to be assessed as receiving adequate sunlight, regard should be had of the size of the open space and the amount of it receiving sunlight. Self-evidently, the smaller the open space, the greater the proportion of it requiring sunlight for it to have adequate solar amenity. A useable strip adjoining the living area in sunlight usually provides better solar amenity, depending on the size of the space. The amount of sunlight on private open space should ordinarily be measured at ground level but regard should be had to the size of the space as, in a smaller private open space, sunlight falling on seated residents may be adequate.

 

Comments:

The adjacent residential flat building to the south has limited outdoor recreation areas due to the irregular subdivision pattern. The driveway adjacent to the northern boundary of No 97-99 Wentworth Street extends along the entire length of the subject site. However, the bulk of the site (No. 97-99) and the existing residential flat building on the site are significantly shorter than the subject site with a difference of some 14.62m (Refer to figure 1 below). 

 

Figure 1: No. 97-99 Wentworth Street, directly south of the subject site

is highlighted in pink.

 

Major openings and outdoor recreation space for (97-99 Wentworth Street) are generally restricted to balconies on the residential flat building. As shown in Figures 2, 3 and 4 below, there are a limited number of window openings at the ground floor, where resultant overshadowing from the proposal will be most severe. This area is occupied by the garage, a substantial indented alcove section containing 2 door and 1 window opening (with a building separation of 8.7m between No. 97-99 and the proposed development), and 2 windows further west.

 

Figure 2: North facing balconies and window openings toward the rear of No. 97-99, adjacent to the driveway neighbouring the subject site.

 

Figure 3: Corresponding detail and level survey for the northern elevation of No. 97-99 Wentworth Street to be affected by the proposal prepared by CitiSurve Pty Ltd, Survey Plan numbered sheet 2 of 2, dated 18-12-2007.  

 

Figure 4: Corresponding detail and level survey for the northern plan view of No. 97-99 Wentworth Street to be affected by the proposal prepared by CitiSurve Pty Ltd, Survey Plan numbered sheet 1 of 2, dated 18-12-2007.  

 

Further, the primary open space/balcony for the ground floor unit to be affected most by the proposal is located on its Wentworth Street elevation and remains free from overshadowing from 12 noon onwards (for the west facing ground floor balcony) and 3pm onwards (north facing windows at the ground floor) during winter solstice. The first floor balconies and window openings will receive ample sunlight during the 21 June and meets the preferred solutions of the DCP with regard to solar access and overshadowing as there is only significant overshadowing present in the mornings.  

 

Due to the orientation of the site, combined with the irregular subdivision pattern, there will be a degree of unavoidable overshadowing to the front and rear areas of No. 97-99 Wentworth Street. Accompanying shadow diagrams indicate that whilst the front yard will experience overshadowing during winter mornings, the shadow will move away from these areas toward the rear of the site and by afternoon, overshadow parts of the subject site, as well as the rear garages of No. 101-103 Wentworth Street, two sites south of the subject site. Windows and balconies of No. 97-99 Wentworth Street will receive reasonable solar access alternating between the mornings and afternoons.

 

·        Overshadowing by fences, roof overhangs and changes in level should be taken into consideration. Overshadowing by vegetation should be ignored, except that vegetation may be taken into account in a qualitative way, in particular dense hedges that appear like a solid fence.

 

Comments:

The proposed landscaping and fencing structures will not result in significant impacts on solar access to the existing residential flat building at No. 97-99 Wentworth Street, immediately south of the subject site.

 

·        In areas undergoing change, the impact on what is likely to be built on adjoining sites should be considered as well as the existing development.

 

Comments:

The existing residential flat buildings on the adjoining sites at 93 and 97-99 Wentworth Street four (4) stories in height and occupy a significant portion of the allotment areas. It is unlikely that the neighbouring properties will be completely redeveloped in the foreseeable future. 

 

In conclusion, the form and density of the proposed development are satisfactory and the resultant shadow impacts are considered to be reasonable having regard to the planning principle.

 

Privacy Impacts

 

Elevations facing the central courtyard have been provided with modest openings servicing areas of low impact usage to minimise mutual overlooking between the Wentworth and Waverly Street buildings.

 

As previously detailed, a proposed condition of consent requires the glazing of the balustrades to the decks fronting Waverly Street to be with opaque glass. This is considered to be adequate to limit impacts to properties located on the opposite of the Waverly Street.

 

Balconies and courtyards adjacent to living areas have been directed toward Wentworth and Waverly Streets to provide the maximum building separation bet5ween these areas and adjacent development. Further, north and south facing windows have been provided with adequate internal finished floor levels and external screening devices such that the proposed development will not result in unreasonable loss of privacy and amenity for the surrounding properties. Privacy impacts from the development are considered to be acceptable. 

 

11.2.2    Development Control Plan – Parking

 

The DCP – Parking requires, amongst other things, car parking to be provided for multi-unit residential development at a rate of 1.2 spaces per 2 bedroom dwelling, 1.5 spaces per 3 bedroom dwelling and 1 visitor space per 4 dwelling units. Car parking provision is assessed in the table below: -

 

 

Rate

Required

Proposal

Business Premises

n/a

n/a

n/a 

Studio

n/a

n/a

 

 

10 spaces provided

1 Bedroom

1 per unit

2 units = 2 spaces

2 Bedroom

1.2 per unit

5 units = 6 spaces

Visitor

1 per 4 units

7 units = 2 spaces

Total car spaces

 

 10 spaces

10 spaces

The proposal complies numerically with the parking rates specified in the DCP – Parking. The DCP also requires a minimum of 3 bicycle parking spaces to be provided on site. A bicycle storage area is shown in the ground level basement plan capable of accommodating 3 bicycles. Council’s development Engineers have assessed the application and no objections have been raised on parking or traffic grounds.

 

11.2.3    Section 94A Contributions

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

$2,209,000

1.0%

$22,090

 

11.3  Council Policies

11.3.1   Rainwater Tanks Policy 2003

The proposal has been assessed against the policy and a condition of consent will be imposed as part of any consent which ensures adequate tank capacity has been provided for the site.

 

11.3.2    Council’s Asbestos Policy 2005

An Asbestos survey, prepared by Environmental Monitoring Services, report number C09 7009, dated 27 February 2009 and received by Council on 22 October 2009 has been submitted with the application which identifies that the existing building does contains materials which contain building asbestos.

 

As such, in accordance with Council’s Asbestos Policy, a number of conditions of consent have been imposed accordingly to maintain appropriate levels of public health and safety.

 

12.   Environmental Assessment

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

 

 

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

Not applicable.

 

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

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

 

 

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

Not applicable.

 

 

 

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

Clause 7 of the EP&A Regulation 2000 requires the consent authority to consider the provisions of the Building Code of Australia. Accordingly, appropriate conditions of consent are recommended for imposition should this application be considered suitable for approval.

 

Clause 92 of the Regulation requires the consent authority to consider relevant Australian Standards relating to demolition of structures. Accordingly, a specific condition is recommended for imposition to require compliance with Australian Standard 2601.

 

Clause 93 of the Regulation requires the consent authority to consider the structural capacity and fire safety aspects of a building. Accordingly, appropriate conditions are recommended to address the above matters.

 

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

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

 

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

 

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

The site has sufficient area to accommodate the proposed land uses and structures. Therefore, the site is considered suitable for the proposed development.

 

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

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

 

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

The proposal is not considered to result in significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered satisfactory in public interest terms.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:                 Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development complies with the relevant objectives and performance requirements of DCP – Multi Unit Housing and DCP - Parking.

 

The SEPP No. 1 Objection lodged with respect to non-compliance with the floor space ratio standard is considered to be well founded. The proposal will not result in unreasonable impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view sharing, solar access and privacy.

 

The proportions, massing, colours, materials and finishes proposed are considered to be satisfactory. The design carries satisfactory architectural merits and will be sympathetic to the character of the existing streetscape.

 

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

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 20F(2) of Randwick Local Environmental Plan 1998 (Consolidation), relating to maximum floor space ratio, on the grounds that the proposed development complies with the objectives of the clause, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 767/2009 for the demolition of existing structures on site & construction of a multi-unit development comprising 2x3 storey buildings containing 7 residential units, a combined basement car park for 10 vehicles and associated works, at 95 Wentworth Street, Randwick, subject to the following conditions:

 

REFERENCED PLANS:

 

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

 

Plan No.

Revision

Dated

Prepared by:-

DA-01

E

16/04/10

Nexus Architecture Pty Ltd

DA-02

D

16/02/10

DA-03

E

28/04/10

DA-04

E

28/04/10

DA-05

E

16/04/10

DA-06

D

18/02/10

DA-012

D

18/02/10

 

all received by Council on 13 May 2010, the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

 

 

 

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.       All balcony balustrades facing Waverly Street must be constructed of obscure/opaque glass to minimise overlooking toward the residential properties to the east of the site. Details of compliance are to be demonstrated in construction certificate plans.

 

3.       The east facing balconies at the second floor adjacent to bedroom 1 of unit 5 and bedroom 1 of unit 6 shall be provided with operable louvered sliding screens of 1m in width to provide shade and improve privacy and amenity to these units. The screens can be of full height or provided above the balustrade. Details of compliance are to be demonstrated in construction certificate plans.

 

4.       A separate development application is required to be submitted to, and approved by, Council prior to the construction of any side and/or rear fencing, with the exception of those fencing types that are listed in the Randwick Development Control Plan – Exempt and Complying Development or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

 

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

 

5.       The colours, materials and finishes of the external surfaces to the building must be consistent with the approved drawing DA-09, dated August 2008, Revision E and the sample board prepared by Nexus Architecture and submitted to Council with the development application on 13 May 2010.

 

6.       Street numbering must be provided to the premises in a prominent position, to the satisfaction of Council.

 

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

 

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

 

8.       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.

 

9.       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.

 

10.     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.

 

11.     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.

 

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.

 

The following condition is applied to promote occupant safety in the building.

 

13.     Openable 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:

 

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

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

·      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 width of 125mm,

·      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),

·      Other appropriate effective safety measures or barrier.

 

The following condition/s are 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 $2,209,000.00, the following applicable monetary levy must be paid to Council: $22,090.00

 

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

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

 

The following conditions have been applied to maintain reasonable levels of amenity to the area:

 

15.     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.

16.     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.

 

17.     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:

 

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

 

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

 

19.     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.

 

20.     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.

 

21.     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.

 

22.     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.

 

23.     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”.

 

24.     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.

 

25.     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.

 

26.     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

 

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.

 

27.     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.

 

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

 

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

 

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

 

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

 

29.     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.

 

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

 

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

 

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

 

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

 

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

 

31.     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.

 

32.     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.

 

33.     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.

 

34.     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 abovementioned premises, prior to the commencement of any works.

 

35.     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.

 

36.     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 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:

 

37.     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.

 

38.     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).

 

39.     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.

 

40.     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.

 

41.     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.

 

42.     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.

 

43.     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.

 

44.     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.

 

45.     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.

 

46.     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.

 

47.     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.

 

48.     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.

 

49.     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.

 

50.     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 adequate security against damage to Council’s infrastructure:

 

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

 

a)   $2000.00   -      Damage / Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

 

Traffic Conditions/Civil Works Conditions

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

 

52.     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.

 

b)       Remove the redundant concrete vehicular crossing and layback at the rear of the site in Waverley Street and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

 

c)       Re-construct a kerb and gutter for the full Wentworth Street site frontage except opposite the vehicular entrance and exit points.

 

d)       Carry out a minimum 1.00m wide road re-knit in front of the kerb and gutter along the full site frontage.

 

e)       Reconstruct the concrete footpath along the Wentworth Street site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

56.     The driveway opening at the Wentworth Street frontage must be a minimum 3.00 metres wide and located at least 1.0 metres clear of the side property.

 

57.     The basement carpark layout with column location and parking space dimensions shall be constructed in accordance with the plans submitted to Council by e-mail on 20/5/10 shown as Drwg No DA01 Rev D dated 20/5/09.

 

58.     The internal driveway shall be constructed so as not to exceed a grade of 1:8.

 

59.     A Works Zone is to be provided in Wentworth 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.

 

60.     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.

 

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

 

61.     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:

 

Wentworth St Frontage -    match the back of the existing footpath along the full site frontage.

 

Waverley St Frontage –      170mm above the invert of the concrete gutter.

 

62.     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.

 

63.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $1,126.00 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:

 

64.     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.

 

65.     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.

 

66.     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.

 

67.     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.

 

68.     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.

 

69.     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 or release of the plan of subdivision, whichever occurs first

 

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

 

70.     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.

 

71.     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.

 

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

 

a)     The kerb and gutter or drainage system at the front of the property;

        OR

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

 

73.     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.

 

74.     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.

 

75.     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.

 

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

 

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

 

78.     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

 

79.     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.

 

80.     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).

 

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

 

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

 

83.     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.

 

84.     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.

 

85.     Prior to occupation of the development or in conjunction with registration of the plan of subdivision, whichever is first, 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.       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.

 

86.     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.

 

87.     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:

 

·       The location of the detention basin with finished surface levels;

·       Finished site contours at 0.2 metre intervals;

·       Volume of storage available in the detention areas;

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

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

·       Details of any infiltration/absorption systems; and

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

 

88.     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.

 

89.     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).

 

·      Seepage water must not be collected and discharged from the site.

 

·      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.

 

·      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:

 

90.     The garbage room areas will have to be designed so as to be able to contain a total of 8 x 240 litre bins (4 garbage bins & 4 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.

 

91.     The waste storage areas shall be clearly signposted.

 

92.     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 development site.

 

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

 

93.     Landscaping at the site must be installed substantially in accordance with the Landscape Plan by Wendy Balafoutis, dated March 2009, subject to the following additional requirements being shown on an amended plan, which must be submitted to, and be approved by, the PCA, prior to the commencement of site works, including:

 

94.     In order to make full use of the deep soil zone in the central courtyard, at least 1 x 100 litre (pot/bag size at the time of planting) feature tree, or a grove of at least 3 native palms, all of which must attain a minimum height of 6 metres at maturity, shall be planted in this area;

 

95.     In order to maximise screening and privacy between the subject site and those adjoining multi-storey unit blocks to both the north (no.93) and south (no.97-99), suitable screening trees shall be incorporated into those garden beds proposed halfway along the length of both the northern and southern boundaries, similar as to what can be seen along the rear boundary, as well as at the northwest and southeast corners of the site.

 

96.     Soil and mulch/pebble/gravel details, irrigation, lighting, edging, paving, fencing/screening details, retaining walls and surface finishes, as well as any other elements in order to sufficiently describe the proposed landscape works.

 

97.     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.

 

98.     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.

 

99.     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.

 

100.    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.

 

a)   Prior to issuing a Final Occupation Certificate, the PCA must ensure that the landscaping is installed in accordance with the approved plan, with the body corporate required to ensure that it is maintained in a healthy and vigorous state until maturity, for the life of the development.

 

Planting of new street tree

 

101.    The applicant shall submit a total payment of $107.25 (including GST), being the cost for Council to supply and install 1 x 25 litre street tree on the Wentworth Street verge, to the south of the proposed vehicle crossing, at the completion of all works.

 

The contribution shall be paid into Tree Amenity Income account no 4001.768401 at the Cashier on the Ground Floor of the Administrative Centre prior to a Construction Certificate being issued for the development.

 

The applicant must contact Council’s Landscape Development Officer on 9399-0613 (quoting the receipt number), and giving at least four working weeks notice, to arrange for planting of the new street tree upon completion of all site works.

 

Approval is granted for the removal of all existing vegetation within the site, including the Archontophoenix cunninghamiana (Bangalow Palm) in the rear yard, near the northeast corner of the site, in order to accommodate the proposed works as shown, as all are relatively insignificant, and will also be in direct conflict with the proposed demolition and construction works, but is subject to full implementation of the approved landscaping.

Advisory Conditions

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

 

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

 

In this regard, the development consent plans do not show compliance with the deemed-to-satisfy provisions of the BCA, 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)     Clause C3.2&C3.4    -     Protection of openings in external walls

f)      Part D1                 -     Provisions for escape

g)     Clause D1.2            -     Number of exits required, particularly, the basement car park

h)     Part E1                  -     Fire fighting equipment

i)      Part E2                  -     Smoke Hazard Management

j)      Part E4                  -     Emergency lighting, exit signs & warning systems

k)     Part F1                  -     Damp and weatherproofing

l)      Part F4                  -     Light and ventilation

m)     Part F5                  -     Sound Transmission and Insulation

n)     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.

 

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.

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Planning Committee

14 September 2010

 

 

 

Development Application Report No. D66/10

 

 

Subject:                  80 Alison Road, Randwick

Folder No:                   DA/9/2010

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Demolition of existing structures on site and construction of a part 4- and part 2-storey residential flat building comprising 5 x 2-bedroom dwellings and car parking for 8 vehicles with associated landscape works

Ward:                      North Ward

Applicant:                Vastu Australia Pty. Ltd.

Owner:                         G M Johnston & M C Kennedy

Summary

Recommendation:     Deferred Commencement Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan


1.      Executive Summary

 

The subject proposal is referred to the Planning Committee Meeting for determination as it contains variation to the FSR development standard by more than 10%.

 

The application was advertised and notified from 20 January to 3 February 2010 in accordance with DCP – Public Notification of Development Proposals and Council Plans. The application was re-advertised and re-notified from 9 to 24 June 2010 following the receipt of amended drawings. A total of five (5) submissions were received at the conclusion of the public consultation processes. The issues raised in the submissions are primarily related to streetscape, floor area, height, bulk and scale, exterior colours, privacy, overshadowing, traffic and parking congestion and structural damage to adjoining properties.

 

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. 2C (Residential C Zone) under RLEP 1998. The proposal is considered to be consistent with the zoning objectives in that it will deliver multi-unit housing, which is compatible with the desired character of the locality.

 

The proposed development has an FSR of 0.88:1, which exceeds the LEP standard of 0.65:1 by 0.23:1. The proposed external wall height is 10.8m and exceeds the development standard by 800mm.

 

Notwithstanding the above, the locality is predominantly characterised by multi-unit residential developments with a height of 3 storeys or above. The proposal will create a part 4- and part 2-storey residential flat building. The 4-storey section of the development fronts onto Alison Road where the lowest level is substantially sunken below ground. The development has a height and scale, which are compatible with the existing residential flat buildings in the surrounding environment, and will not detract from the prevailing residential character of the locality.

 

The submitted SEPP 1 Objections in relation to the non-compliance with the FSR and external wall height standards have been reviewed and are considered to be well founded.

 

However, the location and configuration of the proposed rooftop terraces are considered to result in adverse impacts on the privacy and amenity of the adjoining residential flat buildings. The rooftop terraces are therefore proposed to be deleted by a deferred commencement condition.

 

The Randwick Multi-Unit Housing DCP specifies detailed built form, setbacks and amenity controls for residential flat buildings. The proposed building height, setbacks, landscaped open space provision, façade treatment, privacy protection measures and solar access of the development are considered to be satisfactory, subject to the recommended conditions.

 

The application is therefore recommended for approval by Deferred Commencement.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 6 in DP 11300, No. 80 Alison Road, Randwick. The site is located on the eastern side of Alison Road to the south of its intersection with Cowper Street. The land slopes from the rear to the street with a fall of approximately 4m. The land area and dimensions of the site are summarised in the table below:

Boundary

Length

Land area

Northern side boundary

41.53m

547.4m2

Southern side boundary

40.74m

Western, Alison Road boundary

15.24m

Eastern, rear boundary

12.08m

 

At present, the site accommodates a single-storey detached dwelling of brick and tiled roof construction. An outbuilding is located at the south-eastern corner of the site. A single hardstand car space is located in the front setback areas. A reciprocal right of carriageway with the adjoining property at No. 82 Alison Road previously existed along the southern boundary of the site. This right of carriageway has already been extinguished.

 

The adjoining properties to the north (No. 78 Alison Road) and south (No. 82 Alison Road) are both 3-storey residential flat buildings constructed in the inter-war period. The rear boundary of the site adjoins a modern residential flat building fronting Cowper Street (No. 2 Cowper Street). The locality is predominantly characterised by multi-unit residential developments interspersed with detached houses.

 

Figure 1 Existing dwelling on the subject site (middle)

Figure 2 Existing detached outbuilding at the rear of the site; the multi-unit residential building at 2 Cowper Street is seen in the background

Figure 3 Adjoining 3-storey residential flat building at 78 Alison Road

Figure 4 Adjoining 3-storey residential flat building at 82 Alison Road

 

3.      The Proposal

 

The proposed development includes the following components:

 

·      Demolition of existing structures on the site.

·      Construction of a part 4- and part 2-storey residential flat building consisting of 5 x 2-bedroom dwellings and a semi-basement car park with 8 spaces.

·      General landscape works.

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(2) 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. 2C is 0.65:1 or 355.8m2 gross floor area (GFA) for sites with less than 700m2 land area. The proposal has an FSR of 0.88:1 or 483.7m2 GFA, and exceeds the development standard by 0.23:1 or 127.9m2. The proposal entails a variation to the standard by 35.9%.

 

The proposed variation is summarised in the table below:

 

Floor space ratio (FSR)

Gross floor area (GFA)

Proposed FSR / GFA

0.88:1

483.7m2

Permissible FSR /  GFA

0.65:1

355.8m2

FSR / GFA in excess of LEP standard

0.23:1

127.9m2

 

(ii)    Building heights

Clause 33(4) specifies a maximum external wall height of 10m in Residential 2C Zone. The proposed external wall height amounts to a maximum of 10.8m, and exceeds the LEP development standard by 0.8m. This represents a variation to the development standard of 8%.

 

(iii)   Planning principle assessment

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

 

Matter 1

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

 

Comments:

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

 

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

 

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

 

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

 

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

 

Comments relating to FSR:

 

The proposed development is designed to visually accentuate the street character of Alison Road through providing the three storey[s] at the street side of the site.

 

The height of the proposed development is lower than the adjoining residential flat buildings, to the north and south of the site. This design approach will ensure that proposal respectfully responds to the built form character of the surrounding locality.

 

The proposed wide deep soil planting area along the front and side setback area of the site provides a green visual buffer separating the proposed development from the adjoining residential flat building[s] immediately to the north and south.

 

The proposed roof design reduces the apparent bulk of the development and is consistent with the adjoining properties.

 

Comments relating to external wall height:

 

The proposed development is designed to visually accentuate the street character of Alison Road through providing the three storey[s] at the street side of the site.

 

The overall height of the proposed development is lower than the adjoining residential flat buildings, to the north and south of the site. This design approach will ensure that proposal respectfully responds to the built form character of the surrounding locality.

 

The proposed wide deep soil planting area along the front and side setback area of the site provides a green visual buffer separating the proposed development from the adjoining residential flat building[s] immediately to the north and south.

 

The proposed roof design reduces the apparent bulk of the development and is consistent with the adjoining properties.

 

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

 

-      The subject locality contains a number of multi-unit residential developments reaching 3 or more storeys in height (refer to the table below). The proposal will create a part 4- and part 2-storey residential flat building. The 4-storey section fronts onto Alison Road with the lowest car parking level being contained substantially under-ground. The proposed development has a height and scale, which are compatible with the existing flat buildings in the surrounding environment, and will not detract from the prevailing residential character of the locality.

 

Property:

78 Alison Road

 

Location:

Southern corner of the intersection between Alison Road and Cowper Street, immediately north of the subject site

 

Building type:

residential flat building

 

Height:

3 storeys

 

Property:

82 Alison Road

 

Location:

Eastern side of Alison Road, immediately south of the subject site

 

Building type

Residential flat building

 

Height:

Maximum 3 storeys

 

Property:

84 Alison Road

 

Location:

Eastern side of Alison Road, to the south of the subject site

 

Building type:

Residential flat building

 

Height:

Maximum 2.5 storeys

 

Property:

86 Alison Road

 

Location:

Eastern side of Alison Road, to the south of the subject site

 

Building type:

Residential flat building

 

Height:

Maximum 4 storeys

 

Property:

94-96 Alison Road

 

Location:

Eastern side of Alison Road, to the south of the subject site

 

Building type:

Residential flat building

 

Height:

8 storeys plus 2 levels of car park

 

-      The front (4-storey) section of the development has a parapet height of RL48.02. The proposal incorporates a skylight over the second floor level that reaches a maximum height of RL48.90. Notwithstanding, the skylight structure angles up away from the street and will not materially accentuate the bulk of the building as viewed from the public domain.

 

In comparison, the adjoining residential flat building at 78 Alison Road has roof ridge and gutter heights of RL50.07 and RL46.60 respectively. The roof ridge and gutter heights of the southern adjoining flat building at 82 Alison Road are RL49.06 and RL45.87 respectively.

 

Although the proposed parapet is higher than the gutter levels of the existing residential flat buildings to the north and south, the subject development has a lower overall building height. The proposal adopts a contemporary design with the building mass being appropriately articulated by balconies, screens and window openings, which will create visual interest. The low profile flat roof also contributes to minimising the height of the building.

 

The design scheme is considered to be compatible with the bulk and scale of the adjoining inter-war flat buildings and will deliver a suitable streetscape presentation to Alison Road.

 

-      The proposal complies with the maximum building height control stated in RLEP 1998. Despite the fact that there are single-storey dwellings in the immediate surroundings (88, 90 and 92 Alison Road, approximately 44m to 73m to the south of the site), the objectives for Zone 2C allow for higher density developments as compared to Zones 2A and 2B. The proposal represents a reasonable attempt to realise the full development potential of the site.

 

-      The proposed development will provide adequate landscaped and deep soil areas that enhance privacy between buildings and visually soften the structures on the site.

 

-      The proposed development will deliver a suitable streetscape presentation to Alison Road that is compatible with the adjoining inter-war flat buildings. The proposal will allow orderly and economic use of the land for urban consolidation. The proposed housing density and resultant height are justified by the site’s proximity to the Randwick Commercial Centre and public transport services.

 

-      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, subject to the recommended conditions.

 

In conclusion, the submitted SEPP 1 Objection has addressed the consistency of the proposed development with the underlying and stated purposes of the standards, the local planning objectives for the locality and objectives of the Act. The objection has appropriately justified that the strict compliance with the development standards is unreasonable and unnecessary in the circumstances of the case. As such, it is considered that the objection is well founded.

 

Matter 2

 

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

 

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

 

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

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

 

Comments:

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

 

5.      Site History

 

5.1    Previous development applications relating to the site

DA/939/2008

Demolition of existing structures on site and construction of a part 4- and part 2-storey residential flat building comprising 5 dwelling units and 7 parking spaces.

The application was withdrawn on 6 April 2009.

 

 

5.2    Plan amendments

21 May 2010

Following meetings with the Design Review Panel and Council’s assessment officer, the applicant has submitted revised drawings and additional information including the following:

 

·      A geotechnical report prepared by a qualified engineer.

·      Concept stormwater management plans prepared by a qualified engineer. 

·      SEPP 1 Objections to FSR and external wall height development standards.

·      A letter from a qualified engineer indicating that the proposed car park layout is structurally feasible.

·      A letter from a Building Code of Australia consultant outlining a fire protection strategy for windows located at less than 3m from the common boundaries.

·      Revised architectural drawings incorporating the following changes:

-  Revised design details relating to the privacy screens on the Alison Road façade of the building.

- Refinement of the internal room layout.

- Updated shadow diagrams.

- Amended long and cross sections.

- Inclusion of column details on the car park level plan.

- Rectification of previous drafting errors.

·      Revised landscape plans indicating increased deep soil planting along the rear section of the northern boundary.

·      A revised BASIX Certificate.

·      An exterior finishes sample board.

 

The amended documentation has been reviewed and is considered to be satisfactory for detailed assessment.

 

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 application was re-advertised and re-notified from 9 to 24 June 2010 following the receipt of amended drawings.

 

The following submissions were received at the conclusion of the public consultation processes:

 

·      4/82 Alison Road, Randwick

·      4/84 Alison Road, Randwick

·      Antonys Lawyers on behalf of the Owners’ Corporation of 82 Alison Road, Randwick

·      Property Manager of Ray White Bondi Junction & Clovelly / Coogee on behalf of the owner of 78 Alison Road , Randwick

·      Randwick Precinct Committee

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposed development has an excessive bulk and scale and will result in adverse visual impacts on the streetscape.

The proposal has a satisfactory bulk and scale and will be compatible with the Alison Road streetscape. Refer to the “SEPP 1” section of this report for details.

The proposal does not comply with the FSR and building height standards contained in the LEP. No SEPP 1 Objections have been submitted.

At Council’s request, the applicant has submitted SEPP 1 Objections relating to the variations to the FSR and external wall height standards. The amended application has been re-notified and re-advertised.

The submitted FSR calculations should be verified as the existing right of way between 80 and 82 Alison Road has been extinguished. The land within the adjoining property at 82 Alison Road should not be counted as part of the development site area.

The FSR calculations provided in this report are prepared by Council’s assessment officer. The site area is taken from the submitted Survey Plan and does not include any part of the adjoining property at 82 Alison Road.

The proposed front setback is not consistent with the adjoining properties at 82, 84 and 86 Alison Road.

The proposed front setback is considered to be adequate. Refer to the “DCP” section of this report.

The design scheme has not reserved sufficient side setbacks.

The proposed side setbacks are considered to be adequate. Refer to the “DCP” section of this report.

The proposed exterior colour scheme should be amended to improve compatibility with the existing residential buildings in the locality.

Noted. A specific condition is recommended to require the preparation of a revised exterior colour schedule for Council’s approval. The condition will require the use of neutral colours to ensure compatibility with the existing streetscape. 

Standard staircase should be used for providing access to the rooftop terrace from the rear unit at first floor level, in lieu of spiral stairs.

The proposed rooftop terraces and the spiral staircase in question are recommended to be deleted by condition. Refer to the “DCP” section of this report for details.

The southern wall of the existing outbuilding at the rear of the site currently performs a soil retention function. The demolition of this outbuilding necessitates the construction of new retaining walls. This requirement should be made as a condition of consent.

A standard condition is recommended to ensure adequate soil retention measures are implemented during works on the site.

 

A further condition is recommended to require the submission of details relating to the design of new retaining walls within the site.

The demolition of the rear outbuilding would impact on the health and stability of the existing tree at the rear of 82 Alison Road.

A standard condition is recommended to ensure adequate soil retention measures are implemented during works on the site.

The proposed development will reduce kerb-side parking in the surrounding areas.

The proposed development satisfies the car parking requirements stipulated in Council’s DCP. The development is not considered to generate unreasonable competition for kerb side parking spaces in the locality. Refer to the “DCP – Parking” section of this report for details.

The development will result in loss of established vegetation on the site.

There is no significant existing vegetation on the subject site.

The proposed landscaping would disturb existing underground utility services that connect with the adjoining properties.

A standard condition is recommended to ensure all construction works comply with the provisions of the Building Code of Australia. Subject to compliance with the above condition and the standard construction management conditions, the proposal is not considered to result in unreasonable impacts on the existing structures and services of the adjoining properties.

The design of the driveway should have regard to the traffic volume on Alison Road.

Council’s Development Engineer has assessed the proposed parking and access design and raised no objections on engineering or safety grounds, subject to standard alignment level condition.

 

The RTA has also reviewed the application and agreed to grant concurrence subject to its recommended conditions. The RTA conditions have been incorporated into the recommendations of this report.

The operation of the garage roller door would result in noise impacts on the adjoining residential properties.

The development contains 5 x 2-bedroom dwellings and will not generate a significant amount of vehicular traffic.

 

The operation of the garage roller door may generate discernible sound emission. However, the garage level is partially sunken below existing ground level and is located underneath cantilevered balcony structures. Landscape planting will also be provided along the side boundaries of the site.

 

It is considered that the above design features will minimise unreasonable noise impacts on the neighbouring dwellings.

 

The communal rooftop terrace should be converted for the exclusive use by the top floor dwelling unit only.

The proposed communal and private rooftop terraces are recommended to be deleted by condition, in order to protect the privacy and amenity of the neighbouring dwellings.

A 1800mm high solid, non-transparent privacy screen should be installed at the rooftop terrace. The screen should be setback sufficiently from the southern edge of the building to reduce shadow impacts.

The proposed communal and private rooftop terraces are recommended to be deleted by condition, in order to protect the privacy and amenity of the neighbouring dwellings.

The planter box along the southern edge of the rooftop terrace should be deleted.

The proposed rooftop terraces and associated planter boxes are recommended to be deleted by condition, in order to protect the privacy and amenity of the neighbouring dwellings.

The proposal will significantly overshadow the north-facing windows of the residential flat building at 82 Alison Road.

 

The shadow impacts could be reduced by decreasing the size of the rooftop terrace and stairwell and increasing their setbacks from the southern boundary.

The proposed rooftop terraces are recommended to be deleted.

 

The proposal is not considered to result in unreasonable shadow impacts on the adjoining property to the south at 82 Alison Road. Refer to the “DCP” section of this report for details.

The development will overshadow the southern façade of the residential flat building at 78 Alison Road.

The development will not overshadow the southern façade of the residential flat building at 78 Alison Road, which is located to the north of the subject site.

 

The southern façade of the aforementioned building does not enjoy adequate solar access by virtue of its own orientation.

The balconies and terrace on the southern side of the development will overlook the bedroom and living room windows of 82 Alison Road.

The rooftop terraces are recommended to be deleted by condition.

 

The proposed front and rear balconies are not considered to result in unreasonable privacy impacts on the neighbours. Refer to the “DCP” section of this report for details.

The proposed rooftop terraces would result in privacy and noise impacts on the adjoining properties. Increased setbacks should be provided.

The rooftop terraces are recommended to be deleted by condition.

There are discrepancies in the submitted documentation with regard to site area and frontage width data.

The application has included a Survey Plan prepared by a registered land surveyor. The site dimensions and land area data used in Council’s assessment are based on this Survey Plan. 

The Council should confirm whether the existing dwelling on the site is a listed heritage item.

The existing building on the subject site is not listed as a heritage item under Council’s LEP or the State Heritage Register.

The existing dwelling on the subject site carries architectural and heritage merits. The developer should undertake photographic recording and prepare detailed floor plans of the building for archival purposes.

The existing building on the subject site is not listed as a heritage item under Council’s LEP or the State Heritage Register. It is not warranted to require the preparation of architectural documentation or archival photographic recording of the building.

The development will result in loss of income from the rental property at 78 Alison Road as tenants would vacant during the construction phase.

This matter is not considered to be a valid objection on town planning grounds.

 

However, a standard condition relating to construction work hours is recommended to ensure the amenity of the adjoining and nearby properties will not be unreasonably compromised.

During works on the site, construction vehicles would reduce on-street parking spaces in the area.

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

The proposed construction and excavation works would result in structural damage to the adjoining properties.

Standard construction management conditions are recommended to ensure proper execution of works on the site.

 

A specific condition is recommended to require an engineer’s report to be submitted to the certifying authority detailing the proposed method of excavation. The report must demonstrate the suitability of the proposed construction method in overcoming any potential damage to the nearby premises.

 

A further condition is recommended to require the preparation of a dilapidation report to serve as a basis for monitoring any construction related damage to all adjoining properties.

The developer should obtain insurance or financial guarantee to cover any damage to the structures and utility service connections of the adjoining property at 82 Alison Road.

Any applicable builder’s insurance will be checked by the accredited certifier prior to the issue of any Construction Certificate.

 

Where construction vehicles are proposed to utilise the former right of way for access to the development site, a condition should be imposed to require the resurfacing of that part of the land belonging to 82 Alison Road at the full expense of the developer.

Detailed information relating to the execution of works and construction vehicle access is not required to be provided at the development application stage. Standard conditions are recommended to require a construction management plan to be prepared prior to the commencement of works.

 

Therefore, it cannot be ascertained at this stage whether access to the former right of way between 80 and 82 Alison Road is required for construction vehicles.

 

The granting of access to private land to facilitate construction works is a matter of private negotiation.

 

Therefore, it is not considered appropriate to impose special conditions relating to this matter.

 

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

Despite not being shown on any of the architectural plans, there are three Platanus x hybrida (London Plane Trees) growing within Council’s Alison Road footpath that may be affected to varying degrees by this application, comprising a 10 metre tall specimen just beyond the northern site boundary, in front of the units at 78 Alison Road, then to its south, just south of the existing pedestrian entry gate, a smaller tree of about 8-9 metres tall, then just beyond the southern site boundary, in front of the neighbouring units at 82 Alison Road, another 10 metre tall tree.

 

While heavy and repeated pruning away from the overhead service wires has affected their condition, based on older and larger examples in the Sydney CBD, this species is a hardy, and long-lived tree that can handle the many restrictions of a highly urbanised environment.

 

All three are covered by the provisions of Council’s Tree Preservation Order (TPO) due to their location on public property, and are part of one of the most established and recognisable avenue plantings throughout the whole City, which as a group, provide a significant contribution to the amenity and character of both the road and suburb.

 

The plans show the vehicle access and basement entry ramp being constructed towards the southern half of the site, and in accordance with RTA requirements due to this site being located on a state road, it will be shifted slightly north of its current location, as well as widened, which places it in direct conflict with the smaller, centrally located tree.

 

For line of sight and safety reasons, this central, smaller tree could not remain whilst proceeding with works as shown, with refusal of the application to allow its preservation not deemed reasonable in this case given that Council can recoup removal, replacement and loss of amenity costs, with retention of the other two larger trees to its north and south to ensure that any impact on the overall streetscape and avenue planting is minimised, with relevant conditions to this effect included in the report.

 

There is a row of small (3-4m tall) environmental weed species in the front yard, along the northern boundary, comprising Camphor Laurel, Ochna and Wild Olive, which all need to be removed, with no other vegetation observed within the rest of the site at all.

 

The mature Corymbia maculata (Spotted Gum), growing on higher ground beyond the southeast corner of this site, at 82 Alison Road, will remain unaffected given the presence of the common retaining wall, and the fact that its canopy is already well above the subject site, with only new screen planting to be provided in the narrow strip of deep soil along the length of the eastern boundary.

 

Drainage Comments

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

 

a) The kerb and gutter at the front of the property; OR

b) A suitably sized infiltration system.

 

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.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

Note:

 

·    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 have to be a minimum of 2.0 metres below the base of the tank.

 

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.

 

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.

 

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.

 

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. The sediment/silt arrester pit shall be constructed to Council’s requirements.

 

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

 

Traffic Comments

The average traffic generation for the proposed residential development consisting of 5 residential units will be in the range of 20 to 30 vehicle movements per day.

 

The expected peak flow volume of approximately 4 vehicles per hour is considered low and no delays should be experienced in Alison Road as a result of this development.

 

The subject development fronts a classified road, (Alison Road) and was referred to the RTA. The Assessment Planner advised the development engineer that the RTA’s conditions of consent will be included in the recommended conditions of approval. The RTA has requested that the vehicular crossing be a minimum of 5.5 metres wide for the first 6 metres inside the development site. This condition has been incorporated in the Development Engineering conditions.

 

Parking provision – The proposed development is for 5 x 2 bedroom units. The DCP-Parking calculated provision is 5 x 1.2 and 1.25 visitor spaces. The total calculated provision is therefore 7.25 spaces. The applicant proposes 8 spaces and is therefore compliant with the DCP-Parking requirements.

 

Carpark layout – Standard conditions relating to the design of the carpark have been included within this report.

 

Right of Carriageway Comments

The development site was the subject of previous submissions and prelodgement applications. These submissions made reference to a right of carriageway located along the southern site boundary. The right of carriageway was over 80 Alison Road in favour of 82 Alison Road. The applicant has provided a Title Search for the development site and the right of carriageway no longer burdens the development site.

 

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 $1 million the applicant will be required to meet all costs associated with aerial bundling of the overhead wires in the vicinity of the development site.

 

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 older style residential flat buildings.

 

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. 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.

 

7.3    Roads and Traffic Authority (RTA)

The subject application has been referred to the RTA for concurrence pursuant to Section 138 of the Roads Act 1993. The RTA has reviewed the application and raised no objections to the proposed vehicular crossing on Alison Road subject to conditions. The required conditions have been incorporated in the “Recommendation” section of this report.

 

7.4    Design Review Panel

The comments provided by the Design Review Panel are extracted under the “SEPP 65” section of this report.

 

8.      Master Planning Requirements

 

The site has a land area of only 547.4m2 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 above 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 Randwick Local Environmental Plan 1998 that was in force immediately before the commencement of the new plan. The subject application was lodged on 8 January 2010 and is therefore subject to the savings provision. Furthermore, when determining an application to which Clause 7 applies, the consent authority must have regard to the provisions of the new plan as if it had been exhibited under the Act but had not been made.

 

The subject site is located within Zone No. 2C (Residential C Zone) under RLEP 1998. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential C 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

31 Landscaped area

(2) Minimum 50% of site area (273.7m2)

50.9% or 278.7m2

Complies

(3) Landscaped areas over podiums or basements not to exceed 50% of required provision

39.6% (being less than 50%) of the landscaped areas or 110.2m2 are provided over the basement car park

Complies

32 FSR

(2) Maximum 0.65:1 for site less than 700m2 in area

0.88:1 or 483.7m2 GFA

Does not comply, SEPP 1 Objection submitted

33 Building heights

(2) Maximum building height 12m

11.6m (to topmost point of skylight)

Complies

(4) Maximum external wall height 10m

10.8m

Does not comply, SEPP 1 Objection submitted

40 Excavation and backfilling

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 excavation of up to approximately 3m in depth to accommodate a semi-basement car park. 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 construction management and engineering conditions.

Complies, subject to conditions

 

Clause 46 Development in the vicinity of heritage items, heritage conservation areas and known or potential archaeological sites

The Racecourse Precinct Conservation Area listed under the LEP is located on the opposite side of Alison Road. The proposed development is consistent with the existing residential character of the locality and is well separated from the Racecourse Precinct by a 20-metre wide main road. Accordingly, the proposal is not considered to result in any material impact on the significance of the conservation area.

 

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

The subject proposal is consistent with the general aims and zoning objectives of Randwick Local Environmental Plan 1998 (Consolidation).

 

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

SEPP 65 applies to the proposed development. The application was referred to the Design Review Panel for assessment in February 2010. The Design Principles stipulated in the SEPP and the comments provided by the Panel are addressed as follows:

 

Principle 1: Context

On 2 March 2009 the Panel wrote:

 

The proposal is for a modest infill apartment building. The addition could fit in well with the existing apartment buildings along the sweep of Alison Road and be highly appropriate in the context.

 

On the opposite side of Alison Road is the large open green expanse of the Randwick Racecourse.

 

The site is also well served by public transport, and is within a convenient walk to both Randwick shopping centre and UNSW.

 

Comments:

The subject locality contains a number of residential flat buildings with a height of 3 storeys or above. Retail and commercial premises at the Randwick Commercial Centre are located within 1 kilometre from the site and can be conveniently accessed by public bus services along Alison Road. The proposed housing density is suited to this highly accessible location.

 

Principle 2: Scale

The proposed two and three storey building is in scale with its context and with the buildings on adjacent sites.

 

Comments:

The adjoining properties are presently occupied by 3-storey residential flat buildings constructed in the inter-war period. The proposal will create a part four- and part two-storey development where the lowest level is contained in the semi-basement. The height and scale of the development are considered to be compatible with other multi-unit residential buildings in the area.

 

Principle 3: Built form

Following previous discussions about alternative built forms, the Panel is now of the view that the basic form proposed would be satisfactory, subject to the following relatively minor adjustments.

 

·    Slightly lowering the rear two-storey section of the building and eliminating the parapet at the south edge of the proposed roof terraces to reduce the overshadowing of the building to the south.  Privacy from the terrace could be protected by restricting access to its edge with a planter inset from the edge. Lowering the floor level of the rear portion would also eliminate the steps within the rear apartments (suitable adjustments would need to be made to the terracing of the rear garden)

 

·    Amending the design of the proposed stair access to the terrace from Unit 4.  This is not shown on the plan of this unit, but clearly if built as shown elsewhere it would severely compromise the living room.

 

·    Relocating the storage areas in the parking level, possibly to under the balcony to unit 1, to permit the provision of some deep soil planting along the southern boundary of the site.

 

·    Reversing the direction of the stair from the parking floor, so it exits to the outside in an undercover area. This would allow the basement to be reduced in area.

 

·    Introducing some daylight and air to the basement, at the front, rear and associated with the stair if possible.

 

·    Reconsider the location of the cupboards to either side of the bedroom 1 doors, as the present arrangement is uncomfortably tight.

 

·    Consider reducing the width of bedroom 1 in each unit to increase the width of the living rooms.

 

It would be prudent for the structural design of this building to be carried out and necessary adjustments made to drawings before they are resubmitted.

 

Inconsistencies between various drawings must be eliminated; i.e., lobby roof height and window positions and sizes vary between sections and elevations.

 

Comments:

·      The revised development scheme has reduced the floor levels of the rear section of the building by approximately 350mm. However, as will be discussed in the following section, the proposed rooftop terraces are recommended to be deleted by a deferred commencement condition, in order to minimise privacy and noise impacts on the neighbouring dwellings.

 

·      The amended design has relocated the basement storage units and staircase with deep soil planting being provided along the northern common boundary. The direction of the stairs has been reversed so that they exit to the enclosed entry lobby of the building.

 

·      The revised design has included an exhaust grille and a semi-open roller door for the car park. The above features will assist in natural ventilation and lighting of the semi-basement car park level.

 

·      The layout of the front apartments has been adjusted so that the dimensions of the living rooms and master bedrooms allow improved occupant comfort and functionality.

 

·      The applicant has submitted a letter from SPAD Consulting Structural and Civil Engineers, dated 14 May 2010, which indicates that the proposed column and wall layout is feasible for construction.

 

Principle 4: Density

It is noted that the proposed density is slightly in excess of that in the DCP, however provided that overshadowing of habitable rooms in the building to the south is largely avoided, the Panel considers that the proposed FSR is reasonable in this highly varied context.

 


Comments:

The shadow impacts of the development are addressed under the “DCP” section of this report.

 

The locality is suitable for medium density residential development given its proximity to public transport service and key activity nodes within the Randwick Commercial Centre. The proposed housing density is considered to be satisfactory.

 

Principle 5: Resource, energy and water efficiency

If suitably detailed, the proposed building should perform well.  Good cross ventilation is provided and generally good solar protection is provided.

 

It is suggested that the following should be included:

 

·    Windows to bathrooms along the south wall

·    A roof to replace the proposed pergola to the bedroom balcony of unit 5

·    Windows to the kitchens in units 2 & 4 be moved / added to the northern wall.

·    Windows be designed and specified to permit secure partial opening.

·    Windows to the lobby should be operable and external sun louvres considered.

 

Consideration should also be given to ways of providing natural ventilation to the car park level.

 

Comments:

·      The amended proposal has introduced a south-facing window for each of the bathrooms.

·      A solid roof has been provided over the top floor balcony attached to the master bedroom.

·      The revised design has added a north-facing window to the kitchen areas of the rear apartments.

·      A special condition is recommended to ensure the stair lobby windows are operable and allow natural ventilation.

 

Principle 6: Landscape

The extent and location of landscaping proposed is satisfactory, however a professionally prepared landscape plan must be submitted.

 

Comments:

A detailed landscape plan prepared by a qualified landscape architect has been submitted. The proposed landscape planting is considered to enhance privacy between buildings and visually soften the structures on the site.

 

Principle 7: Amenity

The proposal has the potential to provide a high level of amenity for its occupants.

 

It is noted that sliding screens are proposed that would serve to protect the privacy of the living rooms facing Alison Road.  Consideration also needs to be given to the privacy of the adjacent bedrooms.

 

Privacy between the lobby window and bedroom windows should be maintained.

 


Comments:

·      The revised design scheme proposes solid masonry balustrades for the ground floor front balconies. The above solution will minimise privacy impacts on the ground floor apartment which is situated closest to the footpath level.

 

·      A special condition is recommended to require the balustrades of the bedroom balconies to be constructed with obscured glazing to improve the living amenity and privacy.

 

·      A further condition is recommended to require the southern stairwell windows, which are located adjacent to the windows of Bedroom 2 of the front apartments, to be constructed with obscured glazing.

 

Principle 8: Safety and security

Satisfactory.

 

The method for protecting windows that are less than 3m from the boundary should be described on the drawings.  This includes clerestorey windows.

 

The Panel recommends that BCA advice and structural input be sought before resubmitting the drawings.

 

Comments:

A standard condition is recommended to require the proposed building work to be compliant with the provisions of the Building Code of Australia, including the fire protection controls contained therein.

 

Principle 9: Social dimensions

The proposal is a suitable addition to this highly accessible neighbourhood.

 

Comments:

The proposal includes 5 x 2-bedrom units. Given the small number of dwellings proposed, the unit mix is considered to be acceptable.

 

Principle 10: Aesthetics

If sensitively detailed the proposed building could be very pleasing. The elevations have improved since the previous Panel presentation.

 

Further detail needs to be supplied regarding the windows and materials selection.

 

Full wall sections at a large scale should be submitted.

 

Top of wall RLs should be indicated on all boundary fences.

 

Comments:

A materials and finishes sample board has been submitted for assessment. Additional reference level and architectural details have also been incorporated in the revised drawings.

 

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

SEPP: BASIX applies to the proposed development. The development application is accompanied with a BASIX Certificate. The commitments listed in the above certificate will be imposed by an appropriate standard condition pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 


10.    Policy Controls

 

10.1  Randwick Development Control Plan (RDCP) Multi Unit Housing

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

A site analysis plan has been submitted with the 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 site has a frontage width and land area of 15.24m and 547.4m2 respectively. The dimensions and size of the site are similar to the adjoining allotments and are considered to be adequate for medium density residential development.

P3 Development on corner sites responds to both street frontages.

 

Not applicable.

Height

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

 

A SEPP 1 Objection has been submitted for non-compliance with the external wall height standard. 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 bulk of the building is suitably distributed over an architectural form that incorporates appropriate 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 balconies:

5m to 6.5m

Front walls:

6.4m to 8.2m

Refer to comments below.

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 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

Northern setback:

Basement: 0.3m to 1.8m

G/F – 2/F: 1.2m to 5.2m

Maximum wall length: 10.8m

Southern setback:

Basement: 0m

G/F – 2/F: 1.9m to 4.3m

Maximum wall length: 11.8m

Refer to comments below.

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 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

Maximum length of wall without articulation 10 metres.

5.6m to 8m

Maximum wall length: 4.4m

Refer to comments below.

 

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.

The projecting window hoods will not result in adverse amenity impacts on the neighbours.

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.

 

Not applicable.

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.

The proposal has included adequate landscaped areas along the side and rear setback areas.

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

 

Satisfactory.

P3  Private Open Space

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

 

The proposal has included private balconies that are directly accessible from the living areas of the dwelling units.

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

 

The front balconies are appropriately setback from the street boundary and allow passive recreational activities.

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.

Front apartments:

Living room balcony:

3.9m x 1.7m

Bedroom balcony:

4.2m x 1.4m

Rear apartments:

Living room balcony:

4.1m x 2.2m

 

It is considered that the dimensions of the proposed balconies are capable of accommodating passive recreational activities by the occupants.

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.

Refer to comments below.

P2 Private open space design and location ensure privacy.

 

P3  Acoustic Privacy

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

 

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

A standard condition is recommended to ensure compliance with the BCA.

View Sharing

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

 

Refer to comments below.

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

 

P3 Buildings are aligned to maximise view corridors between buildings.

 

Adequate side setbacks have been provided in the development.

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

 

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

 

The proposal will not overshadow any future roof mounted solar collectors on 82 Alison Road for more than 3 hours on 22 June.

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

 

Refer to comments below.

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.

 

Refer to comments below.

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

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

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

Refer to BASIX.

P5 Buildings have roofs with pitch suitable for solar collectors.

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

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

Safety and Security

P1 Design allows surveillance.

 

Satisfactory.

P2 Approaches and entries are visible.

 

The main pedestrian entry is located on the side elevation of the building. However, a clearly identifiable access pathway and entry is provided. Satisfactory.

P3 High walls and structures avoided.

 

Satisfactory.

P4 Resident car parking has security grilles or doors.

 

Satisfactory.

P5 Visitor parking spaces clearly identifiable.

 

To be required by condition.

P6 Adequate lighting for personal safety and security provided.

 

Satisfactory.

P7 Adequate lighting is provided in common areas.

 

Satisfactory. 

P8 External lighting does create a nuisance.

 

To be required by condition.

Parking