Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 19 October 2010

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council

19 October 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 19 October 2010 at 6:00pm.

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 21 September 2010

Extraordinary Council Meeting - 28 September 2010

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

Address of Council by Members of the Public

Mayoral Minutes

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

Urgent Business

Director City Planning Reports

CP82/10    4 Nolan Avenue, Clovelly

CP83/10    7R Marine Parade, Maroubra

CP84/10    1-3 Moore Street, Coogee

CP85/10    Part 3A Major Project Application for the Montefiore Aged-care Home at 100-120 King Street and 30-36 Dangar Street, Randwick

CP86/10    Reporting variation to Development Standard under State Environment Planning Policy No. 1 (SEPP1) for the month of September, 2010

General Manager's Reports

GM47/10    Motor vehicles and other benefits for contracted staff

GM48/10    Randwick City Council 2009-10 Annual Report

Director City Services Reports

CS24/10    Outdoor Seniors Exercise Area

CS25/10    9 Judge Street , Randwick - Encroachment of Structures on Public Road Reserve

Director Governance & Financial Services Reports

GF51/10    2009-10 Disclosure of Interest Returns

GF52/10    Withdrawal of Caveat and Affixing of the Council Seal

GF53/10    Investment Report - September 2010

GF54/10    Matraville Town Centre Action Plan - Short Term Projects Undertaken by Economic Development Officer  

 

Petitions

Motion Pursuant to Notice

NM46/10    Motion Pursuant to Notice from Councillor Belleli - Report on trials for countdown timers at traffic lights

NM47/10    Motion Pursuant to Notice from Councillor Andrews - Rezoning Malabar Headland

NM48/10    Motion Pursuant to Notice from Councillor Bowen - Monument for the former Mayor McDougall  

Closed Session

CS26/10    T19/10 Bunnerong Road Upgrade - Military Road to Anzac Parade, La Perouse

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

 

GF55/10    La Perouse Aboriginal Land Council - Waiving of Interest

This matter is considered to be confidential under Section 10A(2) (b) Of the Local Government Act, as it deals with discussion in relation to the personal hardship of a resident or ratepayer.

  

Notice of Rescission Motions

Nil 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council

19 October 2010

 

 

 

Director City Planning Report No. CP82/10

 

 

Subject:                  4 Nolan Avenue, Clovelly

Folder No:                   DA/411/2010

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Demolition of existing structures on site and construction of a two-storey dwelling house with single garage and associated landscape works

Ward:                      North Ward

Applicant:                John House Architects Pty. Ltd.

Owner:                         S E Heber & T J Robinson

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject application is referred to the Ordinary Council Meeting for determination at the request of Councillors Woodsmith, Tracey and Smith.

 

The subject application was notified from 4 to 21 June 2010 in accordance with DCP – Public Notification of Development Proposals and Council Plans. The application was re-notified from 9 to 23 September 2010 to the immediate adjoining neighbours following the receipt of amended plans. A total of eight (8) submissions were received at the conclusion of the public consultation processes. The issues raised are primarily related to streetscape, heritage, bulk and scale, height, floor space, setbacks, parking, overshadowing, privacy, visual amenity, property devaluation and planning precedent.

 

The site is adjoined to the west by a single-storey sandstone cottage (No. 2 Nolan Avenue), which is listed as a heritage item under RLEP 1998 (Consolidation). There is also a row of three heritage listed attached cottages on the opposite side of Nolan Avenue.

 

The northern side of Nolan Avenue is predominantly characterised by single-storey cottages with traditional pitched or hipped roofing. The double-storey height and rectilinear architectural form of the proposed dwelling would potentially create a prominent feature in the streetscape and detract from the local character.

 

Notwithstanding, the subject locality is not listed as a conservation area and the proposed floor space and height are consistent with the development potential envisaged in the Dwelling Houses and Attached Dual Occupancies DCP. The design scheme has incorporated progressive increase in front setback towards the western boundary to open up views to the sandstone side walls and hipped roof of the heritage cottage at No. 2 Nolan Avenue.

 

Bedrooms 2 and 3 at the first floor level are partially cantilevered over the ground floor footprints to provide weather protection and articulations to the street façade. The revised design has increased the front setback to the street walls of the upper storey so that the degree of projection is reduced. However, it is considered that an additional front setback to the glazed wall of Bedroom 2 by 500mm (which equates to approximately 4m from the street boundary) will further reduce the visual bulk of the upper floor level, and contribute to a more sympathetic streetscape solution in the light of the traditional built form in the locality. Therefore, a special condition is recommended to the above effect.

 

The Dwelling Houses and Attached Dual Occupancies DCP stipulates detailed built form and amenity controls which are relevant to the subject proposal.

 

The proposed built form has incorporated staggered wall planes, window openings, screening devices and a combination of surface finishes, which will appropriately articulate the external facades and create visual interest. The design scheme features a flat roof, which will minimise the overall building height. The above design measures will minimise the visual scale and bulk of the structures, despite minor deviation from the FSR preferred solution. The side and rear setbacks are considered to be satisfactory and will not result in unreasonable amenity impacts on the neighbours.

 

The development is considered to satisfy the relevant objectives and performance requirements of the DCP, and will not result in detrimental privacy, overshadowing and visual impacts on the neighbouring properties. The resultant built form is considered to be compatible with the streetscape, subject to the recommended conditions.

 

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

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 9 in DP 1827, No. 4 Nolan Avenue, Clovelly. The site is located on the northern side of Nolan Avenue between Fern Street and Seaview Street. The site slopes from the front to the rear with a fall of approximately 2m. The dimensions and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern, rear boundary

9.145m

328.8m2

Southern, Nolan Avenue boundary

9.145m

 

Eastern, side boundary

36.575m

 

Western, side boundary

36.575m

 

 

At present, the site is occupied by a single storey detached dwelling of weather board and corrugated iron construction. No vehicular access or car parking is provided.

 

To the west of the site (No. 2 Nolan Avenue) is a single storey cottage, which is listed as a heritage item under Randwick Local Environmental Plan 1998 (Consolidation) (Inventory No. 348 – sandstone Georgian cottage, c 1870). To the east of the site (No. 6 Nolan Avenue) is a single storey semi detached dwelling. The rear of the site adjoins the courtyard of a dwelling house fronting Douglas Street (No. 18 Douglas Street). On the southern side of Nolan Avenue directly opposite to the site is a row of three single storey attached buildings (Nos. 3, 5 and 7 Nolan Avenue), which are also listed as heritage items under the LEP (Inventory No. 349 – three attached Federation style cottages, c 1900).

 

The locality is predominantly characterised by lower density detached and semi-detached residential developments.

 

Figure 1 Front elevation of the existing cottage on the subject site (middle)

Figure 2 Adjoining heritage listed cottage to the west at No. 2 Nolan Avenue

Figure 3 Western setback areas of the subject site looking south; the property boundary is approximately half way between the buildings

Figure 4 Heritage listed buildings at Nos. 3-7 Nolan Avenue opposite to the subject site

 

3.      The Proposal

 

The development proposal includes the following components:

 

·           Demolition of the existing structures on site.

 

·           Construction of a two-storey split-level dwelling house with the following floor space elements:

Ground floor: single garage, living and dining rooms, study, kitchen, amenities

First floor: 3 x bedrooms, ensuite, amenities

 

·           General landscape works.

 

4.      Site History

 

4.1    Previous development application relating to the site

There are no recent development approvals relating to the subject site.

 

4.2    Plan amendments

A request was made on 13 July 2010 for the submission of amended plans to address issues including built form, bulk and scale, heritage conservation, privacy and overshadowing. A meeting was held on 11 August 2010 between the assessment officer and applicant to discuss the aforementioned issues.

 

The applicant submitted amended plans on 2 September 2010, which contain the following changes:

 

·           The front setback to the garage is increased by 400mm.

·           The front setback to the ground floor living room is reduced by 500mm from 2.83m to 2.33m.

·           The front setback to Bedroom 3 at the first floor level is increased by 500mm.

·           The front setback to Bedroom 2 at the first floor level is increased by 900mm with a planter box being provided on the roof over the living areas below.

·           Reconfiguration of the rear balcony at the first floor level.

·           Deletion of the elevated roof canopy attached to the rear elevation of the building and replacement with an awning above the ground level.

·           Deletion of the fixed barbeque facility.

·           Submission of an exterior colour and material sample board, a cost summary report prepared by a quantity surveyor and revised shadow diagrams.

 

The revised drawings and documents form the subject of this assessment.

 

5.      Community Consultation

 

The subject application was notified from 4 to 21 June 2010 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The application was re-notified from 9 to 23 September 2010 to the immediate adjoining neighbours following the receipt of amended plans.

 

The following submissions were received at the conclusion of the public consultation processes:

 

·      18 Douglas Street, Clovelly

·      49 Fern Street, Clovelly

·      51 Fern Street, Clovelly

·      2 Nolan Avenue, Clovelly

·      6 Nolan Avenue, Clovelly

·      14 Nolan Avenue, Clovelly

·      26 Birmingham Street, Alexandria

·      Suite 508, Bld 61, Fox Studios

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The design scheme features a modern, ‘box-like’ building of two storeys in height. The proposal is not compatible with the character and scale of the adjoining and nearby dwellings on the street. In particular, the development will visually overwhelm the heritage listed cottage located immediately to the west of the site.

The built form, height and scale of the proposed dwelling are satisfactory and will not result in detrimental impacts on the significance of the adjoining and nearby heritage items and the wider streetscape, subject to the recommended conditions. Refer to discussions under the “DCP” section of this report for details.

The proposal does not comply with the heritage provisions stipulated in the LEP.

The proposal is considered to satisfy the heritage requirements of the LEP, subject to the recommended conditions. Refer to the “LEP” section of this report for details.

The proposal has an excessive bulk and scale and does not comply with Council’s floor space ratio control.

The building height, floor space, bulk and scale of the proposal are considered to be satisfactory. Refer to the “DCP” section of this report for details.

The proposal has not provided sufficient front setback and will result in detrimental impacts on the heritage streetscape.

The proposed front setback is considered to be satisfactory, subject to condition. Refer to the “LEP” and “DCP” sections of this report for details.

The proposal has not provided sufficient rear setback and does not respect the existing rear wall alignments of the adjoining properties.

The proposed rear setback complies with the preferred solution of the Dwelling Houses and Attached Dual Occupancies DCP and is considered to be satisfactory. Refer to the “DCP” section of this report for details.

The proposal has not provided sufficient western side setback. A 1.5m setback should be reserved for the western bedroom at the first floor level.

The proposed side setbacks are considered to be satisfactory. Refer to the “DCP” section of this report for details.

The proposed garage is not compatible with the existing streetscape and does not comply with Council’s planning control. The new driveway will reduce kerb-side parking in the locality.

The proposed parking and access design complies with the objectives and performance requirements of the DCP. The provision of a single driveway is not considered to significantly reduce on-street parking in the area. Refer to the “DCP” section of this report for details.

Clarification is sought as to whether reciprocal rights of access along the western side setback of the proposed building can be granted as part of any consent for the development proposal.

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

The proposed double-storey building height will obstruct breezes and ventilation.

The proposed development does not have an excessive height and has reserved adequate side setbacks. The proposal is not considered to result in significant impact on natural ventilation of the adjoining dwellings.

The proposed double-storey building height will cause unreasonable shadow impacts on the adjoining dwellings.

The proposal satisfies the DCP performance requirements relating to retention of solar access to the adjoining properties.

The elevated canopy roof at the rear elevation of the building will cause excessive overshadowing of the adjoining dwellings.

 

The elevated canopy roof at the rear elevation of the building will cause unreasonable visual impacts on the adjoining dwellings.

The original design included a roof canopy attached to the rear elevation of the building which was elevated approximately 7m above the ground level. The amended scheme has already deleted this element at Council’s request. The current design only includes an awning structure positioned above the ground floor outdoor courtyard.

The large windows on the rear elevation of the building will result in privacy impacts on the neighbours.

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

The development scheme includes a large rear-facing balcony at the first floor level, which will overlook the private open space and living areas of the adjoining dwellings. The above balcony will also result in unreasonable noise impacts on the neighbours.

The revised design has reconfigured the first floor rear balcony and included solid screen walls on its side elevations to minimise overlooking. The roof over the ground floor kitchen will accommodate a garden bed and will not be trafficable. Therefore, the amended proposal is not considered to result in detrimental privacy or noise impacts on the neighbouring properties. Refer to the “DCP” section of this report for details.

The proposed roof garden as shown on the amended drawings must not be turned into a trafficable or recreation area.

A special condition is recommended to ensure the roof garden above the ground floor kitchen is not trafficable.

The proposed roof parapet will enable future occupants to overlook the adjoining properties.

The proposal does not include any rooftop terraces. The roof parapet is an architectural feature and will not result in adverse privacy impacts.

The outdoor dining area adjacent to the ground floor living room will create significant noise that impacts on the neighbouring residents.

The proposal includes a paved outdoor courtyard adjacent to the ground floor living and dining room. The provision of a paved outdoor recreation area to the rear of the dwelling is a common element in residential developments and is not considered to result in unreasonable noise impacts on the neighbours.

The proposed barbeque will be situated at the eastern boundary and will result in odour impact on No. 6 Nolan Avenue.

The proposed barbeque has been deleted from the revised design.

The proposal should incorporate suitable stormwater management measures to control overland flow.

Specific conditions have been recommended to ensure suitable stormwater management measures are incorporated in the development.

The development will reduce values of the surrounding residential properties.

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

The nominated development cost figure has been under-estimated.

The applicant has submitted a revised cost summary report prepared by a registered quantity surveyor. The Section 94A Contributions are based on this revised cost estimate. 

The proposed development, if approved, will create an undesirable precedent for similar proposals in the future.

Each development application is considered having regard to its merits and compliance with the provisions of relevant planning controls. The approval of the subject application will not create any undesirable planning precedent.

 

6.      Technical Officers Comments

 

6.1    Development Engineer and Landscape Development Officer

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

 

Landscape Comments

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

 

Drainage Comments

Stormwater runoff shall be piped to a sediment/silt arrestor pit that drains to a 5 m2 base infiltration area/rubble pit. An over flow pipe shall be provided from the silt arrestor pit that drains to Council’s kerb and gutter (or underground drainage system).

 

The requirement for an infiltration/rubble pit will not be enforced should the ground conditions preclude the construction of the infiltration pit (i.e. rock and/or the water table is near the surface). If the infiltration area is not constructed (due to demonstrated unsuitable ground conditions), all site stormwater shall be discharged to the kerb and gutter via a sediment/silt arrestor pit.

 

6.2    Heritage Planner

The comments provided by Council’s Heritage Planner are extracted under the “LEP” section of this report.

 

7.      Master Planning Requirements

 

The site has a land area of only 328.8m2 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) and the proposed development is permissible with consent. The proposal satisfies the general aims of the LEP and the specific objectives of the 2A Zone in that the development will maintain the existing detached housing form and the lower density residential character of the locality.

 

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

 

Clause 40 Earthworks

Clause 40 requires Council to consider the likely impact of the proposed development on the existing drainage patterns and soil stability in the locality, and the effects of the works on the likely future use or redevelopment of the land.

 

The proposal involves excavation of up to approximately 1m and backfilling of approximately 0.1m in order to create a levelled platform for accommodating the ground floor level. Notwithstanding, the development does not require the construction of retaining walls that are prominently visible from the public domain. The proposal has adopted a split-level design that follows the natural topography of the site and minimises excavation and backfilling.

 

Specific engineering conditions are recommended to ensure adequate stormwater management facilities are implemented in the development. Additionally, standard construction management conditions are recommended to require appropriate soil retention measures to be undertaken during works on the site. Subject to the above conditions, the development is not considered to result in detrimental impacts on drainage and soil stability in the area.

 

Clause 43 Heritage conservation

The subject site is adjoined to the west by a single storey cottage, which is listed as a heritage item under the LEP (No. 2 Nolan Avenue, Inventory No. 348 – sandstone Georgian cottage, c 1870).

 

On the southern side of Nolan Avenue directly opposite to the site is a row of three single storey attached buildings (Nos. 3, 5 and 7 Nolan Avenue), which are also listed as heritage items under the LEP (Inventory No. 349 – three attached Federation style cottages, c 1900).

 

The comments provided by Council’s Heritage Planner are extracted below:

 

The Site

The site is occupied by a symmetrical single storey detached cottage with weatherboard wall cladding and corrugated iron roofing.  Surrounding dwellings are predominantly single storey.  To the west of the site at no.2 Nolan Street is a sandstone Georgian cottage listed as a heritage item under Randwick LEP 1998 (Consolidation).  On the opposite side of the street at nos.3 – 7 Nolan Street is a group of three attached Federation cottages also listed as a heritage item.  The Randwick Heritage Study Inventory Sheet for no.2 Nolan Street notes that it was apparently built by the quarry owner with sandstone from the quarry immediately to the north of the site, providing a link with the quarrying community of the Rainham Hill Estate. 

 

Background

An informal pre-lodgement site meeting was held at which the heritage items and single storey development in the vicinity were noted. 

 

Concerns were raised in relation to the original development application in relation to the form and design of the proposed building.  A meeting was held to discuss these issues and amended drawings have been received. 

 

The Proposal

The application proposes to demolish the existing cottage and to construct a new two storey dwelling.  At ground level it is proposed to provide a study, a front living area and a rear open plan living, dining (indoor) and kitchen area and an outdoor dining area.  At first floor level it is proposed to provide three bedrooms, two bathrooms, a wc, robe, store and large rear balcony.  As compared to the original proposal, the amended drawings have increased the front setback of the upper floor level of the building. 

 

Controls

The Matters for Consideration in Section 79C of the EP and A Act require Council to consider the likely impact of a development on the natural and built environment in the locality.  Clause 43(5) of Randwick LEP 1998 (Consolidation) allows Council to require the preparation of a heritage impact statement for any development on land within the vicinity of a heritage item or a heritage conservation area. 

 

Comments

The two storey scale of the new dwelling will make it a prominent element within the single storey streetscape.  The front building line of the upper floor however is set back behind the line of the ground level somewhat reducing its apparent scale.  The strong horizontal line of the planter above the entry and living area will assist in relating the new dwelling to the single storey verandah elements of adjacent cottages.  The articulation of the front elevation in plan and section will reduce the apparent bulk of the building and assist in relating it to the small scale façade elements of surrounding traditional cottages. 

 

Comments:

The northern side of Nolan Avenue is predominantly characterised by single-storey cottages with traditional pitched or hipped roofing. The double-storey height and rectilinear architectural form of the proposed dwelling would potentially create a prominent feature in the streetscape and detract from the local character.

 

Notwithstanding, the subject locality is not listed as a heritage conservation area. The proposed floor space and building height are consistent with the development potential envisaged in the Dwelling Houses and Attached Dual Occupancies DCP.

 

The front setback to the ground storey ranges from 2.33m (living room) to 5.46m (garage). The front setback to the first storey is 3.23m (Bedroom 2) to 4.56m (Bedroom 3). The progressive increase in front setback towards the western boundary opens up views to the sandstone side walls and hipped roof of the heritage cottage at No. 2 Nolan Avenue from the public domain.

 

The horizontal emphasis of the upper floor structural frame and planter box will appropriately relate to the verandah element of the adjoining heritage cottage at No. 2 Nolan Avenue.

 

It is noted that Bedrooms 2 and 3 at the upper level are partially cantilevered over the ground floor footprints to provide weather protection and articulations to the street façade. The revised design has already increased the front setback to the first storey to minimise the degree of projection. Specifically, Bedroom 2 has been recessed inwards with a planter box being provided on the roof above the ground floor living room.

 

A discussion has been held between Council’s assessment officer and heritage planner. It is considered that an additional front setback to the glazed wall of Bedroom 2 of 500mm (which equates to approximately 4m from the street boundary) will further reduce the visual bulk of the upper floor level, and contribute to a more sympathetic streetscape outcome in the light of the predominance of traditional built form in the locality. Accordingly, a special condition is recommended to the above effect. 

 

The external walls of the dwelling will be finished with neutral grey and off white colours and are considered to be compatible with the existing streetscape character. A specific condition is recommended to ensure that the fibre cement claddings are not finished in reflective paints.

 

Council’s heritage planner has raised no objections to the development on conservation grounds.

 

Therefore, the proposal is considered to satisfy the provisions of Clause 43, subject to conditions.

 

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

SEPP: BASIX applies to the proposed development. The development application is accompanied by a BASIX Certificate. The commitments listed in the 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 131.5m2) is provided as landscaped area.

52.6% (172.8m2), complies.

S1

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

Over 25m2, 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.

9m x 10m, flat gradient. Complies.

S1

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

Not applicable.

S6

20% of the total site area (or 65.8m2) has permeable treatment.

37.2% or 122.3m2, complies.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this size is a maximum floor space ratio of 0.6:1 (or 197.3m2 gross floor area). 

0.67:1 (220.8m2), 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 will exceed the FSR preferred solution by 0.07:1, which equates to 23.5m2. Notwithstanding, the proposal is considered to be satisfactory, subject to condition, for the following reasons:

 

·           The proposed building adopts a split-level design and has been stepped to follow the natural fall of the land.

 

·           The proposed built form has incorporated staggered wall planes, window openings, screening devices and a combination of surface finishes, which will appropriately articulate the external facades and create visual interest. The design scheme features a flat roof, which will minimise the overall building height. The above design measures will minimise the visual scale and bulk of the structures, despite the deviation from the FSR preferred solution.

 

·           It is noted that Bedrooms 2 and 3 at the upper level are partially cantilevered over the ground floor footprints to provide weather protection and articulations to the street façade. The amended design has already increased the front setback to the first storey to minimise the degree of projection. Specifically, Bedroom 2 has been recessed inwards with a planter box being provided on the roof above the ground floor living room.

 

A discussion has been held between Council’s assessment officer and heritage planner. It is considered that an additional front setback to the glazed wall of Bedroom 2 of 500mm will further reduce the visual bulk of the upper floor level, and contribute to a more sympathetic streetscape outcome in the light of the predominance of traditional built form in the locality. Accordingly, a special condition has been recommended to the above effect. 

 

·           The proposal has reserved adequate landscaped open space that exceeds the DCP preferred solution.

 

·      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 and privacy.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceeding 7m

7.2m

The proposal substantially meets the external wall height preferred solution. The 200mm deviation from the preferred solution is minor in nature and will not result in detrimental impacts on the streetscape or the amenity of the adjoining properties. Satisfactory.

S1

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

Not applicable.

S3

Cut or fill does not exceed 1m.

Complies.

S3

No excavation within 900mm of a side boundary.

The proposal will involve excavation at 500mm from the boundary.

 

Notwithstanding, the development does not require the construction of retaining walls that are prominently visible from the public domain.

 

Specific construction management conditions are recommended to require appropriate soil retention measures to be undertaken during works on the site. Subject to the above conditions, the development is not considered to result in detrimental impacts on drainage and soil stability in the area.

S3

No excavation within 4m of a rear boundary.

Complies.

S4

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

Not applicable.

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.

Ground floor

2.33m (living room) to 5.46m (garage)

First floor

3.23m (Bedroom 2) to 4.56m (Bedroom 3)

Refer to comments below.

S2

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

10.7m, complies.

S3

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

Eastern boundary

900mm

Western boundary

500mm

Refer to comments below.

S3

Side setbacks be 1.5m at second floor level.

Eastern boundary

900mm to 4000mm

Western boundary

500mm to 1500

Refer to comments below.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

Front setback

The Objective of the front setback control aims to integrate new developments with the established streetscape pattern and to ensure retention of established vegetation.

 

The proposal has varying front setbacks from the street boundary with a minimum distance of 2.33m, which does not meet the 6m preferred solution.

 

The adjoining cottages on either side of the site have narrow setbacks from the street boundary. The setbacks to the front walls of the proposed building are commensurate with those of the adjoining properties.

 

The front setback to the ground storey ranges from 2.33m (living room) to 5.46m (garage). The front setback to the first storey is 3.23m (Bedroom 2) to 4.56m (Bedroom 3). The progressive increase in front setback towards the western boundary opens up views to the sandstone side walls and hipped roof of the heritage cottage at No. 2 Nolan Avenue from the public domain.

 

It is noted that Bedrooms 2 and 3 at the upper level are partially cantilevered over the ground floor footprints to provide weather protection and articulations to the street façade. The revised design has increased the front setback to the first storey to minimise the degree of projection. Specifically, Bedroom 2 has been stepped in with a planter box being provided on the roof above the ground floor living room.

 

A discussion has been held between Council’s assessment officer and heritage planner. It is considered that an additional front setback to the glazed wall of Bedroom 2 by 500mm will further reduce the visual bulk of the upper floor level, and contribute to a more sympathetic streetscape outcome in the light of the predominance of traditional built form in the locality. Accordingly, a special condition is recommended to the above effect. 

 

Therefore, the proposed front setback is considered to be satisfactory, subject to the above recommended condition.

 

Side setback

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

 

The proposal contains various deviations from the side setback preferred solutions. Notwithstanding, the design scheme is considered to be satisfactory for the following reasons:

 

·           The existing cottage on the subject site has a western side setback of approximately 500mm at ground level. The proposed design will generally maintain this existing setback alignment. The heritage cottage at No. 2 Nolan Avenue also has an eastern side setback of approximately 500mm.

 

Given the site frontage of only 9.145m, the proposed setback will enable more flexible internal planning and improve the functionality of the floor space.

 

Despite the deviation from the DCP preferred solution of 400mm, there will still be a 1m separation between the proposed building and No. 2 Nolan Avenue. The proposal is not considered to significantly obstruct natural ventilation of the neighbouring property.

 

The western elevation of the building is predominantly characterised by solid walling and hence will not result in material privacy impacts on No. 2 Nolan Avenue.

 

As is discussed in the above paragraphs, the design scheme has incorporated progressive increase in front setback towards the western boundary, which will open up views to the sandstone side walls and hipped roof of the heritage cottage at No. 2 Nolan Avenue from the public domain. This design feature will enable appreciation of the form and materials of the heritage item by the public.

 

·           The first floor level of the building generally meets the DCP preferred solution with the exception of Bedroom 3, which is setback only 500mm from the western boundary. It should be noted that the western wall of Bedroom 3 has a length of only 5.85m. The remaining western elevation will be setback 1.5m from the boundary.

 

The design in its current form is considered satisfactory as the strict compliance with the preferred solution will significantly affect the architectural composition of the front façade and character of the building, and without delivering material improvements to the amenity of the adjoining dwelling at No. 2 Nolan Avenue.

 

·           As will be discussed in the following paragraphs, the proposal will retain satisfactory solar access to the adjoining properties.

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

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.

S1

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

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.

 

The Objective of the DCP is to ensure that the design of new buildings protects the visual and acoustic privacy of the occupants and neighbours.

 

Upper level rear balcony

The proposal includes a rear balcony attached to the master bedroom at first level. The balcony is capable of obliquely overlooking the private open space of the adjoining dwellings.

 

Notwithstanding, the balcony is defined by solid screen walls on the side elevations, which will effectively restrict direct cross viewing into the adjoining properties at Nos. 2 and 6 Nolan Avenue. The balcony is also setback over 14m from the rear boundary. Given the degree of separation, the balcony is not considered to result in significant privacy impacts on the dwelling at No. 18 Douglas Street.

 

The balcony is attached to the bedroom, which is a low intensity use space within the dwelling. The location and dimensions of the balcony would limit its use to passive recreation activities only. Therefore, the balcony is not considered to result in detrimental noise impacts on the neighbours.

 

Upper level rear windows

The northern elevation of the first level includes full height glazed sliding doors attached to the master bedroom and louvred windows attached to the ensuite bathroom. The above windows adjoin low intensity use spaces within the dwelling and are not considered to result in material privacy impacts on the neighbours.

 

Upper level side windows

The design scheme includes full height stairwell windows on the eastern elevation. Despite its eastern orientation, the stairwell windows are setback 4m from the common boundary behind a landscaped courtyard. The extent of the setback will minimise direct overlooking into the side windows of the adjoining properties.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

Complies.

S1,3

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

Complies.

S2

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

To be required by condition.

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

1 x single garage plus 1 x hardstand car space. Complies.

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.

The proposed driveway is 3m wide and is setback approximately 600mm from the western boundary.

 

Council’s engineer has reviewed the proposed parking design and raised no objections on safety or engineering grounds.

S1

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

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.

Satisfactory.

S1

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

Not applicable.

S2

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

Not applicable.

S2

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

Complies.

S2

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

30%, 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.

 

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.

The proposed front fencing has a height of 1800mm above the footpath level. A standard condition is recommended to ensure the upper two-thirds of the fence 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 SEPP: BASIX.

S2

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

Complies.

S2,8

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

Complies.

S9

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

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.

Complies.

S9

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

Complies.

 

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 more than $200,000

$580,000

1.0%

$5,800

 

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

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 on the natural and built environment 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.

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 proposed development.

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

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

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

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

Right of way

Based on site inspection and interview with the owner of No. 2 Nolan Avenue, it is noted that the existing setback areas between Nos. 2 and 4 Nolan Avenue (subject site) currently function as an informal walkway for the occupants of the former property to access the backyard areas.

 

A letter from A Square Planning on behalf of the applicant, dated 1 September 2010, has been received. The letter requests that a condition of consent be imposed requiring an easement to be created so that the aforementioned informal access can be maintained for No. 2 Nolan Avenue.

 

The applicant’s request has been considered. However, the principal pedestrian entry to the dwelling at No. 2 Nolan Avenue is centrally positioned in the front façade of the building. The walkway in question merely functions as a secondary access to the backyard for the convenience of No. 2 Nolan Avenue. The proposed development will not impact on the main pedestrian access to this adjoining dwelling.

 

It is considered that a special condition requiring the creation of a formal right of way along the western side of No. 4 Nolan Avenue, which benefits No. 2 Nolan Avenue, is outside the ambit of the proposal and is not warranted in this instance. Furthermore, any such private right of way can be legally created without development approval from Council. This matter should therefore be dealt with between the parties as part of a private negotiation process without Council involvement.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in urban design and development.

Direction 5a:      Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

The proportions and massing of the building are considered to be compatible with the local streetscape and will not detract from the significance of the adjoining and nearby heritage items, subject to the recommended conditions.

 

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

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 411/2010 for demolition of existing structures on site and construction of a two-storey dwelling with single garage and associated landscape works, at No. 4 Nolan Avenue, Clovelly, subject to the following conditions:

 

Conditions of Consent

 

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

 

1.       The development must be implemented substantially in accordance with the following plans (Job Number 1001):

 

Plan Number

Dated

Received

Prepared By

A001(C)

31.08.10

2 September 2010

John House Architect

A002(C)

31.08.10

2 September 2010

A200(C)

31.08.10

2 September 2010

A201(C)

31.08.10

2 September 2010

A300(C)

31.08.10

2 September 2010

 

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

 

2.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the submitted Sample Board, Job No. 1001, prepared by John House Architect, and received by Council on 2 September 2010.

 

In addition, the paint finishing of the fibre cement panels on the external walls of the building shall be non-reflective.

 

3.       The southern elevation of Bedroom 2 at the first floor level of the building, with the exception of any supporting column, shall incorporate an additional front setback of 500mm, or be setback no less than 4000mm from the Nolan Avenue boundary, whichever is the greater. Details demonstrating compliance with the above requirement shall be incorporated in the Construction Certificate documentation.

 

4.       The proposed “roof garden” located above the ground floor kitchen and adjacent to the first floor rear balcony shall be designed and constructed so that it is not trafficable and does not function as a deck.

 

5.       The fence on the Nolan Avenue alignment shall have a maximum height of 1800mm, as measured from the footpath level, and be designed so that the upper two-thirds of the fence (excluding any piers or posts) is at least 50% open, to maintain reasonable levels of amenity to the streetscape.

 

6.       Any fences located on the side or rear boundaries of the site 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 are to be obtained from the owner/s of the adjoining land beforehand.

 

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

 

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

 

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

 

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

 

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

 

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

 

Options may include one or more of the following measures:

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

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

 

13.     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:

 

14.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $580,000, the following applicable monetary levy must be paid to Council: $5,800.

       

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:

 

15.     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.

 

16.     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.

 

17.     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)

 

18.     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:

 

19.     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:

 

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

 

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

 

21.     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).

 

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

 

 

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

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

26.     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.

 

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

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The 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.

 

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

 

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

 

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

 

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

 

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

 

·          Occupational Health & Safety Act 2000 & Regulations

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

·          WorkCover NSW Guidelines and Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

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

 

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

 

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

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

·          Details of hazardous materials (including asbestos)

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

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works will commence

 

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

 

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

 

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

 

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

 

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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.

 

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.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

39.     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.

 

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

 

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

 

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

 

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

 

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

 

41.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

●        before 7.00am or after 8.00pm on weekdays.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a)   $1000.00   -      Damage / Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

49.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

53.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $402.00 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:

 

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

 

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

 

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

 

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

 

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

 

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

 

57.     Generally all site stormwater shall be piped to a sediment/silt arrester pit that drains to an infiltration area with a minimum 5 m2 base area. An overflow pipe shall be provided from the silt arrestor pit to drain to Council's kerb and gutter.

 

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

 

Notes:

 

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

 

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

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

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

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

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

 

b.   The infiltration/rubble pit shall:-

  

i.        have a minimum 300 mm of soil cover (600 mm where the pit is located under a garden/landscaping area).

ii.       be located a minimum of 3.0 metres from the dwelling or other structure (closer if a structural engineer certifies that the infiltration area will not adversely affect the structure) and 2.1 metres from the adjacent side or rear boundaries.

iii.       be constructed with a minimum 200 mm thick layer of 20 mm basalt/blue metal (or similar) that is wrapped in a suitable geotextile material covering with a high filtration rating (Geofabrics Bidim "A" range of filtration fabrics or equivalent). A suitable means of dispersing the stormwater over the area of infiltration is to be constructed.

Note:  other equivalent methods of infiltration may be adopted.

iv.      have a minimum base area of  5.0 square metres (m2).

 

The outlet from the silt arrestor pit to the infiltration area shall be located at least 50 mm below the outlet from the silt arrestor pit to the kerb and gutter.

 

c.   The requirement for an infiltration/rubble pit will not be enforced should the underground soil conditions preclude the construction of the infiltration pit (eg rock is located within 300 mm of the base of the infiltration area). If the infiltration/rubble pit is not constructed then all site stormwater shall be discharged to the kerb and gutter via a sediment/silt arrestor pit (as detailed in note a. above).

 

All works shall be to the satisfaction of the certifying authority.

 

d.   The overflow pipe/s from the rainwater tank/s shall be directed into the infiltration area.

 

58.     Any stormwater runoff which cannot be directed to the kerb and gutter at the front of the property (via the infiltration area as detailed above) shall be discharged either:

 

·      Through private drainage easements to Council’s kerb and gutter (or underground drainage system); OR

 

·      To a separate suitably sized infiltration area. As a guide, infiltration areas which do not have an overflow to the street shall be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area draining to the infiltration area.

 

Prior to the use of infiltration in areas where there is no formal overland escape route to Council’s kerb and gutter/street drainage system, a geotechnical investigation will be required to determine whether the ground is suitable for infiltration. Should rock and/or a water table be encountered within two metres of the proposed base of the infiltration pit, or the ground conditions comprise low permeability soils such as clay, infiltration may not be appropriate.

 

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

 

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

 

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

 

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

 

60.     The landscaping shall be installed in accordance with the approved documentation prior to the issue of a final occupation certificate and shall be maintained in accordance with those plans.

 

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

 

Tree Management

 

62.     Permission is granted for the selective pruning of overhanging branches from the trees located on the adjoining property. This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary. However, where such measures are desirable in the best interests of correct pruning procedures, it shall be necessary for the applicant to negotiate with the tree owner. All pruning must be undertaken by a qualified Arborist, with suitable qualifications in Arboriculture and to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Ordinary Council

19 October 2010

 

 

 

Director City Planning Report No. CP83/10

 

 

Subject:                  7R Marine Parade, Maroubra

Folder No:                   DA/246/2010/A

Author:                   Chahrazad  Rahe, Assessment Planner     

 

Proposal:                     Section 96 (2) modification of approved development by installation of two external surfboard storage cupboards to existing building, alteration to internal layout and installation of external hose

Ward:                      Central Ward

Applicant:                Lets Go Surfing Pty Ltd

Owner:                         Randwick City Council

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

The Section 96 (2) modification application is referred to Council for determination as the original development application was determined by Council and the land is under the care, control and management of Council.

 

The application is for a Section 96(2) Modification of Development Consent 246/2010 to modify the consent in the following manner:

 

·           construction of two external surfboard storage cupboards to the existing building,

·           alteration to the internal layout; and

·           installation of external hose cock and drain.

 

The proposed modification is for additional storage and minor alterations. The proposal is considered to be substantially the same development as was originally approved and satisfies Section 96 of the Act.

 

The application was notified from 1 September to 15 September 2010 in accordance with Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. One submission was received from the Maroubra Seals Sports and Community Club.

 

Following assessment of the application, the proposed changes are considered reasonable and acceptable for the reasons outlined in this report and are not considered to result in any unreasonable adverse impacts on the amenity of the adjoining neighbours and the character of the locality.

 

The application is recommended for approval subject to an additional condition.

 

2.    Site History & the Proposal

 

The current application was approved at the Ordinary Council meeting on 25 May 2010 for alterations to the former Maroubra bus terminus building and to use as a surf school facility. The proposed works included internal alterations, the installation of new skylight windows, new security fold down doors, sliding door to the rear, interpretive panels along the eastern and western elevation; construction of removable surfboard racks on the northern and southern elevation and the replacement of existing windows with louvers.   

 

The current application is for a Section 96(2) Modification of Development Consent 246/2010 to allow for internal and external changes to the building.  Internally it is proposed to relocate the service counter from the eastern to the western side of the building, to provide an internal partition and to provide increased wetsuit storage.  Externally it is proposed to provide two lean-to structures on the east elevation to provide additional surfboard storage and a new tap on the south elevation for the washing of wetsuits. 

 

3.    The Subject Site and Surrounding Area

 

The building site is located at the northern-eastern end of Arthur Byrne Reserve, adjacent to Maroubra Beach, Maroubra. The subject site is currently occupied by an existing bus shelter. The site has a frontage width of 10.6 metres, a side boundary depth of 4.1 metres and a total site area of 43.46 metres².

 

Neighbouring the property to the North-West of the subject site is Marine Parade and adjoining the subject site to the South-East is Maroubra Beach, Maroubra Beach.

 

4.    Community Consultation

 

The proposal has been notified in accordance with the DCP - Notification. As a result of the notification, one submission was received:

 

5.1 Objections

 

Author: David Popplewell (Vice President for the Maroubra Seals Sports and Community Club)

Objection

Comment

1.  The proposed tap at the southern end of the tram shed has no drainage and the emphasis seems to have changed from rinsing the wet suits to drowning them with a hose which is a substantial excessive use of water.

2.  The internal modifications appear to remove rinsing troughs and replacing them with televisions.

3.  The proposed surfboard storages will detract from the basic function of the structure as does the proposed ceiling and skylights.

4.  It is noted that facilities for the staff are still non existent.

5.  It is noted that no provision for car parking, either for staff or patrons has been made.

1.  There will not be any excessive usage of water. The tap is intended to be use for rinsing wet suits and there is adequate drainage within the area to cater for this use.

 

2.  It is not considered that the TV screens (which are internal) will have any unreasonable amenity impacts to nearby residence or streetscape. The TV screens are intended to be used for advertising and promotion of surfing activity and movies.

 

3.  The building is to be used by a surf school and this storage of surfboards is an essential part of the approved use. It is not considered that the surfboard storages will have an unreasonable impact on the appearance of the building.  The application was referred to Council’s Heritage Planner for assessment and no objections were raised to the proposed modifications subject to a condition which requires the proposed surfboard storage cupboards to be carefully constructed to minimise damage to original building fabric. 

 

4.  Noted. However, there are adequate public amenities within the reserve that maybe used by staff and patrons.

 

5.  Council’s property officer has entitled the licensee to one authorized car parking space located within the car parking area adjacent to the Maroubra Beach Pavilion. No additional car parking space is required for this section 96 application and the proposal will comply with the Parking DCP.

  

 

5.2 Support

There are no supporting letters attached with this application.

 

6.         Technical Officers Comments

 

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

 

Property Officer

Council Property Officer raised no objection to the proposed modifications.

 

Heritage Comments

The former Maroubra Tram Shelter is prominently located within the open space area on the eastern side Marine Parade.  The building is not listed as a heritage item under Randwick Local Environmental Plan 1998 (Consolidation), however the Urban Design and Planning Strategy for the Maroubra Beach Commercial Precinct prepared by Keys Young in 1997 recommended retaining the bus/tram shelter as a kiosk, in conjunction with relocation of the bus terminus and narrowing the roadway. 

 

The original application proposed internal and external alterations and additions to allow the use of the building as a booking outlet and storage facility for a surf school.  Internal modifications were proposed including replacement of the existing floor finish and provision of change rooms, and storage for surfboards and wetsuits.  External changes included replacement of timber louvres with metal louvers, blocking an existing door and window with new graphics boards/interpretative panels, a new door and two new skylights in the rear elevation and new fold down timber security screens to the front elevation.  Temporary external flags and surfboard racks were to be provided.  My comments on the original application noted that the proposal would retain a public use for the building, the open layout of the interior of the tram shed and a large proportion of the original form, materials and detailing.  Consent conditions were included requiring submission of detail of proposed graphics boards/interpretative panels to clarify their purpose and requiring minimal damage to original building fabric to allow future removal. 

 

A Section 96 application has now been received.  The current application proposes internal and external changes to the building.  Internally it is proposed to relocate the service counter from the eastern to the western side of the building, to provide an internal partition and to provide increased wetsuit storage.  Externally it is proposed to provide two lean-to structures on the east elevation to provide additional surfboard storage and a new tap on the south elevation for the washing of wetsuits. 

 

In relation to the proposed external changes, it is noted that one of the key characteristics of the existing building is the symmetry of its eastern and western elevations.  The proposed wetsuit storage will affect two of the three bays, detracting from the symmetrical plan and elevation.  The proposed surfboard storage cupboards are to have a rear wall which is separate from the existing external wall and a new floor and lean to roof.  Walls are to comprise a galvanised steel frame with wall and roof cladding in fibre cement sheet.  Access will be provided with roller shutter doors which are to incorporate the proposed local surfing history panels.  The Supporting Statement which has been submitted suggests that the cupboards are to use construction methods which will allow them to be removed in future leaving original building fabric intact.  It is noted that the sections do not indicate the detailed construction of the existing building including the thick masonry base below the timber framed walls and the decorative timber valance at the top of the walls.  A further consent condition should be included in relation to the construction methods. 

 

Development Engineers

The application was referred to Council’s Development Engineers and no objections were raised to the amended proposal.

 

7.    Relevant Environmental Planning Instruments

 

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

 

a.      Council Policies

Section 96(2) Assessment

Under the provisions of Section 96(2) of the EP & A Act (as amended), Council may only agree to amend an existing development consent if the following criteria has been complied with:

 

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

 

Comment:  The proposed development is ‘substantially the same’ development. The following matters are of relevance:

 

·           There will be no fundamental change to the use of the approved development.

·           The original consent has not been previously modified pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979 (as amended).

 

(b)    It has notified the application in accordance with:

 

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

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

 

Comment:  The subject application has been notified in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans.

 

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

 

The submissions received during the notification period have been considered in Section 5.1 of this report.

 

8.    Environmental Assessment

 

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

 

Randwick Local Environmental Plan 1998

 

Randwick Local Environmental Plan 1998

 

Clause 18: Zone No. 6A (Open Space Zone)

The land is zoned 6A Open Space and the proposed development is permissible with development consent. The relevant zone objectives include:

 

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

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

·           to identify and protect land intended to be acquired for public open space, and

·           to identify and protect natural features that contribute to the character of the land, and

·           to enable the sustainable management of the land.

 

The modified development will continue to be consistent with the zone objectives in that the development will promote and relate to the use and enjoyment of the open space.

 

Clause 38: Development in Open Space Zone

Clause 38 of Randwick LEP 1998 states that Council may grant consent to the development of land within zone 6A if it is satisfied that the proposed use is suited to that location and the use is consistent with any plan of management prepared for the area. In addition, consideration must be given to the need for the proposed development, if it relates to the use and enjoyment of the open space, the impact upon the likely future use and character of the land and the need to retain the land for its existing or likely use.

 

The addition of surfboard storage space will provide both visitors and local residents more effective use of the area and will continue to promote the objectives of the zone. The proposal satisfies the provisions of Clause 38 of the LEP.

 

Clause 38(2) requires the consideration of a number of issues when determining an application to carry out development on land zoned 6A. The relevant issues discussed below.

 

(a)      The need for the proposed development on that land

 

The modified development will continue to cater for the recreational needs of both visitors and local residents alike.

 

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

 

The modified development will continue to relate to the use and enjoyment of open space and the use would allow the community to benefit from the enjoyment of the surrounding public open space area and the locality, in particular Maroubra Beach. 

 

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

 

The modified development will not result in any unreasonable adverse environmental impacts on the public domain in terms of overshadowing, access to pedestrian walkways etc, and as such will not impact existing or likely future use of the land.

 

State Environmental Planning Policy 71

This policy aims to:

 

·           protect and improve existing public access to and along coastal foreshores to the extent that this is compatible with the natural attributes of the coastal foreshore, and

·           ensure that new opportunities for public access to and along coastal foreshores are identified and realised to the extent that this is compatible with the natural attributes of the coastal foreshore, and

·           protect and preserve Aboriginal cultural heritage, and Aboriginal places, values, customs, beliefs and traditional knowledge, and

·           ensure that the visual amenity of the coast is protected, and

·           protect and preserve beach environments and beach amenity, and

·           protect and preserve native coastal vegetation, and

·           protect and preserve the marine environment of New South Wales, and

·           protect and preserve rock platforms, and manage the coastal zone in accordance with the principles of ecologically sustainable development (within the meaning of section 6 (2) of the Protection of the Environment Administration Act 1991), and

·           manage the coastal zone in accordance with the principles of ecologically sustainable development (within the meaning of section 6 (2) of the Protection of the Environment Administration Act 1991), and

·           ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and

·           encourage a strategic approach to coastal management.

 

The modified development is for the addition of storage areas and minor alterations to the approved use as a surf school within the existing Maroubra Beach Bus Terminal; and will be consistent with the above aims and those matters for consideration set out in Clause 8 of the policy.

 

8.2 Policy Controls

 

Development Control Plan - Parking

The subject Section 96 application will result in an additional floor area of 6.55m².  This will result in the development having a total floor area to 49.55m²; which would therefore be required to provide one off-street parking space.

 

Council’s property officer has entitled the licensee to one authorized car parking space located within the car parking area adjacent to the Maroubra Beach Pavilion. Therefore no additional car parking space is required.  The proposal will continue to comply with the DCP.

 

Maroubra Beach Plan of Management

The proposal is consistent with the objectives of the Maroubra Beach Management Plan in that the proposed activity and built form will:

·      Enhance the image of Maroubra Beach and to improve the public’s use and enjoyment of its recreational assets

·      To provide an efficient, diverse, environmentally sustainable and socially responsive range of land uses over the site;

·      To recognise and capitalise upon those valuable intrinsic characteristics that make Maroubra Beach one of Sydney’s most popular recreational assets whilst retaining an essentially local landscape and urban character.   

 

The proposed modifications to the approved use as a surf school facility within the former Maroubra bus terminus building are not inconsistent with the above policies.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:     A strong local economy.

Direction:     The proposal in providing for a commercial use will facilitate the provision of services to the community as well as the growth of local businesses.

 


Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed modifications to the approved development have been assessed against the requirements of the relevant planning guidelines. The proposed modifications are reasonable as it will result in substantially the same development as originally approved. The proposed modifications should not result in any significant adverse impact upon the amenity of the nearby properties and the character of the locality within the coastal area. 

 

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 DA/246/2010 for permission to modify the approved development by installation of two external surfboard storage cupboards to the existing building, alteration to internal layout and installation of external hose at 7R Marine Parade, Maroubra in the following manner:

 

A          Condition No. 1 is amended to read:

 

1.  The development must be implemented substantially in accordance with the plan numbered 10006, dated March 2010 and received by Council on 12/04/2010, the application form and on any supporting information received with the application, as amended by the Section 96 plan numbered S96 100 (Project No. 10006), dated 16/08/2010 and received by Council on 16 August  2010, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

B         Add new Condition No. 28:

 

28. The proposed surfboard storage cupboards are to be carefully constructed to minimise damage to original building fabric including masonry base, and timber posts, timber weatherboards and decorative valance at the top of the walls.  In particular, any flashing to the new roof and walls are to be constructed to avoid damage to the timber elements.

Attachment/s:

 

Nil

 

 


Ordinary Council

19 October 2010

 

 

 

Director City Planning Report No. CP84/10

 

 

Subject:                  1-3 Moore Street, Coogee

Folder No:                   DA/696/2010

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Construction of two car spaces to front of existing dual occupancy

Ward:                      North Ward

Applicant:                J Russell

Owner:                         S & S Wain, J Russell & K Bassett

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.    Executive Summary

 

The application is referred to Council for determination at the request of Councillors Bowen, Stevenson and Tracey. The application details the construction of two car spaces to the front of the existing dual occupancy building.

 

The main issue is the impact of the development upon the amenity of the adjoining properties and the streetscape.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application proposes the installation of a hard stand car parking deck to the front of the dwellings centrally located between the two dwellings and sited up to the front boundary including steps from the car space to the entry of the building, a 1m high timber picket front fence and planting.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the southern side of Moore Street and has a frontage of 13.1m with a depth of 37.9m and an area of 496m, the site falls from the front to rear with a difference in level of up to 3m. At present there is a pair of semi detached dwellings on one title. The locality is residential and contains a mixture of semi detached and free standing dwellings and multi unit housing development with the immediate locality being within the Foreshore Scenic Protection area.

 

4.    Site History

 

A previous development application, DA/248/09, for a similar parking deck was refused on the grounds that the parking deck would be visually obtrusive, the driveway design would potentially impact public safety and would not be sympathetic to the appearance of the existing dwellings and streetscape.

A subsequent Section 82A Review was lodged relating to the determination of that development application which included amendments to reduce the width of the driveway crossing and the clarification of the position of the sewer vent within the footpath that will need to be relocated to accommodate the driveway crossing.

 

That Section 82A Review was not able to be determined as consideration was not able to be completed before the statutory 12 month period. As a result this new application which includes an identical proposal to that detailed in the Review has been lodged for consideration.

 

5.    Community Consultation

 

The proposal has been notified in accordance with the DCP – Notification. The following submissions were received:

 

5.1 Objections

 

Author and objection

Comment

4/5 Moore Street Coogee

-the proposed car space will be visually obtrusive in the local streetscape.

-the parking of vehicles will impact upon sunlight to their dwelling and garden, and nuisance of fumes from the vehicles.

-the loss of trees in the footpath to accommodate the driveway will negatively impact upon the foreshore and is unprecedented in the street.

-an approval for a car space will lead to safety concerns of vehicles parked over the footpath.

-the installation of the car spaces will lead to the loss of 2-3 street parking spaces.

-there are concerns in relation to the position of the relocated sewer vent, with particular concerns that the vent will be moved closer to their property and may impact upon the ongoing health of trees.

The proposed elevated desks other than at the base are all open and will not be a visually obtrusive structure in the streetscape and will not result in any significant overshadowing either when in use or vacant and the parking of any vehicles upon the car spaces will not increase the overall traffic movements in the street and it cannot be argued that there will be any significant increase in fumes or noise from vehicle movement that will cause an unreasonable impact to the adjoining properties.

Council’s Landscape Technician has noted that the existing street tree is a small tree and can be removed subject to a condition to require the applicant to pay the cost to replace the street tree in another location in the street upon the completion of the works.

The depth of the car spaces satisfies the minimum depth of parking spaces in the DCP for parking and it would not be expected that vehicles may be parked across the footpath as that would prevent vehicular access to and from the individual car spaces.

The installation of the car spaces with a shared driveway will result in a loss of one on street parking space, however the provision of two off street parking spaces actually increases the availability of on street parking by one space.

The applicant has advised that the existing sewer vent will be relocated within the footpath to the western side of the property a distance of approximately 2m, and will remain directly in front of the subject property. Sydney Water have advised the applicant that they are agreeable to relocate the vent, however a final agreement will not be provided prior to this application being determined and approved. A condition of consent is recommended to confirm the relocation of the sewer vent to allow for the driveway installation, but still remaining in front of the subject property prior to release of a Construction Certificate.

 

6.    Technical Officers Comments

 

The application has been referred to Council’s Development Engineer for comment. Recommended conditions including conditions relating to the provision of a vehicular crossing and removal and replacement of a Council Street Tree have been provided for inclusion with any consent granted.

 

7.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

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

 

The following clauses of the LEP 1998 are relevant to the proposed development.

Clause 20E - Landscaped Area

Clause 20E of the LEP states that a minimum of 50% of the site area must be provided as landscaped area for multi unit housing. Landscaped areas over podiums or excavated basement areas must not exceed 50% of that requirement.

The proposal seeks consent to construct an elevated timber parking deck over the front yard of the subject site and as such, the proposal will not result in a change to the existing landscaped area on the site. It is noted that the existing landscaped area located directly below the parking deck will receive restricted sunlight which may limit its capacity to support healthy vegetation/usable turf. However, due to the topography of the site this area is not utilised for any practical recreation purpose and it is purely decorative only with the primary area of outdoor recreation to both dwellings being within the private rear yards.

 

Clause 29 - Foreshore scenic protection area

Clause 29 of LEP provides the following in respect of Foreshore Scenic Protection Area:

The Council may only grant consent to a building within the foreshore protection area after it has considered the probable aesthetic appearance of the proposed building in relation to the foreshore.

 

It is considered that the proposed development will not adversely affect the significance of the foreshore as the development is to the front of the property and is not directly visible from the foreshore area. Therefore, the development is considered to satisfy the requirements of clause 29.

 

8.    Environmental Assessment

 

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

 

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.)

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 details a new 1m high timber picket front fence. The proposed fence is not inconsistent with the local fencing form which includes fencing of similar design and height.


 

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 subject dwellings each have three (3) bedrooms and as such, the site requires a total of 3 parking spaces. The proposed development involves parking for two vehicles on a parking deck. This does not comply with the DCP requirements for parking. However, there are no objections as the existing site constraints do not allow for the provision of parking spaces other than those proposed. The provision of these parking spaces will remove two vehicles parked in the street and with the installation of the driveway crossing, which will remove one car space, and will result in one vehicle pertaining to these premises being removed from a street parking position.

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

 

The proposed parking deck in the context of the existing streetscape that includes a variety of building forms and building alignments will not dominate the street frontage and detract from these dwelling or the other buildings in the street.

Driveways and Manoeuvring Areas

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

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

The proposed driveway is centrally located and tapers to both car spaces and has a cross over width of 3.5m at the kerb. The driveway of this width and location allows for the safe manoeuvring of vehicles entering and leaving the site. Within the remainder of the front of the site it is proposed to install new planting which will soften the appearance of the car spaces.

P6 Driveway gradients safe.

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

Gradients less than 1 in 6 and being centrally located will not impede vehicular or pedestrian vision from within the subject property.

Foreshore Scenic Protection Areas

P1 Building form is sympathetic in appearance with surroundings buildings, and buildings on stepped sites are articulated so that massing and scale respects the slope.

 

The proposed development will not adversely affect the significance of the foreshore and is not visible from the foreshore area.

P2  Extent of hard surface is minimised to reduce water run-off

 

The proposed timber parking deck installed upon a steel frame will allow for the infiltration of water and will not direct water run off to adjoining properties.

P3 Ancillary structures do not dominate and detract visually. 

 

The proposed parking deck will not detract from the building from a streetscape point of view in that the deck is not bulky and other than the deck level is all open beneath.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in urban design and development.

Direction 5a:      Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

It is recommended that the application to construct car parking spaces to the front of the existing building at 1-3 Moore Street Coogee be approved subject to the following schedule of conditions.

 

Recommendation

 

That Council, as the consent authority, grant development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/696/10 for the construction of car parking structures at 1-3 Moore Street, Coogee subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered ms-001 Issue-B, undated  and received by Council on the 24th August 2010, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

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

 

The existing sewer vent must be relocated to the western side of the site to allow for access to the driveway, subject to the necessary formal agreement of Sydney Water. The position of the sewer vent must remain within the footpath area directly in front of the property 1-3 Moore Street Coogee. A copy of the formal agreement for the relocation of the sewer vent including the exact position must be provided to the Council or the accredited certifier prior to the a nuisance.

 

4.       Details of any works proposed to be carried out in or on a public road/footway are to issuing of the Construction Certificate.

 

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

 

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

 

Absorption pits must be located not less than 3m from any adjoining premises and the stormwater must not be directed or flow onto any adjoining premises or cause be submitted to and approved by Council prior to commencement of works.

 

6.       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:

 

7.       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.

 

8.       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).

 

9.       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.

 

10.     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).

 

11.     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”.

 

12.     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.

 

13.     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.

 

14.     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:

 

15.     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 and stability of the proposed car parking deck.

 

16.     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.

 

17.     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.

 

18.     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.

 

19.     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.

 

20.     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. 

 

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

 

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

 

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

 

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

 

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

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

 

22.     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 minimum 4.0m wide concrete vehicular crossing and layback at kerb opposite the vehicular entrances to the site.

 

23.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

26.     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.

 

27.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $135.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

28.     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.

 

29.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Removal & Replacement of Council’s Street Tree

 

33.     Due to its small size, approval is granted for the applicant to remove and dispose of (at their own cost) the existing Banksia integrifolia (Coastal Banksia), on Council’s Moore Street nature strip, located centrally across the width of the site, during excavations associated with the proposed common vehicle crossing as shown, and must satisfy themselves as to the location of all site services, prior to the commencement of any works on public property.

 

34.     The applicant must also submit a total payment of $214.50 (including GST) being to cover the cost for Council to supply and plant a 25 litre replacement tree of the same species elsewhere in this street upon completion of all site works.

 

The contribution shall be paid into Tree Amenity Income at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development.

 

The applicant will be required to contact Council’s Landscape Development Officer on 9399-0613 (quoting the receipt number), and giving a minimum of 4 weeks notice to arrange for planting of the replacement street tree upon completion of all site works.

 

Removal of trees within site

 

35.     Approval is granted for the removal of the Cyathea cooperi (Tree Fern) in the front courtyard of 1 Moore Street, in order to accommodate the elevated car-space as shown.

 

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.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

19 October 2010

 

 

 

Director City Planning Report No. CP85/10

 

 

Subject:                  Part 3A Major Project Application for the Montefiore Aged-care Home at 100-120 King Street and 30-36 Dangar Street, Randwick

Folder No:                   F2009/00460

Author:                   David Ongkili, Coordinator Major Assessment     

 

1.      Introduction

 

The Department of Planning is currently assessing a Part 3A Major Project Application for expansion of the existing Aged Care Facility at the Sir Moses Montefiore Jewish Home at 100-120 King Street and 30-36 Dangar Street, Randwick.

 

As part of the assessment process, Council has received a copy of the Environmental Assessment Report (EAR) for the project which is on public exhibition in Council’s offices from Wednesday 22 September 2010 to Friday 22 October 2010.

 

An assessment of the proposal has been undertaken which is detailed in this report and which will form the contents of a submission to the Department of Planning on the proposed development.

 

1.1    The Proposal

The subject application primarily comprises the following:

 

A Concept Plan application for:

 

·           three new building envelopes having a total 19,370m2 of gross floor area and ranging from 4 to 6 storeys in height with lower level/basement carparking

·           use of the building envelopes for residential aged care accommodation

·           redevelopment of the existing child care centre on-site

·           public square accessible on Dangar Street

·           retail space at ground level accessible from the proposed public square

·           landscaping throughout the site totalling 14,739sqm

·           stormwater drainage infrastructure including on-site detention

 

A Project Application for Stage 1 of the Concept Plan for

 

·           Construction of new Building D with 5-6 storeys including lower level/basement carparking for aged care accommodation, retail space and support services

·           Alterations and additions and facade upgrade of existing Building C

·           Construction and embellishment of a proposed public square of 1080sqm at the intersection of King and Dangar Street

·           Construction of a temporary carpark within the footprint of proposed building envelope E and vehicular access works to existing childcare centre on the site

 

Issues

 

The following issues have been identified in the assessment of the proposal and will be submitted to the Department of Planning for consideration in its assessment and determination of the application:


1       Statutory matters

It is noted that various justifications have been provided in the EAR for the increase in density (FSR) and building height beyond the provisions of the Randwick LEP 1998. While these justifications may be appropriate for the purposes of the Concept Plan and Project Application at hand, they should not be viewed as precedence for any future breaches in density and height that may occur as part of a further expansion of the facility in the future. In this regard, concern is raised at the comments made in Section 5.5.2 of the EAR under the section entitled Compatibility with Desired Future Character which implicitly refers to possible further expansion of the Montefiore facility in the future accompanied by a broad-brush claim of “still achieving compliance with the relevant amenity and privacy standards”. In particular, the EAR states that “The granting of FSR bonus for vertical village on the site under the SEPP Housing for Seniors or people with a disability (HSDP) makes it implicit that greater building heights than those permitted under the RLEP 1998 are envisaged in future development of the land where it is for new or expanded aged care facilities, especially where the SEPP seeks to promote such facilities in urban areas where land or opportunity is scarce”. Council raises concerns at the suggestion that further future expansion of the aged care facility on the subject site may be appropriate because higher density seniors housing potentially is allowable in the adjoining residential zones because SEPP HSDP allows for it. However, the existing planning controls in the area surrounding the subject site are predominantly Residential 2C to the south and Residential 2A to the north so that the bulk and scale intended by the planning control under the RLEP is that of low to medium density residential. Accordingly, any further future increase in density and height on the subject site, beyond that currently proposed in the Part 3A application,  potentially will be inconsistent with this character and may well not satisfy the second question posed in the planning principles established Veloshin V Randwick City Council [2007] NSWLEC 428.  Council would point out that the breaches in density and height proposed under the current proposal are at the upper limit that the subject site can tolerate relative to the existing and future character of surrounding development under the established Residential 2C and Residential 2A zonings.

 

2       Built form

The southern side of King Street between Church and Prince Streets are predominantly characterised by 2-storey dwellings. The larger scaled institutional buildings of the STA depot and the UNSW and TAFE teaching facilities are located on the western section of King Street, separated from the subject site by the multi-unit residential complex at No. 90-98 King Street.

 

The southern side of King Street and the south-western section of the site are zoned Residential 2C, which under RLEP 1998 are subject to maximum height and wall height limits of 12m and 10m respectively. The eastern section of the site is zoned Residential 2B, which under the LEP is subject to maximum height and wall height limits of 9.5m and 7m respectively.

 

The proposal would exceed the abovementioned maximum height limits stipulated in the LEP. The proposed buildings would also have a greater height and scale than the existing facility on the site.

 

According to the submitted sections, the proposed new buildings (C, D and E) will have a height ranging from 4 to 5 storeys above a basement or semi-basement level, with the uppermost floor being setback to varying degrees. Whilst these buildings generally will reach up to a maximum ridge level of RL58.53, the topography of King Street (which slopes down from east to west) is such that the proposed development will tend to appear higher at the south–western corner of the subject site with maximum heights of 17.23m for Building F (relative to the King Street RL of 41.30) and 15.53m for Building E (relative to the King Street RL of 43.00).

 

These proposed new heights represent a significant increase when compared to the heights approved under the previous amended Master Plan 2002 which proposed a pitch of roof RL53.7 and maximum 3 storeys above street level on King Street.

 

In comparison, the existing buildings on the southern side of King Street, to the west of Church Street, are predominantly a maximum 2 storeys so that the increase in height of the proposed development would further contrast with these existing low density residences.

 

The proposed building height towards the western part of the site, Building F, will be higher than the maximum 3 storey adjoining development at No. 90-98 King Street with an existing height of RL55.4 (parapet) to RL56.7 (lift overrun).

 

In view of the overall increase in height proposed under the current part 3A proposal as detailed above, it is considered appropriate that the proposed development provides a high degree of design and planning at the interface of the proposed development along King Street and appropriate amendments may be necessary to achieve the following:

 

·           King Street shall be reinforced with appropriate public domain and landscape treatment that interfaces with the development in an interactive and positive way

 

·           Increased facade treatment to Buildings C, D and E that not only breaks the visual bulk and scale of these buildings but also provide high quality finishes that will respect the existing and future residential character of the King Street as well as Dangar Street streetscapes. 

 

·           The provision of more well defined landscaped view corridors through the site to soften any intrusive built wall-effect along the King Street and Dangar Street fronts and to break the perception of visual bulk and scale.

 

·           The provision of increased pedestrian permeability through the subject site to soften the perception of a wall/gated effect along King Street and Dangar Street given the long linear massing on these streets.

 

·           The provision of a more integrated typology of open spaces in the subject site that addresses the principal function (e.g. entry forecourt, circulation corridors, walking, sitting, buffer and etc.) and landscape character (e.g. dense vegetation buffer area, open lawn, informal gardens and etc.). Additionally, the application has not addressed clearly the pedestrian circulation and linkages between various open areas which should be demonstrated in a schematic form.

 

3       Public Square

Council has previously raised with the applicant concerns that the proposed public square at the corner of Dangar and King Streets has (1) progressively reduced in size when compared with the previous master plan and development approvals for the site and (2) has a linear configuration that does not appear to function ideally as a place for passive recreational or spontaneous activities but rather merely as a generous setback to the proposed Building D to justify its breach of the height limit. This is evident in page 54 of the EAR where its states that “The proposed setback of Building D from King Street is greater than that of the Master Plan, thereby reducing the prominence of the building in the streetscape and the impact of bulk and scale.” In previous submissions on this matter, Council has consistently advised that consideration should be given to increasing the depth of the plaza, improving the geometric configuration and creating a terminating vista of higher quality to Church Street. In particular, Council has indicated that the proposed elongated square will be treated as a designated setback area that is not useable as a public open space for the community as intended for the proposed public square under the Master Plan and development consent. Council maintains that the function, form and performance of the proposed public square should be in the context of the existing Montefiore facility and the public streetscape and surrounding community that this facility is located in and is a part of.

 

4.      Residential and environmental amenity

The application does not appear to address adequately the degree of intensification of the existing use and the impact on surrounding residential uses including the increased number of staff and the attendant increases in changes to work-shift and the potential disruption to residential amenity as a result of these activities (see also related issue of staff parking below). Concern has been raised by residents regarding the disruptive effects of on-street staff parking and work shift changes associated with the existing use.  The increase in staff for the proposed expansion (amounting to an additional 53 day, 29 evening and 7 night staffs, giving a total of 89 staff) as envisaged under the Concept Plan for the proposed expansion of the facility would further exacerbate these effects.

 

5.      Car parking and Traffic

The applicant states that the existing childcare centre caters for 20 children and that this application proposes an enlargement of the childcare centre to cater for 50 children. The existing childcare centre is approved for 60 children and licensed for 80 children. The car parking and traffic analysis provided with respect to existing and future needs of the childcare centre should be reviewed to ensure that the demands for car parking/traffic and drop off/pick up are based on the higher number of children.

 

The application states that the proposal will provide for an additional 212 carparking spaces which will be adequate to meet a projected overall demand of 207 carspaces for the expanded facility including all additional staff. However, the proponent’s traffic report states that “although measures implemented by centre management has reduced the demand for on-street parking generated by people associated with the Home, it is noted that some staff may continue to park on street as is their lawful right.” Given that, with the expanded facility, there will be staff who will still choose to park on residential streets as a matter of preference, an appropriate commitment should be made by the proponent to apply more stringent management initiatives to ensure that all staff driving to work parks their cars on site.

 

Additionally, the Traffic/Parking Report appears to omit assessment of the following activities which is considered significant in any assessment of the impacts of proposal on on-street parking:

 

·           The parking assessment should assess the adequacy of the parking facilities in catering for overlapping staff shifts.

·           The report should outline the proposed allocation of parking spaces between staff members, residents, family visitors and external services, including medical consultants, tradesmen and the like.

·           The implications of any weekend peak traffic when family members are likely to pay visits. Given that the access driveways are gated, the report should indicate whether vehicles would queue and park on public roads as a result of the intensified operation.

·           Existing parking restrictions relating to kerb side spaces in the vicinity to the site.

·           Details of any short-term parking spaces within the site, including those adjacent to the main reception area.

·           As referred to above, the application needs to consider the parking needs and traffic implications of the childcare centre based on the current and proposed children numbers.

 

6       Transport and accessibility

It is noted the following details are not included in the traffic study which would be critical to assessing the traffic impacts at a micro-level in the immediate vicinity of the subject site:

 

·           Details on the direction of traffic and one-way / two-way movements of all internal roads.

·           Details on the drop-off and pick-up zones for both the aged care facility and the child care centre.

·           Access routes for service vehicles.

·           Access facilities for people with disabilities.

·           Details of on-street pedestrian safety related facilities such as pedestrian refuges.

 

7       Drainage

Whilst there are no obvious issues associated with the submitted stormwater assessment and plans it is recommended that detailed drainage related conditions of consent be referred to the Department of Planning for the Department’s assessment and consideration. Compliance with the recommended conditions of consent will ensure that all habitable floor levels, storage areas and carpark areas are protected from stormwater inundation for up to the critical 1 in 100 year storm event and that Council’s drainage infrastructure is protected and/or upgraded to council’s satisfaction.

 

8          Landscape

Whilst there are no obvious issues associated with the submitted landscape proposal it is recommended that detailed landscape related conditions of consent be referred to the Department of Planning for the Department’s assessment and consideration.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in urban design and development.

Direction 5a:      Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Public submission to the EAR will end on 22 October 2010. The above-listed matters should be included in any submission to the Department of Planning for consideration prior to the deadline for public submissions.

 

Recommendation

That Council raise the above issues in a submission to the NSW Department of Planning for their consideration prior to determination of the major concept proposal and project application.

 

 

 

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

19 October 2010

 

 

 

Director City Planning Report No. CP86/10

 

 

Subject:                  Reporting variation to Development Standard under State Environment Planning Policy No. 1 (SEPP1) for the month of September, 2010

Folder No:                   F2008/00122

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

The NSW Department of Planning (DOP) released a Planning Circular in November 2008 advising Councils to adopt additional procedures in relation to the administration of SEPP No.1. The additional measures are largely in response to the ICAC inquiry into Wollongong City Council. Those additional measures are:

 

1)     Establishment of a register of development applications determined with variations in standards under SEPP 1;

2)     Requirement for all development applications where there has been a variation greater than 10% in standards under SEPP 1 to be determined by full council (rather than the general manager or nominated staff member);

3)     Providing a report to Council on the development applications determined where there had been a variation in standards under SEPP 1;

4)     Making the register of development applications determined with variations in standards under SEPP 1 available to the public on council’s website.

 

This report is in response to point 3) above. A table is attached to this report detailing all SEPP 1s approved in the period from 1 to 30 September 2010.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

Direction 4b:      New and existing development is managed by a robust framework.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The NSW Department of Planning (DOP) released a Planning Circular in 2008 advising of additional requirements Councils are required to adopt in relation to SEPP 1 objections. This report is in response to one of those requirements whereby a report is provided to Council on the development applications determined where there had been a variation in standards under SEPP 1. 

 

Recommendation

 

That the report be received and noted.

 

Attachment/s:

 

1.

SEPP1 Register for September 2010 - A3 document

Included under separate cover

 

 

  


Ordinary Council

19 October 2010

 

 

 

General Manager's Report No. GM47/10

 

 

Subject:                  Motor vehicles and other benefits for contracted staff

Folder No:                   F2004/07337

Author:                   Geoff Banting, Director Governance & Financial Services     

 

Introduction

 

On 24 June 2008 Council adopted the strategy and action plan ‘Our People Our Outcomes’. Achievements from the Human Resources Strategy 2008-2012 are reviewed annually through the Council’s corporate reporting program and adjusted to meet changing needs and trends. This strategy details the actions and the performance indicators for human resources to meet the requirements of the Workforce Strategy, Asset Management Strategy and Long Term Financial Plan during the current four year Delivery Program.

 

To achieve the outcomes of the Randwick City Plan, Council must continue to focus on strengthening its sustainability, capability and performance. By positioning Randwick City Council as an ‘Employer of Choice’ we will reinforce our ability to attract and retain staff with the skills and abilities required for the Council to deliver outcomes for the community.

 

The workforce profile assessed the council’s current workforce capacity, identified risks and detailed a plan to ensure human resources were available and competent to meet the ongoing Randwick City Plan outcomes.

 

Attracting and retaining suitably qualified and experienced staff in senior positions has been a long term difficulty for the local government industry.

 

Issues

 

The employment catchment for Randwick City Council is stunted by its location, proximity to the city and its lack of train line. Whilst a substantial proportion of our workforce is made up of local residents, a large number of middle and upper management are from across the metropolitan area. To entice and retain these key staff leased vehicles are offered with the position regardless of operational need.

 

To attract and retain senior staff with the necessary skills, qualifications and experience, it is acknowledged that staff travel varying distances to work at Randwick City Council and this provides the challenge of maintaining contracts that provide for the ‘attraction and retention’ of senior staff. The varying travel lengths impact on both the operating costs and Fringe Benefits Tax liability (FBT) of the vehicles provided.

 

Statistics show that, for employees at Grade 12 or below, 69.5% live locally (i.e. either in the Randwick LGA or a neighbouring LGA). For coordinators, managers and directors, 39.1% live locally.

 

Contracts of Employment for the General Manager, Directors and Managers are modelled on the Department of Local Government “Standard Contract of Employment”. The remuneration provisions of these contracts require that:

 

“The total remuneration package includes salary, compulsory employer contributions and other benefits including any fringe benefits tax payable on such benefits.”

 

The motor vehicle benefits provided to senior staff have been under review for some time. The current formula for calculating contributions towards motor vehicles borrows heavily from the methodology used by the NSW Government Premier and Cabinet Department for SES/Senior Staff which is applied to all NSW public sector agencies. Guidelines for providing cars are also published by Local Government & Shires association of NSW (Last updated May 2010).

 

At this time there are 124 leaseback motor vehicles and light commercials (utilities) in Council’s fleet. Included in this figure are 24 utilities required for operational purposes and 8 vehicles used for Rangers area. As a result, there are 94 vehicles provided under contract or leaseback in accordance with existing policy. These vehicles are provided at the discretion of the General Manager essentially as an incentive to attract/retain staff.

 

All motor vehicles provided to senior staff are available as pool vehicles for council business use during normal business hours. The split between private and business use varies considerably based on demographics for individual vehicles. The current contracts for Managers, Directors and the General Manager are based on a 30% private 70% business usage.

 

In relation to costs, for staff travelling short distances, the operating costs are low, however, the FBT liability is high and conversely, for staff travelling long distances, the operating costs are high, however the FBT liability, including e-tags, is generally low. To ensure consistency and accountability in the adopted model, it is recommended that a 50:50 split be applied to contract staff vehicles. A 50:50 split recognises that the vehicle is a tool used in the attraction and retention of suitably qualified and experienced candidates to senior staff positions.  The 50% model ensures that Council remains competitive with our peers in attracting the best candidates for positions.

 

Contracts of Employment for senior staff currently contain a pre-tax component for motor vehicle contributions. A review of the packaging provisions has revealed that this is not the most tax effective way of managing FBT liabilities. Pre-tax contributions can not be used to reduce the FBT liability, whereas post–tax contributions can be used to reduce the FBT liability. Where the after tax payment is equal to the taxable value then the council’s FBT liability is negated.

 

The interpretation of this clause has been discussed directly with the Director General of the Division of Local Government. As a result staff will be required to contribute 50% of the FBT component from post-tax earnings. Any shortfall between 50% of the taxable benefit and 50% of the net operating cost may be salary sacrificed by the employee from pre-tax earnings. Any FBT liability over and above the 50% of the operating cost will be borne by Council. The proposed interpretation and methodology has been endorsed by the Director General of the Division of Local Government.

 

Relationship to the City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

Direction 1b:      Council is a leader in the delivery of social, financial and operational activities.

 

 

4 year Delivery Program Action

Action 1b.1:      Demonstrate best practice and leadership in local government.

Action 1b.3:      Maintain a high performing workforce that is responsive to the needs of the organisation.

 

Financial Impact Statement

 

It is estimated that the financial impact of the proposed changes for contracted staff will have limited impact as changes to staff contracts upon renewal or anniversary will be offset by the savings in Fringe Tax Payable by Council on an annual basis.

 

Conclusion

 

 The LGSA guidelines for providing cars, suggests that:

 

“The total of any employee payments should equal the net operating costs for the private use component plus any ATO liabilities.”

 

Staff will be required to contribute 50% of the FBT component from post-tax earnings. Any shortfall between 50% of the taxable benefit and 50% of the net operating cost may be salary sacrificed by the employee from pre-tax earnings.

 

To support this interpretation and to validate future senior staff contract provisions, the attached policy has been developed for Council’s endorsement.

 

The current 30% private and 70% business usage split for contract staff will be increased to a 50% private and 50% business usage split.  The increased senior staff contract contributions will be phased in at the employees renewal of contract or contract anniversary date, whichever is the earliest.

 

Recommendation

 

That:

 

a)     as senior staff contracts come up for renewal or anniversary, they be updated to reflect the new motor vehicle and benefits provisions based on an agreed 50% business to 50% private basis and vehicle contributions will be made post-tax to offset FBT liability.

 

b)     the ‘Motor Vehicles and other Benefits for Contracted Staff’ policy be adopted.

 

Attachment/s:

 

1.View

Draft Motor Vehicles and other Benefits for Contracted Staff policy

 

 

 

 


Draft Motor Vehicles and other Benefits for Contracted Staff policy

Attachment 1

 

 

 

 

 

 

 

Council Vehicles & other Benefits for Contracted Staff

 

 

Policy objective

 

To provide for the attraction and retention of contract staff at Randwick City Council.

 

 

Policy

 

The methodology for the calculation of operating costs and FBT for contracted staff be on a 50% business/50% private use basis.

 

Contracted staff are required to contribute 50% of the FBT component, for private use of Council motor vehicles, from post-tax earnings. Any shortfall between 50% of the taxable benefit and 50% of the net operating cost may be salary sacrificed by the employee from pre-tax earnings. Any FBT liability over and above the 50% of the operating cost will be borne by Council.

 

Provision of Council motor vehicles  and other benefits including e-tags for all Randwick City Council staff,  based on the attraction and retention of employees, is at the discretion of the General Manager.

 

 

 

 

 

 

 

 

 

 

 

Contact Officer: Director Governance & Financial Services

Date approved by Council: 19 October 2010

Date of next review:  October 2012

History of amendments: N/A

TRIM reference: D01126384


Ordinary Council

19 October 2010

 

 

 

General Manager's Report No. GM48/10

 

 

Subject:                  Randwick City Council 2009-10 Annual Report

Folder No:                   F2010/00310

Author:                   Anne Warner, Manager Corporate Performance     

 

Introduction

 

Under Section 428 of the Local Government Act 1993, the Council must prepare an Annual Report and publish it by 30 November each year. The Annual Report must also include the Audited Financial Report. Although the Local Government Amendment (Planning and Reporting) Act 2009 commenced in October 2009, no councils had formally commenced under the new framework for the 2009-10 year, thus all previous legislative requirements remain applicable.

 

Issues

 

The 2009-10 Annual Report has been prepared in accordance with the Local Government Act. The Act requires that the Annual Report include, among other requirements, the Audited Financial Reports (which have been the subject of a previous report to Council), the State of the Environment Report (as a separate report from City Planning) and access and equity activities undertaken by the Council during the year.

 

Since the adoption of the 20 year Randwick City Plan in 2006, Council has demonstrated a strong commitment and continuous improvement approach to integrated planning. In line with this approach, the section of the Annual Report that is a review of the 2009-13 Management Plan is organised according to the Randwick City Plan themes and outcomes. This provides accountability to our community regarding implementation of the 20 year Randwick City Plan, as will be required under the Local Government Amendment (Planning and Reporting) Act.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

Direction 1a:      Council is a leader in the delivery of social, financial and operational activities.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The Randwick City Council Annual Report 2009-10 meets the stipulated statutory requirements and provides the community with a snapshot of the Council and its activities during the last financial year. It outlines the prestigious awards received by the Council and the key community, business and environmental achievements over the reporting period, including:

 

·           Corporate achievements such as the Buildings for our Community program

·           The range of celebrations for Randwick’s 150 years of local government

·           Community activities partially or fully funded by the Council

·           Initiatives such as the Cultural Advisory Panel and Business Leaders’ Forums

·           New plans and policies such as the social inclusion plan and the Public Art Policy

·           Improvements to community facilities such as Bieler Reserve, DRAC and the Coastal Walkway

·           Environmental projects such as the ongoing 3-Council Ecological Footprint program and implementation of solar technology at the depot and in solar lighting.

 

Recommendations

 

That:

 

a)     the Randwick City Council 2009-10 Annual Report be received and noted;

 

b)     the General Manager be authorised to make any minor changes if required; and

 

c)     a copy of the Report be submitted to the Chief Executive, Division of Local Government, Department of Premier and Cabinet.

 

Attachment/s:

 

1.

Randwick City Council 2009-10 Annual Report

Included under separate cover

 

 

  


Ordinary Council

19 October 2010

 

 

 

Director City Services Report No. CS24/10

 

 

Subject:                  Outdoor Seniors Exercise Area

Folder No:                   F2006/00660

Author:                   Joe Ingegneri, Manager Technical Services     

 

Introduction

 

At the Ordinary meeting of 22 June 2010, Council resolved as follows:

 

“(Bowen/Andrews) that Council prepare a report to investigate the viability of trialling the concept of an outdoor seniors exercise area through the installation of exercise equipment specifically designed for seniors in a suitable location within Randwick City.”

 

Issues

 

Benefits of proposal

Exercise can have a profound effect upon older persons with the most “unfit” usually experiencing the greatest benefits.  Some of the more noticeable changes as a result of exercise may include:

 

·           Increased bone strength and joint flexibility;

·           Improved sense of well being, sleep patterns and lower levels of anxiety;

·           Increased muscular strength and physical work capacities; and

·           Decreased blood pressure.

 

Disadvantages of proposal

·           Public Liability Risk

        The provision of public fitness equipment for seniors is uncommon and therefore may result in a higher risk exposure for Council.  A full risk assessment would be required to ensure Councils liability is minimised.

 

        The suppliers of this equipment recommend that prospective users of the equipment see a Doctor prior to using the equipment or commencing a program. 

 

·           Servicing/Maintenance

        As the equipment has moving parts, regular servicing/maintenance inspections will be required.  A major inspection is recommended every 12 months and minor inspections every six months.  This will require the necessary funds to inspect and repair the equipment.

 

Site availability

The location of the proposed outdoor seniors exercise area should be one which receives a moderate to high amount of foot traffic, provides wheelchair access, and adequate parking facilities.  Potential locations are Dunningham Reserve, Grant Reserve, Alison Park, Arthur Byrne Reserve, and Jack Vanny Memorial Park.

 

The location that best meets these requirements is Jack Vanny Memorial Park.

First of its kind in NSW

The proposal to provide a dedicated outdoor seniors exercise area will be one of the first of its kind in NSW.  Outdoor senior exercise areas have been installed in Westminster, London England; and Shepherds Park, Auckland New Zealand. 

 

These areas have been hailed a success by the BBC UK and The Aucklander. They have received international media attention.  The outdoor seniors exercise area in Shepherds Park is so heavily utilised, the Birkenhead-Northcoste Community board is installing similar equipment at 2 other parks to keep up with demand.

 

Trialling of equipment

We have discussed the option of trialling the equipment with the supplier.  They advised that the equipment is fixed and would need to be installed.  This does not permit a trial to be conducted.

 

Safety of equipment

There is no current Australian Standard for outdoor fitness equipment.

 

Requests received by Council

Council has received numerous requests for an outdoor exercise area, for use by the general public.  The installation of the outdoor seniors exercise area is best suited for use by those 60 years and older.  However, it will provide a low impact work out for all users.

 

Recreational Needs study

The Recreational Needs study indicated “playground provision needs to extend beyond young children including provision of “adult” play equipment which can be incorporated into accessible playgrounds.”

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in recreation and lifestyle opportunities.

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

 

 

Financial impact statement

 

The financial implication for Council would be as follows:

 

A pre-configured circuit of 9 stations, installed                                       $27,000.00

Soft-fall for 108sqm                                                                           $16,200.00

Fencing                                                                                            $9,000.00

Signage                                                                                            $3,000.00

Estimated total cost:                                                                        $60,000.00

 

Conclusion

 

It is proposed that an initial configuration of 9 stations (comprising of 2 units per station) be installed at Jack Vanny Reserve and be monitored.  If the equipment is heavily utilised, additional stations can be added at other locations.

 

Recommendation

 

That Council considers the proposal for an Outdoor Seniors Exercise Area in Jack Vanny Memorial Park in the 2011-12 Parks Capital Works Budget.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

19 October 2010

 

 

 

Director City Services Report No. CS25/10

 

 

Subject:                  9 Judge Street, Randwick - Encroachment of Structures on Public Road Reserve

Folder No:                   F2004/07158

Author:                   Joe Ingegneri, Manager Technical Services     

 

Introduction

 

In November 2009, Randwick City Council became aware that the garage and property boundary fence of the property at 9 Judge Street, Randwick significantly encroach onto the public road.

 

The issue became apparent during the planning for the sale of the property.  The prospective purchases were aware of the extent of encroachment and made enquiries with Randwick Council on the matter.

 

The new owner was aware of the encroachment prior to the purchase of the property. Subsequent to purchasing the property, the owner has written to Council to pursue options.  We have now received a request from the owner to pursue acquisition of the public land on which stand part of the garage and boundary fence.

 

This report outlines the details and assessment of this request.

 

Issues

 

The property at 9 Judge Street , Randwick is located in a narrow cul-de-sac part of Judge Street on the corner of Dolphin Street.  Judge Street runs north/south and is divided midway by a cliff.  The property at 9 Judge Street is located to the south of the cliff.  See the aerial photograph in photograph 1 showing the locality of the property and the cliff as 16R Judge Street.

 

A 2 storey brick cottage and garage are located on the property.  The garage and front boundary fence encroach approximately 3.5m onto public land.

 

This extent of encroachment onto public land is 3.5m x 11.43m, an area of approximately 40m2. This encroachment exceeds Council’s policy on permissible encroachments.  See Attachment A for a copy of the property survey.

 

The options to address this encroachment include:

 

1.     Issue of an Order to the owner for removal of the encroachment from public land.

 

2.     Agree to the acquisition of the public land by enacting a partial closure of the public road reserve.

Photograph 1

Property Acquisition

The option allowing the acquisition of the public road reserve will result in a narrower road reserve.  The acquisition of the land will be subject to a market valuation. The acquisition of the land will increase the development potential of the property. 

 

In order for the acquisition to be possible, the subject section of land that is currently public road reserve will need to be closed under the roads act.  This process is described below.

 

Road Closure - Legislative Process

Part 4 of the Roads Act, 1993, outlines the process for the closing of a road. The roads authority may make application for the closing of a road to the Minister via the NSW Department of Lands.  The section of road in question is a local road for which Randwick City Council is the Roads Authority.  However, the Council is required to consent to the closure of the road.

 

Following receipt of an application, the Department of Lands will advertise the proposed closure and invite submissions.  The Minster will then make a decision on the proposed closure.  Should the closure be approved, the land that was previously vested in Council as local roads remains vested in Council.  The Council may then sell the land at an appropriate value.

 

Costs

There are costs associated with the application to the Department of Lands, preparation of survey plans and valuation of the land.  There will also be costs associated with relocation of services.

A utility service check has not been undertaken.  Any acquisition can only proceed with the consent of the utility authorities.

 

All costs involved in the process, including survey, legal, application and valuation costs should be borne by the applicant.

Removal of Encroachment from Public Land

The issue of an Order to remove the encroaching structures from public land will address the issue. 

 

The new owner of the property was aware of this encroachment prior to purchasing the property and was advised that the encroachment would have to be removed.

 

During the sale of the property, we received numerous enquiries regarding the property and the encroachment of the structures onto public land.  The enquiries included requests on whether the public land could be purchased.  At the time, we responded advising that the public road reserve could not be sold without closure of the road.

 

The photographs below show the dwelling and the surrounding areas:

 

 

 

 

 


Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6:       A Livable City.

Direction 6a:             Our public assets are planned, managed and funded to meet the community expectations and defined levels of service.

Key Action:               Assets are managed strategically to deliver intergenerational equity and to meet Council’s obligation as the custodian of our community’s assets.

 

Financial impact statement

 

This proposal will not require Council funding. The Council will receive money for the sale of the land should that option be pursued. The amount will be determined by valuation.

 

Conclusion

 

It is possible to agree in principle to the partial closure of Judge Street, subject to the road closure process under the Roads Act, 1993. 

 

However, prospective purchasers including the current owner were aware of the encroachment onto public road reserve.  Prospective purchasers requesting to purchase the land were advised that we cannot sell the land unless the road was closed and that Council had no plans at that stage.

 

Any proposal to partially close the road reserve now will result in inequality to the other prospective buyers of the property.

 

On this basis, it is recommended that we do not concur to the request to acquire part of the road reserve that has been encroached upon.

 

Recommendation

 

That:

 

a)     The Council not close and sell the portion of 9 Judge Street that has been encroached upon.

 

b)     The owner of 9 Judge Street , Randwick be advised of this recommendation.

 

Attachment/s:

 

1.View

Property survey

 

 

 

 


Property survey

Attachment 1

 

 

ATTACHMENT A

 

 

 


Ordinary Council

19 October 2010

 

 

 

Director Governance & Financial Services Report No. GF51/10

 

 

Subject:                  2009-10 Disclosure of Interest Returns

Folder No:                   F2010/00955

Author:                   Julie Hartshorn, Senior Administrative Coordinator     

 

Introduction

 

The Local Government Act requires Councillors and designated staff to lodge Disclosure of Interest Returns in accordance with Section 449 of the Local Government Act.  Section 450(A) of the Act requires the General Manager to keep a Resister of Returns and to table Returns at the first Council meeting after the last date for lodgement (30 September 2010).

 

Issues

 

In tabling the Register of Returns for 2009-10, I report that all Councillors and designated staff have submitted their duly completed returns within the prescribed timeframe.

 

Anyone is entitled to inspect the ‘Returns of the Interests of Councillors, designated persons and delegates’ under Government Information (Public Access) Act 2009.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in sustainability.

Direction 1c:      Continuous improvement in service delivery based on accountability, transparency and good governance.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

It is necessary for the Disclosure of Interests Returns (for the period 1 July 2009 to 30 June 2010) to be tabled at this Council Meeting for the purpose of legislative compliance.

 

Recommendation

 

That it be noted that the Register of Disclosure of Interests Returns for 2009-10 has been tabled at the Ordinary Council Meeting of 19 October 2010.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

19 October 2010

 

 

 

Director Governance & Financial Services Report No. GF52/10

 

 

Subject:                  Withdrawal of Caveat and Affixing of the Council Seal

Folder No:                   F2004/06862

Author:                   Sharon Plunkett, Property Coordinator     

 

Introduction

 

Clause 400 (Part 13) of the Local Government (General) Regulation 2005 requires that the Seal of the Council must not be affixed to a document unless the document relates to business of the Council and the Council has resolved (by resolution referring to the document) that the Seal be so affixed.

 

Issues

 

It is necessary for the Council’s seal to be affixed to the ‘Withdrawal of Caveat’ form to remove a caveat number ‘K334333’ from the title of property at 48 Broome Street, Maroubra (Folio Identifier: 63/226181).  This caveat placed a restriction on the re-sale of the said property within a period of three (3) years from the date of its acquisition by the registered proprietor, Irene Lawrie. 

 

As the date of the acquisition was 17 May 1966, the caveat is now redundant.  The removal of the caveat will enable the transfer of the property to the beneficiaries of the estate of the late Irene Lawrie.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6:       A Liveable City.

Direction 6a:      Our public assets are planned, managed and funded to meet the community expectations and defined levels of service.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

As Clause 400 (part 13) of the Local Government (General) Regulation requires that the Council pass a resolution authorising the Affixing of the Seal, it is necessary for this action to take place to facilitate legal formalities.

 

Recommendation

 

That the Council’s Seal be affixed to the withdrawal of caveat form for the property at 48 Broome Street, Maroubra also known as Lot 63 in DP 226181.

 

Attachment/s:

 

1.View

David Marinic & Associates - 48 Broome Street Maroubra - Estate Of The Late Irene Lawrie - Request For Removal Of Caveat

 

 


David Marinic & Associates - 48 Broome Street Maroubra - Estate Of The Late Irene Lawrie - Request For Removal Of Caveat

Attachment 1

 

 








Ordinary Council

19 October 2010

 

 

 

Director Governance & Financial Services Report No. GF53/10

 

 

Subject:                  Investment Report - September 2010

Folder No:                   F2004/06527

Author:                   Greg Byrne, Manager Financial Operations     

 

Introduction

 

The Local Government (General) Regulation requires that the Responsible Accounting Officer provide a written report to the ordinary meeting of the Council giving details of all monies invested and a certificate as to whether or not the investments have been made in accordance with the Act, the regulations and Council’s Investment Policy.

 

Issues

 

Council is authorised by s625 of the Local Government Act to invest its surplus funds. Funds may only be invested in the form of investment notified by Order of the Minister dated 31 July 2008. The Local Government (General) Regulation prescribes the records that must be maintained in relation to Council’s investments.

                         

The table in this report titled “Investment Register–September 2010” outlines the investment portfolio held by Council as at the end of September 2010. All investments have been made in accordance with the Act, Regulations and Council's Investment Policy.

 

Investment Commentary

 

The size of the investment portfolio may vary significantly from month to month as a result of cash flows for the period. Cash outflows (expenditure) are typically relatively stable from one month to another. Cash inflows (income) are cyclical and are largely dependent on the rates instalment due dates and the timing of grant payments including receipt of the Financial Assistance Grant.

 

Expenditure during the period was incurred for capital works, payroll and miscellaneous expenses. Main income sources were rates income, grants and miscellaneous fees and charges.

 

The investment portfolio decreased by $2.001 million during September 2010. The decrease is representative of negative cash flow for the month as expenditure exceeded income. There was an unrealised capital gain on investments for September of $8,600.

 

 

 

 

 

 

 

 

The above graph illustrates the movement in the investment portfolio from July 2004 to September 2010. Peaks are representative of the rates instalment periods.

 

 

The above graph illustrates the movement in the investment portfolio for the past twelve months.

 

The investment portfolio is diversified across a number of investment types and is spread across a number of financial institutions. The various investment types may include managed funds, term deposits, rolling rate investments, floating rate notes and on‑call accounts.

 

The following graph indicates the allocation of investment types held at the end of September 2010.

 

 

The investment portfolio is regularly reviewed in order to maximise investment performance and minimise risk. Comparisons are made between existing investments with available products that are not part of Council's portfolio. Independent advice is sought on new investment opportunities.

 

The following graph shows the investment returns achieved against the UBS Bank Bill Index and the official Reserve Bank of Australia (RBA) cash interest rate for the period September 2004 to September 2010.

 

 

The following graph shows the investment returns achieved against the UBS Bank Bill Index and the official Reserve Bank of Australia (RBA) cash interest rate for the previous twelve months.

 

 

Investment performance for the financial year to date has been above the industry benchmark UBS Australian Bank Bill Index with an average return after fees of 5.33%, compared with the benchmark index of 4.96%.

 

The official Reserve Bank of Australia (RBA) cash interest rate remained unchanged at 4.50% at the September 2010 meeting (N.B The RBA rates continued to remain unchanged at the October 2010 meeting.)

 

Ministerial Investment Order

In late 2007, the NSW Government commissioned a review of NSW local government investments. The review, known as the Cole Report included eight recommendations that were all adopted by the NSW Government and incorporated into the latest Ministerial Investment Order dated 31 July 2008.

 

The Ministerial Investment Order includes transitional arrangements that allow councils to continue to hold investments that were made in compliance with the previous Ministerial Order dated 15 July 2005. Council’s investment portfolio contains a number of investments that fall into this category including both Managed Funds and Structured Products.

 

Managed Funds

The investment portfolio includes $5.565 million in managed funds. The following table depicts the latest information in respect to these products.

 

Investment

Product Type

Credit

Rating

Par Value

Market Value

LGFS Fixed Outperformance Cash Fund

Floating Rate Fund

A

3,040,323

3,040,323

Blackrock

Care & Maintenance Fund

Collective Investment

Not Rated

2,525,312

2,540,543

 

The LGFS Fixed Outperformance Cash Fund pays a floating rate return of 0.50% above the 90day BBSW index.

The Blackrock Care & Maintenance Fund was created following the closure of the Blackrock Diversified Credit Fund. This new fund is referred to as a “Collective Investment” and is closed to any new deposits or withdrawals. Proceeds of the fund are distributed to investors as the underlying investments reach maturity or the fund manager considers it an opportune time to sell the investments at current market rates.  The purpose of the fund is to limit the financial losses that would have occurred if the underlying assets were sold at market prices at the time that the original fund was wound up.

 

Structured Products

The investment portfolio includes $2.00 million in structured products. The following table depicts the latest information in respect to these products. The risk rating is assigned by Council’s investment advisor. 

 

Investment

Product Type

Credit

Rating

Par Value

Market Value

Risk Rating

Maturity Date

CBA

Shield Series 21

Capital Protected Note

AA

1,000,000

1,201,560

Low

28/02/11

Longreach

Series 33 (STIRM)

Capital Protected Note

A+

1,000,000

1,195,200

Low

10/05/13

TOTAL

 

 

2,000,000

2,396,760

 

 

 

Floating Rate Notes

The investment portfolio includes $8.00 million in floating rate notes (FRN). The Royal Bank of Scotland FRN was purchased at a capital price of $2,025,000.00. The premium of $25,000 is being amortised on payment of the quarterly coupons, with the amortised amount for the 2009/10 year being $7,875.28 bringing the book value to $2,017,125.

 

The Deutsche Bank FRN was purchased at a capital price of $1,950,840. The discount of $49,160 is being amortised on payment of the quarterly coupons, with the amortised amount for 2009/10 year being $10,731 bringing the book value to

$1,961,571.  A further amount of $3,656 was amortised during July.

 

The overall realised gain for the life to date of both FRN’s is $6,512.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

Direction 1c:      Long term financial viability is achieved.

 

Financial impact statement

 

Funds are invested with the aim of achieving budgeted income in 2010-11 and outperforming the UBS Australian Bank Bill Index over a 12 month period.  The budget provision for income from this source is $2,056,772.00. Investment income to 30 September 2010 amounted to $602,961.15.

 

Following is the detailed Investment Report – September 2010


Conclusion

 

All investments as at 30 September 2010 have been made in accordance with Council Investment Policy. All investments meet the requirements of s625 of the Local Government Act and the Local Government (General) Regulation.

 

Changes to the economic climate and financial markets are being closely monitored. Appropriate adjustments to the investment strategy will continue to be made as required.

 

Recommendation

 

That the investment report for September 2010 be received and noted.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

19 October 2010

 

 

 

Director Governance & Financial Services Report No. GF54/10

 

 

Subject:                  Matraville Town Centre Action Plan - Short Term Projects Undertaken by Economic Development Officer

Folder No:                   F2010/00091

Author:                   James Farrar, Economic Development Officer     

 

Introduction

 

As part of Council’s Economic Development Strategy, the Matraville Town Centre Action Plan was developed and includes actions to specifically revitalise the Matraville Town Centre. At its ordinary meeting held 27 July 2010 Council resolved to adopt the Matraville Town Centre Action Plan and prioritise and implement all the short term actions contained in the Action Plan as soon as possible.

 

This report identifies and addresses a number of these short term actions which will be undertaken by Council’s Economic Development Officer. There are actions to attract visitors to the Town Centre including local growers markets, stronger links with the school and local community and making contact with local businesses to provide information about development opportunities in Matraville.

 

Issues

 

The Matraville Town Centre Action Plan 2010 developed by Consultants SGS Economics and Planning includes actions discussed at two rounds of community consultations with the aim of rejuvenating the area specifically the main street of Matraville.

 

The relevant short term actions, from the Matraville Town Centre Action Plan, are as follows:

 

Action 1.2.2 - Plan for a local market to be held within Matraville Centre

To increase pedestrian traffic to the main street of Matraville a monthly or seasonal growers market could be held at St Agnes School or other venue along the Bunnerong Rd commercial area. This would encourage visitors and cater for a lack of produce available in the immediate area. The Economic Development Officer can contact Hawkesbury Harvest or similar provider to look into options for a growers market.

 

Action 1.3.1 - Provide summary information directly to land and business owners, and on Council’s website, which highlights the opportunities for development within the existing planning controls at Matraville

To encourage the appropriate level of development, Council can provide developers and owners with development control information. Consultation suggests that land owners and businesses are ill-informed and a direct mail out of the Matraville Development Control Plan would be helpful.

 

Action 3.1.2 Negotiate with St Agnes Primary School to build stronger links with the local community

As above the School along the main street of Matraville could be more involved as a focal point to be used for community functions and local events.

 

Action 3.1.4 Improve Council communications with the local business community by contacting businesses annually

Council’s Economic Development Officer can work to improve lines of communication between local businesses and Council by contacting businesses regularly and attending local business functions.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 8:       A Strong Local Economy.

Direction 8b:      Vibrant town centres that adequately serve the community and foster support for local business activity.

Direction 8d:      Develop and strengthen effective partnerships with key locally based organisations.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The Matraville Town Centre Action Plan requires Randwick City Council to engage various stakeholders to work together to help revitalise the Town Centre. By working directly with the local Matraville community, Council’s Economic Development Officer can ensure all of the abovementioned actions are implemented in the short term to assist in this revitalisation.

 

Recommendation

 

That Council’s Economic Development Officer commences work on these projects, to be completed within six months, with a report on the outcomes to come back to Council for consideration.

 

Attachment/s:

 

Nil

 

  


Ordinary Council

19 October 2010

 

 

 

Motion Pursuant to Notice No. NM46/10

 

 

Subject:                  Motion Pursuant to Notice from Councillor Belleli - Report on trials for Countdown Timers at traffic lights

Folder No:                   F2005/00825

Submitted by:          Councillor Belleli, South Ward     

 

 

That a report come back to Council regarding the outcome on City of Sydney Council’s trial of countdown timers on the walk signal at traffic lights to improve pedestrian safety.

 

 

 

 


Ordinary Council

19 October 2010

 

 

 

Motion Pursuant to Notice No. NM47/10

 

 

Subject:                  Motion Pursuant to Notice from Councillor Andrews - Rezoning Malabar Headland

Folder No:                   F2004/06759

Submitted by:          Councillor Andrews, Central Ward     

 

 

That Council consider rezoning the western area of the Malabar Headland once returned to the public by the current Federal Government (as promised) currently zoned 2A residential to 6A public open space.

 

 

 

 


Ordinary Council

19 October 2010

 

 

 

Motion Pursuant to Notice No. NM48/10

 

 

Subject:                  Motion Pursuant to Notice from Councillor Bowen - Monument for the former Mayor John McDougall

Folder No:                   F2004/06577

Submitted by:          Councillor Bowen, East Ward     

 

 

That:

(a)    the Council prepare a report on the feasibility of restoring the monument to former Mayor John McDougall at Randwick General Cemetery.

(b)    Council liaise with the Randwick & District Historical Society about including a reference to the grave of former Mayor John McDougall on the Council website and other appropriate publications as a matter of local historical interest.