Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 12 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee

12 October 2010

 

 

 

 

 

 

 

 

 

 

 

Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 12 October 2010 at 6:00pm.

 

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

 

Quorum:                           Eight (8) members.

 

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

 

Apologies/Granting of Leave of Absences 

 

Confirmation of the Minutes  

Planning Committee Meeting - 14 September 2010

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

Address of Committee by Members of the Public

 

Urgent Business

 

Development Application Reports

D75/10      22 Mirrabooka Crescent, Little Bay

D76/10      13 Neptune Street, Coogee

D77/10      7 Northumberland Street, Clovelly

D78/10      19 Franklin Street, Matraville

D79/10      93 Yorktown Parade, Maroubra

 

Miscellaneous Report

M20/10     8 Davidson Crescent, Maroubra (Deferred)     

 

Notice of Rescission Motion

NR7/10      Notice of Rescission Motion submitted by Crs Matson, Smith & Woodsmith - 491 Bunnerong Road, Matraville

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee

12 October 2010

 

 

 

Development Application Report No. D75/10

 

 

Subject:                  22 Mirrabooka Crescent, Little Bay

Folder No:                   DA/224/2010

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Land subdivision of allotment into two lots (SEPP 1 due to non compliance with lot sizes)

Ward:                      South Ward

Applicant:                A Kilcran

Owner:                         A Kilcran

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.    Executive Summary

 

The proposed development is for the subdivision of the existing property into two allotments as follows;

 

a)     Lot 1 having a site area of 487m with a frontage of 20.235m to Alkoo Avenue,

 

b)     Lot 2 having a site area of 354m with a frontage of 14.72m to Alkoo Avenue.

 

Proposed lot 2 is below the minimum standard of 400sqm required for 2A zoned land under Clause 20B of the Randwick Local Environment Plan 1998 (RLEP). The proposed allotment size is greater than a 10% variation to the standard and the Department of Planning requires that applications with variations greater than 10% to development standards to be referred to Council for determination.

 

The applicant has included an objection under State Environmental Planning Policy No.1 – Development Standards, and has argued that strict compliance with this Clause of the Randwick Local Environmental Plan is unreasonable and unnecessary. In assessing the applicants SEPP 1 objection the following matters are addressed;

 

●    The proposed allotments are consistent with the majority of lot sizes and subdivision pattern in the immediate locality.

 

●    The variation to the development standards will not hinder the compliance with the relevant preferred solutions of the Development Control Plan for Dwellings and Attached Dual Occupancies.

 

●    The creation of the two new allotments maintain the low density residential character of the locality.

 

The existing allotment has a site area of 841m2 and as such is appropriately sized to allow the subdivision. The breach of the standard results from the irregular nature of the allotment with one of the lots being sized larger than the other. Hence, the SEPP1 objection is considered well founded and the proposed subdivision is consistent with the purpose of the standard which seeks to prevent subdivisions occurring on lots less than 800m2.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details the proposed torrens title subdivision of the site into two allotments.

 

The proposal lots are;

 

●      Lot 1, 487sqm. with a frontage of 20.235m.

●      Lot 2, 354sqm, with a frontage of 14.72m.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the northern side of Mirrabooka Crescent on the corner of Alkoo Avenue with a residential area that includes a mixture of single and two storey dwellings and attached dual occupancies and multi unit housing development. The site has a frontage of 33.285m to Mirrabooka Crescent and 34.955m to Alkoo Avenue. At present on site there is a two storey dual occupancy development which fronts Alkoo Avenue.

 

4.    Site History

 

The site was the subject of a Development Application, 714/2001, which detailed the demolition of the existing dwelling and construction of a two storey dual occupancy development. The development has recently been completed and an occupation certificate has been issued by the certifier.

 

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

 

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

 

Pursuant to Clause 20B of the Randwick Local Environmental Plan 1998 the minimum allotment size resulting from subdivision in 2A zones is 400sqm with each allotment having a frontage of at least 12m. The proposed variation is summarized in the table below:

 

 

Site area and frontage

Proposal

Lot 1, 487sqm with a frontage of 20.235 and Lot 2, 354sqm with a frontage of 14.72m

LEP development standard

Minimum lot sizes of 400sqm and frontage of 12m.

Excess above or less than the LEP standard

The resultant lot area of lot 2 represent 11% less than the minimum area.

 

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

 

Matter 1

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

 

Minimum allotment sizes Clause 20B

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

 

“To establish minimum requirements for the subdivision of land within residential zones in order to protect and improve local amenity”.

 

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

 

-      The proposal complies with the minimum frontage requirements for dual occupancy development.

-      At the time of the original development consent there was no minimum allotment size for each allotment for the subdivision to create allotments for existing dwellings in an attached dual occupancy within a 2A zone.

-      The differing allotment size arises because of the unusual block configuration.

-      Only one lot is below the minimum standard.

-      Subdivision into separate allotments would not result in a significant reduction in lot sizes in this 2A zone.

-      Varying the control meets the intent of the objectives of the 2A zone, and the proposal is consistent with the objectives of the 2A zone and will not result in any additional adverse impacts on the neighbouring dwellings or the locality.

-      The subdivision is compatible with the surrounding environment and the historical context of development.

-      The proposed lot sizes generally conform to the main subdivision pattern for allotments within the locality, especially for dual occupancies, and will not lead to an undesirable precedent as the proposed development is consistent with the predominant subdivision pattern in the immediate area

 

The submitted SEPP 1 objection has addressed the consistency of the proposed development with the underlying and stated purposes of the standard, the local planning objectives for the locality and objectives of the Act. The objection has appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case, particularly as the proposed subdivision is consistent the existing and desired subdivision pattern.

 

Matter 2

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

 

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

 

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

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

 

Comment

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

 

The proposal is also consistent with the relevant objectives of Residential 2A Zone in that it will allow for development which is consistent with the desired character of the locality.

 

Matter 3

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

 

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

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

Comment

The proposed development and variation from the development standards do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standards will not allow the best use of the site and allow the site to be developed in a consistent and orderly manner. 

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

Comments:

As discussed above, strict compliance with the development standards is unreasonable and unnecessary as the design scheme will achieve the objectives of the development standard.

Second

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

Comments:

The underlying objective or purpose of the standards is relevant to the subject development.

Third

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

Comments:

The underlying objective of the standards would not be defeated or thwarted as full compliance in this instance is unreasonable.

Fourth

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

Comments:

The minimum allotment sizes have not been abandoned or discarded by any decision or actions of Council.

Fifth

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

Comments:

The existing Residential 2A zoning is not considered to be inappropriate for the locality.

 

6.    Community Consultation

 

The proposal has been notified in accordance with the DCP – Notification. No submissions have been received.

 

7.    Technical Officers Comments

 

The application has been referred to Council’s Development Engineers for consideration. Comments and conditions have been provide for inclusion with any consent granted.

 

8.    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 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

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

Clause 10 Zone 2A

The proposed subdivision does not comply with the minimum allotment size standard required under Clause 20B of the RLEP. Whilst the shortfall is not significant it is considered the circumstances of the case with regards to the existing subdivision pattern means that the proposed development may be supported. In particular, the proposed subdivision will not detract from the aesthetic character, environmental qualities and social amenity of the locality as the remainder of this and the subject streets contain similarly dimensioned allotments.

 

Overall, the proposal is considered to be consistent with the general aims of RLEP and the specific objectives of the zone in that the proposed subdivision will maintain the existing subdivision pattern in the street.

 

Clause 20B – Minimum Allotment sizes

Clause 20B sets out minimum standards for the subdivision of land within a 2A zone.

This clause relates to land subdivision and is therefore applicable. The minimum allotment size for the subdivision of land within a 2A zone is 400m with a 12m frontage. In this respect the proposed development for Torrens title subdivision into two lots does not comply as shown in the table below.

 

Residential

Clause No.

Requirement

Provided

Compliance

20B– Minimum allotment sizes Zone 2A

The minimum allotment size for subdivision of allotments in 2A zone is 400m², with each allotment having a frontage of at least 12m. 

Two lot subdivision for lots 1 & 2 with 487sqm for lot 1 and 354msqm with frontages to each lot that exceed with the minimum of 12m.

No1

1Objection under SEPP No. 1 provided in support of non-compliance.

 

 


Clause 21 - Subdivision

Clause 21 of RLEP98 requires Council’s consent for subdivision works. The applicant has provided draft subdivision plans to Council for assessment and approval and this complies with the requirements of the RLEP in relation to subdivision.

 

Clause 22    Services

Clause 22 states that Council may grant consent to the carrying out of development where it is satisfied that adequate facilities for water supply, sewage removal/disposal and drainage are available. If approval is granted for this application, a condition will be applied requiring a Section 73 Compliance Certificate under the Sydney Water Act 1994 to be obtained from Sydney Water Corporation.

 

9.    Environmental Assessment

 

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

 

The proposal is for the subdivision of the allotment only and does not propose any building works which will result in any impacts upon the amenity of the adjoining property or the established characteristics of the locality.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Excellence in urban design and a healthy environment

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed subdivision is permissible with development consent under the Randwick Local Environmental Plan and will provide for two allotments which are consistent with the others in this and the surrounding residential streets and will enable for the orderly and economic development of the allotment.

 

 

Recommendation

 

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

 

B.       That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 224/2010 for the subdivision of the 22 Mirrabooka Crescent, Little Bay subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans reference 101/0423, dated 29/03/10 and received by Council on 6 April 2010, the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       The 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.

 

The following conditions are applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works.

 

3.       A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the website www.sydneywater.com.au then refer to “Water Servicing Coordinator” under Developing Your Land” or telephone 13 20 92 for assistance.

 

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

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the plan of subdivision.

 

4.       The applicant shall create suitable rights of carriageway, easements for services, support and stormwater lines, as required. The applicant is advised that the minimum easement width for any stormwater line is 0.9 metres.

 

5.       All conditions of this development consent and DA/714/2001 shall be satisfied prior to the issuing of a subdivision certificate.

 

6.       A "restriction on the use of land” and “positive covenant" (under section 88B of the Conveyancing Act 1919) shall be placed on the title of proposed Lot 2, in conjunction with the registration of the proposed plan of subdivision for this property, to ensure that any future onsite detention system is maintained and that no works which could affect the design function of the detention system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

Notes:

The "restriction as to user and positive covenant" are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer John Flanigan on 9399 0924.

 

 

7.       A formal subdivision application is required to be submitted to and approved by the Council and all conditions of this development consent are required to be satisfied prior to the issuing of the subdivision certificate.

 

Attachment/s:

 

Nil

 

 


Planning Committee

12 October 2010

 

 

 

Development Application Report No. D76/10

 

 

Subject:                  13 Neptune Street, Coogee

Folder No:                   DA/356/2010

Author:                   David Mooney, Environmental Planning Officer     

 

Proposal:                     Alterations to the existing dwelling and construction of a new one bedroom apartment above the dwelling, demolition of the existing garage and construction of a new triple garage with terrace above fronting Neptune St, reconfigured entry, new lift, and associated landscaping

Ward:                      East Ward

Applicant:                Robin Dyke

Owner:                         Nina and Richard Finlayson

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.    Executive Summary

 

This development application is referred to the Planning Committee for determination because there is a SEPP 1 objection to landscaped area that is more than 10% of the development standard.

 

The proposal involves a new 1 bed apartment above the existing dwelling and a new 3 car garage abutting the street boundary replacing the existing 2 car garage in the same place.

 

The site is on the southern side of Neptune St between Beach St and Dundas St, Coogee. It has frontage of 12.19m depth of 45.67m and area of 556.7m2 (by deduction). It slopes moderately on a northerly aspect with a steep drop-down to street level at the front of the site.

 

The SEPP 1 objection to landscaped area is well founded and can be supported because the proposal achieves the purpose for the development standard.

 

There was an objection from a neighbour on the grounds of view-loss. The assessment report considers view-loss in detail and finds the proposal acceptable.

 

The proposal satisfies the relevant environmental and assessment criteria and the Assessing Officer recommends approval, subject to conditions.

 

2.    The Proposal

 

The proposal involves alterations to the existing dwelling and construction of a new one bedroom apartment above the dwelling, demolition of the existing garage and construction of a new triple garage with terrace above fronting Neptune St, reconfigured entry, new lift; and associated landscaping.

 

3.    The Subject Site and Surrounding Area

 

The site is on the southern side of Neptune St between Beach St and Dundas St, Coogee. It has frontage of 12.19m depth of 45.67m and area of 556.7m2 (by deduction). It slopes moderately on a northerly aspect with a steep drop-down to street level at the front of the site. There is a single dwelling on the site, with a double garage abutting the front boundary and a detached shed in the back yard. There are apartment buildings to the south and east, and a large free-standing home to the west.

Photo 1. The subject site and surrounding area

 

4.    Site History

 

DA/471/1989, alts & adds to existing dwelling house

DA/366/1990, alts & adds to existing dwelling house

DA/366/1990/A, amend condition 7 of consent granted 20/4/90

DA/366/1990/B, modify condition 7 of consent granted 20/4/90 as amended 24/7/91

 

5.    State Environmental Planning Policy No 1

 

The proposal has landscaped area 42% of the site area, which is less than the 50% required by Clause 20E Randwick LEP 1998.

 

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

 

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

 

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

 

Landscaped area: To operate together with controls for floor space ratio and building height to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area.

 

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

 

Applicant’s SEPP 1 Objection for floor space ratio

 

While the proposed alterations and additions to Number 13 do not meet council’s [landscaped area development standard] as outlined in clause 31, we believe that the application should be supported on the basis of its design merits, of the precedent already set in the street, of the existing building envelope, and of the fact that there will be a minimal impact on the adjoining properties.

 

The proposal sits well within the LEP’s maximum height limits, and maintains the existing setbacks to the front, rear and side boundaries. Two to three storey developments with limited side boundary setbacks prevail in Neptune Street, for example the three storey block of units directly to the east of number 13.

 

By constructing the first floor directly over the existing side boundary walls the alterations are sympathetic to the design of the existing house and consistent with the bulk and scale of the surrounding properties. As a result, the percentage of landscaped area on the site is also maintained. As outlined by Clause 49 Definitions, the proposed alterations and additions achieve a landscaped area of just over 42% (235.4m²), which is consistent with the existing condition.

 

In addition, the privacy, views, solar access and overshadowing of the adjoining properties have been considered in the design of the proposed alterations and additions to number 13 and we believe that there will be no adverse impact on either property.

 


Assessing Officer’s Assessment

 

The applicant’s case is well founded:

 

·      The addition is primarily contained within the existing building footprint and there are limited impacts on the privacy, solar access and amenity of the adjoining sites as described in the DCP compliance table in this report.

 

·      There is adequate recreational space and soft landscaped area in the proposal. Soft landscaping complies with the development standard (25% of the site) and recreational space complies with the preferred solutions in the DCP.

 

·      Change to the existing landscaped area is minor. It is a result of widening the existing double garage by 3m to add a third parking space. Full width garages abutting the front boundary are the norm for this section of Neptune St and not the exception as can be seen in the photomontage below. The proposal is compatible with the character of the area.

 

Photo 2. Photomontage of the proposed development.

 

 

Matter 2: The Court must be of the opinion that “granting of consent to that development application is consistent with the aims of this Policy as set out in clause 3” (clause 7 of SEPP 1).

 

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

 

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

 

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

 

Assessing Officer: The applicant has presented a case to establish that compliance with the standards would not hinder the attainment of the objects of the Act. The proposed development would have an acceptable impact on the character of the locality and this is consistent with the objects as quoted in the SEPP. The variation from the floor space ratio standard is consistent with the aims of SEPP 1 as it would not detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

 

Matter 3: The Court must be satisfied that a consideration of the matters in clause 8(a) and (b) of SEPP 1 justifies the upholding of the SEPP 1 objection. The matters in clause 8(a) and (b) are:

 

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

 

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

 

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

Table - Establishing compliance is unreasonable or necessary

Method

Assessment

First

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

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

Assessing Officer: As discussed above, strict compliance with the development standards is unreasonable and unnecessary as the design scheme will achieve the objectives of the development standards.

Second

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

Assessing Officer: The underlying objective or purpose of the standards is relevant to the subject development.

Third

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

Assessing Officer: The underlying objective of the standards would not be defeated or thwarted as full compliance in this instance is unreasonable.

Fourth

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

Assessing Officer: The standards have not been abandoned or discarded by any decision or actions of Council.

Fifth

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

Assessing Officer: The existing Residential 2C zoning is appropriate for the site.

 

6.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development and the application was advertised in the local press in accordance with the DCP – Public Notification.  As a result of this notification and advertising, the following submissions were received:

 

·      5/4 Dundas St, Coogee.

Issue

Comment

Loss of views and consequent devaluation of property.

View sharing is considered in the Environmental Assessment section of this report and is acceptable.

 

7.    Technical Officers Comments

 

Development Engineers

 

An application has been received for alterations to the existing dwelling and construction of a new one bedroom apartment above the dwelling, demolition of the existing garage and construction of a new triple garage with terrace above fronting Neptune St, reconfigured entry, new lift; and associated landscaping at the above site.

 

This report is based on the following plans and documentation:

·      Statement Of Environmental Effects by Jackson Architecture stamped by Council 18th May 2010;

·      Architectural Plans by Jackson Architecture dated 12th May 2010.

·      Geotechnical report Jeffrey and Katauskas Pty ltd

·      Additional footpath and driveway information by Jackson Architecture stamped by Council 4th June and 7th July 2010;

 

Parking Comments

Parking has been calculated as per council’s DCP-Parking which states the following rate for multi-unit dwellings;

1 bedroom unit = 1 space

2 bedroom unit = 1.2 spaces

3 bedroom unit = 1.5 spaces

 

The submitted plans indicate the provision of two units with Unit 1 consisting of basically the existing dwelling with 4 bedrooms and Unit 2 consisting of a new 1 bedroom unit above unit 1.

Parking required = 1.5 + 1 =2.5 spaces (say 3 spaces)

 

Parking provision = 3 spaces

 

The applicant has complied with Council’s parking requirement with the provision of 3 spaces being provided within the proposed garages at the front of the property.

 

Driveway/Garage Comments

Development Engineering had concerns that due to the uneven grade of Council’s footpath which is a result of it being modified to fit the existing the garages,  the new garages will not align with the footpath well and create unacceptably high grades for vehicle leading into the proposed carspaces. This may result in cars scraping as they enter and exit the new garages. Additional information was requested including longsections into the new garages and new proposed alignment levels along the Neptune Street frontage. The footpath has to be altered somewhat to better align the garages with the natural fall of the street as currently it has been altered to align with the existing garage.

 

The applicant has submitted additional information demonstrating vehicular access can be achieved into the new garages although Development Engineering still have some concerns especially with Section 1 that could result in vehicles scaping as they enter the new driveways. The main problem is the unusually high camber (crossfall) in Neptune street and can be rectified by raising the gutter levels using a pickup/runoff technique to provide satisfactory vehicle clearance. A condition detailing this has been added to this report.

 

Landscape Comments

While the 4 metre tall Metrosideros excelsa (NZ Xmas Tree) on Council’s Neptune Street verge, in line with the western site boundary, appears in reasonable health and condition and is shown as being retained, this species is in general decline throughout the Randwick LGA due to a combination of old age and pest attack, with large quantities having been removed from both nature strips and public parks.

 

Excavations associated with the new vehicle crossing will be performed about 2m to its east, at the extent of its eastern aspect and root system, with conditions in this report requiring that it be removed and replaced with a more reliable native coastal species, at the applicant’s cost.

 

There is no significant vegetation within the front setback, but as numerous garden areas and raised planters are shown here, conditions specify that a high quality treatment that will both improve and soften the appearance of the proposed works on the public domain be provided in these areas.

 

In the rear yard, along the eastern boundary, between the southeast corner of the existing dwelling and the existing shed, there is a stand of seven (7) Allocasurina glauca (Swamp She Oaks) varying in height between 4-10 metres in height.

 

No objections are raised to removing the smaller specimens to avoid overcrowding in this area as has been shown, providing the three larger, most dominant trees in this group are retained, as they will maintain a balance between the natural environment and the built forms at this site, with relevant conditions to this effect provided.

 

Further to the southeast, right in the southeast corner of the site, there is a 6 metre tall Allocasurina torulosa (Forest Oak) which is in poor condition due to the past pruning of several major vertical leaders which has reduced its safe life span, and while sited away from all works, can be removed on this basis. 

 

There is no other significant vegetation in this rear yard, with the 6m high Lagunaria patersonii (Norfolk Island Hibiscus) growing on the adjoining property to the west, 11 Neptune Street, not to be affected, with conditions not required.

 

      Manager Environmental Health and Building Services

 

The proposal

Alterations and 1st floor additions to the existing single storey dwelling to create a separate occupancy and form a dual occupancy.

 

BCA Building Classification

Class 2 – Residential units

 

Description of the Building

In summary, the building incorporates:

 

§ A ‘rise in storeys’ of two

§ Masonry walls, tiled roof and timber floors

§ One exit stairway, of timber construction

§ A total of 2 sole occupancy units, 1 on each floor level

§ External balconies

§ Side boundary building setbacks of approximately 1300mm

 

Key Issues

Building Code of Australia (BCA):

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

 

Site Management:

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

 

8.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

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

 

Clause 12 Zone Objectives

The proposal is permissible with development consent in the 2C zone as multi-unit housing. The proposal is compatible with the relevant zone objective:

 

The objectives of Zone No 2C are:

(a)  to provide for a medium density residential environment, and

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

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

Part 2b Principle Development Standards

Development standards for landscaped area, floor space ratio and building height apply. The table below shows a compliance check. Non-compliance with floor space ratio and building heights are addressed in the SEPP 1 section of this report and are acceptable.

 

Part 2b Principle Development Standards

Standard

Assessment

Landscaped Area: Minimum 40%

42% Does not comply.

Floor Space Ratio: Maximum 0.65:1

0.55:1 Complies.

Building Heights: Maximum 10m/12m

10m/10m Complies.

 

Clause 29 – Foreshore Scenic Protection

The proposal includes refurbishments and overall the development is presented in a contemporary and aesthetically inoffensive manner. The proposal satisfies the aesthetic consideration requirements of Clause 29:

 

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

 

Purpose: To protect and improve the visual qualities of visually prominent areas along the coast

 

SEPP (Building Sustainability Index: BASIX) 2004.

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

 

Section 94A Development Contributions

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

 

Category

Cost

Levy

S94A Levy

Development cost more than $200000

$997,221.00

1.0%

$9,972.00

 

Development Control Plan – Multi-Unit Housing

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

Site analysis submitted. Satisfactory.

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

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

12.19m. Does not comply. See assessment

P3 Development on corner sites responds to both street frontages.

 

 

Not applicable.

Height

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

 

Proposal complies with external wall height and overall height specified in Cl20G RLEP 1998.

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

 

 

Proposed building is appropriately moderated. Satisfactory.

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

Front setback maintains existing building-line for garage and for main building.

P2  Side boundary setbacks

Side setbacks to ensure:

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

 

S2  Zone 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

(Addition only)

East boundary

Minimum 1.32m

Average 1.32m

Length 12m

 

West boundary

Minimum 1.25m

Average 1.63m

Length 7.3m

 

Does not comply – See Environmental Assessment

P3  Rear Boundary Setbacks

Ensure that:

§ Solar access and overshadowing are minimised.

§ Privacy between neighbouring dwellings and their open spaces provided.

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

§ Building built across site.

S3  Zone 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

Maximum length of wall without articulation 10 metres.

(Addition only)

Minimum: 24m

Average: 24m

Length: 9.6m

Complies

P4  General

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

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

No devices encroach by 25% or more of the preferred solution.

Density

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

 

Proposal complies with Floor Space Ratio standard in Randwick LEP 1998

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.

 

Front boundary wall/fence exceeds these requirements but are compatible with the immediate streetscape. Satisfactory.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1 Minimum for landscaped area 2 metres.

Landscaped area is 38% and less than the development standard specified in Cl20E. Landscaped area assessed in SEPP 1 section of report.

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

 

Areas are not ‘allocated’ but layout and low density use lends to future allocation of much of the areas around the building to one unit. Not strictly compliant, but satisfactory in the circumstances.

P3  Private Open Space

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

 

Good size private open spaces are provided with direct access to living areas and adequate functionality. Satisfactory.

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

 

Upper dwelling has a balcony facing the street. It is adequately integrated with the street façade. Satisfactory.

P5  Townhouses

Each dwelling is provided with an area of useable private open space or courtyard area, at ground or podium level.

S5 Minimum area of 25m2 and a minimum dimension of 3 x 4 metres.

Ground level unit at least 90m2 with minimum dimension of approximately 6m. Complies

P6  Flats and apartments

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

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

Upper unit has 23m2 with minimum dimension of 2.96m. Complies.

Privacy

P1  Visual Privacy

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

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

The new balcony at the front of the site is protected with side privacy screens. Existing ground level terrace at the rear of the site is at and below ground and does not require privacy measures to be installed. There is no additional overlooking from new living rooms.

P2 Private open space design and location ensure privacy.

 

P3  Acoustic Privacy

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

 

Building is set-out in a satisfactory manner.

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

Building to comply with BCA for sound transmission.

View Sharing

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

 

View sharing assessed in detail in the Environmental Assessment section and is satisfactory.

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

 

P3 Buildings are aligned to maximise view corridors between buildings.

 

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

Neighbours retain full solar access to northern elevations. Some increase to side elevations during the morning or afternoon (but not both). Satisfactory

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

 

No impact to solar collectors. Satisfactory.

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

 

Full solar access retained to north facing living areas. Some increase to side elevations during the morning or afternoon (but not both). Satisfactory.

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

 

Private open spaces not affected by proposed additions.

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

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

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

Proposal satisfies BASIX requirements, which supersede these DCP requirements.

P5 Buildings have roofs with pitch suitable for solar collectors.

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

Satisfactory.

Safety and Security

P1 Design allows surveillance.

 

Good surveillance of the street.

P2 Approaches and entries are visible.

 

Adequate surveillance of entry sequence.

P3 High walls and structures avoided.

 

High street wall matches streetscape. Satisfactory.

P4 Resident car parking has security grilles or doors.

 

Garage doors provided. Satisfactory.

P5 Visitor parking spaces clearly identifiable.

 

No visitor parking required.

P6 Adequate lighting for personal safety and security provided.

 

Satisfactory.

P7 Adequate lighting is provided in common areas.

 

Satisfactory.

P8 External lighting does create a nuisance.

 

Consent condition.

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

3 spaces required. 3 provided. No visitor parking required or provided. Complies.

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

 

Garages dominate street frontage. Does not comply. See Environmental Assessment section.

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

 

Not required.

P3 Secure storage for bicycles is provided.

 

 

Satisfactory.

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

Complies

P2 Vehicles enter/ leave in a forward direction.

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

Reverse manoeuvre to the street required. Adequate for the level of development and traffic in the street.

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

S3 Long driveways provide passing bays.

Garage abuts the street boundary and there is no driveway on the site.

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.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

P6 Driveway gradients safe.

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

Driveway gradients over the footpath are satisfactory.

Storage

P1 Accessible and separate storage for each dwelling.

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

Storage is not a separate facility within either dwelling, but there is adequate storage for future occupants in the kitchens, bedrooms, studies, garages.

Barrier-Free Access

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

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

Not required.

P2  Dwelling requirements:

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 so on…

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

 

Not required.

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

 

Not required.

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

 

Not required.

Utilities/Site Facilities

P1 Mailboxes provided in accordance with Australia Post.

 

Consent conditions resolve these matters.

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

 

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

 

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

 

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

 

P6 Telephone lines provided in accordance with the service provider.

 

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

 

 

Waste Minimisation and Management

P1 Waste collection and separation facilities for each dwelling.

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

Satisfactory.

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

 

Satisfactory.

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

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

Satisfactory.

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.

 

Building is in contemporary form and materials and is compatible with the coastal locality. Satisfactory.

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

 

Adequate area for stormwater infiltration.

P3 Ancillary structures do not dominate and detract visually. 

 

Ancillary structures are adequately integrated with the development so that the frontage to the foreshore is visually sound.

 

9.    Environmental Assessment

 

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

 

Lot frontage

The lot frontage is 12.19m and does not comply with the minimum DCP preferred solution of 20m. The proposal does not have a density that is anticipated by the multi-unit housing DCP because it is much smaller than the maximum FSR and it is more like an attached dual occupancy than an apartment building.

 

Nevertheless, the proposal generally satisfies the LEP development standards and DCP performance requirements that apply. Where there are numerical encroachments, such as for landscaped area and building setback, the proposal is assessed in this report against the objectives for those numerical requirements and is found to be satisfactory. The proposal satisfies the planning principle for narrow sites because its narrow width, in this case, does not make any impacts substantially worse:

 

Planning principle for narrow sites - CSA Architects v Randwick City Council

Where the council has a policy for small or narrow sites, the Court should, where reasonable, apply that policy. (This is a valid principle for all matters before the Court.) In the absence of a council policy, the assessment of a proposal on a site that is below the preferred area or width should be considered both as a development on its own site as well as in the context of possible developments on neighbouring sites. The following questions should be asked:

· Would approval of the application result in the isolation of neighbouring sites?

· Would it render the reasonable development of neighbouring sites difficult?

· Can orderly, economic and appropriate development of the subject site as well as neighbouring sites be achieved?

 

The main criterion for assessing the proposal on its own site is whether it meets other planning controls, eg:

· Does the proposal meet density, setback and landscaping controls? The most critical control for small and narrow sites is that for setbacks.

· Is its impact on adjoining properties and the streetscape worse because the development is on a small or narrow site?

 

Where an application meets other planning controls and the area and width of the site does not exacerbate its impacts, the failure of the site to meet the preferred area or width would usually not be a reason for refusal.

 

Side setback

The proposed addition has minimum setback of 1.25m to the west and 1.32m to the east. The minimum average setback is 1.63m to the west and 1.32 to the east. The setbacks encroach on the DCP preferred solutions for minimum and minimum average setbacks of 3.5m and 5m respectively. The encroachments are supportable because:

 

·      They are compatible with the tight side-setback regime in the street.

·      The new upper level addition is only a third of the length of the site. It is setback 25m from the rear boundary.

·      There are no additional shadow impacts on the northern elevation of neighbouring buildings, or their south facing back yards.

·      There are no privacy impacts because of the orientation of windows.

·      View corridors between the proposed building and its neighbours are already obstructed by existing mature trees.

 

The proposal satisfies the DCP performance requirements for setback.

 

Garages

The garages are abutting the front boundary and do not satisfy the DCP performance requirement about not dominating the street frontage. However, the garages are a continuation of the dominant built form in this part of Neptune St. Sites on either side and for some distance to the west have garages abutting the street boundary as can be seen in these photographs.

 

Photo 3. Buildings to the east showing garage doors on the street frontage.

 

Photo 4. Buildings to the west showing garage doors on the street frontage.

 

View Sharing

Sharing of views is a design performance requirement in Council’s Multi-unit Housing Development Control Plan. It is assessed here in accordance with the Land and Environment Court planning principle after Roseth SC pp25-29 in Tenacity Consulting v Warringah [2004] NSWLEC 140.

 

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

 

The Assessing Officer had the benefit of only one objection to determine the extent of views over the site (5/4 Dundas St), but there are unquestionably high value views from many of the apartments behind the site toward Coogee Beach, Coogee Bay, Dunningham Reserve and possibly Gordon’s Bay, Shark Point and Wedding Cake Island. All potentially affected buildings were notified but there was only one objection.

 

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

 

The Assessing Officer estimates that there are views from sitting and standing positions from living rooms, kitchens and bedrooms over the side and rear boundaries of apartments to the south. Views shown in the photographs over the page were from a standing position in the living room at 5/4 Dundas St north over the side boundary of the site.

 

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

 

Some of the views are likely to be obscured either partly or fully. Generally, the higher the apartment, the less severe would be the view loss. As can be seen in the photograph below, some view-loss from the apartments behind would occur as a result of the proposed height of the development, but the view corridors down the sides of the building are already obscured by mature vegetation.

 

Photo 5. - This photograph was taken by the Assessing Officer standing in Dunningham Reserve across Coogee Bay. The red spot marks the existing dwelling. The proposed addition approximates the ridge height of the buildings on either side.

 

 

In the case of the objector’s property at 5/4 Dundas Avenue, views north toward Coogee Beach would be retained. The partly obstructed view toward Grant reserve on the southern side of Coogee Bay would be further obstructed but these views are not considered as valuable as views to the beach and bay. Views east toward Wedding Cake Island remain unaffected. See photographs below.

 

Photo 6. View north from 5/4 Dundas. The existing dwelling is behind the tree to the right of the centre window frame. Views over the site to the Coogee Beach would remain.

 

 

Photo 7. View north from 5/4 Dundas. The existing dwelling is behind the tree to the right of the left window frame. Views over the site to Coogee Beach would remain.

 

Photo 8. View east from 5/4 Dundas. These views are in a different direction and are unaffected by the subject site.

 

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

 

The proposal complies with the maximum external wall height and has a flat roof so it does not take advantage of the 12m overall height allowance in the LEP. The proposed building-setbacks are consistent with the dominant street character, and in any case, do not further interfere with views that are already obstructed by existing mature vegetation. The proposal is a reasonable development of the site and the likely view loss is acceptable.

 

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

 

This development application is referred to Council for determination because there is a SEPP 1 objection to landscaped area that is more than 10% of the development standard.

 

The proposal involves a new 1 bed apartment above the existing dwelling and a new 3 car garage abutting the street boundary replacing the existing 2 car garage in the same place.

 

The site is on the southern side of Neptune St between Beach St and Dundas St, Coogee. It has frontage of 12.19m depth of 45.67m and area of 556.7m2 (by deduction). It slopes moderately on a northerly aspect with a steep drop-down to street level at the front of the site.

 

The SEPP 1 objection to landscaped area is well founded and can be supported because the proposal achieves the purpose for the development standard.

 

There was an objection from a neighbour on the grounds of view-loss. The assessment report considers view-loss in detail and finds the proposal acceptable.

 

The proposal satisfies the relevant environmental and assessment criteria and the Assessing Officer recommends approval, subject to conditions.

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 20E of Randwick Local Environmental Plan 1998, relating to landscaped area on the grounds that the proposed development complies with the purpose for the clause, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, to Development Application No. DA/356/2010 for alterations to the existing dwelling and construction of a new one bedroom apartment above the dwelling, demolition of the existing garage and construction of a new triple garage with terrace above fronting Neptune St, reconfigured entry, new lift; and associated landscaping at at No. 13 Neptune Street, Coogee, subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered 1.1, 1.2, 1.3, 1.4, 2.1, 2.2, 2.3, 2.4 and 3.1, stamped received by Council 18 May 2010, the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

2.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the materials and colours plan number 4.1 stamped received by Council 18 May 2010.

 

3.       Street numbering must be provided to the premises in a prominent position, to the satisfaction of Council.

 

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

 

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

 

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

 

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

 

7.       Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

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

 

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

 

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

 

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

 

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

 

9.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $997,221.00       the following applicable monetary levy must be paid to Council: $9,972.00.

 

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

 

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

 

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

 

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

 

a)   $2000.00   -      Damage / Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

 

Civil Works Conditions

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

 

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

 

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

 

NOTE: This may involve pickup/runoff of the gutter as determined by Council’s Engineering Technical Officer George Pandelidis to assist in preventing vehicles scraping as they enter and exit the driveway.

 

b)     Reconstruct a 1.3m wide concrete footpath along the full site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

12.     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.

 

13.     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.

 

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

 

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

 

Alignment Level Conditions

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

 

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

 

·           In accordance with approved plans by Jackson Architects Drawing no. FD001-FD003 and stamped by Council 4th June 2010.

 

16.     The design alignment levels (concrete/paved/tiled level) issued by Council must also 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.

 

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

 

Service Authority Conditions

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

 

18.     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.

 

19.     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.

 

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

 

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

 

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

 

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

 

Drainage Conditions

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

 

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

 

22.     Stormwater runoff from the site shall be discharged to the kerb and gutter along the site frontage in Neptune Street by gravity.

 

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

 

Notes:-

 

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

 

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

 

c)  Seepage Water must not be drained from the site.

 

Waste Management Conditions

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

 

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

 

Landscape Conditions

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

 

25.     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.

 

26.     Suitable landscape treatment that will enhance and improve the appearance of the proposed works, as well as reduce the impact of the development upon both the streetscape and neighbouring properties shall be provided throughout the front portion of the site within those areas shown on the Landscape Plan by Jane Coleman Landscape Architect, drawing DA-04, issue A, dated 12.05.10.

 

27.     Prior to the commencement of site works, the PCA must ensure that the following additional details have been included on an amended plan:

 

a)  A planting plan and plant schedule at a scale of 1:100 or 1:200, indicating the location of all proposed planting, which are to be drawn at their mature size, with a suitable mixture of shrubs, accent plants and ground covers to be provided.

 

b)  The plan shall respect the prevailing coastal influences and the coast's special design considerations and requirements, and shall be designed accordingly. Generally, species selection shall be restricted to local indigenous coastal species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

c)  All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm, with a construction detail to be provided.

 

d)  Ground covers that will spill over the northern edge of the proposed garage shall be provided within the raised planter of the proposed terrace area above the garage.

 

e)  Native coastal shrubs that will attain a minimum height of 1 metre at maturity shall be provided within the terrace planter above the garage as well as the garden area at the northwest corner of the site.

 

f)   The feature tree shown in the front yard must be a native coastal species that will attain a minimum height at maturity of between 4-7 metres.

 

Removal & Replacement of Street Tree

 

28.     The applicant shall submit a total payment of $349.25 (including GST) being to cover the cost for Council to:

 

a.  Remove the existing street tree, Metrosideros excelsa (NZ Xmas Tree) from Council’s Neptune Street nature strip, in line with the western site boundary, as while appearing in reasonable health, this species is in decline along the east coast due to a combination of old age and pest attack, with large quantities having been removed from nature strips and public parks; and

 

b.  Being the cost for Council to supply and install 1 x 25 litre street tree, using a more reliable native coastal species, Banksia integrifolia (Coastal Banksia), which shall be planted in this same area upon completion of all works.

 

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

 

The applicant must contact Council’s Landscape Development Officer on 9399-0613 (and quoting the receipt number), and giving at least four working weeks notice, to arrange for removal of the existing street tree prior to the commencement of site works, as well as for planting of the new street tree upon completion.

 

Removal of trees in rear yard

 

29.     Approval is granted for removal of the following trees, subject to full implementation of the approved landscape plan:

 

a)  Those four smaller Allocasurina glauca (Swamp She Oaks), from the stand of seven trees in the rear yard, along the eastern boundary, between the southeast corner of the existing dwelling, in order to avoid future overcrowding;

 

b)  One Allocasurina torulosa (Forest Oak) in the southeast corner of the site, as despite being sited away from all works, is in poor condition due to the past removal of its vertical leaders.

 

Protection of trees in rear yard

 

30.     In order to ensure retention of the remaining three larger, dominant Allocasurina glauca (Swamp She Oaks) in the rear yard, along the eastern boundary, between the southeast corner of the existing dwelling and shed in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show the retention of these trees, with the position and diameter of their trunks and canopies to be clearly shown on all drawings.

 

b.       This group of three trees must be physically protected as one group by installing a total of four star pickets setback a distance of 2.0 metres (measured off the outside edge of their trunks at ground level), on all four sides, so as to completely enclose these trees as one group for the duration of works.

 

c.       This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed, to which signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT REMOVE/ENTER".

 

d.       Within this TPZ, there is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble, with all Site Management Plans needing to acknowledge this requirement.

 

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

 

Regulatory

 

31.     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.

 

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

 

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

 

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

 

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

37.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

40.     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.

 

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

 

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

 

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

 

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

 

Structural adequacy

 

42.     A Certificate prepared by a professional engineer shall be submitted to the certifying authority prior to issuing a construction certificate which certifies the structural adequacy of the existing building to support an additional storey.

 

43.     A Certificate prepared by a professional engineer, shall be submitted to the certifying authority prior to issuing an occupation certificate certifying the structural adequacy of the building including the balustrading to the external balconies.

 

Construction site management

 

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

 

·           Australian Standard 2601 (2001) – Demolition of Structures

·           Occupational Health and Safety Act 2000

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·           WorkCover NSW Codes of Practice and Guidelines

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

 

45.     In accordance with Council’s Asbestos Policy, the following requirements are to be satisfied if any materials containing asbestos are present in the building:

 

a)     Compliance with Randwick City Council’s Asbestos Policy (adopted 13 September 2005).

 

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

 

b)     A Demolition Work Plan must be developed and implemented in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

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

 

 

d)     Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996.

 

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

 

f)      On demolition sites involving the removal of asbestos, a  professionally manufactured sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS” and include details of the licensed contractor. The sign shall measure not less than 400mm x 300mm and the sign is to be installed prior to demolition work commencing and is to remain in place until such time as all asbestos has been safely removed from the site.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·       effectively support  the excavation and building; and

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

 

Notes

 

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

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

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

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

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

 

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

 

48.     Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building, demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and (except as detailed below) between 8.00am to 5.00pm on Saturdays.

 

All building, demolition and associated site works are strictly prohibited on Sundays, Public Holidays and also on Saturdays adjacent to a Public Holiday.

 

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

 

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

 

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

 

50.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

 

a)     The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times.  Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council.

 

b)     A Road Opening Permit must be obtained from the Council and other relevant Authorities prior to excavating or opening-up the road or footway for services or the like.

 

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

 

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

 

e)     During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing. Sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction. 

 

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

 

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

 

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

 

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

 

j)      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.

 

k)     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.

 

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

 

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

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

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

 

Fire safety

 

51.     The existing levels of fire and safety within the building are to be upgraded in accordance with the following requirements and the fire safety certificate provisions of Part 9 of the Environmental Planning and Assessment Regulation 2000 must be complied with, prior to issuing an occupation certificate.

 

a)     Fire safety and building upgrading works are to be implemented in accordance with the recommendations contained in the Building Code of Australia report prepared by AE & D Consulting dated 12.05.2010.

 

52.     The fire safety upgrading works must be carried out prior to issuing of an Occupation Certificate for the development and written confirmation must be provided to Council which confirms that all of the upgrading works have been carried out in accordance with the conditions of consent.

 

Advisory Condition

 

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

 

Attachment/s:

 

Nil

 

 


Planning Committee

12 October 2010

 

 

 

Development Application Report No. D77/10

 

 

Subject:                  7 Northumberland Street, Clovelly

Folder No:                   DA/950/2007/A

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Section 96 (1a) application to modify development consent

Ward:                      North Ward

Applicant:                H Callaghan

Owner:                         H & D Callaghan

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


Executive Summary

 

The Section 96 application is referred to the Planning Committee for determination at the request of Councillors Tracey, Bowen and Procopiadis.

 

The application seeks to modify the development consent to delete the approved external louvres to the upper level windows in the northern elevation of the building.

 

The main issue is the impact upon the amenity of the adjoining residents by the deletion of the louvres.

 

The application is recommended for approval subject to a condition to require a portion of the stairwell window to be fixed and of obscured glazing.

 

1.    The Proposal

 

The modification to the approved development seeks to delete the originally approved louvres to the upper level windows in the northern elevation of the building. These windows serve a bedroom, family room and the stairwell.

 

2.    The Subject Site and Surrounding Area

 

The subject site is on the eastern side of Northumberland Avenue and has a frontage of 10.06m a depth of 35.42m and an area of 356m. The site is occupied by a two storey building which has recently been renovated as per the original development consent. The locality is residential and contains a mixture of semi detached and free standing dwellings and multi unit housing.

 

3.    Site History

 

The current approval details alterations and additions to the existing dwelling including the construction of a new first floor level, minor amendments to the ground level layout and provision of an upper level rear terrace. The application was originally approved at the Council meeting of the 26th August 2008.

 

4.    Section 96 Assessment

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the development represents substantially the same development.

 

The application seeks to alter approved building elements only and does not alter the overall nature and scale of the approval and for the purposes of a Section 96 application the approved development will remain substantially the same development.

 

The application has been assessed as a Section 96 (1a) application as an inspection of the subject and adjoining dwellings has determined that the nature of the modification and any resultant impacts will have minimal environmental impacts upon not only the adjoining dwelling but also the surrounding locality.

 

5.    Community Consultation

 

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

 

 

5 Northumberland Street Clovelly

Issue

Comment

There are concerns that the deletion of the louvres on the windows will enable viewing from those windows straight into their dwelling.

There are three upper level windows in the northern elevation that were originally proposed to include fixed external louvres. These windows are two of a highlight style and a vertical strip window which serves the stairwell and foyer. See detailed assessment of the amenity impacts to the adjoining owners below.

 

6.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

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

 

7.    Environmental Assessment

 

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

 

7.1      Privacy

Of the three windows in the northern elevation of the building the two highlight style windows have a sill height of 1.5m above floor level and serve to prevent the direct overlooking into the adjoining neighbours property, or into any habitable windows. It should also be noted that some windows to the adjoining dwelling opposite are obscured to a height of approximately 1500mm above floor level. There are no objections to the removal of the approved fixed external louvres to those windows as there will not be any additional privacy impacts.

 

In relation to the vertical strip window that serves the stairwell and foyer it is evident from an inspection within the subject dwelling that due to the stairway geometry with the landing to the upper level not being adjacent to the external wall and the lower panel of that window being of obscured glazing that it is not possible to look directly from the dwelling into the windows and living areas opposite at 5 Northumberland Street.

 

Therefore, there are no objections to the louvres to the windows in the northern elevation of the dwelling being deleted as there will not be any overlooking impacts as discussed above.

 

An amended BASIX certificate has been received to reflect the removal of the louvers.

 

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 be approved as the removal of the approved louvres will not result in any additional impacts upon the existing levels of privacy to the adjoining property.

 

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/950/2007 for permission to remove the proposed external timber louvres from the northern upper level windows at 7 Northumberland Street, Clovelly in the following manner:

 

Amend Condition No 1 to read:

 

1.     The development must be implemented substantially in accordance with the plans numbered 0611-A02, 0611-A03, 0611-A04, dated October 2007 and received by Council on 1 April 2008, the application form and on any supporting information received with the application, as amended by the Section 96 plan numbered 2049 CC0 6A, dated 16/3/09 and received by Council on 2 July 2010, only in so far as it relates to the modifications highlighted on the Section 96 plan 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:

 

Add the following condition:

 

44.   The lowest two panels of the stairwell window shall be maintained with fixed and obscured glazing.

 

Attachment/s:

 

Nil

 

 


Planning Committee

12 October 2010

 

 

 

Development Application Report No. D78/10

 

 

Subject:                  19 Franklin Street, Matraville

Folder No:                   DA/204/2010

Author:                   Wendy Wang, Environmental Planning Officer     

 

Proposal:                     Demolition of existing dwelling and construction of a new two storey dual occupancy

Ward:                      South Ward

Applicant:                Mr I Vucetic

Owner:                         19 Franklin Street Pty Ltd

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.    Executive Summary

 

The subject proposal is referred to the Planning Committee for determination at the request of Councillors Andrews, Mathews and Smith.

 

The proposal details demolition of the existing single storey dwelling house and construction of an attached dual occupancy accessed from Franklin Street.

 

The application was notified to the adjoining and nearby properties from 1–16 April 2010 in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. No submissions were received at the conclusion of the public consultation process.

 

The site is within Zone No. 2A (Residential A Zone) under RLEP 1998 (Consolidation). Although dual occupancies are permissible with consent within Residential 2A Zones, it is considered that the proposal is inconsistent with the aims of RLEP 1998 and the specific objectives of Residential 2A Zone, in that the development will detract from the environmental and aesthetic qualities of the area and compromise the amenity of the adjacent dwellings and existing streetscape. The proposed works will result in a development which is inconsistent with the bulk and scale of surrounding development. As such, the proposal is not considered to satisfy the relevant zone objectives.

 

The proposal complies with the maximum building height, external wall height and landscaped area controls of the RLEP 1998.

 

Pursuant to Clause 20F(1) of RLEP 1998 (Consolidation), the maximum floor space ratio (FSR) for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2A is 0.5:1 or 286.9m2 gross floor area (GFA). The proposal has an FSR of 0.54:1 or 309.85m2 GFA. 

 

The proposal exceeds the maximum floor space ratio control. As such, the applicant has submitted an objection under State Environmental Planning Policy (SEPP) No. 1 – Development Standards justifying that the above breaches will not result in significant adverse amenity or visual impacts on the area.

 

Notwithstanding the minor deviation from the numerical standard, the proposal fails to address the underlying purposes of the standard in that the proposal does not reflect satisfactory building mass and distribution of bulk and scale. The proposed dual occupancy is not considered to be compatible with the surrounding development and streetscape and would unduly impact upon the amenity presently enjoyed by neighbouring properties. The SEPP No. 1 Objection has been assessed and is not supported as it is considered that applicant’s arguments for a SEPP 1 objection are not well founded.

 

The proposal does not demonstrate consistency with the relevant objectives and performance requirements of the DCP and will result in unreasonable adverse impacts on the amenity of the adjoining dwellings and the character of the locality.

 

The proposed development does not satisfy the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended, and is therefore recommended for refusal.

 

2.    The Proposal

 

The proposal details demolition of the existing single storey dwelling house and construction of an attached dual occupancy and associated landscaping works.

 

3.    The Subject Site and Surrounding Area

 

The subject site is known as Lot 6 in DP 35416 at 19 Franklin Street in Matraville and is located on the southern side of Franklin Street. The site is presently occupied by an existing single storey brick dwelling house.  The site has a frontage width of 15.85m to Franklin Street, side boundary depths of 38.24m and has an overall site area of 573.8m². Neighbouring the property to the east, and west are single storey dwellings, to the south is a double storey dwelling, and to the north is Franklin Street.  The surrounding area is residential in character and consists of a mixture of single and double storey dwelling houses and attached dual occupancies, with retail and commercial properties further to the west toward the Bunnerong Road intersection. Refer to table below for photographs of the site and surrounds.

 

Photographs of the site and surrounds

1. The existing building

2. Adjoining dwelling to the east

3. Dwellings across Franklin Street

4. Dual occupancy further to the east

 

4.    Site History

 

There is no site history relevant to this application.

 

4.1      Application History

The subject application was lodged on 20 March 2010. Following preliminary assessment, a number of issues with regard to the design of the building were identified. The applicant was notified in writing of the changes required to ensure development in the street is not excessive in bulk and scale, with reasonable setbacks maintained. Changes are summarised below: 

·      Amended plans reflecting a reduction in the overall bulk and scale of the building achieved by setting the first floor further back off the street, increasing side setbacks at the ground and first floors as building to both eastern and western side boundaries is not supported. 

·      The proposed FSR, at 62.3sqm over the RLEP control would not be supported in its current form and the overall design should be revised to minimise excess floor space/bulk and scale. 

 

Revised plans were subsequently received by Council on 4 August 2010 detailing the modifications above and form the subject of the current assessment.

 

5.    State Environmental Planning Policy No. 1 – Development Standards

 

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

 

State Environmental Planning Policy No.1 – Development Standards

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

 

The proposal seeks to vary any development standards contained with Randwick Local Environmental Plan 1998 (Consolidation) as follows: 

 

·      Floor Space Ratio (Clause 20F)

 

Pursuant to Clause 32(1) of RLEP 1998, the maximum floor space ratio (FSR) for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2A is 0.5:1 or 286.9m2 gross floor area (GFA). The proposal has an FSR of 0.54:1 or 309.85m2 GFA. 

 

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

 

Matter 1

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

 

·      Comments:

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

 

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

 

Floor space ratio

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

·      The proposal is consistent with new development in the area

·      The proposal will achieve the objectives of the clause despite non-compliance with the floor space ratio control

·      The proposed design represents a building of moderate bulk and scale

·      The building has been provided with reasonable articulation of the facades

·      The north/south orientation results in minor overshadowing to the adjoining premises due to the increase in floor space.

 

Assessment Officer Comments: It is considered that the proposal is unsatisfactory and compliance with the purpose of the development standard should be required for the following reasons:

 

·      Notwithstanding the minor deviation from the numerical standard, the proposal fails to address the underlying purposes of the standard in that the proposal does not reflect satisfactory building mass and distribution of bulk and scale.

·      The proposal lacks visual interest and building articulation further exacerbating the appearance of excessive bulk and scale.

·      The proposal’s height, bulk, scale, built form and design will have an adverse impact on the amenity of neighbouring properties in terms of proximity to the side boundaries, overbearing bulk and scale, and is generally that regard is not compatible with the scale of residential development in the established streetscape.

·      The proposed dual occupancy does not carry satisfactory architectural merit, or represent a high quality treatment to enhance the visual amenity of the surrounding residential area. More refined articulation of facades and strategic use of recessed areas, height and setback variations, balconies and various roof forms would have been effective in improving the appearance of the proposal.

·      The development will be visually intrusive and form a dominant element in the streetscape and subsequently detract from the prevailing character of the locality.

·      The proposed bulk would set a poor precedent for future development in the area.

·      The built form, proportions, massing and landscaped area allocation are not considered to maintain the desirable attributes of the existing low density residential environment, or protect the amenity of the existing residences.

·      The proposal involves garages that dominate the frontage and that are sited to the side boundaries, resulting in a presentation to the street that does not reinforce the character of the streetscape and pattern of side setbacks. 

 

The SEPP 1 Objection relating to variations from the floor space ratio control has not presented appropriate evidence to demonstrate the satisfaction of the zoning objectives and purpose of the development standard, and accordingly is not considered to be well founded. The full compliance with the development standard is therefore necessary to ensure orderly development of the land.

 

(a) Conclusion

In conclusion, the submitted SEPP 1 objection does not adequately address the consistency of the proposed development with the underlying and stated purposes of the standards, the local planning objectives for the locality and objectives of the Act. The objection fails to justify that the strict compliance with the development standard is unreasonable and unnecessary in the circumstances of each case. The proposed development does not satisfy the purpose of the standard, the applicant’s case is not well founded, and compliance with the development standard is therefore considered reasonable and necessary in the circumstances.

 

Matter 2

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

 

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

 

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

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

 

The variation from the standard for FSR is inconsistent with the aims of SEPP 1 as it would detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). In this respect the proposed development would not represent an orderly and economic development of the subject land.

 

The proposal is inconsistent with the aims of RLEP 1998 and the specific objectives of Residential 2A Zone, in that the development it will detract from the environmental and aesthetic qualities of the area and compromise the amenity of the adjacent dwellings and existing streetscape. The proposed works will result in a development which is inconsistent with the bulk and scale of surrounding development. As such, the proposal is not considered to satisfy the relevant zone objectives.

 

Matter 3

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

 

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

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

 

The proposed development and variations from the development standards do not raise any matters of significance for State or regional environmental planning. However, as discussed above, it is considered that the strict application of the floor space ratio development standard is reasonable and necessary to ensure orderly development and to maintain the character of the locality. Public interest will be well served by the adherence and upholding of the adopted controls.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

The proposed development does not satisfy the purpose of the standard, the applicant’s case is not well founded, and compliance with the development standard is therefore considered reasonable and necessary in the circumstances.

 

Second

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

 

Comments:

The underlying objective or purpose of the standard is relevant to the subject development.

 

Third

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

 

Comments:

 

The proposal will create an undesirable precedent for the built form of future development in the area, and is anticipated to result in cumulative adverse implications on the streetscape and neighbourhood amenity. Accordingly, the strict compliance of the subdivision standard is reasonable and necessary to ensure orderly development and to maintain the character of the locality.

 

Fourth

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

 

Comments:

The development standard in question has not been abandoned or discarded by any decision or actions of Council. There has been no precedent established by Council’s assessment decisions, which in effect would abandon the development standards prescribed in the LEP.

 

Fifth

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

 

Comments:

The existing Residential 2A zoning is not considered to be inappropriate for the locality, which is characterised by low density residential development. 

 

6.    Community Consultation

 

The application was notified to the adjoining and nearby properties from 1 – 16 April 2010 in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. No submissions were received at the conclusion of the public consultation process.

 

6.1      Support

No letters of support were received.

 

7.    Technical Officers Comments

 

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

 

Development Engineers

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

 

An application has been received for the demolition of the existing residence and the construction of an attached dual occupancy at the above site.

 

This report is based on the following plans and documentation:

·      Drwg No 13/10 by P Banfield dated 16/3/10

 

Landscape Comments

Despite not being accurately represented on the submitted plans, on Council’s Franklin Street verge, located centrally across the width of the site, there is one mature Harpephyllum caffrum (Kaffir Plum) of approximately 8 metres in height, with a broad, and low spreading canopy of about 12 metres across, which spans almost the full width of this site, and is also covered by the provisions of Council’s Tree Preservation Order (TPO) due to its location on public property.

 

Despite appearing in good health, the inspection revealed it is in poor condition due primarily to an included branch union between the two main leaders near ground level (one leading to the northwest and one leading to the southeast), which is already deemed to pose a serious threat of failure as it could split at this junction at any time, with numerous lower growing branches also having been previously pruned off in order to maintain pedestrian access, as well as to avoid damage by passing trucks, and due to its naturally occurring habit, will be an ongoing maintenance issue for its life-term.

 

The plans appear to show that it will be retained, and while the existing crossing to its east, along the eastern boundary will remain in-situ, a new front masonry fence will be built to its south, and a new crossing to its west, along the western boundary, which would cause the removal of a significant portion of its root system due to excavations finishing only 1.5m from its trunk, which would ultimately lead to poor health, instability and likely, death.

 

Due to the structural faults described above, as well as the extent of pruning that would be required from both its eastern and western aspects in order to provide the necessary clearances for vehicles and line of sight, which would significantly affect its form and appearance, as well as the damage that would be caused to its root system due to numerous roots already being evident at surface level throughout this area, there is no way that Council could allow this tree to remain while proceeding with the proposed works as shown.

Further, this species is included on Council’s Invasive and Aggressive Rooted Street Tree Register, which contains a short list of problematic tree species which are regularly responsible for causing costly damage to both private and public infrastructure, with Council actively seeking their removal wherever possible, so that hey may be replaced with more favourable, native species selected from Council’s Street Tree Masterplan.

 

Council’s Tree Management Officer was consulted on the status of this particular tree, and following a site inspection, confirmed by e-mail (refer TRIM D 01019849) that approval should be granted for its removal, subject to the applicant covering all relevant costs, and while its loss will be noticeable in the streetscape due to the sheer volume and size of its canopy, due to all the issues described above, retention is not an option that Council could consider, with a loss of amenity fee not to be charged in this instance.

 

In the rear yard, halfway across the width of the property, and roughly centrally located in this rear portion, there is a 6 metre tall Liquidambar styraciflua (Liquidambar), closest to the southern edge of the existing dwelling, and then to its south, close to the southern site boundary, a 10 metre tall Grevillea robusta (Silky Oak), which upon completion, would both be located wholly within the private open space of proposed Unit 2.

 

The health and appearance of both trees has been compromised from recent land clearing and pruning, with numerous stubs left throughout their canopies, and as all lower growing limbs have been removed to a height of several metres above ground level, they no longer provide any meaningful screening of the adjoining two storey dwelling to the south.

 

Both of these species are also regarded as having problematic root systems, and given the large size they can attain at maturity, their close proximity to each other, excessive leaf fall, and ability to heavily restrict solar access, would seriously impact the useability of this area of private open space and the amenity of occupants if they were retained.

 

They are deemed inappropriate for retention as part of this proposal, and should be removed and replaced with trees and landscape works which are more suitable for the space available and that will more effectively cater to the needs of future occupants.

 

The only other vegetation within this property was observed to be in the rear yard, along the western boundary, towards the southwest corner of the site, where there is a 6 metre tall Archontophoenix cunninghamiana (Bangalow Palm), which appeared in good health and condition, is also covered by the TPO.

 

A new retaining wall/fence is proposed along the western boundary, as well as a 5,000 litre underground rainwater tank to be installed immediately to its east, both of which would involve significant excavations that would affect its health and stability, with conditions allowing its removal, subject to replacement planting being undertaken in this specific area of the site.

 

While this application complies with the numerical controls for this level of development in this Zone, the submitted landscape plan is completely inadequate to make any meaningful contribution to site amenity or improve the appearance of the works in relation to the street or neighbours in anyway, with conditions requiring that in recognition of the increase in size of this building, a higher level of detail and treatment be provided.

Drainage Comments

Onsite detention of stormwater is required for this application.

 

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

 

8.    Relevant Environmental Planning Instruments

 

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

 

8.1    Randwick Local Environmental Plan 1998

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent. The proposal falls under the definition of “attached dual occupancy” as outlined in the RLEP 1998 and is permissible within the Zone 2A.

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

 

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

The relevant objectives of Zone No 2A are:

 

(a)  To maintain the character of established residential areas, and

 

(c)  To enable redevelopment for low density housing forms, including dwelling houses, dual occupancy, semi-detached housing, and the like, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development

 

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

 

The following clauses of LEP 1998 are relevant to the proposed development. Areas of Non-compliance are the subject of a SEPP 1 objection and are discussed under the SEPP 1 section of this report.

 

Clause 20B – Minimum allotment sizes

Clause 20B(4) of the RLEP states that the minimum allotment size for the erection of an attached dual occupancy within Zone No 2A is 450 square metres and the allotment must have a frontage of at least 15 metres.

 

The subject site has an overall site area of 573.8m 2 and a site frontage of 15.85m and therefore, complies.  It should be noted, however, the minimum frontage requirement for the erection of dual occupancy development within 2A residential zones has been increased to from 12m to 15m under the new RLEP 1998 (Consolidation) to allow better presentation to the street and encourage compliant side setbacks to minimise impact to adjoining properties.

 

Clause 20E - Landscaped Area

Clause 20E(1) of the RLEP 1998 states that a minimum of 40% of the site area must be provided as landscaped area for areas zoned 2A.

 

Clause 20E(3) states that landscaped areas over podiums or excavated basement areas must not exceed 50% of the landscaped area requirements specified in subclauses (1).

 

The proposal has 41% of the site as landscaped area and no landscaping is to be provided over podium areas. The proposal therefore complies with this Clause.

 

Clause 20F – Floor Space Ratio

Clause 20F(1) of RLEP 1998 states that the maximum floor space ratio for land zoned 2A is 0.5:1.

 

Pursuant to Clause 20F(1) of RLEP 1998 (Consolidation), the maximum floor space ratio (FSR) for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2A is 0.5:1 or 286.9m2 gross floor area (GFA). The proposal has an FSR of 0.54:1 or 309.85m2 GFA. 

 

The applicant has submitted an objection under SEPP No. 1 – Development Standards justifying that the above breach will not result in significant adverse amenity or visual impacts on the area. The objection has been assessed in section 5 of this report.

 

Clause 20G – Building Height

Clause 20G(1) of RLEP 1998 imposes a maximum overall building height of 9.5 metres for buildings on land zoned 2A and 2B, and 12 metres for buildings on land zoned 2C. 

 

Clause 20G(3) also imposes a maximum external wall height of 7 metres for buildings on land zoned 2A and 2B, and 10 metres for buildings on land zoned 2C. 

 

The proposal has a maximum overall building height of 7.6m and a maximum external wall height of 7m. Complies.

 

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

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

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

 

9.    Policy Controls

 

9.1      Development Control Plan - Dwelling Houses and Attached Dual Occupancies

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

 


Landscaping

 

Preferred Solution

Assessment

S1

40% of the total site area is provided as landscaped area.

41% of the site is landscaped area. Complies

S1

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

The rear yard has an area of over 54sqm. 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.

The above area has dimensions of 9.5m x 7m. Complies

S1

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

The above area is located in the rear yard.

S6

20% of the total site area has permeable treatment.

25% of the site is permeable. Complies

 

The Objectives of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced; dwellings are provided with usable outdoor recreation space; storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design; and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

 

Comment: Not withstanding the proposals compliance with the numerical controls as contained in the DCP, it is considered that the residual open space is not successfully utilised and opportunities for more effective landscaped area provision have not been fully explored.

 

Particular reference is made to the proposed driveway configuration and landscaping provision forward of the building line. It is considered that a more effective driveway design, tapering toward the street would allow for more areas capable of accommodating meaningful planting/landscaping which would in turn serve to soften the appearance of the development and is conducive to the visual amenity of the proposed dwelling as well as that of the surrounding streetscape.

 

The design scheme has not maximised the site opportunities in reserving adequate landscaping to the street, which would otherwise be effective in allowing perimeter planting to establish a landscape ambience to the development.

 

Floor Area

 

Preferred Solution

Assessment

S1

The subject site has an overall site area of 573.8m2. The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.5:1 applies. 

The proposed FSR is 0.54:1. Does not comply- SEPP 1 objection submitted.

 

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

 


Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed dwelling has a maximum external wall height of 7m. Complies.

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.

Not applicable.

S3

No excavation within 900mm of a side boundary.

The proposal is set to the eastern and western side boundaries of the subject site. Does not comply – see assessment below. 

S3

No excavation within 4m of a rear boundary.

The proposed dwelling is 10m – 12m from the 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.

The entire southern elevation of the proposed dwelling is at least 10m from the southern (rear) boundary. Complies.

S5

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

Not applicable.

 

The Objectives of the DCP are that developments should not be excessive in height and scale and be compatible with the existing character of the locality; to ensure impacts in terms of privacy, natural light and views are minimised; and with respect to additions that they not detract from the individual character and appearance of the existing dwelling.

 

Comment: The development attempts to adopt a symmetrical contemporary design, featuring a klip-lock roof behind a parapet wall. The building, however, lacks refinement and articulation through appropriate use of window openings and staggered wall planes. The lack of depth in the elevations exacerbates the appearance of excessive visual scale and bulk of the structures.

 

The development will be visually intrusive and form a dominant element in the streetscape, subsequently detracting from the generally open nature featured in the prevailing character of the locality. It is noted that the majority of the surrounding allotments have been provided with ample side setbacks.

 

The proposed bulk would set a poor precedent for future development in the area, resulting in built form, proportions, massing and landscaped area allocation which do not maintain the desirable attributes of the existing low density residential environment, or protect the amenity of the existing residences.

 


Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed dwelling is set back 6m – 7m from the front boundary and is generally consistent with the setbacks of adjoining dwellings. Complies.

S2

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

The proposed dwelling is 10m – 12m from the rear boundary. Complies.

S3

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

The proposal is set to the eastern and western side boundaries of the subject site. Does not comply – see assessment below. 

S3

Side setbacks be 1.5m at second floor level.

The proposed development is set back 1.53m from the side boundaries. Complies.  

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

 

The Objectives and Performance Requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours; and with respect to front boundary setbacks the proposal generally conform to the adjoining development or dominant streetscape.

 

Comment: The proposed development is set to the eastern and western side boundaries (garages only) at the ground floor. The remaining habitable ground and first floor areas have been provided with a side setback of 1530mm from the side boundaries. The proposal does not meet the preferred solution of 900mm with regard to side setbacks at the ground floor (garages only) of the DCP for Dwelling Houses and Attached Dual Occupancies. The development does not meet the relevant objectives and performance requirements of the DCP in that the proposed built form, involving garages that dominate the frontage and that are sited to the side boundaries, result in a presentation to the street that does not reinforce the dominant character of the streetscape and pattern of side setbacks. 

 

Planning principle for development on boundaries

The planning principle established by the Land and Environment Court in Galea v Marrickville Council [2005] NSWLEC 113 is applied to assess the reasonableness of the proposal with regard to side setback. The following paragraphs provide an assessment of the proposal in accordance with the five (5) step process established in the proceedings.

 

[Step 1] Is the street characterised by terrace housing?

 

Building to the boundary is likely to be appropriate in streets where the existing form of development is terrace houses or villa home, where building to the boundary follows the existing pattern of development.

 

This section of Franklin Street is predominantly residential in character and consists of a mixture of single and double storey dwelling houses, as well as double storey dual occupancies to the east, with retail and commercial properties further to the west toward the Bunnerong Road intersection. The prevailing and established character of the surrounding area features relatively open front yards and dwellings with generous front and side setbacks.

 


[Step 2] What is the height and length of the wall on the boundary?

 

Short lengths of single storey walls (such as garages) are usually acceptable on the boundary.

 

The proposed 3.3m high garages set to the eastern and western side boundaries of the subject site have lengths of 6.5m, extending along the side boundary over a section comprised entirely of unarticulated wall. The garages extend toward the rear of the site from the building line and are located adjacent to a paved driveway to the east, and the eastern elevation of the dwelling to the west.

Notwithstanding this, the non compliance with regard to side setbacks at both ground and first floor results in a cumulative effect of exacerbating the appearance of excessive bulk and scale when viewed from the street. The proposed distribution of building mass is not in keeping with the open nature of the surrounding development.

 

[Step 3] Has the applicant control over the adjoining site(s) or the agreement of their owners?

 

The applicant does not have control over the adjoining sites.

 

[Step 4] What are the impacts on the amenity and/or development potential of adjoining sites?

 

Building to the boundary may be appropriate, even where the above tests are not answered favourably, provided it can be shown that a wall on the boundary does not diminish the amenity or the development potential of the adjoining site.

 

Although no windows have been proposed for these areas of non-compliance, the proximity of the dwelling to the side boundaries and dwellings on the adjoining sites will result in serious issues with future maintenance of these elevations. The nil setbacks also place unreasonable restrictions on future development potential on the adjoining sites to the east and west, limiting their opportunities to provide windows and other openings at otherwise reasonable and compliant setbacks on their own allotments.

 

Further, the non-compliant side setbacks combined with the lack of articulation to the elevations exacerbates the appearance of excessive visual scale and bulk of the structures.

 

The resultant development will be visually intrusive and form a dominant element in the streetscape, subsequently detracting from the generally open nature featured in the prevailing character of the locality. It is noted that the majority of the surrounding allotments have been provided with ample side setbacks.

 

The proposed bulk would set a poor precedent for future development in the area, resulting in built form, proportions, massing and landscaped area allocation which do not maintain the desirable attributes of the existing low density residential environment, or protect the amenity of the existing residences.

 

[Step 5] Are there arrangements in place for the maintenance of the wall or gutters?

 

The question of maintenance should be considered at the time of the development application to avoid disputes later.

 

The proposed development features a rainwater head and downpipe attached to the parapet roof. It is envisaged that maintenance of the gutter will be able to be carried out from the subject site and can be accessed from the roof of the garage. However, maintenance of the eastern and western elevations can only be carried out from the adjoining properties.

 

Conclusion:

For the development to provide reasonable amenity, the coordinated development of a group of dwellings would be required. Where the wall of a dwelling is built on the side boundary, the adjoining dwelling should either be built on the boundary (as in town houses and villa homes) or alternatively it should be built a sufficient distance from the boundary to provide a useable outdoor area. In this instance, building on the boundary is considered to be inappropriate and visually compromises the established streetscape. 

 

With consideration of the DCP requirements and the above assessment in accordance with the Galea v Marrickville Council planning principle, it is deemed that the impacts of the proposed development are unreasonable and will result in adverse impacts to the amenity of the surrounding properties. The proposed development contravenes the relevant planning principles in the provision of good amenity and does not satisfy the relevant objectives of the Development Control Plan for Dwelling Houses and Attached Dual Occupancies and the RLEP 1998 (Consolidation). 

 

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.

There will not be any significant loss of privacy to the adjoining properties in that most of the upper level windows serve bedrooms and bathrooms, which are not considered to be rooms of high intensity usage. Further, the proposal has been provided with compliant side setbacks at the first floor to endure direct view into adjoining sites is restricted. 

S1

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

No objections are raised with regard to privacy from the adjoining dwellings as there are minimal opportunities for overlooking given the living areas are located at the ground floor. Proposed windows at the ground floor of the dwelling are adequately offset from those windows of the adjoining dwellings and partially screened by existing dividing fences and therefore will not adversely affect the privacy of the adjoining dwellings.

S1

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

See assessment above.

S3

Buildings comply with AS 371 and AS 2107.

Conditioned to comply with the BCA.

 

The Objective of the DCP is to ensure that new buildings and additions meet the occupant and neighbours requirements for visual and acoustic privacy.

The proposal has modestly sized openings to the first floor that are acceptable and compatible for the surrounding residential area.

Overall, the location and design of proposed windows to the dwelling are sympathetic to the privacy needs of adjoining dwellings and satisfactorily address the relevant objectives and preferred solutions of the DCP for Dwelling Houses and Attached Dual Occupancies.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The proposed front door faces the street. Complies.

S1,3

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

The proposed dwelling has windows that overlook the street (master bedroom). Complies.

S2

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

Suitable condition included.

 

The Objectives and Performance Requirements of the DCP seek to ensure that a safe physical environment and crime prevention is promoted through design, including that buildings are designed to face the street and other public areas to provide for surveillance; dwellings and their entrances are readily identifiable by street numbering and design of front fences; and landscaped areas allows for safe access to the dwelling.

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

The proposed dwelling has parking for 2 cars. Complies.

S1

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

The dimensions of the parking spaces are 5m x 6.14m. Complies.

S1

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

The proposed driveways are 3.2m wide and is set back to the eastern and western boundaries. Does not comply – see assessment below.

S1

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

The proposed driveways are is 3.2m wide at the front boundary. Does not comply – see assessment below.

S1

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

The proposed driveway gradient is less than 1 in 8. Complies.

S1

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

Not applicable.

S2

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

Not applicable.

S2

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

The proposed garage is located behind the building line. Complies.

S2

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

The proposed parking structures occupy 69% of the width of the site frontage. Does not comply – see assessment below.

 

The Objectives and Performance Requirements of the DCP include that car parking and driveways are not visually obtrusive and do not detract from the appearance of the dwelling and the streetscape; and structures are compatible in scale, form, materials and finishes with the associated dwelling.

 

Comment: The proposed parking structures and driveway configuration is not effective in minimising unnecessary areas occupied by concrete/pavers. The current design, with two individual driveways servicing each half of the dual occupancy diminishes the potential for effective landscaping provision forward of the building line.

 

Further, the garages are sited to the eastern and western side boundaries and result in a presentation to the street dominated by parking structures. The design of the garages are not considered to integrate well with the building, are visually obtrusive and does not effectively reinforce the character of the streetscape and pattern of side setbacks. 

 

The proposal therefore does not meet the relative objectives and performance requirements of the DCP with respect to garages and driveways.

 

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.

The proposed front fence has a height of 1m. Complies.

S1

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

Not applicable.

 

Generally, the Objectives and Performance Requirements for fences in the DCP are to ensure that front fencing is integrated with the streetscape and is compatible with the appearance of the dwelling and any established local fence form and material.

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

See BASIX

S2

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

The rear yard will receive at least 3 hours of sunlight. Complies.

S2,8

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

The proposal includes north-facing windows that will receive at least 3 hours of sunlight. Complies.

S9

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

The proposal will not overshadow solar collectors on adjoining properties. Complies.

S9

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

The proposal will not reduce solar access to less than 3 hours on north-facing windows. Complies.

S9

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

The proposal will not reduce solar access to private open space to less than 3 hours. Complies.

 

The overall Objectives of the DCP seek to ensure that development promotes and has regard to the concept of Ecologically Sustainable Development. In this respect the objectives promote energy efficiency in design and construction; encourage the use of appropriate resources and passive solar design; and protect solar access enjoyed by the adjoining premises.

 

9.2      Development Control Plan – Parking

The DCP – Parking requires carparking to be provided for dwelling houses and attached dual occupancies at a rate of 1 space per dwelling with two or less bedrooms and 2 spaces per dwelling with 3 or more bedrooms. The proposal provides 2 parking spaces to each dwelling in the form of a single garage and hardstand carspace. Therefore complies with parking requirements for dual occupancies. The proposal has been assessed by Council’s Development Engineers and no objections were raised on traffic or safety grounds.

 

9.3      Section 94A Contributions

In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, the following monetary levy must be paid to Council.

 

Section 94A Contributions

Category

Cost

Applicable Levy

S94A Levy

Development Cost More than $200,000

$420000

1.0%

$4200.00

Must be paid in cash, bank cheque or by credit card

 

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

Environmental Planning Instruments

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 “DCP” section of this report.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

The environmental impacts of the proposed development on the natural and built environment, which are otherwise not addressed in this report, are discussed in the paragraphs below.

 

The proposed dual occupancy is not considered to be compatible with the surrounding development and streetscape and would unduly impact upon the amenity presently enjoyed by neighbouring properties.

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

The site is located in close proximity to local services and public transport. The site has sufficient area to accommodate the proposed land use and associated structures. However, the site is not considered suitable for the proposal in its current form.

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

No submissions were received. 

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

The proposal will detract from the environmental and aesthetic qualities of the area and compromise the amenity of the adjacent dwellings and existing streetscape. The proposed works will result in a development which is inconsistent with the bulk and scale of surrounding development. Accordingly, the proposal is not considered to be in the public interest.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Development for the purpose of an attached dual occupancy is permissible with the consent of within Residential 2A Zones. However, it is considered that the proposal is inconsistent with the aims of RLEP 1998 (Consolidation) and the specific objectives of Residential 2A Zone, in that the development it will detract from the environmental and aesthetic qualities of the area and compromise the amenity of the adjacent dwellings and existing streetscape. The proposed works will result in a development which is inconsistent with the bulk and scale of surrounding development. As such, the proposal is not considered to satisfy the relevant zone objectives.

 

The SEPP 1 Objection relating to variation from the floor space ratio control has not presented appropriate evidence to demonstrate the satisfaction of the zoning objectives and purpose of the development standard, and accordingly is not considered to be well founded. The full compliance with the development standard is therefore necessary to ensure orderly development of the land.

 

The proposal fails to address the underlying purposes of the standard in that the proposal does not reflect satisfactory building mass and distribution of bulk and scale. The proposed dual occupancy is not considered to be compatible with the surrounding development and streetscape and would unduly impact upon the amenity presently enjoyed by neighbouring properties.

 

The proposal does not demonstrate consistency with the relevant objectives and performance requirements of the DCP for Dwelling Houses and Attached Dual Occupancies and will result in unreasonable adverse impacts on the amenity of the adjoining dwellings and the character of the locality.

 

The proposed development does not satisfy the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended and is therefore recommended for refusal for the reasons outlined in the recommendation below.

 

Recommendation

 

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

 

B.      That Council, as the consent authority, refuses development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 204/2010 for for demolition of the existing dwelling and construction of a new two storey dual occupancy at 19 Franklin Street, Matraville  for the following reasons:

 

1.       The proposal does not satisfy the relevant objectives of the Residential 2A Zone as set-out in the Randwick Local Environmental Plan 1998 (Consolidation).

 

2.       The proposal does not satisfy the objectives of Clause 2.4.1 of the Development Control Plan – Dwelling Houses and Attached Dual Occupancies with respect to appropriate site analysis in that it does not reflect a design and scale which is in keeping with the streetscape and desired future character of the neighbourhood. 

 

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

 

4.       The proposal does not satisfy the objectives and performance requirements for garages, carports and driveways set-out in Clause 4.7 of Development Control Plan – Dwelling Houses and Attached Dual Occupancies.

 

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

 

Attachment/s:

 

Nil

 

 


Planning Committee

12 October 2010

 

 

 

Development Application Report No. D79/10

 

 

Subject:                  93 Yorktown Parade, Maroubra

Folder No:                   DA/718/2010

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Enclosure of balconies to town house style multi unit housing development

Ward:                      South Ward

Applicant:                S Green

Owner:                         Owners of SP 58928

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.    Executive Summary

 

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

 

The proposed development for these enclosures of balconies will not detract from the overall appearance of the building, compromise the architectural integrity of the building or set a poor precedent for any future enclosure of other balconies of the other dwellings.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details the enclosure of the upper level balconies to dwellings No. 1, 2 & 3 by the installation of powder coated windows and timber stud walls and raising the floor level of the balconies to match the adjoining floor level of the dwelling. The balcony enclosures will add 6m to the floor area of building.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the south western corner of Yorktown Parade and New Orleans Crescent and contains a two storey town house style multi unit housing development containing 5 dwellings with individual private courtyards and a basement car park.

 

The site has a frontage of 13.93m to Yorktown Parade and 26.065m to New Orleans Crescent and a site area of 639m.

 

The locality is residential and contains a mixture of dwellings and multi unit housing development.

 

4.    Site History

 

Development Consent was granted under DA/544/1996 for the erection of the building containing 5 dwellings and was subject of a subsequent Development Consent DA/1030/1998 for the strata subdivision of the property into 5 lots and common property.

 

5.    Community Consultation

 

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

 

6.    Relevant Environmental Planning Instruments

 

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

 

-    Environmental Planning and Assessment Act 1979 as amended.

-    Randwick Local Environmental Plan.

-    Building Code of Australia.

-    Development Control Plan- Multi Unit Housing Development.

 

(a)    Randwick Local Environmental Plan 1998

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

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

 

Clause 20 F FSR

Clause 20F of LEP 1998 states that the maximum floor space ratios for buildings, other than buildings erected for the purpose of a dwelling house, within the 2B Zone is 0.65:1. The resultant floor space ratio of the building is 0.749:1 which exceeds the control and a SEPP 1 Objection has been lodged and is discussed below.

 

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

 

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

 

(i)     Floor space ratio

Pursuant to Clause 20F of RLEP 1998, the maximum floor space ratio (FSR) for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2B is 0.65:1 or 415m2 gross floor area (GFA). The proposal has an FSR of 0.75:1 or 4812 GFA, and exceeds the development standard by 0.10:1 or 66m2. The proposal entails a variation to the standard by 16%.

 

The proposed variation is summarised in the table below:

 

Floor space ratio (FSR)

Gross floor area (GFA)

Existing building

0.74.:1

475m2

Proposed development inclusive of existing floor space

0.75:1

481m2

Permissible FSR /  GFA

0.65:1

415m2

FSR / GFA in excess of LEP standard

0.10:1

66m2

 

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

 

Matter 1

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

 

Comments:

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

 

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

 

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

 

·        The proposal is minor in nature and only represents an addition of 6smm to the existing gross floor area,  and

 

·        The proposed development has been designed to complement with the appearance of the existing building by adopting the window material, location and proportions. The proposal will not result in any significant adverse impact upon the appearance of the existing building and the character of the streetscape, and 

 

·        The proposed development will not result in any unreasonable adverse impacts on the amenity of the adjoining dwellings in terms of overshadowing or loss of privacy, and

 

·        The proposal will provide additional usable area to meet the projected requirements of the occupants of units 1-3.

 

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

 

·      The proposal will involve the enclosure of an existing recessed balconies and does not project past the existing building envelope, and

 

·      The proposal will not result in any loss of private outdoor living space for the dwellings in that each dwelling has a private courtyard area at ground level that is maintained, and

 

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

 

·      The degree of non compliance is not significant and represents only 6m in excess of the existing building floor area.

 

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

 

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

 

Matter 2

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

 

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

 

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

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

 

Comments:

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

 

The proposal is also consistent with the relevant objectives of Residential 2B Zone in that it is not in conflict with the existing multi-unit residential housing, which is consistent with the desired character of the locality.

 

Matter 3

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

 

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

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

 

Comments:

The proposed development and variations from the development standards do not raise any matters of significance for State or regional environmental planning.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standards in question is unreasonable and unnecessary to maintain the underlying purposes of the standards.

Second

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

 

Comments:

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

 

Third

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

 

Comments:

The underlying objective of the standards will be not be defeated or thwarted as full numerical compliance in this particular instance is unreasonable.

Fourth

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

 

Comments:

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

 

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

Fifth

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

 

Comments:

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

 

6.1 Policy Controls

 

a.    Development Control Plan for Multi-Unit Housing 

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

 


Development Control Plan – Multi-unit Housing

Clause

Standard

Check

y/n

Building Height

 

P1

 

 

 

 

P2

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

 

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

No change is proposed from the existing.

 

 

 

 

 

 

The proposal to provide windows to the balconies will not increase the perceived bulk of the building. 

Yes

 

 

 

 

 

 

 

No

Side and rear setbacks

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

metres from any side boundary

 

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

 

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

 

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

No change is proposed from the existing side setbacks.

 

 

 

 

 

 

 

 

No change is proposed from the existing side setbacks.

 

 

 

No change is proposed from the existing rear setback.

 

 

 

 

 

 

 

No change is proposed from the existing rear setback.

Yes

 

 

 

 

 

 

Yes

 

 

Yes

 

 

 

 

 

Yes

Density

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

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

No

Privacy

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

 

The enclosure of the existing balconies does not alter or increase any potential for overlooking with the orientation of these balconies being primarily upon the roadways opposite. 

Yes

Private open space

P3

Private open space :

 

- Provides privacy for its users;

 

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

- provides opportunities for outdoor recreation and living.

 

Enclosed balconies are included in the calculations of floor space.

 

 

The enclosure of the balconies will not result in the loss of private open space for the occupants as the remaining private courtyard areas and private garden area remains available for the use of the occupants as private open space.

 

 

 

 

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

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

 

Recommendation

 

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

 

B.             That Council as the relevant consent authority grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/718/2010 for enclosure of balconies to town house style multi unit housing development at 93 Yorktown Parade, Maroubra, 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 10/00018-1, 10/00018-2 & 10/100018-3, dated 28/7/10 and received by Council on 27 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 external materials, colours and finishes of the building are required   matching, as closely as possible, to the existing building.

 

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

 

3.       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.

 

4.       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).

 

5.       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.

 

6.       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).

 

7.       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”.

 

8.       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:

 

9.       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.

 

10.     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.

 

11.     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.

 

12.     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. 

 

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

 

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

 

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

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

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

 

Attachment/s:

 

Nil

 

 


Planning Committee

12 October 2010

 

 

 

Miscellaneous Report No. M20/10

 

 

Subject:                  8 Davidson Crescent, Maroubra

Folder No:                   DA/183/2010

Author:                   Louis Coorey, Environmental Planning Officer     

 

Introduction

 

At the Ordinary Council meeting held on 27 July 2010, Council considered Development Application (DA/183/2010) that was seeking consent to strata subdivide an attached dual occupancy. The application was recommended for refusal. It was resolved at the 27 July meeting:

 

“(Tracey/Woodsmith) that this matter be deferred for two months at the request of applicant.”

 

During the deferral period, neither the applicant nor the owners of the subject site have provided Council with any further justification for the proposal. The application is therefore referred back to Council for determination.

 

Issues

 

The proposed development is for a strata subdivision of an attached dual occupancy (granted approval under DA/155/2006) into two strata lots on a site with an area of 676sqm. The subject site does not comply with the minimum allotment size standard for the subdivision within the 2A zone under Clause 20B (1) of the Randwick Local Environmental Plan (RLEP) (Consolidation).

 

The applicants SEPP 1 objection to the minimum allotment size standard does not demonstrate how the proposal satisfies the objectives of the 2A zone or the purpose of the standard. It is considered that allowing the subdivision of the subject allotment will be antipathetic to the aims of the LEP and the objectives of the zone in that it will not maintain the desirable attributes of established low-density residential areas, and it will not encourage housing affordability.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Excellence in urban design and development.

Direction:  Improved design and sustainability across all development.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

A decision in favour of the strata subdivision will have the effect of abandoning the development standard and lead to speculative development that would in turn have the effect of cumulatively transforming the character of 2A zoned land. It is considered, therefore, that requiring adherence to the development standard serves the public interest and the application is recommended for refusal.

 

 

Recommendation

 

That Council, as the consent authority, refuses development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/183/2010 for strata subdivision of an attached dual occupancy at 8 Davidson Crescent, Maroubra, for the following reasons:

 

1.     The proposed development is inconsistent with objectives of the 2A zone. In particular it contravenes Clause 2(l) & Clause 10(1)(a, b, c, and e) under Randwick Local Environmental Plan 1998 (Consolidation) in that the proposed subdivision is likely to lead to a cumulative increase in the density  of the residential 2A zone areas of Randwick and discourages a mix of housing and housing affordability.

 

2.     The proposed development does not comply with Clause 20B(1) under Randwick Local Environmental Plan 1998 (Consolidation) in that the proposed subdivision is well below the minimum standard and will result in a subdivision pattern that will be inconsistent with the dominant subdivision pattern in the locality.

 

3.     The SEPP 1 objection is not well founded in the circumstances of the case. The proposed development will not enhance the amenity of the locality and will undermine the objectives that deal with housing affordability and diversity, and will increase densities in areas that are not easily accessible to public transport and services.

 

4.     The proposed development will result in a proliferation of strata titled attached dual occupancy developments on substandard lots in the 2A Zone due to the commercial attractiveness of having separate titles for the dual occupancies.

 

 

Attachment/s:

 

1.View

Director City Planning Report No. CP55/10

 

 

 

 


Director City Planning Report No. CP55/10

Attachment 1

 

 

 

Director City Planning Report No. CP55/10

 

 

Subject:                  8 Davidson Crescent, Maroubra

Folder No:                   DA/183/2010

Author:                   Louis Coorey, Environmental Planning Officer     

 


Proposal:                     Strata subdivision of existing attached dual occupancy

 

Ward:                      South Ward

 

Applicant:                Redmane Pty Ltd

 

Owner:                         R & K Ashton

 

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The proposed development is for a strata subdivision of an attached dual occupancy (granted approval under DA/155/2006) into two strata lots on a site measuring 676sqm.

 

The subject site does not comply with the minimum allotment size standard for the subdivision of 2A zoned sites under Clause 20B (1) of the Randwick Local Environmental Plan (RLEP) (Consolidation) which states:

 

The minimum allotment size for allotments resulting from the subdivision of land, other than for the purposes of public utility undertakings or roads, within Zone 2A is 400sqm and each allotment must have a frontage of at least 12 metres.

 

The RLEP (Consolidation) came into effect on the 15 January 2010 removing Clause 30(3) of the previous RLEP 1998 and replacing it with the above Clause. The difference in the two clauses regarding strata subdivision is that the applicable clause 20B (1) requires a minimum site area of 800sqm whilst the previous Clause 30(3) required 900sqm for strata subdivision in a 2A zone. It is noted that the individual reference to strata subdivision that previously existed in Clause 30(3) was unnecessary in that a reference to subdivision included both land and strata subdivision as defined under Clause 4B of the Environmental Planning and Assessment Act 1979 No 203 (EP&A).

 

The proposed strata subdivision on a lot size of 685sqm does not comply with the 800sqm minimum allotment size required under Clause 20B (1). There is a total shortfall of 124sqm which represents a variation of approximately 15% under the minimum site area. The application is referred to Council for determination as required by the Department of Planning where development applications seek a greater than 10% variation to a development standard.

 

It is considered that allowing the subdivision of the subject allotment will be antipathetic to the aims of the LEP objectives of the zone in that it will not maintain the desirable attributes of established low-density residential areas and protection of amenity. The proposed SEPP 1 objection has not established that the proposed strata subdivision will result in the protection of local amenity, an improvement to the amenity of existing residents, encouraging housing affordability and providing for a mix of housing that would be afforded by a development that complies with the standard.

 

The applicants SEPP 1 objection to the minimum allotment size standard is considered to merely point to grammatical references and an absence of physical amenity impacts rather than demonstrating how the proposal satisfies all of the relevant specific objectives and underlying purpose of the standard. Further, a decision in favour of the strata subdivision will have the effect of abandoning the development standard to speculative and individual ownership of undersized allotments that would in turn have the effect of cumulatively transforming the character of 2A zoned land.

 

It is considered, therefore, that requiring adherence to the development standard in this case serves the public interest and the application is recommended for refusal.

 

2.    The Proposal

 

Strata subdivision of an attached dual occupancy into two lots.

 

The proposed allotments include:

 

Lot 1: The approximate footprint of lot 1 measures 229sqm

Lot 2: The approximate footprint of lot 2 measures 278sqm.

 

Note: Should the common property areas be combined with the proposed allotments, the approximate footprint of lot 1 would measure 360sqm and the approximate footprint of lot 2 would measure 316sqm,

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the southern corner of Davidson Crescent and Chelmsford Avenue in Maroubra and is presently occupied by an attached dual occupancy.  The site has general dimensions of 17.12m x 42.10m with a curved boundary on the corner of Chelmsford Avenue. The site has an overall site area of 676.6m².  Neighbouring the property to the south-east is a single storey dwelling and to the rear is a two storey dwelling fronting Chelmsford Avenue. The surrounding area is residential in character and consists predominantly of one and two storey dwelling houses.

 

 

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

 

The proposal seeks to vary a development standard contained within RLEP 1998. A SEPP 1 objection has been submitted to Council.

 

Pursuant to Clauses 20B (1) of the Randwick Local Environmental Plan 1998, the minimum allotment size for subdivision of an attached dual occupancy on land zoned 2A Residential is 400sqm per allotment requiring a total land size of 800sqm. The proposed variation is summarized in the table below:


 

 

Minimum allotment size standard for subdivision

Proposal

Lot 1: The approximate footprint of lot 1 measures 229sqm.

 

Lot 2: The approximate footprint of lot 2 measures 278sqm.

 

Note: Should the proposed allotments combine the immediately adjacent areas of common property, the approximate footprint of lot 1 would measure 360sqm and the approximate footprint of lot 2 would measure 316sqm accounting for a total site area of 676sqm.

 

LEP 1998 (Consolidation) development standard

 

400sqm per allotment requiring a total land size of 800sqm

Shortfall below the LEP standard

 

Lot 1: based on the footprint of lot 1 the shortfall is 171sqm and based on the combined footprint of lot 1 and immediately adjacent common property the shortfall would be 40sqm below the standard.

 

Lot 2: based on the footprint of lot 2 the shortfall is 122sqm and based on the combined footprint of lot 1 and immediately adjacent common property the shortfall would be 84sqm below the standard.

 

The total shortfall below the 800sqm required is 124m2 below the development standard which equates to a 15% shortfall.

 

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

 

Matter 1

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

 

·      Comments:

The stated purpose of the Minimum allotment size standards as outlined in the LEP is:

 

 “To establish minimum requirements for the subdivision of land within residential zones in order to protect and enhance local amenity”

 

The underlying purpose of Clause 20B(1) is to maintain the existing subdivision pattern and low density character of land zoned 2A.”

 

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

 

The salient points raised by the applicant include the following:

 

·           That Councils position is unreasonable in relation to the application of Clause 20B(1) to strata subdivision of an attached dual occupancy;

 

·           That Clause 20B of the RLEP 1998 does not include a development standard citing 800sqm as the minimum allotment size for subdivision in the 2A zone or any other zone.

 

·           That the word allotment is not defined in the RLEP 1998 nor is it defined in the EP&A Act for which there is a body of case law supporting the position that the appropriate interpretation of this word must be in the context of each different Councils Planning instruments. Therefore it is not appropriate to automatically and whole heartedly adopt the Courts interpretation and application of “allotment” in Denis Smith to the RLEP 1998.

 

·           That Councils application of the stated purpose of the development standard relates to the control of the division of land in a 2 dimensional sense not to control the division of land in a 3 dimensions cubic space sense; that being the strata subdivision of a building (in this case an attached dual occupancy).

 

·           That the proposed strata subdivision satisfies the stated particular purpose in that because the application is for strata it will not result in creating an opportunity for any future intensification of development on the land and that the application only provides a means by which the ownership of each dwelling can be managed and that approving the application will not have the effect of abandoning the development standard.

 

Comment:

 

The question as to whether the context or purpose of the “subdivision of land” should not include strata subdivision and whether allotment should or should not include “strata lot” has been posed.

 

Council’s legal advice indicates the application of Clause 20B(1) is appropriate to strata subdivision and that the requirement for each allotment to have an area of 400sqm and a total minimum site area of 800sqm is relevant to the purpose and underlying intent of the standard (provisions) for applications seeking strata subdivision of attached dual occupancies on 2A zoned land.

 

Having regard to particular reference to the “subdivision of land” it is considered that “subdivision” as defined in the EP&A Act under Section 4B extends to strata subdivision.

 

Having regard to the particular reference to “allotments” in Clause 20B(1), it is agreed that the reference to an “allotment”” would depend on the facts and circumstances of each case and in this case it is considered that the restrictions on allotment area can sensibly apply to regulate the area of the subject sites land base (footprint) on which each allotment of an attached dual occupancy and proposed strata lots are located on, rather than the three dimensional connotation of a “strata lot” provided by the applicant. In other words, it is considered that the grammatical meaning of the term “allotment” used by the applicant does not give effect to the purpose of the standard, and must therefore fail and give way to a purposive approach of interpretation.

 

A purposive approach, that takes into account the aims of the LEP, the specific objectives of the 2A zone and background research would conclude that the minimum allotment size standard requires 400sqm per allotment and a total site area of at least 800sqm of land for the strata subdivision of an attached dual occupancy within the 2A zone. Further, it is clear that Council has applied this standard consistently in the past to attached dual occupancy subdivisions within 2A zoned land having particular regard to aims of the LEP, the objectives of the 2A zone and background research that sheds light on the standards purpose.

 

 

Notwithstanding the applicants concerns regarding the unreasonableness of Councils position, they have in response to a request from Council provided a SEPP 1 objection to the development standard, and sought it to be assessed without prejudice. In their SEPP 1 objection, they seek to explain how the proposed strata subdivision will not result in any adverse impacts on the locality; it will merely result in better management of the site and would not abandon the standard.

 

In assessing the applicants SEPP 1 objection to the minimum allotment size standard the following clauses in the LEP and related documents are relevant to the application:

 

a)     Clause 2(l) of the RLEP 1998 Consolidation requiring the provision of a housing mix;

 

b)     Clause 20B(1) and Clause 20B(4) which set out minimum allotment size standards for subdivision and building an attached dual occupancy on 2A zoned land respectively

 

c)     Clause 10 of the RLEP 1998 which lists relevant 2A zone objectives as follows:

 

a.  providing a low density residential environment,

b.  maintaining the desirable attributes of established residential areas

c.  protecting the amenity of existing residents,

d.  encouraging housing affordability,

 

and

 

d)     Background reviews of the LEP that Council has undertaken in adopting the development standards referred to in Clause 20B(1) and Clause 20B(4).

 

To the extent of the applicants SEPP 1 objection satisfies the 2A zone objectives, it is considered that it merely points to the absence of physical impacts rather than addressing other relevant objectives such as the maintenance of the desirable attributes of established residential areas and protection of amenity, encouraging housing affordability and providing a housing mix. In this respect, the SEPP 1 objection has not established that the proposed strata subdivision will result in the protection of local amenity, encourages housing affordability and providing for housing mix that would be afforded by a development that complied with the standard.

 

Having particular regard to research conducted by Council, it is considered that the reports titled “Dual occupancy and single detached dwellings – Draft DCP and Draft LEP (Amendment No 36). 56/2005” are an important consideration to this application seeking strata subdivision as it supports the underlying purpose of the minimum allotment size standards for both subdivision in the 2A zone and construction of an attached dual occupancy under single ownership. In fact the RLEP 1998 was amended in early 2010 after much analysis of a number of strategic and statutory components discussed under this report.  The discussions included looking at the strategic outcomes that Council and the community were seeking and then adjusting the development standards in the LEP to achieve these.  These changes were implemented in the Randwick LEP 1998 (Consolidation) that was gazetted on 15 January 2010.

 

The Council undertook a review of the minimum allotment size for the Randwick Council area. The notable aspects of this process were defining the average allotment sizes and relating that to the character of the City.  An additional consideration was the provision of a variety of different housing forms and how the implementation of these would be achieved.

 

The consequence of Council’s review was that the minimum allotment size in the RLEP was adjusted down from 450m² to 400m² for an allotment.  This change was a direct result of the analysis undertaken by Council as to the nature of allotments throughout the area and the need to ensure a variety of housing supply.  It recognised, in the same way that the SEPP for Affordable Rental Housing 2009 does, that there is a need for attached dual occupancies (also known as ancillary/secondary dwellings) where the two dwellings remain in single ownership.

 

This analysis was also undertaken in 1997, when the Council were seeking to implement the previously gazetted RLEP 1998.  As a result of these two processes, there is an abundance of Council documentation on the strategic planning review and the rationale behind Council’s decisions regarding subdivision in the 2A zone.  The review also looked at the consequences of reduced allotment sizes and strata subdivision for attached dual occupancies.  A key area of concern, in this consideration, was the possible take up rate of this form of development and the larger consequences of allowing a further reduction in allotment sizes.  The following is an extract from the Director of City Planning Report 42 2005 (page 11).

 

The subdivision (including strata subdivision) of attached dual occupancies is not permitted under LEP.  Any variation that permits strata subdivision of attached dual occupancy is likely to increase the number of attached dual occupancy development applications substantially, that is subdivision would encourage a greater proportion of these 4,500 properties to be developed (almost 30% of 2A properties), as each dwelling can be sold separately in addition to renting or use by an extended family.  The focus of this review is to provide reasonable opportunities for this housing type, where a high standard of design can be met and to continue the current focus on increasing density in areas that are most accessible to services and transport.  In Randwick City the majority of attached dual occupancy is occurring in the southern suburbs.  Any significant increase in attached dual occupancy is likely to continue to occur primarily in the southern suburbs (over half of the 4,500).

 

The statement in the Director’s report was in part, based on a detailed issues paper prepared in 2005 by the Council.  It provides a statistical basis to the concern that the variations to the allotment size have the potential to fundamentally change the provision of housing and in areas where Council has not been concentrating medium density outcomes.  The paper provides a guide of the nature of Council’s deliberations.

 

The reviews reflect underlying issues related to the nature of development throughout the area and the integrity of the decisions being made about the form of development that the Council and the community were expecting.  The Council deliberated the questions of site area and form of subdivision at both the 1998 and 2005 reviews of the RLEP and made well considered decisions on the potential outcomes resulting from the proposed development standards.  These decision were to restrict the allotment size in low density areas to promote better design outcome for dwellings whilst at the same time, recognising that the there is a social demand for housing in the form of attached or ancillary dwellings.

 

The reasoning of Council is supported by the approach taken in State Environmental Planning Policy - Affordable Rental Housing 2009, which provides for the provision of additional dwellings on one parcel of land.  In so doing, the SEPP does not allow the separate titling of the second dwelling in low density areas.

 

The decision to allow the attached dual occupancy, in the Council’s case attached dual occupancies (under previous Clause 30(4) now Clause 20B(4), has been a well considered decision to allow another form of housing without fundamentally changing the character of an area by further reducing the minimum allotment size for subdivision.  It demonstrates the Council’s adherence to the development standard over an extended period of time.

 

The analysis undertaken by Council in 2005 also provides an insight into the objectives of the development standard.  It indicates that the Council is concerned about the nature of development that might take place and how that may impact on the character of an area.  It recognised that there was a need to provide a form of housing, attached dual occupancies, to ensure a variety of housing types are provided in the low density zone.  These factors led Council to making an informed decision about the minimum lot size for development.

 

In making a decision about the minimum allotment size, Council had particular regard to the consequence of reducing allotment sizes.  The statistics show that a reduction in allotment size would make the retention of rental housing, which is in the form of a second or attached dwelling, less attractive than simply subdividing the land for commercial gain. 

 

Having particular regard to the standards under Clause 20B(1) & 20B(4), Councils recognition is that there should be an allowance for appropriate attached dual occupancies on smaller lots under Clause 20B(4) as well as restricting subdivision to larger lots under Clause 20B(1). Clause 20B(4), requires a 450sqm lot minimum, has a smaller lot standard to promote two attached dwellings on a single allotment under single tenure or one ownership to provide for a wider variety/mix of housing types that cater to an extended family or rental situation. Clause 20B(1), requiring 400sqm per allotment,  however is distinct in that it requires larger sites for subdivision thereby restricting the speculative and individual ownership that results from allowing titling to such strata allotments. The different standards are set in order to achieve forms of development and desired housing outcomes as specifically related to the RLEP aims, relevant 2A zone objectives and Council research.

 

In respect to amenity impacts, associated with the strata subdivision itself it is considered that the strata subdivision will affect the amenity of the area where instead of shared use of resources within a family or extended family, such as shared vehicles, shared use of open space and the like, the entirely separate use of the two dwellings could increase the intensity of the use. In addition, it is also appropriate to look beyond the building that is to be subdivided to the cumulative effect of the proposed subdivision on the rental market in the area generally, whereby an un-subdivided attached dual occupancy may still facilitate affordable housing in that it may be used for inter-family housing or rented rather than be lost to owner occupancy as a result of separate titling.

 

Overall, it is considered that Council have taken a well considered and balanced strategic decision relating to development in the area and the applicants SEPP 1 objection largely points to grammatical references and an absence of physical amenity impacts rather than demonstrating how the proposal satisfies all of the relevant specific objectives and underlying purpose of the standard. Such a variation to the minimum allotment size standard as proposed would undermine the decisions by Council, to adopt a particular allotment size to achieve the stated planning outcomes. In other words, a decision in favour of the strata subdivision will have the effect of abandoning the development standard to speculative and individual ownership of substandard 2A zoned blocks of land that would in turn have the effect of transforming the character of 2A zoned land.

 

Therefore an opinion that the proposed development is consistent with the objectives of the zone and the underlying purpose of the standard cannot be formed and therefore renders the objection unfounded.

 

Matter 2

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

 

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

 

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

 

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

 

Comment: The variation from the minimum allotments size standard is inconsistent with the aims of SEPP 1 as it would detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would compromise socio-economic welfare and the orderly and economic use of the land.

 

Matter 3

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

 

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

 

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

 

Comment: The proposed development and variation from the development standard do not raise any matters of significance for State or regional environmental planning. However it is considered that there is a public benefit in maintaining the planning controls adopted by the RLEP (Consolidation) as they will maintain the existing subdivision pattern and low density character of the 2A Zone.

 

The strict adherence to the numerical standard is therefore considered reasonable.

 

Ways of establishing that compliance is unreasonable or unnecessary

 

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is reasonable and necessary as the proposed strata subdivision of an attached dual occupancy on a substandard sized allotment of land will not achieve the objectives of the development standard or those of the 2A zone.

Second

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

 

Comments:

The underlying objective or purpose of the standard is relevant to the subject development.

Third

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

 

Comments:

The underlying objective of the standard would be defeated or thwarted as full compliance in this instance is reasonable.

 

Fourth

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

 

Comments:

The minimum allotment size standard has not been abandoned or discarded by any decision or actions of Council.

 

Fifth

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

 

Comments:

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

 

 

5.    Site History

 

Approval was granted under DA/155/2006 for the demolition of an existing dwelling and construction of a new two storey attached dual occupancy including courtyards & balconies and sub-basement car park for 4 vehicles.

 

6.    Community Consultation

 

Given the proposed development doesn’t seek any additional bulk it is considered that under the DCP – Public Notification, the owners of the adjoining and neighbouring properties were not required to be notified of the development.

 

5.1 Support

8a Davidson Crescent Maroubra - consideration of hardship issues related to health. and finances

 

Comment: Whilst it appears there has been health and financial hardship experienced by the proponents of the subject address it is considered that application of the standards in this instance is warranted and abandoning the standard is not in the public interest.

 

7.    Technical Officers Comments

 

None applicable.

 

8.    Master Planning Requirements

 

Master Planning Instruments"

 

9.    Relevant Environmental Planning Instruments

 

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

 

-      Randwick Local Environmental Plan 1998 (Consolidation).

-      Environmental Planning and Assessment Act 1979 as amended.

-      Building Code of Australia.

 

(a)    Randwick Local Environmental Plan 1998

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

 

Clause 2(l) The general aims of the LEP 1998 (Consolidation) - “providing for housing mix”

See discussion below.

 

Clause 10 Zone 2A residential

The objectives of Zone No 2A are:

 

Clause 10 of the RLEP 1998 which lists the specific relevant 2A zone objectives as follows:

 

(a) providing a low density residential environment,

(b) maintaining the desirable attributes of established residential areas

(c) protecting the amenity of existing residents,

(e) encouraging housing affordability,

 

The character of an established low density residential area is generally derived from the subdivision pattern in terms of the lot configuration and the relationship of built form to the surrounding space in conjunction with the zoning of the locality. In respect to this section of Davidson Crescent, it contains several examples of established single detached houses on separate Torrens titled allotments, similar sized allotments and some recent examples of attached dual occupancy developments (without strata). Figure 2 below shows the subject site and the surrounding allotments which are similarly zoned 2A. The subject site is clearly shown as being located in the middle of the 2A zone and it is noted that Councils GIS data indicates that approximately 30% of the properties in the vicinity of the subject site have similar site areas to that of the subject site.

 

Figure 2: Subject site and surrounding sites zoned 2A.

 

In this respect, the proposed strata subdivision would likely lead to the development and strata subdivision of attached dual occupancies on lots of land well below the minimum requirements in the locality and it would lead to a cumulative and significant change in the character of the established and desired low density residential area.

 

The proposed development does not satisfy the objectives of providing for housing mix or encouraging housing affordability. The minimum allotment size standard for strata subdivision of an attached dual occupancy is set at lower levels to encourage development that would provide housing for extended families particularly across generations e.g. In-laws, parents and grandparents, etc… rather than encouraging a proliferation of separately titled dual occupancies on small sized lots.

 

In particular, the minimum standard for land subdivision under Clause 20B(1) is 400sqm per allotment and a total of 800sqm. It is set higher than that under the previous Clause 30(4) and current Clause 20B(4) which only requires 450sqm per lot for an attached dual occupancy. The intent is to allow attached dual occupancies to be constructed on lots as small as 450sqm but not to allow them to be subdivided. Allowing these types of dual occupancies to be strata titled on small lots, i.e. to be separately titled, would set a poor precedent and make lots within 2A zoned more commercially attractive to developers which would reduce the likelihood of land being developed for the purposes of enabling a mix of housing and housing affordability as described in the SEPP 1 comments above.

 

It is therefore considered that the proposed development does not comply with the abovementioned objectives.

 

Clause 22 Services

Clause 22 states that Council may grant consent to the carrying out of development where it is satisfied that adequate facilities for water supply, sewage removal/disposal and drainage are available. Although services were required to be provided under the previously approved attached dual occupancy development, updated certification would be required from the relevant authorities should the recommendation be for approval.

 

Clause 20B Minimum allotment sizes

Clause 20B(1) sets out minimum standards for strata subdivision within a 2A zone and is therefore applicable. The minimum allotment size for strata subdivision within a 2A zone is 400sqm per allotment and a total of 800sqm for strata of an attached dual occupancy. The proposed development for strata title subdivision into two lots does not comply with the minimum allotment size requirements under Clause 20B(1) of the RLEP 1998 (Consolidation) as discussed under Section 4 above.

 

9.1 Policy Controls

 

a.    Development Control Plans

None applicable other than those already addressed in report.

 

9.2 Council Policies

 

Section 94 Contributions plans

This application is EXEMPT from a levy under Council’s s94A Development Contributions Plan as it falls into the category of development with a cost of works less than $100,000.

 

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.

 

10.1  The provisions of the Regulations - S79C(1)(a)

There matters of relevance in this development application that pertains to the provisions of the EP&A Regulations 2000 and relevant procedural matters have been addressed.

 

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

The proposal is for the strata sub-division of an attached dual occupancy will not directly result in any physical works. In respect to strata subdivision, the likely impact of the development would propagate the strata subdivision of similarly substandard sized and dimensioned allotments containing attached dual occupancies in 2A zoned lots and the locality which would cumulatively transform the character of the 2A zone and contravene the intent and the underlying purpose of the subdivision standard.

 

10.3  The suitability of the site for the development – S79C(1)(c) 

The proposed subdivision is not considered to be suitable development of the site having regard to the level of non-compliance with the size of the allotment, the relevant planning matters such as the general aims of the RLEP and the relevant objectives of the 2A zone.

 


10.4  Any submissions made in accordance with the Act or Regulations - S79C(1)(d)

The application was not required to be notified, however a letter of support has been acknowledged in this report.

 

10.5  The public interest – S79C(1)(e)

The proposed strata subdivision of the attached dual occupancy is not in the public interest as it will provide a poor precedent for the strata subdivision of attached dual occupancies on substandard sized allotments of land in the 2A zone which would be contrary to the objectives for the 2A zone.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Excellence in urban design and development.

Direction:  Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The application has been assessed having regard to the abovementioned statutory framework, policy documents and background research. The application seeking strata subdivision is considered to be a form of development whereby if permitted would contravene the general aims of the RLEP 1998 (Consolidation), the relevant 2A zone objectives and the underlying intent of the standards for minimum allotment sizes for subdivision and attached dual occupancies.

 

In this respect, it is considered that the development standards for minimum allotment sizes are intended to maintain the existing low density character of the 2A zoned land by ensuring that attached dual occupancy housing are suitably located with access to services, transport, shops and the like, whilst maintaining low density and enhancing established neighbourhood character, enabling a mix of housing and encouraging housing affordability.

 

It is considered that the proposed strata subdivision of an attached dual occupancy on a substandard sized allotment of land will be inconsistent with the abovementioned aims, objectives and purposes of the standard. Further, this proposed departure would set a precedent for similar departures within land zoned 2A particularly as similar examples of allotments both in terms of sizes and frontages occur on 2A zoned blocks of land in Randwick Council. In this respect, the resultant subdivision would not represent a proper development of towns for the purposes of promoting the social and economic welfare of the community and a better environment.

 


Director City Planning Report No. CP55/10

Attachment 1

 

 

 

Recommendation

 

That Council, as the consent authority, refuses development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/183/2010 for strata subdivision of an attached dual occupancy at 8 Davidson Crescent, Maroubra, for the following reasons:

 

1.     The proposed development is inconsistent with objectives of the 2A zone. In particular it contravenes Clause 2(l) & Clause 10(1)(a, b, c, and e) under Randwick Local Environmental Plan 1998 (Consolidation) in that the development propagates a cumulative increase in the density of the residential environment, discourages a mix of housing and housing affordability.

 

2.     The proposed development does not comply with Clause 20B(1) under Randwick Local Environmental Plan 1998 (Consolidation) in that the proposed subdivision is well below the minimum standard and will be inconsistent with the existing and desired future character of the locality.

 

3.     The proposed development will result in a proliferation of strata titled attached dual occupancy developments on substandard lots in the 2A Zone due to the commercial attractiveness of having separate titles for the dual occupancies.

 

4.     The proposed development does not comply with the minimum allotment sizes stipulated under Council’s LEP 1998 (Consolidation) and will increase densities in areas that are not easily accessible to public transport and services.

 

Attachment/s:

 

Nil

 

 

 


Planning Committee

12 October 2010

 

 

 

Notice of Rescission Motion No. NR7/10

 

 

Subject:                  Notice of Rescission Motion submitted by Crs Matson, Smith & Woodsmith - 491 Bunnerong Road, Matraville

Folder No:                   DA/907/2009

Submitted by:          Councillor Matson, East Ward; Councillor Smith, North Ward; Councillor Woodsmith, North Ward     

 

That the resolution passed at the Ordinary Council meeting held on Tuesday, 21 September 2010 reading as follows:

 

‘RESOLUTION: (White/Andrews) that Council, as the responsible authority, grant its development consent under section 80 & 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application DA/907/2009 for the demolition of the existing dwelling and construction of a part 3/part 5 storey mixed use development in two building forms comprising a retail tenancy at ground level, 10 residential dwellings and 2 levels of basement parking for 15 vehicles at 491 Bunnerong Road, Matraville, subject to the following conditions:  

 

Development consent conditions

 

Referenced Plans:

 

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

 

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

 

Plan Number

Revision

Prepared by

Plot Date

Received on

DA01

B

Architectural Solutions

May 10

02/09/10

DA02

E

-

07/09/10

DA03

B

May 10

07/09/10

DA04

B

May 10

02/09/10

DA05

B

May 10

11/06/10

DA06

B

May 10

11/06/10

DA07

B

May 10

11/06/10

DA077

B

May 10

07/09/10

DA08

B

May 10

11/06/10

DA09

B

May 10

11/06/10

DA10

D

-

07/09/10

DA11

D

-

07/09/10

       

the application form and any supporting information received with the application, except as may be amended by the following conditions:

 

2.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the details shown on colour finishes image received by Council on 4 December 2009.

 

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

         

          In this regard, an Application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of appropriate street and unit numbers for the development, prior to issuing an occupation certificate.

 

4.       The enclosure of balconies is prohibited by this consent.

 

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

 

6.       Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

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

 

8.       A ceiling fan must be installed in each bedroom of all proposed residential units within the development. Details are to be provided in the Construction Certificate documentation to the satisfaction of the Principal Certifying Authority.

 

9.       A separate Development Application and Construction Certificate or a Complying Development Certificate (as applicable) must be obtained with regard to the proposed usage of the retail tenancy at ground floor level.

 

10.     The proposed development (except the awning over the footpath) must not encroach onto Council’s land (i.e. airspace).

 

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

 

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

 

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

 

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

 

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

 

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

 

·           Stormwater management (i.e. rainwater tanks)

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

·           Landscaping provisions

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

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

 

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

 

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

 

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

 

15.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, the following monetary levy must be paid to Council.

 

Category

Cost

Applicable Levy

S94A Levy

Development cost

$100,001 - $200,000

------

0.5%

------

Development Cost

More than $200,000

$2,466,493.70

1%

$24,664.95

 

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

 

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

 

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

 

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

 

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

 

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

 

18.     Prior to the commencement of any building works, a construction certificate must be obtained from Council’s Building Certification Services or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

31.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc.) located upon       all of the premises adjoining the subject site.

 

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

 

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

 

33.     A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to issuing an occupation certificate, which certifies that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

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

 

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

 

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

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

 

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

 

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

 

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

·       effectively support  the excavation and building; and

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

 

Notes

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

 

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

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

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

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

 

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

 

36.     Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building, demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and (except as detailed below) between 8.00am to 5.00pm on Saturdays.

 

All building, demolition and associated site works are strictly prohibited on Sundays, Public Holidays and also on Saturdays adjacent to a Public Holiday.

 

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

 

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

 

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

 

38.     A Registered Surveyor’s check survey certificate or compliance certificate is to be forwarded to the principal certifying authority (and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority), detailing compliance with Council’s approval at the following stage/s of construction:

 

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

 

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

 

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

 

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

 

40.     Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building, demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and (except as detailed below) between 8.00am to 5.00pm on Saturdays.

 

All building, demolition and associated site works are strictly prohibited on Sundays, Public Holidays and also on Saturdays adjacent to a Public Holiday.

 

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

 

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

 

a)     The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times.  Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·           construction traffic management provisions.

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

 

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

 

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

 

Dust control measures and practices may include:-

 

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

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

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

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

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

·       Revegetation of disturbed areas.

 

44.     During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing.

 

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

 

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

 

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

 

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

 

 

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

 

45.     Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted.

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the site. Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

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

 

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

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

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

 

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

 

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

 

46.     A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the site which comprise:-

 

·       any works or hoisting of materials over a public footway or adjoining premises, or

·       any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.

 

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

 

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

 

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

 

§   Australian Standard 2601 (2001) – Demolition of Structures

§   Occupational Health and Safety Act 2000

§   Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

§   WorkCover NSW – Guidelines and Codes of Practice

§   Randwick City Council’s Asbestos Policy

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

 

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

 

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

 

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

§   Details of hazardous materials, including asbestos

§   Method/s of demolition and removal of asbestos

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

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

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

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

§   Date the demolition and removal of asbestos will commence

 

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

 

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

 

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

 

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

 

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

 

c)     On sites involving the removal of asbestos, a  professionally manufactured sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS” and include details of the licensed contractor. The sign shall measure not less than 400mm x 300mm and the sign is to be installed prior to demolition work commencing and is to remain in place until such time as all asbestos has been safely removed from the site.

 

d)     Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996. Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

e)     A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council upon completion of the works prior to an Occupation Certificate being issued, which confirms that the asbestos material have been removed appropriately and the relevant requirements contained in the Asbestos Survey and conditions of consent in relation to the safe removal and disposal of asbestos, have been satisfied.

 

The following conditions are applied to provide access and facilities for people with disabilities:

 

50.     Access, facilities and car parking for people with disabilities must be provided to and within the building in accordance with the relevant provisions of the Building Code of Australia and AS1428.1, AS4299 & AS2890.1 and relevant Council development control plans for the subject development, to the satisfaction of the Certifying Authority.  Details of the proposed access, facilities and car parking for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

The following conditions are applied to satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

51.     The use and operation of the premises shall not give rise to an environmental health or public nuisance, vibration to other premises or, result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

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

 

54.     A separate development application and construction certificate or a complying development certificate (as applicable) must be obtained if the retail tenancy is to be used at any time for any of the purposes detailed below:

 

·       All food businesses (including premises used for the sale, storage, preparation and distribution of food and drinks)

·       Hairdressing salons, Beauty salons, Businesses involving Skin Penetration & Piercing, Massage businesses

·       Licensed premises, places of public entertainment and hotels

·       Places of Shared Accommodation (including Boarding / Lodging Houses, Bed & Breakfast businesses, Backpackers, Residential Hotels or the like

·       Premises which have a Cooling Tower or Warm Water System

·       Business providing any form of sexual service (i.e. brothel or the like).

 

Business premises which are used for these purposes must comply with relevant public health and safety legislation and requirements and they must be registered with Council prior to an Occupation Certificate being issued for the development. The relevant registration and inspection fee is also required to be paid to Council in accordance with Council’s adopted Pricing Policy.

 

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

 

55.     The residential units are to achieve the following internal acoustic amenity criteria:

 

a)     In naturally ventilated residential units; the repeatable maximum LAeq (1 hour) shall not exceed:

 

·       35 dB(A) between 10pm and 7am in sleeping areas when the windows are closed;

·       45 dB(A) in sleeping areas when windows are open;

·       45 dB(A) in living areas (24 hours) when the windows are closed, and

·       55 dB(A) in living areas when the windows are open.

 

b)     In residential units provided with mechanical ventilation, air conditioning or other complying means of ventilation, when doors and windows are shut, the repeatable maximum LAeq (1 hour) shall not exceed:

 

·       38 dB(A) between 10pm and 7am in sleeping areas;

·       46 dB(A) in living areas (24 hours).

 

Details of compliance with the relevant criteria is to be included in the construction certificate application and written confirmation of compliance is to be provided to the Council and the Certifying Authority, by the Acoustic consultant, prior to the construction certificate being issued.

 

Security Deposit Conditions

 

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

 

 

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

 

a)   $5000.00   -      Damage / Civil Works Security Deposit

 

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

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

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

 

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

 

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

 

Civil Works Conditions

 

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

 

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

 

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

 

NOTE: The design and construction of the gutter crossing off Bunnerong Road shall be in accordance with RTA requirements. Details of these requirements should be obtained from RTA's Project Services Manager, Traffic Projects Section, Parramatta (Ph: 8849 2144).

 

Detailed design plans of the proposed gutter crossing are to be submitted to the RTA for approval prior to the commencement of any road works.

 

It should be noted that a plan checking fee (amount to be advised) and lodgement of a performance bond may be required from the applicant prior to the release of the approved road design plans by the RTA.

 

b)   Re-construct  kerb and gutter for the full site frontage except opposite the vehicular access point.

 

c)   Reconstruct the Bunnerong Road site frontage in accordance with Council’s Urban Elements Design Manual for the Matraville Commercial Centre. It is noted that this will include footpath reconstruction along the full site frontage.

 

NOTE: In this regard the footpath area immediately in front of the pedestrian entrance and lobby shall be kept clear of street plantings and street furniture for the purpose of a kerbside collection point for waste bins for the residential component of the development. The existing Council street tree shall also be removed (see landscape conditions).

 

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

 

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

 

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

 

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

 

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

 

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

 

Traffic & RTA conditions

 

The following conditions are applied to comply with the requirements of the RTA and Council’s Traffic Engineering section.

 

60.     All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level for a distance of 2.0m within the site or splayed 2.0m metre by 2.0 metre to provide satisfactory sight lines. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

61.     Prior to commencement of works a Road Occupancy Licence should be obtained from the RTA for any works that may impact on traffic flows on Bunnerong Road during construction activities.

 

62.     All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping.  A construction zone will not be permitted on Bunnerong Road.

 

63.     Prior to the issue of a construction certificate, the applicant shall submit for approval and have approved by Council's Traffic Engineer a detailed construction traffic management plan. The plan shall demonstrate how construction and delivery vehicles will access the development site during the demolition and construction phase of the development.

 

All traffic associated with the subject development shall comply with the terms of the approved construction traffic management plan.

 

64.     Prior to the issuing of a construction certificate for any works on the subject site, the existing building on the adjoining property at 489 Bunnerong Road must be demolished.

 

65.     Prior to the issuing of a Construction Certificate, the suitable rights of carriageway, easements for access, etc shall be created and places on the 88B Instrument as required to ensure that vehicles can legally use the proposed driveway and access ramp.

 

66.     Prior to the issuing of an Occupation certificate the full length and width of the driveway and access ramp shall be fully constructed for the development.

 

67.     All vehicles are to enter and leave the site in a forward direction.

 

68.     The proposed shared access driveway shall comply with the following requirements from Council’s Traffic Engineering section

§  One way arrows are to be painted on the exit/entry access lanes near the front property alignment

§  Two way arrows are to be painted on the access driveway immediately prior to entering the basement garages

§  A ‘Keep Left’ sign is to be placed on the median island separating the entry/exit lanes for vehicles exiting the site

§  Once the two developments at 489 & 490 Bunnerong Rd are completed, traffic priority in the access driveway shall be given to vehicles exiting the site from 489 Bunnerong Road. A Give way indicator together with appropriate line marking shall be painted on the access ramp from 490 Bunnerong road to indicate to drivers to ‘Give Way’ to drivers exiting the development at 489 Bunnerong Road.

§  All signs & line marking to be installed to Council’s satisfaction

 

Plans demonstrating compliance with above requirements are to be submitted to Councils Manager of Integrated Transport for approval prior to the issuing of a construction certificate.

 

69.     All works/regulatory signposting associated with the proposed development are to be at no cost to the RTA or Council.

 

70.     In accordance with Australian Standard 2890.1- 2004 (Parking Facilities, Part 1: Off-street car parking), the driveway shall be a minimum of 6.0 metres in width for a minimum distance of 6 metres from the property boundary to allow for two-way simultaneous entry and exit.

 

71.     The layout of the proposed basement carparking associated with the subject development (including driveways, grades, turning paths aisle widths, parking bay dimensions, etc) shall be in accordance with Australian Standard 2890.1:2004 (Part 1-Off street car parking) and Australian Standard 2890.2:2002 (Part 2 -Off-street commercial vehicle facilities).

 

72.     The applicant is to submit detailed design drawings and geotechnical reports relating to the excavation of the site and support structures to the RTA for assessment. The applicant is to meet the full cost of the assessment by the RTA.

 

This report shall address the following key issues:

a)   The impact of excavation/rock anchors on the stability of Bunnerong Road and detailing how the carriageway would be monitored for settlement.

b)   The impact of the excavation on the structural stability of Bunnerong Road.

c)   Any other issues that may need to be addressed. (Contact: Geotechnical Engineer Stanley Yuen on phone 8837 0246 or Graham Yip on phone 8837 0245 for details).

 

NOTE:

If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owners of the roadway are given at least seven (7) days notice of the intention to excavate below the base of the footings. The notice is to include complete details of the work.

 

73.     The minimum clear distance from the existing footpath in Bunnerong Road to the underside of the proposed awning shall be 3.00 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

74.     All new awnings shall be set back a minimum of 600mm from the face of kerb. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

75.     Upon completion of the construction of the awning, certification of the structural adequacy of the awning must be provided to the Council.

 

76.     Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system are to be submitted to the RTA for approval, prior to the commencement of any works.

 

Details should be forwarded to:

The Sydney Asset Management

Roads and Traffic Authority

PO Box 973 Parramatta CBD 2124.

  

A plan checking fee will be payable and a performance bond may be required before the RTA’s approval is issued. With regard to the Civil Works requirement please contact the RTA’s Project Engineer, External Works Ph: 8849 2114 or Fax: 8849 2766.

 

Alignment Level Conditions

 

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

 

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

 

·      Graded 2.5% from the top of the existing kerb at all points opposite the kerb, along the full site frontage.

 

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

 

79.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $630 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Service Authority Conditions

 

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

 

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

 

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

 

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

 

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

                                         

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

 

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

 

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

 

85.     The applicant shall meet the full cost of the overhead power lines and telecommunication cables located in the vicinity of the development site to be relocated underground and all redundant power poles to be removed. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.

 

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

 

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

 

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

 

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

 

Drainage Conditions

 

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

 

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

 

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

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

 

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

 

a)     To the kerb and gutter at the front of the property; OR

 

b)     Council’s underground drainage system in Daunt Avenue by gravity via a private drainage easement through the adjoining private property/ies (subject to assessment of any impact on trees and dwellings on neighbouring properties); OR

 

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

 

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

 

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

 

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

 

91.     The detention area must be regularly cleaned and maintained to ensure it functions as required by the design.

 

92.     Any onsite detention systems shall be located in areas accessible by residents of all units.

 

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

 

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

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

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

 

Notes:

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

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

 

94.     Any above ground stormwater detention areas must be suitably signposted where required, warning people of the maximum water level.

 

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

 

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

 

 

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

 

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

 

98.     Should stormwater be discharge to Council’s underground drainage system a reflux valve shall be provided (within the site) over any pipelines discharging from the site to ensure that stormwater from Council drainage system does not surcharge back into the site stormwater system.

 

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

 

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

 

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

 

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

b)  prior to stormwater discharging into any absorption/infiltration system.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·      A sign adjacent to the pit stating:

 

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

 

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

 

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

 

Notes:

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

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

 

102.    One car washing bay shall be provided for this development.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

b)  Finished site contours at 0.2 metre intervals;

c)  Volume of storage available in the detention areas;

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

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

f)   Details of any infiltration/absorption systems; and

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

 

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

 

105.    Should groundwater or seepage water be encountered within the depth of the basement excavation, the basement carpark or similar structures must be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard, to the satisfaction of the certifying authority. A copy of the certification is to be forwarded to Council.

 

Notes:

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

 

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

 

c)  Seepage Water must not be drained from the site

 

106.    Should groundwater or seepage water be encountered within the depth of the basement excavation a report must be submitted to and approved by the Certifying Authority or an accredited certifier, prior to issuing the Construction Certificate, detailing the proposed ongoing method of excavation and dewatering process. This report is to be prepared by suitably qualified and experienced Geotechnical, Hydrological and Structural Engineers and is to include but not limited to:

 

·       The proposed method of shoring/piling and dewatering.

·       The zone of influence of any possible settlement.

·        The location of any proposed re-injection points in relation to the property boundaries (where re-injection equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·        Monitoring of fluctuations of the water table during dewatering/construction to be undertaken by consulting engineers to ensure that the conditions of consent and other relevant requirements are satisfied.

·        The location of all proposed monitoring equipment in relation to the property boundaries (where monitoring equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·        Details of any consultation and arrangements made with owners of any potentially affected nearby premises (i.e. in relation to access, monitoring and rectification of possible damage to other premises).

·        Details of groundwater quality and proposed disposal of any potentially contaminated groundwater in accordance with relevant requirements of the Department of Environment & Conservation, Council and the Protection of the Environment Operations Act 1997, in an environmentally sensitive manner.

·        The location of all pumping equipment in relation to the property boundaries.

·        The proposed method of noise attenuation for all pumping equipment, so as not to be more than 5dB (A) greater than the A – weighted L90 background sound pressure level between the hours of 7am to 10pm within any residential premises and not to be audible at all between the hours of 10pm and 7am within any residential dwelling.

·        Confirmation that the proposed methods of dewatering and excavation are appropriate and in accordance with ‘best practice’ principles and should not result in any unacceptable levels of settlement or damage of the adjoining or nearby buildings within the zone of influence.

 

The dewatering process must be monitored by the consulting Engineer/s to the satisfaction of the principal certifying authority and documentary evidence of compliance with the relevant conditions of consent and dewatering requirements must be provided to the principal certifying authority and the Council.

 

The site conditions and fluctuations in the water table are to be reviewed by the consulting Engineer prior to and during the excavation/construction process, to ensure the suitability of the excavation and dewatering process and compliance with Council's conditions of consent.

 

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

 

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

 

Waste Management Conditions

 

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

 

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

 

110.    The waste storage areas shall be clearly signposted.

 

111.    Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste Services, a Waste Management Plan detailing waste and recycling storage and disposal for the development site.

 

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste for the units and commercial tenancy.

 

112.    Prior to the issuing of a construction certificate the applicant shall liaise with Council’s Manager of Waste in regards to the presentation of the waste bins to the kerbside for collection.

 

Landscape Conditions

 

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

 

113.    The PCA must ensure that landscaping at this site is installed substantially in accordance with the Ground & Level 1 Landscape Plans by Conzept Landscape Architects, drawing numbers LPDA 10-174/1 – 2, dated December 2009, prior to the issue of a Final Occupation Certificate, with the following additional details also to be included on these plans, prior to the commencement of any site works:

 

a.     All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm.

 

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

 

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

 

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

 

e.     Location of easements within the site and upon adjacent sites (if any).

 

f.      Any substation required shall be screened from view. The proposed location, elevation and screening method shall be shown.

 

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

 

Streetscape Works

 

115.    The applicant shall meet all costs associated with upgrading the Bunnerong Road site frontage in accordance with Council’s Urban Elements Design Manual for the Matraville Commercial Centre. All works carried out on Council property, shall be in accordance with Council’s requirements for Civil Works on Council property.

 

A detailed streetscape plan for the Bunnerong Road frontage showing proposed paving design, grades, finished levels, extent and location of awnings, doors/entranceways, the bus stop and any other details required by Council’s Landscape Architect shall be submitted to, and approved by, Council’s Director of City Services prior to commencement of the streetscape works.

 

The applicant will be required to contact and liaise with Council’s Co-ordinator of Landscape Design, Ms Kerry Colquhoun on 9399-0911, prior to preparation of the streetscape plan in order to obtain more detailed, site specific landscape design requirements from the relevant Departments of Council.

 

Following approval of the streetscape plan; and prior to commencement of the streetscape works on Council property, the applicant shall also liaise with Council’s Pre-paid Works Designer on 9399-0922, regarding scheduling of work including inspections, supervision fees and compliance with Council’s requirements for public liability insurance.

 

The approved streetscape works shall be completed to the satisfaction of Council’s Landscape Architect and Pre-paid Works Designer, prior to the issue of a Final Occupation Certificate.

 

Removal of Street Tree

 

116.    Approval is granted for the applicant to remove and dispose of (at their own cost) the existing Acmena smithii (Lilly Pilly), on Council’s Bunnerong Road footpath, to the south of the existing/proposed vehicle crossing as shown as part of the proposed works, and must satisfy themselves as to the location of all site services prior to the commencement of any works on public property.

 

117.    The applicant shall submit a total payment of $750.00 (including GST) being as a loss of amenity fee to compensate Council for the fact that this street tree is only being removed from public property to accommodate the development of private property, with a replacement not possible due to the new overhead awning.

 

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

 

Removal of neighbours trees

 

118.    The row of four Eucalyptus robutsa (Swamp Mahogany's) within the adjoining property to the south, 493 Bunnerong Road, running in an east-west arrangement, between the neighbours garage and dwelling, all close to the common boundary shall be pruned in accordance with the Arborist’s Report prepared by Urban Tree Management dated 20 September 2010.

 

Removal of trees within site

 

119.    Approval is granted for the removal of the following trees subject to full implementation of the approved landscaping:

 

a)     The Jacaranda mimosifolia (Jacaranda) within the front yard, in the southwest corner of the site, as well as another Jacaranda in the rear yard, adjacent the southeast corner of the existing dwelling, due to their poor health and condition;

 

b)     The row of trees in the rear yard, along the northern site boundary, being from west to east, a Hibiscus rosa-sinesnis (Hibiscus), a Eucalyptus robusta (Swamp Mahogany), and a Brachychiton acerifolius (Illawarra Flame Tree);

 

c)     The Eucalyptus robusta (Swamp Mahogany) in the rear yard, along the southern site boundary, towards the southeast corner as part of the proposed basement works;

 

d)     The two Eucalyptus saligna (Sydney Blue Gums) located centrally in the rear yard, as the larger, most southern tree has an included branch union near ground level, and poses a safety risk, independent of this application, with the northern tree to be susceptible to wind throw if retained, particularly as excavations associated with the basement (to a depth of 6 metres) would be performed about 3 metres to its west.

 

Protection of tree within rear yard

 

120.    In order to ensure retention of the Corymbia citriodora (Lemon Scented Gum) located in the rear yard, towards the northeast corner of the site in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the construction certificate application must show the retention of this tree, with the position and diameter of both its trunk and canopy to be clearly shown on all drawings.

 

b.       Any new services, pipes, stormwater systems or similar that need to be installed in the rear yard must be setback a minimum distance of 4.5 metres off its trunk (measured off its outside edge at ground level), so as to minimise root damage.

 

c.       This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 3.5 metres off its trunk, on all four sides, in order to completely enclose this tree for the duration of works.

 

d.       This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed, to which signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT REMOVE/ENTER".

 

e.       Within the TPZ, there is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble.

 

f.        Any roots encountered during the course of the approved works must be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

 

ADVISORY MATTERS:

 

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

 

In this regard, the development consent plans do not show compliance with the deemed-to-satisfy provisions of the BCA, including:

 

a)     Part B1                  -     Structural provisions

b)     Part C1                 -     Fire resistance and stability

c)     Part C2                 -     Compartmentation and separation

d)     Part C3                 -     Protection of openings

e)     Part D1                 -     Provisions for escape

f)      Clause D1.4            -     Exit travel distances

g)     Part D2                 -     Construction of exits

h)     Clause D3.5            -     Car parking for people with disabilities

i)      Part E1                  -     Fire fighting equipment

j)      Part E2                  -     Smoke Hazard Management

k)     Part E3                  -     Lift Installations

l)      Part E4                  -     Emergency lighting, exit signs & warning                         systems

m)     Part F1                  -     Damp and weatherproofing

n)     Part F5                  -     Sound Transmission and Insulation

o)     Section J               -     Energy efficiency

 

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

 

You are advised to ensure that the development is not inconsistent with Council's consent and if necessary consult with Council’s Building Certification Services or your accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

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

 

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

 

3.       Construction cranes may be required to operate at a height significantly higher       than that of the proposed controlled activity and consequently, may not be     approved under the Airports (Protection of Airspace) regulations.

 

Sydney Airport Corporation Ltd advises that approval to operate construction equipment (i.e. cranes) should be obtained prior to any commitment to construct.’

 

BE AND IS HEREBY RESCINDED.

 

If the Rescission Motion is carried, it is intended to move the following motion:

 

A.       That Council as the responsible authority grant its development consent as a “Deferred Commencement” under Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application DA/907/2009 for the demolition of the existing dwelling and construction of a part 3/part 5 storey mixed use development in two building forms comprising a retail tenancy at ground level, 10 residential dwellings and 2 levels of basement parking for 15 vehicles at 491 Bunnerong Road, Matraville, subject to the following conditions:  

 

Deferred Commencement Conditions:

 

The consent is not to operate until the applicant satisfies the Council in accordance with the Regulation, as to the matters specified in the following condition:

 

1.       The applicant must provide written consent from the adjoining property owners at 493 Bunnerong Road for the removal of the row of four Eucalyptus robusta (Swamp Mahogany) within No. 493 in order to accommodate the proposed development.

 

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

 

Development Consent Conditions

 

B.     Subject to compliance with the deferred commencement conditions, to the satisfaction of the Director of city Planning, development consent is granted under section 80 & 80A of the Environmental Planning and Assessment Act 1979 subject to the following conditions:

 

Referenced Plans:

 

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

 

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

 

Plan Number

Revision

Prepared by

Plot Date

Received on

DA01

B

Architectural Solutions

May 10

02/09/10

DA02

E

-

07/09/10

DA03

B

May 10

07/09/10

DA04

B

May 10

02/09/10

DA05

B

May 10

11/06/10

DA06

B

May 10

11/06/10

DA07

B

May 10

11/06/10

DA077

B

May 10

07/09/10

DA08

B

May 10

11/06/10

DA09

B

May 10

11/06/10

DA10

D

-

07/09/10

DA11

D

-

07/09/10

       

the application form and any supporting information received with the application, except as may be amended by the following conditions:

 

2.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the details shown on colour finishes image received by Council on 4 December 2009.

 

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

         

          In this regard, an Application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of appropriate street and unit numbers for the development, prior to issuing an occupation certificate.

 

4.       The enclosure of balconies is prohibited by this consent.

 

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

 

6.       Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

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

 

8.       A ceiling fan must be installed in each bedroom of all proposed residential units within the development. Details are to be provided in the Construction Certificate documentation to the satisfaction of the Principal Certifying Authority.

 

9.       A separate Development Application and Construction Certificate or a Complying Development Certificate (as applicable) must be obtained with regard to the proposed usage of the retail tenancy at ground floor level.

 

10.     The proposed development (except the awning over the footpath) must not encroach onto Council’s land (i.e. airspace).

 

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

 

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

 

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

 

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

 

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

 

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

 

·           Stormwater management (i.e. rainwater tanks)

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

·           Landscaping provisions

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

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

 

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

 

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

 

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

 

15.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, the following monetary levy must be paid to Council.

 

Category

Cost

Applicable Levy

S94A Levy

Development cost

$100,001 - $200,000

------

0.5%

------

Development Cost

More than $200,000

$2,466,493.70

1%

$24,664.95

 

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

 

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

 

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

 

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

 

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

 

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

 

18.     Prior to the commencement of any building works, a construction certificate must be obtained from Council’s Building Certification Services or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

31.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc.) located upon       all of the premises adjoining the subject site.

 

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

 

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

 

33.     A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to issuing an occupation certificate, which certifies that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·       effectively support  the excavation and building; and

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

 

Notes

 

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

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

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

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

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

 

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

 

36.     Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building, demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and (except as detailed below) between 8.00am to 5.00pm on Saturdays.

 

All building, demolition and associated site works are strictly prohibited on Sundays, Public Holidays and also on Saturdays adjacent to a Public Holiday.

 

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

 

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

 

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

 

38.     A Registered Surveyor’s check survey certificate or compliance certificate is to be forwarded to the principal certifying authority (and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority), detailing compliance with Council’s approval at the following stage/s of construction:

 

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

 

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

 

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

 

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

 

40.     Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building, demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and (except as detailed below) between 8.00am to 5.00pm on Saturdays.

 

All building, demolition and associated site works are strictly prohibited on Sundays, Public Holidays and also on Saturdays adjacent to a Public Holiday.

 

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

 

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

 

a)     The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times.  Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council.

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

 

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

 

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

 

Dust control measures and practices may include:-

 

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

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

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

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

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

·       Revegetation of disturbed areas.

 

44.     During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing.

 

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

 

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

 

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

 

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

 

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

 

45.     Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted.

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the site. Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

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

 

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

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

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

 

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

 

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

 

46.     A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the site which comprise:-

 

·       any works or hoisting of materials over a public footway or adjoining premises, or

·       any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.

 

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

 

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

 

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

 

 

§   Australian Standard 2601 (2001) – Demolition of Structures

§   Occupational Health and Safety Act 2000

§   Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

§   WorkCover NSW – Guidelines and Codes of Practice

§   Randwick City Council’s Asbestos Policy

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

 

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

 

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

 

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

§   Details of hazardous materials, including asbestos

§   Method/s of demolition and removal of asbestos

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

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

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

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

§   Date the demolition and removal of asbestos will commence

 

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

 

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

 

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

 

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

 

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

 

c)     On sites involving the removal of asbestos, a  professionally manufactured sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS” and include details of the licensed contractor. The sign shall measure not less than 400mm x 300mm and the sign is to be installed prior to demolition work commencing and is to remain in place until such time as all asbestos has been safely removed from the site.

 

d)     Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996. Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

e)     A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council upon completion of the works prior to an Occupation Certificate being issued, which confirms that the asbestos material have been removed appropriately and the relevant requirements contained in the Asbestos Survey and conditions of consent in relation to the safe removal and disposal of asbestos, have been satisfied.

 

The following conditions are applied to provide access and facilities for people with disabilities:

 

50.     Access, facilities and car parking for people with disabilities must be provided to and within the building in accordance with the relevant provisions of the Building Code of Australia and AS1428.1, AS4299 & AS2890.1 and relevant Council development control plans for the subject development, to the satisfaction of the Certifying Authority.  Details of the proposed access, facilities and car parking for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

The following conditions are applied to satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

51.     The use and operation of the premises shall not give rise to an environmental health or public nuisance, vibration to other premises or, result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

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

 

 

54.     A separate development application and construction certificate or a complying development certificate (as applicable) must be obtained if the retail tenancy is to be used at any time for any of the purposes detailed below:

 

·       All food businesses (including premises used for the sale, storage, preparation and distribution of food and drinks)

·       Hairdressing salons, Beauty salons, Businesses involving Skin Penetration & Piercing, Massage businesses

·       Licensed premises, places of public entertainment and hotels

·       Places of Shared Accommodation (including Boarding / Lodging Houses, Bed & Breakfast businesses, Backpackers, Residential Hotels or the like

·       Premises which have a Cooling Tower or Warm Water System

·       Business providing any form of sexual service (i.e. brothel or the like).

 

Business premises which are used for these purposes must comply with relevant public health and safety legislation and requirements and they must be registered with Council prior to an Occupation Certificate being issued for the development. The relevant registration and inspection fee is also required to be paid to Council in accordance with Council’s adopted Pricing Policy.

 

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

 

55.     The residential units are to achieve the following internal acoustic amenity criteria:

 

a)     In naturally ventilated residential units; the repeatable maximum LAeq (1 hour) shall not exceed:

 

·       35 dB(A) between 10pm and 7am in sleeping areas when the windows are closed;

·       45 dB(A) in sleeping areas when windows are open;

·       45 dB(A) in living areas (24 hours) when the windows are closed, and

·       55 dB(A) in living areas when the windows are open.

 

b)     In residential units provided with mechanical ventilation, air conditioning or other complying means of ventilation, when doors and windows are shut, the repeatable maximum LAeq (1 hour) shall not exceed:

 

·       38 dB(A) between 10pm and 7am in sleeping areas;

·       46 dB(A) in living areas (24 hours).

 

Details of compliance with the relevant criteria is to be included in the construction certificate application and written confirmation of compliance is to be provided to the Council and the Certifying Authority, by the Acoustic consultant, prior to the construction certificate being issued.

 

Security Deposit Conditions

 

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

 

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

 

a)   $5000.00   -      Damage / Civil Works Security Deposit

 

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

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

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

 

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

 

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

 

Civil Works Conditions

 

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

 

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

 

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

 

NOTE: The design and construction of the gutter crossing off Bunnerong Road shall be in accordance with RTA requirements. Details of these requirements should be obtained from RTA's Project Services Manager, Traffic Projects Section, Parramatta (Ph: 8849 2144).

 

Detailed design plans of the proposed gutter crossing are to be submitted to the RTA for approval prior to the commencement of any road works.

 

It should be noted that a plan checking fee (amount to be advised) and lodgement of a performance bond may be required from the applicant prior to the release of the approved road design plans by the RTA.

 

b)   Re-construct  kerb and gutter for the full site frontage except opposite the vehicular access point.

 

c)   Reconstruct the Bunnerong Road site frontage in accordance with Council’s Urban Elements Design Manual for the Matraville Commercial Centre. It is noted that this will include footpath reconstruction along the full site frontage.

 

NOTE: In this regard the footpath area immediately in front of the pedestrian entrance and lobby shall be kept clear of street plantings and street furniture for the purpose of a kerbside collection point for waste bins for the residential component of the development. The existing Council street tree shall also be removed (see landscape conditions).

 

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

 

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

 

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

 

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

 

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

 

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

 

Traffic & RTA conditions

 

The following conditions are applied to comply with the requirements of the RTA and Council’s Traffic Engineering section.

 

60.     All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level for a distance of 2.0m within the site or splayed 2.0m metre by 2.0 metre to provide satisfactory sight lines. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

61.     Prior to commencement of works a Road Occupancy Licence should be obtained from the RTA for any works that may impact on traffic flows on Bunnerong Road during construction activities.

 

62.     All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping.  A construction zone will not be permitted on Bunnerong Road.

 

63.     Prior to the issue of a construction certificate, the applicant shall submit for approval and have approved by Council's Traffic Engineer a detailed construction traffic management plan. The plan shall demonstrate how construction and delivery vehicles will access the development site during the demolition and construction phase of the development.

 

All traffic associated with the subject development shall comply with the terms of the approved construction traffic management plan.

 

64.     Prior to the issuing of a construction certificate for any works on the subject site, the existing building on the adjoining property at 489 Bunnerong Road must be demolished.

 

65.     Prior to the issuing of a Construction Certificate, the suitable rights of carriageway, easements for access, etc shall be created and places on the 88B Instrument as required to ensure that vehicles can legally use the proposed driveway and access ramp.

 

66.     Prior to the issuing of an Occupation certificate the full length and width of the driveway and access ramp shall be fully constructed for the development.

 

67.     All vehicles are to enter and leave the site in a forward direction.

 

68.     The proposed shared access driveway shall comply with the following requirements from Council’s Traffic Engineering section

§  One way arrows are to be painted on the exit/entry access lanes near the front property alignment

§  Two way arrows are to be painted on the access driveway immediately prior to entering the basement garages

§  A ‘Keep Left’ sign is to be placed on the median island separating the entry/exit lanes for vehicles exiting the site

§  Once the two developments at 489 & 490 Bunnerong Rd are completed, traffic priority in the access driveway shall be given to vehicles exiting the site from 489 Bunnerong Road. A Give way indicator together with appropriate line marking shall be painted on the access ramp from 490 Bunnerong road to indicate to drivers to ‘Give Way’ to drivers exiting the development at 489 Bunnerong Road.

§  All signs & line marking to be installed to Council’s satisfaction

 

Plans demonstrating compliance with above requirements are to be submitted to Councils Manager of Integrated Transport for approval prior to the issuing of a construction certificate.

 

69.     All works/regulatory signposting associated with the proposed development are to be at no cost to the RTA or Council.

 

70.     In accordance with Australian Standard 2890.1- 2004 (Parking Facilities, Part 1: Off-street car parking), the driveway shall be a minimum of 6.0 metres in width for a minimum distance of 6 metres from the property boundary to allow for two-way simultaneous entry and exit.

 

71.     The layout of the proposed basement carparking associated with the subject development (including driveways, grades, turning paths aisle widths, parking bay dimensions, etc) shall be in accordance with Australian Standard 2890.1:2004 (Part 1-Off street car parking) and Australian Standard 2890.2:2002 (Part 2 -Off-street commercial vehicle facilities).

 

72.     The applicant is to submit detailed design drawings and geotechnical reports relating to the excavation of the site and support structures to the RTA for assessment. The applicant is to meet the full cost of the assessment by the RTA.

 

This report shall address the following key issues:

a)   The impact of excavation/rock anchors on the stability of Bunnerong Road and detailing how the carriageway would be monitored for settlement.

b)   The impact of the excavation on the structural stability of Bunnerong Road.

c)   Any other issues that may need to be addressed. (Contact: Geotechnical Engineer Stanley Yuen on phone 8837 0246 or Graham Yip on phone 8837 0245 for details).

 

NOTE:

If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owners of the roadway are given at least seven (7) days notice of the intention to excavate below the base of the footings. The notice is to include complete details of the work.

 

73.     The minimum clear distance from the existing footpath in Bunnerong Road to the underside of the proposed awning shall be 3.00 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

74.     All new awnings shall be set back a minimum of 600mm from the face of kerb. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

75.     Upon completion of the construction of the awning, certification of the structural adequacy of the awning must be provided to the Council.

 

76.     Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system are to be submitted to the RTA for approval, prior to the commencement of any works.

 

Details should be forwarded to:

The Sydney Asset Management

Roads and Traffic Authority

PO Box 973 Parramatta CBD 2124.

  

A plan checking fee will be payable and a performance bond may be required before the RTA’s approval is issued. With regard to the Civil Works requirement please contact the RTA’s Project Engineer, External Works Ph: 8849 2114 or Fax: 8849 2766.

 

Alignment Level Conditions

 

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

 

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

 

·      Graded 2.5% from the top of the existing kerb at all points opposite the kerb, along the full site frontage.

 

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

 

79.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $630 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Service Authority Conditions

 

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

 

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

 

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

 

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

 

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

                                         

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

 

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

 

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

 

85.     The applicant shall meet the full cost of the overhead power lines and telecommunication cables located in the vicinity of the development site to be relocated underground and all redundant power poles to be removed. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.

 

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

 

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

 

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

 

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

 

Drainage Conditions

 

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

 

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

 

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

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

 

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

 

a)     To the kerb and gutter at the front of the property;OR

 

b)     Council’s underground drainage system in Daunt Avenue by gravity via a private drainage easement through the adjoining private property/ies (subject to assessment of any impact on trees and dwellings on neighbouring properties); OR

 

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

 

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

 

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

 

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

 

91.     The detention area must be regularly cleaned and maintained to ensure it functions as required by the design.

 

92.     Any onsite detention systems shall be located in areas accessible by residents of all units.

 

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

 

a)     300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

b)     600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10.

c)     1200mm in landscaped areas where a childproof fence is provided around the outside of the detention area

 

Notes:

§  It is noted that above ground storage will not be permitted in basement carparks or in any area which may be used for storage of goods.

§  Mulch/bark must not be used in onsite detention areas

 

 

94.     Any above ground stormwater detention areas must be suitably signposted where required, warning people of the maximum water level.

 

95.     The floor level of all habitable and storage areas adjacent to the detention area  must be a minimum of 300mm above the maximum water level in the detention area for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

96.     A childproof and corrosion resistant fastening system shall be installed on access grates over pits/trenches where water is permitted to be temporarily stored.

 

97.     A `V' drain is to be constructed along the perimeter of the property, where required, to direct all stormwater to the detention/infiltration area.

 

98.     Should stormwater be discharge to Council’s underground drainage system a reflux valve shall be provided (within the site) over any pipelines discharging from the site to ensure that stormwater from Council drainage system does not surcharge back into the site stormwater system.

 

99.     Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

100.    A sediment/silt arrester pit must be provided:-

 

a)  within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system; and

b)  prior to stormwater discharging into any absorption/infiltration system.

 

The sediment/silt arrester pit shall be constructed in accordance with the following requirements:-

 

·      The base of the pit located a minimum 300mm under the invert level of the outlet pipe.

 

·      The pit constructed from cast in-situ concrete, precast concrete or double brick.

 

·      A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

 

·      A galvanised heavy-duty screen located over the outlet pipe/s (Mascot GMS multipurpose filter screen or equivalent).

 

·      The grate being a galvanised heavy-duty grate that has a provision for a child proof fastening system.

 

·      A child proof and corrosion resistant fastening system provided for the access grate (e.g. spring loaded j-bolts or similar).

 

·      A sign adjacent to the pit stating:

 

“This sediment/silt arrester pit shall be regularly inspected and cleaned.”

 

Note: Sketch details of a standard sediment/silt arrester pit may be obtained from Council’s Drainage Engineer.

 

101.    Prior to occupation of the development, a "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention system is maintained and that no works which could affect the design function of the detention/infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

a.  The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.

b.  The works as executed drainage plan and hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

 

102.    One car washing bay shall be provided for this development.

 

a)       The car washing bay must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to an occupation certificate being issued for the proposed development.

 

b)       The car washing bay must be located outside any required/approved stormwater detention system.

 

c)       The car washing bay shall be located within one of the visitor parking spaces and signposted with ‘Exclusive Carwash Bay Use Sat 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’

 

d)       The car washing bay/s must be constructed with a minimum 20mm bund around the perimeter of the car washing bay/s (or equivalent)

 

e)       A water tap shall be located adjacent to the car washing bay/s.

 

103.    Prior to the issuing of an occupation certificate, the applicant shall submit to Council, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

 

a)  The location of the detention basin with finished surface levels;

b)  Finished site contours at 0.2 metre intervals;

c)  Volume of storage available in the detention areas;

d)  The location, diameter, gradient and material (i.e PVC, RC etc) of all stormwater pipes;

e)  The orifice size(s) (if applicable);

f)   Details of any infiltration/absorption systems; and

g)  Details of any pumping systems installed (including wet well volumes).

 

104.    Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

105.    Should groundwater or seepage water be encountered within the depth of the basement excavation, the basement carpark or similar structures must be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard, to the satisfaction of the certifying authority. A copy of the certification is to be forwarded to Council.

 

Notes:-

 

a)  Any subsoil drainage (from planter boxes etc) is to be disposed of within the site and is not to be discharged to Council’s kerb & gutter and/or underground drainage system.

 

b)  Adequate provision is to be made for the ground water to drain around the basement carpark (to ensure that the basement will not dam or slow the movement of the ground water through the development site).

 

c)  Seepage Water must not be drained from the site

 

106.    Should groundwater or seepage water be encountered within the depth of the basement excavation a report must be submitted to and approved by the Certifying Authority or an accredited certifier, prior to issuing the Construction Certificate, detailing the proposed ongoing method of excavation and dewatering process. This report is to be prepared by suitably qualified and experienced Geotechnical, Hydrological and Structural Engineers and is to include but not limited to:

 

·       The proposed method of shoring/piling and dewatering.

·       The zone of influence of any possible settlement.

·        The location of any proposed re-injection points in relation to the property boundaries (where re-injection equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·        Monitoring of fluctuations of the water table during dewatering/construction to be undertaken by consulting engineers to ensure that the conditions of consent and other relevant requirements are satisfied.

·        The location of all proposed monitoring equipment in relation to the property boundaries (where monitoring equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·        Details of any consultation and arrangements made with owners of any potentially affected nearby premises (ie in relation to access, monitoring and rectification of possible damage to other premises).

·        Details of groundwater quality and proposed disposal of any potentially contaminated groundwater in accordance with relevant requirements of the Department of Environment & Conservation, Council and the Protection of the Environment Operations Act 1997, in an environmentally sensitive manner.

·       The location of all pumping equipment in relation to the property boundaries.

·        The proposed method of noise attenuation for all pumping equipment, so as not to be more than 5dB (A) greater than the A – weighted L90 background sound pressure level between the hours of 7am to 10pm within any residential premises and not to be audible at all between the hours of 10pm and 7am within any residential dwelling.

·        Confirmation that the proposed methods of dewatering and excavation are appropriate and in accordance with ‘best practice’ principles and should not result in any unacceptable levels of settlement or damage of the adjoining or nearby buildings within the zone of influence.

 

The dewatering process must be monitored by the consulting Engineer/s to the satisfaction of the principal certifying authority and documentary evidence of compliance with the relevant conditions of consent and dewatering requirements must be provided to the principal certifying authority and the Council.

 

The site conditions and fluctuations in the water table are to be reviewed by the consulting Engineer prior to and during the excavation/construction process, to ensure the suitability of the excavation and dewatering process and compliance with Council's conditions of consent.

 

107.    If any temporary dewatering of the site is required to facilitate construction of any part of the basement car park and/or detention tank a licence under Part V of the Water Act 1912 will be required. The licence must be obtained from the NSW Department of Water and Energy prior to installation of the works. A copy of the license agreement must be forwarded to Council prior to any dewatering being undertaken.

 

108.    A separate written approval from Council is required to be obtained in relation to any proposed discharge of groundwater into Council’s drainage system external to the site, in accordance with the requirements of Section 138 of the Roads Act 1993.

 

Waste Management Conditions

 

The following conditions are applied to provide adequate provisions for waste management:

 

109.    The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

110.    The waste storage areas shall be clearly signposted.

 

111.    Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste Services, a Waste Management Plan detailing waste and recycling storage and disposal for the development site.

 

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste for the units and commercial tenancy.

 

112.    Prior to the issuing of a construction certificate the applicant shall liaise with Council’s Manager of Waste in regards to the presentation of the waste bins to the kerbside for collection.

 

Landscape Conditions

 

The following conditions are applied to provide adequate provisions for landscaping and to maintain reasonable levels of environmental amenity:

 

113.    The PCA must ensure that landscaping at this site is installed substantially in accordance with the Ground & Level 1 Landscape Plans by Conzept Landscape Architects, drawing numbers LPDA 10-174/1 – 2, dated December 2009, prior to the issue of a Final Occupation Certificate, with the following additional details also to be included on these plans, prior to the commencement of any site works:

 

a.     All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm.

 

b.     In order to reduce the amount of storm-water generated by the site, as well as to recharge groundwater supplies, porous/permeable paving shall be used in all hard surfacing not over slab.

 

c.     To ensure satisfactory maintenance of the landscaped areas, an automatic drip irrigation system shall be installed throughout all planted areas. Details shall be provided showing that the system will be connected to the sites rainwater tanks, with back-up connection to the mains supply, in accordance with all current Sydney Water requirements.

 

d.       All detention tanks and below ground stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping.

 

e.     Location of easements within the site and upon adjacent sites (if any).

 

f.      Any substation required shall be screened from view. The proposed location, elevation and screening method shall be shown.

 

114.    The landscaping shall be installed in accordance with the approved documentation prior to the issue of a final occupation certificate and shall be maintained in accordance with those plans.

 

Streetscape Works

 

115.    The applicant shall meet all costs associated with upgrading the Bunnerong Road site frontage in accordance with Council’s Urban Elements Design Manual for the Matraville Commercial Centre. All works carried out on Council property, shall be in accordance with Council’s requirements for Civil Works on Council property.

 

A detailed streetscape plan for the Bunnerong Road frontage showing proposed paving design, grades, finished levels, extent and location of awnings, doors/entranceways, the bus stop and any other details required by Council’s Landscape Architect shall be submitted to, and approved by, Council’s Director of City Services prior to commencement of the streetscape works.

 

The applicant will be required to contact and liaise with Council’s Co-ordinator of Landscape Design, Ms Kerry Colquhoun on 9399-0911, prior to preparation of the streetscape plan in order to obtain more detailed, site specific landscape design requirements from the relevant Departments of Council.

 

Following approval of the streetscape plan; and prior to commencement of the streetscape works on Council property, the applicant shall also liaise with Council’s Pre-paid Works Designer on 9399-0922, regarding scheduling of work including inspections, supervision fees and compliance with Council’s requirements for public liability insurance.

 

The approved streetscape works shall be completed to the satisfaction of Council’s Landscape Architect and Pre-paid Works Designer, prior to the issue of a Final Occupation Certificate.

 

Removal of Street Tree

 

116.    Approval is granted for the applicant to remove and dispose of (at their own cost) the existing Acmena smithii (Lilly Pilly), on Council’s Bunnerong Road footpath, to the south of the existing/proposed vehicle crossing as shown as part of the proposed works, and must satisfy themselves as to the location of all site services prior to the commencement of any works on public property.

 

117.    The applicant shall submit a total payment of $750.00 (including GST) being as a loss of amenity fee to compensate Council for the fact that this street tree is only being removed from public property to accommodate the development of private property, with a replacement not possible due to the new overhead awning.

 

The contribution shall be paid into Tree Amenity Income at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development.

 

Removal of neighbours trees

 

118.    Subject to satisfying the Deferred Commencement condition of this consent, approval is granted for removal of the following trees, which must be  removed, prior to the issue of a Construction Certificate:

 

 a)    The row of four Eucalyptus robutsa (Swamp Mahogany's) within the adjoining property to the south, 493 Bunnerong Road, running in an east-west arrangement, between the neighbours garage and dwelling, all close to the common boundary.

 

Removal of trees within site

 

119.    Approval is granted for the removal of the following trees subject to full implementation of the approved landscaping:

 

a)     The Jacaranda mimosifolia (Jacaranda) within the front yard, in the southwest corner of the site, as well as another Jacaranda in the rear yard, adjacent the southeast corner of the existing dwelling, due to their poor health and condition;

 

b)     The row of trees in the rear yard, along the northern site boundary, being from west to east, a Hibiscus rosa-sinesnis (Hibiscus), a Eucalyptus robusta (Swamp Mahogany), and a Brachychiton acerifolius (Illawarra Flame Tree);

 

c)     The Eucalyptus robusta (Swamp Mahogany) in the rear yard, along the southern site boundary, towards the southeast corner as part of the proposed basement works;

 

d)     The two Eucalyptus saligna (Sydney Blue Gums) located centrally in the rear yard, as the larger, most southern tree has an included branch union near ground level, and poses a safety risk, independent of this application, with the northern tree to be susceptible to wind throw if retained, particularly as excavations associated with the basement (to a depth of 6 metres) would be performed about 3 metres to its west.

 

Protection of tree within rear yard

 

120.    In order to ensure retention of the Corymbia citriodora (Lemon Scented Gum) located in the rear yard, towards the northeast corner of the site in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the construction certificate application must show the retention of this tree, with the position and diameter of both its trunk and canopy to be clearly shown on all drawings.

 

b.       Any new services, pipes, stormwater systems or similar that need to be installed in the rear yard must be setback a minimum distance of 4.5 metres off its trunk (measured off its outside edge at ground level), so as to minimise root damage.

 

c.       This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 3.5 metres off its trunk, on all four sides, in order to completely enclose this tree for the duration of works.

 

d.       This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed, to which signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT REMOVE/ENTER".

 

e.       Within the TPZ, there is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble.

 

f.        Any roots encountered during the course of the approved works must be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

 

ADVISORY MATTERS:

 

1.       The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

In this regard, the development consent plans do not show compliance with the deemed-to-satisfy provisions of the BCA, including:

 

a)     Part B1                  -     Structural provisions

b)     Part C1                 -     Fire resistance and stability

c)     Part C2                 -     Compartmentation and separation

d)     Part C3                 -     Protection of openings

e)     Part D1                 -     Provisions for escape

f)      Clause D1.4            -     Exit travel distances

g)     Part D2                 -     Construction of exits

h)     Clause D3.5            -     Car parking for people with disabilities

i)      Part E1                  -     Fire fighting equipment

j)      Part E2                  -     Smoke Hazard Management

k)     Part E3                  -     Lift Installations

l)      Part E4                  -     Emergency lighting, exit signs & warning systems

m)     Part F1                  -     Damp and weatherproofing

n)     Part F5                  -     Sound Transmission and Insulation

o)     Section J               -     Energy efficiency

 

Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

You are advised to ensure that the development is not inconsistent with Council's consent and if necessary consult with Council’s Building Certification Services or your accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

2.       The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act.  In this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

The applicant/owner is requested to give consideration to providing access and facilities for people with disabilities in accordance with Australian Standard 1428 Parts 1, 2, 3 and 4 - Design for Access and Mobility, which may be necessary to satisfy the objectives of the Disability Discrimination Act 1992.

 

3.       Construction cranes may be required to operate at a height significantly higher       than that of the proposed controlled activity and consequently, may not be     approved under the Airports (Protection of Airspace) regulations.

 

Sydney Airport Corporation Ltd advises that approval to operate construction equipment (i.e. cranes) should be obtained prior to any commitment to construct.