MINUTES OF Planning Committee Meeting of the

Council of the City of Randwick HELD ON

Tuesday, 12 October 2010 AT 6:27pm

 

Present:

 

The Mayor, Councillor M Matson (East Ward)

 

North Ward                                           -     Councillors K Smith, P Tracey &

                                                                M Woodsmith

 

South Ward                                          -     Councillors R Belleli, C Matthews &

                                                                A White

 

East Ward                                            -     Councillors T Bowen & B Notley-Smith

                                                                 

West Ward                                           -     Councillor S Nash

 

Central Ward                                        -     Councillors T Seng (Chairperson) &

                                                                G Stevenson

 

Officers present:

 

General Manager                                             Mr R Brownlee

Director City Services                                      Mr J  Frangoples

Director City Planning                                       Ms S Truuvert

Director Governance & Financial Services             Mr G Banting

Manager Development Assessment                     Mr K Kyriacou

Senior Administrative Coordinator                       Ms J Hartshorn

 

The meeting was adjourned at 6.28pm and was resumed at 6.54pm.

 

Apologies/Granting of Leave of Absences 

 

Apologies were received from Crs Andrews, Hughes and Procopiadis.

 

RESOLVED: (Smith/Matson) that the apologies received from Crs Andrews, Hughes and Procopiadis be accepted and leave of absences from the meeting be granted.

 

Confirmation of the Minutes

 

Confirmation of the Minutes of the Planning Committee Meeting held on Tuesday 14 September 2010

PL103/10

RESOLUTION: (Mayor, Cr Matson/Smith) that the Minutes of the Planning Committee Meeting held on Tuesday 14 September 2010 (copies of which were circulated to all Councillors) be and are hereby confirmed as a correct record of the proceedings of that meeting.

 


Declarations of Pecuniary and Non-Pecuniary Interests

 

a)     Cr Bowen declared that he does not have an interest in Item D77/10.

b)     Cr Tracey declared a non significant non pecuniary interest in Item D77/10 as he         knows the objector as a member of a neighbouring Labor Party branch.

c)     Cr White declared that he does not have an interest in Item D77/10.

d)     Cr White declared a significant non pecuniary interest in Item D75/10 as the         applicant is his accountant and also a friend. Cr White indicated that he would         not take part in the debate or the vote on the matter.  

 

Address of Council by Members of the Public

Prior to consideration of the Agenda by the Committee, deputations were received in respect of the following matters:

D77/10      7 Northumberland Street, Clovelly

 

For                      Helen Callaghan - Applicant

 

Urgent Business

Nil.

 

Development Application Reports

 

D75/10     Development Application Report - 22 Mirrabooka Crescent, Little Bay (DA/224/2010)

 

 

 

PL104/10

Having declared an interest in this matter earlier in the meeting, Cr White left the Council Chamber during the debate and the vote on the matter.

 

RESOLUTION: (Nash/Matthews) -

 

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.

 

MOTION: (Nash/Matthews) CARRIED - SEE RESOLUTION.

 

A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Belleli

Councillor Notley-Smith

Councillor Bowen

Councillor Smith

Councillor Matson

Councillor Woodsmith

Councillor Matthews

 

Councillor Nash

 

Councillor Seng

 

Councillor Stevenson

 

Councillor Tracey

 

Total (9)

Total (3)

 

 

D76/10     Development Application Report - 13 Neptune Street, Coogee (DA/356/2010)

PL105/10

RESOLUTION: (Smith/Belleli) -

 

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.

 

MOTION: (Smith/Belleli) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

D77/10     Development Application Report - 7 Northumberland Street, Clovelly (DA/950/2007/A)

PL106/10

RESOLUTION: (Smith/Belleli) 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.

 

MOTION: (Smith/Belleli) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

D78/10     Development Application Report - 19 Franklin Street, Matraville (DA/204/2010)

PL107/10

RESOLUTION: (Belleli/Matthews) that the application be deferred to enable the applicant to submit amended plans.

 

MOTION: (Belleli/Matthews) CARRIED - SEE RESOLUTION.

 

A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Belleli

Councillor Matson

Councillor Bowen

Councillor Smith

Councillor Matthews

 

Councillor Nash

 

Councillor Notley-Smith

 

Councillor Seng

 

Councillor Stevenson

 

Councillor Tracey

 

Councillor White

 

Councillor Woodsmith

 

Total (10)

Total (2)

 

 

D79/10     Development Application Report - 93 Yorktown Parade, Maroubra (DA/718/2010)

PL108/10

RESOLUTION: (Smith/Belleli) -

 

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.

 

MOTION: (Smith/Belleli) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

Miscellaneous Reports

 

M20/10     Miscellaneous Report - 8 Davidson Crescent, Maroubra (DA/183/2010)

PL109/10

RESOLUTION: (Smith/Belleli) 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.

 

MOTION: (Smith/Belleli) CARRIED UNANIMOUSLY - SEE RESOLUTION.

  

Notice of Rescission Motions

 

NR7/10     Notice of Rescission Motion - Notice of Rescission Motion submitted by Crs Matson, Smith & Woodsmith - 491 Bunnerong Road, Matraville (DA/907/2009)

PL110/10

RESOLUTION: (Mayor, Cr  Matson/Woodsmith) 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. LOST.

 

A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Matson

Councillor Belleli

Councillor Nash

Councillor Bowen

Councillor Smith

Councillor Matthews

Councillor Tracey

Councillor Notley-Smith

Councillor Woodsmith

Councillor Seng

 

Councillor Stevenson

 

Councillor White

Total (5)

Total (7)

  

 

The meeting closed at 7.20pm.

 

 

The minutes of this meeting were confirmed at the Planning Committee Meeting of the Council of the City of Randwick held on Tuesday, 9 November 2010.

 

 

 

 

 

 

 

...................................................

CHAIRPERSON