Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 9 November 2010

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee

9 November 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 9 November 2010 at 6:00pm.

 

 

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

 

Quorum:                           Eight (8) members.

 

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

 

Apologies/Granting of Leave of Absences 

 

Confirmation of the Minutes  

Planning Committee Meeting - 12 October 2010

 

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

 

Development Application Reports

D80/10      39 Dacre Street, Malabar (deferred)

D81/10      88-102 Moverly Road, South Coogee (deferred)

D82/10      23 Hargraves Place, Maroubra

D83/10      2 Araluen Street, Kingsford

D84/10      74 Carrington Road, Randwick

D85/10      1 Moira Crescent, Coogee

D86/10      3/107 Arden Street, Coogee

D87/10      390 Maroubra Road, Maroubra

D88/10      17 Woonah Street, Little Bay

D89/10      4 Edgecliffe Avenue, South Coogee

D90/10      69 Storey Street, Maroubra

D91/10      72 Doncaster Avenue, Kensington

D92/10      18 Clifton Road, Clovelly

D93/10      175 Avoca Street, Randwick

 

Miscellaneous Reports

Nil   

 

Notice of Rescission Motions

Nil 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee

9 November 2010

 

 

 

Development Application Report No. D80/10

 

 

Subject:                  39 Dacre Street, Malabar

Folder No:                   DA/233/2010

Author:                   David Mooney, Environmental Planning Officer      

 

Introduction

 

Development application DA/233/2010 for an attached dual occupancy at 39 Dacre Street, Malabar was referred to Council 14 September 2010. The Council deferred its determination, ostensibly to allow an additional notification period for landowners further afield to those that were notified in the first notification period.

 

Issues

 

View loss from 33 Dacre St, Malabar

An additional objection was received about view-loss from the land owner at 33 Dacre St. Council’s Assessing Officer visited the objector’s home and photographed views from a balcony over the side boundary of the site. The applicant prepared a photo-montage of the view in the Assessing Officer’s photograph (figure 1) and Council verified the applicant’s photo-montage by commissioning an independent photo-montage (figure 2).

 

There are some minor differences between the 2 photo-montages, but in both cases, the view loss depicted is consistent with the Assessing Officer’s original assessment, reproduced from the earlier report here:

 

“There is not likely to be any significant view loss. The topography of the land means that lots immediately behind the subject lot are not high enough to enjoy views over the existing building, while lots further behind are high enough to look over the proposed addition to Long Bay, Malabar Headland, the ocean and horizon.”

 

Court’s planning principle for view loss

The Court’s planning principle set-out by Roseth SC in Tenacity Consulting v Waringah [2004] NSWLEC 140 is addressed here in regard to the views from 33 Dacre St:

 

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

 

Comment: The views to be affected are of the eastern extent of Malabar Headland and its southern shoreline, Long Bay, the ocean and Horizon. The view is shown in the photomontages in Figures 1 and 2. It is a valuable view.


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

 

Comment: The view enjoyed at 33 Dacre St is available from an upper level living room and balcony over a side boundary. The view is available from sitting and standing position. The best view is available while standing on the balcony and this is the view depicted in Figures 1 and 2.

 

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

 

Comment: The view loss is minor, as shown in figures 1 and 2. A small portion of the view toward the inner part of Long Bay is lost. In reality, this view would gradually lessen as the trees in Dacre St grow to maturity anyway. The more significant parts of the view such as the shoreline on the southern side of Malabar Headland, the opening to Long Bay, the ocean and horizon remain intact.

 

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

 

Comment: There are non-compliances with the LEP development standards for FSR and External Wall Height as outlined in the SEPP 1 section of the previous assessment report. However, the proposal satisfies the planning purposes for those standards and solutions and is considered to be reasonable. The view loss is quite minor, and while it could be improved by lowering the building or designing a flat roof, such changes are not considered necessary.

 

Figure 1 – Applicant’s photomontage of the proposed development in the view from the balcony at 33 Dacre St.

 

Figure 2 – Independent photomontage of the proposed development in the view from the balcony at 33 Dacre St. Commissioned by Council.

 

Additional objection from 35 Dacre Street, Malabar

The landowner at 35 Dacre Street submitted an additional objection and the issues raised are addressed here:

 

Issue: It will lead to a “Dover-Heights-ation” of the area, in which prison height walls and severe overdevelopment turn an otherwise open area into a competition for mass, bulk and scale.

 

Comment: Non-compliance with the LEP development standards is considered in the SEPP 1 objection section of the earlier assessment report and is acceptable because the proposed development is sensitive to the existing environmental amenity and aesthetic character of the area.

 

Issue: There is no reason for the garage to be 3 storeys high, have a pitched roof with inbuilt large viewing window, unless this was going to be converted to habitable space at a later date (if it was not to be converted, then why object to a flat roof redesign?).  A similar proposal was rejected for the development at 33 Dacre St – the planners at the time permitted 2 storeys comprising parking with a living space floor underneath.  This was insisted upon at a time when the planning laws were less conservative – approximately 10 years ago.  The final development is still regarded by some as excessive, though it’s less built up at the rear than this DA proposes.

 

Comment: The garage is at the level of the laneway. The subfloor is excavated and reclaimed as floor space and the pitched roof has a large dormer for sunlight. No ‘habitable’ space is proposed. The garage external wall height is between 3.2m and 3.8m; depending on the slope of the land; and approximates the 3.5m DCP preferred solution in an acceptable manner.

 

The third floor component of the development is not set back to the rear section of the lower floors, as are the other third floor developments on Dacre St – even the new ones and the ones used as examples in the SEE and planner’s report.  This sets a new precedent on Dacre street and will lead to the tendency to match it given the need for all of us to share amenity.  I see this as eroding the reasonable limits on overdevelopment already in place.  If this instance were to be permitted, it would eventually become the norm, it would then be unreasonable to not permit others to do the same, so where do the controls become relevant? 

 

Comment: The proposed third level is set-in from the perimeter of the lower levels on the front, rear and west boundary.

 

The site already has zero setback from the street due to existing footprint (it was previously a street front shop).  Allowing the third floor over the entire upper section not set reasonably set back exacerbates an already excessive situation.  It would cut off the opportunity for future vies towards the coast by all houses west of the subject dwelling.

 

Comment:  The third level is setback from the street boundary.

 

I believe that if the development were modified to reduce the garage roof to flat, and to recess the upper third floor area to the back half section only, this would be acceptable.

 

Comment: The changes suggested by the objector are not necessary because the impact of the development is acceptable.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 


Conclusion

 

The development application was deferred by the Council at its meeting 14 September 2010 to allow an additional notification period. Additional objections were received including one about view-loss from 33 Dacre Street. The Assessing Officer visited 33 Dacre St and photographed the existing views. The applicant prepared a photomontage of the proposed development in the Assessing Officer’s photo, which Council verified by commissioning an independent photomontage. There are small differences in the 2 photomontages but both depict an acceptable level of view-loss from 33 Dacre St. The Assessing Officer’s earlier approval recommendation is re-submitted for Council’s determination.

 

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20G and 20F of Randwick Local Environmental Plan 1998, relating to floor space ratio and external wall height respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the 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. DA/233/2010 for alterations and additions to existing dual occupancy including new upper level, swimming pool to rear and construction of 3-car garage fronting laneway with lower level storage, at 39 Dacre Street, Malabar, subject to the following conditions:

 

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

 

1.     The development must be implemented substantially in accordance with the plans numbered A01, A02, dated March 2010 and received by Council on 8 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:

 

2.     The colours, materials and finishes of the external surfaces to the building are to be consistent with the external finishes schedule submitted with the development application and stamped received by Council 8 April 2010.

 

Any changes to the colours, materials and textures must be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979.

 

3.     Metal roof sheeting is to be pre-painted (e.g. colourbond) and form part of the colour scheme and external finishes for the development.

 

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

 

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

 

Options may include one or more of the following measures:

 

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

b.     Providing a window locking device at least 1.5m above the internal floor level,

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

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

e.     Other appropriate effective safety measures or barrier.

 

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

 

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

 

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

 

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

 

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

 

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

 

8.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $496,100.00 the following applicable monetary levy must be paid to Council: $4,961.00.

 

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

 

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

 

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

 

9.     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.

 

10.   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.

 

11.   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.

 

12.   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:

 

a.     Stormwater management (i.e. rainwater tanks)

b.     Water efficiency (i.e. triple A rated taps and showers, dual flush toilets and water re-use)

c.     Landscaping provisions

d.     Thermal comfort (i.e. construction materials, glazing and insulation)

e.     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 an Occupation Certificate for this development, unless it is satisfied that each of the required BASIX commitments have been fulfilled.

 

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

 

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

 

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

 

17.   Absorption pits must be located not less than 3m from any adjoining premises and the stormwater must not be directed or flow onto any adjoining premises or cause a nuisance.

 

18.   Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

b.   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.

 

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

 

d.   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

 

e.   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

 

f.    At least two days notice must be given to the Council, in writing, prior to commencing building works.

 

23.   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.

 

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

 

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

 

 

26.   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);

 

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

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

 

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

 

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

 

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

 

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

 

30.   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.

 

31.   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.

 

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

 

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

 

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

 

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

 

34.   Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the additional storey/upper floor addition.

 

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

 

a.     Occupational Health and Safety Act 2000 & Regulations

b.     WorkCover NSW Guidelines & Codes of Practice

c.     Australian Standard 2601 (2001) – Demolition of Structures

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

e.     Relevant DECC/EPA Guidelines

f.      Randwick City Council Asbestos Policy (adopted 13 September 2005)

 

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

 

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

 

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

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

c.     Details of hazardous materials (including asbestos)

d.     Method/s of demolition (including removal of any asbestos)

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

f.      Measures to be implemented to minimise any airborne dust and asbestos

g.     Methods and location of disposal of any hazardous materials

h.     Other relevant details, measures and requirements to be implemented

i.      Date the demolition works will commence

 

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

 

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

 

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

 

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

 

a.     Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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

 

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

 

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

 

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

 

40.   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.

 

41.   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.

 

42.   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.

 

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

 

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

 

a. protect and support the adjoining premises from possible damage from the excavation, and

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

47.   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.

 

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

 

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

 

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

 

 

51.   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.

 

52.   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.

 

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

 

54.   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:

 

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

b.     location of site storage areas/sheds/equipment;

c.     location of building materials for construction;

d.     provisions for public safety;

e.     dust control measures;

f.      site access location and construction

g.     details of methods of disposal of demolition materials;

h.     protective measures for tree preservation;

i.      provisions for temporary sanitary facilities;

j.      location and size of waste containers/bulk bins;

k.     details of proposed sediment and erosion control measures;

l.      construction noise and vibration management;

m.    construction traffic management details.

 

55.   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. 

 

56.   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.

 

57.   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. 

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

64.   Spa pools are to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

69.   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. $3000.00       -      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:

 

i.  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

 

ii.  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.

 

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

 

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

 

 

71.   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 layback at kerb opposite the new vehicular entrance to the site in Dacre Lane.

 

Note: this will require the reconstruction of the Double Grated Gully Pit and removal of the drainage lintel so as to provide satisfactory vehicular access to the new garage opening.

 

b.     Construct a new Double Grated Gully Pit with lintel to Council's specification, as required by Council’s Drainage Assets Engineer either side of the new driveway entrance.

 

c.     Remove/relocate the “No Parking” sign in Dacre Lane, if required, to the requirements of Council’s Integrated Transport Department.

 

72.   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.

 

73.   Prior to the issuing of a Construction Certificate the applicant is to amend the submitted plans to show any new/reconstructed awning on the Dacre Street frontage is to be located wholly within the subject site.

 

74.   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.

 

75.   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.

 

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

 

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

 

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 the driveway shall be:

 

a.     50mm below the top of the kerb at all points opposite the kerb, along the Dacre Lane 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. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

79.   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.

 

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

 

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

 

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

 

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

 

82.   The PCA must ensure that landscaping at this site is installed substantially in accordance with the Landscape Plan by Suzanne Thompson (RLA#001197), stamped 8th April 2010 (subject to amendments being made in order to comply with the Tree Preservation conditions later in this report), prior to the issue of a Final Occupation Certificate, with the applicant/owner to maintain this landscaping in a healthy and vigorous state for the life of the development.

 

Removal of trees within rear yard

 

83.   Approval is granted for removal of the row of four trees running in an northeast-southwest arrangement, centrally in the rear yard, along the southern edge of the existing driveway strips, comprising three Cupressus species (Cypress Pines), due to their poor condition, as well as the Archontophoenix cunninghamiana (Bangalow Palm), as all are in direct conflict with the proposed garage and storage area as shown.

 

Preservation of palms in rear yard

84.   In order to ensure retention of the two mature Archontophoenix cunninghamiana (Bangalow Palms) located in the rear yard, along the eastern site boundary in good health (as has been shown on all submitted plans), the following measures are to be undertaken:

 

a.     All documentation must show their retention, with the position and diameter of both of their trunks and canopies to be clearly shown on all drawings.

 

b.     All plans submitted for the Construction Certificate application must show that an area measuring 2.5 metres to the west of the most western palm, as well as the same distance to their north, and the same distance again to the east of the most eastern palm (measured off the outside edge of their trunks at ground level), and matching up with the southern site boundary, will be maintained at existing ground levels.

 

c.     Temporary shoring of the soil profile to ensure the stability of both palms must be provided in the time between excavations and construction of this new masonry walls/raised planter, with the applicant/ PCA to ensure that professional advice is sought in this regard.

 

d.     Any new services, pipes, stormwater systems or similar that need to be installed in this rear yard are to be located outside the area described in point ‘b’ above, so as to minimise root damage.

 

e.     Both palms are to be physically protected as one group by the installation of 1.8 metre high steel mesh/chainwire fencing at the setbacks described in point ‘b’ above, in order to completely enclose both palms for the duration of works.

 

f.      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, DO NOT REMOVE".

 

g.     Within the zone specified in point ‘b’ above, 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.

 

h.     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, with roots not to be left exposed to the atmosphere for prolonged periods of time.

 

i.      Any new common fencing along the southern site boundary must be a system/material that requires the use of localised pad footings only.

 

ADVISORY MATTERS:

 

A1.     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.

 

A2.     Demolition, building or excavation work must not be commenced until;

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

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

c.  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.

 

A3.     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:-

 

a.   Install or erect any site fencing, hoardings or site structures

b.   Operate a crane or hoist goods or materials over a footpath or road

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

 

A4.     Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the certifying authority.

 

A5.     This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA) and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards and you are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

 

 

 

Attachment/s:

 

1.View

Planning Committee Meeting on 14 September 2010.

 

 

 

 


Planning Committee Meeting on 14 September 2010.

Attachment 1

 

 

 

Development Application Report No. D69/10

 

 

Subject:                  39 Dacre Street, Malabar

Folder No:                   DA/233/2010

Author:                   David Mooney, Environmental Planning Officer     

 


Proposal:                     Alterations and additions to existing dual occupancy including new upper level, swimming pool to rear and construction of 3-car garage fronting laneway with lower level storage (SEPP1 objection to wall height control and floor space ratio)

Ward:                      South Ward

Applicant:                Brenchley Architects

Owner:                         Michael Pain and Suzanne Thomson

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

This development application is referred to the Planning Committee because there are SEPP 1 objections to the development standards for external wall height and floor space ratio that exceed 10% of the maximum.

 

The proposal involves alterations and additions to an existing dual occupancy including new upper level, swimming pool to rear and construction of 3-car garage with basement storage fronting the rear laneway.

 

The site is on the south-western side of Dacre Street, south-east of Fishermans Road, Malabar. The site is 10.06m wide, 47.275m long and 475.6m2. It slopes moderately on a north-east aspect toward Dacre Street. On the site there is an attached dual occupancy.

 

The proposal was exhibited in accordance with policy and there was one objection. The issues are addressed in this report.

 

The proposal satisfies the relevant assessment criteria and the proposed SEPP 1 objection is acceptable.

 

Approval subjection to conditions is recommended.

 

2.    The Proposal

 

The proposal involves alterations and additions to an existing dual occupancy including a new upper level, swimming pool to rear and construction of 3-car garage with basement storage fronting the rear laneway. There are SEPP1 objections to development standards for external wall height and floor space ratio.

 

3.    The Subject Site and Surrounding Area

 

The site is on the south-western side of Dacre Street, south-east of Fishermans Road, Malabar. Cromwell Park is over Dacre Street to the North-east. There are 2 storey dwellings on the north-west and south-east sides. Dacre Lane is to the rear. The site is 10.06m wide, 47.275m long and 475.6m2. It slopes moderately on a north-east aspect toward Dacre Street. On the site there is an attached dual occupancy.

 

Figure 1 – Aerial photograph

4.    Site History

 

The existing building was constructed in the late 1950s; appearing on a 1961 aerial photograph, but not in a 1955 aerial photograph. Council records show a building application in 1965 for alterations and a subdivision certificate in 1966. There are no other records for the land.

 

5.   State Environmental Planning Policy No 1 – Development Standards

 

The proposal has floor space ratio of 0.83:1, which exceeds the maximum floor space ratio specified in Clause 20F Randwick LEP 1998 of 0.5:1. The proposal has external wall height to 8.4m, exceeding the maximum external wall height specified in Clause 20G(3) Randwick LEP 1998 of 7m.

 

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

 

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

 

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

 

Floor Space Ratio: To operate together with controls for building height and landscaped area to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area.

 

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

 

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

 

Applicant’s SEPP 1 Objection for floor space ratio

 

The following points demonstrate that the proposal meets the purpose of the standard:

 

·      The proposal complies with the overall 9.5m height limit, outperforms the overall and soft landscaping requirements and is within the predominant front and rear setbacks for this portion of Dacre Street. The proposal is therefore considered to be within a reasonable and appropriate building envelope and related site coverage for the site under the controls.

 

·      A significant proportion (0.14:1) of the non-compliant FSR is located separately at the rear, below the garage. Such FSR is not evident from the public domain along Dacre Lane.

 

·      The majority of the FSR proposed is contained within a confined footprint on the site whereby the majority is unbuilt upon. It is estimated that the proposal has a site coverage of 50% whereby the remaining portion of the site is landscaped or unbuilt upon. It is considered that the proposal to erect a recessed 3rd level above the existing building, rather than extend further back into the site, is a more desirable outcome, both for the occupants and neighbours as it reduces visual bulk in the rear yards and maximises landscaped area. The 3rd level also provides for greater access to northern sunlight for the new FSR whilst also providing for greater aspect than if it was provided at the rear.

 

·      The presentation of the dual occupancy is considered to sit well within the established and likely future streetscape which consists predominantly of 2 and 3 storey dwellings and dual occupancies. The 2-storey façade with recessed 3rd level is considered to sit neatly amongst the character of the streetscape. The proposed presentation is considered to represent a vast improvement to the streetscape facade along Dacre Street, as shown below:

 

Existing building                                 Proposed building

 

·      The additional FSR in the dual occupancy component facing Dacre Street and along Dacre Lane is not responsible for any adverse environmental amenity impacts to surrounding properties in terms of overshadowing, privacy or view loss.

 

·      Given that the proposal complies with landscaping, is within the overall height and consistent with the front, side and rear setbacks of neighbouring properties, has no adverse environmental amenity impacts and is consistent with the aesthetic character of the area which consists of 2 and 3 storey dwellings/dual occupancies, the proposal is considered to be consistent with the underlying purpose of the standard.

 

·      In conclusion, the submitted SEPP 1 objection has addresses the consistency of the proposed development with the underlying and stated purpose of the standard, the local planning objectives for the locality and objectives of the Act. The objection has appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstance of the case. As such, it is considered that the objections are well founded.

 

Applicant’s SEPP 1 Objection for external wall height

The proposal is considered to comply with the purpose of the standard on the following basis:

 

·      The proposed wall height is considered to be appropriate to the surrounding locality and prominence of developments of 2 & 3 storeys with minimal side setbacks. The new building makes a positive contribution to the streetscape and has the potential to act as a catalyst for the future development to neighbouring buildings which could also be redeveloped.

 

·      The wall height excess is recessed from the main base of the building and therefore has limited visual impact. The roof/eave overhang also reduces the appearance of the wall height variation.

 

·      The height is also associated with a contemporary and attractive addition which markedly improves the appearance of the building from the public domain.

 

·      The proposed height has no adverse or unreasonable overshadowing impacts to either property to the north-west or south-east. There is also no adverse or unreasonable overshadowing of the public domain which includes the reserve/park opposite the site.

 

·      The height does not result in any loss of view or outlook from surrounding properties whilst noting that the overall height complies.

 

·      The proposed development outperforms the landscaping requirements for the overall site which is due to the provision of a 3rd storey within a confined building footprint, rather than an extended 2-storey form.

 

·      The height does not result in any adverse aural or visual privacy impacts as the windows associated with the level which breaches the wall height are recessed and are not associated with primary living areas. Therefore, the wall height is considered to comply with the purpose of the standard as it allows for an appropriate scale and acceptable amenity impacts for surrounding areas.

 

·      The proposed wall height, when combined with the proposed FSR and high degree of landscaping, allow for a suitable scale of development in this context.

 

·      In conclusion, the submitted SEPP 1 objection has addresses the consistency of the proposed development with the underlying and stated purpose of the standard, the local planning objectives for the locality and objectives of the Act. The objection has appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstance of the case. As such, it is considered that the objections to the wall height standard are well founded.

 

Assessing Officer’s Assessment

The applicant’s design merit arguments are basically sound. While such a high floor space ratio and external wall height are not elsewhere represented in the immediate streetscape, there are design merits in this particular scheme that warrant favourable consideration:

 

1.  The impact of the building is not as severe as might be suggested by the calculated floor space ratio of 0.83:1. Nearly 50m2 is made up of floor area beneath the detached garage. This floor area is used in the proposal for storage, but would otherwise be un-used and non-calculable area. Leaving it out of the calculation reduces the floor space ratio to 0.73:1. This is not dis-similar to the floor space ratio of 0.7:1 recently approved 4 lots away at 47 Dacre St.

 

2.  The design shows careful treatment of the additional storey. It is setback from the east, north and west perimeter of the lower level and as a result, its bulk is partly screened to an observer in the street at the front of the site. This can be seen in the cross section below:

 

Section showing sight-line to the upper level addition from an observer in the street

 

3.  Much of the bulk of the additional storey is within a nominal roof-envelope defined by the 7m wall height standard and the 9.5m apex height standard. This can be seen as the triangle in the diagram below.

Elevation showing much of the additional bulk inside a nominal roof-envelope (the triangle) with base 7m high and apex 9.5m high.

 

 

4.  Overshadowing is not severe. This is because the affected building abuts the common boundary and is already overshadowed by the existing building. Also, the north-east alignment of the cadastre means that the northern elevation of the affected building retains existing solar access and most of its private open space area also retains existing solar access.

 

5.  There are no privacy impacts because of window height or direction or distance to other windows and private spaces, or because privacy screens are proposed.

 

6.  There is not likely to be any significant view loss. The topography of the land means that lots immediately behind the subject lot are not high enough to enjoy views over the existing building, while lots further behind are high enough to look over the proposed addition to Long Bay, Malabar Headland, the ocean and horizon.

 

If future proposals in Dacre St were to exhibit these kinds of merits, then the resulting change to the streetscape would be quite sensitive to the existing environmental amenity and aesthetic character. This is directly in-line with the objectives for the floor space ratio and building height development standards.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

Table - Establishing compliance is unreasonable or necessary

Method

Assessment

First

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

 

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

 

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

Second

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

 

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

Third

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

 

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

Fourth

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

 

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

Fifth

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

 

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

 

6.    Community Consultation

 

The proposal has been notified in accordance with Council policy. There was 1 objection:

 

35 Dacre Street

Issue: The proposal is in excess of Council’s controls including wall height and floor space ratio.

 

Comment: Non-compliance with the LEP development standards is considered in the SEPP 1 objection section of this report and is acceptable because the proposed development is sensitive to the existing environmental amenity and aesthetic character of the area.

 

Issue: Non-compliance could be used as precedent in the future.

 

Comment: The merits of the present application warrant approval. Each future development application would also be assessed on its merits.

 

Issue: The sense of a small village facing the beach, park and bay will be broken.

 

Comment: The proposal satisfies the design performance requirements and zone objectives that apply to the site.

 

Issue: Proposal will change the existing height line along Dacre St.

 

Comment: Height is considered in the SEPP 1 objection section of this report and is acceptable because the proposal is sensitive to the environmental amenity and aesthetic character of the area.

 

Issue: direct impact on neighbours on both side with loss of amenity, significantly increasing overshadowing to the south of several properties, and loss of views and a locking in of a blocks to the north.

 

Comment: Amenity impacts are considered in the Environmental Assessment and Development Control Plan sections of this report. There were no objections from the immediate neighbours at all. The objector’s property would not directly sustain any view-loss.

 

Issue: Future DAs would need also to be high, increasing overshadowing, reducing overall amenity and solar access to a large number of residents.

 

Comment: Future DAs would be assessed on individual merit.

 

Issue: The rear garage will close in the only open aspect enjoyed by the neighbouring Dacre St properties due to the nature of the minimal rear yards and the sloping blocks. The garage roof should be flat to reduce overshadowing and view-loss.

 

Comment: The rear yards of the adjoining lots are at least 150m2. They are larger than is common in the Randwick LGA and are by no measure, ‘minimal’. Garages are a common feature of the laneway. There are no particular grounds to force flat roof design on the garage. The objector’s property does not directly sustain any overshadowing or view-loss.

 

7.    Technical Officers Comments

 

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

 

Development Engineer

An application has been received for alterations and additions to the existing Dual occupancy at the above site.

 

This report is based on the following plans and documentation:

·      Dwg No 2008-027-A01-A03 by Brenchley Architects dated March 2010;

·      Landscape Plan by Suzanne Thompson (RLA#001197), stamped 8th April 2010.

 

Awning Comments

At the above site there are current awnings which overhang Council’s footpath. Any new/reconstructed awning is to be located wholly within the site and meet any setbacks as required by council’s Planning Officer. Development Engineering has included a condition that any new/reconstructed awning along the Dacre Street frontage be constructed wholly within the site (see Cond No 3).

 

Civil Works Comments

There is a Council double grated gully pit (DGGP) with a lintel located at the kerb line opposite the proposed new garage door opening in Dacre Lane. The DGGP will have to be reconstructed to provide satisfactory vehicular access to the new garage opening and a new DGGP constructed with Lintel constructed either side of the new garage opening.

 

Landscape Comments

The are some small Fruit Trees in the rear yard, along the northern boundary, near the northwest corner of the site, and then to their south, along the southern edge of the existing driveway strips, three Cupressus species (Cypress Pines), of around 6 metres in height which are all in poor condition due to past pruning and included branch unions, with a single, 8 metre tall Archontophoenix cunninghamiana (Bangalow Palms) amongst this group also.

 

While this group may offer a degree of screening between the subject site and those dwellings on higher ground to the west, no objections would be raised to their removal due to the low landscape value and minimal contribution that Conifers make to the local environment, as well as the fact that they are all in direct conflict with the proposed garage and lower ground storage area as shown, with any loss of amenity to be adequately compensated by the proposed landscape plan, as it contains several replacement trees as well as smaller, decorative species.

 

Still in the rear yard, to the southeast of the trees described above, along the southern site boundary, there are two mature Archontophoenix cunninghamiana (Bangalow Palms), with the western palm being the largest at around 10m tall, and the other about 8m in height.

 

Both appeared in good health and condition, are covered by the provisions of Council’s Tree Preservation Order (TPO), and are deemed suitable for preservation as existing site features (as has been shown on all plans), as they are similar in height to that of the proposal, and would make a positive contribution to the site.

 

However, a review of the site survey and Section Plan (7/2) shows that in order to create a level rear yard between the proposed house and garage, the existing sloping ground level in this area will be lowered by approximately 1 metre to approximately RL 13.50, with the Landscape Plan indicating that a raised planter/retaining wall will also be constructed along the length of this boundary, just west of both of their trunks.

 

Both the lowering of levels and excavations for a footing as shown would compromise their health and stability, to the point where they could no longer be retained, which is an unacceptable outcome for Council; so in order to ensure they are preserved, conditions in this report require that an area of existing ground levels be retained around each palm, together with those relating to temporary bracing and the treatment of roots.  

 

 

 

 

8.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

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

 

Clause 10 Zone Objectives

The proposal is permissible with development consent in the 2A zone as a dwelling house. The proposal is compatible with the relevant zone objective:

 

The objectives of Zone No 2A are:

(a)  to provide a low density residential environment, and

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

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

 

Part 2b Principle Development Standards

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

 

Part 2b Principle Development Standards

Standard

Assessment

Landscaped Area: Minimum 40%

47% Complies.

Floor Space Ratio: Maximum 0.5:1

0.83:1 Does not comply.

Building Heights: Maximum 7m/9.5m

8.9m/9.5m Does not comply.

 

Clause 29 – Foreshore Scenic Protection

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

 

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

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

 

SEPP (Building Sustainability Index: BASIX) 2004.

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

 

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

 


Section 94A Development Contributions

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

 

Category

Cost

Levy

S94A Levy

Development cost more than $200000

$496,100.00

1.0%

$4,961.00

 

Development Control Plan –Dwelling Houses and Attached Dual Occupancies

The proposal satisfies the performance requirements of this Development Control Plan. Non-compliance with the preferred solutions is discussed in the Environmental Assessment section of this report. A preferred solution compliance table follows.

 


DCP – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

47%

Yes

25m² of private open space provided.

222m+

Yes

Min. dimensions of 3m x 4m & minor level change

10m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

22%

Yes

Floor area

(Site area 353m2) maximum FSR 0.6:1 

0.83:1

No

Height, Form & Materials

External wall height maximum 7m

8.9m

No

External wall height to the rear maximum 3.5m.

3.2-3.8

No

Cut or fill maximum 1m.

2.2m

No

No excavation within 900 mm of a side boundary.

0m

No

No excavation within 3m of a rear boundary.

0m

No

The length of a 2nd storey maximum 12m less than 1.5m from a southern boundary.

22.5m

No

The 2nd storey addition to a semi respects the adjoining semi-detached dwelling.

n/a

Building setbacks

Front setback average of adjoining dwellings or 6m

Average

Yes

Rear boundary setback at least 4.5m

1.2m from garage / 25.5m to dwelling.

Yes

Side setbacks be 900mm at ground level.

Existing

No

Side setbacks be 1.5m at second floor level.

0m/0.9m

No

Side setbacks be 3.0m at third floor level.

0m/1m

No

Visual & Acoustic Privacy

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

See detailed privacy assessment. There are no unacceptable privacy impacts. Satisfactory.

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

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

Safety & Security

Front doors of dwellings are visible from the street.

Yes

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

Living rooms. Complies.

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

Standard condition

Garages & Driveways

1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

3

Yes

Parking spaces have a min. dimension of 5.5m x 2.5m.

6.6x2.7m

Yes

Driveway minimum width of 3m and side setback 1m

n/a

 

Driveway maximum width of 3m at the boundary.

n/a

 

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

level

Yes

Garages and carports to rear lanes set back 1m.

1m

Yes

Parking and access is provided from the rear.

Yes

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

n/a

 

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

n/a

 

Fences

Sandstone fences and walls are retained/recycled.

No sandstone

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

 

 

Fences in front of the building line or on street frontages up to 1.8m and upper 2/3 is at least 50% open.

 

 

Foreshore Development

 

No encroachments on Foreshore Building Line.

n/a

Stepped buildings on sloping sites are articulated.

Site not sloping enough to require stepped building

Form, colour, materials and finishes are sympathetic.

Consent condition

Buildings incorporate setbacks to allow sharing of views.

See detailed view sharing assessment

Ancillary structures do not detract from appearance.

Ancillary structures cannot be seen from foreshore.

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

n/a

Private open space receive at least 3 hours sunlight 9am - 3pm on 21 June.

Living rooms and balconies receive excellent sunlight.

North-facing living areas receive at least 3 hrs sunlight 9am - 3pm 21 June.

Solar access to existing or future solar collectors on adjacent buildings is maintained 9am - 3pm.

See detailed solar access assessment.

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours sunlight 9am - 3pm 21 June, or not further reduced.

Principal outdoor recreation space of neighbouring dwellings receive at least 3 hours sunlight 9am- 3pm 21 June, or not further reduced.

 

9.    Environmental Assessment

 

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

 

Floor Space Ratio and Building Height

Non-compliance with the LEP development standards for floor space ratio and external wall height are assessed in the SEPP 1 section of this report and are acceptable.

 

External wall height to rear

The garage has a wall facing the rear boundary between 3.2m and 3.8m high, exceeding the preferred solution of 3.5m. The height variation is due to the site cross-fall. The non-compliance is minor and there is no significant conflict with the DCP design performance requirements for building height.

 

Cut or fill maximum and excavations

There are excavations up to:

 

·      2.2m deep abutting the rear boundary exceeding both the 1m maximum and the minimum 3m rear boundary setback, and

·      400mm deep abutting the north-west side boundary exceeding the minimum 900mm setback,

 

The excavations abutting the rear boundary do not materially change the topography of the site because they are within the garage footprint. The excavations to 400mm abutting the side boundary are intended to level the back yard. They would be retained on the boundary. There is no significant conflict with the DCP design performance requirements for building height.

 

Side setback - Main building

The proposed upper level encroaches on the 3m setback preferred solution. The south-east elevation abuts the south-east side boundary, and the north-west elevation is generally 2.2m from the north-west boundary. There is also a 2m-wide section for the stairwell that is 1m from the north-west side boundary.

 

The proposed setback encroachments do not substantially impact on the character of the area. Construction abutting at least one side boundary and minimal side boundary setbacks are a common feature of the streetscape. While these side setbacks are not represented in the street at the proposed level, the proposal does include a street setback of 3.7m reducing the visual prominence of the upper level. There are no substantial impacts on solar access and privacy of adjoining buildings because of their existing configuration, as outlined elsewhere in this report. The proposal satisfies the performance requirements for building setback specified in the DCP.

 

Side setback – garage

The proposed garage and the storage space underneath abut both side boundaries encroaching on the 0.9m and 1.5m preferred solution setbacks. The encroachments are not significant to the character of the area as there are numerous garages in the rear laneway with similar characteristics. The garage does not overshadow or affect ventilation to primary living or private open space areas and so does not conflict with the DCP design performance requirements.

 

Second storey setback

The building abuts the south-west boundary on its second level for a distance of 22.5m, encroaching on the maximum preferred solution of 12m (the preferred solution applies where the boundary setback is less than 1.5m as it is in this proposal). There are no significant impacts on solar access to the neighbouring lot:

 

·      partly because the affected boundary is not a true southern boundary (it is a south-western boundary) so the solar geometry is different and the affected lot less prone to overshadowing, and

 

·      partly because the proposed second level generally aligns with the second level of the neighbouring building (also abutting the boundary), except for a blade wall projecting to the south protecting privacy.

 

The proposal satisfies the relevant performance requirements for building height in the DCP.

 

View sharing

There is not likely to be any significant view loss. The topography of the land means that lots immediately behind the subject lot are not high enough to enjoy views over the existing building, while lots further behind are high enough to look over the proposed addition to Long Bay, Malabar Headland, the ocean and horizon.

 

Rear setback

The garage is setback 1m from the rear boundary, encroaching on the 4m preferred solution. There is 17m clear distance between the garage and the main building, which amply compensates for a landscaped zone at the rear of the site. The laneway garage access with 1m setback is also a DCP preferred solution for garages.

 

Privacy

There are no privacy conflicts for the proposed development. The north-east facing living areas face the street and not the private part of a residence. The living areas at the back of the dwelling face south-west. Living-room windows facing west are off-set from the neighbour’s living-rooms windows. Side views from the middle-level balcony are screened by the existing building to the south and by a new privacy screen to the west.

 

Solar access

Overshadowing is not severe. This is because the affected building abuts the common boundary and is already overshadowed by the existing building. The north-east alignment of the cadastre means that the northern elevation of the affected building retains existing solar access and most of its private open space area also retains existing solar access.

 

Front fences

There is a small terrace facing the street with masonry wall to 1.5m, opaque glass to 2.1m and clear glass to the underside of the level above. This treatment does not comply with the DCP preferred solution for a 900mm high fence, or a 1.8m high fence with open sections. However, buildings in the streetscape abut the street boundary and do not have the front garden arrangements anticipated by the preferred solutions in the DCP. The treatment of the small terrace is compatible with the local streetscape and is acceptable.

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Refer to ‘EPI” section of this report.

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

Not applicable

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

Refer to the “DCP” section of this report.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

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

The site is located in close proximity to local services and public transport. The site has sufficient area to accommodate the proposed land use and associated structures. Therefore, the site is considered suitable for the proposed development.

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

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

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

The proposal promotes the objectives of the zone and will not result in any significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered to be in the public interest.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal involves alterations and additions to an existing dual occupancy including new upper level, swimming pool to rear and construction of 3-car garage with basement storage fronting the rear laneway.

 

The site is on the south-western side of Dacre St, south-east of Fishermans Road, Malabar. The site is 10.06m wide, 47.275m long and 475.6m2. It slopes moderately on a north-east aspect toward Dacre St. On the site there is an attached dual occupancy.

 

The proposal was exhibited in accordance with policy and there was one objection. The issues are addressed in this report.

 

The proposal satisfies the relevant assessment criteria and the proposed SEPP 1 objection is acceptable.

 

Approval subjection to conditions is recommended.

 

 


Planning Committee Meeting on 14 September 2010.

Attachment 1

 

 

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20G and 20F and 20G of Randwick Local Environmental Plan 1998, relating to floor space ratio and external wall height respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the 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. DA/233/2010 for alterations and additions to existing dual occupancy including new upper level, swimming pool to rear and construction of 3-car garage fronting laneway with lower level storage, at 39 Dacre Street, Malabar, subject to the following conditions:

 

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

 

1.     The development must be implemented substantially in accordance with the plans numbered A01, A02, dated March 2010 and received by Council on 8 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:

 

2.     The colours, materials and finishes of the external surfaces to the building are to be consistent with the external finishes schedule submitted with the development application and stamped received by Council 8 April 2010.

 

Any changes to the colours, materials and textures must be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979.

 

3.     Metal roof sheeting is to be pre-painted (e.g. colourbond) and form part of the colour scheme and external finishes for the development.

 

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

 

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

 

Options may include one or more of the following measures:

 

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

b.     Providing a window locking device at least 1.5m above the internal floor level,

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

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

e.     Other appropriate effective safety measures or barrier.

 

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

 

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

 

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

 

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

 

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

 

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

 

8.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $496,100.00 the following applicable monetary levy must be paid to Council: $4,961.00.

 

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

 

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

 

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

 

9.     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.

 

10.   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.

 

11.   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.

 

12.   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:

 

a.     Stormwater management (i.e. rainwater tanks)

b.     Water efficiency (i.e. triple A rated taps and showers, dual flush toilets and water re-use)

c.     Landscaping provisions

d.     Thermal comfort (i.e. construction materials, glazing and insulation)

e.     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 an Occupation Certificate for this development, unless it is satisfied that each of the required BASIX commitments have been fulfilled.

 

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

 

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

 

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

 

17.   Absorption pits must be located not less than 3m from any adjoining premises and the stormwater must not be directed or flow onto any adjoining premises or cause a nuisance.

 

18.   Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

b.   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.

 

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

 

d.   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

 

e.   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

 

f.    At least two days notice must be given to the Council, in writing, prior to commencing building works.

 

23.   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.

 

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

 

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

 

26.   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);

 

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

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

 

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

 

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

 

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

 

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

 

30.   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.

 

31.   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.

 

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

 

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

 

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

 

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

 

34.   Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the additional storey/upper floor addition.

 

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

 

a.     Occupational Health and Safety Act 2000 & Regulations

b.     WorkCover NSW Guidelines & Codes of Practice

c.     Australian Standard 2601 (2001) – Demolition of Structures

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

e.     Relevant DECC/EPA Guidelines

f.      Randwick City Council Asbestos Policy (adopted 13 September 2005)

 

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

 

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

 

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

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

c.     Details of hazardous materials (including asbestos)

d.     Method/s of demolition (including removal of any asbestos)

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

f.      Measures to be implemented to minimise any airborne dust and asbestos

g.     Methods and location of disposal of any hazardous materials

h.     Other relevant details, measures and requirements to be implemented

i.      Date the demolition works will commence

 

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

 

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

 

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

 

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

 

a.     Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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

 

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

 

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

 

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

 

40.   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.

 

41.   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.

 

42.   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.

 

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

 

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

 

a. protect and support the adjoining premises from possible damage from the excavation, and

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

47.   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.

 

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

 

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

 

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

 

51.   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.

 

52.   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.

 

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

 

54.   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:

 

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

b.     location of site storage areas/sheds/equipment;

c.     location of building materials for construction;

d.     provisions for public safety;

e.     dust control measures;

f.      site access location and construction

g.     details of methods of disposal of demolition materials;

h.     protective measures for tree preservation;

i.      provisions for temporary sanitary facilities;

j.      location and size of waste containers/bulk bins;

k.     details of proposed sediment and erosion control measures;

l.      construction noise and vibration management;

m.    construction traffic management details.

 

55.   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. 

 

56.   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.

 

57.   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. 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

64.   Spa pools are to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

69.   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. $3000.00       -      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:

 

i.  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

 

ii.  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.

 

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

 

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

 

71.   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 layback at kerb opposite the new vehicular entrance to the site in Dacre Lane.

 

Note: this will require the reconstruction of the Double Grated Gully Pit and removal of the drainage lintel so as to provide satisfactory vehicular access to the new garage opening.

 

b.     Construct a new Double Grated Gully Pit with lintel to Council's specification, as required by Council’s Drainage Assets Engineer either side of the new driveway entrance.

 

c.     Remove/relocate the “No Parking” sign in Dacre Lane, if required, to the requirements of Council’s Integrated Transport Department.

 

72.   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.

 

73.   Prior to the issuing of a Construction Certificate the applicant is to amend the submitted plans to show any new/reconstructed awning on the Dacre Street frontage is to be located wholly within the subject site.

 

74.   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.

 

75.   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.

 

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

 

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

 

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 the driveway shall be:

 

a.     50mm below the top of the kerb at all points opposite the kerb, along the Dacre Lane 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. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

79.   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.

 

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

 

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

 

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

 

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

 

82.   The PCA must ensure that landscaping at this site is installed substantially in accordance with the Landscape Plan by Suzanne Thompson (RLA#001197), stamped 8th April 2010 (subject to amendments being made in order to comply with the Tree Preservation conditions later in this report), prior to the issue of a Final Occupation Certificate, with the applicant/owner to maintain this landscaping in a healthy and vigorous state for the life of the development.

 

Removal of trees within rear yard

 

83.   Approval is granted for removal of the row of four trees running in an northeast-southwest arrangement, centrally in the rear yard, along the southern edge of the existing driveway strips, comprising three Cupressus species (Cypress Pines), due to their poor condition, as well as the Archontophoenix cunninghamiana (Bangalow Palm), as all are in direct conflict with the proposed garage and storage area as shown.

 

Preservation of palms in rear yard

84.   In order to ensure retention of the two mature Archontophoenix cunninghamiana (Bangalow Palms) located in the rear yard, along the eastern site boundary in good health (as has been shown on all submitted plans), the following measures are to be undertaken:

 

a.     All documentation must show their retention, with the position and diameter of both of their trunks and canopies to be clearly shown on all drawings.

 

b.     All plans submitted for the Construction Certificate application must show that an area measuring 2.5 metres to the west of the most western palm, as well as the same distance to their north, and the same distance again to the east of the most eastern palm (measured off the outside edge of their trunks at ground level), and matching up with the southern site boundary, will be maintained at existing ground levels.

 

c.     Temporary shoring of the soil profile to ensure the stability of both palms must be provided in the time between excavations and construction of this new masonry walls/raised planter, with the applicant/ PCA to ensure that professional advice is sought in this regard.

 

d.     Any new services, pipes, stormwater systems or similar that need to be installed in this rear yard are to be located outside the area described in point ‘b’ above, so as to minimise root damage.

 

e.     Both palms are to be physically protected as one group by the installation of 1.8 metre high steel mesh/chainwire fencing at the setbacks described in point ‘b’ above, in order to completely enclose both palms for the duration of works.

 

f.      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, DO NOT REMOVE".

 

g.     Within the zone specified in point ‘b’ above, 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.

 

h.     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, with roots not to be left exposed to the atmosphere for prolonged periods of time.

 

i.      Any new common fencing along the southern site boundary must be a system/material that requires the use of localised pad footings only.

 

ADVISORY MATTERS:

 

A1.     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.

 

A2.     Demolition, building or excavation work must not be commenced until;

 

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

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

c.  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.

 

A3.     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:-

 

a.   Install or erect any site fencing, hoardings or site structures

b.   Operate a crane or hoist goods or materials over a footpath or road

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

 

A4.     Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the certifying authority.

 

A5.     This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA) and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards and you are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

 

Attachment/s:

 

Nil

 

 


Planning Committee

9 November 2010

 

 

 

Development Application Report No. D81/10

 

 

Subject:                  88-102 Moverly Road, South Coogee

Folder No:                   DA/407/2010

Author:                   David Ongkili, Coordinator Major Assessment     

 

Introduction

 

DA/407/2010 for Construction of 28 new dwelling houses with associated landscape treatment within each allotment, utility service installation, and Torrens title subdivision to create 28 residential allotments and landscape design treatment associated with the public domain stage 4 was considered by the Council on 21 September 2010. At the meeting, Council resolved that:

 

a)    “this matter be deferred to next Planning Committee to allow the objectors’ surveyor to place two retractable height poles on the subject site;”

 

b)     “should the Council officers agree that the height poles are consistent with the photomontage then the development application shall be determined under delegated authority.”

 

Issues

 

In line with resolution (a), height poles were placed on the subject site to RLs commensurate with the RL of the top of roof of the proposed dwellings on the following lots:

 

·      Lot 100 (a western allotment)

·      Lot 111 (an eastern allotment)

 

In addition, at the objector’s request, Mirvac, the applicant, allowed the objectors to erect an additional third height pole on the following Lot:

 

·      Lot 108 (an eastern allotment)

 

It should be noted, that all the height poles were erected and verified by the objector’s surveyor.

 

With the objector’s permission, photographs of the height pole were taken from the dwelling houses of the objectors at Nos. 126, 128 and 130 Moverly Road, in the same or similar position to the photographs taken for the original set of photomontages submitted with the DA.

 

In line with resolution (b), Mirvac has superimposed the visual height depicted by the height poles onto the original photomontages undertaken and submitted with the DA, in order to verify the photomontages consistency. Mirvac has submitted these superimposed photographs which show that the height poles are consistent with the photomontages of the proposed development.

 

Further, in line with resolution (b), Council has forwarded Mirvac’s photographs of the height poles to Council’s view consultant, Ivolve, to have the height depicted in the height poles superimposed onto the montages generated by Ivolve for Council in the original DA assessment. Following Ivolve’s assessment of the height pole photographs, Ivolve has generated new sets of photographs superimposing the height poles onto Ivolve’s montages of the proposed development. These photographs show the height poles of the rooftops of the proposed development are consistent with the photomontages of the proposed development. Additionally, it should be noted that the height poles are consistent with Ivolve’s original photomontages submitted and assessed as part of Development Application.    

 

Ivolve's photo analysis has been shown to the objector’s, and notwithstanding the consistency of the height poles with the photomontages depicted in these photographs, the objector’s maintain that the photographs of the height poles are inconsistent with the original photomontages produced by Mirvac, in that the view loss impact resulting from the proposed western part of the proposed development are greater than the proposed eastern part. In this regard, the original view analysis undertaken independently by Ivolve Studios indicated that the photomontages produced by Mirvac were an accurate and reasonable representation of the impact on the view. Further, Council assessed the view loss impacts on the basis of the original montages prepared by Council’s consultant that also depicted the view loss associated with the western lots. The recent erection of the height poles are consistent with the height of the buildings shown in those montages.

 

Conclusion

 

Council’s resolution that height poles be erected, and that the consistency between the height poles and photomontages be verified, have been satisfied by the applicant and confirmed by Council’s consultant. Notwithstanding this, the objectors are still concerned that the height poles of the western part of the development show a greater loss of views than that depicted by the photomontages. In view of this, it is considered appropriate that this matter be referred to the Planning Committee for determination.

 

In view of the above, it is recommended that DA/407/2010 be approved.

 

 

Recommendation

 

That Council as the consent authority grant its development consent under of Section 80 and 80A of the Environmental Planning and Assessment Act 1979 to Development Application No. DA/407/2010 for the construction of 28 new dwelling houses with associated landscape treatment within each allotment, utility service installation and Torrens title subdivision to create 28 residential allotments and landscape design treatment associated with the public domain Stage 4 at 88-102 Moverly Road, South 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 following plans:

 

Plan No.

Revision

Revision Date

Received on 

001

B

16-08-10

18-08-10

003

B

16-08-10

18-08-10

004

B

16-08-10

18-08-10

005

B

16-08-10

18-08-10

006

B

16-08-10

18-08-10

007

B

16-08-10

18-08-10

4-DA-008

B

16-08-10

18-08-10

4-DA-009

B

16-08-10

18-08-10

4-DA-010

A

31-05-10

18-08-10

4-DA-011

A

31-05-10

18-08-10

4-DA-012

B

16-08-10

18-08-10

4-DA-013

A

31-05-10

18-08-10

4-DA-014

B

16-08-10

18-08-10

4-DA-015

A

31-05-10

18-08-10

4-DA-016

B

16-08-10

18-08-10

4-DA-017

B

16-08-10

18-08-10

4-DA-018

B

16-08-10

18-08-10

4-DA-019

B

16-08-10

18-08-10

4-DA-020

B

16-08-10

18-08-10

4-DA-021

B

16-08-10

18-08-10

4-DA-022

B

16-08-10

18-08-10

4-DA-023

B

16-08-10

18-08-10

4-DA-024

B

16-08-10

18-08-10

4-DA-025

B

16-08-10

18-08-10

4-DA-026

B

16-08-10

18-08-10

4-DA-027

B

16-08-10

18-08-10

4-DA-028

B

16-08-10

18-08-10

4-DA-029

B

16-08-10

18-08-10

4-DA-030

B

16-08-10

18-08-10

4-DA-031

B

16-08-10

18-08-10

4-DA-032

B

16-08-10

18-08-10

4-DA-033

C

03-09-10

18-08-10

4-DA-034

B

09-08-10

18-08-10

4-DA-035

B

09-08-10

18-08-10

046

B

16-08-10

18-08-10

049

B

16-08-10

18-08-10

050

B

16-08-10

18-08-10

051

B

16-08-10

18-08-10

052

A

16-08-10

18-08-10

053

A

16-08-10

18-08-10

 

and draft subdivision plans dated 10/08/2010 and received by Council on 18 August 2010, the application form and any supporting information received with the application, except as may be amended by the following conditions:

 

2.       The design amendments indicated in Section 3 of the Endeavour Stage 4 Houses – Supplementary Report prepared by Helen Mulcahy Urban Planning and listed also in Table from Mirvac entitled Stage 4 Endeavour: Summary to amendments to DA 407/2010 received by Council on 9 September 2010 shall be shown on amended plans subject of this approval. Details of the amendments shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development

 

3.       The colours, materials and finishes of the external surfaces of the dwelling hours are to be consistent with that indicated in the sample board accompanying the subject development application and received by Council on 1 June 2010.

 

4.       Prior to the issue of any occupation certificate for any dwelling erected within the Stage 4 site, the developer must have completed the construction of the following public pedestrian access ways from the internal roads of the development:

 

(a) to the east to Moverly Road, South Coogee through No. 132 Moverly Road as per Development Consent No. 555/2009; and

 

(b) to the west to Grevillea Place, South Coogee through No. 11 Grevillea Place as per Development Consent No. 554/2009.

 

5.       Fences located on the side or rear boundaries of the premises shall not exceed a maximum height of 1800mm, measured above the finished ground level within the individual site.

 

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

 

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

 

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

 

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

 

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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

11.     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 more than $200,000

$9,078,327

1%

$90,783.27

 

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

 

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

 

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

 

12.     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.

 

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

 

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

 

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

 

14.     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)

 

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

 

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

 

The following 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.     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).

 

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

 

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

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

22.     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.

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

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

32.     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.

 

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

 

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

 

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

 

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

 

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

 

34.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

37.     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 of all proposed dwellings in Stage 4 (prior to pouring of concrete), showing the area of land, building and boundary setbacks and verifying that the building is being constructed at the approved levels.

 

b)     Prior to construction of the roof of all proposed dwellings in Stage 4, showing the area of land, building and boundary setbacks and verifying that the building is being constructed at the approved levels.

 

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

 

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

 

·       before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

·       before 7.00am or after 10.00pm on any other day.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

●        before 7.00am or after 8.00pm on weekdays.

 

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

 

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

 

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

 

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

 

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

 

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

 

The following conditions are applied to maintain reasonable levels of environmental health, safety and amenity:

 

43.     The land must be remediated to meet the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999 and the following requirements must be complied with:

 

a)     Prior to the commencement of any works, a Remediation Action Plan (RAP) is required to be prepared and be submitted to Council.  The RAP is also required to be reviewed by an independent NSW Department of Environment & Climate Change (DECC) Accredited Site Auditor and a written statement is to be provided to the Council with the RAP from the Site Auditor, which confirms that the RAP satisfies the relevant legislative guidelines and requirements and that the land is able to be remediated to the required level and will be suitable for the intended development and use.

 

b)     The RAP is to be prepared in accordance with the relevant Guidelines made or approved by the NSW Department of Environment & Climate Change, including the Guidelines for Consultants Reporting on Contaminated Sites.

 

This RAP is to include procedures for the following:

 

·           Excavation, removal and disposal of contaminated soil,

·           Site management planning,

·           Validation sampling and analysis,

·           Prevention of cross contamination and migration or release of contaminants,

·           Ground water remediation, dewatering, drainage, monitoring and validation,

·           Unexpected finds.

 

c)     A NSW Department of Environment & Climate Change (formerly EPA) Accredited Site Auditor, accredited under the Contaminated Land Management Act 1997, must be appointed to assess the suitability of the site for its intended development and use. 

 

d)     A Statutory Site Audit Statement and Summary Site Audit Report is to be submitted to Council which verifies that the land has been remediated and the site is suitable for the intended development and satisfies the relevant criteria in the NEPM 1999.

 

Any requirements contained within an Environmental Management Plan (EMP) which forms part of the Site Audit Statement and Site Audit Report, form part of this consent and must be implemented accordingly.  Council is required to be consulted with prior to the development of the EMP and any comments made by Council are required to be taken into consideration prior to finalising the EMP.

 

e)     The site remediation must be carried out to the satisfaction of the Accredited Site Auditor and a Site Audit Statement and Summary Site Audit Report must be submitted to Council prior to:

 

i)      a construction certificate being issued for the development or

ii)      a subdivision certificate being issued for the development, which ever comes first

 

f)      Remediation works shall be carried out in accordance with the requirements of the Contaminated Land Management Act 1997, environmental planning instruments applying to the site, guidelines made by the NSW Department of Environment & Climate Change and Department of Infrastructure Planning & Natural Resources, Randwick City Council’s Contaminated Land Policy 1999 and the Protection of the Environment Operations Act 1997.

 

g)     Should the approved remediation strategy including the ‘capping’ or ‘containment’ of any contaminated land, details are to be included in the Site Audit Statement (SAS) and Environmental Management Plan (EMP) to the satisfaction of the Site Auditor.

 

Details of the SAS and EMP (including capping and containment of contaminated land) are also required to be included on the Certificate of Title for the subject land under the provisions of section 88 of the Conveyancing Act 1919.

 

h)     The Site Audit Statement must, where no guideline made or approved under the NSW Contaminated Land Management Act is available (as with asbestos), clearly state the source of the standard adopted in determining the suitability of the land for the intended development and use and must also demonstrate its suitability to Council.

 

In relation to any asbestos contamination, a comprehensive remediation strategy and remedial action plan must be developed, to the satisfaction of the Site Auditor and NSW Department of Health or other suitably qualified and experienced specialist to the satisfaction of the Site Auditor. 

 

The remediation strategy and remedial action plan must demonstrate that the land will be remediated in accordance with relevant guidelines (if any) and to a level or standard where no unacceptable health risk remains from asbestos exposure, which shall be verified upon completion of the remediation works to the satisfaction of the Site Auditor.

 

i)      A Site Remediation Management Plan must be prepared prior to the commencement of remediation works by a suitably qualified environmental consultant and be implemented throughout remediation works. The Site Remediation Management Plan shall include measures to address the following matters:

·       general site management, site security, barriers, traffic management and signage

·           hazard identification and control

·       worker health & safety, work zones and decontamination procedures

·       prevention of cross contamination

·           site drainage and dewatering

·       air and water quality monitoring

·           disposable of hazardous wastes

·           contingency plans and incident reporting

·           details of provisions for monitoring implementation of remediation works and persons/consultants responsible.

 

A copy of the Site Remediation Management Plan is to be forwarded to Council prior to commencing remediation works.

 

j)      Any fill importation to the site is to be monitored and classified by the Site Auditor appointed for remediation of the site or a person with his qualifications. Only ‘Virgin Excavated Natural Material’ (VENM) is to be imported to the site, as detailed in the NSW DECC Waste Classification Guidelines (2008).

 

k)     Hazardous or intractable wastes arising from the demolition, excavation and remediation process being removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of:

 

·       New South Wales Occupational Health and Safety Act, 2000;

·       The Occupational Health and Safety (Hazardous Substances) Regulation 2001;

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

·       Protection Of the Environment Operations Act 1997 (NSW) and

·       NSW DECC Waste Classification Guidelines (2008).

 

l)      The works must not cause any environmental pollution, public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

m)     Any new information which is identified during remediation, demolition or construction works that has the potential to alter previous conclusions about site contamination or the remediation strategy shall be notified to the Site Auditor and Council immediately in writing.

 

The written concurrence of Council must be obtained prior to implementing any changes to the remediation action plan or strategies.

 

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

 

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

 

a)   $5000.00   -      Damage / Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

 

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

 

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

 

a)  Construct full width concrete vehicular crossings and laybacks at kerb opposite the vehicular entrances to the proposed dwellings.

 

46.     All civil infrastructure works within the proposed development site including, but not limited to, construction of the drainage system within the proposed road reserve, construction of the drainage system from the proposed road reserve to the downstream end of the development site, construction of the private interallotment drainage system/s, construction of the road pavement, construction of kerb and gutter, construction of footpaths within the road reserve and construction of vehicular crossings must be undertaken in accordance with the development consent for Stage 1 and the construction certificates for Stage 2, 3 and 4 civil infrastructure works. Construction certificate applications for the proposed dwellings must demonstrate compliance with this requirement.

 

47.     All private interallotment drainage systems and future Council controlled drainage systems within the proposed Stage 4 must be completed prior to the issuing of an occupation certificate for any dwelling within Stage 4. 

 

48.     All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level for a distance of 1.50m within the site or splayed 1.5 metre by 1.5 metre to provide satisfactory sight lines. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

49.     All internal driveways must be designed in compliance with the relevant sections of AS 2890.1-2004. The construction certificate plans must demonstrate compliance with this requirement and design certification from a suitably qualified consultant must be submitted to the Certifying Authority prior to the issuing of the Construction Certificate.

 

50.     Prior to the issue of a construction certificate for the proposed dwellings, 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 construction phase of the development.

 

All traffic associated with the subject development shall comply with the terms of the approved construction traffic management plan.

 

Proposed Public Access way Conditions

 

51.     Lighting along the proposed pedestrian access way 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. Full details of the proposed lighting along the proposed pedestrian access way shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for construction of the public access way.

 

52.     Details of fencing along the side boundaries of the proposed public pedestrian access way shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for construction of the public access way.

 

53.     The proposed 1.5m wide concrete footpath/public pedestrian access way shall be constructed in accordance with Council’s specifications. The applicant must obtain Council’s requirements and specifications for the construction of the concrete footpath/public pedestrian access way prior to lodging the construction certificate for Stage 4 works. The construction certificate for Stage 4 works must demonstrate compliance with Council’s requirements and specification. The applicant must meet the full cost for Council or a Council approved contractor to construct the footpath. Construction of the public pedestrian access way shall be completed prior to the issue of any occupation certificate for any dwelling erected upon the land the subject of Development Applications Nos. DA/407/2010.

 

54.     Prior to the issuing of a Construction Certificate for Stage 4 works the applicant must demonstrate to Council that, in the design of the public access way, all options have been explored and found to be unsuitable for eliminating the need for steps. The applicant must liaise with Council’s Development Engineer Coordinator regarding this condition.

 

55.     Landscaping for the proposed public pedestrian access way shall be carried out in general accordance with the plan prepared by AECOM, drawing number L-DA-842B and dated 28/05/2010.

 

Alignment Level Conditions

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

 

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

 

·      2.5% above the design top of kerb opposite at all points within the proposed Stage 4 development site. 

 

The design alignment level at the property boundary must be strictly adhered to.

 

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

 

Service Authority Conditions

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

 

58.     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.

 

59.     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.

 

60.     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.

 

61.     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.

 

62.     All services must be located underground.

 

63.     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:

 

64.     The floor level of all habitable areas, storage areas and garages in the proposed dwellings must be a minimum of 300mm above the critical 1 in 100 year ARI flood level. The applicant’s hydraulic consultant, (i.e. the consultant engaged to prepare the drainage system design for the Stage 4 construction certificate), must provide to the certifying authority certification of compliance with this requirement prior to the issuing of a construction certificate for any dwelling.

 

65.     The proposed internal driveways must be designed with a high point at least 150 mm above the critical 1 in 100 year ARI flood level. The applicant’s hydraulic consultant, (i.e. the consultant engaged to prepare the drainage system design for the Stage 4 construction certificate), must provide to the certifying authority certification of compliance with this requirement prior to the issuing of a construction certificate for any dwelling.

 

66.     All stormwater discharge from the proposed dwellings shall be directed to either the proposed street drainage system and/or private interallotment drainage located towards the street frontage, (for houses on the high side of the proposed road) or to the street drainage system and/or private interallotment drainage system/s for houses that drain away from the road reserve.

 

67.     Detailed drainage plans for each dwelling shall be submitted to and approved by the certifying authority prior to the issue of a construction certificate for that dwelling. The drainage plans shall demonstrate compliance with the conditions of this development approval. All drainage details shall be prepared by a suitably qualified hydraulic consultant who shall, at the completion of the works, certify that the drainage works have been constructed in accordance with the approved drainage plans and relevant standards.

 

68.     The applicant must either create a suitable private drainage easement (s) over the stormwater drainage system associated with / located behind the retaining wall at the rear of the Stage 4 dwellings, (i.e. retaining wall located adjacent to the common boundary with Stage 4 dwellings and the existing Moverly Road dwellings), or alternatively demonstrate to the Principal Certifying Authority that no easement (s) is required. The private drainage easement (s), (should easements be required), must be created prior to the issuing of an Occupation Certificate for any Stage 4 dwelling. The applicant must liaise with Council’s Development Engineer Coordinator regarding the need for an easement prior to lodgement of a Construction Certificate for Stage 4 dwellings.

 

69.     The applicant’s hydraulic consultant, (i.e. the consultant engaged to prepare the drainage system design for the Stage 4 construction certificate), must certify that the interallotment drainage system proposed along the front of the eastern Stage 4 dwellings, has been suitably designed to ensure that water from the drainage pipeline cannot surcharge back into the individual site stormwater drainage systems. 

 

Waste Management Conditions

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

 

70.     A waste storage area shall be provided within each dwelling, screened from view and sized to contain a total of 3 waste bins (1 x 120L garbage bin, 1 x 240L recycling bin & 1 x 240L green waste bin) whilst providing satisfactory access to these bins. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

71.     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.

 

Landscape Conditions

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

 

72.     Landscaping for each individual lot within Stage 4 must be installed substantially in accordance with the Stage 4 Private Lot Principles & Planting Schedule and Stage 4 Typical House Layouts by EDAW/AECOM, drawing numbers L-DA-948B, 949B and 950B, revision B, dated 28.05.10; however, Council requires that the following changes be shown on amended plans, which must be submitted to, and be approved by the PCA for each lot, prior to the issue of Construction Certificates for each dwelling:

 

a)  Deletion of the following species, which are to be replaced with alternative species of similar form and function:

 

i)   Coprosma repens (Looking Glass Plant) as it is recognised as an environmental weed which invades areas of native bushland;

ii)  Pennisetum alopecuroides (Fountain Grass) as this species has also demonstrated a capacity to escape cultivation and spread by wind blow seed;

iii)  Poa labillardieri (Poa) as it does not remain evergreen which gives a poor appearance.  

 

b)  Plant schedules must nominate the quantity, location and spacing for all planting proposed within each lot, and must be shown at their full size at maturity in order to avoid future maintenance issues for both the landscaping and dwellings;

 

c)  Any tree plantings that will achieve a height of 6 metres, and/or, a canopy spread of 4 metres upon maturity, must be setback a minimum distance of 2.5 metres from any physical part of a proposed dwelling;

 

d)  Additional notation or details for soil, mulch, edging, paving, fencing, surface finishes, retaining walls or any other landscape elements in order to fully describe the proposed landscape works;

 

e)  Any hydraulic/stormwater systems must attempt to reduce the placement of detention tanks and pits within areas of private open space so as to maximise the useability of these areas by future occupants.

 

73.  The landscaping must be installed in accordance with the approved documentation, prior to the issue of a Final Occupation Certificate, and must be maintained in accordance with these plans.

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

 

Attachment/s:

Nil


Planning Committee

9 November 2010

 

 

 

Development Application Report No. D82/10

 

 

Subject:                  23 Hargraves Place, Maroubra

Folder No:                   DA/771/2010

Author:                   GAT & Associates , Pty Ltd     

 

Proposal:                     Alterations and additions to existing dwelling including new first floor

Ward:                      South Ward

Applicant:                Cape Code Australia Pty Ltd

Owner:                         Mr T Thomas & Ms S Egan

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 


1.    Executive Summary

 

A Development Application has been submitted to Council, seeking alterations and additions to the existing single storey dwelling located at 23 Hargraves Place, Maroubra.

 

The works involve the construction of a new first floor level, to accommodate three (3) bedrooms, a study, bathroom, and a balcony facing Hargraves Place. The works also involve minor alterations to the ground floor level, including new stairs to the first floor level, removal of some walls to open up the internal living areas, and new front patio doors.

 

During the notification period, two (2) submissions were received which raised issues relating to the loss of solar access and natural ventilation to the adjoining property at No. 25 Hargraves Place, and the privacy impacts to the adjoining rear property from the first floor bedrooms.

 

An assessment of the proposal finds that the development is largely in accordance with the planning controls and guidelines applying to the 2B Residential Zone. A variation is sought to the side setback of the first floor level. An assessment of the proposal finds that the proposed works will not result in unreasonable overshadowing to the adjoining properties, and the privacy of the site and of adjoining properties is considered satisfactory.

 

The development is considered suitable for the site and the proposed works will not adversely impact on adjoining properties. It is recommended that the proposal be supported as detailed within this report.

 

2.    The Proposal

 

The proposed development involves the following works:

 

-   Replacement of the existing front window to the lounge room with a new glazed stacker door.

-   Internal alterations to the ground floor including the removal of walls to open up the rear dining and kitchen area, and the creation of a new store room under new stairs leading to the first floor level.

-   New first floor addition comprising bedroom 1 with built-in-robe and balcony, bedrooms 2 and 3, study and bathroom.

 

The first floor addition will be constructed of timber cladding with tile roof. The existing guttering on the current roof will be replaced.

 

The new first floor level will be set in, to sit within the building footprint of the existing dwelling. The first floor will be setback from the front building line by approximately 10.8 metres, and the balcony to bedroom 1 will be setback approximately 9.36 metres from the front boundary. The first floor will be setback 1.74 metres to the north-west (side) boundary and 0.955 metres to the south-east (side) boundary. The first floor will have a 7.5 metre setback to the rear boundary.

 

The existing on-site parking space under the carport will remain, as will the existing brick fence and gate located along the front boundary.

 

The proposed works will increase the floor area of the dwelling by approximately 72.11m2. The total floor area of the dwelling will be 181.46m2. As the total site area is 301m2, the proposed floor space ratio will be 0.6:1.

 

3.    The Subject Site and Surrounding Area

 

The site is located on the eastern side of Hargraves Place, Maroubra. Hargraves Place is a cul-de-sac accessed from Rodman Avenue. To the north of Hargraves Place is Malabar Road, and further north is Anzac Parade.

 

The property contains an existing single storey, free standing dwelling with carport. The site has a frontage to Hargraves Place of 10.975 metres and a depth of 27.43 metres. The site is rectangular in shape. The total site area taken from survey is 301m2. The title of the property shows that the site area is 297.20m2.

 

Hargraves Place mainly consists of two storey dwellings, with some single storey dwellings. The broader area is residential and the predominant built form is two storey free standing dwellings, with some two storey townhouses and single storey dwellings.

 

4.    Site History

 

The dwelling has existed on site for many years ago. There is no site history which affects the proposed development.

 

5.    Community Consultation

 

The proposal was notified to adjoining property owners for a 14 day period between 13 to 28 September 2010, in accordance with the Randwick Development Control Plan – Public Notification. As a result of the notification, submissions from the following property owners were received:

 

1.     25 Hargraves Place, Maroubra

2.     18 McIver Place, Maroubra

 

The issues raised in the submission are addressed as follows:

 

Issues

Comments

The non-compliance of the first floor to the side boundary adjoining No. 25 will adversely affect the enjoyment and amenity of the use of the property.

 

The objectives of the 2B zone and s79C of the EP&A Act require the amenity of residents and other matters to be considered in determining the impact of both the natural and built environments.

 

The external clothes drying of No. 25 is positioned on the western wall of the property. The bathroom and bedroom also have west facing windows. The proposed additions will result in the loss of adequate access to natural light, daylight and fresh air to these areas.

 

The first floor level will be setback 0.955m to the side boundary adjoining No. 25 Hargraves Place. The setback required under the Development Control Plan is 1.5m. The non-compliance is 0.545m.

 

The variation is considered reasonable in this instance, as the north-western side of the adjoining property is used for utility purposes rather than for outdoor recreation purposes. The setback still allows for light and ventilation to this area. The shadow plans submitted demonstrate that the adjoining property will still achieve the required solar access to the private outdoor area and windows to internal living areas located at the rear of the dwelling, as will be discussed in part 8.3 of this report.

 

The clothes drying area of No. 25 is located along the north-western side walkway which currently would not receive much direct solar access as the side walkway is only 1.1m wide and is already overshadowed by the boundary fence and existing dwelling at No. 23. The shadow plans submitted show that the existing single storey dwelling at No. 23 casts shadows on to the north-western wall of No. 25 from mid-morning onwards. There is opportunity for the clothes drying area to be relocated on the site to achieve direct sunlight.

The benefit of the proposed additions for the owners of No. 23 would be inversely proportionate to the enjoyment and amenity of the owners of No. 25.

 

As demonstrated on the shadow plans submitted by the applicant, and as detailed in this report, the proposed additions will not result in unreasonable overshadowing or privacy issues to the occupants of No. 25.

Departing from the development standard relating to side setbacks is not in keeping with the Development Control Plan objectives and could set a precedent for other undesirable development in the area.

 

Part 4.4 of the Dwelling Houses and Attached Dual Occupancies Development Control Plan recommends a 1.5m side setback for first floor levels as a preferred solution. However, the proposed first floor will be setback 0.955m from the south-eastern boundary.

 

Part 4.4 states that buildings may be setback less than the preferred solution standard where the proposal will not have an adverse impact on the streetscape or adjoining premises, provided the performance requirements relating to a neighbour’s privacy and access to air, light and views will be met. The proposal still allows natural air and light to the north-western side of the dwelling at No. 25. Direct sunlight to this area will not be significantly reduced, if at all, given the existing built form at No. 23, the setback of No. 25 to the side boundary, the existing boundary fencing, and orientation of the sites. No views will be affected by the proposal.

 

The development will not set a precedent as every application submitted to Council is considered on a merit basis. The proposal complies with all other requirements under the Local Environmental Plan and Development Control Plan.

The two rear facing windows at first floor level will directly overlook into the kitchen, living areas and main rear yard of the rear adjoining property. The proximity of these windows to the rear boundary further exacerbates this issue.

 

It is recommended that the windows either be highlight windows, or consist of obscure glazing to a height of 1.5m above finished floor level. The obscure glazing should be permanently fixed into the window.

 

The first floor level is proposed to be setback 7.5m from the rear boundary. The windows at first floor level facing the rear boundary are to bedrooms 2 and 3. These rooms are considered to be low use rooms (with living areas considered high use rooms).

 

A site inspection reveals that the properties to the rear and north-western side are two storey and all have windows at first floor levels. The proposed windows will be located more than 9m from any window of an adjoining dwelling. Part 4.5 of the Development Control Plan requires off-setting or the provision of obscure glazing to windows that are within 9m of another. Given the separation between the proposed first floor level and the rear properties, and the intended of the first floor rooms as bedrooms, it is considered that the windows proposed are suitable without any obscure glazing or raised sill height.

 

It is noted that the site contains a reasonably large deciduous tree in the rear yard, which provides some level of privacy between properties for part of the year. However the existence of this tree has not resulted in the proposal being considered acceptable. It is for the reasons stated above that the windows are considered to be suitable.

 

6.    Technical Officers Comments

 

The application did not require referral to other technical officers in Council, given the proposal is for alterations and additions to an existing dwelling. Appropriate conditions of consent are recommended dealing with planning, building and engineering issues.

 

7.    Master Planning Requirements

 

No Master Planning requirements apply to the subject site.

 

8.    Relevant Environmental Planning Instruments

 

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

 

8.1      Randwick Local Environmental Plan 1998 (Consolidation)

The following Clauses of Randwick Local Environmental Plan 1998 (Consolidation) are relevant to this development:

 

Clause 11 – Zone No. 2B (Residential B Zone)

The objectives of Zone No. 2B (Residential B Zone) are:

 

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

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

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

(d)  to allow for a range of community uses to be provided to serve the needs of residents, workers and visitors, and

(e)  to encourage housing affordability, and

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

 

It is considered that the proposal is consistent with the objectives (a), (b) and (c) of the zone. The proposal retains the low density residential environment within Hargraves Place. The development will not alter the predominant attributes of the area, which are buildings of a single and two storey scale. The proposed works will not compromise the amenity of adjoining properties, as there will be no adverse impacts on privacy or overshadowing as detailed in this report.

 

Objectives (d) and (e) are not relevant in this instance, as the residential use of the site will continue. Affordable housing is not relevant as the proposal affects one existing dwelling and does not increase the density on the site.

 

The new works to the dwelling will improve the internal amenity for the occupants, which could enable them to undertake a home based business in the future in accordance with objective (f).

 

In terms of permissibility, dwelling houses are permissible in the 2B Residential Zone with Council consent. Therefore the proposed alterations and additions to the existing dwelling are permissible with consent.

 

Clause 20B – Minimum Allotment Sizes

Clause 20B requires a minimum site area of 325m2 for land in Zone No. 2B. In addition, sites are required to have a frontage of at least 9 metres. However, subclause (5) does not prohibit the erection of a dwelling house within Zone No 2A, 2B or 2C on an allotment of land that existed as a separate allotment on the appointed day.

 

The site has an area of 301m2 (from survey) and a frontage of 10.975 metres to Hargraves Place. The site was subdivided and developed for residential purposes many years ago. This current proposal does not alter the site area or frontage. No further subdivision of the site is proposed. Given subclause (5) as stated above, the proposed works are not prohibited.

 

Clause 20E – Landscaped Area

The controls for landscaped area under Clause 20E do not apply to dwelling houses.

 

Clause 20F – Floor space ratios

The controls for floor space ratio under Clause 20F do not apply to dwelling houses.

 

Clause 20G – Building Heights

The controls for buildings height under Clause 20G do not apply to dwelling houses.

 

Clause 22 – Services

Clause 22 requires that adequate facilities for the supply of water and for the removal or disposal of sewage and drainage are available to the land. All services are available to the site, given the existence of the dwelling on the site.

 

Clause 43 Heritage Conservation

The site is not a heritage item and does not adjoin a heritage item. The site is not located within a heritage conservation zone. Therefore the heritage controls of the Local Environmental Plan are not applicable.

 


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

SEPP: BASIX requirements came into force for all new dwellings and alterations and additions to dwellings, where the development application was lodged on or after 1 July 2004. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

 

The proposal is for alterations and additions to an existing dwelling house. The applicant has provided a BASIX certificate in accordance with the requirements of the SEPP. The provision of a certificate indicates that compliance with the current targets set for energy, thermal and water conservation have been met by the development. Standard conditions of consent requiring the continued compliance of the development with the SEPP:BASIX have been included in the recommendation section of this report.

 

8.3    Development Control Plans

 

Development Control Plan - Dwelling Houses and Attached Dual Occupancies

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

 

Solar Access and Energy Efficiency

 

Preferred Solution

Proposed

y/n

S2

Private open space to receive at least 3 hrs of sunlight over part of area between 9am and 3pm on 21 June

The solar access currently provided to the rear yard of the subject site will not be altered as a result of this proposal.

Yes

S2,8

North facing windows to receive 3 hrs solar access between 9am and 3pm on 21 June

The solar access to the north facing windows to the ground floor level will not be altered.

Yes

S9

North facing windows to living areas of adjoining properties to receive 3 hrs solar access over part of their surface between 9am and 3pm on 21 June, and private open space area to receive 3 hrs over at least part of its area

The adjoining property at No. 25 has a north-west facing window which will be shadowed from mid-morning onwards. However as stated in the submission from No. 25, this window is to the bathroom and bedroom, and is not to a living area. The proposed development retains solar access to the rear windows of the dwelling at No. 25 until midday, achieving the 3 hours. Therefore it is considered that the proposal complies.

The rear yard of No. 25 will start to be shadowed by the proposed additions after midday. The rear yard will still achieve 3 hours of continuous sunlight in the morning period. Even at 3pm, the rear yard will still receive sunlight to a portion of the whole area.

Yes

 

Water Management

 

Preferred Solution

Proposed

y/n

S1, S2

Provide storm water disposal to Council’s system. Rainwater tanks can be used to collect water. Use Triple A rated water fixtures.

Stormwater disposal will not alter from the existing. The alterations and additions do not require a rainwater tank under BASIX. Triple A rated water fixtures will be used.

Yes

 

Landscaping

Clause

Preferred Solution

Proposed

y/n

S1

40% of site provided as landscaped area

The landscaped area will not be altered by the proposed works. The landscaped area will remain at 147.83m2 which is 49.11% of the site area

Yes

S1

25m² of private open space provided per dwelling.

The rear yard is approximately 77m2 in size

Yes

S1

Min. dimensions of 3m x 4m & minor level change

Rear yard is approx. 10.9m x 7m and is level

Yes

S1

Open space to be located behind the building line.

The private open space is located in the rear yard

  Yes

S6

20% of the site area is to be permeable (soft landscaping).

The existing soft landscaped area of 74.4m2 will not be altered. This is equal to 24.7% of the site area

Yes

 

Floor Area

 

Preferred Solution

Proposed

y/n

S1

(Site area 301m2) The maximum FSR allowed is 0.6:1

The total floor area will be 181.46m2 = 0.6:1

Yes

 


Height, Form & Materials

 

Preferred Solution

Proposed

y/n

S1

External wall height maximum 7m

The maximum external wall height will be 6.5m, measured along the north-western elevation

Yes

S1

External wall height to the rear maximum 3.5m.

The existing rear external wall height will not change. The first floor level is set in approx. 500mm from the existing rear wall. 

Yes

S3

Cut or fill maximum 1m.

No cut and fill is proposed

N/A

S3

No excavation within 900 mm of a side boundary.

No excavation is proposed

N/A

S3

No excavation within 3m of a rear boundary.

No excavation is proposed

N/A

S4

The length of a 2nd storey portion is a maximum 12m at less than 1.5m from a southern boundary.

The first floor level will be approx. 9.2m in length

Yes

S5

The 2nd storey addition to a semi is to respect the adjoining semi-detached dwelling.

The dwelling is not a semi-detached dwelling

N/A

 

Building Setbacks

 

Preferred Solution

Proposed

y/n

S1

Front setback to be average of adjoining dwellings or 6m

The front setback of approx. 8.6m will not change

Yes

S2

Rear boundary setback at least 4.5m

The existing rear setback of 7m will not change

Yes

S3

Side setbacks to be 900mm at ground level.

The ground level setbacks will not change. The existing dwelling has a setback of approx. 1m to the north-west boundary and 0.19m setback to the south-east boundary

No

Refer to comments below

Side setbacks to be 1.5m at second floor level.

The proposed first floor will be setback 0.955m from the south-eastern boundary.

 

No

Refer to comments below

Side setbacks to be 3.0m at third floor level.

Not applicable

N/A

 

Side Setback

The side setback control aims to allow occupants and neighbours adequate natural light and ventilation.

 

The existing dwelling has a non-compliance with the ground floor setback to the south-east boundary, which is below the minimum 900mm. This setback is existing and will not change through this proposal.

 

At first floor level, the development proposes a setback of 0.955m to the south-eastern boundary, which is not consistent with the preferred solutions. Notwithstanding, the development as proposed is considered to be satisfactory. Part 4.4 of the Development Control Plan states that buildings may be setback less than the preferred solution standard where the proposal will not have an adverse impact on the streetscape or adjoining premises, provided the performance requirements relating to a neighbour’s privacy and access to air, light and views will be met. The proposal still allows natural air and light to the north-western side of the dwelling at No. 25. Direct sunlight to this area will not be significantly reduced, if at all, given the existing built form at No. 23, the setback of No. 25 to the side boundary, the existing boundary fencing, and orientation of the sites. No views will be affected by the proposal.

 

Visual & Acoustic Privacy

 

Preferred Solution

Proposed

y/n

S1

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

The windows at first floor level facing the rear boundary are to bedrooms 2 and 3 and are separated by more than 9m to any windows of adjoining dwellings. It is therefore considered that obscure glazing or screening is not required.

 

The first floor rooms will be bedrooms which are considered to be low use rooms. All living areas are located at ground level.

Yes

S1

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

S1

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

 

Safety & Security

 

Preferred Solution

Proposed

y/n

S1,2,3

Front doors of dwellings are visible from the street.

The front door will remain visible from the street

Yes

S1,3

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

The lounge room will remain at the front of the dwelling and the new patio doors will improve casual surveillance opportunities to the street.

Yes

S2

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

The property is already numbered

Yes

 

Garages & Driveways

 

Preferred Solution

Proposed

y/n

S1,2

1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

The existing carport will remain

Yes

Parking spaces have a min. dim of 5.5m x 2.5m.

The existing parking space will not be altered

Yes

Driveway minimum width of 3m and side setback 1m

The existing driveway will not be altered

Yes

Driveway maximum width of 3m at the boundary.

The existing driveway will not be altered

Yes

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

The existing driveway will not be altered

Yes

Garages and carports to rear lanes set back 1m.

N/A

N/A

Parking and access is provided from the rear.

N/A

N/A

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

The carport is infront of the building line, however this is existing and will not change.

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

The driveway and parking will not change through this proposal

 

Fences

 

Preferred Solution

Proposed

y/n

S1

Sandstone fences and walls are retained/recycled.

No sandstone fences or walls are on the site

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

The existing front fence will not be altered

N/A

Fences in front of the building line or on street frontages up to 1.8m and upper 2/3 is at least 50% open.

The existing front fence will not be altered

N/A

 

9.    Randwick Section 94A Development Contributions Plan

 

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


 

Category

Cost

Applicable Levy

S94A Levy

Development cost

$100,001 - $200,000

$175,700

0.5%

$878.50

 

10. Environmental Assessment

 

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

 

For the reasons outlined in this report, it is considered that the proposal is suitable for the site and will not adversely impact upon any adjoining properties. The development will improve the internal and external amenity for the occupants of the site. The development is considered to be in the public interest for these reasons.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The application satisfies the relevant assessment criteria and is recommended for approval subject to the attached conditions of consent.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 771/2010 for alterations and additions to an existing dwelling including a new first floor level, at No. 23 Hargraves Place, 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 Job No. 7239/10 Sheets 1 to 6, dated 7 September 2010 and received by Council on 9 September 2010, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.       The colours, materials and finishes of the external surfaces to the building are to be compatible with the finishes and colour schedule submitted with the application, to maintain the integrity and amenity of the building and the streetscape.

 

3.       The external walls of the dwelling must be located not less than 900mm from the boundary.

 

4.       Eaves, gutters, hoods and similar structures or attachments to the first floor level are required to be setback from the side boundaries of the allotment a minimum distance of 500mm and details of compliance are to be included in the construction certificate details.

 

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

 

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

 

Options may include one or more of the following measures:

 

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

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

 

7.       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.

 

Section 94A Development Contributions applicable to all applications lodged from 2 July 2007:

 

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

 

8.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of 175,700 the following applicable monetary levy must be paid to Council: $878.50.

 

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

 

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

 

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

 

Development subject to BASIX provisions

 

9.       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.

 

10.     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.

 

11.     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)

 

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

 

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

 

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

 

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

 

Absorption pits must be located not less than 3m from any adjoining premises and the stormwater must not be directed or flow onto any adjoining premises or cause a nuisance.

 

Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

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

 

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

 

15.     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.

 

16.     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).

 

17.     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.

 

18.     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).

 

19.     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”.

 

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

 

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

 

21.     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.

 

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

 

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

 

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

 

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

 

24.     Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the additional storey/upper floor addition.

 

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

 

·          Occupational Health and Safety Act 2000 & Regulations

·          WorkCover NSW Guidelines & Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

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

 

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

 

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

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

·          Details of hazardous materials (including asbestos)

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

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works will commence

 

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

 

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

 

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

 

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

 

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

31.     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. 

 

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

 

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

 

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

 

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

 

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

 

The following conditions have been applied to ensure that adequate security provisions are made for vehicular access, parking and public infrastructure:

 

33.     The applicant must meet the full cost for Council or a Council approved contractor to install vehicular crossings and 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

 

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

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

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

 

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

 

 

Attachment/s:

 

Nil

 

 


Planning Committee

9 November 2010

 

 

 

Development Application Report No. D83/10

 

 

Subject:                  2 Araluen Street, Kingsford

Folder No:                   DA/493/2010

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to semi detached dwelling including an upper level addition

Ward:                      Ward

Applicant:                P Festa

Owner:                         M Velardi

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 


1.    Executive Summary

 

The application details alterations and additions to an “existing semi detached dwelling” to provide for a first floor addition. Council has recently received legal advice that semi-detached dwelling houses in the Residential 2A Zone should be classified as an attached dual occupancy. This is due to the fact that “semis” tend to be constructed with a common dividing wall between the two dwellings and as such are not structurally independent of each other. Hence, the two dwellings are contained within the one building and the development should be classified as multi-unit housing rather than dwelling houses.

 

As the proposal is now classified as an attached dual occupancy and not a dwelling house the development standards contained in the RLEP 1998 (Consolidation) now apply.

 

The application is referred to Council for determination as the proposal includes a SEPP 1 Objection that exceeds the standard by more than 10%.

 

The application details alterations and additions to the existing semi detached dwelling including a first floor addition and new garage within the front of the dwelling. The main issue is the potential for any impact upon the amenity of the adjoining properties.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details alterations and additions to the existing dwelling to provide for an open plan addition to the rear of the dwelling to accommodate a new kitchen and family room and the demolition of a portion of the front of the dwelling to include a new garage, and an upper level addition containing two bedrooms and a bathroom. The proposal will provide for 69m of additional floor area to the dwelling.

 

The proposal has been amended prior to assessment to site the proposed upper level addition further towards the rear of the building.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the northern side of Araluen Street and has a site frontage of 9.59m, a depth of 31.85m and an area of 304m. The site falls from the rear to the front with a difference in level of up to 1m.

 

The locality is residential in nature and contains a mixture of semi detached and free standing dwellings.

 

4.    Community Consultation

 

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

 

4.1      Objections

 

Issue

Comment

4 Araluen Street Randwick

-Objects to the position of the garage which will have a detrimental impact upon their property by the movement of vehicles close to their property.

27 Paton Street Randwick

-Issues in relation water and drainage have not been addressed as part of this application, including any impacts as a result of the new garden area at the front of the dwelling.

-Loss of sunlight to their property should be minimised.

-There are concerns that all retaining walls are adequate for the new works.

-The existing carport is to be demolished and no mention is made of the existing side boundary fence if it is proposed to remain or be replaced.

-There are concerns in relation to any impact to the rear boundary fence that encloses their swimming pool particularly in relation to damage to the fence.

-Will the ground levels of the site be altered?

 

The proposed garage is sited wholly within the envelope of the dwelling with direct access from the roadway. The position of the garage is not in an unusual location that could reasonably be considered to result in any significant impact upon the amenity of the adjoining property, either by the position or use in a residential environment.

The issues raised in relation to stormwater and drainage are dealt with by conditions of consent which require details and clarification at the Construction Certificate stage.

The degree of additional overshadowing to the adjoining properties satisfies the minimum solar access requirements of 3 hours during part of the day in the DCP for Dwellings and Attached Dual Occupancies.

 The proposal does not include any alterations to the existing dividing fences and the nature of the works, being to the dwelling only with no major works to the western side boundary will not require any alterations or impact upon the existing retaining walls to the side boundary.

The application does not include any variation to the ground levels of the site.

 

 

5.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

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

 

Clause 20E Landscaped area

Development other than for the purpose of a dwelling house within a 2A zone must provide a minimum of 40% of the total site area as landscaped area. The proposal complies with this clause with 45% of the site provided as landscaping.

 

Clause 20F Floor Space Ratios

The maximum floor space ratios for buildings other than buildings erected for the purpose of a dwelling house within 2A zones is 0.5:1. This proposal has a total floor space ratio of 0.58:1 which exceeds the maximum in the control and a SEPP 1 Objection to this standard has been lodged by the applicant for consideration.

 

Clause 20G Building Heights

The maximum height for a building other than a dwelling house within a 2A zone is 9.5m from any point on ground level with a maximum external wall height of 7m. The proposal complies with both these controls in this standard with an overall height of 8.115m and an external wall height of 6.3m.

 


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

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

 

Pursuant to Clauses 20F of RLEP 1998, the maximum FSR within 2A Zones is 0.5:1 respectively. The proposed variation is summarized in the table below:

 

 

Floor space ratio

Proposal

0.58:1 (176m2 )

LEP development standard

0.5:1 (152 m2)

Excess above or less than the LEP standard

15% excess (24m2)

 

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

 

Matter 1

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

 

FSR - Clause 20F

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

 

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

 

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

 

The building height is within Council guidelines.

 

The upper floor addition is predominantly behind the main roof and preserves the existing roof and streetscape appearance with a reduced bulk and appearance.

 

The impact to the adjoining semi detached dwelling is minimal with a favourable south to north orientation and a common wall construction.

 

Most semis approved exceed the LEP control of 0.5:1 and this proposal is in relation to the prevailing floor space ratio of other semi detached dwelling which are predominant in the area.

 

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

 

The proposed development exceeds the floor space ratio control however in the context of the existing locality which includes a number of dwellings of similar bulk and scale it cannot be argued that this development will be substantially out of keeping with the established character of the locality.

 

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

 

Matter 2

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

 

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

 

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

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

 

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

 

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

 

Matter 3

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

 

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

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

 

The proposed development and variation from the development standard do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not allow the best use of the site and the delivery of an accessible garage suitable for mobility impaired persons.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

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

 

Fifth

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

 

Comments:

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

 

5.2      Policy Controls

Development Control Plan Dwellings and Attached Dual Occupancies

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

45%

Yes.

25m² of private open space provided.

77m2 +

Yes

Min. dimensions of 3m x 4m & minor level change

8.2m x 9.36m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

30%

Yes

 

There are no major objections to the proposal not complying with the preferred solution landscaping as the degree of non compliance is not significant and the available area for landscaping is adequate to serve the occupants needs for an area of outdoor recreation within the private rear yard.

 

 

Floor area

(Site area 214m2) maximum FSR 0.65:1 

0.58:1

See below

 

The proposal does not comply with the preferred solution of the DCP, however in this instance there are no major objections as the resultant floor area of the dwelling will not be out of keeping with the established character of the immediate locality which contains dwellings of similar bulk and scale and therefore whilst the preferred solution is not complied with it can be demonstrated that the overall objectives and performance requirements of the DCP are satisfied.

 

 

Height, Form & Materials

External wall height maximum 7m

6.3m

Yes

Cut or fill maximum 1m.

More than 1m

See below

No excavation within 900 mm of a side boundary.

Up to side boundaries

See below

No excavation within 4m of a rear boundary.

Up to rear boundary

See below

 

Excavation for the rear addition to the dwelling and new garage will be up to the side and rear boundaries, conditions of consent are included with respect to ensuring that both the subject and adjoining sites are properly maintained during and after building works.

 

 

Building setbacks

Front setback average of adjoining dwellings or 6m

No change

Yes

Rear boundary setback at least 4.5m

8m

Yes

Side setbacks be 900mm at ground level.

Up to eastern and 900mm from western side boundaries

See below

Side setbacks be 1.5m at second floor level.

Up to eastern side and 2470mm from western side boundaries

See below

 

The eastern boundary setback of the dwelling up to the side boundary maintains the party wall and fire separation between the two semi detached dwellings and will not result in any impacts to the amenity of that adjoining dwelling.

 

 

Privacy

The proposal will not result in any significant impact to the existing level of privacy to the adjoining dwellings as the proposal does not include an upper level balcony and the windows to the upper level all serve the bedrooms and bathroom.

 

 

Garages & Driveways

 

 

 

 

1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

1 spaces

Existing levels of parking maintained

Parking spaces have a min. dimension of 5.5m x 2.5m.

Complies

Yes

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

Yes

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

33% of the width of the site.

Yes

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

n/a

Private open space receive at least 3 hours sunlight 9am - 3pm on 21 June.

No reduction

Yes

North-facing living areas receive at least 3 hrs sunlight 9am - 3pm 21 June.

Yes

Solar access to existing or future solar collectors on adjacent buildings is maintained 9am - 3pm.

No impact to solar collectors

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours sunlight 9am - 3pm 21 June, or not further reduced.

There will be some loss of solar access during the morning and early afternoon period with the reminder of the day maintaining the minimum solar access requirements of 3 hours a day.

Principal outdoor recreation space of neighbouring dwellings receive at least 3 hours sunlight 9am- 3pm 21 June, or not further reduced.

Slightly reduced

Yes

 

6.    Randwick Section 94A Development Contributions Plan

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200000

$271,689

 

1.0%

$2,716.90

 

7.    Environmental Assessment

 

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 


Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

That the application to carryout alterations and additions to the existing dwelling be approved subject to conditions.

 

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with 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 consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 493/2010 for alterations and additions to the dwelling at 2 Araluen Street, Kingsford, 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 DA-A, 01-07, dated 6/10 and received by Council on the 21st September 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 colour board submitted with the application dated the 29th June 2010.

 

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

 

Options may include one or more of the following measures:

 

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

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

 

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

 

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

 

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

 

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

 

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

 

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $ 271 689 the following applicable monetary levy must be paid to Council: $ 2 716.90.

 

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

 

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

 

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

 

6.       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.

 

7.       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.

 

8.       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)

 

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

 

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

 

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

 

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

 

Absorption pits must be located not less than 3m from any adjoining premises and the stormwater must not be directed or flow onto any adjoining premises or cause a nuisance.

 

Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

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

 

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

 

12.     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.

 

13.     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).

 

14.     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.

 

15.     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).

 

16.     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”.

 

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

 

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

 

18.     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.

 

19.     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.

 

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

 

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

 

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

 

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

 

21.     Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the new upper level.

 

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

 

·          Occupational Health and Safety Act 2000 & Regulations

·          WorkCover NSW Guidelines & Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

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

 

23.     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.

 

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

 

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

 

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

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

 

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

 

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

 

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

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

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

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

 

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

 

26.     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.

 

27.     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.

 

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

 

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

 

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

 

29.     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. 

 

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

 

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

 

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

 

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

 

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

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

 

31.     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 new concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

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

 

32.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

36.     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.

 

37.     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.

Advisory Conditions

 

A1    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

 

A2    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.

 

A3      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.

 

A4      Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the certifying authority.

 

A5      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA) and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards and you are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

 

Attachment/s:

 

Nil

 

 


Planning Committee

9 November 2010

 

 

 

Development Application Report No. D84/10

 

 

Subject:                  74 Carrington Road, Randwick

Folder No:                   DA/759/2010

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to a multi-unit housing building to provide for an upper level

Ward:                      Ward

Applicant:                Cape Cod Australia Pty Ltd

Owner:                         M Cordas & M Horvath

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 


1.    Executive Summary

 

The application details alterations and additions to an “existing semi detached dwelling” to provide for a first floor addition. Council has recently received legal advice that semi-detached dwelling houses in the Residential 2B Zone as should be classified as multi-unit housing. This is due to the fact that “semis” tend to be constructed with a common dividing wall between the two dwellings and as such are not structurally independent of each other. Hence, the two dwellings are contained within the one building and the development should be classified as multi-unit housing rather than dwelling houses.

 

As the proposal is now classified as multi unit housing and not a dwelling house the development standards contained in the RLEP 1998 (Consolidation) now apply.

 

The application is referred to Council for determination as the proposal includes a SEPP 1 Objection that exceeds the floor space ratio standard by more than 10%.

 

The main issue is the potential for any impact upon the amenity of the adjoining property to the south in terms of solar access.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details the erection of an upper level addition to the dwelling to provide for two bedrooms and a bathroom with a balcony to the rear. The upper level will provide for 60m of additional floor area to the dwelling.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the western side of Carrington Road with a street frontage of 6.125m a depth of 38.1m and an area of 233m. On site at present there is an existing single storey semi detached dwelling. The locality is residential and contains a mixture of semi detached and free standing dwellings and multi unit housing development.

 

4.    Site History

There are no other relevant matters relating to this site.

 

5.    Community Consultation

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

 

5.1 Objections

 

76 Carrington Road Randwick

Issue

Comment

There are concerns in relation to the size and scale of the first floor addition, the proposal exceeds the floor space ratio guideline and the resultant overshadowing to their living area.

The proposed bulk and scale of the development will not be out of keeping with the established bulk and scale of similar residential development in the immediate locality which includes numerous examples of other upper level additions to semi detached dwellings.

 

The degree of additional overshadowing to the adjoining property is largely the result of the eat-west orientation of site that leaves the property in the south quite vulnerable to overshadowing – See Section 6 for detailed assessment.

6.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

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

 

Clause 20F Floor Space Ratios

The maximum floor space ratios for buildings other than buildings erected for the purpose of a dwelling house within 2B zones is 0.65:1. This proposal has a total floor space ratio of 0.77:1 which exceeds the maximum in the control and a SEPP 1 Objection to this standard has been lodged by the applicant for consideration.

 

Clause 20G Building Heights

The maximum height for a building other than a dwelling house within a 2B zone is 9.5m from any point on ground level with a maximum external wall height of 7m. The proposal complies with both these controls in this standard with an overall height of 7.9m and an external wall height of 6.1m.

 

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

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

 

Pursuant to Clauses 20F of RLEP 1998, the minimum landscaped area and maximum FSR within 2B Zones is 0.65:1 respectively. The proposed variation is summarized in the table below:

 

 

Floor space ratio

Proposal

0.77:1 (179m2 )

LEP development standard

0.65:1 (151 m2)

Excess above or less than the LEP standard

20% excess (28m2)

 

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

 

Matter 1

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

 

FSR - Clause 20F

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

 

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

 

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

 

 

 

 

It is considered that the proposal is satisfactory and compliance with the development standard is unreasonable and unnecessary. The proposed development exceeds the floor space ratio control however in the context of the existing locality which includes a number of semis detached and free standing dwellings of similar bulk and scale it cannot be argued that this development will be substantially out of keeping with the established character of the locality.

 

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

 

Matter 2

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

 

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

 

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

 

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

 

FSR Comments:

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

 

The proposal is also consistent with the relevant objectives of Residential 2B Zone in that it will allow attached dual occupancy development, which is consistent with the desired character of the locality.

 

Matter 3

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

 

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

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

 

FSR Comments:

The proposed development and variation from the development standards do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not allow the best use of the site.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

The FSR development standard has not been abandoned or discarded by any decision or actions of Council.

 

Fifth

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

 

Comments:

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

 

Development Control Plan – Multi-Unit Housing

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Height

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

 

The overall height of the dwelling and the external wall heights are consistent with the established bulk and scale of the adjoining and nearby development and will not result in any adverse impacts upon either the street or any of the adjoining properties.

 

 

 

 

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

No change to front boundary setback.

P2  Side boundary setbacks

Side setbacks to ensure:

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

 

S2  Zone 2B

Minimum average setback 4 metres.

No part closer than 2.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

 

The proposed new upper level is sited up to the northern and 1240mm from the southern side boundary. There are no objections to the northern side boundary setback as this is to the party wall between the two semi detached dwellings and as well as maintaining fire separation between the two dwellings will not result in any adverse impact upon the amenity of the adjoining property. With regards to the southern side boundary setback this maintains the existing side boundary setback of the existing ground level of the dwelling and is also consistent with the side boundary setbacks of the other dwellings in this group of semi detached dwelling. The side boundary setback will in itself not result in any unreasonable overshadowing upon the adjoining dwelling. 

P3  Rear Boundary Setbacks

Ensure that:

 

§ Solar access and overshadowing are minimised.

§ Privacy between neighbouring dwellings and their open spaces provided.

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

§ Building built across site.

 

S3  Zone 2B

Minimum average setback 6 metres.

No part closer than 4.5 metres.

Maximum length of wall without articulation 10 metres.

 

No change to rear boundary setback.

P4  General

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

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

 

Density

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

 

The proposed floor area of the building is compatible with the two storey dwellings in the immediate locality and it is not considered that the building bulk will result in any unreasonable impacts to nearby buildings and the streetscape.

Privacy

P1  Visual Privacy

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

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

The proposed windows within the upper level will not look directly into any windows to the adjoining property and are not to living areas, being to bedrooms and bathrooms only. A condition is recommended to require the installation of privacy screens to both sides of the rear upper level balcony to restrict overlooking into the adjoining properties.

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

Refer to comments below.

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

 

No existing solar collectors to adjoining dwelling.

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

 

Less than 3 hours, see comments below.

 

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

 

Complies, for most of the day the rear open space area maintains 3 hours of sunlight.

 

At present 4 of 5 widows to the northern elevation of No. 76 Carrington Road are significantly overshadowed by the existing building on the subject site. The additional overshadowing is commensurate with a site with an east-west orientation and that envisaged under Council’s planning controls for two storey additions. In this context it would be very difficult to achieve strict compliance with the solar access requirements of the DCP. It should be noted that this form of development would have been previously assessed under the floor area requirements of the DCP Dwelling Houses that would have allowed an FSR of 0.65:1. The proposal represents a modest upper floor addition with a wall length of 13m and comprises only two bedrooms and a bathroom. The substantial portion of the floor area of the development currently exists at ground level. The first floor addition only adds 60sqm to the development and is indicative of the restrained form of the upper level. The addition is also compliant with the wall height requirements of the DCP and maintains the pattern of side setbacks in the street.

 

In conclusion, the form and density of the proposal are satisfactory and the resultant shadow impacts are reasonable having regards to the particular circumstance of the proposal and the constraints of the site.

 

7.    Environmental Assessment

 

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

 

Relationship with the City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

That the application to carryout alterations and additions to the existing dwelling be approved subject to conditions.

 

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 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 consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 759/2010 for alterations and additions to the dwelling at  74 Carrington Road, Randwick 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 7238/10, sheets 1-6, dated 03-09-10 and received by Council on the 7 September 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 External Finishes and Colour Schedule submitted with the application on the 7th September 2010.

 

3.       To maintain a reasonable degree of privacy to the adjoining properties a fixed privacy screen 1800mm above floor level is to be installed to both sides of the rear upper level balcony. The privacy screen is to be of lattice, fixed louvres or obscured glazing, with any openings not exceeding 25mm and the total area of openings no more than 25% of the area of the screen. Details are to be provided with the Construction Certificate application.

 

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

 

Options may include one or more of the following measures:

 

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

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

 

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

 

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

 

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

 

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

 

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

 

6.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $173 602 the following applicable monetary levy must be paid to Council: $ 868.00

 

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 imposed to promote ecologically sustainable development and energy efficiency.

 

7.       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.

 

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.

 

9.       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)

 

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

 

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

 

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

 

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

 

Absorption pits must be located not less than 3m from any adjoining premises and the stormwater must not be directed or flow onto any adjoining premises or cause a nuisance.

 

Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

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

 

12.     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.

 

13.     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).

 

14.     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.

 

15.     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).

 

16.     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”.

 

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

 

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

 

18.     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.

 

19.     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.

 

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

 

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

 

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

 

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

 

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

 

·      Occupational Health and Safety Act 2000 & Regulations

·      WorkCover NSW Guidelines & Codes of Practice

·      Australian Standard 2601 (2001) – Demolition of Structures

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

·      Relevant DECC/EPA Guidelines

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

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

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

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

 

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

 

24.     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.

 

25.     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.

 

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

 

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

 

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

 

27.     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. 

 

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

 

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

 

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

 

 

Attachment/s:

Nil


Planning Committee

9 November 2010

 

 

 

Development Application Report No. D85/10

 

 

Subject:                  1 Moira Crescent, Coogee

Folder No:                   DA/39/2010

Author:                   David Mooney, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to existing building including addition of an attic with alterations to roof, addition of unit at lower ground level, extension of terrace to ground level unit, alteration to entry stair and creation of two additional carpark spaces in existing garage and a new landscaped roof

Ward:                      North Ward

Applicant:                Mary Josephine Daly

Owner:                         Mary J Daly

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 


1.    Executive Summary

 

This development application is referred to Council for determination at the request of Councillors Tracey, Stevenson and Bowen.

 

The proposal involves alterations and additions to the existing dual occupancy, creating a 3rd residential unit at the ground level. The proposal was the subject of extensive consultation between the applicant and planning staff and there is no resolution of the outstanding issues, which are:

 

·           The last submission from the applicant proposed several major changes but was not accompanied by plans. The changes are beyond the scope of approval conditions because they involve significant design changes.

 

·           The applicant’s SEPP 1 objections are very basic and do not satisfy the standard of documentation required by Clause 7 of the SEPP. They do not, for instance, examine the existing character of the streetscape or other buildings nearby and cannot be said to be ‘well founded’.

 

·           The existing driveway is too narrow and requires a right of way over the driveway pavement on adjoining land. The applicant has not submitted a plan for the right of way although the applicant has advised that the adjoining owners will consent to the creation of the right of way.

 

·           The fire safety measures proposed for the garage do not comply with the ‘deemed to satisfy’ part of the BCA. They have not been prepared by a fire safety engineer and are unlikely to comply with the ‘performance requirements’ part of the BCA. A ‘deemed to satisfy’ design may obstruct a turning manoeuvre into the car space next door causing the adjoining development to fall into non-compliance.

 

·           The applicant’s justification for the higher garage wall height 200mm from the boundary does not take into account the impact on the amenity of the ground level apartment at 17 Marcel Ave. There is no area available between the building and the boundary to soften the impact of the higher wall with landscaping, which fails the relevant performance requirement of the Multi-unit housing DCP.

 

There were six objectors to the proposal raising issues with the application documentation and the amenity impacts of excessive development.

 

Refusal is recommended.

 

2.    The Proposal

 

The proposal involves alterations and additions to the existing dual occupancy, creating a 3rd residential unit at the ground level. The garage would be altered to accommodate 2 mechanical car stackers for 4 cars. The applicant submitted the following additional information or plan amendments to respond to Council’s request for information 15 March 2010:

 

Submission

Amendment and information

 

10 May 2010

·  Amendment reducing units from 4 to 3 by amending attic proposal.

·  Amendment deleting 3 dormer windows, reducing attic floor area and replacing attic unit with a bedroom for a lower level unit.

·  Amendment extending basement level to create a 2 bedroom unit.

·  Geo-technical information.

·  BASIX certificate.

·  Alterations to garage to fit proposed mechanical car stackers.

·  Plan of survey

 

4 June 2010

·  Amendments to driveway to meet manufacturer’s specifications for mechanical car stacker.

 

20 Sept 2010

·  Rectify BASIX specifications on plans.

·  SEPP 1 objections for height and landscaped area.

·  Deletion of proposed driveway work on neighbouring land.

 

21 Sept 2010

·  Fire safety specification for garage

 

12 Oct 2010

·  Written submission (with no plans).

·  Proposal to delete attic level altogether.

·  Proposal to reduce the area of a terrace.

·  Request for Council to condition approval for the creation of a right of way on adjoining land.

·  Revised SEPP 1 objection for landscaped area.

·  Justification for side setback variations.

·  Additional fire safety proposal for garage.

 

26 Oct 2010

·  Advice from the applicant that the adjoining owners would consent to a right of way over part of the driveway for the garage.

 

3.    The Subject Site and Surrounding Area

 

The site is on the western side of Moira Cr south of Marcel Ave. It has frontage of 19.81m, an area of 518.5m2 (according to the Deposited Plan) and tapers to a width of 9.145m at the rear boundary. It slopes moderately on a westerly aspect with a sandstone outcrop forming a natural terrace toward the rear. Adjoining to the west there are semi-detached dwellings with frontage to Ritchard Ave. There is a freestanding dwelling to the south and a building with 3 units to the north. The site is zoned 2B Residential and is part of the Moira Cr Heritage Conservation Area. A right of way on the site services a single car park on 17 Marcel Ave to the north.

 

Figure 1: The subject site and surrounding area

 

 

4.    Application Site History

 

Council Officers have communicated extensively with the applicant about requirements for the development application. There are many emails and letters on the file from Council Officers responding to the applicant’s questions about design or process issues. The applicant met personally with the General Manager about Council’s procedures on 22 March. A delegated report recommending refusal of the application was finalised on 15 September, 2010. Prior to the Notice of Determination being issued, the applicant sought a further opportunity to address the concern of Council. Overall, the applicant submitted revised plans or additional information on 5 occasions; 10 May, 4 June, 20 September, 21 September, 12 and 26 October. It is fair to say the applicant has been given adequate opportunity to understand and respond to the assessment criteria specified in Council’s request for additional information 15 March 2010.

 

The following issues remain outstanding and are ultimately fatal to the present development application.

 

·           The final amendments to the proposal of 12 October 2010 were submitted in writing and were not accompanied by a plan. The changes proposed are outside of the scope of approval conditions. They involve the deletion of the attic level, an updated BASIX certificate and the creation of a right of way over adjoining land. Moreover, the fire safety solution proposed for the garage is not likely to comply with the BCA. The BCA design solution may actually necessitate work on the adjoining lot for which there is also no consent from the affected landowner.

·           The SEPP 1 objections for building height and landscaped area are poorly documented. The building height objection was withdrawn on the basis that the final submission proposed to delete the building height additions; however, there were no amending plans. The landscaped area calculation claims there is no decrease in landscaped area, which is a significant error. The applicant’s objections are not supported by an empirical analysis of the characteristics of the streetscape or local building and landscape forms. Council staff cannot recommend that the SEPP 1 objections, as submitted, are well founded as required by the SEPP.

·           The existing driveway is too narrow to service the additional parking spaces in the garage. The minimum width is 3m while the minimum distance between the building and the boundary is 2.3m. A reciprocal right of way is required over the adjoining lot 17 Marcel Avenue to legally use the portion of the driveway that is constructed there. The applicant has not submitted a draft plan for the right of way.

·           The fire safety measures proposed for the garage door are not ‘deemed to satisfy’ the requirements of the BCA. Rather, they are ‘alternative solutions’ and they are neither certified by a fire safety engineer, nor likely to comply with the ‘performance requirements’ of the BCA. The auto-closing mechanism for the garage door, for instance, will rely on an electric mechanism and so will not operate to close the door if there is a power failure associated with a fire. This issue is unique to the site because the normal ‘deemed to satisfy’ solution, a blade wall, will interfere with a turning manoeuvre into a car park next door at 17 Marcel Ave.

·           The justification presented for the side setbacks of the proposed garage addition does not adequately deal with the performance requirements in the Multi-Unit Housing DCP. The proposal adds 1.1m to the height of the existing wall already just 200mm from the boundary, making it at least 3.7m high. There are no opportunities for landscaping between the building and the boundary, as required by the DCP, to soften the impact on the occupants of the ground floor unit at 17 Marcel Ave. The occupants of this unit have objected on these grounds.

 

Council has the following application history recorded for the site:

 

BA/358/1929, RFB 2 FLATS

BA/587/1929, GARAGE

BA/131/1933, ADDITION TO FLATS

BA/117/1989, RETAINING WALL

DA/746/2002, Alterations to existing residential flat building.

DA/951/2006, Alterations to existing residential flat building including new timber decks to rear, new gate to street frontage and to entry to dwelling, new rainwater tank under deck and internal alterations.

 

State Environmental Planning Policy No 1 – Development Standards

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

 

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

 

The stated purposes of the standards as outlined in the LEP are:

 

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

 

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

 

The applicant has submitted written SEPP 1 objections, which outline the following justifications for the variations to the standards:

 

Applicant’s SEPP 1 Objection for building height

The height of the existing duplex will remain unchanged. The only additional bulk is in the form of a rear dormer which is part of the roof form and will cause no adverse amenity or over-shadowing to neighbouring properties.

 

Assessing Officer’s Note: The applicant’s submission 15 October 2010 proposed to delete the additions that cause the building height encroachments (i.e the rear dormer), therefore avoiding the need for a SEPP 1 objection. However, the submission was not accompanied by plans and so this assessment is included here on the basis of the most recent plans, which do include the dormer.

 

Applicant’s SEPP 1 Objection for landscaped area

The proposed development complies with Council LEP development standards for FSR and height. As amended, the development will result in a FSR of 0.62:1 with the deletion of the attic level. Similarly, the proposed development will comply with the maximum height control with the proposed modifications to the ground level terrace and privacy screens. Accordingly, the proposed development is consistent with the size and scale for a building in the 2(b) zone. Similarly the site coverage of the building will not change. The proposed Lower Ground Level will occupy the area of the existing deck and sub-ground level of the building, which will not impact on the landscaped area. In accordance with Council LEP definition for landscaped area, the subject site currently has an area of 134m2. The remainder of the site is occupied by hard landscaping such as driveways, balconies and decking. The proposed alterations and additions will occur at the lower ground level, which is currently occupied by a decked area, which will not affect the landscaped area.

 

Accordingly, the proposed landscaped area will remain 134m2. While the proposed addition of the garage roof terrace will contribute to the scenic quality of the site and provide landscaping, Council’s definition does not include ‘roof top gardens’ in its calculations. Accordingly, while the proposal will improve the aesthetic character as viewed from Moira Crescent and surrounding properties, it will not increase the existing landscaped area.

 

Finally, the proposed scheme will maintain the environmental amenity and enhance the aesthetic character of the site despite the numerical non-compliance. The proposal has been revised to maintain amenity to adjoining No 3 Moira Crescent and will improve the scenic outlook and aspect for residents of No 17 Marcel Avenue, through the addition of a roof top garden above the garage and planter boxes on the non-trafficable ground floor terrace.

 

Accordingly, the existing non-compliance with landscaped area will remain unchanged. Despite the provision of a roof garden and un-trafficable terrace areas with planter boxes, the LEP definition does not include this form of landscaping. Nevertheless, it will contribute significantly to the outlook and scenic quality of the site for future occupants and adjoining residents of the site. While the proposal does not comply with the numerical requirement of this control, the proposal meets with the objectives of this control.

 

Assessing Officer’s Assessment

The applicant’s case cannot be supported. The landscaped area submission claims there is no decrease in the calculable landscaped area because the new ground floor extensions take the place of an open timber deck. This is an inaccurate assumption. The previous development application for the timber deck (DA/951/2006) was submitted and approved on the basis that there was no decrease in landscaped area. It is does not follow that the area of the timber deck can be constructed into part of a residential unit also without decreasing the calculable landscape area.

 

Neither SEPP 1 objection presents any empirical analysis of the landscape or building height characteristics of nearby buildings and cannot be said to be ‘well founded’ as required by Clause 7 of SEPP 1. This inadequacy in the applicant’s submission is a reason for refusal in the recommendation.

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

Table - Establishing compliance is unreasonable or necessary

Method

Assessment

First

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

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

Assessing Officer: As discussed above, strict compliance with the development standards is reasonable and necessary as the design scheme will not achieve the objectives of the development standards.

Second

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

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

Third

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

Assessing Officer: The underlying objective of the standards would be defeated or thwarted as full compliance in this instance is reasonable.

Fourth

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

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

Fifth

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

Assessing Officer: The existing Residential 2B zoning is appropriate.

 

5.    Community Consultation

 

The proposal was exhibited on 2 occasions. The first occasion was the original development application and the second occasion was an amended proposal.

 

·      1/17 Marcel Ave

·      3 Moira Cr

·      5-7 Moira Cr

·      3/5-7 Moira Cr

·      Executive Committee, 3/5-7 Moira Cr; and

·      An anonymous, no address given

 

Issue

Comment

Impact on neighbour’s amenity and outlook from bulk and scale, including impact of height and location of garage addition on sky-views.

Impact on amenity and outlook is assessed in the DCP section of this report. An encroachment on preferred solution for setback to the northern boundary by the garage wall is a reason for refusal in the recommendation because of the impact on the neighbour’s outlook.

Non-compliance with height, setback, floor space, landscaped area, traffic, solar access, etc, requirements.

Non-compliance is assessed in the LEP and DCP section of this report. Non-compliance with landscaped area, building height and setbacks are included as reasons for refusal in the recommendation.

Proposal is an apartment block and not a town house as required by 2B zone.

Apartment blocks are permissible in the 2B zone.

Statement of Environmental Effects (SOEE) and supporting plans and documents are lacking, vague, misleading or inaccurate.

Inadequacies of the SEPP 1 objections has lead to a refusal recommendation.

Impact on privacy, noise and visual amenity from roof-terrace above the garage.

There is no roof terrace above the garage.

Impact of overshadowing.

Overshadowing is assessed in the DCP compliance section and is acceptable.

No private open space proposed.

Private open space is assessed in the DCP compliance section and is acceptable.

Insufficient parking and subsequent impact on street parking; driveway inadequate to service garage, impact of cars in driveway on neighbour’s acoustic and visual amenity (e.g. headlight glare and noise from mechanical car stacker).

Number of parking spaces provided complies. Acoustic protection from the mechanical car stacker could be a consent condition.

Impact on privacy from overlooking.

Privacy is assessed in the DCP compliance section and is acceptable.

Basement south wall requires fire rating.

Yes it does. This is a normal BCA requirement.

Excavations too close to boundaries and existing buildings and would be dangerous.

Excavations would require geo-technical investigation and could be conditioned.

No stormwater plans

None are required. This matter usually conditioned.

Proposal does not satisfy zone and heritage conservation area objectives because of changes to roof and non-compliance with development standards.

Assessment against zone and heritage conservation area objectives and non-compliance with development standards assessed in this report.

Inaccurate BASIX specifications on the plans, i.e. skylight and external shade device.

Amended plans are satisfactory.

Garbage receptacles, letter boxes and clothes drying areas not shown.

Garbage receptacles are shown on the amended plans. Others could be conditioned.

Mechanical car stacker inappropriate because of inconvenience of use and it would not be available to visitors.

Mechanical car stackers are acceptable. There is no visitor parking required or proposed.

Excessive weight of buildings may cause landslide.

BCA deals with requirements for equal load bearing footings.

If approved may set precedent.

Proposal not recommended for approval.

Parking space on 17 Marcel Ave gets access over 1 Moira Cr

Access to 17 Marcel Ave is protected by legal right of way.

Higher density development impact on local traffic problems on Clovelly Rd.

The proposal complies with the density (i.e. floor area) development standard in the LEP.

 

6.    Technical Officers Comments

 

      Development Engineers

The application was referred to the Development Engineers for comment. The following comments were made.

 

An amended application as been received showing deletion of the proposed attic unit and enlargement of the proposed basement unit.

 

Original proposal: Alterations and additions to existing building including addition of an attic unit with alterations to roof, addition of unit at lower ground level, extension of terrace to ground level unit, alteration to entry stair and creation of two additional car park spaces in existing garage and a new landscaped roof (Heritage Conservation Area)

 

This report is based on the following plans and documentation:

·      Amended architectural Plans by Chapman Architecture dated 7th May 2010;

·      Amended Statement of Environmental Effects by Chapman Architecture dated 7th May 2010.

·      Survey Plan by William Dive stamped by Council 25th Jan 2010.

·      Product data  brochure for carstacker from Klaus Multi-parking

 

Landscape Comments

There is a large and established Jacaranda mimosifolia (Jacaranda) growing in the rear yard of the adjoining property to the south, 3 Moira Crescent, close to the common boundary, which is a significant tree which provides several benefits to the immediate area, and whose northern aspect overhangs substantially into the subject site.

 

While the plans show the lower ground floor deck off the southwest corner of the building, as well as the louvered awning on the ground floor level encroaching slightly beneath the northeast quarter of its canopy, neither will threaten this tree in anyway due to a combination of the existing concrete and block retaining walls on the common boundary, which would have restricted root growth in this direction into the site, and the fact that its branches are already at such a height that interference will not result, with conditions not required.

 

Similarly, while the Cyathea cooperi (Straw Tree Fern) located near the northwest corner of the existing garage is part of a group planting in this area, it should remain unaffected as all works associated with the proposed car stacker and roof terrace will be conducted within the existing footprint, with conditions not required.

 

However, should it or any others in this area need to be removed as part of providing an easement or infiltration area in the rear yard (refer to the Engineers Drainage Comments & Conditions), no objections would be raised as while they do contribute to site amenity, none are overly significant in anyway.

 

The introduction of a planted roof top terrace above the garage/car-stacker is supported as it will not only result in an increase of plant material at this site, but given that the height of the garage will be increased, such an initiative would also reduce its visual dominance and assist with its integration into the surrounding area.

 

Carstacker Comments

In previous memo from Development Engineering dated 20th May 2010 concerns were raised regarding the access grades into the carstackers. The entrance grades exceeded the manufacturer’s specifications and Council did not obviously wish to approve an arrangement that went beyond these as it could open itself up to litigation in the case of an accident or increased maintenance to the carstacker. 

 

Additional information was requested and amended plans have been received that demonstrate a satisfactory grade into the carstacker with a 4% grade for the first 4m indicated in front of the garage. It also appears that access to the carspace in the neighbouring property should not be adversely affected with the raised carstacker platform also facilitating access into this carspace as well.

 

Given that this was the only outstanding issues there are no further objections from Development Engineering. It is Development Engineering’s preference that carstackers be avoided wherever possible due to the possibility of breakdowns and the possible reluctance of future residents to use the carstackers and park on the street but given the site constraints and the high demand for on-street parking in the area Development Engineering will not object to the carstackers in this instance. The only other possible issues created by the carstacker are issues relating to noise for neighbours when the carstacker is in operation but this is a matter for the environmental health section and the assessing officer should ensure the appropriate referrals have been made. Appropriate engineering conditions have now been attached to this report.

 

Drainage Comments

Stormwater management on the site was observed to be currently managed as follows;

 

Downpipes on the north western side of the building adjacent to the driveway connect to a pipe suspended on the side wall of the building (Pic1) which eventually discharges to the ground surface in the subfloor area at the rear of the unit block (Pic 2). The discharge point is immediately next to an air conditioning unit in the sub-floor. This is unsatisfactory and will have to rectify as part of this consent.

Pic 1                                                   Pic 2

                      

 

Downpipes on the south eastern side and front of the building connect to a pipe suspended on the side of the building (Pic 3) that eventually discharges to the kerb and gutter in Moira Crescent (Pic 4). This arrangement is satisfactory and may remain.

  Pic 3                                                               Pic 4

                        

 

Stormwater from the existing garage discharges to a rainwater tank located under the rear timber deck at the rear of the premises. An overflow pipe from the tank was observed to enter the ground next to the tank and it is unclear where it discharges (Pic 5 & 6). It is possible that it connects to the sewerage system which is located in this vicinity. If so this is illegal and will also have to rectify as part of this consent. The rear deck and rainwater tank were part of another DA approved in 2006 (DA/951/2006). Plan submitted for the DA and CC state that that it discharges to the stormwater system but what this actually is in this vicinity is not stated.

Pic 5                                           Pic 6

                        

The proposed lower ground unit creates additional impervious area for the site of approximately 32sqm. If the applicant plans to discharge to Council’s stormwater system then on-site detention shall be required for this redeveloped portion as the site.

 

Seepage Water Comments

Seepage Water was observed to be present on the site immediately behind the garage on the lower rock face which may affect all excavated structures on the site.

 

As seepage water is present the lower ground unit, car stacker pit and 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.

 

Supplementary driveway comments

We cannot support any alterations to the driveway on the neighbouring property unless permission from the owner’s corporation at 17 Marcel Avenue is obtained.

 

In regards to the vehicular access we note that although a Right of Way exists over the property at 1 Moira crescent in favour of the rear strata lot at 17 Marcel Avenue there is no reciprocal arrangement in place (i.e there is no right of way over 17 Marcel in favour of 1 Moira Crescent) which is technically necessary to provide compliant access.

 

      Heritage Planner

The application was referred to Council’s Heritage Planner for comment. The following comments were made:

 

In February 2010 I assessed the original DA for redevelopment of the duplex on this property and recommended that it be refused because of non-compliance with the LEP and DCP and because in my opinion it would degrade the contribution of the original building to the HCA.


I have now examined the amended plans recently submitted by the applicant, and note that it has been redesigned in a manner that largely overcomes the primary objections I identified in the original proposal. The major changes to the duplex building are as follows:

 

·      Deletion of the substantial apartment originally proposed at roof level

·      Replacement of the latter apartment with a small attic containing a Master Bedroom for the existing upper level apartment. This would be accommodated mostly within the existing roof envelope;

·      Deletion of the additional wall height and the reconstructed roof form and dormers proposed in the original DA to provide increased volume to accommodate the new apartment.

 

As a result of these changes, most of the existing roof form on the duplex building would be retained, with the upper part of the rear (west facing) pitch raised to provide additional headroom and west facing windows. A skylight is proposed in the east facing (front) roof pitch to provide additional light to the bedroom and the proposed access stair. Because it faces the rear of the site, the raised part of the existing roof would be relatively hidden from view from Moira Crescent and Marcel Avenue, and in my view the amended proposal represents a reasonable and acceptable compromise which would not unacceptably degrade the heritage significance of the HCA.

 

In my assessment of the original DA I noted that there was no objection on heritage grounds to the proposals to extend the existing basement laundry to accommodate an additional apartment and to extend the terrace of the existing ground floor apartment.

 

The remaining issue identified in my assessment of the original DA relates to the alterations proposed to the existing detached garage building. These would remove the building's pyramidal tiled roof matching that of the main building and replace it with a flat roof at a higher level, providing additional volume to accommodate a 4 car 'stacker'. In my view conversion of the building to a high blocky flat roofed structure would be a significant loss. The owner of the property has provided a heritage statement addressing this issue. This points out that the building was built in the 1970s and in the author's view has no heritage value. It also notes that the garage is 28 metres from the street frontage and expresses the view that the proposal would have little if any impact from the street. It notes that Council has permitted uncovered car 'stackers' much closer to the footpath at No 15 Moira Crescent, four doors to the south of the subject property.

 

Taking all these matters into consideration, in my view the proposal for the garage building is a reasonable and acceptable compromise which will assist in adaptation of the property to meet current standards. As with the proposals for the main building, in my view the proposal for the garage building will not unacceptably degrade the heritage significance of the HCA and therefore are acceptable from a heritage viewpoint.

 

      Manager Environmental Health and Building Services

The application was referred to the Manager Environmental Health and Building Services for comment. 

 

The proposal

It is proposed to make the following alterations and additions to the existing 2 storey duplex.

 

·      The addition of a two bedroom unit at lower ground level by way of alteration to existing common laundry areas, some excavation and a new rear extension.

·      Extension to the rear terrace of the ground floor unit with additional privacy screening. Alterations to existing first floor unit including an attic addition, alterations to existing layout including the addition of an internal stair.

·      Alterations to the existing double garage to create two additional parking spaces by using a car stacking system, including some excavation and a new landscaped roof.

BCA Building Classification

Class 2 — Residential units

Class 7a- Garage

 

Description of the Building

In summary, the building incorporates:

 

·      A ‘rise in storeys’ of 4

·      Masonry walls, tiled roof and timber floors

·      One exit stairway, of timber construction

·      A total of 3 sole occupancy units

·      Side boundary building setbacks of up to approx. 950mm for the main building and up to approx. 200mm for the garage

 

Key Issues

 

Building Code of Australia (BCA):

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

 

Site Management:

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

 

7.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

Clause 11 Zone Objectives

The proposal does not comply with development standards for Building Height and Landscaped Area specified in the Local Environmental Plan (see table below). The accompanying SEPP 1 Objections are not well founded and therefore there is insufficient evidence to say that the proposal satisfies the 2B Residential Zone objectives:

(1)  The objectives of Zone No 2B are:

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

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

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

(e)  to encourage housing affordability, and

 

Clauses 20E, 20F and 20G Development Standards

The table below compares the proposed building to the relevant Randwick LEP development standards.

 

Table – Assessment of LEP Development Standards

Clause

Description

Standard

Proposed

Compliance

20E

Landscaped area

50%

38%

No

20F

Floor Space Ratio

0.65:1

0.648:1

Yes

20G(1)

Building Height

9.5m

10.2m

No

20G(3)

Ext Wall Height

9.5m

10m

No

 

Inconsistency with the zone objectives and non-compliance with the building height and landscaped area standards are included as reasons for refusal in the recommendation.

 

State Environmental Planning Policy No.55 - Remediation of Land

There may be asbestos present in the existing dwellings because they are old. This matter could be resolved by conditions of approval if the application were recommended for approval.

 

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

The development application was accompanied by BASIX certificates. The proposed amendments in the applicant’s submission 12 October 2010 would need amended BASIX certificates. This matter is easily resolved by submission of another certificate.

 

Section 94A Development Contributions

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200000

$215,600

1.0%

$2,156

 

Development Control Plan – Multi-Unit Housing

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

Survey and site analysis submitted.

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

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

Site has 19.81m frontage. Does not comply but variation is minor.

P3 Development on corner sites responds to both street frontages.

 

The site has just one street frontage and the existing building adequately addresses it.

Height

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

 

Building height does not comply with external wall height and overall height in the LEP development standards. The SEPP 1 objection is inadequate. This is a reason for refusal in the recommendation.

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

 

Building Setbacks

P1 Front boundary setbacks - The front setback consistent with streetscape.

 

No change to the existing front setback.

P2  Side boundary setbacks

Side setbacks to ensure:

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

 

S2  Zone 2B

Minimum average setback 4 metres.

No part closer than 2.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

 

The garage wall height extension is 200mm from the northern boundary.

The basement apartment extension is 950mm from the southern boundary.

Does not comply.

 

The garage encroachment is a reason for refusal in the recommendation because of the impact on neighbour’s outlook.

 

The basement apartment encroachment approximates the setback and reach of the building next door to the south so is acceptable.

P3  Rear Boundary Setbacks

Ensure that:

§ Solar access and overshadowing are minimised.

§ Privacy between neighbouring dwellings and their open spaces provided.

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

§ Building built across site.

S3  Zone 2B

Minimum average setback 6 metres.

No part closer than 4.5 metres.

Maximum length of wall without articulation 10 metres.

 

Minimum setback to the existing garage is 7.5m. Other structures are setback more. No walls that are more than 10m long. Proposal complies.

P4  General

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

 

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

Satisfactory.

Density

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

 

Floor space ratio complies with LEP development standard.

Fences

P1  Fences to be/have:       

§ consistent with streetscape;

§ Entrances highlighted; and

§ Planting used to soften and provide privacy.

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

 

No change to existing front fence.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1 Minimum for landscaped area 2 metres.

Landscaped area does not comply with LEP development standard and the SEPP 1 objection is inadequate. This is a reason for refusal in the recommendation.

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

 

Complies.

P3  Private Open Space

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

 

Complies.

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

 

Not applicable.

P5  Townhouses

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

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

Not applicable.

P6  Flats and apartments

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

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

All units have an outdoor terrace connected to the living room. The smallest is slightly undersized at 7.3m2, but all are supplemented by open space in the rear yard that is communally accessible.

Privacy

P1  Visual Privacy

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

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

The 2 additional side windows do not require privacy measures because they are not in conflict with living rooms.

P2 Private open space design and location ensure privacy.

 

Visual privacy to the neighbours is adequately protected by privacy screens on the southern aspects of the new balconies and terraces.

P3  Acoustic Privacy

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

 

Layout is satisfactory for internal acoustic privacy. The mechanical car-stacker is likely to need acoustic protection, but this could be a condition of consent if the application were approved.

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

This aspect of the proposal would need to comply with BCA.

View Sharing

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

 

There are no land and water views over the site that is affected by this proposal. One of the objectors raised an issue about views to the sky, but these ‘outlooks’ are not the sort of views contemplated by this clause.

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

 

P3 Buildings are aligned to maximise view corridors between buildings.

 

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

The living rooms windows at No 3 Moira Cres that on the western extent of the northern elevation retain 3 hours of sunlight from noon during the winter solstice. Complies.

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

 

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

 

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

 

Disregarding vegetation (as required by the Court’s planning principle) the south neighbour would receive at least 3 hours of sunlight to the rear yard during the winter solstice. Complies.

 

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

 

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

§

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

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

Proposed amendments 12 October 2010 were not accompanied by BASIX certificates.

P5 Buildings have roofs with pitch suitable for solar collectors.

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

Complies.

Safety and Security

P1 Design allows surveillance.