Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 14 December 2010

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council

14 December 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ordinary Council Meeting

 

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

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

 

Apologies/Granting of Leave of Absences 

 

Confirmation of the Minutes  

Ordinary Council Meeting - 23 November 2010

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

Address of Council by Members of the Public

 

Mayoral Minutes

Nil 

 

Urgent Business

 

Director City Planning Reports

CP113/10   159 Arden Street, Coogee

CP114/10   66-70 Boronia Street, Kensington

CP115/10   169-181 Dolphin Street, Coogee (Ground Level)

CP116/10   1R Marine Parade, Maroubra (South Maroubra Surf Lifesaving Club)

CP117/10   1-53R Yorktown Parade, Maroubra (Coral Sea Park)

CP118/10   128 Marine Parade, Maroubra

CP119/10   Australia Day activities 2010

CP120/10   Reporting variation to Development standard under State Environment Planning Policy No. 1 (SEPP1) for the month of November 2010

 

General Manager's Reports

GM50/10    Expansion of Community Partnership with South Sydney Football Club

GM51/10    Updated Rules and Procedures for Precinct Meetings

GM52/10    Community Satisfaction Survey 2010

 

Director City Services Reports

CS29/10    Buildings for our Community - Coogee Surf Club and South Maroubra Surf Club projects - additional works

CS30/10    Royal Life Saving Society Australia Aquatic Facility Safety Audit of the Des Renford Aquatic Centre  

 

Director Governance & Financial Services Reports

GF68/10    Arrangements over the christmas/new year meeting recess - development applications for semi-detached dwellings

GF69/10    Investment Report - November 2010

GF70/10    Acquisition of Land to be Incorporated into Arthur Byrne Reserve, Maroubra Beach

GF71/10    Randwick City Council Economic Leadership Forum November 2010

GF72/10    Matraville Town Centre Action Plan - Implement Best Practice in Sustainable Development

GF73/10    Proposed Councillor Extranet Service and Associated Technology  

 

Petitions

 

Motion Pursuant to Notice

NM52/10    Motion Pursuant to Notice from Cr Belleli - Installation of Traffic Lights Corner of Beauchamp Road & Perry Street, Matraville

NM53/10    Motion Pursuant to Notice from Cr Belleli - Reinstating Police Sign outside of Malabar Police Station

NM54/10    Motion Pursuant to Notice from Cr Bowen - Support for the Emergency Service Workers Campaign "Last Drinks"

NM55/10    Motion Pursuant to Notice from Cr Procopiadis - Council support for the Cancer Council "Saving Life Why Wouldn't You" campaign

NM56/10    Motion Pursuant to Notice from Crs Andrews and Matthews - Reimbursement to Council

NM57/10    Motion Pursuant to Notice from Cr Procopiadis - Reinstatement of the Pumpkin Bus  

 

 

Closed Session

GF74/10    Review of Catering Contract for Council and Committee Meetings

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

 

GF75/10    23 Adina Avenue, Phillip Bay - Intended Sale of Council Owned Property

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

CS31/10    T24/10 Randwick City Council Signage Panel Contract

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

  

Notice of Rescission Motions

NR9/10      Notice of Rescission Motion from Councillors Andrews, Matthews, Procopiadis and White - Coogee Dolphins - Move from Barden Park to Grant Reserve  

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council

14 December 2010

 

 

 

Director City Planning Report No. CP113/10

 

 

Subject:                  159 Arden Street, Coogee

Folder No:                   DA/970/2010

Author:                   Willana Associates, Pty Ltd     

 

Proposal:                     Construction of 5 carpark spaces to rear of existing multi unit building, including a roof structure forming communal open space, planter box and associated works (SEPP1 objection to landscape controls)

Ward:                      North Ward

Applicant:                Mackenzie Architects

Owner:                         Owner of Strata Plans SP 33093

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

Development application 970/2010 has been received by Council and has been assessed on the merits of the application and against the relevant legislation.  The proposal is for the construction of 5 car spaces to the rear of an existing multi unit building and the provision of an alternate communal open space area. The applicant is referred to Council as the proposal involves a variation to the landscaped area standard of greater than 105.

 

There is presently no parking provided on the site.  The parking is able to be provided via an approved right of carriage way across the adjoining land at 155 to 157 Arden Street.  This negates the need for any further “openings” in the adjacent sandstone wall to facilitate parking on this site.

 

The proposal is considered acceptable with the provision of parking and the provision of landscaped area.  The application was notified and two objections were received. These were considered in the assessment of the proposal.  They raised concerns regarding visual and acoustic privacy.  Additional information and amended plans were provided on 1 December 2010. This additional information included additional screening and privacy measures that minimised the potential impact on surrounding dwellings.  The amended plans also provided for a greater area of planting on the proposed terrace.  This improves compliance with the objectives for the landscape controls and reduces the area available for congregation of larger groups on the terrace.

 

The provision of the car spaces result in some loss of landscaped area.  The proposed communal terrace area replaces some of this landscaping but the proposal results in an overall loss of landscaping greater than 10% such that a SEPP 1 Objection is required to the development standard.  The proposal includes a SEPP 1 objection which is considered to be well founded.

 

These matters are dealt with in detail in the following sections of this report.  The proposal warrants support of Council despite the non-compliance with the various development standards

 

2.    The Proposal

 

The proposal works for a rear parking for the existing multi unit dwelling on the site. The proposal is for five car spaces on the existing open space at the rear of the site. Four of the car spaces will be under cover, the cover will form additional open space for the residents of the dwellings. The vehicular access to and from the parking area is from a right of way access from the adjoining site 155-157 Arden Street, Coogee.

 

3.    The Subject Site and Surrounding Area

 

The subject site is plan 33093 known as 159 Arden Street, Coogee. It currently contains a part two, part one storey masonry building and a detached single storey laundry building, that contains five dwellings. The site also contains a number of paved paths and landscaping. The site slopes to the south east.

 

Surrounding the site are mixed density residential buildings. Currently 155-157 Arden Street is under construction. When completed the site will contain a multi unit housing development with associated basement parking and landscaping. To the south of the site, 161 Arden Street, is an established multi-unit building.

 

 

4.    Site History

 

As a result of the development of the adjoining 155-159 Arden Street development and associated parking, the site secured a right of carriage and access via the adjoining basement car parking to Arden Street, under DA 58/2010.  This approval requires minor modification to “align” the entry point into the subject site.  That change is subject to a separate application to Council.

 

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

 

The proposal seeks to construct an undercover parking area, with a communal open space area provided over the parking spaces.  A consequence of the provision of parking is that the proposal will not achieve the landscaping requirement of Clause 20E in the Randwick LEP, necessitating a SEPP 1 Objection for landscaping. 

 

SEPP 1 Objection to FSR

A SEPP 1 Objection has been provided by the applicant to justify the variation to the development standard setting the landscaped area for the site. The prescribed landscaped area pursuant of 20E of the Randwick Local Environmental Plan 1998 is 50%.  The definition of landscaped area stated in the Randwick Local Environmental Plan 1998 is as follows.

 

Landscaped area means the part of a site area that is used, or capable of being used, for outdoor recreation or garden areas (such as lawns, gardens, unroofed swimming pools, clothes drying areas, barbecue areas, footpaths and the like) and includes landscaped podium areas and water tanks located at ground level. It does not include areas used for parking, driveways, balconies, rooftop gardens or areas used for garbage or recycling material storage or sorting.

The applicant has provided two measurements for the landscaped area, 162.87m2 and 249.45m2.  The initial measurement is the total landscaped area of the site excludes areas which are deemed to be too narrow to be “useable” in accordance with the above definition.  In this application, that would exclude the two side paths as they provide no opportunity for recreation or landscaping (currently concreted).  This calculation results in a total landscape percentage of 27.52%.

 

The second measurement of 249.45m2 includes the side foot paths on the basis that paths are included in the technical definition of landscaped areas provided in the Randwick Local Environmental Plan.  This approach results in there being 42.14% of the site as landscaped area.

 

Irrespective of the numerical approach, the key question is whether the resultant landscaping meets the objectives of the standard and therefore whether the SEPP 1 can be supported.  Principles for assessing SEPP 1 Objections have been established in the NSW Land and Environment Court case, Wehbe v Pittwater Council [2007] NSWLEC 827. 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. The principles established in Wehbe v Pittwater Council are addressed below:

 

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 landscaped area standard as outlined in the LEP is:

 

“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 the following argument in support of the SEPP1 Objection:

The proposal will not alter the existing floor space ratio or building height. The location of the proposal to the rear of the site will reduce the impact on adjoining residents and the need to add an additional access point on an already busy road (Arden Street). A site inspection and the amended plans for the proposal will further minimise the impact of the proposed communal open space and provide a clearly identifiable distinction between private open space and communal open space.

 

The provision of planting on the communal open space will minimise adverse impact and seek to achieve the stated purpose of the development standard and the objectives identified in the applicant’s SEPP 1 Objection.  The additional plantings will reduce hard paving areas and ensure that the area will provide a desirable level of environmental amenity and aesthetic character for the residents.

 

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 to the landscape area control is consistent with the aims of SEPP No.1 as it can be demonstrated that the scheme would not detract from the objects of the Act under Section 5 (a) (i) and (ii).  The resultant development would promote the orderly use and development of the subject land, in particular, the proposed onsite parking is considered a significant asset to the site.  The development has provided the required levels of amenity in terms of landscaping and screening.

 

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 does not raise any matters of significance for State or regional environmental planning.  The variation to the development standard will not undermine Council’s ability to provide for the economic and orderly use of land is maintained.  The development will not hinder the preservation and enhancement of the character of the area.

 

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 consistent with the aims set out in clause 3 of the Policy in a variety of ways:

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unnecessary as the proposal generally achieves 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 because it intends to protect the character of the area, the amenity for future residents, the amenity of adjoining dwellings and the integrity of the streetscape.  The proposed development will not undermine the objective or purpose of the standard taking into account the character and nature of surrounding development and the ability of the proposal to meet the underlying objectives relating to amenity and character.

 

Third

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

 

Comments:

The proposal cannot demonstrate that the underlying objective of purpose would be thwarted if compliance was required.

 

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 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 Residential 2C zoning is considered to be appropriate for the locality as the area is characterised medium to high density residential development. 

 

6.    Community Consultation

 

The proposal has been notified to adjoining land owners and placed on exhibition for a period of 14 days, from 8 November 2010 to 23 November 2010 as required under the development Control Plan – Public Notification. The proposal received two objections from nearby residents

 

5.1 Objections

 

Issue

Comment

Occupants of 93A Bream Street, Coogee

 

Objection to the proposed parking and communal open space as there will be adverse impacts in the following two forms:

-Visual Privacy

-Acoustic Privacy

 

A request has been made to refuse the application or/and ask the applicants to provide sight line plans and building layout and design minimising the transmission of noise plans.

 

93 Bream Street, Coogee

Objection to the proposed parking and communal open space as there will be adverse impacts in the following two forms:

-Visual Privacy

 

-Acoustic Privacy

The proposal has now been amended to include significant landscape screening, a consequent reduction in trafficable area on the terrace and small reduction in the height of the terrace. 

 

 

These amendments, when considered in the context of the character of surrounding development, result in an acceptable outcome.  Consideration has also been given to the character and privacy issues that result from the existing balconies both on the current site and the surrounding development.

 

It is considered that concerns relating to the visual and acoustic impact that this proposal will have are been mitigated by the applicants and that the impact in this case will be acceptable given the circumstances of this application and the nature of surrounding development.

 

7.    Technical Officers Comments

 

The application has been referred to Randwick City Council’s Development Engineer. The comments on the proposed development have been included below.

 

Permission is granted for the removal of the Canary Island Date Palm located on the southern side boundary towards the rear of the site. This date Palm appears to be self seeded due to its location hard up against the southern side boundary.

 

Permission is also granted for removal of the tree adjacent to the date Palm.

 

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998

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

 

Clause 12 Zone No 2C (Residential C Zone)

 (1)The objectives of Zone No 2C are:

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

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

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

(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.

 

Under this clause development for the purpose of residential flat buildings are permissible with consent.  The proposed parking is an ancillary use to the permissible residential flat building use.

 

 

Clause 20E Landscaped area

(1) Development, otherwise than for the purpose of a dwelling house, within Zone No 2A must provide a minimum of 40% of the total site area as landscaped area.

(2) Development, otherwise than for the purpose of a dwelling house, within Zone No 2B or 2C must provide a minimum of 50% of the total site area as landscaped area.

(3) Landscaped areas over podiums or excavated basement areas must not exceed 50% of the landscaped area requirements specified in subclauses (1) and (2).

Purpose: 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 application seeks to vary the 50% landscape requirement.  This report, in Section 5, has discussed the merits of the SEPP 1 Objection and found the objection to be well founded.

 

Clause 28 Tree preservation orders

(1) The Council may, by resolution, make a tree preservation order.

(2)–(4) (Repealed)

(5) Where a tree preservation order is in force, a person must not, on land to which it applies, ringbark, cut down, top, lop, remove, injure or destroy any tree covered by the order without the consent of the Council.

(6) Subclause (5) does not apply where it can be demonstrated to the satisfaction of the Council that the tree is dying, dead or has become dangerous or where the tree is dealt with in accordance with a permit granted by the Council.

(7) Before granting a consent or permit referred to in subclause (5) or (6), the Council must make an assessment of the importance of the tree or trees concerned in relation to:

(a) soil stability and prevention of land degradation, and

(b) scenic or environmental amenity, and

(c) vegetation systems and natural wildlife habitats.

(8) This clause does not apply to work carried out under section 48 of the Electricity Supply Act 1995.

 

An inspection of the site concluded that the proposed works would not impact on any significant trees. However this clause has been considered in the determination of this application.

 

Clause 29 Foreshore scenic protection area

 (1) The foreshore scenic protection area is shown on the map.

(2) 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

 

The site is located within the foreshore scenic protection area. As a result the probable aesthetic appearance of the proposed building in relation to the foreshore should be considered. The site visit revealed that the rear of the site largely protected by surrounding buildings and established vegetation from the foreshore area.  It was concluded that the proposed development will not be seen from the foreshore area and therefore meets the requirements of this clause.

 

(b)    Section 94 Contributions

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


 

Category

Cost

Applicable

Levy

S94A Levy

Development Cost

From $100,000 to $200,000

$165,000

0.5%

$825.00

 

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

 

8.1 Policy Controls

 

Development Control Plan Multi Unit Housing

 

Development Control Plan Multi Unity Housing

Clause

Standard

Check

y/n

Landscaping

Townhouses, row houses, villa houses etc have a minimum area of 25 m2 of private open space. Each area of private open space at ground or podium level is capable of containing a rectangle with minimum dimensions of 3m x 4m with only minor changes of level.

Private open space remains as existing.

Yes

Private open space for flats and apartments has a minimum area of 8 m2 and a minimum dimension of 2 metres.

Private open space remains as existing.

Yes

Privacy

Windows and balconies of main living areas are located to avoid overlooking of similar windows in adjoining dwellings and areas of private open space(whether part of the development or on adjoining properties.)

There was some potential for overlooking from the proposed communal open space, however this has been addressed through the inclusion of planter boxes adjoining the southern boundary.

Yes

Parking

Parking layout ensures that vehicles are able to enter parking spaces in a single turning movement and leave the space in no more than 2 turning movements.

 

The proposal allows for this with a width of 6.1m.

Yes

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

 

The driveway enters the site from the adjoining site and is 6.1m wide.

Yes

Large expanses of uncoloured concrete are to be avoided.

 

The driveway area is minimal.

Yes

 


Development Control Plan Parking

The proposal was referred to the development engineer to consider the parking controls on the site. No issues were raised.  The parking controls for the site require six (6) car spaces, whilst only five (5) are proposed, this includes one for each dwelling in the building.  This level of parking provision is considered acceptable due to the constraints of the site and the high frequency of public transport in the area.

 

Development Control Plan - Public Notification of Development Proposals and Council Plans

The proposal was notified as required.

 

9.    Environmental Assessment

 

The following is an assessment of the application with regard to Section 96(1A) of the Environmental Planning and Assessment Act, 1979, as amended, including those environmental planning instruments, policies or principles listed in the sections above.

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

Refer to the “Environmental Planning Instruments” section of this report for details. 

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

Not applicable.

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

Refer to the “Policy Control” section of this report for details.

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

Not applicable. 

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

Should the application be approved, appropriate standard conditions are recommended to address the relevant clauses of the Environmental Planning and Assessment Regulation 2000.

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

The environmental impacts of the proposed development on the natural and built environment have been addressed within the body of this report. They were found to be satisfactory.

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

The site is located within an established residential neighbourhood and the development is a suitable outcome for the site in the provision of parking.

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

Two submissions were lodged from the public as a result of Council’s notification process. The issues have been addressed in the body of the report

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

The development is not inconsistent with the public interest and has sought to mitigate potential impacts.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal is recommended for approval. Despite a number of non compliances the proposal is in keeping with the desired character of the site and has minimal amenity and privacy issues. The SEPP 1 objection that was submitted for non compliance with the development standards of landscape area are justified. The comments of the technical officers have been taken into careful consideration and the conditions have been provided. As a result the proposal is recommended for conditional approval as follows

 

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 20E of Randwick Local Environmental Plan 1998, relating to landscape area 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. 159 for 2010, at No. 159 Arden Street, Coogee, subject to the following conditions:

 

REFERENCED PLANS:

 

1.       The development must be implemented substantially in accordance with the plans numbered DA04, dated 2 November 2010 and received by Council on 2 November 2010 and amended plans numbered DA01A,DA02A, DA03A and LP01A , dated 30 November 2010 and received by Council on 1 December 2010, the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

ENVIRONMENTAL AMENTITY:

 

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

 

2.       The colours, materials and finishes of the external surfaces to the car parking and terrace structure are to be compatible with the existing building to maintain the integrity and amenity of the building and the streetscape.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

10.     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.

 

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

 

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

 

12.     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.

 

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

 

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

 

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

 

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

 

14.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $ 165,000, the following applicable monetary levy must be paid to Council: $825.

 

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.

 

Construction site management

 

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

 

·           Australian Standard 2601 (2001) – Demolition of Structures

·           Occupational Health and Safety Act 2000

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·           WorkCover NSW Codes of Practice and Guidelines

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

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

 

16.     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.

 

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

 

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

 

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

·       effectively support  the excavation and building; and

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

 

Notes

 

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

 

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

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

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

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

 

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

 

18.     Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers or the like

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Additional requirements for all development, except for single residential dwellings

·   Saturdays and Sundays before or after a public holiday - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

g)     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.

 

h)     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.

 

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

 

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

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

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

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

 

21.     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.

 

22.     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 consideration for service authority assets:

 

23.     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.

 

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

 

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

 

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

 

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

 

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

 

1.       To the kerb and gutter along the site frontage by gravity (preferably without the use of a charged system); OR

 

2.       Through a private drainage easement(s) to Council’s kerb and gutter (or underground drainage system); OR

 

3.       To a suitably sized infiltration area. As a guide the infiltration area shall be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area on the site.

 

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

 

NOTE: Should the applicant be unable to obtain a private drainage easement over properties to the rear of the development site (to facilitate stormwater discharge in accordance with option b)); and ground conditions preclude the use of infiltration (Option c), consideration may be given to the use of a charged system or a pump out system to drain that portion of the site that cannot be drained by gravity to the kerb and gutter at the front of the property.

 

27.     Should a charged system be required to drain any portion of the site, the charged system must be designed with suitable clear-outs/inspection points at pipe bends and junctions.

 

28.     Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the required discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

The pump system must also be designed and installed strictly in accordance with Randwick City Council's Stormwater Code.

 

29.     All pump out water must pass through a stilling pit prior to being discharged by gravity to the kerb and gutter.

 

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

 

Tree Management

 

30.     Approval is granted for the removal of the Canary Island Date Palm located on the southern side boundary towards the rear of the site as well as the adjoining tree.

 

Advisory Conditions

 

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

 

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

14 December 2010

 

 

 

Director City Planning Report No. CP114/10

 

 

Subject:                  66-70 Boronia Street, Kensington

Folder No:                   DA/572/2010

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     Alterations and additions to approved multi unit building including change to front, rear and side setbacks (SEPP1 objection to FSR and external wall height standards)

Ward:                      West Ward

Applicant:                Atsiki Pty Ltd

Owner:                         Atsiki Pty Ltd & Krinis Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 


1.    Executive Summary

 

The subject proposal is referred to Council for determination as it contains variations to the FSR and external wall height development standards stipulated in Randwick Local Environmental Plan (RLEP) 1998 by more than 10%. The applicant has submitted SEPP 1 objections to these development standards.

 

The subject application is for alterations and additions to approved multi unit housing building including change to front, rear and side setbacks, alteration to side elevations, alteration to landscaping, reconfiguration of storm water detention tank, relocation of fire stairs, garbage room, bicycle storage, provision of rain water tanks, alteration to parking, internal alteration and addition of two units (Units 13 and 14) at the fourth level and changes to materials and finishes.

 

The approved development under DA/894/2008 essentially comprised a part 3 and part 4 multi-unit housing development with the part 4 level consisting of a loft-space containing the 3rd bedroom to Unit 12 below. The current application replaces this loft bedroom and adds two additional apartments (Units 13 and 14) to the upper level thus creating a larger 4th level.

 

Amended plans were submitted on 4 November 2010 showing an increased setback of the upper floor dwelling units to reduce overshadowing impacts on adjoining southern properties and minor adjustments to the basement carpark to preserve trees and increase the driveway width. Further amended plans were submitted on the 26 November 2010 which, in addition to the amendments provided on 4 November 2010, provide for a sloping roof over the southern section of the additional dwelling unit No. 13. Shadow diagrams corresponding to this latest amendment shows that, as a result of the proposed sloping roof, there will be no additional overshadowing impacts on adjoining southern properties beyond and above that already generated by the approved DA. The amended plans are considered to be satisfactory, showing an improved proposal addressing concerns raised and form the basis of this report.

 

The amended proposal has an increased FSR of 1.21:1 (compared with the original approved maximum of 0.97:1) which breaches the maximum 0.9:1 FSR standard applicable under the Randwick LEP 1998 and is accompanied by a State Environmental Planning Policy No. 1 (SEPP 1) objection. The amended proposal has also resulted in a maximum external wall height of 11.65m (but less than the original approved maximum of 11.7m) which breaches the maximum wall height control of 10m. A SEPP 1 objection has been submitted in support of the variation from the wall height standard. 

 

The SEPP 1 Objections have been assessed and found acceptable as the proposal will be consistent with the planning objectives for the locality and purposes of the standard; the proposal is not considered to be visually intrusive or bulky; the development overall is considered to be consistent with the character of existing development; and the additional density and height will not give rise to any detrimental impacts to surrounding uses in terms of sunlight, privacy, views, traffic and parking impacts. Accordingly, an assessment of the SEPP 1 objections indicates that strict compliance with the controls would be unreasonable and unnecessary as indicated in Section 10.1 of this report.

 

The proposal generally complies with the preferred solutions/performance requirements of the DCP - Multi-unit Housing (with the exception of the wall height control which has been assessed as part of the SEPP 1 Objection).

 

The proposal also does not comply with the numerical car parking requirement of the DCP – Carparking having a shortfall of 2 car spaces. The variation has been assessed in relevant sections of the report and are considered justified in the circumstances.

 

The proposal would be suitable for the site and would have acceptable impacts on the amenity of adjoining and surrounding properties.

 

The recommendation is for approval subject to conditions.

 

2.      The Proposal

 

The current proposal is essentially an amended proposal to that originally submitted following the incorporation of changes recommended by Council and the SEPP 65 Design Review Panel.

 

The proposal amends an approved multi-unit housing development that in effect results in a development that now comprises the construction of a new 4 storey multi-unit housing development containing 14 dwellings and basement car parking for 19 vehicles.

 

Specifically, the amended development comprises the following:

 

Basement

19 carparking spaces

Storage areas

Garbage room

Bicycle parking area

Lift, lobby & stair access

 

Ground Level / Level 1

Main central entrance and lift lobby to Boronia Street

1 x 3 bedroom dwelling

2 x 2 bedroom dwelling

1 x 1 bedroom dwelling

 

Level 2

1 x 3 bedroom dwelling

2 x 2 bedroom dwelling

1 x 1 bedroom dwelling

 

Level 3

1 x 3 bedroom dwelling

2 x 2 bedroom dwelling

1 x 1 bedroom dwelling

 

Level 4

1 x 3 bedroom dwelling

1 x 2 bedroom dwelling

 

Access to the basement carpark is provided via a driveway linked to Boronia Street in the southern section of the subject site. Pedestrian access is proposed from Boronia Street in the centre of the allotment.

 

3.      The subject site and surrounding area

 

The subject site is located on the western side of Boronia Street, north of the Boronia Street and Duke Street intersection. The subject site is L-shaped as it comprises 3 adjoining and combined sites:

 

No. 66 Boronia Street being Sec 4 DP 4092 previously contained a detached dwelling house which has since been demolished. It has a frontage to Boronia Street of approximately 13.3m, and a depth of approximately 45.265m, and a total site area of 603.2 sqm.

 

No. 68 Boronia Street being Lot 1 DP 300055 previously contained a semi-detached dwelling which has been demolished. It has a frontage to Boronia Street of approximately 7.3m, and a depth of approximately 30.48m, and a total site area of 223.3 sqm.

 

No. 70 Boronia Street being lot 1 DP 300010 previously contained a semi-detached dwelling which has been demolished. It has a frontage to Boronia Street of approximately 7.3m, and a depth of approximately 30.48m, and a total site area of 223.3 sqm.

 

Subject site: Aerial view

The overall site area of the three properties is 1053.8 sqm with an overall

fall of approximately 1.4m north to south.

 

The subject site at 66-70 Boronia Street with the previous dwelling houses that have

now been demolished. (Note: no overhead power cables and power poles exist

on this side of Boronia Street)

 

Development in the locality is predominantly comprised of a variety of medium to high density residential uses as described below.

 

To the north:

A four storey brick and pitched tiled roof residential flat building with ground floor garages at No. 64 Boronia Street.

 

To the east:

Across Boronia Street are the rear elevations of the retail and commercial properties fronting Anzac Parade with rear open carparking area fenced off from Boronia Street by a brick wall.

 

To the south :

The rear elevation of two semi-detached dwellings fronting Duke Street at Nos. 9 & 9A and 11 & 11A. Further to the south of the deeper allotment of the subject site (ie., No 66 Boronia Street) is a 4 storey brick and tile residential flat building with ground level garages at No. 15-21 Duke Street.

 

To the west :

To the west of the deeper allotment of the subject site (ie., No 66 Boronia Street) is a 4 storey brick and tiled residential flat building at No. 25-27 Kensington Road.

 

No.9 & 9A Duke Street adjoining to the south of subject site.

 

No. 11 & 11A duke Street adjoining to the south of subject site

 

No. 15-21 Duke Street adjoining the subject site to the south.

 

 No. 64 Boronia Street directly adjoining the subject site to the north.

 

 

 

No.25-27 Kensington Road, adjoining the subject site to the west (right) and No. 15-21 Duke Street to the south (left).

 

Rear elevations of the retail and commercial properties fronting Anzac Parade with rear open carparking off from Boronia Street

 

4.      Site History

 

DA 894/2008 for was previously approved by the Planning Committee on the 13 October 2009.

 

A prelodgement application was lodged for amendments to the approved scheme for which a prelodgement meeting was held on 3 September 2008.

 

The current application was referred to the Design Review Panel in September 2010 and the Panels comments are discussed in Section 10 below.

 

The current application was lodged with Council on 12 July 2010 and, as indicated in the executive summary above, amendments to the proposal have been undertaken by the applicant in response to overshadowing, carpark and tree issues resulting in a final set of plans dated received by Council on 4 and 26 November 2010.

 

5.      State Environmental Planning Policy No 1 Objections

 

Clause 20F  Floor space ratios

The proposal seeks to vary a development standard contained with Randwick Local Environmental Plan 1998 being Clause 20F - Floor Space Ratio.

 

A maximum FSR standard of 0.9:1 (max 948.42 sqm) is applicable to the subject site pursuant to Clause 20F of the Randwick Local Environmental Plan 1998. The proposed multi-unit housing development will result in an FSR of 1.21:1 (max 1277.32 sqm).

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with Clause 20F of Randwick LEP is unreasonable and unnecessary. Principles for assessing SEPP 1 Objections have been established in the NSW Land and Environment Court case, Wehbe v Pittwater Council [2007] NSWLEC 827. 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. The principles established in Wehbe v Pittwater Council are addressed in the assessment of the applicant’s current SEPP 1 Objection:

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 maximum FSR standard as outlined in the LEP is:

 

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

 

The applicant has submitted the following arguments in support of the SEPP1 Objection:

 

 

 

It is considered that the proposal is satisfactory and compliance with the development standard is unreasonable and unnecessary for the following reasons:

 

1.     It will promote the redevelopment of the subject site for multi-unit residential development as envisaged in the Multi-unit Housing DCP for infill development within a predominantly Type 5/Type 6 streetscape. The existing Residential 2C zone surrounding the subject site is predominantly characterised by medium to high density development such that the proposed development will be consistent and not out of scale with these developments in the zone. The subject site is adjoined by four storey residential flat buildings on the northern and western sides. As such, the redevelopment of the subject site in the current form proposed will be compatible with this predominant local form, height and style, which is the planned future character for the area. Additionally, as noted in Section 10.3.2.1 below, the proposal will be lower in height than the existing adjoining northern residential flat building at No. 64 Boronia Street (which is a 4-storey flat building with a high pitched roof).

3.     It will contribute towards the implementation of the Multi-unit Housing DCP site planning objectives in that local conditions, constraints and opportunities have been taken into account in the proposal’s design; the proposal responds to the topography of the site and its surrounds competently; and the proposal has sought to minimise any potential negative impact to adjoining development especially in amendments that have increased the setback of the upper floor addition and provided for a sloping roof essentially making the new proposed Unit 13 smaller and lower to eliminate any additional overshadowing impacts on adjoining southern properties. The proposal has also made adjustment to the basement carpark to preserve adjoining trees.  

4.     The proposed non-compliance does not result in any inconsistencies with the objectives of the 2C zone in which the site is located as it will contribute towards the variety of housing types in the area (reflected in part in the apartment mix under the current DA) and enable residential development of medium density form where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development in the area.

5.     The proposed development will also result in an improved urban environment, ensuring an orderly and economic use of land for urban consolidation in the subject site with minimal adverse environmental and amenity impacts on neighbouring uses and locating these in close proximity to public transport, regional centres and services.

6.     The excess floor area forming the additional units will be suitably distributed throughout the upper floor to ensure no additional amenity impacts on adjoining properties beyond that already assessed and determined under the original approved DA.

7.     The proposal has improved the overall development by increasing the southern side set back and reducing the overall external wall height of the originally approved development.

 

Matter 2

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

 

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

 

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

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

 

The variation from the FSR control is consistent with the aims of the SEPP No.1 because it would not detract from the objects of the Act under Section 5 (a) (i) and (ii) in that the resultant development would promote the orderly use and development of the subject land because

 

·      it will have a height, bulk and scale that will not detract from the predominant existing character of its specific location containing predominantly medium to high density residential development typically older style residential flat buildings, 1970’s three to four storey walk-ups and large duplexes. 

 

·      it will create additional floor area that will not negatively impact upon the amenity of adjoining and surrounding uses  in terms of privacy, solar access, views and visual bulk and scale 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”.

 

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 be necessary, in this case, for maintaining the low to medium density housing forms in the locality, including dwelling houses and semi-detached housing in the vicinity of The Spot business centre, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary for the proposal to  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:

Compliance would, in this case, be unreasonable as the underlying objectives of the standard is achieve.

 

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 maximum 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 Residential 2C zoning is not considered to be inappropriate for the locality, which is characterised by medium to high density residential development. 

 

Clause 20G  Building Heights

The proposal seeks to vary a development standard contained within RLEP 1998 (Consolidation). A SEPP 1 objection has been submitted to Council.

 

Pursuant to Clause 20G of RLEP 1998, the maximum external wall height of a building, other than a dwelling house, within Zone No 2C is 10m. The proposal has a maximum building and external wall height of 11.65m.

 

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

 

Matter 1

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

 

·      Comments:

The stated purpose of the building and wall height standard as outlined in the LEP is:

 

To operate together with the controls for the 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 the following arguments in support of the SEPP1 Objection:

 

It is considered that the proposal is satisfactory and compliance with the development standard is unreasonable and unnecessary for the following reasons:

 

1.     The proposal will maintain the redevelopment of the subject site for multi-unit residential development as envisaged in the Multi-unit Housing DCP for infill development within a predominantly Type 5/Type 6 streetscape to the extent that it will increase the supply of dwelling units in this zone by the addition of one dwelling unit.

2.     The design of the proposed addition is based on recessed walls from the main side building lines including an increased setback to the southern side boundary that assists in making the addition less intrusive and bulky when viewed from on adjoining streets and properties. As such, the proposed addition has adequately taken into account the nature of “local conditions, constraints and opportunities … and responds to the topography of the site and its surrounds” (page 26 of the DCP – Multi-unit Housing) such that the breach in the external wall height standard has been confined to a section of the overall building being the roof area to lessen its visual impact and to minimise any potential negative impact to adjoining development.

3.     In addition to increasing the setback of the upper floor addition, the amended proposal has also provided for a sloping roof to the southern section of the upper floor unit No. 13 such that there will be no additional overshadowing on adjoining southern properties beyond that already generated by the original approved development. Additionally, the proposal performs adequately in relation to maintaining privacy for all adjoining properties as indicated in Section 10 below.

4.     Despite the non-compliances with the height standards, the proposal does not result in any inconsistencies with the objectives of the 2C zone in which the site is located as it will contribute towards the variety of housing types in the area and enable residential development of high density form where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development in the area.

5.     The proposed development will also result in an improved urban environment, ensuring an orderly and economic use of land for urban consolidation in the subject site with minimal adverse environmental and amenity impacts on neighbouring uses and locating these in close proximity to public transport, regional centres and services.

6.     The proposed addition will comply with the maximum 12m building height standard of the Randwick LEP 1998.

 

 

In conclusion, the proposal has adequately addressed the consistency of the proposed development with the underlying and stated purposes of the standard and the local planning objectives for the locality and objectives of the Act. The SEPP 1 objection has been provided that appropriately justifies that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case.

 

Matter 2

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

 

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

 

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

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

 

The variation from the external wall height control is consistent with the aims of the SEPP No.1 because it would not detract from the objects of the Act under Section 5 (a) (i) and (ii) in that the resultant development would promote the orderly use and development of the subject land because

 

·      it will have a height, bulk and scale that will consistent with other development in the street and will be compliant with the maximum building height control in the Randwick LEP

·      it will create additional external wall height that will not negatively impact upon the amenity of adjoining and surrounding uses in terms of privacy, solar access, views and visual bulk and scale 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”.

 

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 be necessary, in this case, as the proposal is not expected to compromise the amenity of surrounding residential areas and will be compatible with the dominant medium to high density character of existing development.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary for the proposal to  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:

Compliance would, in this case, be unreasonable as the underlying objectives of the standard is achieve.

 

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 maximum external wall height 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 Residential 2B zoning is not considered to be inappropriate for the locality, which is characterised by low to medium density residential development. 

 

6.      Community Consultation

 

The original proposal was notified and advertised from 4 August 2010 to 18 August 2010 in accordance with the DCP – Public Notification. In response, 5 objections were received as listed in Section 5.1 below.

 

The amended proposal was not required to be renotified for the following reasons:

 

·      The amendments primarily address relevant concerns raised by objectors relating to loss of sunlight and visual bulk and scale such that the amended proposal will now result in no additional overshadowing to the objector’s properties beyond that already generated by the original approved development  

 

·      The amendments primarily have improved the proposed development in terms of its urban design and presentation to the streetscape.

 

·      The amendments also improve the overall configuration of the proposed building by increasing the setback of the overall building from the southern and western boundaries.

 

The following submissions were received in relation to the original application:

 

1.     Resident of 9a Duke Street, Kensington

2.     Residents of 9 Duke Street, Kensington

3.     Residents of 11 Duke Street, Kensington

4.     Owner of dwelling unit in 15-21 Duke Street, Kensington

 

The following issues were raised in the submissions and are addressed by planning comments below and where relevant in the Environmental Assessment Section of the report (Section 11):

 

Overshadowing to rear yards and north-facing walls of Nos. 9, 9a, 11 and 11a Duke Street

 

Shadow diagrams are incorrect

 

Comment: The applicant has made corrections to the shadow diagrams for the current amended proposal that have been checked and verified by a solar expert, Dr Steve King, indicating that the proposal will not create any additional overshadowing at any time of the day throughout the year. In summary, there will be no increase in overshadowing from the proposed development beyond that generated by the original approved development.

 

Location of new fire stairs and door on ground level compromises privacy of No. 9A Duke Street.

 

Comment: The fire door and staircase will be located 12m from the wall of No 9 Duke Street in an alcove so that overlooking from this area into No. 9 Duke Street will be screened by the separation distance. The landscape plan for the proposal shows that a line of Brush Cherry capable of growing to a mature height of max 4m will be planted on the boundary between the proposed southern pedestrian footpath and the rear yards of the adjoining Duke Street properties. However, there is a section of the pedestrian footpath immediately in front of the fire door and stairway that will be built up to the boundary such that there will be a gap in the line of Brush Cherry  potentially allowing  overlooking into the rear yard of No. 9 Duke Street. In view of this, as requested by the objectors’ in Duke Street in the assessment of the previous DA (DA/894/2008), a condition will be applied requiring the applicant to erect a 2m high solid fence along the common boundary to further minimise privacy loss. Additionally, this common fence will be required to be 2.3m high for the length of the common boundary with No. 9A Duke Street where there will be a gap in screen planting. 

 

Loss of privacy/overlooking.

 

Loss of existing common boundary fence/wall with No. 15-21 Duke Street

 

Comment : Loss of privacy issues are assessed in Section 10.3.2.2 below and where appropriate conditions of consent to protect privacy of adjoining/surrounding properties will be applied, specifically, the installation of privacy screens on relevant edges of balconies linked to living rooms. The majority of window openings facing the adjoining properties on Duke Street are linked to bedrooms. Openings linked to bedrooms are not considered to be significant sources of overlooking as bedrooms are not considered to be areas of high traffic and therefore are not anticipated to be conducive to, nor result in, unreasonable overlooking and loss of privacy to adjoining properties. Some remaining windows facing the southern adjoining properties are linked to kitchens. However, no overlooking will occur from these kitchen windows as they will be high sill windows.

 

Concern also has been raised from residents in Duke Street regarding loss of privacy from the podium allocated as private open space to ground level dwelling units on the southern side of the development. The landscape plan for the proposal shows that a line of Brush Cherry capable of growing to a mature height of max 4m will be planted in deep soil immediately at the edge of the southern open space podium. This landscaping will adequately screen any potential overlooking into the rear yards of the Duke Street properties. Notwithstanding this, and as requested by the objectors’ in Duke Street in the assessment of the previous DA (DA/894/2008) a condition will be applied requiring the applicant to erect a 2m high solid fence along the common boundary to further minimise privacy loss. Additionally, this common fence will be required to be 2.3m high for the length of the common boundary with No. 9A Duke Street where there will be a gap in screen planting. 

 

A condition will be applied requiring the proposed bathroom windows facing the residential flat building be of opaque glass to facilitate privacy.

 

The existing wall between No. 15-21 Duke Street and the subject site has since been demolished. The applicant advises that the wall will be replaced by a retaining wall holding the new proposed perimeter planter beds along the common boundary. This new wall will adequately provide privacy to adjoining properties given the proposed height and the depth of the planter beds.

 

Loss of privacy from the use of south facing terrace area by Unit 2

 

The objectors on Duke Street have raised a concern that the proposed direct access from bedrooms 1 and 2 of Unit 2 and bedroom 1 of Unit 1 onto the south facing terrace adjoining this unit will compromise their privacy. A condition requiring the proposed sliding doors to these bedrooms to be replaced by windows will be applied should approval be granted.   

 

Location of driveway and fire door results in noise and vehicle exhaust fumes 

 

Comment: The location of the driveway has already been approved at the site under the previous DA, and the current DA does not propose any material changes to the approved driveway design other than to ensure compliance with Council’s engineering requirements on its width and gradient. Furthermore, the applicant advises that, approved location is the most appropriate from a design perspective, as it allows simple access and downward gradients into the basement parking level, given the topography of Boronia Street, which slopes upwards to the north. Appropriate conditions relating to ventilation of the carpark shall be applied to ensure compliance with relevant Australian Standards and minimal environmental impact on adjoining properties.

 

Details of the location and height of mechanical ventilation and exhaust systems will be required to be submitted prior to issue of construction certificate which will be required to satisfy the relevant provisions of the Building Code of Australia and AS 1668. Notwithstanding this, it is considered that any exhaust fumes emitted from the proposed carpark would be negligible in view of the large separation distance available between the proposed development and adjoining residential properties and given the nature of the carpark use, that is, for cars to be parked with engines off for extended periods. The proposed condition will require that any proposed exhaust outlet be located sufficiently away from adjoining residential properties with details of the location and height of all proposed mechanical ventilation and exhaust systems to be provided prior to construction certification.

 

Impact of stormwater run-off on adjoining properties.

 

Comment: Appropriate conditions requiring the applicant to provide for adequate on-site detention and pump out measures prior to issue of construction certificate will be applied.

 


Proposal will over-use existing sewerage lines crossing Duke Street properties

 

Comment: Council’s e-view indicates that there is an existing sewer main running north south to the rear and currently serving the existing property at No 66 Boronia Street. Access to this existing rear sewer main for the new proposed development may be gained subject to Sydney Water requirements. Accordingly, sewer connections will be a matter for the applicant to liaise with Sydney Water.

 

Structural damage to adjoining properties due to demolition, excavation and construction work

 

Comment: Appropriate conditions requiring excavation works to be properly guarded and supported to prevent them from being dangerous to life, property and buildings will be applied should approval be granted. Additionally, a condition requiring dilapidation reports to be prepared for adjoining properties will be applied should approval be granted. Moreover, silt fencing and sediment control measures as required by condition of consent will be applied.

 

Security during construction due to proximity of subject site to rear yards of adjoining Duke Street properties.

 

Comment: A condition will be applied requiring the construction of an appropriate temporary fence to prevent access into the rear yards of adjoining properties.

 

Noise from basement pump and garage doors

 

Comment: The operation of these plant and machinery will be subject to conditions requiring  The proposed use of the premises and the operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

7.      Technical Officers Comments

 

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

 

7.1    Development Engineering Comments

Council’s Development Engineer advises as follows:

 

“Another amended application has been received for the construction of a residential flat building at the above site containing 14 units with basement parking for 19 vehicles (3x1 bedroom, 7x2 bedroom & 4x3 bedroom) including associated Strata Subdivision.

 

Landscape Comments

The most recent Engineering Report for this site, dated 20 October 2010, stated that, along with driveway grade issues, this application could not be supported as particular requirements relating to the preservation of a Cooks Pine towards the northeast corner of the subject site, as well as a Gum Tree on the neighbouring property at 11 Duke Street, close to the common boundary, had not been adhered to, with works shown as encroaching into the previously specified exclusion zones of both trees.

 

In response to these comments, the plans have been amended again, with this current submission showing that the proposed detention tank has been re-designed to provide a 3.5 metre clearance off the Cooks Pine, with relevant conditions for this tree now able to be included in this report.

 

Further, Council had required that the southern basement wall be setback a distance of 3 metres off the southern site boundary, adjacent the trunk of the neighbouring Gum Tree, and while these plans have not addressed this issue, additional information in the form of an Arborist Report has been submitted, and details that exploratory trenching was performed within the site, at the location of the proposed basement wall, which is a distance of 1.9 metres off its trunk, and measured 1.2m in width and 4 metres in length, where an absence of any major roots were encountered.

 

On this basis, the Report has recommended that the southern basement be constructed as shown, and while this will encroach into the trees calculated Structural Root Zone of 2.3m (hence the original 3m setback), this disturbance will only be one side of its root plate, with site specific protection measures deemed sufficient to ensure its preservation and prevent any negative impact on its health and stability.

 

These recommendations are consistent with industry standards and guidelines, as the majority (approximately 90%) of root material is found within the top metre or so of a soil profile, and while this trench did not reveal any structural roots or a large volume of smaller feeder roots, both the Report’s recommendations, together with additional measures imposed by Council, have been included as conditions in this report.

 

Drainage Comments

On site stormwater detention is required for this development.

 

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

 

Traffic Comments

 

Parking Layout - Minor amended to garbage room design prior to issuing of CC

It is also noted that car space No’s 13 & 14 are located adjacent to a wall and at the end of the aisle and thus need the manoeuvring bay to demonstrate satisfactory turning paths.

 

Car space No 17 has the garbage room wall adjacent to it and is considered to be enclosed and thus needs to have a width of the 2.70m to comply with AS/NZS 2890:1.2004. Development Engineering has included a condition to amend the design of the garbage room so as to allow car space No 17 to comply with AS/NZS 2890.1:2004. 

 

Internal Driveway Issue – Minor amended driveway grades prior to issuing of CC

Submitted plans show the driveway opening at the site frontage being 5.50m wide and the internal driveway narrowing into a clear width of only 4.00m at 6.00m inside the property which is satisfactory provided the driveway grade does not exceed 1:20 for the first 6.00m inside the site. Development Engineering has included a condition in this report which requires amendments to the driveway grades as a 1:20 grades is only shown for the first 4.00m inside the site and not the require 6.00m inside the site.

 


Parking Issues

3 x 1 bedroom units = 1 space per 1 bedroom unit = 3 x 1 = 3 spaces.

7 x 2 bedroom units = 1.2 spaces per 2 bedroom unit = 7 x 1.2 = 8.4 spaces.

4 x 3 bedroom units = 1.5 spaces per 3 bedroom unit = 4 x 1.5 = 6.0 spaces.

Visitor Parking = 1 space per 4 dwellings = 14 units x 0.25 = 3.5 spaces.

 

Total Spaces Required 21 spaces (19 provided) - The proposed development is short 2 car spaces and car space No 17 does not comply with AS/NZS 2890.1:2004.

 

The proposed tandem car spaces are to be allocated to the 3 bedroom units.

 

Development Engineering has previously allowed the deletion of 1 visitor space due to the basement carpark needing to be setback from the southern side boundary to ensure retention of the large Eucalyptus punctata (Grey Gum), which is located within the adjoining private property to the south, 11 Duke Street, close to the common boundary.

 

Service Authority Comments

At the Health, Building and Planning Committee meeting on 8 November 2005, it was resolved on the motion of Councillors Nash and Belelli that:

 

(a)    the applicants of development applications be required to meet all costs associated with replacing overhead wires with underground cables in the vicinity of the development site when the cost of works on the site exceeds $2 million;

 

(b)    the applicants of development applications be required to meet all costs associated with replacing overhead wires with Aerial Bundled Cables in the vicinity of the development site, when the cost of works on the site exceeds $1 million up to $2 million; and

 

(c)    the Director, City Planning investigate the feasibility of funding the undergrounding of existing overhead cables for new development under the new options provided for in the Environmental Planning & Assessment Act (Developer Contributions) Act 2005.

 

A site inspection has revealed there are no overhead wires along the site frontage which require the undergrounding of cables in the vicinity of the development site.

 

Should the application be approved the following conditions shall apply:”

 

7.2    Building Services Comments

The Manager of Environmental Health and Building Services advises that no objections are raised to the proposal in relation to building issues subject to conditions.

 

7.3    Environmental Health Comments

The Manager of Environmental Health and Building Services advises that no objections are raised to the proposal in relation to environmental health issues subject to conditions.

 

8.      Relevant Environmental Planning Instruments

 

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

 


8.1         Randwick Local Environmental Plan 1998

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

 

The following Clauses of the RLEP also apply to the proposal:

 

Residential

Clause No.

Requirement

Provided

Compliance

 - Landscaped Area

50% of site area (or 526.9m2)

59% or 616.39

m2

Yes

 – Landscaped Area over Basement

Less than 50% of landscape  area requirement

(max 263.45m2)

42% or  222.87 sqm

Yes

20F - FSR

0.9:1 (948.42m2)

1.21:1 (1277.32 m2  increase of 328.9 m)

No (SEPP 1 Objection)

20G – Building Height

Max 12m

Max 11.65m

Yes

20G – External Wall Height

Max 10m

Max 11.65m mid section northern side

(increase in height by 1.65m)

No (SEPP 1 Objection)

Other Clauses

Effect

Applies

Comment

43

Heritage Item or Conservation Area

No

NA

46

Vicinity of Heritage Item

No

NA

 

The following relevant clauses also apply to the proposal (and are addressed in detail in Section 11.1 below):

 

Clause 40        Earthworks

8.2    Relevant State Environmental Planning Policies

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

 

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

 

The application of the above policy to the proposal is addressed in Section 11.1 below.

 

9.         Policy controls

 

The following Development Control Plans are applicable in the subject site:

 

·      Development Control Plan – Multi-unit housing

·      Development Control Plan - Parking

 

The application of these DCPs is addressed in Section 10.2 below.

 

The following policy is also applicable to the proposed development:

 

·      Randwick City Council Section 94A Development Contributions Plan, effective from 2 July 2007

 

10.    Environmental assessment

 

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

 

10.1  Statutory Controls – S79C(1)(a)

 

10.1.1       Randwick LEP 1998

Clause 9 – Objectives

Clause 9 of RLEP 1998 requires Council to consider the aims of the LEP and Zone objectives prior to determining any DA on land to which the RLEP applies. The proposal will create a new multi-unit housing development on the subject site which is consistent with the Residential 2C zone. In this regard the proposal will not compromise the aims of the LEP in relation to aesthetic character, environmental qualities and social amenity of the locality and provide for a commercial restaurant use that does not compromise the amenity of the residential area, consistent with the zone objectives.

 

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

The objectives of the zone 2C that are relevant to the proposed development are:

 

·      To provide for a medium density residential environment and

·      maintain the desirable attributes of established residential areas, and

·      To protect the amenity of existing residents

·      To encourage housing affordability

 

The proposal will support the provision of a medium density residential environment as befitting the existing character of the area. As assessed in the next section below, the proposed use and associated works will not result in any significant adverse impacts on the amenity of the immediately surrounding properties nor will it detract from the aesthetic character, environmental qualities and social amenity of the subject site and the locality.

 

Clause 40           Earthworks

Clause 40 of the RLEP contains provisions for undertaking of excavation and filling of land. The proposal will require earthworks to be undertaken to construct foundations and basement carpark for the building. The works are required to make the site functional for the proposed development but will not result in any detrimental impact on the topography of the site; is unlikely to interrupt the drainage patterns of the site or result in soil instability; and will not adversely impact upon the scenic quality of the site and locality subject to appropriate drainage and building conditions should approval be granted. Accordingly, the proposal is acceptable in relation to the provisions of Clause 40.

 

10.1.2             State Environmental Planning Policy 65 – Design Quality of Residential Flat Development (SEPP 65)

The proposal is subject to the provisions of State Environmental Planning Policy No. 65 (SEPP 65) – Design Quality of Residential Flat Buildings. The application has been considered by Council’s Design Review Panel. The Panel’s comments are addressed in section 10.3.2.1 below.

 


10.2  Policy Controls– Section 79C(1)(a)

 

10.2.1                 DCP – Multi-unit Housing

The table below assesses the proposal against the Preferred Solutions of the DCP – Multi-unit housing, and where variations occur, assessment is made against the relevant Objectives and Performance Requirements. 

 

Performance requirements

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

Site analysis plan provided

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.

Combined frontage of approximately 27.9 m to Boronia Street.

P3 Development on corner sites responds to both street frontages.

 

Not applicable

Height

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

 

SEPP 1 Objection for non-compliance with wall height control has been assessed (see relevant Section  above) and found acceptable. Location and orientation of the proposed building will not cause substantial adverse impacts on streetscape or adjoining properties.

P2 Variations in massing and height create visual interest, distribute the bulk of the buildin0.

g and minimise amenity impacts on the streetscape and adjoining properties.

 

The additional floor area on the roof top has been designed to ensure no additional overshadowing and overlooking impacts on adjoining properties while creating adequate visual interest in terms of articulation and façade treatment to the streetscape and adjoining properties.

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

Front setback of max 5m (to glass-line) will be consistent with setback of adjoining building at No. 64 Boronia Street.

P2  Side boundary setbacks

Side setbacks to ensure:

·    Solar access maintained and overshadowing minimised.

·    Privacy between adjoining dwellings and open spaces.

·    Landscaping and private open space provided.

·    Streetscape amenity is maintained.

S2  Zone 2c

o     No part closer than 3.5 metres.

o     Minimum average setback 5 metres.

o     Maximum length of wall without articulation is 10 metres.

o     Minimum length of any step is 3 metres.

North & South

o     Yes – no part of glass line is closer than 3.5m from side boundaries.

o     Yes – approx 5m and 6m average for northern and southern side respectively

o     Yes – no wall without articulation more than 10m (max) length 

o     Yes – approx 1.5m (min) step

 

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.

 

West

o     Yes – 8.4m (closest part)

o     Yes – 8m (min) average

o     Yes – no wall without articulation more than 10m (max) length 

 

P4  General

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

 

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

No adverse impacts on adjoining properties arising from eaves, window hoods and other sun-shading or weather protection

Density

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

 

The bulk and scale of the proposed building when viewed from adjoining public spaces, streetscape and private properties is visually compatible with existing 4 storey RFBs in adjoining and surrounding properties.

 

Fences

P1  Fences to be/have:

·      consistent with streetscape;

·      Entrances highlighted; and

·      Planting used to soften and provide privacy.

S1 Solid front fences no higher than 1.2 metres. May increase to 1.8 metres when 50 % transparent.

 

N/A - No solid fence to Boronia Street proposed.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1 Minimum dimension for landscaped area 2 metres.

Yes - landscaped areas are sufficiently sized.

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

 

Yes – While the Preferred Solution (S1) of minimum dimension for landscaped area of 2 metres has been met, a condition will be applied requiring all rear landscaped areas to be made into a communal space for all future residents of the proposed development to avoid any potential whole scale privatisation/appropriation of this space to the ground floor units.  

P3  Private Open Space

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

 

Yes – private open space in the form of courtyard terraces for dwelling units is provided.

P4 Private open space in front of the building only where setback and fence design sympathetic.

 

N.A. - no dwelling units with private open space to street front proposed.

 

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.

N/A

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.

Ground floor apartment will have ground level open space while apartments above will be provided with terraces/balconies.

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.

Yes (see Section 10.3.2.2 below)

 

P2 Private open space design and location ensure privacy.

 

Yes

P3  Acoustic Privacy

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

 

Yes

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Australia (BCA).

Required to comply with BCA

View Sharing

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

 

Yes (see Section 10.3.2.2 below)

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

 

As above

P3 Buildings are aligned to maximise view corridors between buildings.

 

N/A

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties.

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

 

Yes (see Section 10.3.2.2 below)

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

 

N/A

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.

 

The current amended scheme will not increase overshadowing beyond that already generated under the original approved proposal (DA/894/2008). Under the original approved scheme, overshadowing on the adjoining southern properties at Nos. 9, 9A, 11 and 11A Duke Street would occur to less the than the minimum 3 hours winter solar access required under the DCP – Multi-unit Housing was unavoidable. As assessed under the original scheme, refusal of the development application on the grounds of overshadowing was not considered warranted as the overshadowing occurred due to the northern position of the subject site, its orientation and topography rather than an inappropriate building design; the proposed development has a compliant setback from the common side southern boundary to these Duke Street properties; the additional shadows casted by the proposed building was not predominantly caused by the section of the building that exceeds the maximum wall height standard of the RLEP; a fully compliant scheme on the site would still result in loss of solar access to the Duke Street properties to less the than the required minimum 3 hours winter solar access under the DCP.

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.

 

The current amended scheme will not increase overshadowing beyond that already generated under the original approved proposal (DA/894/2008). Under the original approved scheme, overshadowing on the rear yards of the adjoining southern properties at Nos. 9, 9A, 11 and 11A Duke Street would occur to less the than the minimum 3 hours required over at least 50% of outdoor open space under the DCP – Multi-unit Housing will be unavoidable. As assessed under the original scheme, refusal of the development application on the grounds of overshadowing was not considered warranted as the overshadowing occurred due to the northern position of the subject site, its orientation and topography rather than an inappropriate building design; the proposed development had a compliant setback from the common side southern boundary to these Duke Street properties; the additional shadows casted by the proposed building was not predominantly caused by the section of the building that exceeds the maximum wall height standard of the RLEP; a fully compliant scheme on the site would still result in loss of solar access to the Duke Street properties to less the than the required minimum 3 hours winter solar access under the DCP.

Yes (see Section 11.3.2.2 below)

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

·      Living areas are orientated to the north.

·      Larger windows are located on the north.

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

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

Proposal achieves compliance with BASIX targets (see Section 11.3.2.4 below).

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.

N/A – solar collectors not proposed

Safety and Security

P1 Design allows surveillance.

 

Yes

P2 Approaches and entries are visible.

 

Yes

P3 High walls and structures avoided.

 

 

Yes

P4 Resident car parking has security grilles or doors.

 

 

Yes in that overall carpark will be secured by roller door entry.

P5 Visitor parking spaces clearly identifiable.

 

 

Yes by condition

P6 Adequate lighting for personal safety and security provided.

 

 

Yes by condition

P7 Adequate lighting is provided in common areas.

 

Yes by condition

P8 External lighting does create a nuisance.

 

 

Yes by condition

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

See Section 11.2.2 below.

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

 

Yes – all carparking in basement.

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

 

Condition to be applied for compliance.

P3 Secure storage for bicycles is provided.

 

Yes on basement level

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

Yes

P2 Vehicles enter/ leave in a forward direction.

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

Yes

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

S3 Long driveways provide passing bays.

Yes, the proposal will not have a long gun-barrel driveway.

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

 

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

Yes.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

Yes

P6 Driveway gradients safe.

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

 

Yes by condition to comply with Australian Standard

Storage

P1 Accessible and separate storage for each dwelling.

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

Yes – Accessible and separate storage for each dwelling provided in basement.

Barrier-free access

 

 

Access for people with a disability is provided to and within one dwelling at the following rate:

0-14 dwellings     0

15-29 dwellings   1

30-44 dwellings   2

45-60 dwellings   3

and so on.

 

N/A as only 14 dwellings are proposed.

Utilities/Site Facilities: subject to  appropriate conditions of consent

Waste Minimisation and Management

P1 Waste collection and separation facilities for each dwelling.

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

Yes by condition

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

 

Yes – centralised garbage storage area provided at basement level.

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

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

Waste facility provided in basement level therefore not visible from street.   

 

The assessment in the table above indicates that the proposal would comply with all the provisions of the DCP – Multi-unit housing with the exception of the wall height control which has been addressed in the assessment of the SEPP No. 1 Objection in Section 11.1 above. 

 


10.2.2                 DCP – Parking

 

Compliance with DCP – Parking

Use

Requirement (dcp – parking)

Proposed number and/or floor area

Required provision

Proposed provision

 

1 space per one bedroom dwelling

3 x one bedroom dwellings

3 spaces

 

 

19 carspaces

 

1.2 spaces per two bedroom dwelling

7 x two bedroom dwellings

8.4 spaces

 

1.5 spaces per three bedroom dwellings

4 x three bedroom dwellings proposed

6 spaces

 

Visitor:

1 space per 4 units

Total dwellings = 14

3.5 spaces

TOTAL

 

 

20.9 spaces

19 spaces

 

The proposal will have a shortfall of 2 carparking spaces and is considered acceptable for the following reasons:

 

·      The previous proposal had a shortfall of 1 carparking space due to the need to increase the setback of the basement carpark from the southern boundary in order to provide adequate protection to an existing Grey Gum tree in the rear yard of the adjoining property at No 11 Duke Street. As such, the shortfall in the current proposal is effectively 1 space given that the basement carpark has been designed to still ensure preservation of the existing tree in No 11 Duke Street.

 

·      The shortfall is minor and will not result in significant additional parking demand in the area.

 

·      The proposed development is located close to Anzac Parade which is a major thoroughfare well served by public buses linking the subject site to the Sydney CBD, local and regional centres.

 

·      There is adequate on-street carparking available given the existing restrictions applicable to parking on Boronia Street and surrounding local streets.

 

10.2.3                 Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost more than $200,000

$3,737,316

1%

$37,373.16

 

10.3           Likely impact of the development - S79C(1)(b)

 

10.3.1        Natural Environmental Impacts

The subject site until recently contained existing residential buildings and associated external paved/slab areas within an existing built-up area in Kensington.  As such, there are no threatened species, populations or ecological communities or habitats that would be affected by the proposed development either within, or in the vicinity of, the development site.

 

10.3.2        Built Environmental Impacts

 

10.3.2.1    Urban Design

The addition of dwellings units on the top floor will provide for a more balanced design and elevation to Boronia Street compared with the previous lop-sided part 3 and part 4 presentation to Boronia Street. More importantly, the reduction in height of the proposed development and the increased setback from the side an rear boundaries will provide for solid but restrained edge to this street. Additionally, the alteration and addition will accentuate a visually definable base, middle and top for the proposed building when viewed from Boronia Street.

 

The façade treatment will maintain be rendered masonry external walls with select paint and textured finish, combined with select face-brick elements, will provide a modern contemporary building to Boronia Street. This façade treatment will reduce the apparent scale of the proposed building and respond to the buildings use and contextual character including articulation and modulation that breaks the visual bulk of the building form.

 

The immediate adjoining property to the north of the proposed development is an existing four storey residential flat building (at No. 64 Boronia Street) with a high pitched-roof. The proposal will be lower in height than this adjoining residential flat building such that, visually, the proposal will not be visually intrusive or overbearing in the streetscape. 

 

The current proposal has been referred to the Design Review Panel in September 2010, having reviewed the original proposal in April 2009. The Panel’s latest comments are listed in italics below (with Council’s comments in bold wherever necessary):

 

“The Panel has previously reviewed this application at pre-DA and DA stages on seven occasions, most recently on the 6th June 2010. The initial DA was approved, and a new architect has proposed internal changes, an enlarged basement, and a partial 4th storey, all of which necessitate this Section 96 Application. At previous meetings, the Panel raised a number of concerns, which the architect has sought to address.

 

The Panel considers that the current scheme is superior to all previous versions, and well satisfies SEPP 65. Underlined comments below report on the status of the design, at the beginning of each of the 10 Design Quality Principles.

 

The Panel now considers that the all the points listed below have now been satisfactorily considered.

 

Context / Streetscape

 

-           The building has been bought closer to the street boundary (around 4m – being the average between the two neighbouring sites). The applicant has noted the trees to be retained however this only affects a portion of the front boundary.

 

-           The building form has now been split into two volumes, which present as balanced elements. The northern wing aligns to the northern neighbour, while the southern wing steps forward, in anticipation of a future apartment building on the corner site. The Panel considers that this is the best streetscape outcome.

 

Built Form / Massing

 

-           The entry sequence has improved, with greater generosity, and ease of access to units and the outdoor areas. The glazing line at the front door should preferably match that above, thus creating a covered porch within the slot on the street façade. The clear view through the building to the rear garden has now provided, with adequate width. All the above now seamlessly integrate into a welcoming entry sequence, with sunlit and airy galleries on the upper levels.

 

-           The form and massing have been simplified and much improved. The street and side facades previously had far too many inconsequential steps, which have now been rationalized into two straightforward linear forms, that have a positive relationship to the existing apartment buildings in the street.

 

-           Improved use has now been made of the rooftop / top-light or sectional opportunities available on the topmost floor to improve their internal character and environmental performance. The roof form now yields units with a distinctive internal volume and day lighting. The roof forms are better related to the masonry volumes below, although Unit 14 would be better brought closer to the street, to match the setback and detail of Unit 13.

 

-           The Panel supports the revised design of the 4th floor, as now placed to minimize adverse effects on neighbours to the south. The roofs have now been better integrated with the overall form, whereas previously they sat awkwardly back from the fractured façade alignments below.

 

-           The planning for the stair, lift, street entry and access to the communal area have been improved to provide a clear line of sight to the front and rear on all levels. The voids, which need to be checked for BCA compliance, would add drama to the common areas.

 

-           The rear setback has been increased, which significantly improves the garden setting for the benefit of both this proposal and all neighbours. As a result of this improvement, the overshadowing to the south is also reduced relative to the approved DA. This rear garden area is also all deep soil planting.

 

Landscape

 

-           The landscape proposal is also improved. The more compact basement gives sufficient space for the landscape architect to work with, and a proper landscape plan has now been submitted. The projecting elements of the basement / podium are better considered, and there is a reasonable balance between communal gardens and private terraces.

 

-           Each ground floor unit has a useable outdoor living space, located mostly over the projecting basement.

 

Amenity

 

-           The window and door design has been made more consistent. However there is still room for improvement with the ground floor glazing which is currently shown mostly as  consisting of sliding doors.  Ground floor bedrooms in particular would benefit from alternative openings that allow ventilation without compromising security. Airflow, light, outlook etc, should be assessed for each window while retaining privacy, security and useful operation.

 

-           The roof design should incorporate clerestorey windows opening to north to improve top floor apartments’ access to winter sun and summer breezes. A lower portion over the common corridor allows this.

 

-           The exit stair may be able to not be connected to the ground floor lobby, which would allow the building to be able to be configured without an enclosed fire stair – a top lit open stair would be more appropriate. BCA input should be sought and incorporated.

 

Basement Car Park

 

-           The car park driveway is more resolved, and demarcated from the building above. The single lane driveway gives more room for the landscape, and improves the streetscape.

 

-           The basement is now a more compact car park, tightly planned with reduced numbers. This is supported as the best outcome for this site, which is very handy to excellent public transport and many facilities.

 

Architectural Design / Aesthetics

 

As previously noted, the massing has been reconsidered, simplified and more decisively proportioned.  The more simple flat roof has been adopted, which is supported by the Panel.

-           The balconies have a more consistent treatment, and are better integrated with the body of the building. Also they now relate very well to the rooms within.

 

-           The use of materials needs to be further considered. Generally the simpler 3 storey walls, surmounted by the roof, are better. A clear order of materials needs to be set out, with detailed drawings (1:50).

 

All the above issues have mostly been addressed by the revised package submitted. The relationship to the neighbouring buildings, and the footprint of the previous DA, are accurately shown throughout the documentation, as put forward in previous reports.

 

The proposal for additional floor space and height needs is now supported by a high quality design, which was not previously the case. There is now a reasonable case, with sufficient justification, for floor space and heights proposed.

 

Summary and Recommendations

 

The Panel is encouraged that design improvements have been made to achieve a far better building. This scheme performs much better than the previous DA in terms of SEPP 65 compliance.

 

The Panel supports the proposal as an efficient use of an excellent site and as a good addition to the area.”

 

Comment: The Design Review Panel generally supports the proposed development requiring minimal, if no, changes to the proposal. The Panel notes especially that the proposal now has a more balanced builtform with the addition of a full 4th level that will be consistent with the height of existing multi-unit housing developments in the locality.

 

10.3.2.2.   Sunlight, Privacy and Views

 

Sunlight

Shadow diagrams submitted indicate that the proposed development will not result in overshadowing beyond that already generated by the previous approved development (DA/894/2008).

 

Shadow diagrams submitted with the original approved application indicated that at 9am the northern wall of the adjoining southern properties at Nos. 9A, 11 and 11A Boronia Street were already overshadowed by the existing properties on the subject site at Nos 68 and 70. The new proposed building will similarly overshadow the entire northern wall of these adjoining southern property at 9am. By 12 noon the proposal will overshadow part of the northern wall of No. 11, and the entire northern wall of Nos. 9A and 9 Boronia Street consistent with the impact of the original approved development. Accordingly at 12 noon, the current proposed development will maintain the original approved DA overshadowing impact with no additional overshadowing generated. By 3:00pm, all the adjoining southern properties at Nos. 9, 9A, 11 and 11A will be free from overshadowing by both the original approved and the current proposed development as the proposed shadow will fall predominantly on Boronia Street.

 

Additionally, the shadow diagrams indicate that overshadowing onto to the northern and eastern elevation of No. 15-21 Duke Street will lower than that casted by the original approved development in the winter solstice mornings.

 

Overall, the shadow diagrams indicate that between 9:00am and 12 noon the adjoining southern properties will be overshadowed to less the than the minimum 3 hours winter solar access required under the DCP – Multi-unit Housing (consistent with the impact of the original approved development). However, it is noted that these properties already have less available sunlight than the minimum 3 hours requirement as a result of overshadowing from adjoining and surrounding properties, landscaping and structures including fencing. Notwithstanding this, it is not considered that the overshadowing impact should be seen as a reason for refusing this proposal as the impact is a direct and natural consequence of the orientation and topography of the site rather than an indication of an inappropriate design. Furthermore, the proposed development readily complies with all the minimum setback requirements of the DCP – Multi-unit Housing, and the shadows casted by the proposed building is not caused by the section of the building that contains the additional dwelling units nor the section that exceeds the maximum wall height standard of the RLEP. Moreover it should be noted that, in details provided by the applicant, a fully compliant building envelope on the subject site would have a similar overshadowing impact as the proposed development, that is, it would overshadow the adjoining southern properties to less the than the minimum 3 hours winter solar access requirement.

 

Privacy

In terms of privacy, objections have been raised in relation to loss of privacy to the adjoining properties especially from the elevated terraces in all units of the proposed development. Specific privacy concerns have been addressed in Section 5 above.

 

The amended plans show that terraces have not only been significantly reduced in size from that indicated in the original proposal but also increased in setback from the side boundaries. The reduction in the size of these terraces also lessens the degree to which these spaces would be conducive for activities that would give rise to overlooking and noise.

 

The proposed building will have balconies linked to living rooms and, in some cases bedrooms, for each unit on all elevations. The potential for overlooking from the north and south elevations into the adjoining residential properties to the north and south will be largely eliminated by the fact that

 

·           All proposed balconies linked to living rooms will be orientated east towards Boronia Street.

 

·           The edges of living room balconies will have separation distances of 8m and 10m from adjoining properties which are reasonable for mitigating privacy loss to adjoining properties. Additionally, a condition requiring the installation of suitable privacy screens on the southern edges of the balconies on Unit 13 will be applied should approval be granted. Accordingly, this will satisfy the preferred solution of the DCP – Multi-unit Housing.

 

·           The balconies linked to bedrooms are not considered to be areas of high traffic and therefore are not anticipated to be conducive to, nor result in, unreasonable overlooking and loss of privacy to adjoining properties.

 

Additionally, as indicated in Section 6 above, specific conditions for a 2m high fence on the southern boundary (increasing to 2.3m for the section adjoining No. 9a Duke Street)  will be applied to address the concerns of adjoining residents in Duke Street.  

 

In relation to adjoining western properties at No. 15-21 Duke Street and No. 25-27 Kensington Road, the west facing living room balconies of the proposal is not considered to give rise to overlooking as they will be located at a significant distance (minimum 15m from common eastern boundary) from these eastern properties which readily accords with the minimum separation distances required to ensure privacy between residential buildings under the DCP – Multi-unit Housing. Additionally, appropriate new deep soil landscaping treatment along the eastern rear boundary combined with the retention of existing mature trees will provide adequate screening to the existing adjoining eastern properties.

 

Overall, the proposal will be acceptable in term of privacy for the reasons discussed above.

 

Loss of views

The subject site and surrounding land do not have significant differences in relative levels such that there will be no apparent loss of views enjoyed by adjoining and surrounding properties that would be affected by the proposed development.

 

10.3.2.3    Traffic and access

The proposal for 14 dwelling units is expected to result in a moderate traffic generation which will have minimal impact on the performance of existing intersections in the locality. There will be adequate capacity in the surrounding road network to cater for the traffic generated by the proposed development. It should be noted that the net increase in the number of dwellings will be 11 units given that there are 3 existing dwellings on-site so that in real terms the impact of traffic will be further minimised.

 

Overall, the increase in traffic generation in the proposed development is not considered to have a significant traffic impact on the adjacent classified road network and intersections nor on the amenity of adjoining and surrounding

 


10.3.2.4    Ecologically Sustainable Development

The applicant has provided an amended BASIX assessment of the amended proposal in accordance with BASIX modelling requirements which indicates compliance with the targets for multi-unit housing for water saving, energy consumption and Thermal comfort.

 

Specifically, the proposal achieves good cross-ventilation for all dwelling units; and will include appropriate energy efficiency and water conservation measures.

 

The proposed development will be well served by public buses along Anzac Parade and Todman Avenue, linking the subject site to the CBD and Randwick Junction in keeping with the promotion of public transport usage as a primary means of enhancing ecological sustainability and the reduction of greenhouse gases in the Sydney Region.  The proposal would assist in encouraging the use of public transport in line with urban consolidation and ESD principles.

 

Overall, the proposal is considered acceptable in relation to Ecologically Sustainable Development issues.

 

10.4  Social and Economic Impacts – S79C(1)(b)

The Proposal will increase the availability of housing and promote the key directions and actions for the Randwick City Plan and the objectives of the Residential 2c zone contained in the Randwick LEP 1998. The effect of the proposal would be to bring more people to the locality potentially linking them to existing economic, institutional and service facilities in the area. Overall the proposal presents a positive impact within the site and locality.

 

11.5  Suitability of the site – S79C(1)(c)

The subject site is zoned Residential 2C. The subject site is therefore suitable for the proposed conforming medium density residential development whilst retaining the existing and desired future character of the locality. The site is well located in relation to the University of NSW, Randwick Racecourse and Centennial Park as well as the Kensington and Kingsford town centres. Public bus services are also available in the immediate locality.

 

11.6  Any submissions made – S79C(1)(d)

The original proposal was notified and advertised from 4 August 2010 to 18 August 2010. The amended proposal was not considered required to be notified for the reasons outlined in Section 6 above. The issues raised in submissions to this notification/advertising process have been addressed in relevant sections of this report as indicated in Section 6 above.

 

10.7  The public interest – S79C(1)(e)

The proposed development will be in the public interest as it will provide additional housing stock in an area that is highly accessible by public buses and private vehicles. In addition, the proposal will consolidate the residential character of the locality by enabling residential development of a medium density housing form without compromising the amenity of surrounding residential area in accordance with the Randwick City Plan and the Randwick LEP 1998.

 

Relationship to City Plan

 

The relationship to the City Plan is as follows:

 

Outcome 12:     Excellence in urban design and development – The proposal has a good architectural quality in that it maximises the potential of the subject site in the context of the existing surrounding development whilst minimising impacts on adjoining and nearby residential properties.

Direction 4a & associated key action: Improved design and sustainability across all development –The proposal will achieve a good design in conjunction with a significant sustainable outcome for the proposed development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal is permissible with the consent of Council on the subject site. The proposal does not comply with the maximum FSR and wall height standards contained in the RLEP. SEPP No.1 objections in relation to these breaches have been submitted with the application and considered to be well founded in the circumstances. In particular, the proposal will be consistent with the planning objectives for the locality; the part of the building in breach of the height control is limited to the front roof top section of the building and will be well setback from the southern and western boundary to ensure that it will not result in any additional amenity impacts beyond that already assessed and approved under the original DA. Furthermore, the alterations and additions are not considered to result in a building that will be visually intrusive or bulky but rather consistent with the character of existing development in the locality. Overall, the additional density and height will not give rise to any detrimental impacts to surrounding uses in terms of ventilation, sunlight, privacy, views, traffic and parking impacts.

 

The proposal generally complies with the relevant preferred solutions and performance requirements in the DCP - Multi-unit Housing. The proposal has a shortfall of 2 carparking spaces (than that required under the DCP – Parking) which as assessed in relevant sections of this report is minor in nature and impact. 

 

The proposal will not have a significant impact on the amenity of surrounding properties in terms of visual bulk and scale, solar access, privacy and views.

 

The recommendation is for approval of the application subject to conditions.

 

 

Recommendation

 

A.     That Council support the objection under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clauses 20F and 20 G of the Randwick Local Environmental Plan 1998 (as amended), relating to maximum floor space ratio and external wall height, on the grounds that the proposed development is consistent with the relevant objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

and

 

B.     That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/572/2010 for the alterations and additions to approved multi unit building including change to front, rear and side setbacks, alteration to side elevations, alteration to landscaping, reconfiguration of storm water detention tank, relocation of fire stairs, garbage room, bicycle storage, provision of rain water tanks, alteration to parking, internal alteration and addition of two units and third level and changes to materials and finishes at 66-70 Boronia Street, Kensington, subject to the following conditions:

 

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

 

·      DA02 Issue B dated 28 October 2010, and DA03 Issue E, dated 9 June 2010 and stamped received by Council on 4 November 2010, and

 

·      DA04 and DA05, both Issue D, dated 2 August 2010 and stamped received by Council on 6 September 2010; and

 

·      DA06 Issue E, dated 28 October 2010, and DA07, Issues F dated 24 November 2010; and DA08 Issue D dated 28 October 2010, and DA09, Issue E dated 24 November 2010, DA 10.2 Issue D dated 24 November 2010, and stamped received by Council on 26 November 2010,

 

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

 

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

 

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

 

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

 

3.       Details of bicycle storage as required in the Development Control Plan – Parking shall be submitted to and approved by Council’s Director City Planning Council prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

4.       Appropriate fencing between the ground floor western terrace of the proposed Unit 3 and the designated common property area shall be installed to ensure the privacy and security of Unit 3. The adjoining landscaped area at the rear shall be designated as communal landscaped area and common property for the proposed development. Pedestrian access to this portion of communal landscaped area shall be provided and maintained via the central entry, lobby and corridor of the proposed development through an extension/opening of the proposed central corridor into the rear communal open spaces. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

5.       All balconies in the proposed Units No. 13 shall be installed with a 1.8m privacy screen along their southern edge to ensure the privacy of adjoining properties. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

6.       A 2m high solid masonry fence shall be erected along the whole length of the common southern boundary. Additionally, the section of the required  masonry fence along the common southern boundary to No. 9A Duke Street shall be 2.3m high. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

7.       The proposed door openings to bedrooms 1 and 2 of Unit 2 and bedroom 1 of Unit 1 shall be deleted and replaced with window openings. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

8.       All bathroom windows in the proposed development shall be opaque glazing to maintain privacy. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

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

 

10.     The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. 

 

11.     Lighting to the premises shall be designed in accordance with AS4282 – 1997 Control of the Obtrusive Effects of  Outdoor Lighting" so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

12.     In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority and the Council, prior to issuing a construction certificate and an occupation certificate, respectively.

 

13.     Public access to the visitor’s carparking spaces is to be maintained at all times and an intercom system is to be provided adjacent to the vehicular entrance to the carpark, together with appropriate signage providing instructions for use.

 

14.     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.

 

15.     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.

 

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

 

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

 

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

 

17.     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

$3,737,316

1%

$37,373.16

 

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

 

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

 

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

 

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

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

19.     The use of the premises and the operation of plant and equipment shall not give     rise to the transmission of a vibration nuisance or damage to other premises.

 

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

 

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

 

20.     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)   $10,000.00 -      Damage/Civil Works Security Deposit

 

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

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

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

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

 

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

 

Traffic conditions/Civil Works Conditions

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

 

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

 

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

 

b)   Remove the redundant concrete vehicular crossing and layback and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

 

c)   Re-construct a kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points.

 

d)   Carry out a minimum 1.00 metre wide, road reknit in front of the kerb and gutter along the full site frontage.

 

e)   Reconstruct the existing Council double grated gully pit to allow for construction of a full width concrete layback and crossing.

 

f)   Construct a new double grated gully pit upstream from the new vehicular crossing with lintel sized to the requirements of Councils Drainage Assets Engineer.

 

g)   Construct a  concrete footpath along the full site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

22.     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.

 

23.     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.

 

24.     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.

 

25.     The driveway opening at the Boronia Street frontage must be 5.50 metres wide.

 

26.     The internal driveway must be a minimum 5.50m wide (clear width) for the first 4 metres inside the property so as to allow entering & exiting vehicles to pass within the site. Should the driveway narrow after this point it is then to be designed with a minimum 1.5m x 1.5m splay to allow the passing to work.

 

27.     Prior to the issuing of a Construction Certificate the applicant is to amend the internal driveway grades to show an internal driveway grade of 1:20 for the first 6.00m inside the site and a grade of 1:8 thereafter.

 

Note:  Should the applicant provide a steeper grade than 1:8 to the basement carpark then a 1:10 transition over 2.50 metres is required prior to meeting the basement garage level.

 

28.     The internal driveway is to be constructed in accordance with the approved plans submitted for the Construction Certificate.

 

29.     Prior to the issuing of a Construction Certificate the applicant is to amend the plans to show that Carspace No 17 fully complies with AS/NZS 2890.1:2004 for an enclosed space (minimum width 2.70m).

 

Note: This may require amending the design/location of the proposed garbage room.

 

30.     Prior to the issuing of any form of Occupation Certificate the Certifying Authority is to ensure the manoeuvring bay at the northern end of the basement carpark is clearly signposted and line marked.

 

31.     The proposed tandem car spaces are to be allocated to the 3 bedroom units.

 

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

 

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

 

33.     Prior to the issue of a construction certificate, the applicant shall submit for approval and have approved by Council's Traffic Engineer a detailed construction traffic management plan. The plan shall demonstrate how construction and delivery vehicles will access the development site during the demolition and construction phase of the development.

 

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

 

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

 

34.     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, shall be:

 

·      100mm above the top of the kerb at all points opposite the kerb, along the full site frontage.

 

35.     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.

 

36.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $1237.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

37.     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.

 

38.     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.

 

39.     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.

 

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

                                         

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

 

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

 

41.     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.

 

42.     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 release of the plan of subdivision.

 

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

 

43.     Stormwater drainage plans have not been approved as part of this development consent. Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

a)       A detailed drainage design supported by a catchment area plan, at a scale of 1:100 or as considered acceptable to the Council or an accredited certifier, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run-off, 1987 edition.

 

b)       A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system. 

 

c)       Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The site must be graded to direct any surplus run-off (ie. above the 1 in 20 year storm) to the proposed drainage system.

 

d)       The separate catchment areas within the site, draining to each collection point or surface pit are to be classified into the following categories:

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

e)       Where buildings abut higher buildings and their roofs are "flashed in" to the higher wall, the area contributing must be taken as:  the projected roof area of the lower building, plus one half of the area of the vertical wall abutting, for the purpose of determining the discharge from the lower roof.

 

f)       Proposed finished surface levels and grades of car parks, internal driveways and access aisles which are to be related to Council's design alignment levels.

 

g)       The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.

 

44.     All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

45.     All site stormwater must be discharged (by gravity) to either:

 

a)     The kerb and gutter or drainage system at the front of the property; OR

b)     A suitably sized infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

 

46.     Should stormwater be discharged to Council’s street drainage system, on-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 10 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by Council.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

Should no formal overland escape route be provided for storms greater than the design storm, the on-site detention system shall be sized for the 1 in 100 year storm event.

 

For small areas up to 0.5 hectares, determination of the required cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum has to be a minimum of 2.0 metres below the base of the tank.

 

47.     Should stormwater be discharged to an infiltration system, the infiltration area shall be  sized for all storm events up to the 1 in 20 year storm event with provision for a formal overland flow path to Council’s Street drainage system.

 

Should no formal overland escape route be provided for storms greater than the design storm, the infiltration system shall be sized for the 1 in 100 year storm event.

 

48.     Any Infiltration systems/Absorption Trenches must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

49.     The detention area/infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.

 

50.     Any onsite detention/infiltration systems shall be located in areas to be dedicated as common property.

 

51.     The maximum depth of ponding in above ground detention areas (and/or infiltration systems with above ground storage) shall be as follows:

 

a)   300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

b)   600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10.

c)   1200mm in landscaped areas where a childproof fence is provided around the outside of the detention area

 

Notes:

§  It is noted that above ground storage will not be permitted in basement carparks or in any area which may be used for storage of goods.

§  Mulch/bark must not be used in onsite detention areas

 

52.     Any above ground stormwater detention areas (and/or infiltration systems with above ground storage) must be suitably signposted where required, warning people of the maximum flood level.

 

53.     The floor level of all habitable and storage areas adjacent to the detention area (and/or infiltration systems with above ground storage) must be a minimum of 300mm above the maximum water level in the detention area for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

54.     A childproof and corrosion resistant fastening system shall be installed on access grates over pits/trenches where water is permitted to be temporarily stored.

 

55.     A `V' drain is to be constructed along the perimeter of the property, where required, to direct all stormwater to the detention/infiltration area.

 

56.     A reflux valve shall be provided (within the site) over any pipelines discharging from the site to ensure that stormwater from Council drainage system does not surcharge back into the site stormwater system.

 

57.     Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

58.     A sediment/silt arrester pit must be provided:-

 

a)  within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system; and

b) prior to stormwater discharging into any absorption/infiltration system.

 

The sediment/silt arrester pit shall be constructed in accordance with the following requirements:-

 

·      The base of the pit located a minimum 300mm under the invert level of the outlet pipe.

 

·      The pit constructed from cast in-situ concrete, precast concrete, double brick or equivalent.

 

·      A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

 

·      A galvanised heavy-duty screen located over the outlet pipe/s (Mascot GMS multipurpose filter screen or equivalent).

 

·      The grate being a galvanised heavy-duty grate that has a provision for a child proof fastening system.

 

·      A child proof and corrosion resistant fastening system provided for the access grate (e.g. spring loaded j-bolts or similar).

 

·      A sign adjacent to the pit stating:

 

“This sediment/silt arrester pit shall be regularly inspected and cleaned.”

 

Note: Sketch details of a standard sediment/silt arrester pit may be obtained from Council’s Drainage Engineer.

 

59.     Prior to occupation of the development, a "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention/infiltration system is maintained and that no works which could affect the design function of the detention/infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

a.  The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.

b.  The works as executed drainage plan and hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

 

60.     One covered car washing bay shall be provided for this development.

 

a)       The car washing bay must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to an occupation certificate being issued for the proposed development.

 

b)       The car washing bay must be located outside any required/approved stormwater detention system.

 

c)       The car washing bay may be located within the visitor parking spaces provided they are signposted with ‘Exclusive Carwash Bay Use Sat 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’

 

d)       The car washing bay must be constructed with a minimum 20mm bund around the perimeter of the car washing bay/s (or equivalent)

 

e)       A water tap shall be located adjacent to the car washing bay.

 

61.     Prior to the issuing of an occupation certificate, the applicant shall submit to Council, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

 

a)     The location of the detention basin with finished surface levels;

b)     Finished site contours at 0.2 metre intervals;

c)     Volume of storage available in the detention areas;

d)     The location, diameter, gradient and material (i.e PVC, RC etc) of all stormwater pipes;

e)     The orifice size(s) (if applicable);

f)     Details of any infiltration/absorption systems; and

g)     Details of any pumping systems installed (including wet well volumes).

 

62.     Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

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

 

Notes:-

 

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

 

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

 

64.     Seepage water must not be collected and discharged from the site.

 

65.     If any temporary dewatering of the site is required to facilitate construction of any part of the basement car park and/or detention tank a licence under Part V of the Water Act 1912 will be required. The licence must be obtained from the NSW Department of Water and Energy prior to installation of the works. A copy of the license agreement must be forwarded to Council prior to any dewatering being undertaken.

 

66.     A separate written approval from Council is required to be obtained in relation to any proposed discharge of groundwater into Council’s drainage system external to the site, in accordance with the requirements of Section 138 of the Roads Act 1993.

 

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

 

67.     The garbage room areas will have to be designed so as to be able to contain a total of 14 x 240 litre bins (7 garbage bins & 7 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

68.     The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

69.     The waste storage areas shall be clearly signposted.

 

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

 

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

 

71.     The applicant shall create suitable right of carriageway, easements for access, services and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

72.     All conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to endorsement of the subdivision plans.

 

73.     The applicant shall provide Council with a survey plan of the property prior to endorsement of the subdivision plans.

 

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

 

74.     Landscaping at the site shall be installed substantially in accordance with the Landscape levels & Surfaces Plan, Planting Plan & Existing Tree Plan by Zenith Landscape Designs, drawing numbers 10-2304, sheets 1-3, dated may 2010, subject to the following additional requirements being shown on an amended plan, which must be submitted to, and be approved by, the PCA, prior to the issue of a construction certificate:

 

a.       Deletion of the Melaleuca quinquinervia (Broad Leafed Paperbark) shown for planting within the Boronia Street footpath, near the northern site boundary.

 

b.       To ensure satisfactory maintenance of the landscaped areas, an automatic drip irrigation system shall be installed throughout all planted areas. Details shall be provided showing that the system will be connected to the sites rainwater tanks, with back-up connection to the mains supply, in accordance with all current Sydney Water requirements.

 

c.       The position of existing and proposed site services including water, gas, electricity, sewer, stormwater, etc.

 

d.       All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm, with lawn areas to have a minimum of 300mm. They shall be suitably water-proofed and drained to the approved system.

 

e.       In order to reduce the amount of storm-water generated by the site, as well as to recharge groundwater supplies, porous/permeable paving shall be used in all hard surfacing not on podium or over slab.

 

f.        All detention tanks and below ground stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping.

 

g.       Location of easements within the site and upon adjacent sites (if any).

 

h.       Any substation required shall be screened from view. The proposed location, elevation and screening method shall be shown on all detailed landscape drawings and specifications.

 

75.     A qualified professional in the landscape industry must provide certification that the landscaping has been installed in accordance with the approved documentation and relevant conditions of consent, and must be submitted to, and be approved by, the PCA, prior to the issue of a Final Occupation Certificate, with suitable strategies to be implemented to ensure the landscaping is maintained in a healthy and vigorous state until maturity, for the life of the development.

 

Tree Removals

 

76.     With the exception of the existing Cooks Pine located towards the northeast corner of the site which is to be retained as part of this development (refer Tree Protection Measures) all other vegetation within the site can be removed in order to accommodate the proposed works and new landscape scheme as shown, as they were observed to be insignificant, and too small for the provisions of Council’s Tree Preservation Order (TPO).

 

Pruning of neighbouring trees

 

77.     Permission is granted for the selective and minimal pruning of only those lower growing branches from the following trees, where they overhang the common boundary into the subject site and need to be specifically pruned in order to avoid damage to the trees; or; interference either during the course of the works or upon completion:

 

ii)  From the eastern aspect of the Eucalyptus scoparia (White Gum) which is growing on higher ground to the west, within 25-27 Kensington Road, so as to avoid conflict with the upper levels of the most western portion of the proposed building;

 

iii)  From the northern aspect of the Eucalyptus racemosa (Scribbly Gum) which is growing in the rear yard of the adjoining property to the south, within 11 Duke Street, close to the common boundary, to accommodate the southern elevation of the proposed building or associated machinery.

 

78.     This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary; however, where such measures are desirable in the best interests of correct pruning procedures, and ultimately, the ongoing health of these trees, the applicant must negotiate with the neighbour/tree owner for access to perform this work.

 

79.     All pruning must be undertaken by an Arborist who holds a minimum of AQF Level V in Arboriculture, and who is also a registered member of a nationally recognised organisation/association, with all pruning to be performed to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

 

Street Tree Protection

 

80.     In order to ensure retention of the two Lophostemon confertus (Brush Box) trees located on Council’s Boronia Street footpath, being one at the back of the kerb, centrally across the width of 66 Boronia Street, and then to its south, in front 68 Boronia Street, which is setback awkwardly off the back of the kerb, roughly in the centre of the footpath in good health, the following measures are to be undertaken:

 

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

 

b.       The Construction Certificate plans must show that the northern edge of the proposed vehicle crossing will be setback a minimum distance of 3.4 metres from the trunk of the southern most street tree (measured off its outside edge at ground level), as is currently shown.

 

c.       Given the awkward location of the southern most street tree centrally across the width of the footpath, the applicant must liaise with and obtain Council approval for the most appropriate arrangement of the new footpath and verge in terms of a tree square/cut-out and finished grades/levels, prior to the commencement of any works on public property.

 

d.       Should any roots from either tree be encountered during removal of the existing bitumen surface, or, placement of the new concrete footpath and nature strip, Council’s Landscape Development Officer must be contacted on 9399-0613, to arrange an inspection of the affected roots and the appropriate course of action, with any instructions to be fully complied with.

 

e.       The applicant will be responsible for preserving any major structural roots, with any minor roots which are given permission to be pruned to be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

 

f.        Any new services, pipes, stormwater systems or similar that need to be installed over public property, must be done so along either of the sites side boundaries; or, against either side of the new crossing, so as to minimise root damage.

 

g.       Prior to the commencement of any site works, the trunk of each tree is to be physically protected by geo-textile, underfelt or layers of Hessian, to which, 2m lengths of 50mm x 100mm hardwood timbers, spaced at 150mm centres shall be placed, and are to be secured by 8 gauge wires or steel strapping at 300mm spacing. (No nailing to the trunk).

 

h.       Both street trees must be physically protected by installing a total of four star pickets at a setback of 2.5 metres to their north and south (measured off the outside edge of their trunks at ground level), as well as against the back of the kerb to their east, and in line with the western side of their trunks, to which safety tape/para-webbing/shade cloth or similar shall be permanently attached so as to completely enclose each tree for the duration of works.

 

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

 

j.        Within the TPZ, there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble.

 

k.       The applicant is not authorised to perform any works to either of these street trees, and shall contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar such work appear necessary, with the applicant required to cover all associated costs with such work, to Council’s satisfaction, prior to the issue of a final occupation certificate.

 

l.          A refundable deposit in the form of cash, credit card or cheque for an amount of $5,000.00 shall be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of the street trees.

 

The refundable deposit will be eligible for refund following the issue of a Final Occupation Certificate, subject to completion and submission of Council’s ‘Security Deposit Refund Application Form’, and pending a satisfactory inspection by Council’s Landscape Development Officer (9399-0613).

 

Any contravention of Council's conditions relating to either tree at any time during the course of the works, or prior to the issue of a final occupation certificate, may result in Council claiming all or part of the lodged security in order to perform any rectification works necessary, as per the requirements of 80A (6) of the Environmental Planning and Assessment Act 1979.

 

Protection of Cooks Pine within the site

 

81.     In order to ensure retention of the Araucaria columnaris (Cooks Pine) located near the northeast corner of the site, (currently 66 Boronia Street) in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show the retention of this tree, with the position and diameter of both its trunk and canopy to be clearly shown.

 

b.         The Certifying Authority must ensure that all Construction Certificate plans show that the eastern wall of the basement level, vertical wall alignment of the building and the northern wall of the proposed Detention Tank will be setback a minimum distance of 3.5 metres off its trunk, measured off its outside edge, at ground level.

 

c.       Prior to the commencement of any site works, the PCA must ensure that an Arborist who holds a minimum of AQF Level V in Arboriculture has been engaged for the duration of the project (“the site Arborist”) for the purposes of inspecting, monitoring, implementing and performing any measures related to the preservation of this tree.

 

d.       The site Arborist must be present on site during all initial excavations for the components described in point ‘b’ above, and must instruct site staff and machine operators in the level of care required.

 

e.         The PCA must ensure that a construction technique which will not require any further disturbance, battering, cutting, filling, excavations or works of any kind beyond the setback described above will be used for these components, with suitable details confirming compliance to be provided.

 

f.        Any excavations associated with the installation of new stormwater systems, lines, pipes, pits, detention/retention areas or any other services or similar must also be setback outside the 3.5 metre setback specified above.

 

g.       Existing soil levels/grades in the northern half of the front yard, bordered by the eastern site boundary, pedestrian entry path parallel to its north, as well as the detention tank and basement wall/vertical wall alignment of the building, must be maintained.

 

h.       This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 3.5 metres, on all four sides of its trunk, in order to completely enclose this tree for the duration of works.

 

i.        This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until such time as planting is being undertaken in this area, with signage containing the following words to be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT ENTER".

 

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

 

k.       Any roots encountered during the course of the approved works that need to be cut can only be done so by the site Arborist, cleanly by hand, with the affected area to be backfilled with clean site soil as soon as practically possible.

 

l.        Prior to the PCA issuing a Final Occupation Certificate, the site Arborist must provide written certification which confirms attendance on site, and compliance with the conditions specified in this report.

 

Protection of neighbouring tree at 11 Duke Street

 

82.     In order to also ensure retention of the Eucalyptus racemosa (Scribbly Gum) located beyond the southern site boundary, in the rear yard of 11 Duke Street, close to the common boundary in good health, the following measures are to be undertaken:

 

m.      All documentation submitted for the Construction Certificate application must show the retention of this neighbouring tree, with the position and diameter of both its trunk and canopy to be clearly and accurately represented on all drawings.

 

n.       The Certifying Authority must ensure that all Construction Certificate plans show the southern basement wall must be setback a minimum distance of 1690mm off the southern site boundary, as shown on DA02 dated 28.10.10.

 

o.       Prior to the commencement of any site works, the PCA must ensure that an Arborist who holds a minimum of AQF Level V in Arboriculture has been engaged for the duration of the project (“the site Arborist”) for the purposes of inspecting, monitoring, implementing and performing any measures related to the preservation of this tree.

 

p.       The site Arborist must be present on site during all initial excavations for the southern basement wall, within a radius of 5 metres of its trunk, and must instruct machine operators in the level of care required.

 

q.       The PCA must ensure that a construction technique which will not require any further disturbance, battering, cutting, filling, excavations or works of any kind beyond the setback described above will be utilised for this component, with suitable details confirming compliance to be provided.

 

r.        Prior to the commencement of any site works, this neighbouring tree is to be physically protected through the creation of a Tree Protection Zone (TPZ) within the subject site, which shall be established at the setbacks identified in Table 3, Column G of the Arborists Report by Tree And Landscape Consultants, reference 1594-2-11, dated 1 November 2010, and in accordance with the requirements of Appendix E of this report.

 

s.       Ground protection as identified in Appendix D, Section 1.2.7B of the Arborists Report, shall be installed on ground areas if site movement is required within the TPZ prescribed above, and must be done in consultation with the site Arborist.

 

t.       The area between the southern basement wall and southern site boundary must be retained as deep soil, at existing levels/grades, and other than localised pad footings for new boundary fencing, there shall be no strip footings, masonry fences or raised planters permitted within a radius of 5 metres of its trunk.

 

u.       All attempts shall be made to locate services outside the TPZ described in point ‘f’ above, but should there be no other option, they are to be installed by the use of lateral or thrust boring equipment or some other type of Trenchless Technology deemed suitable by the site Arborist. Tunnelling for such services should not occur less than 700mm in depth below existing ground levels, as per Appendix D, section 1.2.6 of the Arborist Report.

 

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

 

w.      Any roots encountered during the course of the approved works which are in direct conflict with the works and need to be cut shall be done so by the site Arborist, and only where they are cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

 

 

The following conditions have been applied to maintain reasonable levels of amenity to the area:

 

83.     There are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

84.     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.

 

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

 

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

 

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

 

87.     Prior to the commencement of any building works, the person having the benefit of the development consent must:-

 

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

 

ii)       appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing, and

 

iii)       unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

 

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

 

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

 

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

 

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

 

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

 

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

 

89.     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”.

 

90.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

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

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

 

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

 

92.     In accordance with clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition, that in the case of residential building work, a contract of insurance must be obtained and in force, in accordance with the      provisions of the Home Building Act 1989.

 

Where the work is to be done by a licensed contractor, excavation or building work must not be carried out unless the Principal Certifying Authority (PCA):

 

·       has been informed in writing of the licensee’s name and contractor number; and

·       is satisfied that the licensee has complied with the insurance requirements of Part 6 of the Home Building Act 1989, or

 

Where the work to be done by any other person (i.e. an owner-builder), excavation or building work must not be carried out unless the Principal Certifying Authority:

 

·       has been informed of the person’s name and owner-builder permit number, or

·       has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $5,000.

 

Details of the principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA / notice of intention to commence building work.

 

93.     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.

 

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

 

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

 

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

 

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

 

95.     As a minimum, the building is required to be provided with a smoke alarm system complying with Clause 3 of Specification E2.2a of the Building Code of Australia or a smoke detection system complying with Clause 4 of Specification E2.2a of the Building Code of Australia or a combination of a smoke alarm system within the sole-occupancy units and a smoke detection system in areas not within the sole-occupancy units.  The smoke detectors located within the stairway, corridors or the like must be interconnected.

 

Additional requirements regarding the design and installation of the smoke detection and alarm system may be specified in the construction certificate for the development.

 

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

 

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

 

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

 

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

 

The following group of conditions have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

97.     The installation of ground or rock anchors underneath any adjoining premises including (a public roadway or public place) must not be carried out without specific written consent of the owners of the affected adjoining premises and (where applicable) details of compliance must be provided to the certifying authority prior to the commencement of any excavation or building works.

 

98.     Documentary evidence prepared by a suitably qualified professional geotechnical engineer shall be submitted to the certifying authority prior to the issuing of a construction certificate, certifying the suitability and stability of the site for the proposed building and certifying the suitably and adequacy of the proposed design and construction of the building for the site.

 

99.     A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of potential vibration emissions.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises.

 

Any practices or procedures specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises, must be fully complied with and incorporated into the documentation for the construction certificate.

 

A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

 

100.    Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is submitted to the certifying authority, prior to the issuing of a construction certificate, which demonstrates that damage should not occur to any adjoining premises and public place as a result of the works.

 

Any practices or recommendations specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises or land must be fully complied with and incorporated into the documentation for the construction certificate.

 

101.    A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures all of the premises adjoining the subject site and, as a minimum, the  following premises at;

 

64 Boronia Street, Kensington

9 Duke Street , Kensington

9A Duke Street, Kensington

9A Duke Street, Kensington

9A Duke Street, Kensington

9A Duke Street, Kensington

9A Duke Street , Kensington

25-27 Kensington Road, Kensington

 

The report is to be supported with photographic evidence of the status and condition of the buildings and a copy of the report must also be forwarded to the Council and to the owners of each of the abovementioned premises, prior to the commencement of any works.

 

102.    A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to occupation of the building, which certifies that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

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

 

103.    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.

 

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

 

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

 

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

·       effectively support  the excavation and building; and

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

 

Notes

 

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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)     A temporary timber, asphalt or concrete crossing is to be provided to the site entrance across the kerb and footway area, with splayed edges, to the satisfaction of Council, unless access is via an existing concrete crossover.

 

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

 

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

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

·       Placement of a waste skip or any other container or article on the road, nature strip or footpath.

 

f)      The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to Council.

 

g)     A 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.

 

h)     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.

 

108.    A Registered Surveyor’s check survey certificate or compliance certificate is to be forwarded to the principal certifying authority (and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority), detailing compliance with Council’s approval at the following stage/s of construction:

 

a)     Prior to construction of the first completed floor/floor slab (prior to pouring of concrete), showing the area of land, building and boundary setbacks and verifying that the building is being construction at the approved levels.

 

b)     On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks and verifying the building has been constructed at the approved levels.

 

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

 

·       location and construction of protective fencing / hoardings to the perimeter of the site (including that the security of the rear yards of Nos. 9. 9A, 11 and 11A is maintained at all times by protective fencing);

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details and methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·           construction noise and vibration management;

·           construction traffic management provisions.

 

The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain reasonable levels of public health, safety and convenience to the satisfaction of Council.  A copy of the approved Construction Site Management Plan must be maintained on site and be made available to Council officers upon request.

 

110.    During demolition excavation and construction works, dust emissions must be minimised, so as not to result in a nuisance to nearby residents or result in a potential pollution incident.

 

Adequate dust control measures must be provided to the site prior to the works commencing and the measures and practices must be maintained throughout the demolition, excavation and construction process, to the satisfaction of Council.

 

Dust control measures and practices may include:-

 

·       Provision of geotextile fabric to all perimeter site fencing (attached on the prevailing wind side of the site fencing).

·       Covering of stockpiles of sand, soil and excavated material with adequately secured tarpaulins or plastic sheeting.

·       Installation of a water sprinkling system or provision hoses or the like.

·       Regular watering-down of all loose materials and stockpiles of sand, soil and excavated material.

·       Minimisation/relocation of stockpiles of materials, to minimise potential for disturbance by prevailing winds.

·       Revegetation of disturbed areas.

 

111.    During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing

 

Details of the proposed sediment control measures are to be detailed in the Site Management Plan and must be submitted to and approved by the principal certifying authority prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the approved details must be forwarded to the Council and a copy is to be maintained on-site and be made available to Council officers upon request.

 

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

 

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

 

A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

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

 

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

 

If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

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

 

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

 

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

 

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

 

§   Australian Standard 2601 (2001) – Demolition of Structures

§   Occupational Health and Safety Act 2000

§   Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

§   WorkCover NSW – Guidelines and Codes of Practice

§   Randwick City Council’s Asbestos Policy

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

 

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

 

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

 

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

§   Details of hazardous materials, including asbestos

§   Method/s of demolition and removal of asbestos

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

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

§   Methods and location of disposal of any asbestos or other hazardous materials

§   Other relevant details, measures and requirements to be implemented as identified in the Asbestos Survey

§   Date the demolition and removal of asbestos will commence

 

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

 

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

 

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

 

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

 

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

 

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

 

d)     Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996. Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

e)     A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council upon completion of the works prior to an Occupation Certificate being issued, which confirms that the asbestos material have been removed appropriately and the relevant requirements contained in the Asbestos Survey and conditions of consent in relation to the safe removal and disposal of asbestos, have been satisfied.

 

Road/Asset Openings (Unless otherwise specified by City Services or Development Engineer)

 

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

 

116.    Any openings within or upon the road, footpath, nature strip or in any public place (i.e. for proposed drainage works or installation of services), must be carried out in accordance with the following requirements, to the satisfaction of Council:

 

a.     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.

 

b.     The owner/developer 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.

 

c.     Relevant Road / Asset Opening Permit fees, construction fees, inspection fees and security deposits, must be paid to Council prior to commencing any works within or upon the road, footpath, nature strip or other public place,

 

d.     Excavations and trenches must be back-filled and compacted in accordance with AUSPEC standards 306U.

 

e.     Excavations or trenches located upon a road or footpath are required to be provided with 50mm depth of cold-mix bitumen finish, level with the existing road/ground surface, to enable Council to readily complete the finishing works at a future date.

 

f.      Excavations or trenches located upon turfed areas are required to be back-filled, compacted, top-soiled and re-turfed with Kikuyu turf.

 

g.     The work and area must be maintained in a clean, safe and tidy condition at all times and the area must be thoroughly cleaned at the end of each days activities and upon completion.

 

h.     Public and vehicular safety must be maintained at all times and any related directions issued by Council officers must be complied with.

 

i.      The work can only be carried out in accordance with approved hours of building work as specified in the development consent, unless the express written approval of Council has been obtained beforehand.

 

j.      All work, including the provision of barricades, fencing, lighting, signage and traffic control, must be carried out in accordance with the NSW Roads and Traffic Authority publication - ‘Traffic Control at Work Sites’ and Australian Standard AS 1742.3 – Traffic Control Devices for Works on Roads, at all times.

 

k.     Not more than half of any road is to be opened up at any one time and excavations must be provided with suitable fencing/ barricades and flashing amber lights if not completed by the end of the day.

 

l.      Any necessary approvals must be obtained from NSW Police, Roads & Traffic Authority, State Transit Authority and relevant Service Authorities, prior to commencing work upon or within the road, footway or nature strip.

 

All conditions and requirements of the NSW Police, Roads & Traffic Authority, State Transit Authority and Council must be complied with at all times.

 

m.    A detailed Traffic Management Plan must be submitted to and approved by Council and relevant Authorities, prior to carrying out any work which results in the closure or partial closure of a State or Regional Road , as identified by the NSW Roads & Traffic Authority.

 

n.     Sediment control measures must be implemented in accordance with the conditions of development consent and soil, sand or any other material must not be allowed to enter the stormwater drainage system or cause a pollution incident.

 

o.     The owner/developer must have a Public Liability Insurance Policy in force, with a minimum cover of $10 million and a copy of the insurance policy must be provided to Council prior to carrying out any works within or upon the road, footpath, nature strip or in any public place.

 

p.     Council’s Road / Asset Opening Officer must be notified at least 48 hours in advance of commencing any excavation works and also immediately upon completing the works (on 9399 0691 or 0409 033 921 during business hours), to enable any necessary inspections or works to be carried out.

 

ADVISORY MATTERS:

1.       The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

The applicant/developer is advised to ensure that the development is not inconsistent with Council's consent and if necessary consult with Council’s Building Certification Services or your accredited certifier (as applicable) prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

2.       The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

In this regard, the development consent plans do not show compliance with the deemed-to-satisfy provisions of the BCA, including:

 

a)     Part B1                  -     Structural provisions

b)     Part C1                 -     Fire resistance and stability

c)     Part D1                 -     Provisions for escape

d)     Part D2                 -     Construction of exits

e)     Part E1                  -     Fire fighting equipment

f)      Part E2                  -     Smoke Hazard Management

g)     Part E3                  -     Lift Installations

h)     Part E4                  -     Emergency lighting, exit signs & warning

                                          systems

i)      Part F1                  -     Damp and weatherproofing

j)      Part F2                  -     Sanitary and other facilities

k)     Part F4                  -     Light and ventilation

 

Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

The applicant/developer is advised to ensure that the development is not inconsistent with Council's consent and if necessary consult with Council’s Building Certification Services or your accredited certifier (as applicable) prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

3.       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.

 

4.       In order to organise for an inspection for the release of the security deposit, the applicant shall contact the Principal Certifying Authority for the development to liaise with Council’s Landscape Development Officer to arrange for an inspection of the landscaping to be carried out. Should the landscaping be found to be unsatisfactory, thus necessitating further inspections, the applicant is advised that each additional inspection will be charged at $55.00 (incl.GST) and that this amount  shall be paid into Account Number 41901939, Code RGJ at the Cashier on the Ground Floor of the Administrative Centre prior to any further inspection being carried out.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

14 December 2010

 

 

 

Director City Planning Report No. CP115/10

 

 

Subject:                  169-181 Dolphin Street, Coogee (Ground Level)

Folder No:                   DA/649/2010

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Change of use of the Aquarium (top) level of the Beach Palace Hotel from a restaurant to a hotel (Local Heritage Item)

Ward:                      North Ward

Applicant:                Ardilo Pty. Ltd.

Owner:                         Jomaring Pty. Ltd.

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan


1.      Executive Summary

 

The subject application is referred to the Planning Committee for determination at the request of Councillors Woodsmith, Hughes and Tracey.

 

The application seeks retrospective approval for the change of use of the Aquarium (top) level of the Beach Palace Hotel from a restaurant to a hotel.

 

A Class 1 Appeal for “deemed refusal” of the subject application has recently been lodged with the Land and Environment Court.

 

The application was advertised and notified from 25 August to 8 September 2010 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of 16 submissions were received at the conclusion of the public consultation process. The issues raised are primarily related to noise, safety and security and potential impacts on the general amenity of the area.

 

There have been a series of legal proceedings relating to the use of the Beach Palace Hotel. In April 2009, Council commenced Class 4 proceedings in the Land and Environment Court seeking declarations and orders to restrain the owner and operator of the Beach Palace Hotel from using the Aquarium (top) level for the purpose of a “hotel”. The Court has made an order in favour of Council where the use of the Aquarium level as a hotel must cease by 30 December 2010. Following the above decision, a separate development application has been lodged with Council seeking the alterations and additions to the first (mid) level of the building to create an open balcony and conversion to a bar / restaurant in the southern section and a night club in the northern section. This application has been assessed and is reported separately in this Business Paper. Additionally, the owner and operator have recently filed a formal Notice of Appeal (against the Land and Environment Court decision) with the Court of Appeal. The applicant has advised Council that the subject development application 649/2010 has been made on a without prejudice basis to their rights in the Court of appeal matter.

 

The site is located within Zone No. 3A (General Business Zone) under RLEP 1998 (Consolidation). The proposed use at the top level is defined as a “hotel” and is permissible with development consent.

 

The site is located in close proximity to residential developments. However, the submitted documents contain insufficient information relating to the potential noise emission. The application has not specified the details of the mitigation measures required to protect the amenity of the surrounding residential developments. Where appropriate mitigation measures are not implemented, the proposal would detrimentally affect the living amenity of the local residences and lead to a highly undesirable planning outcome.

 

Furthermore, the application is deficient in information relating to the existing fire safety condition of the building, and any necessary design changes and upgrade required ensuring the safety of the occupants and neighbouring premises.

 

For the above reasons, it is considered that the proposal is not within the public interest and is recommended for REFUSAL.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 1 in DP 792311, No. 169-181 Dolphin Street, Coogee. The site is located at the corner of Beach and Dolphin Streets and is adjacent to the Coogee Beach Reserve. At present, the site accommodates a 3-storey commercial development known as the Beach Palace Hotel that contains licensed hotel and nightclub uses at the ground and first floors and a restaurant at the top storey.

The top floor restaurant has been found to be used as a “hotel” without approval and has been subject to legal proceedings between Council and the owner and operator (refer to the “Site History” section for details).

 

The site is listed as a heritage item under Randwick Local Environmental Plan 1998 (Consolidation), although the building is a recent reconstruction dating back to the 1980’s. The original building was completed in December 1887 as a seaside entertainment complex. The building had deteriorated throughout the twentieth century which eventually led to its demolition.

 

The site is adjoined to the west by a 5-storey serviced apartment building (161-167 Dolphin Street). Further to the west is a 4-storey building with retail uses at ground level and residential apartments above (155-159 Dolphin Street), and a group of older style 3-storey mixed commercial and shop top housing buildings.

 

Immediately to the north of the site is a 4-storey building with retail uses at ground level and residential apartments above (128-130 Beach Street). Further to the north is a 3-storey mixed commercial and shop top housing building (126A Beach Street). A 4-storey residential flat building with a retail unit at ground level is located at the corner of Beach and Bream Streets (88 Bream Street). To the east are a paved public plaza and promenade and Coogee Beach.  To the south are a paved public plaza and a Council car park.

 

The locality is characterised by a mixture of retail, commercial, shop top housing and apartment developments.

Figure 1 Dolphin Street elevation of the Beach Palace Hotel building

Figure 2 Beach Street elevation of the Beach Palace Hotel

Figure 3 Adjoining developments to the west of the site on Dolphin Street, including a 5-storey serviced apartment building (middle) and a 4-storey mixed commercial and apartment building (mid left)

Figure 4 Adjoining mixed retail and residential developments to the north on Beach Street

3.      The Proposal

 

The application seeks retrospective approval for the change of use of the Aquarium (top) level of the Beach Palace Hotel from a restaurant to a hotel.

 

The Development Application Form states that the proposed hours of operation will be up to 12 midnight. It is unclear whether the 12 midnight closing time applies to 7 days a week.

 

The submitted Plan of Management (page 3) states that the approved hours of trade under the hotelier license are as follows:

 

Monday

5am to 1am

Tuesday

5am to 1am

Wednesday

5am to 1am

Thursday

5am to 1am

Friday

5am to 3am

Saturday

5am to 3am

Sunday

5am to midnight

 

The Statement of Environmental Effects mentions that “It is not intended that there be any change to the general use or structure / layout of the Aquarium level that has continued since 2000”. The application does not state with certainty as to whether building works are involved.

 

4.      Site History

 

4.1    Application history

The following provides a summary of the relevant applications relating to the site.

 

Parts of building

Application number

Details

Whole building

DA/73/1985

To make extensive alterations and additions and restore the existing building known as the Coogee Palace Aquarium and use for commercial purposes.

Approved by Council on 28 May 1985

Ground floor

DA/503/1992

Permission to use shops Nos. 8, 9 and 11 as a bar and bistro.

Approved by Council on 4 December 1992

DA/503/1992

Modification of Development Consent to amend Condition No. 1 and delete Condition No. 7.

Approved by Council on 13 October 1998

DA/552/1997

Alterations to convert existing café to accommodate 30 gaming machines in conjunction with existing bar.

Approved by Council on 17 February 1997

DA/554/1997

Convert the existing shop premises and portion of an adjoining tenancy for use as a licensed café.

Approved by Council on 21 November 1997

DA/1140/2003

Alterations to ground floor of existing hotel including new entry lobby and closure of existing entry, relocation of gaming room, new internal toilets and new folding doors to Dolphin Street and Beach Street.

Approved by Council on 9 July 2004

DA/552/1997

Section 96 application seeking retrospective approval for a new sports bar to the rear of the ground floor of Coogee Palace Hotel.

Refused by Council on 24 April 2007

The Council’s decision was the subject of an appeal to the Land and Environment Court.

First floor

DA/134/1990

Permission to make alterations to the existing Coogee Palace and to use part as a tavern.

Approved by Council on 21 August 1990

Note:

This consent relates to the use of level 1 as a bar, bistro, disco and coffee lounge.

DA/225/1996

On 18 July 1997, the Land and Environment Court granted consent (Appeal No. 10580 of 1996) for the provision of live entertainment and extension of trading hours at the premises. This consent relates to the southern section of level 1 of the premises.

 

At the same time, the Land and Environment Court upheld an appeal against the “deemed refusal” of the “Public Entertainment Application” (Appeal No. 20196 of 1996) for the same activity, which permits 425 patrons in the southern section of level 1.

DA/427/1997

To make alterations to the rear section of the 1st floor level of the existing commercial building.

Approved by Council on 12 December 1997.

LA/21/1998

On 27 February 1998, pursuant to the Local Government Act 1993, Council granted Local Approval for the premises to operate as a place of public entertainment.

LA/153/2000

On 12 July 2001, Council granted Local Approval for operation of the first floor level of the premises as a place of public entertainment.

 

The determination of this approval resulted in the combination of two previous places of public entertainment approvals (being the Court approved POPE and POPE Approval No. LA/21/1998) to permit a combined capacity totally 852 persons at level 1 of the premises.

Second floor

DA/73/1985

Alterations and additions and restore the existing building known as the Coogee Palace Aquarium and use for commercial purposes.

Approved by Council on 28 May 1985.

Note:

On 5 September 1988, building approval (BA/987/1988) was granted for alterations and additions to the subject premises to “equip the 3rd level (top floor) with the necessary fixtures and fittings to establish a restaurant.” It appears that the above development consent and building approval establish the restaurant use at the second floor level (Aquarium level) of the premises.

 

Based on Council’s property files, it appears that from the late 1980’s to late 1997, the second level had been operated as the “China Bowl Restaurant”.

DA/785/1998

Erect 2.4m high glass windbreak and replace existing windows with glazed bi-fold doors at the 2nd floor level.

Approved by Council on 28 January 1999.

LA/205/2001

On 28 December 2001, a Local Approval was granted by Council to operate the second floor level of the premises as a place of public entertainment. This approval permits a maximum number of persons of 820.

 

4.2    Recent court proceedings relating to the site

 

Land and Environment Court Proceedings No. 40250 of 2009

In April 2009, Council commenced Class 4 proceedings in the Land and Environment Court seeking declarations and orders to restrain the owner and operator of the premises from using the Aquarium Level of the Beach Palace Hotel for the purpose of a hotel.

 

This matter was heard before Justice Sheahan on 18 November 2009.

 

A brief summation of the case is that Council contended that the Aquarium Level only has Development Consent to operate as a restaurant (granted in 1985), and that the use under this consent did not extend to granting permission for this part of the premises to operate as a hotel.

 

Council's investigation of the use of this area of the premises was complex and took place over an extended period of time (2001 - 2008). The evidence gathered from Council's investigation proved that the Aquarium Level operating in the manner that it did from 2001 was contrary to the consented use of a restaurant.

 

Justice Sheahan, finding in favour of Council, made the following orders:

"1. I declare that the Respondents’ use of the top floor of the building located on land contained in folio identifier 1 in Deposited Plan 792311 (‘the Land’), also known as 169-181 Dolphin Street, Coogee and described as the “Beach Palace Hotel”, as a hotel as defined in the Randwick Local Environmental Plan 1998, is contrary to s76A of the Environmental Planning and Assessment Act 1979, as development consent for that use has not been obtained.

 

2. The Respondents, their servants or agents, are restrained from using the top floor of the building on the Land as a hotel, as defined under the LEP, unless and until development consent is obtained for that use.

 

3. Order 2 is stayed until 30 December 2010.

 

4. Costs reserved.

 

5. The exhibits may be returned."

 

According to the Court’s decision the owner and operator of the premises must cease the use of the Aquarium Level of the premises for the purpose of a hotel by 30 December 2010.  The Respondents have recently made application to the Court to suspend (further stay) the Orders made by Sheahan J.

 

Court of appeal Proceedings No. 2010/24248

The Respondents have appealed to the New South Wales Court of Appeal seeking orders to have the decision of Sheahan J in the Land and Environment Court set aside.

 

In the Notice of Appeal filed 28 September 2010 for the Appellants, Jomaring Pty Limited and Ardilo Pty Ltd ATF Beach Palace Unit Trust, it is contended that His Honour (Sheahan J) erred in finding “… that the Aquarium is now more “hotel” than “restaurant”.”

 

The Appellants are to file a “red book” (documents in support of their case) by 16 December 2010 and the appeal is next before the Court for mention on 16 February 2010.  Council retains Ms Sandra Duggan SC in the Appeal.  Ms Duggan advocated Council’s case in the Land and Environment Court before Sheahan J.

 

Land and Environment Court Class 1 Proceedings No. 10292 of 2010

A Class 1 Appeal for “deemed refusal” of the subject application was recently (17 November 2010) lodged by the applicant with the Land and Environment Court.  It has a first return date before the Court on 15 December 2010.

 

Separately, Council did receive a Development Application (DA/648/2010) from Ardilo Pty Limited for alterations and additions to the first (mid) level of the Beach Palace Hotel to create an open balcony and conversion to a bar/restaurant in the southern section and a night club in the northern section. This application has already been assessed and is reported in this Business Paper.

 

5.      Community Consultation

 

The subject application was advertised and notified from 25 August to 8 September 2010 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received at the conclusion of the public consultation process:

 

·           167 Arden Street, Coogee

·           5/169 Arden Street, Coogee

·           83 Beach Street, Coogee

·           89 Beach Street, Coogee

·           15/120 Beach Street, Coogee

·           4/128-130 Beach Street, Coogee

·           9/84-86 Bream Street, Coogee

·           11/120 Bream Street, Coogee

·           7/108 Brook Street, Coogee

·           11 Hamilton Street, Coogee

·           2 Major Street, Coogee

·           Coogee Precinct Committee

·           RBS Morgans Ltd.

·           1 x anonymous submission from Baden Street, Coogee

·           2 x anonymous submissions

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The restaurant use of the Aquarium (top) level of the Beach Palace Hotel should remain as it has a lower amenity impact, and would provide a quality dining place for the local community and tourists.

The application has not provided adequate information to justify that the proposed hotel use will not result in detrimental noise and amenity impacts on the nearby residential uses. Refer to the “Environmental Assessment” section of this report for details.

The proposed change of use to a hotel will result in detrimental noise and vibration impact on the neighbouring residences.

The application has not submitted sufficient information for Council to ascertain the noise implications of the proposal. Refer to the “Environmental Assessment” section of this report for details.

Visitors to the beach areas and pedestrians are frequently harassed by drunken patrons.

The applicant has not demonstrated that the expansion of the hotel use is suitable and will not adversely impact on the amenity of the adjoining and surrounding residents.

The proposal will increase alcohol-related crime, violence, vandalism and anti-social behaviour, and adversely affect the safety and security of the surrounding areas.

The applicant has not demonstrated that the expansion of the hotel use is suitable and will not adversely impact on the amenity of the adjoining and surrounding residents.

The proposal will increase litter in the surrounding streets.

A special condition can be imposed to require the staff of the premises to collect litter found in the vicinity to the site.

The patrons to the premises are using the public furniture in the promenade areas to the exclusion of other members of the public.

The Beach Palace Hotel has its own alfresco dining areas approved under previous consents.

 

The furniture in the paved plaza and promenade areas is for the use of all members of the public. It is therefore not considered appropriate or enforceable to exclude the use of public furniture by visitors to the Beach Palace Hotel via conditions of consent.

The approval of the subject application would encourage further expansion of the scale and intensity of operation of the premises.

Any further expansion of the scale of operation or change of use of the premises will require the submission and approval of a development application by the consent authority.

The proposal will worsen the air quality of the surrounding areas.

The proposed change of use is not considered to result in perceivable impacts on the general air quality in the area.

The proposal would convert the building into a large scale pub and result in detrimental social impacts by encouraging alcoholism.

The applicant has not demonstrated that the expansion of the hotel use is suitable and will not adversely impact on the amenity of the adjoining and surrounding residents.

The development would adversely impact on local businesses.

The proposal is for a commercial use and is not considered to result in significant impacts on local businesses, subject to conditions relating to the hours of operation, patron numbers, noise and implementation of an appropriate plan of management.

 

The height and scale of the development are excessive.

The proposal does not include any material building work.

 

The heritage façade should not be altered.

The subject proposal does not involve any alteration to the external facades of the building.

 

6.      Technical Officers Comments

 

6.1    Heritage Planner

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

 

6.2    Environmental Health Officer

The comments provided by Council’s Environmental Health Officer are extracted below:

 

Acoustics

An acoustic report has not been received in relation to potential or exiting noise sources, which may impact the existing amenity of the surrounding environment (sensitive residences/open public space).

 

Recommendation

The following information is required to be submitted to Council prior to a determination of the development application.

 

1.     An acoustic report acceptable to Council is to be submitted by the Applicant.

 

The report is to be prepared by a suitably qualified and experienced consultant in acoustics and the report and assessment is to be completed in accordance with the NSW Environmental Protection Guidelines, namely the Industrial Noise Policy and Environmental Noise Control Manual (sleep disturbance), LAB Noise criteria and the relevant Australian Standards.

 

The report is to include (but not be limited) to;

 

§   Noise emission from the proposed development (mechanical ventilation, patrons, entertainment, etc);

§   Provide a cumulative noise assessment of the operation of the entire premises (including but not limited to the predicted noise levels of the Aquarium level) and detail compliance with relevant noise criteria ;

§   Assess in detail impact of the operation of outdoor areas in terms of acoustic compliance with relevant noise criteria;

§   Detail maximum proposed patron numbers and predicted noise levels both for the whole premises and the Aquarium level;

§   Provide details of all acoustic attenuation measures required including but not limited to sound limiters, acoustic construction;

§   Detail any required operational management measures that are required implemented by management;

§   Identify and detail where entertainment (live/other) is to be conducted within the premises as a whole and separately on the Aquarium level. Assess compliance of proposed entertainment with relevant noise criteria;

§   Confirm any proposed alterations or proposals of mechanical plant;

§   The noise assessment must assess the impact and compliance of the and separately the Aquarium level with relevant noise criteria at all effected sensitive receiver locations;

§   Clearly outline required operating times of all areas of the whole premises in terms of complying with relevant noise criteria;

§   The noise assessment must assess the impact and compliance of the whole premises and separately the Aquarium level with relevant noise criteria at or on public open space areas and the enjoyment of those by members of the public.

 

2.     Provide an amended plan of management incorporating any requirements of the selected acoustic consultant in terms of management of the premises as a whole and separately of the Aquarium level.

 

6.3    Building Surveyor

 

The comments provided by Council’s Building Surveyor are extracted below:

 

BCA Building Classification

Class 6 -  Bars

Class 9b -  Nightclub

 

Background

The existing building located upon the subject site is a 3 storey hotel premises with a mid level nightclub component.

 

Preliminary Assessment

Prior to determination of the development application, further information is required to be provided to assess the suitability of fire and safety measures relevant to the development, in accordance with the provisions of clause 93 and 94 of the Environmental Planning and Assessment Regulation 2000.  Compliance with fire safety upgrading requirements may also necessitate potential design variations and/or works  to be carried out.  Therefore, prior to determination of this application the following additional information should be provided for consideration.

 

Recommendation

The existing levels of fire and safety within the premises are to be reviewed and upgraded to achieve an adequate level of safety in accordance with the provisions of clause 93 and 94 of the Environmental Planning and Assessment Regulation 2000 as reported  by a suitably qualified and experienced Building Code of Australia/Fire safety Consultant which report is to be submitted to Council for consideration.

 

The report must include a Building Code of Australia assessment of the existing building and the report must also include details of the measures and upgrading works considered appropriate to achieve an adequate level of fire safety for the building and the occupants, including population numbers with a cumulative analysis of the egress requirements to allow safe evacuation, that satisfies the performance provisions of Parts C, D and E of the BCA.

 

It is noted that a fire safety upgrading report was prepared for the owners by Raw Fire Safety Engineering dated 25 June 2007 and all recommendations contained therein have not been implemented.

 

Upon receipt of this report further consideration will be given to the development application.

 

6.4    NSW Police

 

The application has been referred to the Eastern Beaches Local Area Command for assessment. The key recommendations are extracted below:

 

·      If Council were to consider granting usage of the Aquarium level as a hotel Police would not object to the Development Application provided the following points are addressed:

 

(1) Hours of trade be restricted to 5am to midnight Monday to Saturday and 10am on to 10pm on Sundays.

 

(2) Strategies to be imposed to deter glass being dropped or thrown from the Aquarium Balcony. Police request that patron numbers be restricted on the balcony to prevent overcrowding.

 

·      The use of glass bottles and glass cups near the internal and external balconies present a risk to public safety if dropped / thrown. Police suggest the implementation of a no glass bottles or glass cups policy within the second floor (Aquarium level) areas as a crime preventative measure. The implementation of PVC containers, positioning of no glass near balcony signs and pro-active reinforcement by security should be considered and would help to lower the risk to public safety.

 

·      Police have concerns that the quiet and good order of the neighbourhood may be disturbed due to the change of use of outdoor balcony. If an application was successful Police would request that noise levels do not exceed the standard LAB noise levels but also request that the hours of operation for the change of use relating to the second floor (Aquarium level) outdoor balcony be restricted to 12 midnight Monday to Saturday and 10:00pm on Sundays. Police would not support any increase of hours beyond this time.

 

·      Further Police would request that a suitable Plan of Management be prepared for the balcony area to ensure the quiet and good order of the neighbourhood was not disturbed.

 

7.      Master Planning Requirements

 

The site has a land area of less than 10,000m2 and a master plan is not required.

 

8.      Relevant Environmental Planning Instruments

 

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

Clause 13 Zone No. 3A (General Business Zone)

The site is located within Zone No. 3A (General Business Zone) under RLEP 1998 (Consolidation). The proposed use at the second (Aquarium) level is defined as a “hotel” and is permissible with consent within the 3A Zone.

 

The objectives of the zone are addressed as follows:

 

(a)    to maintain the viability of existing business centres, and

 

Comments:

The proposal is for a commercial use and is considered to be compatible with the character of the locality. A special condition can be imposed to require the preparation and adoption of a plan of management to ensure the patrons would not unreasonably disturb the local amenity when approaching or leaving the premises.

 

(b)    to facilitate the orderly and economic development of land as business centres, for commercial, retail, residential and community purposes by:

 

(i)     introducing controls for the bulk and scale of buildings, and

 

Comments:

The proposed change of use will not increase the visual bulk and scale of the existing building.

 

(ii)    encouraging economically viable retail cores which are centrally located and in close proximity to public transport, and

 

Comments:

The proposal is for a commercial use and the site is within walking distance from public bus services.

 

(iii)   improving employment opportunities, and

 

Comments:

The proposal will enable employment opportunities.

 

(iv)   servicing the needs of the local and regional community, and

 

Comments:

The proposal will provide catering and entertainment services to the local and regional community.

 

(v)    encouraging the provision and use of public transport, and

 

Comments:

The site is located within walking distance from public transport services and will encourage their usage by the staff and patrons.

 

(vi)   providing and improving pedestrian and public open space areas for shoppers and workers, and

 

Comments:

The proposed development will not physically affect the existing public plaza, promenade and open space in the vicinity to the site.

 

(vii)  maintaining and improving the environmental and aesthetic qualities of the City of Randwick, and

Comments:

The proposal will not affect the character and heritage significance of the Beach Palace Hotel building or the visual amenity of the surrounding areas.

 

(c)    to minimise the impact of development on adjoining and nearby residential zones, and

 

Comments:

The site is located in close proximity to residential zoned land. The urban block within which the site is located also contains various shop top housing and apartment developments. The proposed change of use from a restaurant to a hotel has implications on the acoustic amenity of the nearby residences. However, the application has not submitted the essential information to justify that the development will not result in detrimental noise disturbance to the local residents. Consequently, it cannot be established that the development has minimised impact on the adjoining and nearby residential zones.

 

(d)    to encourage housing affordability.

Comments:

Not applicable.

 


Clause 43 Heritage conservation

The site is listed as a heritage item under the LEP (Inventory No. 218: Coogee Palace c 1887). The application has been referred to Council’s Heritage Planner for assessment. The comments provided are extracted below:

 

The Site

The subject site is listed as a heritage item under Randwick LEP 1998, although the original building on the site has been largely rebuilt.  The original building was opened in 1887, but its condition deteriorated throughout the twentieth century and the old dome had collapsed prior to demolition in the mid 1980s. 

 

The Proposal

The current proposal is for a change of use at the second  level (Aquarium). 

 

DA/649/2010-

At second floor level (top level) (DA/649/2020) it is proposed to change the use of the area to a hotel.  It appears that no building work or changes to the existing layout of the area are proposed. 

 

Submission

The Statement of Environmental Effects (“SEE”) for the Aquarium notes that the building has a 120 year history as a place of entertainment within the seaside resort of Coogee. 

 

Comments

 

        DA/649/2010-

It is noted that the application does not propose building work or changes to the existing layout of the top level.  There are therefore no heritage objections to the proposal. 

 

Comments:

The proposal does not appear to involve any significant building works and the heritage officer has raised no objections to the proposal.

 

9.      Policy Controls

 

9.1    Randwick Development Control Plan - Parking

 

The Parking DCP specifies parking rates for “hotel” and “restaurant” uses as follows:

 

Hotel

1 space per 6m2 bar, lounge, entertainment venues, restaurant, dining room, games rooms, auditoriums and disco, etc

Plus 1 space per 3 employees,

Plus 1 space per 2 bedrooms,

Plus 1 space per manager / caretaker,

Plus coach / taxi drop off / pick up point to be provided on site

 

Restaurant

1 space per 40m2 GFA for the first 80m2 then 1 space per 20m2 thereafter

 

Under the DCP, the existing restaurant generates a parking demand of:

80m2 x 1/40 + 744m2 x 1/20

= 39 spaces

 

The proposed hotel will generate a parking demand of:

 

825m2 (including bar trading areas, standing areas, lounge areas as well as outdoor balcony which has a bar component, excluding kitchen, amenities, plant rooms and void) / 6 + 20 staff / 3

= 144 spaces

 

The proposed change of use will generate a significant increase in car parking demand when assessed against the DCP numerical requirements, despite no changes being made to the floor space of the Aquarium level.

 

The existing building has not been configured to provide any off-street customer parking. However, the proposal is not considered to generate a high level of private car trips for the following reasons:

 

·           The proposed hotel use is unlikely to attract a high number of driving patrons due to their intention for alcohol consumption.

 

It is anticipated that a portion of the patrons who visit the premises by car would engage in car pool arrangement. To cater for driving patrons, there are two Council car parks located at the southern corners of the Arden Street and Dolphin Street intersection. Time-restricted kerb side parking is also available in the nearby local streets.

 

·           The site has convenient access to public bus services that provide connection to the Sydney CBD and other locations within the eastern suburbs.

 

Notwithstanding the above, the Development Application Form indicates that the closing time will be up to 12 midnight, presumably 7 days a week. The public buses (STA Sydney Bus) generally have their service level reduced after midnight. For instance:

 

-      Bus route 372 running from Coogee to Central has its last service at 11:25PM, Monday to Sunday. The services will not resume until the early morning on the next day.

-      Bus route 373 running from Coogee to Sydney CBD operates only 1 to 2 trips an hour after midnight during Fridays and the weekends.

 

Council presently does not operate any shuttle bus services for patrons to late night premises within the Randwick LGA.

 

Given the sheer size of the Aquarium level (see floor space figures above) and the absence of proposed restrictions on patron numbers in the application, the premises are capable of accommodating a large number of customers. The submitted Statement of Environmental Effects is silent on the traffic and parking issues, and does not assess the transport needs of the patrons at late night hours.

 

It is anticipated that a portion of the patrons would move to the ground and first levels of the Beach Palace Hotel after the Aquarium level is closed. However, considering the overall size of the building, the Beach Palace is capable of accommodating large numbers of customers well past midnight. It may take a long period of time before the patrons can be channelled away from the area. In this respect, the proposed change of use could add to the cumulative traffic and amenity impacts of the entire establishment. In the light of the significantly reduced level of public transport services, the traffic implications of the development is not considered to have been resolved and remain a key planning concern.

 

9.2    Section 94A Development Contributions Plan

The application does not propose any material building works and no contribution levies are required.

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.

 

Section 79C ‘Matters for Consideration’

Comments

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

Refer to the “Environmental Planning Instruments” section of this report for details. 

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

Not applicable.

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

Refer to the “Policy Control” section of this report for details.

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

Not applicable. 

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

The proposal has not included the essential information for Council to assess the range of fire safety measures required for the change of use. The application contains insufficient information to justify compliance with the provisions of Clause 93 of the Environmental Planning and Assessment Regulation 2000.

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

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

 

The proposed development is for a commercial use and is not considered to generate adverse economic impacts on the locality, subject to appropriate conditions.

 

The site is located in close proximity to Residential 2C Zones and shop top housing uses and the proposed change of use has noise implications on the amenity of the surrounding residences. However, the applicant has not submitted detailed acoustics assessment to demonstrate that the change of use will not create adverse impacts despite Council’s written information request.

 

Based on the current information, it cannot be established that the proposal will not result in detrimental environmental and social impacts on the locality.

 

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

The site has a long history of recreation and entertainment uses dating back to the late 19th century. Both the original and reconstructed buildings on the site have been purposely designed and constructed for commercial purposes. Given the site’s unique seaside location and proximity to local businesses and public open space, the proposed change of use to hotel premises could be suitable for the locality.

 

However, the site is located adjacent to a number of mixed commercial and shop top housing developments. Residential 2C zoned land which permits medium density residential developments are located to the north and west. Any change of use to hotel premises must have regard to the amenity of the surrounding residences.

 

The current application does not contain adequate information to ascertain the potential noise and amenity impacts on the nearby residential uses; nor does it specify clear design and management strategies to minimise the impacts.

 

Where appropriate mitigation measures are not implemented, the proposed premises could result in detrimental amenity impacts on the local residences and lead to an undesirable planning outcome. Based on the current information, it cannot be established that the site is 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 within the body of this report.

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

The proposal has not provided adequate evidence to justify that the premises will achieve a satisfactory level of fire safety and will not result in detrimental amenity impacts on the surrounding developments. Therefore, the proposal is not considered to be within the public interest and is not supported.

 

Nature and operational characteristics of the proposed land use

The application has not undertaken a proper assessment of the potential impacts created by the change of use. Specifically, it has not compared the differences in the nature and extent of environmental, social and economic impacts between a hotel and restaurant operation. In this regard, the application has not provided any convincing arguments for the hotel use except that the Beach Palace has had ‘strong compliance track record’ (pages 21-23 of SEE). The application should have taken the approach that assumes the hotel premises have never operated at the Aquarium level and proceed with assessment of the various aspects of the new use.

 

Furthermore, the application is lacking in the basic, crucial information relating to the operation of the premises:

 

·           The application has not provided clear information relating to the hours and days of operation. The Development Application Form stipulates 12 midnight as the closing time. However, it is unclear as to whether this applies to 7 days a week.

 

·           The application has not stipulated the maximum number of patrons permitted within the premises (including the indoor and outdoor areas) at any one time.

 

The previous Place of Public Entertainment (POPE) approval permitted a maximum number of 820 patrons at the Aquarium level. However, the amendments to the Environmental Planning and Assessment Regulation in 2009 have removed the requirements for a POPE.

 

The previous development consent (785/1998) for erection of glass windbreak and installation of bi-folding doors at the Aquarium level stipulates the following condition:

 

5.     The seating capacity of the restaurant (inside and outside) shall be restricted to 300 persons.

 

The bar trading areas, standing areas, lounge areas as well as the outdoor balcony at the Aquarium level amount to approximately 825m2. The sheer size of the top level is capable of accommodating a high number of patrons. This is especially the case for a hotel use which enjoys more flexibility in furniture layout than a typical restaurant. It should also be noted that the behaviour of patrons could be significantly different for a hotel as its primary purpose is the serving of beverages, of which the majority are alcoholic drinks.

 

Accordingly, the proposal could result in significant intensification of the use of the floor space.

 

·           The application has not included the details of any live entertainment to be provided in the premises.

 

Given the lack of key operational information, it is not possible to undertake an accurate and thorough assessment of the proposal. This matter is further elaborated in the paragraphs below.

 

Noise

The proposal involves the change of use of the second (Aquarium) level from a restaurant to a hotel.

 

The development application does not include any acoustics assessment report. The submitted documents do not contain any noise measurements, clear identification of expected noise sources, and estimation of potential noise emission associated with the changed usage of the Aquarium level; nor does it detail the necessary design measures required to achieve appropriate acoustic criteria.

 

Council’s Environmental Health Officer has advised that an acoustics report, prepared by an appropriately qualified and experienced consultant, is to be submitted to Council for assessment prior to determination of the development application. An amended plan of management that incorporates the recommendation of the acoustics report should also be prepared. Accordingly, a request for information dated 11 October 2010 was sent to the applicant. The applicant has confirmed by letter and email correspondence dated 26 October and 9 November respectively that the requested information will not be submitted.

 

It should be noted that the pre-lodgement comments from Council dated 12 August 2010 have already advised the necessity of submitting a professional acoustics report with the development application.

 

It is considered that the proposal carries a number of unresolved issues as follows:

 

·           The application fails to provide a proper and comprehensive noise assessment, which would include the identification of various noise sources from within the premises and potential noise receivers in the surrounding areas, the estimation of the likely noise emission levels, as well as the undertaking of relevant noise measurements to support the analysis.

 

This is problematic as the noise implication from a hotel use is highly likely to be different from that of a restaurant due to:

-    Changes in the dynamics of how the premises are operated.

-    Changes in the behaviour of the patrons as the primary function of the premises becomes the serving of drinks (a major proportion of which is alcohol) instead of food.

The previous Place of Public Entertainment (POPE) approval permitted a maximum number of 820 patrons at the Aquarium level. However, the amendments to the Environmental Planning and Assessment Regulation in 2009 have removed the requirements for a POPE. The application has not provided clear information relating to the proposed maximum number of patrons allowed at the Aquarium level or any current restrictions on patron numbers stipulated under the hotelier’s license.

 

The hotel operation is capable of accommodating more customers as a proportion of which can stand or sit on bar stools; whereas in a typical restaurant the furniture and seating are comparatively fixed and occupy more floor areas. Therefore, the change of use would contribute to intensification of noise emission due to a likely increase in the patron capacity of the premises. 

 

·           The application has not included any details relating to the nature, frequency, duration and music levels of any live entertainments proposed for the Aquarium level.

 

·           The Aquarium level contains a 9m wide balcony facing Dolphin Street, which returns to the Beach Street frontage. The proposal does not specify the opening and closing hours of the balcony and the maximum number of patrons permissible in the outdoor areas.

 

The interface between the balcony and the indoor space is defined by a series of bi-folding and sliding doors. It is a major concern that noise will be emitted to the surrounding areas whenever the doors are opened.

 

It is unclear as to whether the balcony doors will be closed at a certain time with the outdoor space ceases to be in active use. However, even when the doors are to be closed during late night hours, there will still be the possibility for intermittent noise emission from within the premises when patrons enter and exit the balcony (as a smoke terrace), unless access is fully denied by the management. Again, these operational details have not been provided in the application and the potential noise impacts cannot be assessed with certainty.

 

·           The existing building already contains hotel and night club elements at the ground and first levels respectively. The change of use of the Aquarium level to a hotel is likely to contribute to a cumulative increase in noise emission.

 

·           The application is deficient in critical information relating to the type, design, construction and location of noise mitigation measures, and their contribution to the achievement of appropriate noise criteria. It would appear that the premises require a range of physical mitigation measures to adequately contain noise emission, such as ceiling and wall mounted acoustic panels, floor covering, airlock, special glazing, treated internal partition walls and the like. Furthermore, the proposal does not detail the operational management measures to maintain the music volume to an acceptable level as well as to ensure orderly use of the balcony.

 

In particular, the sound insulation capability of the doors between the balcony and the interior space is unknown. It is unclear whether the external glazing is sufficient to contain noise even when the balcony doors are fully closed.

 

The effectiveness of noise mitigation measures will also need to be tested against appropriate noise control criteria.

 

The application fails to provide appropriate information addressing the above matters.

 

·           In relation to potential noise receivers, the site is located in proximity to Residential 2C zoned land to the north and west, which contains a range of medium density residential uses (refer to the zoning map below). The urban block within which the site is located also contains various shop top housing and apartment uses.

 

The application should have identified the various residential premises where the proposed development is likely to impact upon and estimated the degree of potential impacts based on relevant noise measurements.

 

Figure 5 Land use zone in the locality; Residential 2C Zones are located

to the north and west of the subject urban block

 

Based on the current information, it is not possible to establish that the proposal will not result in adverse and unreasonable noise impacts on the surrounding residences. The fact that the application seeks for retrospective approval does not negate the necessity of comparing the impacts between a restaurant and a hotel use, and the exploration of mitigation measures to minimise impacts on the surrounding sensitive residential uses.

 

Fire safety

Clause 93 of the Environmental Planning and Assessment Regulation 2000 provides for the following:

 

(1)    This clause applies to a development application for a change of building use for an existing building where the applicant does not seek the rebuilding, alteration, enlargement or extension of a building.

(2)    In determining the development application, the consent authority is to take into consideration whether the fire protection and structural capacity of the building will be appropriate to the building’s proposed use.

(3)    Consent to the change of building use sought by a development application to which this clause applies must not be granted unless the consent authority is satisfied that the building complies (or will, when completed, comply) with such of the Category 1 fire safety provisions as are applicable to the building’s proposed use.

 

Note: The obligation to comply with the Category 1 fire safety provisions may require building work to be carried out even though none is proposed or required in relation to the relevant development consent.

 

Council’s Building Surveyor has advised that there was a fire safety upgrading report previously prepared for the owners of the property by Raw Fire Safety Engineering, dated 25 June 2007. There is no evidence submitted with the application that the recommendations contained in the aforementioned report have been implemented in the premises. It was also advised that further information is needed to assess the suitability of the existing and proposed fire safety measures within the development, prior to any consent being granted for the proposal. Any fire safety upgrade may necessitate building works to be undertaken.

 

Accordingly, a request was made on 11 October 2010 for the submission of a report prepared by a qualified Building Code of Australia (BCA) consultant for Council’s consideration. The report is to undertake a BCA assessment of the existing building having regard to fire safety, and detail measures and upgrading works required to achieve an adequate level of fire safety for the occupants. This will include an analysis of the egress requirements to allow safe evacuation of the building occupants that satisfies the performance requirements of Parts C, D and E of the BCA Volume 1.

 

The applicant has confirmed by letter and email correspondence dated 26 October and 9 November respectively that the requested information will not be submitted.

 

It should be noted that the pre-lodgement comments from Council dated 12 August 2010 have already advised the necessity of submitting a professional fire safety report with the development application.

 

In the light of the lack of information relating to the existing fire safety condition of the building and the potential design changes and upgrading measures necessary to bring the building to an acceptable fire safety level, it is not possible to address and ascertain compliance with the provisions of Clause 93 of the Regulation.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Leadership in sustainability, excellence in urban design and development, a vibrant and diverse community, a liveable City.

Direction:  Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The subject application seeks approval for change of use of the second (Aquarium) level of the Beach Palace Hotel from a restaurant to a hotel.

 

The application does not provide the key operational information and has not undertaken a proper assessment of the potential impacts as a result of the change of use. Specifically, it has not compared the differences in the nature and extent of environmental, social and economic impacts between a hotel and restaurant operation.

 

The site is located in close proximity to residential developments. However, the submitted documents contain insufficient information relating to the potential noise emission. The application has not specified the details of the mitigation measures required to protect the amenity of the surrounding residential developments. Where appropriate mitigation measures are not implemented, the proposal would detrimentally affect the living amenity of the local residences and lead to a highly undesirable planning outcome.

 

The application is deficient in information relating to the existing fire safety condition of the building, and any necessary design changes and upgrade to ensure the safety of the occupants and neighbouring premises.

 

Furthermore, the application has not addressed the transport and traffic implications of the proposed change of use.

 

For the above reasons, it is recommended that the subject application be REFUSED.

 

 

Recommendation

 

That Council, as the consent authority, refuses consent to Development Application No. DA/649/2010 for change of use of the Aquarium (top) level of the Beach Palace Hotel from a restaurant to a hotel, at No. 169-181 Dolphin Street, Coogee, pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act 1979, as amended, for the following reasons:

 

1.     The application is deficient in the basic, essential information relating to the operational characteristics of the premises, including the hours and days of operation, permitted number of patrons and details of any live entertainment. The lack of information relating to the above critical parameters does not enable adequate assessment of the potential impacts.

 

2.     The application has not undertaken a proper assessment of the potential amenity impacts as a result of the change of use to a hotel. Specifically, it has not compared the differences in the nature and extent of environmental, social and economic impacts between a hotel and restaurant operation. The application has not provided any convincing argument to justify that the proposed hotel premises will not result in detrimental impacts on the locality.

 

3.     The proposal does not satisfy the objective for Zone No. 3A stipulated under Clause 13(c) of Randwick Local Environmental Plan 1998 (Consolidation) in that the submitted documents contain insufficient information relating to the degree of noise emission from the premises and details of appropriate mitigation measures. Consequently it cannot be justified that the proposal will not result in detrimental amenity impacts on the nearby residential zones.

 

4.     The application does not contain adequate information relating to the potential noise impacts on the residential uses in the vicinity, nor does it specify appropriate measures to mitigate the noise emission. Consequently, it cannot be justified that the proposal will not result in detrimental environmental and social impacts on the locality. Therefore, the proposal is not considered to satisfy the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

 

5.     The application has not adequately assessed the transport and traffic implications of the change of use to a hotel. In particular, the proposal has not addressed the transport needs of the patrons especially in late night hours when the service level of public transport is generally reduced. The application has not appropriately justified that the change of use will not result in adverse impacts on the amenity of the areas, and hence does not satisfy the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

 

6.     The site is located in close proximity to residential developments. The application contains insufficient information relating to the potential noise emission and details of appropriate mitigation measures. Accordingly, the proposal in its current form is not considered to have justified the suitability of the site for the proposed development. Therefore, the proposal is not considered to satisfy the provisions of Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, as amended.

 

7.     The application fails to provide adequate information relating to the existing fire safety condition of the building, and any necessary design measures and upgrade required to bring the building to an acceptable fire safety level. Therefore, the proposal is not considered to satisfy the provisions of Section 79C(1)(a)(iv) of the Environmental Planning and Assessment Act 1979 and Clause 93 of the Environmental Planning and Assessment Regulation 2000, as amended.

 

8.     The proposal in its current form is not within the public interest and does not satisfy Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

14 December 2010

 

 

 

Director City Planning Report No. CP116/10

 

 

Subject:                  1R Marine Parade, Maroubra (South Maroubra Surf Lifesaving Club)

Folder No:                   DA/956/2010

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     Alterations and additions to South Maroubra Surf Life Saving Club including enclosure of terrace on west side, infill of northern terrace, construction of new first floor terrace on east side and installation of lift

Ward:                      Central Ward

Applicant:                South Maroubra Surf Lifesaving Club

Owner:                         Randwick City Council

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 


1.    Executive Summary

 

The application is for a alterations and additions to South Maroubra Surf Life Saving Club including enclosure of terrace on west side, infill of northern terrace, construction of new first floor terrace on east side and installation of lift. The application is referred to Council as it involves an upgrade of a Council building.

 

The application was notified in accordance with Council’s DCP – Public notification. No submissions were received to the proposal.

 

The development enhances the amenity of the existing facility and incorporates good levels of environmental sustainability in its design and is in compliance with relevant planning controls. The proposal also has minimal environmental impact on the adjoining properties and the coastal foreshore given the moderate nature of the proposed alterations and additions which predominantly are related to improving the amenity of the existing building.

 

The applicant is seeking a waiver of the DA fees which will be the subject of a separate report to Council.

 

The application is recommended for approval subject to conditions.

 

2.      The Proposal

 

The proposal involves alterations and additions to the existing club house and principally involve the following:

 

·           An extension to the first floor level activity area, converting the existing northern terrace to an enclose activity area

·           Construction of a new terrace on the eastern side of the first floor level

·           Provision of access into the building for people with a disability, including through provision of a lower basement level entry ramp from the western side of the building and installation of a lift from that side providing access to the first floor level.

·           Minor internal alterations and upgrading of the exterior of the building to provide a more contemporary appearance

·           Construction of a raised slab to the western side of the building to facilitate the establishment of an entry to the ground level from the western side of the building

·           Install a new roofing system and associated drainage works.

 

More specifically, the proposed works involve the following details:



 

 

 

 

 

 

 

 

 

 

 

 


3.      The subject site and surrounding area

 

The existing South Maroubra Surf Life Saving Club sits on land comprising Lot 613 in DP 752015, which is located at the southern end of Maroubra Beach within a public reserve known as Arthur Byrne Reserve. The subject site is irregular in shape and has an area of approximately 17.2 hectares.

 

Aerial view of subject site

 

The Clubhouse is accessed from Bernie Kelly Drive which connects to Fitzgerald Avenue. The club house is surrounded to the north, south and west by the public reserve with the club carpark adjoining directly on the western and further on the south-western side; and to the east by the waterfront and ocean.

 

The existing clubhouse is a two storey plus basement level masonry building containing boat storage and public amenities on the basement level; kiosk, amenities, gym, lounge and bar and caretaker’s unit on the ground level; and meeting area with bar and food preparation area on the first floor.


 

Figure 1 – Existing west elevation

Figure 2 – Existing east elevation

 

4.      Site History

 

The following recent history is noted for the subject site: 

 

DA/1638/1999,     Alterations and additions to existing surf club - Approved on 4 April 2000

 

DA/734/2004,      New BBQ area for the existing Maroubra Beach Pavilion Café – Approved on 26 Nov 2004.

 

DA/798/2009,      Partial enclosure of existing outdoor area (western side) and shade cover over existing northern terrace to South Maroubra SLSC – Approved on 8 December 2009

 

5.      Community Consultation

 

The application was notified to immediately adjoining properties and advertised for 14 days from 10 to 24 November 2010 in accordance with the provisions of Council’s DCP – Public Notification. A sign was also placed on the site. No submissions were received.

 

6.      Technical Officers Comments

 

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

 

6.1    Development Engineers

The application was referred to Council’s Development Engineers for comment and no objections were raised to the proposed development. 

 

6.2    Building Services Comments

The application was referred to Council’s Building Services for comment. No objections were raised subject to conditions with any approval.

 

6.3    Environmental Health Comments

The application was referred to Council’s Environmental Health for comment. No objections were raised subject to conditions with any approval.

 


7.      Relevant Environmental Planning Instruments

 

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

 

7.1    Randwick Local Environmental Plan 1998

The site is zoned Zone 6A – Open Space under the Randwick LEP 1998 (Consolidation) The proposed development will be permissible with Council’s consent under the zoning.

 

The following relevant clauses apply to the proposal:

 

Clause 18          Zone No 6A (Open Space Zone)

Clause 22          Services

Clause 38          Development in open space zones

 

Randwick Local Environmental Plan 1998

Clause 18 Zone No. 6A

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

 

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

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

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

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

·      to enable the sustainable management of the land.

 

The proposal is considered to be consistent with the zone objectives primarily because it is development that is related to the use and enjoyment of the open space comprising primarily Maroubra Beach for recreation through the promotion of surf life-saving. In particular, the proposal will improve the amenity and function of the existing club for public use as well as making the club more sustainable in its design. Additionally, the proposed activity will not adversely impact the aesthetic character, environmental qualities and social amenity of the locality.

 

Clause 22  Services

The Council may grant consent to the carrying out of development on any land only where it is satisfied that, when relevant to the proposed development, adequate facilities for the supply of water and for the removal or disposal of sewage and drainage are available to that land.

 

The proposed works relate to an existing facility that is already well served by utilities and services. Furthermore, these services will be adequate for the proposed additions to the Clubhouse. Conditions will be applied in the recommendation that detail specific requirements.

 

Clause 38 Development in open space zones

Clause 38 (1) requires that the determination of any development application for development within open space zones must consider the following:

 

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

 

Comment:    The proposal is needed to improve the amenity of the existing South Maroubra Surf Life Saving Club and accessibility of the existing premises for disabled people, as well as to provide additional space for club activities and functions allowing for more flexible scheduling of community use of the facility.

 

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

 

Comment:    Part of the proposal involves enhancement of the area of the club’s surf-life activities including the use and enjoyment of the open space comprising Maroubra Beach for recreation through the promotion of surf life-saving. The proposal will also improve the accessibility and amenity of the club house all of which are elements that contribute towards the sustainable use of the existing open space.

 

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

 

Comment:    The proposed works will improve the function of the surf club by bringing it up-to-date in terms of urban design, amenity and community use with a view to a future long term goal of maintaining open access to surf life saving activities to all members of the community and educating the community of such activities.

 

(d)    the need to retain the land for its existing or likely future use

 

Comment:    The existing surf club will continue to be used by a range of community groups. The alteratjons and additions will enhance the function of the existing centre to become even more engaging and relevant to the community into the future. 

 

7.2    State Environmental Planning Policies

State Environmental Planning Policy 71

This policy aims to:

 

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

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

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

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

·           protect and preserve beach environments and beach amenity, and

·           protect and preserve native coastal vegetation, and

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

·           protect and preserve rock platforms, and

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

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

·           encourage a strategic approach to coastal management.

 

The proposed development is a moderate addition to the existing surf club building and is not in conflict with any of these aims, or those matters for consideration set out in Clause 8 of the policy.

 

8.      Policy Controls

 

The following policy controls are relevant to the application:

 

Development Control Plan – Parking

Based on the DCP – Parking requirement for “clubs”, the applicant’s SEE advises that the existing use on-site generates a total of 124 spaces (see table below) which includes the proposed enclosed activity area on the first floor as this is already a trafficable area used for activities.

 

The specific use that would generate additional carparking under the current proposal is the proposed new eastern terrace amounting to 125 sqm which will generate 21 additional carspaces. The applicant advises that there are 151 existing car spaces available in designated public carparks within short distance from the club house to the west and south-west of the club. As these carparking spaces are used also by the general public attending Maroubra Beach, a parking analysis has been undertaken by the applicant to provide an indication of how the parking demand of the proposed development would be met relative to the general public demand. This analysis comprised an aerial photograph of the carpark on different dates from November 2009 to August 2010 which indicates that the parking vacancy is predominantly in excess of 100 carspaces on most days except for the Christmas period and summer school holidays when the vacancy is about 50 spaces. It should be noted that the analysis of the impact of the propose development is only relevant in so far as it generates a new carparking demand related to the proposed additional floor space, which, as indicated in the applicant’s SEE:

 

 

This analysis is considered reasonable and acceptable especially in light of the ready availability of public carparking adjacent to the existing surf club and the intermittent intensity of the clubhouse events which are normally held at night.

 

Maroubra Beach Plan of Management 1996

The Maroubra Beach Plan of Management 1996 is required to be considered for any proposed development in Maroubra Beach having regard to Clause 35 of the NSW Local Government Act, 1933.  The Plan of Management calls for the “effective utilisation of the recreational and community areas of Maroubra Beach which responds and satisfies community needs and wants”. Specifically, the Plan of Management contains amenity and design policy provisions in Part 5 and management zone provisions in Part 6.

 

In terms of amenity and design policy provisions (Part 5) of the Plan, the proposal will achieve strong design ethic and commitment in the use of quality building material and finishes given the proposal’s objective to modernizing the visual presentation of the club building. Furthermore, this design objective will engender community pride and participation.

 

In regard to management zone provisions (Part 6), the proposal responds to and satisfies community needs and wants by improving the functionality of the existing surf clubhouse and enhancing the amenity of the facility for the community.

 

Coastline Hazard Manual

Section 733 Local Government Act

A council does not incur any liability in respect of anything done or omitted to be done in good faith (that is, substantially in accordance with the principles contained in the State Government’s Coastline Management Manual) in so far as it relates to the likelihood of land being affected by a coastline hazard.

 

The proposal is a moderate addition to the existing surf club building that has existed for a number of decades on a site that has been reasonable stable and unaffected by coastline hazard. Accordingly, the proposal is not inconsistent with the principles and recommendations of the NSW Coastline Management Manual.

 


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.

 

 

Section 79C ‘Matters for Consideration’

Comments

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

Refer to the “Environmental Planning Instruments” section of this report for details.

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

Not applicable.

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

Refer to the “Policy Control” section of this report.

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

Not applicable.

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

Clause 7 of the EP&A Regulation 2000 requires the consent authority to consider the provisions of the Building Code of Australia. Accordingly, an appropriate condition is recommended to address the above matter.

 

Clause 93 of the Regulation requires the consent authority to consider the structural capacity and fire safety aspects of a building. Appropriate conditions are recommended to address the above matters.

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

The environmental impacts of the proposed development on the natural and built environment have been assessed and it is considered that the subject site does not contain any significant vegetation and/or native fauna on-site given the existing clubhouse facility. In other words, the proposed works will occur within existing disturbed areas of the site and therefore would not introduce any impacts to existing natural vegetation or wildlife in other parts of the subject site.  Additionally, SEPP 71 has been considered above and there are no significant matters that arise that would warrant further assessment. The proposed development is consistent with the open space zoning of the subject site.

 

In terms of urban design, the existing physical form of the surf clubhouse will remain unchanged except for the a moderate increase in bulk over the existing northern terrace on the first floor which is proposed to be enclosed to form an additional activity space for the club. The visual bulk of this addition will be minimized by the use of a single-plane low pitching roof. The façade of the existing clubhouse will also be improved and modernised primarily by the use of new façade materials and colour, and by placing the new lift and associated foyer within a vertically proportioned solid enclosure with a prominent single lean pitched roof and glazed elements to provide an overall visual interest.

 

The proposed alterations and additions will augment an already low to medium scale clubhouse surrounded by Maroubra Beach on the eastern side and the Arthur Bryne Reserve on the north, south and western sides. As such, the proposal is not considered to give rise to any adverse amenity impacts to any residential uses in terms of solar access, privacy and views especially given that the nearest residential property is some 250m away to the west.

 

The proposal is not considered to result in detrimental social or economic impacts on the locality. An acoustic report lodged with the application indicates that the proposal would comply with relevant acoustic regulations and would not generated unacceptable acoustic impacts, and has been assessed as satisfactory by Council’s Environmental Health Officer subject to appropriate conditions.

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

The site contains the existing South Maroubra Surf Life Saving Club on land zoned open space in which the proposed works are permissible. This site is considered to be suitable for the proposed development given the existing facility on-site. The site is also located at a significant distance from existing residential properties such that activities associated with the clubhouse will have minimal impacts on these residential areas. 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

No submission was received in response to the notification of the proposal. 

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

The proposal is not considered to result in significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered satisfactory in public interest terms.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:           Excellence in urban design and development.

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

Outcome 11:         A healthy/sustainable environment.

Direction 11a:        Council is a leader in fostering sustainable practices.

 

Conclusion

 

The proposal complies with the relevant assessment criteria and objectives of the Randwick LEP 1998 (Consolidation). The proposed works relate to, and seek to enhance, the existing South Maroubra Surf Life Saving Club. Approval of the proposed works will not result in any significant additional impacts upon either the amenity of the locality or the streetscape.

 

Overall, the additions are considered to relate to the use and enjoyment of the land in its ‘open space zone’ capacity and because the additions are moderate, the impacts on the character of the land and its existing and future uses are acceptable.

 

The recommendation is for approval of the application subject to conditions.

 

 

Recommendation

 

A.     That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/956/2010 for the alterations and additions to South Maroubra Surf Life Saving Club including enclosure of terrace on west side, infill of northern terrace, construction of new first floor terrace on east side and installation of lift at 1R Marine Parade, Maroubra, subject to the following conditions:

 

REFERENCED PLANS:

 

1.       The development must be implemented substantially in accordance with the plans numbered DA-01, Issue A, dated 30.09.2010, and received by Council on 1 November 2010, the application form, and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

1.       The operating hours of the South Maroubra Surf Club are restricted to the following:

 

          Monday to Sunday :   9.00am to 12 midnight

 

2.       The L10 noise level emitted from the licensed premises shall not exceed the background noise level (L90) in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) by more than 5dB between 7.00am and 12.00 midnight at the boundary of any affected residence.  The background noise level shall be measured in the absence of noise emitted from the premises.

 

          The LA10 noise level emitted from the premises shall not exceed the background noise level (LA90) in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) between 12.00 midnight and 7.00am at the boundary of any affected residence.  The background noise level shall be measured in the absence of noise emitted from the premises.

 

          Notwithstanding compliance with the above, the noise from the premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am. 

 

3.       An acoustic report, prepared by a suitably qualified and experienced consultant in acoustics, must be provided to the Council within 4 weeks of commencement of use of the premises on completion of proposed works, which demonstrates and confirms that the relevant provisions of the Protection of the Environment Operations Act 1997 and the noise criteria and requirements contained in this consent continues to be satisfied (including reference to the relevant approved acoustic report and recommendations).  The assessment must include (but not be limited to):

 

·      Monitoring from the nearest affected residential premises,

·      Monitoring and assessment during the use and operation of the premises when the maximum occupancy is present,

·      Compliance monitoring shall be carried out during the times when the nearby residential and public domain areas are likely to be most affected, this shall include (but not be limited to) the hours of operation on a Friday and/or Saturday night or when a scheduled event is proposed,

·      Ensure the break out of any internal noise complies with the set criteria. If not, nominate the necessary and required measures to ensure compliance,

·      The report must include all relevant fixed and operational noise sources.

 

4.       A plan of management shall be submitted to and approved by Council prior to commencement of use , which details the measures to be implemented to:

 

·              manage and maintain a formal and documented system for the recording and resolution of complaints made to the licensed premises by residents. All complaints are to be attended to in a courteous and efficient manner and referred promptly to the licensee or duty manager. The appropriate remedial action, where possible, is to be implemented immediately and the licensee or duty manager is to contact the complainant within 48 hours to confirm details of action taken. Upon reasonable prior notice, the licensee must make available the incident book to the NSW Police and/or Council officers.

·              ensure compliance with the relevant conditions of approval,

·              minimise the potential impact of the operation of the premises upon nearby residents and the public domain,

·              effectively minimise and manage anti-social behaviour which affects the surrounding environment, including the installation of patron advisory signage,

·              minimise noise emissions and associated nuisances,

·              effectively manage and respond to resident complaints,and

·              ensure responsible service of alcohol and harm minimization.

 

The management measures and procedures stipulated in the relevant management plan for the club premises shall be followed at all times.

 

5.       Any external lighting must not cause a nuisance to nearby residents or motorists.

 

6.       The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

7.       The use and operation of the premises shall not give rise to an environmental health nuisance to the adjoining/nearby premises or the environment.

 

8.       There are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulation.

 

9.       Details of all proposed mechanical plant and compliance with the Building Code of Australia shall be submitted with the Construction certificate to the certifying authority.

 

The following conditions are applied to ensure compliance with the Food Act 2003 and to ensure public health and safety:

 

10.     The premises is to be designed, constructed and operated in accordance with the Food Act 2003, Food Regulation 2004, Australia & New Zealand Food Standards Code and Australian Standard AS 4674-2004, Design, construction and fit-out of food premises and details of compliance are to be included in the documentation for the construction certificate to the satisfaction of the certifying authority.

 

11.     Food safety practices and operation of the food premises must be in accordance with the Food Act 2003, Food Regulation 2004, Food Standards Code and Food Safety Standards at all times, including the requirements and provisions relating to:

 

·     Food handling – skills, knowledge and controls.

·       Health and hygiene requirements.

·       Requirements for food handlers and businesses.

·       Cleaning, sanitising and maintenance.

·       Design and construction of food premises, fixtures, fitting and equipment.

 

A failure to comply with the relevant food safety requirements is an offence and may result in legal proceedings, service of notices and/or the issuing of on-the-spot penalty infringement notices.

 

12.     The food premises must be registered with Council's Environmental Health section and the NSW Food Authority must also be notified of the food business in accordance with the Food Safety Standards, prior to commencement of food business operations.

 

13.     Upon completion of the work and prior to the issuing of an occupation certificate, the premises must be inspected by Council’s Environmental Health Officer to ascertain compliance with relevant Food Safety Standards and the written approval of Council (being the relevant Food Authority for this food business) must be obtained prior to the operation of the food business.

 

14.     The Proprietor of the food business and all staff carrying out food handling and food storage activities must have appropriate skills and knowledge in food safety and food hygiene matters, as required by the Food Safety Standards.

 

15.     Wash hand basins (and soap & towel dispenser) must be provided within the food preparation area and bar. The basins are to be provided with hot and cold water via a suitable mixing device.

 

16.     Adequate provisions are to be made within the premises for the storage, collection and disposal of trade/commercial waste and recyclable materials, to the satisfaction of Council.

 

17.     There are to be no emissions or discharges from the premises which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

The following conditions are applied to satisfy relevant legislative requirements and to provide reasonable levels of health, safety and amenity:

 

Building regulation & construction

 

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

 

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

 

3.       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).  Details of compliance are to be provided in the construction certificate.

 

4.       Prior to the commencement of any building (including ‘fit-out’ works), a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

5.       The following works are to be carried out to ensure minimum levels of fire safety are provided in existing buildings:-

 

Carry out the upgrade recommendations in the BCA compliance report prepared by Trevor R Howse & Associates dated 28 October 2010, ref:J10141A&B and full details are to be incorporated in the documentation for a construction certificate.

 

6.       Prior to the commencement of any building or ‘fit-out’ works, the person having the benefit of the development consent must:-

 

·       appoint a Principal Certifying Authority for the building work, and

·       appoint a principal contractor for the building work and notify the Principal Certifying Authority and Council accordingly in writing, and

·       unless the person having the benefit of the consent is the principal contractor, notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

·       give at least two days notice to the Council, in writing, prior to commencing building works.

 

7.       The works must be inspected by the Principal Certifying Authority, 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.

 

8.       An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation or use of the development encompassed in this development consent (including alterations, additions and ‘fit-out’ work 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.

 

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

 

9.       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.

 

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

 

The Fire Safety Certificate must include details of all of the fire safety measures contained in the building as detailed in the fire safety schedule attached to the Construction Certificate.

 

Prior to issuing any Occupation Certificate the Principal Certifying Authority must be satisfied that all of the relevant fire safety measures have been included and are sufficiently detailed within the Fire safety Certificate. A copy of the fire safety certificate must be displayed in the building near the entrance and a copy must be forwarded to the NSW Fire Brigades.

 

An annual Fire Safety Statement is also required to be submitted to the Council and the NSW Fire Brigades, each year after the date of the Fire Safety Certificate, in accordance with the Environmental Planning & Assessment Regulation 2000.

 

11.     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.

 

12.     A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to issuing an occupation certificate, which confirms that any structural works satisfy the relevant structural requirements of the Building Code of Australia and approved design documentation.

 

13.     Demolition, excavation and building work 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, to the satisfaction of the Principal Certifying Authority.

 

If necessary, 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, to the satisfaction of the Principal Certifying Authority. 

 

14.     Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers or the like

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Internal work only within a commercial or industrial development, located in a commercial or industrial zone, which is not audible within any residential dwelling or commercial or industrial premises

·   Monday to Saturday - No time limits (subject to column 1)

·   Sunday & public holidays - No work permitted

Additional requirements for all development (except for single residential dwellings)

·   Saturdays and Sundays where the preceding Friday and/or the following Monday is a public holiday - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management 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 approved Construction Site Management Plan must be maintained on site and be made available to Council officers upon request.

 

16.     Public health, safety and convenience must be maintained at all times during demolition and building works and the following requirements must be complied with at all times (as applicable):

 

a)     Demolition work must be carried out in accordance with Australian Standard, AS2601 (2001) - The Demolition of Structures and a Demolition Work Plan is required to developed and implemented to the satisfaction of the Principal Certifying Authority prior to commencing any demolition works.

 

b)     The demolition, removal, storage and disposal of any materials containing asbestos must be carried out in accordance with the relevant requirements of WorkCover NSW, Council’s Asbestos Policy and the following requirements:

 

·         A licence must be obtained from WorkCover NSW for the removal of friable asbestos and or more than 10m2  of bonded asbestos (i.e. fibro)

·         Asbestos waste must be disposed of in accordance with the Protection of the Environment Operations Act 1997 & relevant Regulations

·         A sign must be provided to the site/building stating “Danger Asbestos Removal In Progress”

·         A Clearance Certificate or Statement must be obtained from a suitably qualified person (i.e. Occupational Hygienist) upon completion of the asbestos removal works, which is to be submitted to the Principal Certifying Authority and Council prior to issuing an Occupation Certificate.

 

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.

 

c)     A sign must be provided and maintained in a prominent position, which contains the following details:

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

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

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

 

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

 

e)     A Road / Asset Opening application must be submitted to and be approved by 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 an occupation certificate for the development. For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

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

 

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

 

h)     During demolition and construction, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to the satisfaction of Council.

 

i)      Public safety must be maintained at all times and public access to any demolition and building works, materials and equipment on the site is to be restricted. If necessary, a temporary safety fence or hoarding is to be provided to protect the public. 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.

 

If necessary, an awning or other adequate protection is to be provided to prevent any articles from, or in connection with the work from falling into the public place or adjoining premises.

 

A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the site which comprise any works or hoisting of materials over a public footway or adjoining premises or, any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.

 

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

 

If it is proposed to locate any site fencing, hoardings or items upon any part of the footpath, nature strip or any public place, a Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services department beforehand. Details and plans are to be submitted with the application, together with payment of the weekly charge in accordance with Council’s adopted Pricing Policy.

 

j)      The owner/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to Council.

 

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

 

Noise and vibration from any rock excavation machinery, 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 and Vibration Management Plan, prepared in accordance with the DECC Construction Noise Guideline, by a suitably qualified person is to be implemented throughout the works, to the satisfaction of the Council.  A copy of the plan must be provided to the Principal Certifying Authority and Council prior to the commencement of site works.

 

Access & facilities

 

18.     Access and facilities for people with disabilities must be provided to the new building work, in accordance with the relevant provisions of the Building Code of Australia, to the satisfaction of the Certifying Authority and details are to be provided with the Construction Certificate application.

 

Services

 

19.     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 the proposed works are suitable, the plans will be appropriately stamped by Sydney Water or their Agent.  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 is required to ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans prior to the commencement of any building works.

 

Advisory

 

A1.     The assessment of this development application does not include a full assessment of the proposed building work under the Building Code of Australia (BCA).

 

All new building work must comply with the BCA and relevant Australian Standards and details of compliance must be provided in the Construction Certificate application.

 

A2.     In existing buildings, the levels of fire and occupant safety should be upgraded where necessary and details should be incorporated in the Construction Certificate to the satisfaction of the Certifying authority.

 

Where the levels of accessibility to existing buildings do not meet current standards, if practicable, the level of accessibility should also be upgraded in conjunction with the proposed development  and details included in the construction certificate application.

 

Building owners, applicants and builders are advised to liaise with the appointed Certifying Authority prior to lodgement of the Construction Certificate.

 

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

14 December 2010

 

 

 

Director City Planning Report No. CP117/10

 

 

Subject:                  1-53R Yorktown Parade, Maroubra (Coral Sea Park)

Folder No:                   DA/937/2010

Author:                   Roger Quinton, Coordinator Development Assessment     

 

Proposal:                     Installation of 8 additional 24 metre high light towers, upgrade of lighting fixed to four existing light towers 

Ward:                      Cental Ward

Applicant:                Randwick City Council

Owner:                         Randwick City Council

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 


1.    Executive Summary

 

The development application is referred to the ordinary meeting of Council as the application involves works in a Council park. The subject application was submitted on 27 October 2010 and subsequently notified and advertised for a 14 day period. No submissions were received.

 

The application has been assessed against the relevant heads of consideration prescribed under Section 79C of the Environmental Planning and Assessment Act.  This process included having regard to relevant provisions of Randwick Local Environmental Plan 1998 and the Local Government Act 1993.

 

Issues considered in the assessment are the effects on adjoining properties in terms of light spill and traffic impacts. The use of the park for “recreation” does not require development consent. While the application notes the intended use for organized sport activities, the development consent (if granted) would only need to apply to the installation of the light structures as “recreation” uses do not require development consent pursuant to the Randwick LEP 1998. Additionally, Council can control the intensity of the use of the park and hence, the impact generally on the locality, via the number of bookings it allows to members of the public.

 

It is expected that existing recreational uses (both active and passive) will continue to use the park if lighting is provided.  These uses can also be undertaken during the summer months when lighting is not required.

 

The proposed development would improve the public’s access to public parkland, with likely beneficial impacts in terms of local population general physical and social well being. The proposed lighting would allow the park to achieve improved utilisation. The proposed development is in compliance with the controls and objectives of Randwick LEP 1998 and responds to the constraints presented by the site in terms of the amenity of the adjoining residential dwellings. It is considered that the proposal, on balance, is satisfactory from an environmental planning perspective. It is recommended the application be approved, subject to conditions.

 

2.    The Proposal

 

The development application proposes the installation of 8 additional 24 metre light towers and the upgrade of lighting fixed to the four existing light towers. The purpose of the work is to allow for greater use of the open space, specifically use of the sports field for organised sports training sessions until 9pm on Tuesday, Wednesday and Thursday nights.

 

In detail the proposal involves the following:

 

·           Excavation to create a suitable base for the light poles;

·           Installation of 8 additional 24 metre high light towers;

·           Excavation and trench digging to supply electrical infrastructure to the light towers;

·           Upgrade the lighting fixed to the four existing poles;

·           Attachment of light arrays to the new poles;

·           Use of the sports field for organises training on Tuesday, Wednesday and Thursday nights until 9pm.

 

The area to be lit by the proposed lighting is nominated as the principal playing area and is shown in the lighting report prepared by Sylvania Lighting Australia.

 


3.    The Subject Site and Surrounding Area

 

Coral Sea Park is located in the Randwick Council Local Government Area (LGA) and is approximately 57,000 m in area. Coral Sea Park is bounded by Yorktown Parade, Chester Avenue, Midway Drive and the eastern boundary has residential properties that front Collier Place and Sims Grove.

 

Existing park facilities include recreation facilities for soccer or cricket. A small change room is located in the northern portion of the park and cricket nets are located in the north-western part of the park. A children’s playground is located at the southern edge of the park, fronting Midway Drive.

 

The park does not contain any endangered environmental features such as remnant bushland vegetation, or rock outcrops or watercourses. The park does contain prominent trees along the perimeter of the park.

 

The centre of the park is clear of vegetation and contains five sports fields which are serviced by lights mounted on four light poles.

 

4.    Community Consultation

 

The proposal has been notified and advertised for a two week period until 24 November 2010 in accordance with the requirements of the Development Control Plan Public Notification of Development Proposals and Council Plans. No submissions were received.

 

5.    Technical Officers Comments

 

The application has been discussed with relevant technical officers where required and comments have been incorporated into this report.

 

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

- Local Government Act 1993

 

7.      Section 79c Assessment:

 

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

(7.1)          Randwick Local Environmental Plan 1998

Zoning and Permissibility

The site is zoned 6A Open Space under Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent. There are no statutory standards with, which the proposal should comply with. The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause 18 (1) - Objectives for 6A Open Space Zone

Clause 38 - Development in Open Space

Part 4 - Heritage;

Part 4A - Natural Heritage Provisions.

 

An assessment pursuant to the requirement of Clause 18(1) which sets out the zone objectives is provided in the following table.

 

Clause 18(1)

Assessment

The objectives of Zone No 6A are:

 

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

The subject proposal does not seek to alter the use of the land for public recreational purposes but to increase the capability of utilising the public land for this purpose.

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

The proposed installation of additional lighting will enable greater utilisation and enjoyment of the public open space

(c) to identify and protect land intended to be acquired for public open space, and

The subject site is currently nominated for use as public open space.

(d) to identify and protect natural features that contribute to the character of the land, and

The park does not contain any known endangered environmental features such as remnant vegetation, or rock outcrops or water courses.

 

The excavation work associated with installation of the proposal poles is minor and will have negligible impact on existing natural features and systems of the site.

(e) to enable the sustainable management of the land.

The proposal enables the sustainable management of the land by satisfying the Action Plan nominated in the ‘Neighbourhood Parks Generic Plan of Management’ document. Compliance with the Plan is outlined in section 8.2 of this report.

 

An assessment pursuant to the requirement of Clause 38 is provided in the following table.

 

Clause 38

Assessment

(1) repealed

No assessment required.

(2) When determining an application for consent to carry out development on land within zone No 6A or 6B, the Council must consider

 

(a) the need for the proposed development on that land, and

The applicant has referenced the community demand for organised football in the area along with the absence of suitable alternative training facilities.

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

The proposed development, as well as enabling an increase in the use of the park for organised football activities will also improve the safety of other park users. 

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

The subject park is currently used for social recreational activities and is also used as a sports field. It is considered that the proposed additional lighting will promote these uses and will not result in any negative impacts on the existing or likely future use and character of the park.

(d) the need to retain the land for its existing or likely future use.

The existing use of the park for social recreation and as a sports field will continue.

(2A) Despite clause 18, the Council may grant consent to the development of land within Zone No 6A for purposes (including business premises) permitted by a plan of management adopted by the Council and prepared in accordance with the requirements of the Local Government Act 1993 for the land in question, provided it is satisfied that the proposed development is suited to a location in that zone.

The installation of lighting is considered to be ancillary to the use of the land as a public park for social recreation and sports field ground uses.

 

The proposal is assessed against the Plan of Management in Section 8.2 of this report.

(2B) Despite clause 19, the Council may grant consent to the development of land within Zone No 6B for the purpose of business premises, but only if it is satisfied that the proposed development is, having regard to the requirements of subclause (2), suited to a location in that zone.

The subject proposal does not seek to provide a business.

(3) The owner of any land within Zone No 6A, not being Crown land or land owned by the Council, may, by notice in writing, require the Council to acquire the land.

The land is owned by Randwick City Council.

(5) Any land within Zone No 6A which is not under the ownership of the Crown or the Council may (with the consent of the Council) be used for any purpose which is permissible (either with or without development consent) on land adjoining the land in question, prior to that land being acquired by the Council.

The land is owned by Randwick City Council.

 

Part 4 – Heritage

In accordance with Randwick LEP 1998, the subject site is not identified as a Heritage Item and is not located within a conservation area. The site is not situated in the vicinity of a heritage item or a conservation area.

 

Part 4A - Natural Heritage Provisions

This Part relates to land zoned 7 and therefore does not apply to the site and the proposed development.

 

Landscaping

The proposal will have little impact on the trees surrounding the park.  The lights have been sited in from the tree canopy and directed to the centre of the park. The proposed lighting will therefore not result in any significant light spill upon the tree canopy, thereby minimizing impacts on the trees and any fauna that may inhabit the trees.

 

Height and Form

The proposed lighting has been designed in accordance with the two (2) relevant Australian Standards governing outdoor lighting systems being AS/NZS 4282-1997 “Control of the Obtrusive Effects of Outdoor Lighting” and AS /NZS 2560.2.3 “Lighting for Football (all codes)”.

 

The light spill levels at adjoining residential properties resulting from the proposal will be less than the maximum permitted glare rating set out in the Australian Standards.

 

The eight additional light towers will be compatible with the existing light poles and will not be visually intrusive in the locality and will not adversely impact on any natural features in the area.

 

Visual & Acoustic Privacy

The light poles are considered to have a non-intrusive scale and mass and are compatible with the surrounding environment. Accordingly, the proposal will not have an adverse visual impact on the natural features that contribute to the character of the park and will not result in significant visual impacts upon the locality.

 

Some noise and vibration will occur during construction from the use of machinery; however, these works will be restricted to standard construction hours over a limited timeframe. Given the minor nature of the works, adjoining properties will not experience any significant impacts. Environmental management measures will be implemented prior to commencement of construction works to ensure the minimisation of disturbance.

 

The operation of the light poles will not result in any noise emission that would create any adverse noise impacts upon adjoining residents or park users.

 

The use of the park for organised sports training sessions will result in an increase in noise impacts. However, such noise impacts are considered compatible with the noise impact associated with a public park and these events will cease by 9.00pm on the three (3) nights a week which they will occur. It is noteworthy that other sporting activities can occur freely any night of the week during summer months when daylight hours are longer.

 

The lighting design has been prepared to comply with the relevant AS/NZS 4282-1997 Control of Obtrusive Lighting Effects from Outdoor Lighting which serves to consolidate the amenity of private property from outdoor lighting.

 

Traffic

The proposed installation of additional light poles will increase the availability of the park for use. Principally the development has been proposed to facilitate organized sporting activities on Tuesday, Wednesday and Thursday nights. As there are existing floodlights at the park and it is only proposed to use the park for organized sport on three nights, likely traffic and parking impacts from the proposal are considered to be acceptable given:

 

§  The existing supply of on-street parking spaces directly adjoining the site on Yorktown Parade, Midway Drive and Chester Avenue is capable of accommodating the expected parking demand;

§  There is adequate capacity in the surrounding road network to cater for the traffic generated by the proposed development.

 

In addition, Council can mitigate adverse impacts upon the surrounding locality due to the use of the park through the use of its booking system for public park usage should problems arise.

 

7.2  Local Government Act 1993

Neighbourhood Parks Generic Plan of Management

 

An assessment of the subject proposal against the provisions of the Action Plan contained in the Neighbourhood Parks Generic Plan of Management is provided in the table below:

 

Action

Assessment

Issue 1

Management Planning

The proposal allows for the use of the park by all sectors of the community, including residents, existing passive recreation and organised recreation.

Issue 2

Recreation

The inclusion of additional lighting will allow increased recreation capability for all members of the community e.g. joggers and walkers as well as more formalised recreation.

Issue 3

Visitor Management

Visitor Management will not be significantly altered as a result of this proposal.  The use of the park by nominated user groups also allows greater control over the terms of that use.

Issue 4

Communication

The upgrading of the lighting has been instigated in conjunction with a major user of the park, being a local soccer club.

 

The application was notified and advertised in accordance with Council policy.

Issue 5

Design and Vegetation

The amount of grass space available for recreation or social activities will not be reduced by the installation of the light poles.

Issue 6

Maintenance, Safety & Risk

There will not be any significant maintenance or safety risks as a result of the lighting installation, in compliance with the Action Plan.

 

Issue 7

Funding

‘Funding’ is allocated for the floodlighting per Randwick Council’s Capital Works programme with additional grant funding assistance from the soccer club.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome (5):     Excellence in recreation and lifestyle opportunities.

Direction (5a):   maximise opportunities for residents and visitors to enjoy both active and passive open space uses.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 


Conclusion

 

The development proposed under this application meets the objectives and performance requirements of the Council. The proposal will not result in any significant adverse impact upon either the amenity of the adjoining premises or the character of the park and its locality. The proposal will increase access by members of the public to public facilities with potential social and physical improvements for the local population. It is recommended the development application be approved subject to compliance with 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. DA/937/2010 for installation of eight additional 24 metre high light towers, upgrade of lighting fixed to four existing light towers and associated works, at No. 1-53R Yorktown Parade, Maroubra (Coral Sea Park), subject to the following conditions:

 

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

 

1.      The development must be implemented substantially in accordance with the plans entitled “Site Plan; Proposed Lighting Upgrade Coral Sea Park Maroubra” and stamped received 27/10/10, “Lighting Engineering and Design Job No. N2974-R1” dated 15/3/10 and stamped received 27/10/10, the application form and supporting information received with the application and associated photomontages and lighting projections.

 

2.      A certificate from a suitably qualified person in outdoor lighting systems shall be submitted to the Director City Planning which certifies that the proposed lighting complies with Australian Standards AS/NZS 4282-2997 Control of Obtrusive Lighting prior to the commencement of the use of the sports fields for football activities.

 

3.      The light towers must only be operated on Tuesday, Wednesday and Thursday nights up until 9:00pm.

 

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

 

4.      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 satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

5.      The use and operation of the premises shall not give rise to an environmental health or public nuisance and there are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

6.      The installation and operation of the light poles is to be in accordance with the requirements of AS/NZS 2560.2.3: Sports lighting-lighting for football (all codes) and AS/NZS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting.

 

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:

 

7.      The use and operation of the light poles and sports ground shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

 

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

 

8.      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.

 

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

 

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

 

11.     Prior to the commencement of any works, the person having the benefit of the development consent must:

 

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

ii)     appoint a principal contractor for the work and notify the Principal Certifying Authority and Council accordingly in writing, and

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

iv)    give at least two days notice to the Council, in writing, of the person’s intention to commence works.

 

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

 

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

 

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

 

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

 

13.     A sign must be erected and maintained in a prominent position on the site, 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”.

 

14.     An Occupation Certificate must be obtained from the Principal Certifying Authority encompassed in this development consent, 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.

 

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

 

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

 

16.     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.

 

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:

 

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

 

18.     All excavations and backfilling associated with the erection of the light towers 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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Development Control Plan for Exempt & Complying Development and Council’s Local Approvals Policy.  Applications to place a waste container in a public place can be made to Council’s Building Services section.

 

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

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the work site.  Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

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

 

The public safety provisions and temporary fences must be in place prior to the commencement of any site works and be maintained throughout construction.

 

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

 

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

 

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

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

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

 

The following group of conditions have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

25.     A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to the issuing of occupation certificate, which certifies the structural adequacy of the light towers and that the works complies with the relevant structural design requirements of the Building Code of Australia.

 

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

 

26.     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.

 

27.     The applicant shall note that all external work, carried out on Council property, shall be in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works". An application for the cost of the Council civil works is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design and supervision fee based on the lowest quotation from Council's nominated contractor will be required to be paid prior to the commencement of any works.

 

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

 

28.     Any damage sustained to either Council’s nature strip or reserve as a result of the proposed works shall be repaired by excavating to a depth of 150mm, backfilling with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

Tree Protection Measures

 

29.     In order to ensure the retention of existing mature trees at the site and in proximity to the location of the proposal light poles, the following measures are to be undertaken:

 

a.   All documentation submitted for the construction certificate application will be required to detail, to the satisfaction of the certifying authority, the location from which power will be sourced.

 

b.   There is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within the driplines of any existing trees, with all documentation submitted for the construction certificate to demonstrate compliance with this requirement.

 

Advisory Conditions

 

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

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

14 December 2010

 

 

 

Director City Planning Report No. CP118/10

 

 

Subject:                  128 Marine Parade, Maroubra

Folder No:                   DA/618/2010

Author:                   Clare Burke, Student Assessment Officer     

 

Proposal:                     Alterations to existing multi-unit building including reconstruction of front balconies, alteration to windows and balustrades, new front entry canopy, awning over roof terrace and internal basement works

Ward:                      Central Ward

Applicant:                Classic Plans

Owner:                         Strata Plan No. 94

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

The application details alterations to the existing multi-unit housing development including extended balconies to the front of the property and new balustrading, a new entry canopy, a new roof top awning and part side boundary fencing. The application is referred to Council for determination as the proposal includes a SEPP 1 Objection that exceeds the maximum development standard for building height by more than 10%. The main issue is the potential for any impact upon the amenity of the adjoining properties.

 

The submitted SEPP 1 objection to the building height has addressed the consistency of the proposed development with the underlying and stated purposes of the development 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 this case. Any environmental impacts resulting from the proposed work are considered to be acceptable, including view loss. As such, it is considered that the objection is well founded and the application is recommended for approval.

 

2.    The Proposal

 

The proposal is for the reconstruction and enlargement of the front balconies for units 1, 2, 4, 5, 8 and 9 including new glass balustrades, replacement of the existing metal balustrades with glass balustrades for the balconies of units 3, 6 and 9, replace the existing sliding doors with new stacking doors for units 1, 2, 4, 5, 8 and 9, reconstruction of the existing blade wall on the balconies of level 1, 2 and 3, construction of a new front entry canopy, construction of a new awning over the roof terrace, construction of new metal awnings over the entry doors to the foyer, relocation of the letter boxes, widening of the existing driveway, removal of the existing concrete overhang and some internal basement works.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the northern side of Marine Parade between Bond Street and Maroubra Road in Maroubra. The site is currently occupied by an existing 4 storey multi-unit housing development.  The site has a frontage width of 21 m (approx), a side boundary depth of 52.5 m (approx) and has an overall site area of 681.6 m² (approx).  Neighbouring the property to the east is a no.128 Marine Parade a 4 storey multi-unit housing development and to the west is no.130B Marine Parade a 3 storey multi-unit housing development.

 

The surrounding area is residential in character and consists of a mixture of 1 and 2 storey free standing dwelling houses and multi-unit housing developments.

 

 

4.    Site History

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

 

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 20G of RLEP 1998, the maximum building height within 2c Zones is 12 m respectively. The proposed variation is summarized in the table below:

 

 

Building Height

Proposal

13.7m

LEP Development Standard

12 m

Excess above or less than the LEP standard

14.2% excess (1.7m)

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).

 

Building Height - Clause 20G

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

“To operate together with controls for floor space ratio 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:

-   given the open nature of the awning structure, it will have no significant impact on the apparent height, bulk of scale of the existing building and or adverse impacts on the aesthetic character of the area

-   no adverse privacy and or overshadowing impacts are evident in the proposal

-   no views will be significantly affected by the height of the structure

-   the proposed structure will allow for an improved amenity for the occupants of the existing building without impacting adversely on the amenity of surrounding residents

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 balcony and other structures do not increase the overall height of the existing building as the existing stair structure is taller than the proposed height of the awning structure on the roof terrace.

 

The proposed development has a maximum building height of 13.7m which exceeds the maximum building height of 12m permitted for this site as stipulated in the LEP. However, it is considered that the additional height will not adversely impact the amenity of the adjoining properties or the perceived bulk of the building. The proposed awning structure which increases the building height maintains the footprint of the existing building and will not result in significant additional bulk that will dominate the existing building or detract from the character of the surrounding area. The proposal satisfies the objective of the standard in that the size of the building is generally compatible with the surrounding built form.

 

The development will maintain the desirable attributes of the established residential area and will not unreasonably compromise the amenity of residents. The proposed awning structure on the roof terrace will have minimal impact on views to surrounding properties as the built form of the area means the building is taller than most surrounding properties. The impacts on privacy and overlooking remain unchanged by the proposed roof top works as the space is already used as a terrace/entertaining area by the residents. As such, it cannot be argued that this development will be substantially out of keeping with the established character of the locality; and for the above reasons, the proposed building height of the development is considered acceptable.

 

Comment:

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.”

 

Comment:

The variation from building height standards is not inconsistent 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 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”.

 

Comment:

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

 

Comment:

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.

Comment:

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.

 

Comment:

The underlying objective of the standard 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.

 

Comment:

The Building Height 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.

 

Comment:

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

 

 

5.    Community Consultation

 

The proposal has been notified in accordance with the DCP - Notification. The

following submissions were received:

 

5.1 Objections

Units 1, 3 and 5 130b Marine Parade

Issue

Comment

2.  Loss of visual privacy

a.  It appears to me that the balcony extensions will result in significant overlooking from balconies on level 2 and 3 into the kitchen and main living area, being one bedroom apartments this is the only living space of the apartment and therefore the overlooking will have a negative effect on the privacy of units 3 and 5

b.  I am concerned that the proposed screens are insufficient mitigation for this privacy loss as they screen only part of the proposed balcony. Is it possible to explore other screening options that allow maximum privacy but that allows light penetration and doesn’t create a sense of a wall?

c.  Further, that any screens used be fixed so that privacy is always maintained.

 

a. Conditions have been included so that privacy screening extends the full length of the balconies of Unit’s 4 and 7 of the subject site.

 

 

 

 

b. The use of louvred privacy screens is in keeping with the adjoining development at 126 Marine Parade, and the use of these privacy measures in the subject site will help create a more cohesive streetscape

 

 

c. Conditions have been included to ensure the privacy screens be fixed in place so as to maintain privacy.

3.  Loss of acoustic privacy

a.  The balcony area is bound to be used as an outdoor living room making acoustic privacy even more critical then what currently exists as more people are likely to use the balcony at one time and for longer periods of time. The SEE has no explanation of why there is no increased transmission of noise.

 

a.  It is not unreasonable for a residential flat building to have balconies of this size to allow residents access to an adequate sized private recreational space. The balcony will only be used for domestic purposes and as they front onto Marine Parade and Maroubra Beach, the predicted noise transmission is not deemed to be unreasonable.

4.  Little privacy for rear courtyard of 130B Marine Parade

a.  There is little privacy for the rear courtyard from people entering and existing 128 Marine Parade. I would seek a fence with vertical louvered slates in order to create more of a screen between the two properties

 

 

a.  The screening of the whole side of the balcony for units 4 and 7 as well as the provision of the new palisade fence alongside the rear courtyard of 130 Marine Parade will minimise any unreasonable privacy impacts.

5.  Unknown impact of overshadowing

a.  I am concerned that since the eastern side of 130B Marine Parade currently only receives a small amount of solar access any impact on this solar access due to the increased size of the balcony will affect the amenity of the building.

a.  Due to the sites north-south orientation and the topography of the area, overshadowing to some extent is unavoidable, however as the proposed works all fall within the existing building envelope, any additional overshadowing will be minimal. As such it is considered unnecessary to obtain shadow diagrams.

6.  Loss of views

a.  From both unit 3 and 5 130B Marine Parade, the extension of the balcony as proposed will affect the view aspect from both kitchen windows and therefore the views from the living area of each apartment

b.  I seek the balcony size be reduced so that the new balcony is set back from the commencement of the windows of 130B Marine Parade in order to minimise the loss of view and negative impact on the amenity of these apartments.

 

a.  Units 3 and 5 experiences near panoramic views from the front balcony and living room windows. The proposed balcony extensions will have minimal impact upon the view from the kitchen window with 95% of the view being maintained and as such this view loss is deemed to be minimal.

b.  As can be seen in the photograph below, the proposed length of the balcony extensions are already set back from the commencement of the windows of 130B Marine Parade.

 

5.2 Support

No supporting letters have been received for this application.

 

6.    Technical Officers Comments

 

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

 

Building Services comments

 

The proposal represents significant an upgrade of the existing building which is in a state of some disrepair.

 

Specifically, the proposal involves:

•      The demolition of the existing balconies and the construction of new and enlarged balconies including glazed glass balustrades at all three residential levels of the building and including new or reconstructed blade wall divisions and privacy screens

•      The provision of new aluminium windows to the front facades of each unit.

•      Embellishment works to existing brick balustrade around terrace area at level 1

•      Removal of metal balustrades and replacement with glazed balustrades to balconies on eastern façade of building

•      The construction of a new front entry canopy on the Marine Parade frontage

•      The construction of a roof top awning over the existing trafficable roof area.

•      The construction of new supports and renovation of shower and WC at basement level

 

BCA Building Classification

Class 2 – Residential units

Class 7a- Carpark

 

Description of the Building

In summary, the building incorporates:

 

§ A ‘rise in storeys’ of 4

§ Masonry walls, tiled roof and concrete floors and trafficable concrete roof

§ One exit stairway, of concrete construction

§ A total of 9 sole occupancy units, 3 on each floor level

§ Lower ground car park

§ External balconies

§ Side boundary building setbacks of approximately 2.8m and 3.135m

 

Key Issues

Building Code of Australia (BCA):

 

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

 

Site Management:

 

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

 

Recommendation:

Should the approval be granted to the application, the following conditions should be included in the development consent:

 

7.    Master Planning Requirements

 

No Master Planning Requirements apply to the site.

 

 

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998 (Consolidation)

 

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

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

 

The proposal is consistent with the aims of RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will not compromise the desirable attributes of the residential area, environmental qualities and social amenity of the locality.

 

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

 

Part 2B – Principal Development Standards

Clause 20G Building Heights

The maximum building height for buildings other than buildings erected for the purpose of a dwelling house within a 2C zone is 12 metres measured vertically from any point on ground level. This proposal has a maximum building height of 13.7 metres which substantial exceeds the allowable maximum permitted for this site as stipulated in the control. A SEPP 1 Objection to this standard has been lodged by the applicant for consideration.

 

Part 3 – Miscellaneous Provisions

 

(a)    Clause 29 Foreshore Scenic Protection Area

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.

 

The proposed minor upgrade works will have minimal impact upon the visual appearance of the foreshore. The proposed works will improve the visual qualities of the building.

 

(b)    State Environment Planning Policy (Building Sustainability Index: BASIX) 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 multi-unit housing development 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.

 

(c)    Section 94 Contributions

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

 

Category

Cost

Applicable

Levy

S94A Levy

Development Cost

More than $200,000

$352,000

1.0%

$3520

 

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

 

8.1 Policy Controls

 

a.    Development Control Plan Multi Unit Housing

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.

 

Complies

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.

 

Complies

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

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

 

No change

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

 

No change

P3  Private Open Space

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

 

Complies. The proposal improves the amenity of private open space and the useability of the roof deck.

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

 

No change

P6  Flats and apartments

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

 

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

Complies. As detailed the proposal increases the size of balconies to the front of the building.

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.

Conditioned accordingly

P2 Private open space design and location ensure privacy.

 

Complies

P3  Acoustic Privacy

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

 

Complies. See comments in section 5.1 of this report.

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

Complies

View Sharing

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

 

Complies. See comments in section 5.1 and 10 of this report.

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

 

Complies

P3 Buildings are aligned to maximise view corridors between buildings.

 

 

Complies

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

Complies. See comments in section 5.1 of this report.

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

 

No change

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.

 

No change

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.

 

No change

Safety and Security

P1 Design allows surveillance.

 

Complies. The proposals design allows greater surveillance.

P2 Approaches and entries are visible.

 

No change

P3 High walls and structures avoided.

 

No change

P4 Resident car parking has security grilles or doors.

 

No change

Utilities/Site Facilities

P1 Mailboxes provided in accordance with Australia Post.

 

Complies

Foreshore Scenic Protection Areas

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

 

Complies

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

 

Complies

P3 Ancillary structures do not dominate and detract visually. 

 

Complies

 

9.    View Loss Assessment

 

To assess whether the extent of view loss which would result from the proposal is reasonable, the Land and Environment Court has established a Planning Principle in the matter of Tenacity Consulting v Warringah (2004) NSWLEC 140. This provides a four stage method of assessing view loss. The first step relates to the assessment of the view itself:

 

1. Quality of Views:

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.

 

 

Officer Comment:

The view which is likely to be affected by the proposal is from the east facing windows of the first and second floor kitchens of unit’s 3 and 5 of the adjoining multi-unit housing development to the west (130B Marine Parade). The view includes an outlook over the Pacific Ocean and the subject property. Although substantially obscured by the existing balcony structures and the subject multi-unit housing development, the view may be described as highly valued.

 

2. From what part of the property the views are obtained?

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.

 

Officer Comment:

The view is a side view from the kitchens of the adjoining multi-unit housing development.  The planning principle recognises that side views are harder to maintain and it is considered that the protection of the side view could only be achieved by the complete abandonment of the proposal to enlarge the balconies.

 

It is noted that the view is substantially obscured by the existing balcony structures and multi-unit housing development on the subject site.

 

3. An assessment of the extent of the impact?

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.

 

Officer Comment:

Units 3 and 5 experience near panoramic views from the living room windows and their balconies. With regard to the extent of the impact on the views as it is from the side kitchen window it is assessed as being less significant than if the view that was impacted was from the balcony or living area within the neighbouring dwelling. The loss of the view could therefore be assessed qualitatively as minor.

 

4. An assessment of the reasonableness of the proposal that is causing the impact?

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.

 

Officer Comment:

When considering the reasonableness of the proposal, it is noted that the proposal is on a whole compliant, with only one non-compliance being the development standard for building height. This non-compliance does not impact upon the neighbouring property’s view loss as the neighbouring property is of a lower building height than the existing multi-unit housing development on the subject site. The SEPP1 objection for building height is well founded and only results in a minor impact on the owners of surrounding properties.  Overall, the proposal includes minimal view loss and is considered to be reasonable in terms of view sharing. There is also a planning benefit in providing adequate private recreational space for the residents of the building and the rejuvenation of the façade. of the subject site is more important than reducing the already minor impact on view loss for the adjoining multi-unit development at 130B Marine Parade.

 

A condition is proposed for the subject site to provide privacy screening along the side of the balconies of units 4 and 7. Whilst this will impact on the view loss of the neighbouring property, the impact would still be classified as minor and not unreasonable when trying to maintain the visual privacy and reduce the opportunity for overlooking from the subject site into the neighbouring site.

 

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.

 


Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:     Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development satisfies the objectives and performance requirements of the DCP for Multi-Unit Housing. The proposal will improve the amenity of the site and is consistent with the relevant purposes and objectives of Randwick LEP 1998 (Consolidation). Subject to conditions it is not considered that the development will give rise to any significant environmental impacts on adjoining properties, or have any unreasonable adverse impacts on the visual amenity and character of the street.

 

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 20E of Randwick Local Environmental Plan 1998, relating to Landscaped area on the grounds that the proposed development complies with the 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/618/2010 for alterations to existing multi-unit building including reconstruction of front balconies, alteration to windows and balustrades, new front entry canopy, awning over roof terrace and internal basement works, at No. 128 Marine Parade, Maroubra subject to the following conditions:

 

ENVIRONMENTAL AMENTITY:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered 07/10 1 of 10, 2 of 10, 3 of 10, 4 of 10, 5 of 10, 6 of 10, 7 of 10, 8 of 10, 9 of 10 and 10 of 10, dated 16/07/10 and received by Council on 4 August 2010, the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

2.       Privacy screens shall be provided along the entire edge of the balconies for units 4 and 7 facing 130B Marine Parade. The Construction Certificate plans shall demonstrate compliance with this requirement.

 

3.       The privacy screens for units 1, 4 and 7 shall be fixed in place and must not be operable. The Construction Certificate plans shall demonstrate compliance with this requirement.

 

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

 

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

 

5.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

11.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

14.     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.

 

15.     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.

 

16.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $ 352,000, the following applicable monetary levy must be paid to Council: $3520.

 

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.

 

Structural adequacy

 

17.     A Certificate prepared by a professional engineer shall be submitted to the certifying authority prior to issuing an occupation certificate, which certifies that the structural adequacy of the building, including internal and external balustrades.

 

Construction site management

 

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

 

·           Australian Standard 2601 (2001) – Demolition of Structures

·           Occupational Health and Safety Act 2000

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·           WorkCover NSW Codes of Practice and Guidelines

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

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

 

19.     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.

 

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

 

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

 

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

·       effectively support  the excavation and building; and

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

 

Notes

 

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

 

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

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

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

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

 

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

 

21.     Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers or the like

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Additional requirements for all development, except for single residential dwellings

·   Saturdays and Sundays before or after a public holiday - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

g)     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.

 

h)     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.

 

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

 

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

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

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

 

Fire safety

 

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

 

a)       The following works are to be undertaken in accordance with the specified provisions of the Building Code of Australia (BCA), as applicable:

 

1)       Provide a -/60/30 fire door set, with a self-closing device, to the front entry of each sole-occupancy unit in accordance with clause C3.11 of the Building Code of Australia (BCA),

2)       Provide an exit from the garage to comply with Clause D1.6 of the BCA to the satisfaction of the certifying authority,

3)       Provide a -/60/30 fire door set, with a self-closing device, to the doorway leading from the garage to the main stairway, in accordance with clause C3.11 of the Building Code of Australia

(BCA),

4)       Install a smoke detection and alarm system throughout the building in accordance with specification E2.2a of the BCA,

5)       Provide emergency lighting system to the common stairway and corridors, in accordance with clause E4.2 & E4.4 of the BCA,

6)       Provide exit signs to the garage and main entry/exit door, in accordance with clause E4.5 & E4.7 of the BCA,

7)       Provide portable fire extinguishers within the main entrance and in the garage adjacent to the electrical switchboard, in accordance with clause E1.6 of the BCA,

8)       Provide a non-combustible enclosure (i.e. a metal cabinet) with seals to prevent the passage of smoke to electricity meters and switchboard located in carpark.

9)       Balustrades and handrails to stairway/s, balconies and the trafficable roof, decks or the like are to be designed and constructed to satisfy clause D2.16 & D2.17 of the BCA,

10)     The main entry/exit door is to be provided with a ‘hold-open’ device, or swing in the direction of egress, to facilitate people seeking egress from  the building in the event of an emergency,

11)     Prior to commencing  the abovementioned works, a Construction Certificate must be obtained from Council’s Building Certification Services or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

b)       All new building works including the proposed alterations and fire safety works must satisfy the relevant performance or deemed-to-satisfy provisions of the Building Code of Australia.

 

c)       All of the fire safety upgrading works and new building work must be detailed in the Construction Certificate for the development.

 

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

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

14 December 2010

 

 

 

Director City Planning Report No. CP119/10

 

 

Subject:                  Australia Day activities 2010

Folder No:                   F2009/00265

Author:                   Katie Griffith, Events Officer     

 

Introduction

 

At its meeting on 27 July 2010, Council resolved (Woodsmith/Andrews) to allocate $15,000 to fund the Australia Day Civic Reception at the Prince Henry Centre, and requested a report for suitable smaller scale activities at Coogee Beach on Australia Day be prepared for its consideration.

 

Below is the outline of the activity plan for Coogee Beach, and also a description of the activities proposed for the Prince Henry Centre on Australia Day.

 

Issues

In accordance with the above resolution, the suggested activities to be held on Australia Day 2011 are as follows;

 

Coogee Beach

 

Activity/Entertainment

Time

Location

The Gumnuts - roving music, banjo, guitar, piano accordion, traditional folk songs, vocals

9am – 12noon

Roving –Goldstein Reserve and beach promenade

Kids stall – small fete stall providing tattoos and flags

9am – 12noon

Stall on Goldstein Reserve

Buskers – a range of different buskers invited to play at Coogee on the day.

 

From 10am – 5pm

Goldstein Reserve and beach promenade

Life Be In It – sporty activities for a range of ages

10pm – 12pm

Goldstein Reserve

 

The total cost for the activities above is $5,000.00.

 

Prince Henry Centre

 

Activity/Entertainment

Time

Location

Awards and Citizenship ceremony

9.30am – 11.30am

Auditorium – stage and seats set for 230 pax

Hire equipment – kids tables and chairs, linen

 

 

Kids craft activity – making banners, wands and masks

12noon – 2pm

Meeting room

Souths football game

12.30pm – 1pm

Park outside PHC

Minstrels – roving entertainment

11.30am – 2pm

Roving

Movie screening – family friendly Australian movie

12noon – 2pm