Ordinary Council Meeting

 

Supplementary BUSINESS PAPER

 

 

 

 

 

MAYORAL MINUTES

 

 

 

 

 

Tuesday 22 February 2011

 

 

 

 

 

 

 

 

 

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                                                                                               22 February 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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, 22 February 2011 at 6:00pm.

 

 

 

 

MM1/11     Council Support for Same Sex Marriages

MM2/11     2011 Ovarian Cancer Awareness Month

MM3/11     The national 'Garage Sale Trail' supported by Keep Australia Beautiful

MM4/11     Installation of Air Conditioning to the Rainbow Street Child Care Facility

MM5/11     Response to the Coogee Bay Road Tattoo Parlour Bombing

MM6/11     Premier's Disaster Relief Appeal - Queensland Floods

MM7/11     Banner - Eastern Beaches Liquor Accord

MM8/11     Proposed closure of Kensington Post Office

MM9/11     Randwick Girls High School - proposed 'Mayor's Award'

MM10/11   Bringing light rail back to Randwick

MM11/11   Proposal to encourage residents to access 'green' loans from Bendigo Community Bank to implement energy and water saving measures

MM12/11   Arrangements over the Christmas/new year meeting recess - development application for semi-detached dwellings

MM13/11   Camping at Clovelly Beach Car Park

MM14/11   Bardon Park

MM15/11   Royal Humane Society Bronze Medal Award for Bravery - Peter Halcro and Paul Moffatt

MM16/11   Completion of the Maldon-Dombarton Rail Line

MM17/11   Proposal to consider the purchase of carbon offsets as Randwick Council's approach to respond to its greenhouse gas emissions

MM18/11   Kingsford South precinct

MM19/11   Malabar Headland - securing the proposed National Park

MM20/11   Council Response to news of Christchurch Earthquake            

 

 

 


Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM1/11

 

 

Subject:                  Council Support for Same Sex Marriages

Folder No:                   F2009/00524

Author:                   Councillor Matson, Mayor     

 

Introduction

 

Marriage is a human right and it should not be denied to anybody on the basis of race, creed, religion or sexuality. The purpose of this mayoral minute is to show this Council’s total support for same sex marriages here in Australia and to convey that sentiment to our Federal Members as part of their consultation with their constituents.

 

Issues

 

Same-sex marriages are currently not permitted under Australian federal law. Since 2004 the Marriage Act 1961 has defined marriage as "the union between a man and a woman". In addition, Australian law expressly declares that unions between same-sex couples entered into outside the country are not to be recognised as marriage in Australia.

 

In all states and territories, cohabiting same-sex couples are recognised as de facto couples, and have the same rights as cohabiting heterosexual couples under state law. Furthermore, same-sex couples have access to domestic partnership registries in New South Wales, Tasmania and Victoria. Civil partnerships are performed in the Australian Capital Territory.

 

In 2004, amendments were made to the Superannuation Industry Supervision Act to allow tax free payment of superannuation benefits to be made to the surviving partner of an interdependent relationship that included same sex couples, or a relationship where one person was financially dependent on another person. Further initiatives were also tabled by the Howard Liberal Government.

 

The subsequent Labor Government continued some of this progress in November 2008, when the Australian Parliament passed laws that recognised same-sex couples under federal law, offering them the same rights as unmarried heterosexual couples in areas such as taxation, social security and health, aged care and employment. This means that same-sex couples who can prove they are in a de facto relationship have had most of the rights of married couples since 1 July 2009. Nevertheless Australia does not have a national registered partnership or civil union scheme.

 

In August 2009, a same-sex marriage bill was introduced by a member of the Australian Greens who pleaded with the government to take into consideration that the majority of Australians support same-sex marriage and thereby pass such legislation. The bill was reviewed by the Senate Legal and Constitutional Affairs Committee. The largest protests for same-sex marriage in the nation's history took place in eight cities on 1 August 2009, with an estimated 8,000 people attending.

 

On 25 February 2010 the Marriage Equality Bill 2009 did not pass in the Australian Senate by a vote of 45-5, with only the Greens voting in favour and many senators not in attendance. However, in November 2010 a Greens motion urging MPs to gauge community support for same sex marriage was passed by the House of Representatives.

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The time has come for come for same sex couples to enjoy the same basic rights as heterosexual couples throughout Australia and it is appropriate that this Council shows its full support for this cause.

 

Recommendation

 

That:

 

a)     Council note that Federal MPs are currently gauging the feeling within their       electorates to same-sex marriage;

 

b)     this council support marriage equality, that is the amendment of the Marriage   Act 1961, so as to remove discrimination against same-sex couples; and

 

c)     this Council convey that sentiment to our Federal Members as part of their       consultation with their constituents.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM2/11

 

 

Subject:                  2011 Ovarian Cancer Awareness Month

Folder No:                   F2011/06574

Author:                   Councillor Matson, Mayor     

 

Introduction

 

Mayors and councils across Australia have been asked to participate in 2011 Ovarian Cancer Awareness Month to help educate their female constituents about the need to learn the symptoms of ovarian cancer.

 

Issues

 

Ovarian Cancer Awareness Month, is a community health initiative of Ovarian Cancer Australia, which aims to save lives by educating all women about the symptoms of ovarian cancer.

 

As a leader in the community, Council has been invited to become an advocate for this vital awareness campaign by informing its constituents of the risks and symptoms of ovarian cancer through council newsletters, websites, rates notices etc and by activating the media in our area (a media kit will be supplied to council, if it agrees to be involved).

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The objective of this campaign is to reach women in every corner of Australia. It is a vital health education initiative and, from that perspective, it is appropriate that Council become involved.

 

Recommendation

 

That Council participate in 2011 Ovarian Cancer Awareness Month by obtaining a media kit and publicising this important community health initiative through its website and the Mayoral Column.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM3/11

 

 

Subject:                  The national 'Garage Sale Trail' supported by Keep Australia Beautiful

Folder No:                   F2006/00597

Author:                   Councillor Matson, Mayor     

 

Introduction

 

The ‘Garage Sale Trail’ is a new initiative supported by Keep Australia Beautiful aiming to help promote recycling and sustainability, reduce illegal dumping and neighbourhood litter and to bring local communities together.

 

Issues

 

The inaugural Garage Sale Trail was held at Bondi Beach in Waverley in May 2010.  The event was ‘a near overwhelming success with 126 registered garage sales on the day.’ This year’s national event is scheduled for Sunday, 10 April.

 

Randwick City Council has registered to participate in the Garage Sale Trail as part of our 3-Council ecological footprint project with Waverley and Woollahra Councils. There are an extensive number of additional opportunities for Council's involvement from launching our local Garage Sale Trail via a ribbon cutting ceremony across a local participant’s garage, perusing the many sales on the day and judging the best Garage Sale with fellow Councillors, interacting with community members or even hosting our own Council garage sale.

 

Participating residents are asked to donate 10 percent of their takings on the day to either Keep Australia Beautiful or Oxfam.

 

Financial impact statement

 

The cost of $10,000 to register Randwick as part of the national Garage Sale Trail was paid as part of the 3-Council Ecological Footprint project.

 

Conclusion

 

The Garage Sale Trail is a new and exciting project that results in significant sustainability and social/community outcomes.

 

Recommendation

 

That Councillors note Randwick’s participation in the Garage Sale Trail supported by Keep Australia Beautiful on Sunday, 10 April 2011.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM4/11

 

 

Subject:                  Installation of Air Conditioning to the Rainbow Street Child Care Facility

Folder No:                   F2004/01009

Author:                   Councillor Matson, Mayor     

 

Introduction

 

On the 2 February 2011 the Mayor of Randwick City Council and the Building Services Coordinator inspected all the Child Care facilities with some issues arising from the inspections.

 

Issues

 

One of the major concerns while visiting Rainbow Street Child Care was the high heat and humidity within the facility itself.  The Director of the Child Care had asked the Mayor about the possibility of Council installing air conditioning in the facility as it was quite unbearable for the children and the employees to be inside the building during the summer months.

 

Financial impact statement

 

In the event that Council accepts the report recommendation, the direct financial implication to Council will be a contribution of $9,700 from the Buildings for our Community budget. These funds will be deducted from the Rainbow Street Child Care allocation.

 

Conclusion

 

As Council is the owner of this building asset and with most of the Child Care facilities having air conditioning, to meet the basic needs of the children and the staff Council should install air conditioning to the facility.

 

Recommendation

 

That:

 

a)     Council vote $9,700 to cover the purchase and installation costs of the air conditioning to the Rainbow Street Child Care facility with the funds be charged to the Buildings for our Community budget.

 

b)     The Mayor or his representative be given the opportunity to formally switch on the air conditioning system and address the Rainbow Street Child Care facility on behalf of Council.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM5/11

 

 

Subject:                       Response to the Coogee Bay Road Tattoo Parlour Bombing        Response to the Coogee Bay Road Tattoo Parlour Bombing

Folder No:                   F2007/00174

Author:                   Councillor Matson, Mayor

 

Introduction

 

On 29 December 2010 a tattoo parlour at 130-132 Coogee Bay Road was gutted by a petrol bomb attack. Some 30 residents of surrounding apartments were evacuated while the fire was brought under control. Not only is this unfortunate for the business and property owners, but also places members of the surrounding community at risk.

 

I noted in the Southern Courier that it may be desirable to debate the suitability of permitting this type of development near schools and other sensitive land uses. To this end, I have sought advice on the manner in which Council’s planning controls might be utilised to appropriately regulate this type of use (such as banning it within 500m of schools).

 

The Coogee Precinct has also indicated its support for placing restrictions on approvals for tattoo parlours in proximity to schools and/or residential areas.

 

Issues

 

Under the provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) introduced in 2009, a change of use from one kind of business premises to another kind of business premises does not typically require development consent. This would be the situation with most tattoo parlour premises. As a consequence, they could commence operation as complying development when business premises change their lease or ownership.

 

The most effective means of ensuring that tattoo parlours are not located in certain sensitive locations is to permit them only in certain zones such as core commercial areas by way of Council’s LEP. This would require an amendment to Council’s LEP.

 

Council is currently working towards the preparation of a new Comprehensive Local Environmental Plan which is based upon the Standard Instrument LEP and must be consistent with a format approved by the Department of Planning.

 

The land use definitions provided by the Standard Instrument, however, do not include a specific definition for this use. Instead it is accommodated by the land use term "Business Premises" which also includes such uses as banks, post offices, hairdressers, dry cleaners, travel agencies, and the like. Under Department of Planning policy, the only way to effect a prohibition of tattoo parlours in a zone would be to prohibit "Business Premises" generally; this, however, would unintentionally prohibit other business uses such as post offices and so on in our commercial or mixed use zones.

 

To achieve better control of the location of tattoo parlours, I have asked Council officers to request that the Department of Planning consider the introduction of a specific definition in the Standard Instrument for this use. This would enable our future Comprehensive LEP to permit tattoo parlours only in certain zones without unintentionally prohibiting other business uses. It would also prevent them from being approved as complying development under the Exempt and Complying Code.

 

Council will then be in a position to introduce further guidelines in its future DCPs to guide the location and establishment of these premises.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Examination of the current planning framework suggests that a prohibition of tattoo parlours in certain areas by way of the Comprehensive LEP is not presently possible but may be enabled by the adoption of a specific definition by the Department of Planning. To this end, Council officers have approached the Department of Planning raising the issue and will follow this with a formal request. This will provide a more formal mechanism for the more detailed control of the location of this use which could be facilitated by guiding provisions relating to proximity and the like in Council’s future Comprehensive LEP and DCP.

 

Recommendation

 

That Council:

 

a)     Continue its dialogue with the Department of Planning requesting that it develop a land use definition for tattoo parlours thus enabling Council to limit these premises to certain zones; and

 

b)     Develop suitable detailed provisions for Council’s Comprehensive LEP/DCP restricting the location of tattoo parlours following advice from the Department of Planning.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM6/11

 

 

Subject:                  Premier's Disaster Relief Appeal - Queensland Floods

Folder No:                   F2011/06574

Author:                   Councillor Matson, Mayor     

 

Introduction

 

Significant flooding occurred in many areas of Queensland during late December 2010 and early January 2011, with three quarters of the state declared a disaster zone. Recovery work is underway, with support available for those affected and opportunities for everyone to help others in need.

 

Issues

 

The Local Government Association of Queensland (LGAQ) has recommended that "the best way for individuals, families and businesses to help affected communities is by making a financial donation to the Premiers Flood Appeal.”

 

On behalf of Randwick City Council, a donation was made to the Premier’s disaster Relief Appeal in mid-January 2011 in the amount of $3,000.00 and, in addition, a commitment was made that Council would match Councillor and staff donations on a dollar-for-dollar basis.

 

A Councillor and staff collection was arranged during January and the total amount donated by Councillors and staff amounted to $4,150.50. As promised, Council matched the Councillors and staff donation and a cheque for $8,301.00 ($4,150.50 x 2) was forwarded to the Premier’s Disaster Relief Appeal at the end of January. This amount is in addition to the $3,000.00 already provided taking our overall donation (including Council’s original donation of $3,000.00, the Councillors and staff donation of $4,150.50 and Council’s dollar-for-dollar matching of $4,150.50) to $11,301.00.

 

Financial impact statement

 

Council’s contribution to the Premier’s Disaster Relief Appeal in the amount of $7,150.50 will be funded from the 2011-12 donations budget.

 

Conclusion

 

Our thoughts remain with the people of Queensland as they rally together to rebuild their lives and local communities.

 

Recommendation

 

That Council’s overall contribution to the Premier’s Disaster Relief Appeal for the recent Queensland floods in the amount of $11,301.00 (including Councillor and staff donations of $4,150.50) be noted.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM7/11

 

 

Subject:                  Banner - Eastern Beaches Liquor Accord

Folder No:                   F2004/06257

Author:                   Councillor Matson, Mayor     

 

Introduction

 

A request has been received from Mr David Ernest, Project Officer, Eastern Beaches Liquor Accord seeking the waiving of fees associated with the installation of two banners to run a community safety message.                  

 

Issues

 

The Eastern Beaches Liquor Accord would like to place these banners at the South Coogee and Maroubra sites.  The aim of the banners is to raise awareness of the need for responsible drinking and driving.  The wording on the banner will state:

 

“The Eastern Beaches Liquor Accord

supports responsible drinking and driving”

 

Costing is as follows:

Installation and Removal Fee:                      $  650.00

Hire fee per week @ $575.00

 x 4 weeks x 2 locations:                            $4,600.00

Total:                                                     $5,250.00

 

Financial impact statement

 

Should Council accept the report recommendation, the financial implication to Council is $5,250.00 and there are currently sufficient funds in the 2010-11 Contingency Fund to cover this contribution.

 

Conclusion

 

It is considered that Council should vote to waive the associated fees and that the funds be allocated from the 2011-12 Contingency Fund.

 

Recommendation

 

That:

 

a)     the fees associated with the installation and dismantling of two banners for the Eastern Beaches Liquor Accord be waived and $5,250.00 be allocated from the 2011-12 Contingency Fund;

 

b)     the wording of the banner be presented to Council for approval prior to being ordered.

 

Attachment/s:

 

Nil

 

 

 

  

Mayoral Minute No. MM8/11

 

 

Subject:                  Proposed closure of Kensington Post Office

Folder No:                   F2005/00946

Author:                   Councillor Matson, Mayor     

 

Introduction

 

A number of local residents have expressed concern at reports that the Kensington Post Office has been earmarked for closure.

 

Responding to an article in the Southern Courier (on 25 January 2011) local residents are concerned that the Kensington Post Office may be closed in the not-to-distant future, leaving locals, particularly seniors in the community who rely on the Post Office for a number of services, including paying bills, with no option but to travel to either Kingsford or Randwick to conduct their business.

 

Issues

 

The following is an extract from the article published in the Southern Courier on 25 January 2011:

 

‘Kensington post office ‘under review’

 

Kensington’s Australia Post Office could be the next on the chopping block after it was revealed the local branch was suffering from low patronage.

 

Kingsford Smith MP Peter Garrett confirmed rumours that the branch was “under review” last week and announced a community rally for residents to support and hopefully save their post office.

 

“This is a call to arms for all residents of Kensington and surrounding suburbs to show Australia Post that you want your local post office to stay,” Mr Garrett said.

The news comes as a shock after the Courier was informed two weeks ago by an Australia Post spokeswoman there were no post offices in the south east facing closure.

 

Mr Garrett said the Kensington branch’s future now lies in the hands of the people, “and we can make the difference”.

 

“I’m acutely aware of the importance to local residents of having easy access to the facilities of an institution such as the Kensington post office, which is why I believe the community needs to act before the chance to make a change is gone.”’

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Post Offices provide an important public service that residents should be able to rely on beyond the term of the current lease of any premises by Australia Post.  

 

 

Recommendation

 

That Council supports the community’s opposition to the closure of the Kensington Post Office.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM9/11

 

 

Subject:                  Randwick Girls High School - proposed 'Mayor's Award'

Folder No:                   F2011/06574

Author:                   Councillor Matson, Mayor     

 

Introduction

 

The Principal of Randwick Girls High School has contacted me seeking support for the introduction of a ‘Mayor’s Award’.

 

Issues

 

Randwick Girls High School is the only comprehensive government girls’ high school in the Randwick City Council area and the school is currently undertaking a comprehensive review of its award system, in particular, the way that it celebrates academic, civic and sporting achievement.  The purpose of the review is to make the Awards Presentation Day more relevant to students and to be more inclusive of the local community.

 

The Principal has indicated that the proposed ‘Mayor’s Award’ would recognise the Mayor who instituted the award, and each year, the serving Mayor would be invited to present the award at the school.  The Mayor’s Award would be recognised in perpetuity by an Honour Board which would include the name of the instituting Mayor, along with each annual recipient.

 

Financial impact statement

 

The cost of instituting the award and operating it for a period of five years would be $5,000.00 in total and, if the report recommendation is adopted, this could be funded from the 2011-12 Contingency Fund.

 

Conclusion

 

This represents an opportunity for Council to demonstrate its ongoing commitment to the local community and, in particular, to public education.

 

Recommendation

 

That Council agree to the introduction of a ‘Mayor’s Award’ for Randwick Girls High School and agrees to fund the cost of instituting and operating the award for a period of five years at a cost of $1,000.00 per year, to be funded from the 2011-12 Contingency Fund.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM10/11

 

 

Subject:                  Bringing light rail back to Randwick

Folder No:                   F2004/08175

Author:                   Councillor Matson, Mayor     

 

Introduction

 

2011 marks the 50th anniversary of the last trams to run in Sydney.

 

Up until 25 February 1962, Sydney had the largest tram system in Australia carrying millions of Sydneysiders efficiently for work, school, shopping and leisure.

 

To commemorate the anniversary and promote Council’s adopted support for a new mass transport system in Randwick City, I propose a week long display of an historic tram at High Cross Park in Randwick from 9-16 March 2011.

 

Issues

 

Sydney’s tram network once extended as far south as La Perouse with services within Randwick City running to Maroubra and Coogee and along Anzac Parade.

 

The rise of the motor car and historic prioritised spending on roads and motorways since the 1960s has encouraged car usage to such an extent that Sydney’s road system is in gridlock and cannot cope with current or future demands from residential and employment growth areas.

 

Around the world, more than 100 international cities have introduced light rail –

particularly in United States, East Asia and Europe – as a modern, mass transport solution. More than 50 studies have shown that light rail in metropolitan Sydney is a viable and efficient transport option. Other studies have shown that cities with light rail use less energy per passenger kilometre than bus cities, produce fewer greenhouse gas emissions per capita, use cars less and have fewer transport related deaths.

 

In order to plan for the predicted increase in residents, workers and students in Randwick City – particularly within the Randwick Education and Health Specialised Centre – we need efficient and integrated public transport systems.

Randwick Council has a long held position to work with the State Government to reintroduce mass transport systems, ideally light rail, back into Randwick City.

 

The Government’s decision to extend the existing light rail network 10km from Lilyfield to Dulwich Hill is a positive sign that light rail is back on the cards – and the next logical extension is to the eastern suburbs.

 

To mark the 50th anniversary of Sydney’s last trams and encourage community discussion about the potential reintroduction of light trail into Randwick, a static display of an old Anzac Parade tram would help rekindle memories and ignite new thinking about alternative transport options. Initial discussions with the Sydney Tramway Museum at Loftus about borrowing one of their working trams for the display have been positive.

 

The popular Spot Food and Film Festival on Sunday 13 March means the display would potentially be seen by up to 10,000 people on that day alone.

 

Should Council support this initiative, a program of talks, events and tours will be arranged to maximise the promotional benefit of the tram display in consultation with the Sydney Tramway Museum.

 

Financial impact statement

 

There is no allocated budget for this project. It will be funded by savings identified in the next budget review.

 

Transport and moving charges:            $10,000

Security fees:                                     $7,000

Total:                                             $17,000

 

Staffing costs and works to restore the turf in the park are not included.

 

Conclusion

 

Randwick City needs better public transport and integrated mass transport options. The promotional display of an historic tram carriage to mark the 50th anniversary of the last trams to run in Sydney will attract public interest and draw attention to light rail as a potential solution.

 

Recommendation

 

That Council support the week-long display of an historic tram in Randwick in collaboration and agreement with the Sydney Tramway Museum.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM11/11

 

 

Subject:                  Proposal to encourage residents to access 'green' loans from Bendigo Community Bank to implement energy and water saving measures

Folder No:                   F2006/00176

Author:                   Councillor Matson, Mayor     

 

Introduction

 

This Mayoral Minute seeks endorsement of a proposal to encourage residents to access ‘green’ loans from Bendigo Community Bank to implement energy and water saving measures around the home.

 

Issues

 

Over the past four years Council has conducted a number of incentive schemes through our environmental levy program encouraging residents to implement major energy and water saving measures around their home. Unfortunately the demise of Commonwealth and State Government incentive programs, including the State Government’s feed-in tariff have substantially reduced the take-up of measures by local residents and the wider community.

 

Local residents have made it clear from Council’s incentive programs they are very receptive to information and assistance to make sustainable changes around their home. In order to continue encouraging these sustainable behavioural changes, I would like to propose a partnership between Council and our local branch of the Bendigo Community Bank at Clovelly. Bendigo Community Bank has a ‘green’ loan facility available for householders wishing to install ‘green’ measures from rainwater tanks to solar panels and solar hotwater services. This partnership would see Council encourage residents to take up this financial loan and for the first 100 householders pay the loan establishment fee with a view of encouraging householders and residents to actively implement measures that can save on their energy and water consumption and costs.

 

Council would negotiate with the local Community Bank to ensure a reduced interest rate from other personal loans and facilitate transparent costings to residents so they can see the savings available and the interest charges over a two year period. This partnership if successful is very likely to be of interest to other local Councils with Bendigo Community Bank branches in their area.

 

The partnership builds on Council’s previous financial incentive schemes but without the limitations on the range of energy and water saving measures that residents might choose to install.

 

Financial impact statement

 

While the establishment fee for a Bendigo Community Bank is much lower than for an unsecured personal loan, this proposal would cover the first 100 ‘green’ loan costs to local residents, that is $45 by 100 householders would equal $4,500 payable via the Climate Change budget of the environmental levy program.

 


Conclusion

 

Council has previously operated the most comprehensive energy and water saving financial incentive scheme of any local government in Australia. This partnership encouraging take-up of ‘green’ loans available from our local Clovelly branch of the Bendigo Community Bank offers another facet of supporting householders and residents making a range of energy and water saving sustainability changes around their home.

 

This also complements the continuing program Council is supporting in conjunction with Sydney Water and DECCW to encourage water and energy saving changes of medium to small businesses in our local Government area.

 

While initially establishing this program with Bendigo Community Bank, if similar loan programs were offered from other local financial institutions I would see no reason why we would not market or promote matching programs to our residents.

 

Recommendation

 

That:

 

a)     Council supports a new partnership with the local Clovelly branch of the Bendigo Community Bank encouraging residents to access reduced-interest ‘green’ loans for the installation of energy, water and other sustainability measures around their home; and

 

b)     the first 100 such loans taken up by residents have their loan establishment fee of $45 paid for by Council through the climate change budget of the environmental levy program (to a maximum of $4,500).

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM12/11

 

 

Subject:                  Arrangements over the Christmas/new year meeting recess - development application for semi-detached dwellings

Folder No:                   F2004/06565

Author:                   Councillor Matson, Mayor     

 

Introduction

 

At the Council Meeting of 23 November 2010, it was resolved that during the recess period the ‘Council in Recess Procedure’ be utilised, subject to the need for any extraordinary meetings, which may be called in extenuating circumstances.

 

The ‘Council in Recess Procedure’ provides for:

 

The Mayor, the Chairpersons of the Planning Committee, the Administration & Finance Committee, the Community Services Committee and the Works Committee or in his/her absence (or if the Mayor is the Chairperson of the Committee) the Deputy Chairpersons and the General Manager jointly be authorised to make decision which would otherwise be made by the Council and any such decision are to be unanimous and circulated to Councillors for their information.’

 

At the Council Meeting held on 14 December 2010 it resolved that:

 

“RESOLUTION: (Woodsmith/Procopiadis) that, over the 2010-11 Christmas/new year meeting recess, Council delegate authority to the General Manager, Mayor and the Chair of the Planning Committee jointly, to determine development applications for semi-detached dwellings where SEPP1 applications are required to be submitted due to the recent legal advice that semi-detached dwelling houses should be classified as an attached dual occupancy.”

 

Issues

 

During the Council recess, the General Manager, the Mayor and Cr Ted Seng approved the following development applications:

 

1.         DA/706/2010, 4 Barrett Place, Randwick for alterations and additions to an existing dwelling including new first floor and swimming pool.

 

The proposal varied the development standards for floor space ratio and external wall height contained within RLEP 1998.

 

2.           DA/1016/2010, 19 Walsh Avenue, Maroubra for alterations and additions to an existing dwelling including new first floor. The proposal varied the development standards for landscaped area, floor space ratio and external wall height contained within RLEP 1998

 

The two assessment reports are attached for your information.

 

 

 

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

 

Recommendation

 

That this report be received and noted.

 

Attachment/s:

 

1.View

Delegated report for DA/706/2010 4 Barrett Place, Randwick

 

2.View

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Delegated report for DA/706/2010 4 Barrett Place, Randwick

Attachment 1

 

 

DELEGATED ASSESSMENT REPORT - Report of the Director, City Planning

(Alterations & Addition to Existing Class 1 & 10 buildings including swimming pools)

 

Development application description

Proposal

Alterations and additions to existing dwelling including new first floor and swimming pool

Report Author

Elias Coorey

File

DA/706/2010

Ward

North

Address

4 Barrett Place, RANDWICK  NSW  2031

Zone

2A

Applicant

Arkivis Pty Ltd

Date DA submitted

25 August 2010

Owner

Mr D Goss and Miss S A Reading

Value of work

$110,000

Permissibility

Permissible with consent

BCA Class

1a and 10

Exhibition

14 days notification to 13 September 2010

Objections

No

 

Recommendation

Approval including conditions

 

Assessment summary

The originally proposed development was considered to be excessive in height which therefore resulted in unreasonable overshadowing to the northern elevation of the southern neighbour’s property at No. 6 Barrett Place. On advising the applicant, they amended their application by reducing the proposed first floor levels floor to ceiling height by 500mm down to 2.7m as well as setting the first floor addition further back behind the main ridge line of the roof at the front. This amendment is considered satisfactory.

The proposed development has a Floor Space ratio of 0.62:1 which does not comply with the 0.5:1 maximum floor space ratio standard under Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation). It is important to note that Clause 20F has been applied as a result of recent legal advice that the semi-detached dwellings are now classified as attached dual occupancies and not a dwelling house.

It should also be noted that if the proposal was being assessed against the floor space ratio control (0.65:1) under the Development Control Plan (DCP) for Dwelling Houses and Attached Dual Occupancies the proposed development would meet the preferred solution with an FSR of 0.62:1.

Notwithstanding compliance with the DCP control, the proposed development exceeds the maximum floor space ratio development standard of 0.5:1 by 24% (0.62:1), and it is required to be accompanied by a SEPP 1 objection. Further, by virtue of a greater than 10% variation to the FSR standard, the application has ordinarily been required to be referred to a Council meeting for determination; however, at the Council meeting held on 14 December 2010, Council resolved that during the period over the 2010-11 Christmas/new year meeting recess, that Council delegate authority to the General Manager, Mayor and Chairperson Planning Committee, jointly, to determine these types of development applications, in order to reduce the delays in processing these types of applications submitted by “mums and dads” which would normally be relatively straight forward.

Overall, in terms of assessment, the applicants SEPP 1 objection is considered to have appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case and that the proposed development satisfies the objectives and performance requirements of the LEP and DCP for Dwellings and Attached Dual Occupancies and will not result in any unreasonable adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

Aerial photograph of the subject site (shaded)

Subject site and adjoining semi to the north at no 2 Barrett Place

Solar arrays located along the northern side of the roof at no 6 Barrett Place

Rear of subject site: note the small unbuilt upon portion at left represents the extension at ground level. The majority of the development is confined to the first floor addition.

Side boundary shared with No 6 Barrett Place

Rear boundary of subject site adjoining

Side boundary of adjoining dwelling semi detached dwelling at no 2 Barrett Place showing a

 

Main issues

Type

Description

Original proposal: Excessive floor to ceiling heights at first floor level and siting of the first floor addition.

A letter was sent to the applicants asking that they address the excessive floor to ceiling heights issue.

In response: the applicants submitted amended plans received by Council on 24 November 2010 which are considered satisfactory, having regard to the DCP for Dwelling Houses and Attached Dual Occupancies DCP. In particular, the amended plans show a 2.7m floor to ceiling height at first floor being a reduction by 500mm and siting the first floor addition further behind the main ridge line.

Non compliance with LEP standard under Clause 20F for 2A zoned properties.

Council has recently received legal advice that semi-detached dwelling houses in the Residential 2A Zone should be classified as an attached dual occupancy. This is due to the fact that “semis” tend to be constructed with a common dividing wall between the two dwellings and as such are not structurally independent of each other. Hence, the two dwellings are contained within the one building and the development should be classified as an attached dual occupancy rather than dwelling houses.

As the proposal is now classified as an attached dual occupancy and not a dwelling house, the development standards contained in the Randwick Local Environmental Plan 1998 (Consolidation) now apply.

Whilst the proposal exceeds the maximum floor space ratio standard by 24%, it should be noted that if the proposal was being assessed against the preferred solution for floor space ratio (0.65:1) under the DCP for Dwelling Houses and Attached Dual Occupancies, it would meet the preferred solution with an FSR of 0.62:1.

Notwithstanding, a SEPP 1 objection has been submitted and it is considered to have appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case. The additional first floor level is contained behind the ridge line of the main roof and largely contained atop the existing ground level at the rear.

 

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

 

The proposal seeks to vary development standards (Floor Space Ratio and external wall height) contained within RLEP 1998. Two SEPP 1 objections have been submitted to Council.

 

a.       Pursuant to Clause 20F of LEP, the maximum FSR within 2A Zones is 0.5:1. The proposed variation is summarized in the table below:

 

 

Floor space ratio

Proposal

0.62:1 (153mm2 )

LEP development standard

0.5:1 (123.4.6m2)

Excess above the LEP standard

24% excess (29.6m2)

 

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).

 

Clause 20F - FSR

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

 

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

 

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

 

“Given the site area of only 246.8m2, we have added 60sqm on a second storey which adds amenity to existing dwelling and we believe is in keeping with the local character and scale”

 

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

 

-      The proposed development exceeds the floor space ratio standard however in the context of the existing locality which includes a number of semi-detached dwellings of similar bulk and scale it cannot be argued that this development will be substantially out of keeping with the established character of the locality.

 

-      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. In this respect, it is noted that the bulk and scale of the proposed development will not result in a significant addition and it will not be out of keeping with other developments in the vicinity where first floor levels have been sited to improve functionality and living standards.

 

Overall, it is considered that the objection has appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case. As such, it is considered that the objection is well founded.

 

Matter 2

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

 

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

 

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

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

 

FSR Comments:

 

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

 

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

 

Matter 3

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

 

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

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

 

FSR Comments:

 

The proposed development and variation from the development standard do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not allow the best use of the site.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

 

Second

 

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

 

Comments:

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

 

Third

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

 

Comments:

The underlying objective of the 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.

 

Comments:

The FSR development standard has not been abandoned or discarded by any decision or actions of Council.

Fifth

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

 

Comments:

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

 

 

Amendments to the proposal during assessment

Type

Description

Received 24 November 2010

Reduction in first floor additions floor to ceiling height and increase setback from main ridge line.

 


Special Conditions of Consent

Type

Description

None

 

 

Section 94A Contributions

Category

Cost

Applicable Levy

S94A Levy

Development cost

$100,001 - $200,000

$110,000

0.5%

$550.00

 

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

 

Objections

Author and objection

Comment

None

 

 

Internal and external referrals

Development Engineer

An application has been received for alterations and additions at the above site.

 

This report is based on the following plans and documentation:

·      Job No 04210 Sheets 01A-07A by arkivis dated 12-08-10

 

Landscape Comments

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

 

Building Officer

Not referred

Environment Health Officer

Not referred

1. Heritage Officer

The property is part of an asymmetrical Federation style semi-detached pair comprising nos.4 and 6 Barrett Place.  Immediately to the south of the site is Barrett House, listed as a heritage item under Randwick Local Environmental Plan 1998 (Consolidation).  The Heritage Study Inventory Sheet notes that of particular historical interest is that much early Australian cinematography has been developed and edited in the building. 

 

A development application to adapt the front part of the dwelling for use as a Sustainable Demonstration House (DA/668/2008) was approved on 11 November 2008. The property incorporates display material dedicated to Franklyn Barrett and Australia’s early film industry, and is also used as a venue for the screening of the two surviving Franklyn Barrett silent films “A Girl of the Bush” (1920) and “The Breaking of the Drought” (1919).  A Heritage Impact Report which accompanied the development application included a Statement of Significance which noted that the residence also has representative streetscape significance by virtue of form and relationship to similar residences in the immediate setting. 

 

The application proposes an upper level addition comprising three bedrooms, a bathroom and a rear balcony.  A swimming pool is proposed in the rear garden and it appears that the height of the front fence is to be increased. 

 

Development application drawings are deficient in that they do not indicate RLs for floors or ceilings, or floor to floor heights.  It appears however that the upper level ceilings vary in height between 3.2m and 3.9m.  It is noted that the upper level addition is set towards the rear and does not interrupt the front plane of the roof.  These excessive ceiling heights however increase the bulk of the upper level addition, giving it greater prominence in the streetscape and increasing the overshadowing to Barrett House to the south.  It is suggested that the roof of the upper level addition be redesigned to reduce its wall height and overall height, for example by use of an asymmetrical dutch gable.  It appears that the wall height of the upper level addition could be considerably reduced (by at least 500mm).  The recommended roof re-design would reduce overshadowing and adverse impacts on the streetscape setting of the adjacent heritage item.  There are also concerns that the proposed changes to the existing low brick fence will detract from the integrity of the semi-detached pair.  It is suggested that a meeting be organised to discuss these issues. 

 

2. Heritage Officer

Following amended plans received by Council on 24 November 2010 the following comments were provided:

The property is part of an asymmetrical Federation style semi-detached pair comprising nos.4 and 6 Barrett Place.  Immediately to the south of the site is Barrett House, listed as a heritage item under Randwick Local Environmental Plan 1998 (Consolidation).  The Heritage Study Inventory Sheet notes that of particular historical interest is that much early Australian cinematography has been developed and edited in the building. 

 

A development application to adapt the front part of the dwelling for use as a Sustainable Demonstration House (DA/668/2008) was approved in November 2008.  The property incorporates display material dedicated to Franklyn Barrett and Australia’s early film industry, and is also used as a venue for the screening of the two surviving Franklyn Barrett silent films “A Girl of the Bush” (1920) and “The Breaking of the Drought” (1919).  A Heritage Impact Report which accompanied the development application included a Statement of Significance which noted that the residence also has representative streetscape significance by virtue of form and relationship to similar residences in the immediate setting. 

 

The application proposes an upper level addition comprising three bedrooms, a bathroom and a rear balcony.  A swimming pool is proposed in the rear garden and it appears that the height of the front fence is to be increased. 

 

My original comments noted that development application drawings did not indicate RLs for floors or ceilings, or floor to floor heights, with upper level ceiling heights apparently varying between 3.2m and 3.9m.  It was noted that the upper level addition was set towards the rear, not interrupting the front plane of the roof.  Concerns were raised however that excessive ceiling heights increased the bulk of the upper level addition, giving it greater prominence in the streetscape and increasing the overshadowing to Barrett House to the south.  It was suggested that the roof of the upper level addition be redesigned to reduce its wall height and overall height by at least 500mm. 

 

Amended drawings have now been received which indicate an upper level ceiling height of 2.7m and a ridge line around 0.7m higher than the existing ridge.  It is considered that the amended design will reduce overshadowing and adverse impacts on the streetscape setting of the adjacent heritage item. 

 

The following conditions should be included in any consent:

 

·      The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing building and surrounding buildings in the heritage conservation area.  Details of the proposed colours, materials and textures (ie- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

·      Details of the proposed paint scheme are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  Unpainted surfaces, eg- brickwork/stonework are to remain unpainted.

 


Recommendation

THAT the General Manager, Mayor and Chairperson Planning Committee, jointly, under delegated authority from the Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/706/2010 to carry out alterations and additions to existing dwelling including new first floor and swimming pool at 4 Barrett Place, RANDWICK  NSW  2031 subject to the schedule of conditions outlined in this report:

 

 

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

Assessment Officer

Elias Coorey

DATE: .........................................

 

Having considered the report of the Assessment Officer and after having taken into account Council's Local Environmental Policies and Codes I determine that the application subject of this assessment report should be determined in accordance with the recommendation.

 

I have exercised my delegation of authority, in accordance with the instrument of delegation, to determine this application.

 

 

 

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

 

GENERAL MANAGER

 

DATE: ......................................

 

 

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

 

MAYOR

 

DATE: ......................................

 

 

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

 

CHAIRPERSON PLANNING COMMITTEE

 

DATE: ......................................

 

 


Environmental Assessment

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

 


Site description

Location

Western side of Barrett Place

Nearest X street

Gilderthorpe Avenue

Zone

2A Residential

Special conditions

none

Frontage

6.815 m

Depth

36.705 m

Area

246.8 m²

Aspect

East facing

Slope

Mostly flat

Shape

Rectangular

Improvements

Semi detached dwelling

 

Locality description

North

Adjoining semi detached dwelling at no 2 Barrett Place

East

Opposite side of Barrett Place

South

4 Barrett Place

West

Side boundary of 54 Gilderthorpe Avenue

Surround

Residential

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposal 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 enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

Clause 43 Site is in the vicinity of a Heritage item at 4 Barrett Place.

The proposed development, as amended, is considered to be adequately sited and dimensioned and will not result in any significant adverse impacts on the neighbouring heritage item at No. 6 Barrett Place.

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

Not applicable

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

Refer to the “DCP” section of this report.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

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

No submissions have been received.

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

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

 

Building Sustainability Index: BASIX

SEPP 2004.

 

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

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

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Floor area

(Site area 246.8 m2) maximum FSR 0.5:1 

0.62:1

No – see discussion under SEPP 1

Height, Form & Materials

External wall height maximum 7m

Approximately 6.5 m

Yes

External wall height to the rear maximum 3.5m.

n/a

n/a

Cut or fill maximum 1m.

Pool excavated greater than 1 m below natural ground and doesn’t comply with the preferred 1m maximum.

The non compliance is acceptable as appropriate conditions have been included to adequately support the adjoining land.

No excavation within 900 mm of a side boundary.

Nil and 630mm from northern side common boundary shared with No 2 Barrett Place.

No.

The non compliance is considered acceptable and appropriate conditions have been included to ensure the adjoining land is adequately supported.

No excavation within 4m of a rear boundary.

7.5 m

Yes

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

The entire first floor addition is setback greater than 1.5m from the southern side boundary.

Yes

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

Amended plans received by Council on 24 November 2010 are considered to adequately respect the adjoining semi.

Building setbacks

Front setback average of adjoining dwellings or 6m

Behind main ridge line. Complies

Rear boundary setback at least 4.5m

7.5 m

Yes

Side setbacks be 900mm at ground level.

1600 mm

Yes

Side setbacks be 1.5m at second floor level.

1200 mm

Yes

Side setbacks be 3.0m at third floor level.

n/a

n/a

Visual & Acoustic Privacy

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

The proposed windows are considered acceptable having regard to visual and acoustic privacy impacts.

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

Privacy screens are required to be provided to the northern and southern sides of the upper level rear balcony.

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

Not required

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

n/a

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

Slightly reduced in morning

Yes

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

The sites configuration means that solar access to north facing side windows is unattainable.

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

The proposed development results in additional overshadowing to the southern neighbours roof however the southern neighbours roof will continue to receive solar access to a portion of its north facing portion during the winter solstice.

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

Significant impact to north facing living room windows, however it is considered acceptable on the basis that the site configuration on an east west axis means that any reasonable development would invariably result in overshadowing to these north facing windows and the proposed development as amended complies with the majority of building design criteria for dwelling houses under the DCP. Where non compliance occurs with the FSR standard under the LEP it is considered that the development will not be out of keeping with the bulk and scale of other two storey semi detached developments in the locality.

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

Reduced during morning and midday periods, however the proposed development will not result in the southern neighbour’s rear yard receiving less than the required 3 hours minimum.

 

Schedule of Conditions

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered DA01A to DA04A, and received by Council on 24 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:

 

2.       The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing building and surrounding buildings in the heritage conservation area.  Details of the proposed colours, materials and textures (ie- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

3.       Details of the proposed paint scheme are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  Unpainted surfaces, eg- brickwork/stonework are to remain unpainted.

 

4.       To maintain a reasonable level of privacy to the neighbouring properties located at No 2 and No 6 Barrett Place, a privacy screen must be provided to the northern and southern sides of the new first floor rear balcony, prior to the use or occupation of the new balcony.

 

The privacy screen must have a height of 1.8m and be designed to ensure no direct overlooking into their rear yard or habitable living areas. Details of the privacy screen must be provided on the plans accompanying the Construction Certificate application.

 

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

 

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

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

 

7.       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.

 

8.       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:

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

 

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

 

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

 

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

 

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

 

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

 

11.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $110,000 the following applicable monetary levy must be paid to Council: $550.00.

 

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

 

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

 

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

 

12.     In accordance with Section 80A (11) of the Environmental Planning and Assessment Act 1979 and Clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition that all of the required commitments listed in the relevant BASIX Certificate for this development are fulfilled.

 

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

 

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

 

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

 

14.     The following provisions are to be implemented in accordance with the relevant BASIX Certificate and details are to be included in the Construction Certificate documentation (as applicable), to the satisfaction of the Certifying Authority:

 

·           Stormwater management (i.e. rainwater tanks)

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

·           Landscaping provisions

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

·           Energy efficiency (i.e. cooling & heating provisions and hot water systems)

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

18.     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.

 

19.     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).

 

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

 

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

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

24.     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.

 

25.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

·          Occupational Health and Safety Act 2000 & Regulations

·          WorkCover NSW Guidelines & Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

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

 

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

 

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

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

·          Details of hazardous materials (including asbestos)

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

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works will commence

 

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

 

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

 

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

 

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

 

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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

 

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

 

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

 

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

 

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

 

31.     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.

 

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

 

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

 

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

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management details.

 

The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity to the satisfaction of Council. 

 

A copy of the Construction Site Management Plan must be provided to the Principal Certifying Authority and Council.  A copy must also be maintained on site and be made available to Council officers upon request.

 

The sediment and erosion control measures are to be in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to the satisfaction of Council and details are to be provided in the Construction Site Management Plan. 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

 

 

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

 

 


Delegated Report for DA/1016/2010 19 Walsh Avenue, Maroubra

Attachment 2

 

 

DELEGATED ASSESSMENT REPORT - Report of the Director, City Planning

(Alterations & Addition to Existing Class 1 & 10 buildings including swimming pools)

11th January 2011

Development application description

Proposal

Alterations and additions to existing dwelling including new first floor (SEPP1 objection to floor space ratio control)

Report Author

Perry Head

File

DA/1016/2010

Ward

Central

Address

19 Walsh Avenue, MAROUBRA 

Zone

2A

Applicant

Ms A C Cummins

Date DA submitted

17 November 2010

Owner

Mr J A Copley and Ms A C Cummins

Value of work

$ 264 000

Permissibility

Permissible with consent.

BCA Class

1a

Exhibition

14 days notification to 7th December 2010.     

Objections

No

 

Recommendation

Approval subject to conditions

 

Assessment summary

The proposed alterations and additions to the dwelling satisfies the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies and will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost

More than $200,000

$ 264 000

1.0%

$ 2 640.00

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

 


Recommendation

DATE……………….         

 

 

…………………………………..

GENERAL MANAGER

 

 

DATE……………

 

B. THAT Council's Coordinator Development Assessment under delegated authority from the General Manager, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/1016/2010 for alterations and additions to existing dwelling including new first floor (SEPP1 objection to floor space ratio control) at 19 Walsh Avenue, MAROUBRA subject to the schedule of conditions outlined in this report:

 

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

Assessment Officer

Perry Head

DATE: .........................................

 

Having considered the report of the Assessment Officer and after having taken into account Council's Local Environmental Policies and Codes I determine that the application subject of this assessment report should be determined in accordance with the recommendation.

 

I have exercised my delegation of authority, in accordance with the instrument of delegation, to determine this application.

 

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

 

Coordinator

 

DATE: ......................................

 


Environmental Assessment

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

 


Site description

Location

Eastern side of Walsh Avenue

Nearest X street

Maroubra Road

Zone

2A Residential

Special conditions

None

Frontage

7.62m

Depth

48.41m

Area

367m²

Aspect

Western

Slope

The site falls from the rear to the front with a difference in level of up to 1m

Shape

Rectangular

Improvements

On site at present there is an existing single storey semi detached dwelling.

 

Locality description

The locality is entirely residential and contains a mixture of semi detached and free standing dwellings.

 

Description of proposal

The application details alterations and additions to the existing dwelling including a ground level addition to the rear of the dwelling comprising a new laundry, living, dining and kitchen and an upper level containing two bedrooms and a bathroom. The proposal will provide for 79m of additional floor area to the dwelling.

 

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposal 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 enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

With particular regard to Clause 20F of the LEP relating to floor space ratio the proposal does not comply with that control and a SEPP 1 Objection has been lodged and are discussed below.

NB: it is noted that the applicant has also included SEPP 1 Objections in relation to non compliance with both the landscaping and wall height controls, however the proposal complies with both of those controls, with the total area of landscaping on the site representing 50% of the site area and the wall height of the dwelling, not including the gables which are not included in the wall height calculation as provided in the definition in the LEP, does not exceed 7m.

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

Not applicable

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

Refer to the “DCP” section of this report.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

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

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

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

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

No submissions have been received.

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

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

 

Building Sustainability Index: BASIX

SEPP 2004.

 

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

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

 

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

 

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

 

Floor space ratio

Pursuant to Clause 20(F) of RLEP 1998, the maximum floor space ratio (FSR) for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2A is 0.5:1 or 184m2 gross floor area (GFA). The proposal has an FSR of 0.57:1 or 210m2 GFA, and exceeds the development standard by 0.07:1 or 26m2. The proposal entails a variation to the standard by 14%.

 

The proposed variation is summarised in the table below:

 

 

Floor space ratio (FSR)

Gross floor area (GFA)

Existing building

0.36:1

154m

Proposed development inclusive of existing floor space

0.57:1

210m

Permissible FSR /  GFA

0.5:1

184m

FSR / GFA in excess of LEP standard

0.07:1

26m

 

Matter 1

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

 

·      Comments:

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

 

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

 

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

 

·      The proposal if defined as a dwelling complies with the Dwelling House DCP controls.

·      The proposal is in keeping with the scale of the adjacent development.

 

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

 

The proposed alterations and additions to the dwelling, in particular the upper level addition will not be out of keeping with the nature of the surrounding development which includes numerous examples of similar upper level additions to other semi detached dwelling that are of consistent bulk and scale.

 

The proposed development will not result in any unreasonable impacts upon the amenity of the adjoining dwellings or the locality in general.

 

The degree of non compliance with the control is not substantial.

 

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 standards 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.”

 

·      Comments:

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

 

The proposal is also consistent with the relevant objectives of Residential 2A Zone in that it will provide for a low density residential environment and will maintain the desirable attributes of established residential areas.

 

Matter 3

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

 

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

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

 

·      Comments:

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

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 in question is unreasonable and unnecessary as the design scheme will achieve the underlying purposes of the standards.

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

The underlying objective of the standard would not be defeated or thwarted as full numerical compliance in this particular instance is unreasonable. The proposed FSR will not result in detrimental streetscape or amenity impacts on the locality. The resultant built form and scale are compatible with the surrounding residential premises and represent a suitable  development.

 

Fourth

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

 

Comments:

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

 

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

 

Fifth

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

 

Comments:

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

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

50%

Yes

25m² of private open space provided.

95m2 +

Yes

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

7.6m x 12.5m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

37%

Yes

Floor area

(Site area 367m2) maximum FSR 0.6:1 

0.57:1

Yes

Height, Form & Materials

External wall height maximum 7m

6.8m

Yes

Cut or fill maximum 1m.

No more than 1m

Yes

No excavation within 900 mm of a side boundary.

Up to northern side boundary

No, see comment below

No excavation within 4m of a rear boundary.

No

Yes

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

Whole upper level exceeds 1.5m from southern boundary

Yes

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

Upper level sited well behind front of adjoining semi detached dwelling

n/a

 

There are no objections to the siting and excavation of the rear ground floor addition up to the side boundary as this is a continuation of the party wall between the two dwellings and conditions of consent are included with respect to proper excavation procedures to maintain the stability of the subject and adjoining dwellings.

 

 

Building setbacks

Front setback average of adjoining dwellings or 6m

No change

Yes

Rear boundary setback at least 4.5m

16m

Yes

Side setbacks be 900mm at ground level.

1100mm to southern and up to northern side boundary

See comment below

Side setbacks be 1.5m at second floor level.

2550mm to southern and up to northern side boundary

See comment below

 

There are no objections to the setback of the additions to the dwelling up to the northern side boundary as the new portion of the wall is a continuation of the party wall between the two semi detached dwellings to maintain fire separation and will not result in any adverse impact upon the amenity of the adjoining semi detached dwelling.

 

 

Privacy

The proposed alterations and additions to the existing dwelling will not result in any major impact upon the existing levels of privacy to the adjoining dwellings as the upper level contains only bedrooms and a bathroom with no upper level balcony proposed.

 

 

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

n/a

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

Some reduction

Yes, remaining complies with DCP controls

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

Yes

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

No impact to solar collectors

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

No significant additional impact to north facing living room windows

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

Some reduction

Yes, remaining complies with DCP controls

 

Schedule of Conditions

 

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

 

1.  The development must be implemented substantially in accordance with the plans numbered  DA.1001, DA.1002, DA.1003, DA.1004, DA.1005 all issue A, dated  September 2010 and received by Council on the 17th 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:

 

2.  The colours, materials and finishes of the external surfaces to the building are to be consistent with the schedule of external materials and finishes received with the application on the 17th November 2010.

 

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

 

Options may include one or more of the following measures:

 

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

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

 

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

 

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

 

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

 

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

 

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

 

5.  In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $ 264 000 the following applicable monetary levy must be paid to Council: $ 2 640.00.

 

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

 

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

 

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

 

6.  In accordance with Section 80A (11) of the Environmental Planning and Assessment Act 1979 and Clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition that all of the required commitments listed in the relevant BASIX Certificate for this development are fulfilled.

 

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

 

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

 

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

 

8.  The following provisions are to be implemented in accordance with the relevant BASIX Certificate and details are to be included in the Construction Certificate documentation (as applicable), to the satisfaction of the Certifying Authority:

 

·           Stormwater management (i.e. rainwater tanks)

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

·           Landscaping provisions

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

·           Energy efficiency (i.e. cooling & heating provisions and hot water systems)

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·          Occupational Health and Safety Act 2000 & Regulations

·          WorkCover NSW Guidelines & Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

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

 

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

 

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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

 

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

 

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

 

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

 

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

 

24. 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.

 

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

 

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

 

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

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management details.

 

The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity to the satisfaction of Council. 

 

A copy of the Construction Site Management Plan must be provided to the Principal Certifying Authority and Council.  A copy must also be maintained on site and be made available to Council officers upon request.

 

The sediment and erosion control measures are to be in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to the satisfaction of Council and details are to be provided in the Construction Site Management Plan. 

 

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

 

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

 

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

 

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

 

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

 

 

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

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

 

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


Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM13/11

 

 

Subject:                  Camping at Clovelly Beach Car Park

Folder No:                   F2004/06137

Author:                   Councillor Matson, Mayor     

 

Introduction

 

Over the Christmas/New Year’s period the Clovelly Beach car park was affected by a significant influx of independent travellers choosing to sleep overnight in their vehicles.  Most of these travellers were using campervans and some were using station wagons.

 

The number of overnight campers was regularly exceeding 50 vehicles.  The behaviour of some of these independent travellers was poor in these makeshift camp sites: partying noisily into the night and leaving rubbish and toilet paper around Clovelly Beach car park. Numerous complaints were received from local residents about the loss of parking spaces, about the behaviour of these travellers and about the litter and mess left in the area.

 

Issues

 

The Council responded quickly to this sudden influx of campervans and temporary signage restricting overnight camping was installed.   Randwick Council Rangers and local police ‘cracked down’ on dozens of backpackers camping illegally in campervans along the coast.  The first early morning patrol resulted in the ‘moving on’ of some 45 vehicles parked overnight at Clovelly, Coogee, Maroubra and Malabar beaches.  Also, emails advising that camping in public parking areas is not permitted, were sent to a range of campervan rental operators.

 

This action is aimed at balancing the needs of residents while still ensuring visitors and tourists can access Sydney’s beautiful beaches.  I acknowledge that we have been forced to take this action by a few bad eggs.  The majority of backpackers are respectful of the area’s sensitive environment.  Backpackers and international tourists are welcome in Randwick but the message needs to get out there that freeloading in a public car park for days on end is not acceptable.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6:     A Liveable City.

Direction 6b:    Our town centres, beaches, public places and streets are safe, inviting, clean and support a recognisable image of our City.

 

Financial impact statement

 

There is no direct financial impact for this matter, at this time.

 

Conclusion

 

This seasonal influx is not a problem that will go away.  The Council needs to be in a position to manage the situation each season.  I propose that Council establish a forum to examine the current situation, suggest methods for controlling the annual influx and explore any long term strategy to provide designated areas for campervans. This forum could have the following members:  the Mayor, Deputy Mayor and representatives from the Precinct Committees, Randwick Tourism Inc, the Backpacker Operators Association and the Police.

 

Recommendation

 

That a forum be established, comprising the Mayor, Deputy Mayor and representatives from the Precinct Committees, Randwick Tourism Inc, the Backpacker Operators Association and the Police, to identify and assess a range of sites with Council-owned toilet and/or shower facilities where a limited number of one night parking permits for backpacker vans can be issued on a deposit basis.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM14/11

 

 

Subject:                  Bardon Park

Folder No:                   F2011/00008

Author:                   Councillor Matson, Mayor     

 

Introduction

 

This Mayoral Minute addresses my intention to bring forward this matter in order to deal with community concerns regarding Bardon Park, Coogee.

 

Issues

 

Council resolved (Notley-Smith/Procopiadis) at the meeting on 14 December 2010 (in part) to:

 

Increase the number of children to train at Bardon Park Coogee to up to 60 children on Tuesday and Thursday nights between the months of March and September;

 

Renovate the surface of the park to ensure a safe playing surface for the children and a well maintained surface all year round for all of the community;

 

Line marking of the park, erection of removable posts at the southern end of the park and to continue to work towards finding a suitable long-term location for the Coogee Dolphins with a report to come back to Council on options available by September 2011.

 

At the Council meeting Councillors requested that the works at Bardon Park to upgrade the playing surface be completed for the current rugby league season which will commence around April.  Council commenced erection of the wire perimeter fence at Bardon Park around 22 December 2010.  A number of residents raised concern with me over the park not being available over the Christmas period for the local families.  Council ceased work on the erection of the fence and sent a notice to the adjacent residents that works would commence in the first week of January 2011 at which point the park would be closed while the works were being undertaken.  Subsequently, council erected signage on the perimeter fence and letter-box dropped 2,000 local residents to inform them of the closure of Bardon Park and the works that were being undertaken.

 

A number of residents have expressed concern at Council’s lack of consultation regarding Bardon Park.  I have attended a number of community meetings whereby the residents have stated that they are not happy with Council’s handling of this matter and that they are concerned with Bardon Park being used by one particular group in the community to the exclusion of the general community.  I consider the failure to refer the matter to the Coogee Precinct Committee to have been a mistake.

 

An external independent consultant has commenced preparing a section 96 application to address the increase in children training at Bardon Park, the line marking and the installation of removable goal posts.  The section 96 will be reported to Council after it has been publicly exhibited and assessed.  The assessment will be undertaken by a second external independent planning consultant and Councillors will debate the recommendation at a council meeting.

 

It is clear, from the Council resolution on 14 December 2010, that Council will seek to find a long-term location for the Coogee Dolphins.  However, given the community concerns and interest with this matter, I feel that Council and the community cannot wait until September for this report to be brought to Council.  I am proposing through this Mayoral Minute that the Council staff bring a report back to Council by April 2011 that identifies a suitable long-term location for the Coogee Dolphins.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Bardon Park Coogee is an important community asset and Council needs to work with our residents and the Coogee Precinct to find long term solutions for the asset.  Council needs to ensure that appropriate community consultation is undertaken when dealing with public open space.

 

Recommendation

That:

 

a)     the Council report in relation to providing a suitable long-term location for the Coogee Dolphins be brought forward from September 2011 to April 2011.

 

b)     the report assesses Coogee Oval and Latham Park as two such possible long-term options but not Grant or Trennary Reserves.

 

c)     Council refers the completed assessment report on the Section 96 application to the Coogee Precinct Committee prior to consideration by Councillors.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM15/11

 

 

Subject:                  Royal Humane Society Bronze Medal Award for Bravery - Peter Halcro and Paul Moffatt

Folder No:                   F2006/00185

Author:                   Councillor Matson, Mayor     

 

Introduction

 

The Royal Humane Society of NSW has advised Council Beach Lifeguards, Peter Halcro and Paul Moffatt, that they are to receive a bravery award. This award is in recognition for their actions relating to the stormwater drain incident at South Coogee on the 20 January 2008.

 

Issues

 

The Royal Humane Society is an organisation that acknowledges acts of human bravery when saving or endeavouring to save life. They acknowledge these acts through the presentation of awards and medals.

Peter Halcro and Paul Moffatt both will receive the Bronze Medal at a function to be arranged in November 2011.

 

Financial Impact Statement

 

There is no financial impact on Council.

 

Recommendation

 

That Council note this tremendous honour to Peter Halcro and Paul Moffatt.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM16/11

 

 

Subject:                  Completion of the Maldon-Dombarton Rail Line

Folder No:                   F2011/06574

Author:                   Councillor Matson, Mayor     

 

Introduction

 

There is an uncompleted freight link from Port Kembla to south west Sydney that, if completed, could take stress off Port Botany. This would have the positive benefits of reducing road congestion in our area.

 

The line consists of 15 kilometres of dual standard gauge track from Port Kembla to Dombarton and a 35 kilometre partly completed link between Dombarton and Maldon, near Picton, to the south-west of Sydney.

 

The Maldon-Dombarton section was commenced by the NSW Government in 1983, to improve access for coal trains to Port Kembla. However the contract was cancelled by the NSW Government in mid-1988 on the basis that the line was not economically viable.

 

Issues

 

Nexus with Randwick City Council

The Department of Infrastructure and Transport’s issue paper (“Maldon to Dombarton Rail Link Feasibility Study Issues Paper November 2010”) saw a benefit for our area of Sydney.

 

“Improved rail access to Port Kembla enabled by the Maldon-Dombarton line would support the option for the port to potentially develop its container operations to provide services as a possible overflow port should Port Botany or its related landside infrastructure encounter capacity constraints.” (http://laperouse.info/wordpress/wp-content/uploads/2010/11/maldon_dombarton_issues_paper_final.pdf)

 

The issues paper addressed the impact that the expansion of Port Botany may cause on present freight capacity predictions.

 

“In 2009-10, Port Botany handled 1.9 million containers (TEUs1). At present, the port has a cap of 3.2 million TEUs, which is estimated by the consultants to be reached between 2017 and 2021 when using Port Botany’s published growth forecasts. However, the port has been extended and a third stevedore appointed. Whether a higher capacity is reached inside the study period (2030) will depend on growth rates.”(http://laperouse.info/wordpress/wp-content/uploads/2010/11/maldon_dombarton_issues_paper_final.pdf)

 

The study notes that planners are foreseeing road and rail congestion around Port Botany resulting from the expansion.

 

“The real constraint may not be the port itself but the access to it. Road links are congested and rail links must deal with passenger priority and congestion issues. Both road and rail links are now being upgraded. Sydney Ports is planning to build a dedicated road link from the new terminal directly to the heavy truck route on Foreshore Road, via a six-span bridge.” (http://laperouse.info/wordpress/wp-content/uploads/2010/11/maldon_dombarton_issues_paper_final.pdf)

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

It is the intent of the NSW Government to get 40% of Port Botany container traffic off roads and onto rail. There is general consensus that this target is unlikely to be achieved. It is logical to argue that this target could be more easily met if shipping containers were diverted through Port Kembla via a completed Maldon-Dombarton rail link.

Recommendation

 

That Council calls on the NSW government to complete the unfinished Maldon-Dombarton rail line to enable the diversion of shipping containers from Port Botany to Port Kembla and to ensure that the completed line carries both passengers and freight.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM17/11

 

 

Subject:                  Proposal to consider the purchase of carbon offsets as Randwick Council's approach to respond to its greenhouse gas emissions

Folder No:                   F2006/00176

Author:                   Councillor Matson, Mayor     

 

Introduction

 

This Mayoral Minute seeks Council’s approval for the purchase of carbon offsets as a means of responding to Randwick’s excess greenhouse gas emissions.

 

Issues

 

Following Council’s purchase of carbon offsets in the previous financial year, First Climate, the provider of those offsets, has written to Council to ask if we will be following up with a further purchase to offset our carbon emissions.

 

I understand that under the Local Government Emissions Trading Scheme (LGETS) which Randwick is leading development of, the preliminary data shows Council is currently just over 500 tonnes short of meeting its annual 4 percent reduction target. If we were to take practical action to reduce this 500 tonnes it would require the removal of more than 150 vehicles off the road for a year, or the installation of more than 800 kilowatts of solar panels (as an example the installation of the 36 kilowatts of solar panels at the Works Depot cost in the order of $300,000).

 

When Council previously purchased its carbon offsets, the cost for an amount of 600 tonnes was at $32 per tonne. Since then prices have fluctuated dramatically and the current price is around $20 per tonne. Council’s purchase would cost approximately $10,500.

 

One major complicating factor since our last purchase is the Commonwealth Government has set a new standard for carbon offsets commencing from July last year. The new standard sets out the requirements for the measurement of carbon footprints and carbon neutrality but also means there are currently no Australian based projects that meet the new standard for carbon offsets. The Australian Government has established a working group to identify qualifying projects but the net result is that properly accredited carbon offsets can still only be purchased from officially recognised overseas renewable energy projects.  Waiting the advice of this working group as to which Australian projects may provide a legitimate form of carbon offset is an option but there is no clear timeline for this outcome to be achieved in the short to medium timeframe.

 

Financial impact statement

 

If approved by Council, $10,500 of carbon offsets will be purchased from the climate change budget of the environmental levy. 

 

Conclusion

 

Council is continuing to lead by example in the range of measures it has underway to reduce energy consumption and levels of greenhouse gas emissions from Council operations. It has also been instrumental in the development of the Local Government carbon trading scheme. Nevertheless, there is still a shortfall in meeting our annual 4 percent greenhouse gas reduction target under our carbon trading scheme.

 

Purchasing carbon offsets is a legitimate way to meet our greenhouse gas reduction goals.

 

Recommendation

 

That Council purchase approximately $10,500 worth of carbon offsets that comply with the Australian carbon offset standard.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM18/11

 

 

Subject:                  Kingsford South precinct

Folder No:                   F2004/08212

Author:                   Councillor Matson, Mayor     

 

Introduction

 

Council is in receipt of the minutes of the Kingsford South precinct meeting held on 8 December 2010. These minutes are attached to this Mayoral Minute for Councillors consideration.

 

After reviewing these minutes, I have serious concerns about the administration of the Kingsford South precinct, and whether it is operating within the Rules and Procedures of precincts.

 

Issues

 

Precincts play a significant role in the community consultation processes of the Council. They were established to increase the flow of information between the Council and the community and to encourage community engagement by developing a sense of community between the Council, community and the local environment.

 

It is clear from the minutes of this December 2010 precinct meeting that the Kingsford South precinct, as it currently operates, does not encourage community engagement by developing a sense of community between the Council, community and the local environment.

 

The Rules and Procedures of precincts were developed in conjunction with precincts and the Precinct Coordination Committee, and have been endorsed by the Council. The Rules and Procedures set out the purposes of precincts and how they are to operate.  Attached is a copy of the Randwick City Precincts Rules and Procedures.

 

The Kingsford precinct has not operated within the framework of the Rules and Procedures for some years. For example, precincts are required to keep minutes of meetings and forward them to the Council. Meeting minutes are the means that precinct resolutions are passed on to the Council.  Without these minutes the community voice as expressed in precinct meetings is not heard by the Council.

 

Council has not received any minutes of the Kingsford South Precinct meetings between June 2005 and December 2010, despite a number of requests by the Council. Over the last five years the Kingsford precinct is the only precinct in Randwick City which has failed to supply the Council with minutes as a matter of course.  During that time Council has only received the minutes of two Annual General Meetings.

 

A review of the Kingsford South precinct office bearers shows that a particular individual has held the position of either secretary or chair each year between 2002 and 2011. However, whenever a Council officer has been present at a precinct meeting, this individual has been running the meeting. The only communication between the precinct and Council has been through this individual. In other words this individual has been both the effective secretary and the chair since 2002. Precincts are required to seek the General Manager’s approval for an extension of the term of executive members beyond two years. At no stage has the precinct sought the General Managers’ approval. This is contrary to the intent of the Precinct Rules and Procedures.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

It is important for the integrity of the precinct system that precincts operate within the Rules and Procedures of precincts. In my view, after reviewing the minutes of the 8 December 2010 precinct minutes, the office holders of the Kingsford South precinct are not achieving the objectives of precincts as a vehicle for community consultation and engagement and are not supplying sufficient direction to enable the precinct to operate within the Rules and Procedures of precincts.

 

Recommendation

 

That:

 

a)     an external review is conducted into the administration and operation of the Kingsford South precinct by an independent consultant.

 

b)     the General Manager meet one on one with the recently appointed Chairperson of the Kingsford South Precinct to discuss Council’s concerns and the obligations of precinct office holders.

 

Attachment/s:

 

1.View

Kingsford South Minutes - December 2010

 

2.View

Precinct Rules & Procedures

 

 

 

 


Kingsford South Minutes - December 2010

Attachment 1

 

 





Precinct Rules & Procedures

Attachment 2

 

 

 

 

 

 

RANDWICK CITY

 

 

 

Precinct

 

Rules and Procedures

 

 

 

 

 

 

 

Endorsed and adopted at the Council’s Ordinary meeting of 14 December 2010.

 

 

 

 

 

 

 

 

 

 

 

 

CONTENTS

 

INTRODUCTION.. -

 

PRECINCT OBJECTIVES..

 

PRECINCT MEMBERSHIP..

 

PRECINCT MEETINGS..

 

THE PRECINCT EXECUTIVE..

 

THE CHAIRPERSON..

 

THE SECRETARY..

 

THE AGENDA..

 

THE MINUTES..

 

MATTERS REFERRED BY COUNCIL TO PRECINCTS.. -

 

PRECINCT FUNDING..

 

CONFLICTS OF INTEREST    ……………………………………………………………………………..…

 

 

PRECINCTS AND THE MEDIA……………………………………………………………………………...…

 

PRECINCT COORDINATION COMMITTEE..

 

COUNCIL’S COMMUNITY CONSULTATION COORDINATOR..

 

 


Precinct Rules & Procedures

Attachment 2

 

 

INTRODUCTION

 

Randwick City Council, in pursuing its commitment to community engagement, has established Precinct meetings throughout the City.

 

Precinct meetings are convened by residents and supported by Council. They play a vital role in ensuring that future changes in the City of Randwick take residents’ views into account.

 

Precincts have been established to increase the flow of information between the Council and the community and to provide residents with an opportunity to be more active in the decision making process.

 

Precincts are not decision-making bodies, but act as a conduit moving issues and opinions between the community and Council.

 

Council’s Community Consultation Coordinator (CCC) assists Precincts seeking the information necessary to make informed decisions and recommendations on matters referred to them by Council.

 

In order to be effective, Precincts rely on the goodwill of all who attend meetings. Precincts are not to function as resident action groups and attempts by an action group or political party to dominate a Precinct meeting will ultimately reduce the effectiveness and credibility of that Precinct.

 

PRECINCT OBJECTIVES

 

The objectives of the precinct system are:

·      to encourage community engagement by developing a sense of community between the Council, community and the local environment

·      to facilitate continuous, clear two-way communication between Randwick City Council and the community

·      to provide a formal system of information transfer between residents, property owners, tenants and Council, and

·      to encourage residents’ and property owners’ contribution to Council's decision making process.

 

PRECINCT MEMBERSHIP

 

All residents, tenants and property owners within the designated Precinct area are eligible to attend precinct meetings.

 

At least 20 members representing 20 different family groups must indicate their interest in establishing a Precinct in their area.

 

Each Precinct must annually elect an Executive, comprising a Chairperson and a Secretary. Executive Officers are elected at the initial Precinct meeting. All residents, tenants and property owners within the designated Precinct area are eligible to be office bearers, however the nominees cannot be from the same family or household.

 

Maps showing the current Precinct boundaries accompany these Precinct Rules and Procedures. Residents, tenants and property owners who live in or own property on the border of two or more Precincts may attend any of the adjoining Precinct meetings.

 

Councillors are eligible to be members of the Precinct in which they reside. However, they are only entitled to attend other Precinct meetings by invitation. Councillors cannot accept nomination for Executive roles within any Precinct.

 

PRECINCT MEETINGS

 

Each Precinct should aim to hold a public meeting once per month.  It is preferable that meetings are held a minimum of six times per year in different months.

 

It is the responsibility of the Precinct Executive to inform residents of the time, date and agenda for the next meeting. This may be done by way of a letterbox drop, posters and/or email.

 

Each Precinct meeting requires a quorum of 10 people. The number of people set for a quorum is to ensure that meetings remain as representative as possible. If a quorum is not reached, the meeting may still proceed, however the Council will note the vote count and take this into consideration when responding to the recommendations.

 

No resident, property owner or tenant is to be excluded from any Precinct meeting.

 

It is necessary for each Precinct to establish specific meeting procedures for the smooth running of their meetings, in line with these Rules and Procedures. The procedures must demonstrate respect for fellow attendees.

 

The Chairperson is responsible for guiding and controlling the meeting and ensuring that debate is conducted in accordance with standard meeting practice. It may be necessary to limit the number and length of time a particular person can discuss a matter, to ensure that no one individual dominates the meeting.

 

Matters to be discussed and voted on should be formulated as a motion. When sufficient discussion has occurred, members should be asked to vote on the motion and the number of people voting for, against and abstaining, will be recorded in the minutes.

 

THE PRECINCT EXECUTIVE

 

The Executive of a Precinct comprises the Chairperson and Secretary.

 

Precincts may elect additional members to assist the Executive.  For example the precinct meeting may wish to elect a Treasurer or an Assistant Secretary.

 

The Executive is to ensure that Precinct meetings are conducted in accordance with standard meeting procedures.

 

The Executive is to ensure that residents, tenants and property owners are given at least five days advance notice of a scheduled meeting.

 

The Executive may need to call a Special Meeting if a decision on a matter is needed before the next scheduled meeting is to be held. For example this may occur when comments are required for a Development Application (DA) submission.

 

In exceptional circumstances, when an issue affects more than one Precinct, the respective Precinct Executives may facilitate the calling of a combined meeting.

 

All Precinct correspondence or requests to Council are to be directed to the CCC at Randwick City Council and can only be lodged by the Precinct Executive.

 

Precincts must keep accurate financial records, which are to be prepared for the Annual General Meeting (AGM). The role of Treasurer may be performed by either the Secretary or the Chairperson.

 

The AGM for each Precinct will be held in November of each year when the Executive office bearers are elected.

 

Appointment to the position of a Chairperson and Secretary will commence upon election and become vacant on the day of the next AGM in November of the following year. If a vacancy should occur for any of the Executive positions during the year, an election shall be held to fill such a vacancy at the next Ordinary Meeting.

 

A member may hold the same position of either Chairperson or Secretary for no more than two consecutive years. Any extension beyond this time must be through a formal request to the General Manager of Randwick City Council.

 

THE CHAIRPERSON

 

The Chairperson is responsible for preparing an Agenda for each meeting. The Chairperson should follow this Agenda, however if the meeting wishes to bring forward special items such as a guest speaker, the order of items can be voted on to be adjusted accordingly.

 

The Chairperson is responsible for guiding and controlling the meeting and ensuring that decisions made, are achieved after fair and reasonable debate has taken place.

 

The Chairperson's role is to focus the meeting on the issues, ensure that everyone gets a chance to speak and be heard, discourage repetition and irrelevance and guide the meeting to consensus if necessary.

 

It is the role of the Chairperson to ensure that the meeting is conducted within a two hour period.

 

It is appropriate to allow some discussion on each item prior to moving a motion and voting. However, if the discussion takes too long, it may lead to a particular item dominating at the expense of other agenda items or the length of the meeting will be extended.

 

THE SECRETARY

 

The Secretary is responsible for:

 

·      administration of the Precinct

·      assisting the Chairperson with the preparation of the Agenda for the meeting including the setting of meeting dates

·      taking the minutes, attending to incoming and outgoing correspondence

·      the management, maintenance and monitoring of the attendance book

·      preparing and forwarding the Minutes to the CCC electronically, no later than 10 working days after the meeting, and

·      notifying the CCC of any changes to meeting dates or events as soon as they are known, or at least 10 working days prior. This is essential to meet advertising deadlines.

 

THE AGENDA

 

The Chairperson, in consultation with the Secretary, should prepare an Agenda for each meeting. The Agenda sets out the order of business for the Chairperson to follow and should be circulated prior to the meeting.

 

The attendance register is to be signed on arrival and verified by the Secretary prior to the end of the meeting.

 

The order of business is as follows:

 

·      Welcome by the Chairperson

·      Apologies

·      Declaration of pecuniary and non-pecuniary interest

·      Ratification of previous minutes

·     Business arising from the minutes (any matter/s that were raised at the previous

          meeting which required action to be followed-up

·      Incoming and outgoing correspondence

·      Business arising from the correspondence

·      Treasurer's report

·      Other reports (sub-committees)

·      General business

·      Next meeting date

·      Meeting close.

 

THE MINUTES

 

Minutes of the Precinct meeting should contain the following information:

·      the number of attendees at the meeting, with the number of apologies

·      all correspondence to and from the Precinct is to be tabled and noted in the minutes

·      any declarations of pecuniary and non-pecuniary interest

·      any motions that have been passed, including the number of votes for and against the motion, as well as any abstentions, and

·      a copy of the minutes is to be sent to the CCC within 10 working days of the meeting.

 

Minutes are ratified at the following Precinct meeting by two people who can verify the accuracy of those minutes.  The minutes of a Precinct Meeting are a public record of a community meeting, and as such, are available to residents, property owners and tenants.

 

The Secretary is to keep an attendance book which must include the date, name, address and signature of all attendees. This record will be presented to the AGM. The General Manager of Randwick City Council may request to see this record at any time during the year.

 

Persons attending a meeting who have an interest in a Development Application should declare that interest and abstain from voting. This includes the applicant, their relatives, architects and builders.

 

Urgent submissions to DAs should be forwarded directly to the Planning Department within the specified time. Confirmation of this submission will still need to be recorded in the minutes of that meeting.

 

Council would prefer Precincts to forward meeting minutes electronically. Timely receipt of the minutes will ensure that Council is given sufficient time to prepare an appropriately detailed response to the Committee.

 

Council needs to know if a Precinct has any objections to specific matters forwarded to the Precinct by Council. It is equally important that Council is notified if the Precinct meeting has no objections to, or in fact supports, a specific matter.

 

 

MATTERS REFERRED BY COUNCIL TO PRECINCTS

 

The following matters are regularly forwarded, in electronic and/or in hard copy, to Precinct Committees for comment and recommendations back to Randwick City Council:

 

·      Council Business Papers

·      Major public works proposals

·      Traffic management proposals

·      Park and reserve improvement proposals

·      Community services activities and events

·      Zoning changes which affect a specific Precinct area

·      Major policies or policy changes which directly affect the whole community

·      A list of current development applications (DA)

·      Additional information on request.

 

Precinct may also view the hard copy display DA files relevant to their Precinct at Council’s Customer Service Centre during business hours.

 

Randwick City Council also makes these display files available overnight, on request from a Precinct Executive member, with three working day’s prior notice to the CCC.

 

A file may be collected from Council only between 4.45pm and 5pm on the agreed date and must be returned at 8.30am the following working day.

 

Council provides this service to Precinct Executives in good faith and expect all due care and responsibility to be taken with these files.

 

Failure to comply with these conditions will result in result permanent or temporary withdrawal of this borrowing privilege to precincts.

 

Council Business Papers will continue to be mailed in hard copy and will be sent electronically once Council’s computer system enables this.

 

PRECINCT FUNDING

 

Each year Council allocates an amount of money to Precincts to assist with offsetting costs associated with running each Precinct meeting. Such expenses may include the hiring of a Post Office Box, phone calls made for the purposes of Precinct business and other associated expenditure. Please note, receipts must be presented and minuted at each meeting before reimbursement can be made.

 

Funding is subject to compliance with Council’s Precinct Rules and Procedures.

 

Council also provides in-kind assistance to support the Precincts. This includes:

·      The CCC position and resources

·      A copy of all relevant Council documents including copies of all Council Business Papers and DA lists

·      The allocation of a ream of printed paper per month for each Precinct

·      Hall hiring fees

·      Advertising of meetings in the local newspaper.

 

 

CONFLICTS OF INTEREST

 

What is a conflict of interest?

 

A conflict of interest occurs where a personal interest, such as a business interest, family relationship or friendship, could influence the way in which an individual forms an opinion on a matter being considered by a precinct meeting.

 

Another way of considering whether a conflict of interest exists is where a person has difficulty in making a fair and impartial decision on some issue as a result of divided loyalties or of being likely to benefit personally if the issue is decided one way rather than another way.

 

A conflict of interest would also occur when a reasonable person might believe that an individual could be influenced by a personal interest.

 

What to do if there is a real or perceived conflict of interest?

 

In managing a conflict of interest, the first responsibility is to the precinct meeting. 

It is important that if a conflict of interest exists or could be seen to exist, the situation is managed effectively. It is also important that both the community and Council are confident that conflicts of interest can be managed and resolved by precincts.

 

In the cases of conflicts of interest, the proper procedure is for the person concerned to:

1.         Declare any interest.

2.         Make known the way in which those interests may conflict.

3.         If the meeting considers that there is an actual conflict of interest, abstain from taking part in the decision making process.

4.         If considered appropriate, leave the room while the issue is discussed.

5.         Ensure that the declarations of a conflict or possible conflict or perceived conflict are recorded in the minutes of the precinct committee meeting.

 

In precinct committee meetings, the meeting may decide that it is appropriate for the person with the conflict of interest to speak on the issue before general discussion takes place.

 

Some examples where a conflict of interest may exist:

 

1.         The precinct meeting is considering a draft policy on alcohol free zones and an individual or their immediate family has shares in a liquor retail company that operates in the Randwick City Council area.

2.         The precinct is considering a development application lodged by an precinct attendee or a close family member.

3.         An attendee or a close family member’s property is directly impacted on by a development proposal.

4.         A precinct attendee is asked by the precinct meeting to represent the precinct’s views to Council on an issue where they have or could be reasonably perceived to have a conflict of interest on the matter.

 

In considering development applications, it is important to distinguish between direct impacts on a property or properties and broader community impact of a development.

 

Where people are not sure whether a conflict exists, they should seek guidance from the precinct meeting or from Council. 

 

Examples of when individuals could seek guidance are:

1.         Deciding whether a relative or a friend is close enough to create a conflict or the perception of a conflict of interest

2.         Distinguishing between direct and broader community impacts of a development proposal.

 

When considering whether or not a conflict of interest or the perception of a conflict of interest exists, precincts should always err on the side of caution.

 

PRECINCTS AND THE MEDIA

 

1. Recording and reporting of precinct meetings.

 

Precinct meetings are forums for residents to discuss local and Council related issues in a safe environment. While open to the public, they are not public meetings, as there are clear restrictions on who may attend and who may speak at meetings.

 

Recording and photographic devices can only be used at a precinct meeting when prior written consent has been given by those being recorded or photographed, and the precinct chair rules that such equipment can be used.

 

Members of the media are free to attend their local precinct in their capacity as local residents.

 

When media representatives attend a precinct meeting in a work or reporting capacity:

 

1.  They must declare this at the beginning of the meeting.

2.  The chair may determine whether or not the media representative can attend and report on the precinct meeting.

 

Individuals speaking at a meeting can only be quoted with consent.

 

Council staff cannot provide a briefing or presentation to the precinct when members of the media are present and reporting on the proceedings of the meeting.

 

2. Media comments by precincts

 

From time to time, the media may contact Precinct members for information or comment.

 

If the Precinct meeting has determined a matter, individuals can speak on behalf of the Precinct, if authorised to do so by the Chair or the precinct meeting.

 

If a matter has only been discussed and no resolution passed, individuals can only express personal views, but not the views of the Precinct unless the Precinct has  resolved to permit comment on matters where the general view of the Precinct on the matter or related matters has been minuted within the term of the current Executive.

 

Precinct members cannot make statements to the media or at public events that would lead someone to believe that they are speaking on behalf of Council or expressing Council views or policies.

 

Media comments by Council are made through Council’s Communication Manager.

 

PRECINCT COORDINATION COMMITTEE

 

Randwick City Council’s Precinct Coordination Committee has been established with the following aims and objectives:

 

 

AIMS

 

·              To establish an inclusive forum where broad community-wide and local issues can be discussed

·              To continue to improve the link between Council and the community and foster improved community engagement

·              To promote and engage the community early in Council’s planning and decision making processes.

 

OBJECTIVES

 

·                 The efficient coordination of Randwick City Council’s Precincts

·                 The establishment of a forum at which both City-wide issues and issues common to Precincts and Council can be raised

·                 The improvement of Council’s consultation processes and the development of better community engagement practices

·                 Support for accountable decision making

·                 The creation of a catalyst to revitalise and improve the effectiveness of Precinct meetings.

 

COUNCIL’S COMMUNITY CONSULTATION COORDINATOR

 

Randwick City Council’s Community Consultation Coordinator (CCC) assists Precincts and the precinct system. The CCC is the prime point of contact for the Precincts.

 

The role of the CCC includes:

·                 To co-ordinate and resource the Precinct Coordination Committee

·                 To provide support to Precincts and to act as a conduit between Council, the precincts and the community

·                 To assist Precincts to obtain the necessary information to make informed decisions and recommendations on Council matters

·                 To liaise with Council officers to ensure that all relevant Council matters are referred to the Precincts

·                 To ensure that Precinct comments and recommendations are forwarded to the relevant Council officers

·                 To collate information and respond to Precinct meeting minutes

·                 To co-ordinate briefing sessions with Council officers and meetings as the need arises

·                 To provide management guidelines for Randwick City Council’s Precincts

·                 To assist the development of Precincts.


Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM19/11

 

 

Subject:                  Malabar Headland - securing the proposed National Park

Folder No:                   F2004/06759

Author:                   Councillor Matson, Mayor     

 

Introduction

 

I am pleased to note that the Commonwealth and NSW Governments have recently agreed to transfer the ownership of the western part of Malabar Headland (known as Lot 4) from the Commonwealth to the NSW Government for National Park purposes, noting that this will occur on or before 28 February 2011. This transfer is required as National Parks in NSW are actually a state responsibility for ownership and management.

 

This transfer recognises that Lot 4, which is currently zoned for 2B Residential (allowing low to medium density housing), will be conserved for its environmental and recreation values. Lot 4 contains significant areas of ESBS. The Lot will also need to be rezoned to ‘National Park and Nature Reserve’. I am recommending that this rezoning should take place as soon as possible and am seeking the Council’s support to commence a one-off spot rezoning for this Lot.

 

The Council has also been investigating the potential for a western walking track, in conjunction with both the Commonwealth and NSW Governments, which extends through Lot 4 and the western part of Lot 1, which also contains some ESBS. I am recommending that it would be environmentally beneficial for the part of Lot 1 containing the ESBS to be included in a boundary modification to Lot 4.

 

Issues

 

Lot 4 rezoning.

I have previously raised this matter with the Council in a Mayoral Minute of 23 November 2010, noting that the rezoning of Lot 4 (see attached map) should occur prior to the Council’s preparation of the Comprehensive LEP via a one-off spot rezoning. I noted that the significance of this location warrants a rezoning as soon as possible. The Council agreed and resolved to write to the local Federal Member, Mr Peter Garrett, to seek his Government’s support for the one-off spot rezoning. The Commonwealth has separately written and advised, as part of the Comprehensive LEP preparations, that Lot 4 should be rezoned to ‘National Park and Nature Reserve’.

 

I am concerned that this should commence as soon as possible given uncertainty about any conditions of the Commonwealth and NSW transfer and whether these will be sufficient to guarantee that the land is returned to the community as national park.

 

The Council can commence a rezoning process (now called a ‘planning proposal’), to amend the Council’s’ Randwick LEP 1998 (Consolidation), which must be reported to and agreed by the NSW government to proceed, through a process known as the ‘Gateway determination’.

 

Modification of Lot 4

The proposed western walking track would traverse Lot 4 and extend our City’s coastal walkway from Maroubra beach in the north through to Malabar. Lot 4 contains substantial areas of Eastern Suburbs Banksia Scrub (ESBS), an endangered ecological community, which would be respected in a walking track route while also providing a unique bushland walking experience. This ESBS extends north of Lot 4 into the western part of Lot 1 (see the attached map). Lot 1 remains in the Commonwealth ownership as it is used mostly for the rifle range, yet part of Lot 1 must also be traversed for walking track access from Maroubra Beach via the Council’s Arthur Byrne Reserve.

 

I am seeking the Council’s endorsement to request the Commonwealth to modify the Lot 4 boundary to also include that western part of Lot 1 which contains the ESBS and the potential locations for a western walking track to link to Maroubra Beach. This would assist in future sustainable management of the ESBS and in progressing dialogue on the proposed walking track, with a view to consulting with the community shortly on the proposal.

 

Conclusion

 

These two key issues and actions are consistent with the Council’s directions for ensuring the Malabar Headland is returned to the community for open space and conservation purposes.

 

Recommendation

 

That:

 

a)     Council resolve to commence preparation of a local environmental plan as an amendment to the Randwick LEP 1998 (Consolidation) to rezone Lot 4, Malabar Headland, from 2B Residential to National Park, in accordance with S54 of the Environmental Planning and Assessment Act 1979;

b)     a planning proposal to this effect be prepared in accordance with S55 and forwarded to the Minister for Planning requesting a Gateway determination in accordance with S56 of the Act;

c)     the Member for Maroubra be requested to facilitate achieving the Gateway determination; and

d)     Council seek the Commonwealth’s urgent modification of the boundary of the Headland’s Lot 4 to include that western part of Lot 1 that covers the ESBS and the potential locations of a western walking track.

 

Attachment/s:

 

1.View

Map of Malabar Headland - Lots 1, 2 and 4

 

 

 

 


Map of Malabar Headland - Lots 1, 2 and 4

Attachment 1

 

 

Map of Malabar Headland (Lots 1, 2 and 4)

 

 

 

 

 

 

 

 



Ordinary Council                                                                                               22 February 2011

 

 

Mayoral Minute No. MM20/11

 

 

Subject:                  Council Response to news of Christchurch Earthquake

Folder No:                   F2011/00015

Author:                   Councillor Matson, Mayor     

 

Introduction

 

There are media reports today that multiple fatalities in New Zealand have been confirmed after what has been described as “a powerful 6.3-magnitude earthquake” struck Christchurch, bringing down buildings and buckling roads.

 

Issues

 

The following extract is from today’s ‘The Australian’ newspaper:

 

“A 6.3-magnitude earthquake has rocked the southern New Zealand city of Christchurch, causing "multiple" fatalities and trapping people in damaged buildings.

New Zealand media reported that there had been "multiple" fatalities at several  locations after the quake hit about 12.51pm local time.

A fire brigade spokesman said the major concern was the rescue effort, with scores of people trapped in damaged and flattened buildings. The threat of aftershocks was also hindering rescue efforts.

The city had run out of ambulances to ferry injured people to hospital reports stated, and several makeshift triage centres were set up in the CBD to help with the injured.”

“People fled the city centre as emergency services rushed to the area to evacuate those trapped in buildings.”

 

Financial impact statement

 

If the report recommendation is adopted, Council’s donation will be funded from the 2010-11 Contingency Fund.

 

Conclusion

 

This second major earthquake for the city of Christchurch in less than 6 months is obviously devastating for the population of Christchurch. It is akin to being ‘hit while you are down’.

 

 

Recommendation

That Council expresses its condolence to the New Zealand city of Christchurch over today’s reports of fatalities arising from an earthquake and endorses the General Manager to make a $2,000 donation to relief efforts.

 

Attachment/s:

 

Nil