Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 8 March 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                                8 March 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee Meeting

 

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 8 March 2011 at 6:00pm.

 

 

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

 

Quorum:                           Eight (8) members.

 

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

 

 

Apologies/Granting of Leave of Absences 

 

Confirmation of the Minutes  

Planning Committee Meeting - 8 February 2011

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

Address of Committee by Members of the Public

Urgent Business

Planning Matters

 

In accordance with Section 375A of the Local Government Act, the General Manager is required to keep a register of Councilor voting on planning matters. Planning matters are any decisions made in the exercise of a function of a council under the EP&A Act and include decisions relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act. In addition, Randwick City Council has resolved (22 July 2008) that its register of voting include the voting on all tender matters.

 

 

Development Application Reports (record of voting required)

D14/11      2 Wolseley Road, Coogee (deferred)

D15/11      21 Govett Street, Randwick

D16/11      39 Waverley Street, Randwick

D17/11      21 Helena Street, Randwick

D18/11      25 Dine Street, Randwick

D19/11      7A Clifton Road, Clovelly

D20/11      10 Eastbourne Avenue, Clovelly

D21/11      205 Oberon Street, Coogee

D22/11      44 Adams Avenue, Malabar

D23/11      37 The Corso, Maroubra

D24/11      1202/95 Brompton Road, Kensington

D25/11      30 Menin Road, Matraville

 

Miscellaneous Reports (record of voting required)

M2/11       State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010.................................................... 413

 

Closed Session (record of voting required)

D26/11      1 Day Lane, Kensington

This matter is considered to be confidential under Section 10A(2) (e) Of the Local Government Act, as it deals with information that would, if disclosed, prejudice the maintenance of law.

  

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                                8 March 2011

 

 

Development Application Report No. D14/11

 

 

Subject:                  2 Wolseley Road, Coogee

Folder No:                   DA/12/2009

Author:                   David Ongkili, Coordinator Major Assessment     

 

Introduction

 

At the Ordinary Council meeting held on 23 November 2010, Council considered a S82A Review of Councils refusal of consent for Development Application (DA/12/2009) for demolition of existing dwelling and construction of multi unit housing by amending the proposal to delete one entire level, reduce the number of units to 3, comply with building and wall height control and reduction in FSR Original proposal.

 

It was resolved at the 23 November 2010 meeting as follows:

 

“RESOLUTION: (Notley-Smith/Nash) that the application be deferred for mediation between the applicant and the objectors.”

 

Issues

 

A mediation session between the parties was held on 9 February 2011. At the mediation, the applicant offered the following amendments/works to the proposal:

·      The building be reduced in length so that there is an increased 500mm from Wolseley Road to benefit solar access and views to unit 5/4 Wolseley Road and to benefit setback of views to Unit 9/251 Oberon Street.

·      The fence along the rear southern boundary be kept at its existing height of 1.2m and the height of adjoining landscaping to be limited to this level of the fence.

 

The objectors requested further amendments as follows:

·      That the FSR be further significantly reduced.

·      That the setback on the southern boundary be increased to 3.5m.

·      That height poles be erected.

 

Whilst the objectors did not reject the applicant’s offer as listed above, no agreement was reached in relation to the requests of the objectors. However, should Council wish to approve the application and incorporate the amendments proposed by the applicant, the referenced plans in Condition No 1 of the recommendation should be substituted with the plan provided by the applicant that has included the proposed amendments and is on Council’s file.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome: Excellence in urban design and development.

 

Direction: Improved design and sustainability across all development.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion:

 

In accordance with Council’s resolution at its Ordinary Meeting on 23 November 2010, a mediation session was held on 9 February 2011. No agreement has been reached between the parties at the conclusion of the mediation process. The application is therefore referred back to the Planning Committee for its consideration and determination.

 

The proposal has been assessed by the planning officer as being satisfactory, and will not result in unreasonable impacts on the streetscape and the amenity of the adjoining and surrounding residential properties.

 

In view of the above, it is recommended that the Section 82A review of DA/12/2009 be approved.

 

 

 

Recommendation

 

A.     That Council’s original determination of Development Application No. 12/2009 dated 8 December 2009 for demolition of existing dwelling and construction of multi unit housing at 2 Wolseley Road, Coogee be rescinded.

 

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

and

 

C.     That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/12/2009 for the demolition of an existing dwelling house and construction of a new flat building at 2 Wolseley Road, Coogee, subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans numbered 1.01, 1.02, 1.03, 2.01, 3.01 and 3.02 all Amendment C, all dated 08/10/10, and stamped received by Council on 11 October 2010, and the application form, and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       The colours, materials and finishes of the external surfaces to the proposed development are to be compatible with adjacent developments to maintain the integrity and amenity of the building and the streetscape. Specifically, the use of natural materials rather than the proposed predominantly painted surface shall be provided.

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

 

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

 

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

 

          In this regard, an Application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of appropriate street and unit numbers for the development, prior to issuing an occupation certificate.

 

5.       Balustrades on the front balcony shall be constructed in glass with an appropriate/matching framing material. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

6.       The enclosure of balconies is prohibited by this consent.

 

7.       No cooking facilities or sanitary fittings other than those indicated on the approved plans are to be installed in the premises without the prior written consent of the Council.

 

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

 

9.       Internal or external clothes drying facilities are to be provided in accordance with the provisions of the Building Code of Australia.

 

Should external clothes drying facilities be provided, the facilities must be adequately screened by vegetation and details are to be incorporated into the landscaping plans, to the satisfaction of the certifying authority.

 

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

 

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

 

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

 

13.     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.

 

14.     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.

 

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

 

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

 

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

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost more than $200,000

$3154803

1%

$31,548.03

 

 

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

 

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

 

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

 

17.     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 (excluding plant and equipment during the construction phase) 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.

 

18.     A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s approval, to the satisfaction of Council’s Manager Health, Building & Regulatory Services.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

36.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc.) located upon all of the premises adjoining the subject site.

 

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

 

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

 

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

 

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

 

39.     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.

 

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

 

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

 

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

·       effectively support  the excavation and building; and

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

 

Notes

 

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

43.     A report prepared by a suitably qualified and experienced person shall be submitted to the Principal Certifying Authority (PCA) and a copy is to be provided to Council upon commencement of works or as otherwise specified by the PCA or Council, certifying that noise and vibration emissions from the construction of the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, Councils conditions of consent and relevant Standards relating to noise and vibration.  In support of the above, it is necessary to submit all relevant readings and calculations made.

 

Any recommendations and requirements contained in the report are to be implemented accordingly and should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to the PCA and Council.

 

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

 

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

 

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

 

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

 

d)     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.

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

i)      Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

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

 

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

 

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details and methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·           construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·       Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

§   Australian Standard 2601 (2001) – Demolition of Structures

§   Occupational Health and Safety Act 2000

§   Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

§   WorkCover NSW – Guidelines and Codes of Practice

§   Randwick City Council’s Asbestos Policy

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

 

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

 

 

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

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

§   Details of hazardous materials, including asbestos

§   Method/s of demolition and removal of asbestos

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

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

§   Methods and location of disposal of any asbestos or other hazardous materials

§   Other relevant details, measures and requirements to be implemented as identified in the Asbestos Survey

§   Date the demolition and removal of asbestos will commence

 

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

 

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

 

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

 

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

 

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

 

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

 

d)     Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996. Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

e)     A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council upon completion of the works prior to an Occupation Certificate being issued, which confirms that the asbestos material have been removed appropriately and the relevant requirements contained in the Asbestos Survey and conditions of consent in relation to the safe removal and disposal of asbestos, have been satisfied.

 

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

 

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

 

a)   $3000.00   -      Damage / Civil Works Security Deposit

 

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

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

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

55.     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.

 

56.     The applicant shall note that all external work, carried out on Council property, shall be in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works". An application for the cost of the Council civil works is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design and supervision fee based on the lowest quotation from Council's nominated contractor will be required to be paid prior to the commencement of any works.

 

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

 

58.     The driveway opening at the Wolseley Road frontage must be a minimum 3.50 metres wide and located at least 0.90 metre clear of the side property.

 

59.     The internal driveway is to be constructed to gradients shown on Plan No 2.01 Amn C Section BB by X.PACE dated 8.10.10.

 

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

 

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

 

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

 

62.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $644.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

 

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

 

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

                                         

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

 

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

 

66.     Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant must liaise with Energy Australia prior to lodging the construction certificate to determine whether or not an electricity substation is required for the development.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

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

 

70.     All site stormwater must be discharged (by gravity) to the kerb and gutter at the front of the property

 

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

 

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

 

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

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

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·      A sign adjacent to the pit stating:

 

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

 

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

 

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

 

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

 

Notes:-

 

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

 

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

 

75.     Any seepage water must be drained directly into an absorption pit within the site. Seepage water must not be drained from the site.

 

76.     A report must be submitted to and approved by the Certifying Authority or an accredited certifier, prior to issuing the Construction Certificate, detailing the proposed method of excavation and dewatering process.  This report is to be prepared by suitably qualified and experienced Geotechnical, Hydrological and Structural Engineers and is to include but not limited to:

 

·       The proposed method of shoring/piling and dewatering.

·       The zone of influence of any possible settlement.

·        The location of any proposed re-injection points in relation to the property boundaries (where re-injection equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·        Monitoring of fluctuations of the water table during dewatering/construction to be undertaken by consulting engineers to ensure that the conditions of consent and other relevant requirements are satisfied.

·        The location of all proposed monitoring equipment in relation to the property boundaries (where monitoring equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·        Details of any consultation and arrangements made with owners of any potentially affected nearby premises (ie in relation to access, monitoring and rectification of possible damage to other premises).

·        Details of groundwater quality and proposed disposal of any potentially contaminated groundwater in accordance with relevant requirements of the Department of Environment & Conservation, Council and the Protection of the Environment Operations Act 1997, in an environmentally sensitive manner.

·       The location of all pumping equipment in relation to the property boundaries.

·        The proposed method of noise attenuation for all pumping equipment, so as not to be more than 5dB (A) greater than the A – weighted L90 background sound pressure level between the hours of 7am to 10pm within any residential premises and not to be audible at all between the hours of 10pm and 7am within any residential dwelling.

·        Confirmation that the proposed methods of dewatering and excavation are appropriate and in accordance with ‘best practice’ principles and should not result in any unacceptable levels of settlement or damage of the adjoining or nearby buildings within the zone of influence.

 

The dewatering process must be monitored by the consulting Engineer/s to the satisfaction of the principal certifying authority and documentary evidence of compliance with the relevant conditions of consent and dewatering requirements must be provided to the principal certifying authority and the Council.

 

The site conditions and fluctuations in the water table are to be reviewed by the consulting Engineer prior to and during the excavation/construction process, to ensure the suitability of the excavation and dewatering process and compliance with Council's conditions of consent.

 

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

 

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

 

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

 

79.     The garbage room area will have to be designed so as to be able to contain a minimum of 6 x 240 litre bins (3 garbage bins & 3 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

80.     The waste storage areas shall be clearly signposted.

 

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

 

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

 

82.     Landscaping at the site shall be installed substantially in accordance with the Landscape Plan by 360, drawing number LP-DA01-02, sheets 1-2, dated November 2008; however, the following changes are to be shown on an amended plan, which must be submitted to, and be approved by, the PCA, prior to the commencement of any site works:

 

a.       Either deletion of the Pandanus utilis (Screw Pine) proposed for planting beyond the front (eastern) site boundary, within the narrow strip of garden, as despite being a desirable landscape specimen, will encroach significantly over the adjoining public footpath, and will impede access and require ongoing maintenance; or; it shall be relocated to within the site so as to create a feature of one specimen on each side of the proposed entranceway. All plantings in this area must be mindful of this fact.

b.       To ensure more reasonable levels of screening and privacy are provided for future occupants, as well as to ensure the amenity of the adjoining public reserve (21-31R Neptune Street) is maintained, more substantial plantings than the 300m high groundcover which is being proposed along the northern boundary, in the northeast corner of the site shall be provided, with a species which will attain a height at maturity of at least the same as the boundary fencing to be used in this area.

NOTE: A feature tree would be the ideal solution to address this issue; however, this will not be possible due to the presence of upper floor balconies in this area.

c.       Additional notation showing soil and mulch details, irrigation details, edging, paving, fencing details, surface finishes, retaining wall details, and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

d.       Sectional elevations through the site showing the existing and proposed groundlines, building elevations, and mature height of proposed planting.

e.       All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm. Planter box details shall be submitted with the detailed landscape plans.

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

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

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

 

83.     The PCA must ensure that the landscaping is fully installed in accordance with the approved documentation, prior to the issue of a Final Occupation Certificate, with suitable strategies to be put in place by the future Body Corporate, owners Corporation or similar, to ensure it is maintained in a healthy and vigorous state until maturity.

 

84.     The nature-strip upon Council's footway shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

85.     Any substation required shall be screened from view, with the proposed location, elevation and screening method to be shown.

 

Street Tree Management

 

86.     The applicant shall submit a total payment of $107.25 (including GST), being to cover the cost for Council to supply and install 1 x 25 litre Banksia integrifolia (Coastal Banksia), on Council’s Wolseley Street nature strip, to the south of the proposed vehicle crossing at the completion of all works.

 

The contribution shall be paid into Tree Amenity Income account no 4001.768401 at the Cashier on the Ground Floor of the Administrative Centre prior to a construction certificate being issued for the development.

 

The applicant will be required to contact Council’s Landscape Development Officer on 9399-0613, giving at least two working weeks notice, to arrange for removal of the existing street tree/provision of a replacement street tree upon completion.

 

Removal of trees within site

 

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

 

a)       One Howea fosteriana (Kentia Palm) in the front yard, between the southwest corner of the existing dwelling and garage, in order to accommodate the proposed works as shown;

 

b)       The group of trees in the rear yard, surrounding the southwest corner of the existing dwelling, being one Cupressocyparis leylandii (Leylands Cypress), right on the southern site boundary, and then to its north, three Syagrus romanzoffianum (Cocos Palms), and further to the west again, near the southwest corner of the site, one Lagunaria patersonii (Norfolk Island Hibiscus), due to all being recognised as undesirable species in the Randwick LGA.

 

ADVISORY MATTERS:

 

A1.     The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

In this regard, the development consent plans do not show compliance with the deemed-to-satisfy provisions of the BCA, including:

 

a)     Part B1                  -       Structural provisions

b)     Part C1                 -       Fire resistance and stability

c)     Part C3                 -       Protection of openings

d)     Clause C3.2&C3.4    -       Protection of openings in external walls

e)     Part E1                  -       Fire fighting equipment

f)      Part E2                  -       Smoke Hazard Management

g)     Part E3                  -       Lift Installations

h)     Part E4                  -       Emergency lighting, exit signs & warning systems

i)      Part F1                  -       Damp and weatherproofing

k)     Part F4                  -       Light and ventilation

l)      Part F5                  -       Sound Transmission and Insulation

m)     Section J               -       Energy efficiency

 

Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

The applicant/developer is advised to ensure that the development is not inconsistent with Council's consent and if necessary consult with Council’s Building Certification Services or your accredited certifier (as applicable) prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

A2.     The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act.  In this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

The applicant/owner is requested to give consideration to providing access and facilities for people with disabilities in accordance with Australian Standard 1428 Parts 1, 2, 3 and 4 - Design for Access and Mobility, which may be necessary to satisfy the objectives of the Disability Discrimination Act 1992.

 

A3.     The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

 

 

Attachment/s:

 

1.View

Report for Ordinary Council Meeting on 23 November 2011

 

 

 

 


Report for Ordinary Council Meeting on 23 November 2011

Attachment 1

 

 

 

Director City Planning Report No. CP105/10

 

 

Subject:                  2 Wolseley Road, Coogee

Folder No:                   DA/12/2009

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     S82A Review of Councils refusal of consent for demolition of existing dwelling and construction of multi unit housing by amending the proposal to delete one entire level, reduce the number of units to 3, comply with building and wall height control and reduction in FSR

Ward:                      East Ward

Applicant:                X Pace Design Group

Owner:                         Mrs K T Davies

Summary

Recommendation:     Deferred Commencement Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

This Section 82A Review application is referred to Council for determination as the original Development Application No. 12/2009 for demolition of an existing dwelling house and construction of a new flat building was referred to the Planning Committee Meeting held on 12 May 2009, where Council resolved to refuse the application for the following reasons:

 

1.       The proposed development is inconsistent with the aims and objectives of the Randwick Local Environmental Plan 1998.

 

2.       The proposal fails to meet aim (g) of the Randwick Local Environmental Plan 1998 in that the proposal does not seek to promote, protect and enhance the environmental qualities of the City.

 

3.       The proposed development is contrary to the purpose and numerical requirements of Clause 33(2) and 33(4) of the Randwick Local Environmental Plan 1998 relating to the height of the development.

 

4.       The proposed development is contrary to the purpose and numerical requirements of Clause 32(3) of the Randwick Local Environmental Plan 1998 relating to the floor space ratio of the development.

 

5.       The proposal fails to comply with Clause 3.2 – Height of Development Control Plan Multi-unit Housing in that the height of walls will result in substantial adverse impacts in respect of overshadowing.

 

6.       The proposal fails to comply with Clause 3.3 – Building Setbacks of Development Control Plan Multi-unit Housing in that the rear setbacks fail to maintain reasonable levels of solar access.

 

7.       The proposal fails to comply with Clause 3.4 – Density of Development Control Plan Multi-unit Housing in that the building bulk is not compatible with surrounding built forms and does not minimize the impact on nearby buildings or the streetscape.

 

8.       The proposal fails to comply with Clause 4.3 – View Sharing of Development Control Plan Multi-unit Housing in that it fails to demonstrate acceptable levels of view sharing to neighbouring properties.

 

9.       The proposal fails to comply with Clause 4.4 – Solar Access and Energy Efficiency, Performance Requirement P1.2 of Development Control Plan Multi-unit Housing in that living areas of neighbouring dwellings would have access to sunlight reduced to less than 3 hours per day.

 

10.     The proposal is not in the public interest.

 

To address the reasons for refusal, the applicant has amended the original proposal under DA/12/2009 in this S82A Review application primarily in the following ways:

 

·        Reduction in height of the overall building by removal of one entire level such that the proposal now complies with the maximum building and external wall height controls

·           A reduction in maximum FSR and GFA from the original 1.53:1 to the current 1.18:1 (from 854 sqm GFA to 580 sqm GFA) of which 0.87:1 comprises above ground FSR.

 

·           Excavating the Level 1 apartment predominantly below the adjacent natural ground level such that so that the proposed development is further sunk into the subject site thus contributing to the overall reduction in height of the proposed development.  

 

The proposal has been further amended to widen the driveway and increase the rear setback. The amended plans which were received by Council on 11 October 2010 and form the subject of this report, are considered to be satisfactory, showing a further improved proposal.

 

Accordingly, the current amended proposal represents an improvement over the original application that was refused by Council in so far as the FSR and building height have been reduced and additional carparking has been provided. Appropriately also, as per the assessment of the original DA proposal, the amenity impacts of the amended Section 82A proposal on adjoining and surrounding properties have been found to be reasonable and acceptable with regards to bulk and scale, overshadowing, privacy and views as assessed in Section 10 of this report.

 

The amended proposal has an FSR of 1.18:1 (compared with the maximum 0.65:1 FSR standard applicable under the Randwick LEP 1998) and is accompanied by a State Environmental Planning Policy No. 1 (SEPP 1) objection. The SEPP 1 Objection has been assessed and found acceptable as the proposal will be consistent with the planning objectives for the locality and purposes of the standard; the proposal is not considered to be visually intrusive or bulky being now lower than the adjoining residential flat buildings at Nos. 4 and 6 Wolseley Road; the development overall is considered to be consistent with the character of existing development; and the additional density will not give rise to any detrimental impacts to surrounding uses in terms of  ventilation, sunlight, privacy, views, traffic and parking impacts. Accordingly, an assessment of the SEPP 1 objection indicates that strict compliance with the controls would be unreasonable and unnecessary as indicated in Section 10 of this report.

 

The S82A Review application was advertised and notified to the adjoining and nearby properties from 21 April 2010 to 5 May 2010 in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. The issues raised relate primarily to overshadowing, loss of views, loss of privacy, overbearing building height, bulk and scale, construction-related disturbances and non-compliance with the statutory/policy controls. It is noted that these issues were also raised in the submissions received during notification of the original DA/12/2009.

 

The site is zoned Residential 2C under Randwick Local Environmental Plan (RLEP) 1998. The proposal is permissible in the zone subject to Council’s consent.

 

The proposal also varies from, among other things, the preferred solution relating to setbacks of the DCP – Multi-unit Housing. Notwithstanding the departures from these controls, the proposal will meet the performance requirements such eth proposal will perform adequately with regard to streetscape, bulk and scale, solar access, privacy and views to adjoining properties subject, in some instances, to appropriate conditions.

 

The recommendation is for approval of the Section 82A review proposal subject to conditions.

 

 

 

 

 

2.    The Proposal

 

The development proposed under this Section 82A Review submission essentially differs from the original refused development in DA 855/2009 in the following respects:

 

·      Reduction in height of the overall building by removal of one entire level such that the proposal now complies with the maximum building and external wall height controls

·      A reduction in maximum FSR and GFA from the original 1.53:1 to the current 1.18 :1 (from 763 sqm GFA to 580.13 sqm GFA) of which 0.87:1 comprises above ground FSR.

 

·      Excavating the Level 1 apartment predominantly below the adjacent natural ground level such that so that the proposed development is further sunk into the subject site thus contributing to the overall reduction in height of the proposed development.  

 

The Section 82A proposal therefore represents an improvement over that originally refused and primarily. The Section 82A proposal is now for  the demolition of the existing dwelling house on the site and the construction of a new three storey residential flat building consisting of three dwelling units and associated facilities as follows:

 

·        Basement consisting of:

·      parking for 6 cars.

·        Ground floor consisting of

·      Foyer;

·      Garbage Room;

·      Plant Room;

·      Storage.

·        Level 1 consisting of:

·      one 3 bedroom unit with ensuite and study;

·        Level 2 consisting of:

·      one 3 bedroom unit with ensuite and study;

·        Level 3 consisting of:

·      one 3 bedroom unit with ensuite and study;

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the western side of Wolseley Road, Coogee, between Neptune Street to the North and Oberon Street to the south.

 

Aerial view of the subject site

 

The site is legally identified as Lot 1 in DP 320504 and has an area of 490.7m2. It forms a regular rectangle with a width of 14.635m and a depth of 33.53m. It falls relatively steeply, at almost 5m to the street frontage.

 

Existing on the site is a two storey brick dwelling with a tile roof. There is minimal vegetation on the site.

 

To the rear is located a two storey residential building with an access handle running along the northern boundary of the subject site; beyond this is Neptune Park. To the south is a 3 storey residential flat building at No 4, and a 5 storey residential flat building at Nos. 6-8. To the east, across Wolseley Road is the Trenerry Reserve and beyond that, the Pacific Ocean.

 

No 4 and No 6-8 Wolseley Road (foreground right) to the south of the subject site and No. 251 Oberon Road (background right) to the west of the subject site.

(5)      State Environmental Planning Policy No 1 Objections

 

Clause 20F                  Floor space ratios

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

 

Pursuant to Clause 20F of RLEP 1998, the maximum floor space ratio (FSR) for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2C is 0.9:1 or 441.63 m2 gross floor area (GFA). The proposal has an FSR of 1.182:1 or 580.13 m2 GFA, and exceeds the development standard by 0.282:1 or approximately 138.5m2 GFA.

 

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

 

Matter 1

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

 

·      Comments:

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

 

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

 

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

 

 

 

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

 

·      The excess floor area, amounting to 138.5 sqm, will be distributed over a building mass that is based on a tapering/splayed layout that has been designed to ameliorate impacts on views, overshadowing and privacy of adjoining and surrounding properties as well as to and confined to the proposed top floor new dwelling unit that has been adequately setback from the northern and southern side boundaries such that the proposed development will not be visually intrusive and will not read as an overdevelopment in the existing streetscape and locality.

 

·      Of the total FSR of 1.18:1 (580.13 sqm), an FSR of 0.302:1 (145.72 sqm) will be below ground level so that the portion of the building visually above ground is effectively FSR 0.88:1 (434.41 sqm). In other words, a significant portion of the gross floor area is underground and therefore, would not contribute to the visual bulk and scale of the development as viewed from the street.  

 

·      The proposal will have a maximum building height of 10.4m to the roof ridge that complies with the maximum 12m building height standard of the Randwick LEP 1998 (Consolidation).  The proposal will have a maximum external wall height of 10m  that complies with the maximum 10m wall height standard of the Randwick LEP 1998 (Consolidation).

 

·      The proposed multiunit housing development will continue to have adequate landscape area (50.9% of site area) which complies with the minimum 50% requirement under Clause 20E of the Randwick LEP 1998 and adequate deep soil landscaping (max 28% over podium basement) which complies with the maximum 50% limit under Clause 20E of the Randwick LEP 1998. Accordingly, the proposed building will have adequate landscape area for future plantings that will soften the proposed builtform

 

·      The proposal has adequate carparking for the multi-unit residential development as it complies with the numerical requirements of Council’s DCP – Parking.

 

·      The proposal will be consistent with the objectives of the Residential 2C zone in which the site is located as primarily it will contribute towards the variety of housing types in the area. It will maintain the redevelopment of the subject site for multi-unit residential development as envisaged in the Multi-unit Housing DCP for infill development within a predominantly Type 5/Type 6 streetscape to the extent that it will increase the supply of dwelling units in this zone by the addition of one dwelling unit.

 

·      The proposal will not compromise the amenity of surrounding residential areas in terms of privacy, views and bulk and scale impacts as indicated in relevant assessment sections of this report. In relation to overshadowing, while the proposal will have an impact on the solar access to a number of north-facing living areas of the adjoining southern residential flat building at No. 4 Wolseley Road, the use of a splayed / tapered footprint assists in relieving the overshadowing impact that an otherwise complaint regular block building envelope would not achieve.

                                                                                                                        

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

 

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

 

 

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

 

Matter 2

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

 

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

 

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

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

 

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

 

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

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

 

Matter 3

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

 

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

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

 

The proposed development and variation from the development standard do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not be necessary, in this case, for maintaining the low to medium density housing forms in the locality, including dwelling houses and semi-detached housing, and the like, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary for the proposal to  achieve the objectives of the development standard.

Second

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

 

Comments:

The underlying objective or purpose of the standard is not relevant to the subject development.

Third

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

 

Comments:

Compliance would, in this case, be unreasonable to achieve the underlying objective of the standard.

Fourth

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

 

Comments:

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

Fifth

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

 

Comments:

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

 

5.      Application and Site History

 

As indicated in the assessment report of the original Development Application, the DA proposal has been the subject of a series of amendments since its lodgement as reproduced below :

 

5.1      Application History

The original DA application was referred to the Planning Committee meeting of 12 May 2009 with a recommendation for refusal due to its non-compliance with FSR and height standards and the resultant unacceptable streetscape, overshadowing and view loss impacts.

 

The Section 82A application was lodged on 24 June 2010 and notified to the surrounding properties and advertised in the press for 14 days from 7 July to 21 July 2010. A number of objections were received. Numerous objections were received concerned primarily with view loss and overshadowing.

 

The application was referred to the SEPP 65 Design Review Panel (DRP) in July 2010 which, acknowledged the quality of the design, was concerned with its excess height and FSR and their adverse impacts upon surrounding properties, particularly in respect of overshadowing.

 

History of Site Usage

Previous applications submitted for development on the site include:

Development No.

Description

Determination

DA/295/1991

Alts & Adds to existing bldg

Approved

10 December 1991

 

6.      Community Consultation

 

The proposal has been notified between 21 April 2010 to 5 May 2010 in accordance with the Local Environmental Plan 1998. Ten submissions and a petition with approximately 549 signatures were received.

 

The amended proposal received on 11 October 2010 was not required to be renotified as the amendments are minor and primarily to improve the access arrangement and amenity impact of the development as raised to the applicant by Council officers.

 

The issues raised in the letters of objection are detailed below:

 

Issue

Comment

Exceeds FSR controls which results in adverse impacts.

The amended proposal has reduced the FSR from 1.53:1 to 1.18:1 which has resulted in a building that is less bulkier with reasonable amenity impacts on adjoining properties as discussed in relevant sections of this report.

Exceeds height controls which results in adverse impacts.

The proposal has now complied with the maximum building height and wall height controls such that  the building is now lower in the streetscape and in relation to adjoining and surrounding properties. Furthermore, the lower height has resulted in acceptable view and overshadowing impacts as discussed in relevant sections of this report. 

Inadequate building setbacks.

The front setback ranges form a minimum 4.87m to a maximum 12m so that on average the setback is even greater than the minimum 6m preferred solution. Additionally, the front setback is acceptable as it accords with that of adjoining properties on Wolseley Road and complies with the alternative Performance Requirements of the DCP – Multi-unit Housing.

Inadequate southern side setback.

Although the minimum southern side setback is 1.61m, it is only for a length of the proposed building (ie., 6.5m) so that the proposal would comply readily with the minimum average setback of 5m. The setback has been configured to permit the splay at to the front which allows the preservation of view corridors and solar access to the adjoining southern property. The side setback also complies with the alternative Performance Requirements of the DCP – Multi-unit Housing.

Inadequate rear setback.

The proposal complies with the performance requirements of the DCP – Multi-unit housing. In relation to impact on views, this matter is addressed in the assessment section on view loss below.

Proposal still fails to address reasons for refusal

As assessed in Section 10 below, the applicant’s Section 82A submission has now adequately responded to the reasons for refusal of the original DA such that it is considered reasonable and acceptable that the Section 82A proposal be recommended for approval.

Adverse visual impacts upon the foreshore scenic protection area.

The proposal has been lowered through the removal of one storey and additional excavation into the ground to sink the building further into the site, thus reducing eth visual impact of the building in the streetscape and foreshore area. In its assessment of the previous amended version of the original proposal, the Design Review Panel was satisfied with the aesthetic and urban design qualities of the proposal which had been lowered by around 800mm. The additional lowering of the height of the building by one storey in the current Section 82A review represents an additional significant improvement to the building’s aesthetic and urban design qualities and an appropriate softer edge between the existing builtforms on Wolseley Road and the adjoining undeveloped open spaces along this road.

 

Excess bulk and scale.

The bulk and scale of the proposal is considered to result in a builtform that will be compatible with other existing development in the streetscape. Furthermore, the non-compliant FSR is not considered to result in any detrimental impact on the amenity of adjoining residents in terms of solar access, privacy, views, visual bulk and scale, and traffic. In this regard, the assessment of the SEPP No 1 Objection lodged in relation to the breach in FSR show that it is well founded and strict compliance with the standard would be unreasonable and unnecessary See  discussion in main body of report.

Adverse overshadowing impacts.

The proposal would have acceptable overshadowing impacts upon the existing apartment building to the south. See discussion in main body of report.

View loss impacts

The applicant has  adequately demonstrated that the application will not have unacceptable view loss impacts on adjacent properties.

An assessment of view loss is presented under section 10.1 below.

The lack of height poles

 

The erection of height poles is considered unnecessary because the view assessment in Section 10 below has adequately and competently shown what the impact of view loss to adjoining properties through the applicant’s digitised building frames superimposed into relevant view corridors. Furthermore, the reduction in height by deletion of one whole storey and in the Section 82A proposal will improve outlooks to all affected properties overall.

Inappropriate relationship to the context.

See comments regarding bulk and scale above.

Unsuitable aesthetics due to angular form.

It is considered that the aesthetic presentation is within the range of variation acceptable in this location and that the proposal is of high architectural quality which has now been made lower and less bulkier to create a high quality addition to this highly prominent site. Although different from surrounding structures, it is not reasonable to expect that their less interesting architectural quality should require a restraint of design quality or less innovation in new structures.

Concern about structural impacts of construction.

Conditions would be applied to any consent granted to ensure the protection of the structural integrity of adjacent structures.

Lack of detail regarding air conditioning units.

The proposal provides for air conditioning units enclosed in a plant room at ground level. Council would require these to comply with strict conditions regarding noise if approved.

Natural ventilation of adjacent properties adversely affected.

It is unlikely that the proposal would hinder natural ventilation of adjacent properties.

Proposal will result in additional traffic and noise pollution.

The proposal contains three dwelling units which in terms of traffic generation will be minor and will also have minimal impact on on-street parking demand. Given the small number of units, is unlikely to result in any significant increase in on street traffic or noise.

Loss of privacy.

The application addresses privacy issues very well and would have minimal adverse privacy impacts and may improve the existing privacy situation by creating more carefully located openings, private open space and increased vegetation.

 

7.      Technical Officers Comments

 

7.1    Development Engineer

Amended plans (Plan No 1.01 C -1.03 C, 2.01 C & 3.02 C  by XPACE dated 8.10.2010) for a Section 82A Review application have been received for the construction of a residential flat building at the above site.

 

The overall amendments include the number of Units which now proposes to be 3 X 3 bedroom units with basement parking for 6 vehicles, amendments to car space widths, driveway grades and wall heights adjacent to the driveway.

 

The Development Engineering Report is as follows:

 

Landscape Comments

The only vegetation within the front portion of the site, fronting onto Wolseley Road, is one Howea fosteriana (Kentia Palm) of approximately 6 metres in height, between the southeast corner of the existing dwelling and the partly excavated garage, which appeared in reasonable health and condition, and is covered by Council’s TPO.

 

While palms are accent species that create visual interest, as well as tolerating the harsh coastal conditions which are prevalent at this site, this particular specimen is not overly significant in any way, with transplanting not a viable option given the relatively low success rate of such a process, and as such, no objections are raised to its removal, subject to implementation of the proposed landscape scheme as shown.

 

Similarly, in the rear yard, around the southwest corner of the existing dwelling, there is a group of semi-mature trees all of around 6-8 metres in height, that have obviously been planted to provide screening and privacy between this site and adjoining residences to the south, 4 Wolseley Road, and west, 2A Wolseley Road.

 

They comprise one Cupressocyparis leylandii (Leylands Cypress), right on the southern site boundary, then to its north, three Syagrus romanzoffianum (Cocos Palms), and then further to the west again, near the southwest corner of the site, a Lagunaria patersonii (Norfolk Island Hibiscus).

 

The site inspection concurs with the findings of the previously submitted Arborists Report, in that they all either insignificant or undesirable species, being the rapid growth rate and large size of the Cypress; the weed-like properties of the Cocos Palms; and the fine hairs of the seed pods of the Hibiscus which cause skin irritations to both humans and animals.

 

As none are deemed suitable for retention, coupled with the fact it would not be physically possible to retain any of these trees given the impact this would have on the development of the site, consent has been granted for their removal, with the extensive landscaping and planting proposed as part of this application to vastly improve the horticultural and arboricultural amenity of the site.

 

Drainage Comments

On site stormwater detention is not required for this development.

 

Traffic Comments

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

 

Parking provision –

DCP-1.5spaces per 3 bedroom dwelling (3x1.5 spaces = 5 spaces)

DCP Visitor Spaces 1 per 4 dwellings (Not required as only 3 dwellings proposed)

Total Required = 5 spaces   Total Provided = 6 spaces

 

Service Authority Comments

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

 

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

 

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

 

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

 

An inspection of the site revealed that with the exception of the feeder lines into the subject site there are no overhead cables along the Wolseley Road site frontage.

 

Should the application be approved the following conditions shall apply:

 

7.2    Health, Building and Regulatory Services

The Manager, Health Building and Regulatory Services raises no objections to the application subject to appropriate building and health/environmental conditions.

 

8.      Relevant Environmental Planning Instruments

 

The Section 82A Review application has been assessed in accordance with the provisions of the following relevant planning documents:

 


8.1         Randwick Local Environmental Plan 1998 (Consolidation)

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

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

 20E - Landscaped Area

50% of site area (or 245.35m2)

50.9% or 250.3

m2

Yes

 – Landscaped Area over Basement

Less than 50% of landscape  area requirement

(max 122.6m2)

24.8% or 60.84 sqm

Yes

20F - FSR

0.65:1 (318.95m2)

1.182:1 (580.13 m2 )

No (SEPP 1 Objection)

20G – Building Height

Max 12m

Max 10.4 m to roof at eastern street front

Yes

20G – External Wall Height

Max 10m

Max 10 top of parapet north elevation

Yes

Other Clauses

Effect

Applies

Comment

43

Heritage Item or Conservation Area

No

NA

46

Vicinity of Heritage Item

No

NA

 

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

 

Clause 9             Objectives

Clause 29           Foreshore scenic protection area

Clause 40        Earthworks

 

9.         Policy Controls

 

The following Council policy controls may be used as a guide in assessing the proposed development:

 

DCP – Multi-unit Housing

DCP – Parking

 

Accordingly, relevant provisions of these policies and DCPs have been applied in assessing the amended proposal.

 

10.     Environmental Assessment

 

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

 

10.1   Statutory Controls – S79C(1)(a)

 

10.1.1              EP&A Act 1979 - Section 82A Review

The applicant advises that the Section 82A application seeks to amend the original proposal so as to address Council’s reasons for refusal of the original DA and that, in doing so, the amended development will be substantially the same as that proposed in the original application. The merits of the applicant’s response to each reason for refusal are addressed as follows:

 

1.       The proposed development is inconsistent with the aims and objectives of the Randwick Local Environmental Plan 1998.

Applicant’s response:

Council’s comments: The amended scheme contained in the Section 82A proposal is a significant improvement over the refused proposal by virtue of its lower compliant height and reduced FSR. The Section 82A proposal will now be lower in height, bulk and scale than the previous refused scheme and will further ameliorate the amenity impacts on adjoining and surrounding properties. The proposal has adequately addressed the consistency of the proposed development with the underlying and stated purposes of the standard and the local planning objectives for the locality and objectives of the Act. The SEPP 1 objection lodged in relation to FSR has appropriately justified that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case.

 

2.       The proposal fails to meet aim (g) of the Randwick Local Environmental Plan 1998 in that the proposal does not seek to promote, protect and enhance the environmental qualities of the City.

Applicant’s response:

 

 

Council’s Comments: The proposal now fully complies with both the maximum building and maximum external wall heights controls of the Randwick LEP with the deletion of one entire level. Accordingly, the proposal will not compromise the aims of the LEP in relation to aesthetic character, environmental qualities and social amenity of the locality and provide additional variety to housing types that does not compromise the amenity of the residential area, consistent with the zone objectives.

 

3.       The proposed development is contrary to the purpose and numerical requirements of Clause 33(2) and 33(4) of the Randwick Local Environmental Plan 1998 relating to the height of the development.

 

Applicant’s response:

 

 

Council’s comments: With the removal of one entire level and additional excavation into the site, the proposal now fully complies with both the maximum building and maximum external wall heights controls of the Randwick LEP.

 

4.       The proposed development is contrary to the purpose and numerical requirements of Clause 32(3) of the Randwick Local Environmental Plan 1998 relating to the floor space ratio of the development.

 

Applicant’s response:

 

 

Council’s comments: With the removal of one entire level the FSR of the proposed development has now reduced from 1.53:1 (763.2 sqm) to 1.182:1 (580.13 sqm). The SEPP 1 objection lodged in relation to the now reduced non-compliant FSR has appropriately justified that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case. In doing so, the Section 82A request has  adequately shown that the amended proposal is consistent with the underlying and stated purposes of the standard, the local planning objectives for the locality and objectives of the Act.

 

5.       The proposal fails to comply with Clause 3.2 – Height of Development Control Plan Multi-unit Housing in that the height of walls will result in substantial adverse impacts in respect of overshadowing.

 

Applicant’s response:

Council’s comments: With the removal of one entire level and additional excavation into the site, the proposal now fully complies with both the maximum building and maximum external wall heights controls of the Randwick LEP. The assessment of solar access impacts to the adjoining southern property in the relevant section below indicates that, while the north-facing dwelling units in the adjoining southern property at No 4 Wolseley Road will be primarily affected during the winter solstice:  

                                                                        

·    Solar access will be reasonably maintained to the majority of dwelling units in No. 4 Wolseley Road through a range of windows in the north elevation of these units including “sunrooms”  eventhough it is recognised that some living room windows of these dwelling units will experience less sunlight than is currently available.

 

·    the use of a splayed building footprint contributes significantly towards the amelioration of overshadowing to No. 4 Wolseley Road than would otherwise be the case under a compliant scheme.

 

6.       The proposal fails to comply with Clause 3.3 – Building Setbacks of Development Control Plan Multi-unit Housing in that the rear setbacks fail to maintain reasonable levels of solar access.

 

Applicant’s response:

 

Council’s comments: While the proposed rear setback of the proposal is less the required minimum 6m for any part of the building, the proposal has a splayed/tapering design that, in effect, complies with the minimum average setback of 8m given the maximum setback of 14.7m at the tapered end of the building. Accordingly, the applicant’s advice that the splayed element in the results in a overshadowing impact that improves on the refused scheme and a compliant envelope is considered reasonable and acceptable.

 

7.       The proposal fails to comply with Clause 3.4 – Density of Development Control Plan Multi-unit Housing in that the building bulk is not compatible with surrounding built forms and does not minimize the impact on nearby buildings or the streetscape.

 

Applicant’s response:

 

 

 

Council’s comments: The amended Section 82A proposal will result in a building that will be lower in height than the adjoining buildings at No. 4 and No. 6 Wolseley Road and No. 252 Oberon Road.

 

8.       The proposal fails to comply with Clause 4.3 – View Sharing of Development Control Plan Multi-unit Housing in that it fails to demonstrate acceptable levels of view sharing to neighbouring properties.

 

 

Applicant’s response:

 

Council’s comments: The applicant’s assessment is reasonable and essentially correct as indicated in the view loss assessment in Section 10 below.

 

9.       The proposal fails to comply with Clause 4.4 – Solar Access and Energy Efficiency, Performance Requirement P1.2 of Development Control Plan Multi-unit Housing in that living areas of neighbouring dwellings would have access to sunlight reduced to less than 3 hours per day.

 

Applicant’s response:

 

Council’s comments: With the removal of one entire level and additional excavation into the site, the proposal now fully complies with both the maximum building and maximum external wall heights controls of the Randwick LEP. The assessment of solar access impacts to the adjoining southern property in the relevant section below indicates that, while the north-facing dwelling units in the adjoining southern property at No 4 Wolseley Road will be primarily affected during the winter solstice:  

                                                                        

·    Solar access will be reasonably maintained to the majority of dwelling units in No. 4 Wolseley Road through a range of windows in the north elevation of these units including “sunrooms”  eventhough it is recognised that some living room windows of these dwelling units will experience less sunlight than is currently available.

 

·    the use of a splayed building footprint contributes significantly towards the amelioration of overshadowing to No. 4 Wolseley Road than would otherwise be the case under a compliant scheme.

 

10.     The proposal is not in the public interest.

 

 

Council’s comments: As indicated in Section 10 below, the proposed development will be in the public interest as it will result in an appropriate use  that will be compatible in the locality in terms of land-use, scale, design and amenity. In particular, the concerns raised as a matter of public interest in the notification/advertising process of the Section 82A review proposal have been adequately assessed in Sections 5 and 10 of this report. The assessment indicates that the amenity impacts of the proposal will be reasonable and acceptable. Where appropriate, conditions have been applied to mitigate any potentially adverse amenity impacts.

 

10.1.2        Randwick Local Environmental Plan 1998

 

Clause 9 - Objectives

 

Clause 9 of RLEP 1998 requires Council to consider the aims of the LEP and Zone objectives prior to determining any DA on land to which the RLEP applies. The proposal is permissible with Council’s consent. In this regard the proposal will not compromise the aims of the LEP in relation to aesthetic character, environmental qualities and social amenity of the locality and provide a variety of housing types that does not compromise the amenity of the residential area, consistent with the zone objectives.

 

Clause 12 – Zone Residential 2C

 

The subject site is zoned Residential B under the Randwick Local Environmental Plan 1998 (RLEP). The proposed development for multi-unit housing is permissible with Council's consent under the zoning provisions applying to the land.

 

The proposal is also consistent with the following relevant objectives of the Residential B zone: 

 

(a)    To provide for a medium density residential environment

(b)    To maintain the desirable attributes of established residential areas.

(c)    To protect the amenity of existing residents.

(e)    To encourage housing affordability.

 

The proposal is considered to satisfy the objectives of the zone, particularly objectives (a) (b) (c) and (e). The Section 82A proposal has considered the surrounding context and desired future character of the 2C zone and despite numeric non-compliance with the density standard achieves a form that is consistent with the desired future character of the zone. Overall, the amended proposal is satisfactory with regard to the relevant objectives of the 2C zone.

 

Additionally, the amended proposal provides for a compliant building and external wall height and in doing so reduce its overall visual bulk and scale and improve amenity impacts to adjoining properties. Accordingly, the amended development has considered the surrounding context and desired future character of the 2C zone and despite numeric non-compliance with the density standard achieves a form that is consistent with the desired future character of the zone. Overall, the amended proposal is satisfactory with regard to the relevant objectives of the 2C zone.

 

Clause 29           Foreshore scenic protection area

 

Clause 29 requires consideration to be given to the aesthetic appearance of proposed buildings so as to protect the visual qualities of the foreshore. The proposal has been lowered through the removal of one storey and additional excavation into the ground to sink the building further into the site, thus reducing the visual impact of the building in the foreshore area. The Design Review Panel was satisfied with the aesthetic and urban design qualities of the original DA proposal so that by extension this assessment is equally applicable for the current lowered proposal.

 

Clause 40        Earthworks

 

Clause 40 of the RLEP contains provisions for undertaking of excavation and filling of land to ensure minimal impacts on drainage patterns, soil topography, and future redevelopment of the land. The proposal will require significant excavation to be undertaken to accommodate two basement levels of carparking. The applicant has designed the building such that the dwelling unit on the first level will be partially sunken into the natural ground. The proposed excavation is unlikely to interrupt the drainage patterns of the site subject to appropriate drainage works (as addressed by Council’s Development Engineer in relevant sections of this report). Additionally, the proposed excavation is not considered to result in any significant impact on the topography of the site or in any soil instability to adjoining lands subject to appropriate conditions to ensure the protection of adjoining land and properties. As such, the proposed excavation will not adversely impact upon future redevelopment of the subject and adjoining lands. Accordingly, the proposal is acceptable in relation to the provisions of Clause 40.

 

10.1.3        State Environmental Planning Policy No. 55 – Remediation of Land

SEPP No. 55 aims to promote the remediation of contaminated land for the purposes of reducing risk of harm to human health or any other aspect of the environment.

 

The site has a continuous history of residential use and this does not suggest a risk of contamination.

 

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

SEPP No. 65 applies to the subject proposal and the original proposal submitted under DA/12/2009 was referred to the Design Review Panel for comment. The amended Section 82A Review proposal was deemed not necessary to be referred to the Panel as the proposal is essentially an improvement over the original DA scheme. Accordingly, the original comments of the Panel remain valid for the Section 82A proposal and wherever appropriate are re-assessed in this report for the Section 82A review proposal.

 

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

 

10.2.1        DCP – Multi-unit Housing

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

Adequate site analysis of the nature and layout of developments on the adjoining sites, and sufficient detail of the potential impacts on the neighbouring properties has been undertaken.

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

 

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

Frontage is 14.635m – does not comply. However, proposal is consistent with the Performance Requirement. 

P3 Development on corner sites responds to both street frontages.

 

 

Not applicable.

Height

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

 

The section 82A proposal ha been reduced in height by 1 storey level such that the proposal now complies with the maximum building and external wall height standard of the Randwick LEP.  Furthermore, the location and orientation of the proposed building will not cause substantial adverse impacts on streetscape or adjoining properties. Accordingly, the reasons for refusal of the original DA relating to unsatisfactory visual bulk and scale and overshadowing have now been adequately addressed. Furthermore, the proposal is consistent with the Performance Requirement

 

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

 

The bulk of the building will be distributed over a splayed / tapering builtform. This design element not only assists in mitigating the impact of overshadowing and loss of  views to the adjoining southern property but also creates a visually interesting building that will be not be visually intrusive but will maintain an appropriate graduated scale between existing buildings in Wolseley Road and the open space.

Building Setbacks

 

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

 

P2  Side boundary setbacks

Side setbacks to ensure:

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

 

 

Adjoining dwelling is setback min 3.5m

 

 

 

 

 

S2  Zone 2B

Minimum average setback 4 metres.

No part closer than 2.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

S2  Zone 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

 

 

Min. 4.3m proposed widening to a max 11.2m given the splayed / tapering footprint.

Complies.

 

 

South Side Setback:

1.61m

Does not comply.

 

 

North Side Setback:

0m

Does not comply.

 

Notwithstanding, the partial non compliant setbacks, the proposal is consistent with the corresponding Performance Requirement of the DCP.

P3  Rear Boundary Setbacks

Ensure that:

§ Solar access and overshadowing are minimised.

§ Privacy between neighbouring dwellings and their open spaces provided.

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

§ Building built across site.

S3  Zone 2B

Minimum average setback 6 metres.

No part closer than 4.5 metres.

Maximum length of wall without articulation 10 metres.

S3  Zone 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

Maximum length of wall without articulation 10 metres.

 

Rear setback varies from minimum 3.778 (which does not comply with the required minimum of 6m) but reaches a maximum 14.7m such that the average  setback is achieved. The proposal also complies with the alternative performance requirements of the DCP.

P4  General

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

 

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

Complies.

Density

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

 

The bulk and scale of the proposed addition when viewed from adjoining public spaces, streetscape and private properties will not overbearing (given its setback and reduced size) such that the overall building will be visually compatible with RFBs in adjoining and surrounding properties. The proposal will result in reasonable shadow impacts on the adjoining property to the south. The proposed development density is not considered to be excessive.

Fences

P1  Fences to be/have:       

§ consistent with streetscape;

§ Entrances highlighted; and

§ Planting used to soften and provide privacy.

 

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

 

Not applicable.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

 

S1 Minimum for landscaped area 2 metres.

No change.

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

 

 

No change.

P3  Private Open Space

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

 

 

Complies.

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

 

 

Not applicable.

P6  Flats and apartments

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

 

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

Complies.

Privacy

P1  Visual Privacy

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

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

The proposal is generally orientated towards Neptune Park to the north and has been carefully designed to avoid overlooking of adjacent properties.

Complies.

 

Private open spaces and balconies are well located to ensure suitable levels of privacy.

 

 

P2 Private open space design and location ensure privacy.

 

P3  Acoustic Privacy

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

 

 

Layout is considered suitable to ensure acoustic privacy.

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

 

Conditioned to comply

View Sharing

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

 

 

 

 

 

See assessment in relevant Section below. The Section 82A proposal with its reduced height will not obstruct any significant view corridors from any public or private domain.

 

 

 

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

 

 

 

 

 

P3 Buildings are aligned to maximise view corridors between buildings.

 

 

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

Refer to comments below.

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

 

Refer to comments below.

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

 

Refer to comments below.

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

 

Refer to comments below.

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

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

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

Refer to “BASIX”.

P5 Buildings have roofs with pitch suitable for solar collectors.

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

The roof design allows the installation of solar panels in the future.

Safety and Security

P1 Design allows surveillance.

 

Satisfactory.

P2 Approaches and entries are visible.

 

No change.

P3 High walls and structures avoided.

 

No change.

P4 Resident car parking has security grilles or doors.

 

No change.

P5 Visitor parking spaces clearly identifiable.

 

No change.

P6 Adequate lighting for personal safety and security provided.

 

No change.

P7 Adequate lighting is provided in common areas.

 

No change.

P8 External lighting does create a nuisance.

 

Addressed by existing condition under DA/1140/2007.

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

Satisfactory, refer to the “Parking DCP” section of this report for details.

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

 

No change.

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

 

Not applicable.

P3 Secure storage for bicycles is provided.

 

No change.

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

No change.

P2 Vehicles enter/ leave in a forward direction.

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

No change.

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

S3 Long driveways provide passing bays.

No change.

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

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

No change.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

No change.

P6 Driveway gradients safe.

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

 

No change.

Storage

P1 Accessible and separate storage for each dwelling.

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

The internal floor layout of Unit 13 contains sufficient space for placing of cabinets.

Barrier-Free Access

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

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

Addressed by condition.

P2  Dwelling requirements:

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 so on…

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

 

Not applicable.

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

 

Not applicable.

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

 

A passenger lift has been incorporated in the development.

Utilities/Site Facilities

P1 Mailboxes provided in accordance with Australia Post.

 

Addressed by condition.

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

 

Addressed by condition.

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

 

Addressed by condition.

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

 

Addressed by condition.

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

 

Addressed by condition.

P6 Telephone lines provided in accordance with the service provider.

 

Addressed by condition.

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

 

 

Complies.

Waste Minimisation and Management

P1 Waste collection and separation facilities for each dwelling.

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

Satisfactory.

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

 

No change.

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

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

No change.

 

10.2.2                 Randwick Development Control Plan (RDCP) Parking

The DCP provides the following car parking provisions for multi-unit housing.

 

 

Rate

Requirement

Proposed

3 + Bedroom

1.5 per dwelling

4.5

5

Visitor

1 per 4 dwellings

1

1

Bicycle

1 per 3 dwellings and 1 visitor per 10 dwellings

1

Not shown but space available for conditioned provision.

 

Carwash bay

1 per 12 dwellings

N/A

1 (combined with visitor space)

 

The proposal complies with parking requirements for multi unit housing.

 

10.2.3                 Randwick Section 94A Development Contributions Plan

 

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

 

Category

Cost

Applicably levy

S94A levy

Development cost more than $200,000

$3,154,803.

1%

$31,548.03

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

 

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

 

10.3.1  Natural Environmental Impacts

The subject site is located in an existing built-up area comprising a mix of residential developments along Wolseley Road and Oberon Street. As such, there are no threatened species, populations or ecological communities or habitats that would be affected by the proposed development within, or in the vicinity of, the development site.

 

10.3.2  Built Environmental Impacts

 

10.3.2.1                       Urban Design

While the proposed splayed built form departs from the rectangular block form that is typical of neighbouring buildings, it is considered a creative and functional approach for a multi-unit housing building on the land given its context. The use of a broad façade to the north maximises solar aspect for future residents of the proposal whilst maintaining views and solar access to the adjoining southern property at the tapered southern end.

 

The zero setback from the north boundary maximises the interface to the public park on this front. As the park is on the northern side, the proposed development is not expected to affect the integrity and function of the park and therefore, is reasonable and acceptable.  

 

Under the provisions of SEPP 65, the Design Review Panel reviewed the original DA proposal in July 2009. As the Section 82A review proposes physical improvements to the overall design of the proposed development, the original comments of the Panel remain valid and wherever appropriate are re-assessed for the Section 82A review proposal.

 


10.3.2.2           Sunlight, Privacy and Views

 

Sunlight

Shadow diagrams on plan and elevation have been provided for the amended proposal which have been verified and assessed by the applicant’s solar expert, Steve King, including an assessment of objector’s concerns regarding overshadowing. The shadow diagrams indicate that at 9.00 am, 12:00 midday and 3:00pm in the winter solstice, overshadowing will occur predominantly on the residential flat building at No 4 Wolseley Road.

 

Objections have been raised by the owners of the units with north-facing living rooms in No 4 Wolseley Road objecting to the reduced availability of sunlight to these living room windows as a result of the proposed development. These objections are addressed in the overall assessment of overshadowing contained below.

 

Lower level apartments in No 4 Wolseley Road

 

Unit 1

The living room window of eastern lower level apartment (Unit 1) will lose all solar access to its living room window between 9am-3pm. However, this impact is moderated by the following considerations such that there are no grounds for refusing the application on overshadowing matters:

 

·      The secondary living room of this apartment comprising a sun room on the eastern end will have unobstructed solar access.

 

·      The bedroom and bathroom of this apartment will receive reasonable exposure to sunlight in the winter morning.  

 

·      A compliant building envelope would have the same overshadowing impact on the living room window of Unit 1.

 

Unit 4

The living room window of the western lower level apartment (Unit 4) will receive reduced sunlight from 12:30pm to 2:30pm. However, this impact is moderated by the following considerations such that there are no grounds for refusing the application on overshadowing matters:

 

·      The secondary living room of this apartment comprising a sun room on the western end will have unobstructed solar access from 11:30am onwards.

 

·      The bedroom and bathroom windows of this apartment will receive reasonable exposure to sunlight in the winter afternoon.  

 

·      A compliant building envelope would have worse overshadowing impact on the living room window of Unit 4.

 

Upper level apartments in No 4 Wolseley Road

 

Unit 5

The living room window of eastern upper level apartment (Unit 5) will experience additional overshadowing over the course of the winter day to predominantly lower portion of the glazed area of the subject window. However, this impact is moderated by the following considerations such that there are no grounds for refusing the application on overshadowing matters:

 

·      The living room window of this apartment will continue to receive sunlight to the top portion of the glazed area throughout the winter day in excess of the minimum 3 hours per day. It is considered that the degree of solar access retained to this window accords with the planning principle established in the case of The Benevolent Society v Waverley Council [2010] NSWLEC 1082 in that adequate solar access in the built space behind the exposed glazed area will be achieved by the sun falling on the comparatively modest portion of the glazed area of the living room window. 

 

·      The secondary living room of this apartment comprising a sun room on the eastern end will have unobstructed solar access throughout the winter day.

 

·      The bedroom and bathroom of this apartment will receive reasonable exposure to sunlight in the winter morning.  

 

·      The applicant has provided details of the overshadowing impact of a compliant building envelope that shows a worse impact on the living room window of Unit 5.

 

Unit 7

The living room window of the western upper level apartment (Unit 7) will receive reduced sunlight from 9am  to 10:30 am. However, this impact is moderated by the following considerations such that there are no grounds for refusing the application on overshadowing matters:

 

·      The living room window of this apartment will continue to receive sunlight throughout the winter day in excess of the minimum 3 hours per day.

 

·      The secondary living room of this apartment comprising a sun room on the western end will have unobstructed solar access throughout the winter day.

 

·      The bedroom and bathroom windows of this apartment will receive reasonable exposure to sunlight in the winter afternoon.  

 

·      A compliant building envelope would have worse overshadowing impact on the living room window of Unit 7.

 

Overall the proposal’s shadow impact on adjoining properties is considered to be reasonable and acceptable in context of the surrounding area.

 

Privacy

The assessment report of the original DA proposal contained an adequate assessment of the privacy impacts of the proposal which found that the proposal was satisfactory with regards to these impacts subject to, in some cases, conditions. As stated in the assessment of privacy impacts contained in the previous DA proposal, the application addresses privacy issues very well and would have minimal adverse privacy impacts and may improve the existing privacy situation by creating more carefully located openings, private open space and increased vegetation. The current assessment of the Section 82A proposal confirms that the original assessment of the privacy impacts is valid and remains applicable to the amended proposal. It is not proposed to re-iterate the original assessment of privacy impacts in this report except to state that the proposal is generally orientated towards Neptune Park to the north and has been carefully designed to avoid overlooking of adjacent properties.

 

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

 


Loss of views

The assessment report of the original DA proposal contained a comprehensive assessment of view loss raised in the objections of adjoining and surrounding residents. The original assessment found the original proposal satisfactory with regards to view impacts o adjoining properties except for the  5/6 Wolseley Road and 9/251 Oberon Street. This current assessment of the Section 82A review proposal indicates that, with the reduction in height of the proposal by 1 storey and further sinking in of the building into the site, the view impacts on adjoining properties will be reasonable and acceptable.

 

The following properties have objected to the extent of view loss created by the proposal:

a)  2A Wolseley Road;

b)  1/4 Wolseley Road;

c)  3/4 Wolseley Road

d)  5/4 Wolseley Road;

e)  5/6 Wolseley Road;

f)   9/251 Oberon Street.

 

The view loss from each of the above properties will be assessed against the Land and Environment Court Planning Principle established in Tenacity Consulting v Warringah.

 

A. 2A Wolseley Road:

These two north-east apartments have extensive views over Coogee Bay to the north and the Pacific Ocean to the east across the subject site.

 

Planner’s Comment: The original assessment of view loss undertaken for the approved development is detailed below. This assessment remains valid for the amended proposal and, where appropriate, has been amended / augmented to account for the amended S82A proposal. 

 

1. Quality of Views:

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

 

Planner’s Assessment:

The views available from this apartment include extensive views of Coogee Beach and the headland to the north and partial views of the Pacific Ocean and Wedding Cake Island to the east.

Rating: Excellent, especially to the north.

 

2. Reasonable Expectation of View Retention:

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

 


Planner’s Assessment:

The view to the north is across a public open space and expectation of its retention is reasonable. The view to the east, however, is at low level across the side boundary of the objector’s site and rear boundary of the subject site.

 

Rating: It is not reasonable to expect retention of the easterly views.

 

3. Extent of Impact:

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

 

Planner’s Assessment:

An assessment of the view impact for each primary window from north to east:

 

Living room:

Views of Coogee Bay, beach and headland to the north. No impact.

 

Kitchen:

Partial views of Wedding Cake Island to the east.

Rating: minor loss to the property overall.

 

4. Reasonableness of Proposed Development:

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

 

Planner’s Assessment:

Although the application exceeds both the FSR and height standards, it is not the non-complying elements of the proposal which result in the easterly view loss. Any building complying with FSR and height would be likely to have the same result. It is thus considered that the proposed development is reasonable.

 

Conclusion:

It is considered that the extent of view loss experienced by this property is both minor and reasonable.

 

B. 1/4 Wolseley Road:

This ground floor apartment has extensive views ranging from the South Pacific Ocean to Coogee Beach.

 

Planner’s Comment: The original assessment of view loss undertaken for the approved development is detailed below. This assessment remains valid for the amended proposal and, where appropriate, has been amended / augmented to account for the amended S82A proposal. 

 

1. Quality of Views:

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

 

Planner’s Assessment:

The views available from this apartment include extensive water views, the headland of Coogee Beach and the land/sea interface.

 

Rating: very good.

 

2. Reasonable Expectation of View Retention:

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

 

Planner’s Assessment:

Although the view lost is across a side boundary, it is across the front setback area. It should not be difficult to preserve.

 

Rating: easy to protect.

 

3. Extent of Impact:

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

 

Planner’s Assessment:

An assessment of the view impact for each room’s window from rear to front (west to east):

 

Kitchen:

Some views would be opened up towards the ocean due to the increased side setback;

 

Living room:

Comments same as kitchen.

 

Bedroom:

Almost total loss of views of Coogee Beach and the headland to the north. Retention of Ocean Views.

 

The Section 82A proposal will result in the same view loss impact as the original proposal in that there will be loss of the Coogee Beach and northern headland.  However, as with the original DA, expansive ocean views further east will be retained.

 

Sunroom:

 

Rating: As with the original DA proposal, the Section 82A proposal will result in severe loss of views to the north-facing window of the sunroom. However this view loss is moderated significantly by the retention of expansive ocean views through the eastern window.

 

 

4. Reasonableness of Proposed Development:

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

 

Planner’s Assessment:

The planner’s assessment of the original DA proposal remains valid and applicable to the Section 82A proposal which stated, that

 

“Although the proposal exceeds the height and FSR, these are not the elements of the proposal which result in the view loss. The views are instead impeded by elements of the proposal which lie well within any compliant envelope. Furthermore, the proposed front setback has an angled front which significantly exceeds the minimum required specifically to assist in the preservation of the views from this property. Thus, insofar as the proposal impacts upon these properties, it exceeds minimum requirements and is more than reasonable.”

 

The relevance of this assessment to the current Section 82A proposal is accentuated by the fact that the Section 82A proposal now results in a fully compliant building height, and a further reduced non-compliant FSR, while maintaining the same proposed angled front setback which significantly exceed the minimum required.

 

Rating: Accordingly, the impact of both the original proposal and the Section 82A proposal remains “very reasonable”.

 

Conclusion:

The view loss assessment for the Section 82A proposal concurs with that undertaken for the original DA in that that the overall view loss to Unit 1 will be moderate to severe. However, this view loss is justified as the original conclusion remains valid for the Section 82A proposal which reads as follows: “although the view loss for this apartment is severe, this is due to the intrinsic quality of the view lost, the line of sight across a side boundary and the existing location of the living room windows facing directly onto a side boundary.  The resulting view loss is not a result of any non-compliance in height, setbacks or FSR or any unreasonable aspect of the proposal. A compliant building would have worse impacts while the proposal has provided greater retention of views than could reasonably be expected.”

 

C.      3/4 Wolseley Road:

 

This ground floor apartment is located on the north-western corner of apartment building at No. 4 Wolseley Road, and mainly has some partially obscured distant views of Coogee Beach and adjoining northern headland.

 


1. Quality of Views:

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

 

Planner’s Assessment:

The views available from this apartment is primarily that of distant land/sea interface and the northern headland obtained form the east-facing sunroom window located to the north-western rear corner of this apartment.

 

Rating: good.

 

2. Reasonable Expectation of View Retention:

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

 

Planner’s Assessment:

The view lost is across a side boundary and being to a sunroom and not a living room, is difficult to preserve. Furthermore, the view is already partially obstructed by an existing paling fence approximately 1.5m high and adjoining vegetation some of which appear to be introduced dead branches and fronds attached to the upper section of the existing fence.

 

Rating: Not easy to fully protect this view.

 

3. Extent of Impact:

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

 

Planner’s Assessment:

An assessment of the view impact for the sunroom of Unit 3 has been undertaken as follows:

 


Sunroom

The view from the sunroom to distant land/sea interface and the northern headland already  obscured by an existing fence and the existing vegetation. Notwithstanding this, a view corridor to the  land/sea interface has been provided in the form of the proposed 3.576m wide rear setback of the development from the western boundary. Views will therefore remain available from the sunroom. Following discussions with the applicant, the rear setback has been further increased to 3.776m as reflected in the amended plans.

 

 

Rating: moderate loss of views to the north window.

 

4. Reasonableness of Proposed Development:

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

 

Planner’s Assessment:

The view loss could be further ameliorated by a fully compliant rear setback of 6m. However, the possibility of preserving views across a side boundary, for a sunroom connected to a bedroom and not strictly a living room, and a view that is already partially obscured is difficult. Notwithstanding this, the applicant has provided for an additional 200mm to the rear setback of the proposed building which results in a total rear setback 3.776 m to further relieve the view loss from the sunroom.

 

Rating: the retention of a view corridor through a 3.776m wide rear setback is considered reasonable (especially given that the proposal readily complies with average rear setback of 8m under the DCP because of the splayed/tapering footprint of the proposal from eth rear boundary).

 

Conclusion:

A requirement that the rear setback of the proposal be increased to the setback of 6m is not considered warranted (given that the proposal readily complies with average rear setback of 8m under the DCP because of the splayed/tapering footprint of the proposal from eth rear boundary) but the provision of a 3.776m rear setback to facilitate views to the sunroom is deemed adequate. Furthermore, there can be no guarantee that the provision of a 6m setback would maintain views to the sunroom as it would be equally unreasonable and inappropriate then to require the applicant to plant only low level landscaping and ground covers in the major landscaped areas of the proposed development adjoining the objectors sunroom simply to maintain a view across a side boundary. 

 

 

D.      5/4 Wolseley Road:

This first and top floor apartment has extensive views ranging from the South Pacific Ocean to Coogee Beach. They are similar to those enjoyed by Unit 1 but are from a higher elevation and include better views from the living room as the elevation enables a sight line across the hip of the existing roof at no 2. This unit will be used as an example as it presents both the worst case scenario for both units.

 

Planner’s Comment: The original assessment of view loss undertaken for the approved development is detailed below. This assessment remains valid for the amended Section 82A proposal and, where appropriate, has been amended / augmented to account for the amended proposal. 

 

1. Quality of Views:

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

 

Planner’s Assessment:

The views available from this apartment include extensive water views, the headland of Coogee Beach and a land/sea interface.

 

Rating: very good

 

2. Reasonable Expectation of View Retention:

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

 

Planner’s Assessment:

Sun Room/Bed Room: Although the view lost from the sun room is across a side boundary, it is across the front setback area.  It should not be difficult to preserve.

 

Rating: easy to protect.

 

Living Room:

The view is across a side boundary in the location that it would be reasonable to expect a building to be constructed.

 

Rating: difficult to protect (especially of Coogee Beach)

 

3. Extent of Impact:

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

 

Planner’s Assessment:

An assessment of the view impact for each room’s window from rear to front (west to east):

 

Kitchen (impact of original DA proposal):

 

Some oblique views would be opened up towards the ocean due to the increased splayed side setback.

 

As with the original DA proposal, the Section 82A proposal will retain some oblique views towards the ocean that would be opened up as a result of the increased splayed side setback.

 

Rating: the original rating of positive impact under the original DA proposal is maintained for the Section 82A proposal

 

Living room (impact of original DA proposal):

 


Living room (impact of Section 82A proposal):

 

The view to the headland and the land/sea interface leading towards Coogee Beach would be completely lost under a compliant scheme. The Section 82A proposal, as with the original scheme, will retain north-eastern water views from the living room along the splayed section of the eastern wall of the proposal. The objector has requested that the front eastern balconies and associated balustrades of the proposal be setback further from the front boundary to improve views. This request is not considered reasonable as the balconies and balustrades are open structures (ie., not walls) and do not add significantly to view loss. Notwithstanding this, a condition will be applied requiring the balustrades to be constructed of glass and not heavy or solid material like masonry. 

 

Rating: while the original assessment of the loss of the view of Coogee Beach and associated northern headland was rated as severe to devastating, it is noted in this Section 82A review that the view occurs across a side boundary. The Section 82A proposal will retain north-eastern water views from the living room along the splayed section of the proposed eastern wall as provided for under the original DA proposal.

 

Bedroom (impact of original DA proposal):

 

 

Almost total loss of views of Coogee Beach and the headland to the north under a compliant scheme but retention of ocean views along the splayed section of the eastern wall of the proposal under the Section 82A proposal, as with the original scheme.

 

Rating: moderate view loss across a side boundary.

 

 

 

 

Sunroom:

These views would generally be preserved.

The views from this room to the east, however, (not shown) would not be impacted.

 

Rating: negligible.

 

Property Overall: The Section 82A proposal maintains the splayed building format of the original scheme which assists in moderating the loss of views of Coogee Beach and headland from the living area and Bedroom of Unit 5 by preserving north-eastern ocean views and tip of the headland along the splayed section of the eastern wall of the proposal (instead of a regular block format resulting from a compliant scheme) Accordingly, the Section 82A proposal results in a moderate to severe loss to the property overall.

 

4. Reasonableness of Proposed Development:

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

 

Planner’s Assessment:

As with the assessment of the original proposal, the Section 82A proposal notes that, although the proposal exceeds the FSR control, this is not the element of the proposal which results in the view loss. The views are instead impeded by elements of the proposal which lie well within any compliant envelope. Furthermore, the proposed front setback has an angled front which significantly exceeds the minimum required specifically to assist in the preservation of the views from this property. Thus, insofar as the proposal impacts upon these properties, it exceeds minimum requirements and is more than reasonable.

 

Rating: Very reasonable.

 

Conclusion:

As with the assessment of the original proposal, the Section 82A proposal notes that, although the view loss for this apartment is severe, this is due to the intrinsic quality of the view lost, the line of sight across a side boundary and the existing location of the living room windows facing directly onto a side boundary.  The resulting view loss is not a result of any non-compliance in height, setbacks or FSR or any unreasonable aspect of the proposal. A compliant building would have worse impacts while the proposal has provided greater retention of views than could reasonably be expected.

 

E.      5/6 Wolseley Road:

This elevated top floor apartment is located on the north east corner of the site and is separated from it by No. 4 Wolseley Road. It has attractive views ranging from the South Pacific Ocean to Coogee Beach. These include full and clear views of the locally iconic Wedding Cake Island.

 

Planner’s Assessment:

The original assessment of view loss undertaken for the approved development is detailed below. This assessment remains valid for the amended proposal and, where appropriate, has been amended / augmented to account for the amended S82A proposal.  Accordingly, as with indicated in the original assessment, the attractive and lively view towards Coogee Bay would be impeded with a loss of the land/sea interface while the spectacular view of the South Pacific Ocean to the east would not be impacted.

 

1. Quality of Views:

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

 

Planner’s Assessment:

The views available from this apartment are attractive and extensive.

 

Rating: excellent.

 

2. Reasonable Expectation of View Retention:

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

 

Planner’s Assessment:

The views are obtained across the side of an intervening property (4 Wolseley Road) and the subject site.

Rating: difficult to protect.

 

3. Extent of Impact:

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

 

Planner’s Assessment:

An assessment of the view impact for living room windows:

 

 

 

North Window (impact of original DA proposal):

 

Loss of the lively land/sea interface at Coogee Beach.

North window (impact of Section 82A proposal):

 

The Section 82A proposal will result in the removal of an entire level (shown in green outline in the picture entitled Revised Proposal above). Combined with a further sinking of the building into the subject site, the views of Coogee Beach will now be retained as well as horizon and water interface views. The loss of view under the Section 82A proposal will be minor, especially when it is considered that the expansive view of the ocean to the east are retained and not affected by the proposed development.

 

North East Window (original DA assessment):

 

View is generally retained but it is not as lively as that towards Coogee Beach .

 

Rating: moderate impact

 

 

North East Window(impact of Section 82A proposal):

 

The Section 82A proposal will result in the removal of an entire level (shown in green outline in the picture entitled Revised Proposal above). Combined with a further sinking of the building into the subject site, the view of Coogee Beach will now be retained as well as horizon and water interface views. The loss of view under the Section 82A proposal will be minor, especially when it is considered that the expansive view of the ocean to the east are retained and not affected by the proposed development.

 

4. Reasonableness of Proposed Development:

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

 

Planner’s Assessment:

The Section 82A proposal has addressed adequately the previous concerns of the planner assessing the original DA proposal. The Section 82A proposal is now considered reasonable as it will retain iconic views of Wedding Cake Island and the horizon and water interface which were previously lost under the higher and bulkier building in the original DA.

 

Conclusion:

The property would retain a majority of its excellent views to Coogee Beach as a result of the lowering of the overall building height such that the building now fully complies with the building and external wall height controls.

 

F.      9/251 Oberon Street:

This elevated top floor apartment is located to the rear of the site and is separated from it by one other property. It has extensive and spectacular views ranging from the South Pacific Ocean to Coogee Beach. These include full and clear views of the locally iconic Wedding Cake Island.

 

The excellent views towards Coogee Bay would not be effected while the view of the South Pacific Ocean to the east would be partially interrupted rather than removed while the view to Wedding Cake Island would be generally be maintained from all rooms.

 

1. Quality of Views:

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

 

Planner’s Assessment:

The views available from this apartment are spectacular and extensive water views which include uninterrupted sight lines to all elements of the view.

 

Rating: outstanding.

 

2. Reasonable Expectation of View Retention:

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

 

Planner’s Assessment:

The views are obtained across an intervening property (2A Wolseley Road) and the rear of the subject site.

 

Rating: difficult to protect.

 

3. Extent of Impact:

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

 

Planner’s Assessment:

An assessment of the view impact for each room’s windows from north to south:

 

Balcony and Kitchen (original DA assessment):

Minimal interruption of South Pacific Ocean and none of Wedding Cake Island. This view will be maintained under the Section 82A proposal.

 

 


Living Room (impact of original DA proposal):

Part of the view of the South Pacific Ocean would be interrupted along with while it is likely that some of Wedding Cake Island would be obscured.

 

 

Living Room (impact of Section 82A proposal):

 

The Section 82A proposal will result in the removal of an entire level (shown in green outline in the picture entitled Revised Proposal above). Combined with a further sinking of the building into the subject site, the iconic view of Wedding Cake Island will now be retained as well as horizon and water interface views. The loss of view under the Section 82A proposal will be minor, especially when it is considered that the expansive view of the ocean to the east are retained and not affected by the proposed development.

 

Rating: moderate impact

 

Spare Bedroom:

The view of the South Pacific Ocean would be interrupted while it is likely that some of Wedding Cake Island would be obscured.

 

Rating: minor impact

 

 

 

 

 

 

 

 

 

 

Study (impact of original DA proposal):

The view of the South Pacific Ocean would be interrupted while it is likely that all of Wedding Cake Island would be obscured. Remains the same under the Section 82A Review.

 

 

Rating: minor impact. Remains the same under the Section 82A Review.

 

Master Bedroom (impact of original DA proposal):

The proposed would obscure some of Wedding Cake Island and its curtilage.

 

 

Master Bedroom: (impact of Section 82A proposal):

The Section 82A proposal will result in the removal of an entire level (shown in green outline in the picture entitled Revised Proposal above). Combined with a further sinking of the building into the subject site, the iconic view of Wedding Cake Island will now be retained. The loss of view under the Section 82A proposal will be minor, especially when it is considered that the expansive view of the ocean to the east are retained and not affected by the proposed development.

 

Rating: while the overall view loss is mild given that this view is obtained from a bedroom, the Section 82A proposal will result in an even less severe view loss than that arising from the original DA with some view of Wedding Cake Island retained.

 

4. Reasonableness of Proposed Development:

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

 

Planner’s Assessment:

The Section 82A proposal has addressed adequately the previous concerns of the planner assessing the original DA proposal. The Section 82A proposal is now considered reasonable as it will retain iconic views of Wedding Cake Island and the horizon and water interface which were previously lost under the higher and bulkier building in the original DA.

 

Conclusion:

The property would retain a majority of its excellent views to Coogee Beach as a result of the lowering of the overall building height such that the building now fully complies with the building and external wall height controls.

 

10.3.3        Traffic and access

The increase in traffic generation in the proposed development is not considered to be significant given the minimal number of units proposed (having been reduced from 4 to 3 units under the Section 82 A appeal. The traffic impact on the adjacent classified road network and intersections and on the amenity of adjoining and surrounding roads will be negligible.

 

 10.3.4     Ecologically Sustainable Development

 The proposed development will be well served by public buses along Havelock Avenue and nearby Arden Street linking the subject site to the CBD, Railway Square, and locally to Coogee and Randwick Junction, as well as institutional uses in the LGA. The proposal would assist in encouraging the use of public transport in line with ESD principles.

 

The applicant has provided a BASIX assessment of the amended proposal in the original DA which remains applicable to the Section 82A proposal in accordance with BASIX modelling requirements which indicates compliance with the targets for multi-unit housing for water saving, energy consumption and Thermal comfort. Specifically, the proposal achieves good cross-ventilation and dual aspects for all dwelling units; and will include appropriate energy efficiency and water conservation measures.

 

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

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

 

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

 

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

The Section 82A application was notified and advertised. The issues raised in submissions to this notification/advertising process have been addressed in relevant sections of this report as indicated in Section 5 above.

 

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

The proposed development will be in the public interest as it will result in an appropriate use (ie., a mixed use development) that will be compatible in the locality in terms of land-use, scale, design and amenity as assessed in relevant Sections  of this report.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Leadership in sustainability, excellence in urban design and development, integrated transport and land use    .

Direction:  Improved design and sustainability across all development, integrating transport and pedestrian links between town centres and key locations.     

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The Section 82A review proposal is for an amendment to the proposed multi-unit housing development contained in DA/12/2009 by deletion of one entire level, reduction in the number of units to 3, compliance with building and wall height control and reduction in FSR.

 The proposal is permissible with the consent of Council on the subject site. The proposal does not comply with the maximum FSR standard contained in the RLEP. A SEPP No.1 objection in relation to this breach has been submitted with the application and considered to be well founded in the circumstances. In particular, the proposal will be consistent with the planning objectives for the locality; the proposal is not considered to be visually intrusive or bulky; the development overall is considered to be consistent with the character of existing development in the streetscape and locality; and the additional density will not give rise to any detrimental impacts to surrounding uses in terms of ventilation, sunlight, privacy, views, traffic and parking impacts.

 

The proposal complies with the relevant preferred solutions and performance requirements in the DCP - Multi-unit Housing (with the exception of FSR which has been addressed in the SEPP 1 objection) and the numerical carparking requirement of the DCP – Parking. 

 

It is considered that the scale and form of the proposed development in its amended form in the Section 82A application is appropriate on the site.

 

The proposal will have a reasonable impact on surrounding properties and the redevelopment of the site will not exacerbate impacts.

 

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

 

Recommendation

 

A.     That Council’s original determination of Development Application No. 12/2009 dated 8 December 2009 for demolition of existing dwelling and construction of multi unit housing at 2 Wolseley Road, Coogee be rescinded.

 

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

 

and

 

C.     That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/12/2009 for the demolition of an existing dwelling house and construction of a new flat building at 2 Wolseley Road, Coogee, subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans numbered 1.01, 1.02, 1.03, 2.01, and 3.01 all Amendment C, all dated 08/10/10, and stamped received by Council on 11 October 2010, and the application form, and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       The colours, materials and finishes of the external surfaces to the proposed development are to be compatible with adjacent developments to maintain the integrity and amenity of the building and the streetscape. Specifically, the use of natural materials rather than the proposed predominantly painted surface shall be provided.

 

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

 

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

 

 

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

 

          In this regard, an Application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of appropriate street and unit numbers for the development, prior to issuing an occupation certificate.

 

5.       Balustrades on the front balcony shall be constructed in glass with an appropriate/matching framing material. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

6.       The enclosure of balconies is prohibited by this consent.

 

7.       No cooking facilities or sanitary fittings other than those indicated on the approved plans are to be installed in the premises without the prior written consent of the Council.

 

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

 

9.       Internal or external clothes drying facilities are to be provided in accordance with the provisions of the Building Code of Australia.

 

Should external clothes drying facilities be provided, the facilities must be adequately screened by vegetation and details are to be incorporated into the landscaping plans, to the satisfaction of the certifying authority.

 

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

 

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

 

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

 

13.     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.

 

14.     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.

 

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

 

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

 

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

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost more than $200,000

$3154803

1%

$31,548.03

 

 

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

 

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

 

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

 

17.     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 (excluding plant and equipment during the construction phase) 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.

 

18.     A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s approval, to the satisfaction of Council’s Manager Health, Building & Regulatory Services.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

36.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc.) located upon all of the premises adjoining the subject site.

 

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

 

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

 

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

 

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

 

39.     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.

 

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

 

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

 

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

·       effectively support  the excavation and building; and

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

 

 

 

Notes

 

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

43.     A report prepared by a suitably qualified and experienced person shall be submitted to the Principal Certifying Authority (PCA) and a copy is to be provided to Council upon commencement of works or as otherwise specified by the PCA or Council, certifying that noise and vibration emissions from the construction of the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, Councils conditions of consent and relevant Standards relating to noise and vibration.  In support of the above, it is necessary to submit all relevant readings and calculations made.

 

Any recommendations and requirements contained in the report are to be implemented accordingly and should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to the PCA and Council.

 

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

 

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

 

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

 

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

 

d)     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.

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

i)      Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

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

 

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

 

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details and methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·           construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·       Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

§   Australian Standard 2601 (2001) – Demolition of Structures

§   Occupational Health and Safety Act 2000

§   Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

§   WorkCover NSW – Guidelines and Codes of Practice

§   Randwick City Council’s Asbestos Policy

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

 

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

 

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

 

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

§   Details of hazardous materials, including asbestos

§   Method/s of demolition and removal of asbestos

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

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

§   Methods and location of disposal of any asbestos or other hazardous materials

§   Other relevant details, measures and requirements to be implemented as identified in the Asbestos Survey

§   Date the demolition and removal of asbestos will commence

 

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

 

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

 

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

 

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

 

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

 

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

 

d)     Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996. Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

e)     A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council upon completion of the works prior to an Occupation Certificate being issued, which confirms that the asbestos material have been removed appropriately and the relevant requirements contained in the Asbestos Survey and conditions of consent in relation to the safe removal and disposal of asbestos, have been satisfied.

 

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

 

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

 

a)   $3000.00   -      Damage / Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

55.     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.

 

56.     The applicant shall note that all external work, carried out on Council property, shall be in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works". An application for the cost of the Council civil works is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design and supervision fee based on the lowest quotation from Council's nominated contractor will be required to be paid prior to the commencement of any works.

 

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

 

58.     The driveway opening at the Wolseley Road frontage must be a minimum 3.50 metres wide and located at least 0.90 metre clear of the side property.

 

59.     The internal driveway is to be constructed to gradients shown on Plan No 2.01 Amn C Section BB by X.PACE dated 8.10.10.

 

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

 

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

 

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

 

62.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $644.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

 

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

 

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

                                         

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

 

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

 

66.     Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant must liaise with Energy Australia prior to lodging the construction certificate to determine whether or not an electricity substation is required for the development.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

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

 

70.     All site stormwater must be discharged (by gravity) to the kerb and gutter at the front of the property

 

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

 

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

 

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

 

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

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

 

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

 

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

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

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

 

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

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

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

·      A sign adjacent to the pit stating:

 

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

 

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

 

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

 

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

 

Notes:-

 

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

 

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

 

75.     Any seepage water must be drained directly into an absorption pit within the site. Seepage water must not be drained from the site.

 

76.     A report must be submitted to and approved by the Certifying Authority or an accredited certifier, prior to issuing the Construction Certificate, detailing the proposed method of excavation and dewatering process.  This report is to be prepared by suitably qualified and experienced Geotechnical, Hydrological and Structural Engineers and is to include but not limited to:

·       The proposed method of shoring/piling and dewatering.

·       The zone of influence of any possible settlement.

·        The location of any proposed re-injection points in relation to the property boundaries (where re-injection equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·        Monitoring of fluctuations of the water table during dewatering/construction to be undertaken by consulting engineers to ensure that the conditions of consent and other relevant requirements are satisfied.

·        The location of all proposed monitoring equipment in relation to the property boundaries (where monitoring equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·        Details of any consultation and arrangements made with owners of any potentially affected nearby premises (ie in relation to access, monitoring and rectification of possible damage to other premises).

·        Details of groundwater quality and proposed disposal of any potentially contaminated groundwater in accordance with relevant requirements of the Department of Environment & Conservation, Council and the Protection of the Environment Operations Act 1997, in an environmentally sensitive manner.

·       The location of all pumping equipment in relation to the property boundaries.

·        The proposed method of noise attenuation for all pumping equipment, so as not to be more than 5dB (A) greater than the A – weighted L90 background sound pressure level between the hours of 7am to 10pm within any residential premises and not to be audible at all between the hours of 10pm and 7am within any residential dwelling.

·        Confirmation that the proposed methods of dewatering and excavation are appropriate and in accordance with ‘best practice’ principles and should not result in any unacceptable levels of settlement or damage of the adjoining or nearby buildings within the zone of influence.

 

The dewatering process must be monitored by the consulting Engineer/s to the satisfaction of the principal certifying authority and documentary evidence of compliance with the relevant conditions of consent and dewatering requirements must be provided to the principal certifying authority and the Council.

 

The site conditions and fluctuations in the water table are to be reviewed by the consulting Engineer prior to and during the excavation/construction process, to ensure the suitability of the excavation and dewatering process and compliance with Council's conditions of consent.

 

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

 

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

 

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

 

79.     The garbage room area will have to be designed so as to be able to contain a minimum of 6 x 240 litre bins (3 garbage bins & 3 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

80.     The waste storage areas shall be clearly signposted.

 

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

 

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

 

82.     Landscaping at the site shall be installed substantially in accordance with the Landscape Plan by 360, drawing number LP-DA01-02, sheets 1-2, dated November 2008; however, the following changes are to be shown on an amended plan, which must be submitted to, and be approved by, the PCA, prior to the commencement of any site works:

 

a.       Either deletion of the Pandanus utilis (Screw Pine) proposed for planting beyond the front (eastern) site boundary, within the narrow strip of garden, as despite being a desirable landscape specimen, will encroach significantly over the adjoining public footpath, and will impede access and require ongoing maintenance; or; it shall be relocated to within the site so as to create a feature of one specimen on each side of the proposed entranceway. All plantings in this area must be mindful of this fact.

b.       To ensure more reasonable levels of screening and privacy are provided for future occupants, as well as to ensure the amenity of the adjoining public reserve (21-31R Neptune Street) is maintained, more substantial plantings than the 300m high groundcover which is being proposed along the northern boundary, in the northeast corner of the site shall be provided, with a species which will attain a height at maturity of at least the same as the boundary fencing to be used in this area.

NOTE: A feature tree would be the ideal solution to address this issue; however, this will not be possible due to the presence of upper floor balconies in this area.

c.       Additional notation showing soil and mulch details, irrigation details, edging, paving, fencing details, surface finishes, retaining wall details, and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

d.       Sectional elevations through the site showing the existing and proposed groundlines, building elevations, and mature height of proposed planting.

e.       All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm. Planter box details shall be submitted with the detailed landscape plans.

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

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

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

 

83.     The PCA must ensure that the landscaping is fully installed in accordance with the approved documentation, prior to the issue of a Final Occupation Certificate, with suitable strategies to be put in place by the future Body Corporate, owners Corporation or similar, to ensure it is maintained in a healthy and vigorous state until maturity.

 

84.     The nature-strip upon Council's footway shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

85.     Any substation required shall be screened from view, with the proposed location, elevation and screening method to be shown.

 

Street Tree Management

 

86.     The applicant shall submit a total payment of $107.25 (including GST), being to cover the cost for Council to supply and install 1 x 25 litre Banksia integrifolia (Coastal Banksia), on Council’s Wolseley Street nature strip, to the south of the proposed vehicle crossing at the completion of all works.

 

The contribution shall be paid into Tree Amenity Income account no 4001.768401 at the Cashier on the Ground Floor of the Administrative Centre prior to a construction certificate being issued for the development.

 

The applicant will be required to contact Council’s Landscape Development Officer on 9399-0613, giving at least two working weeks notice, to arrange for removal of the existing street tree/provision of a replacement street tree upon completion.

 

Removal of trees within site

 

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

 

a)       One Howea fosteriana (Kentia Palm) in the front yard, between the southwest corner of the existing dwelling and garage, in order to accommodate the proposed works as shown;

 

b)       The group of trees in the rear yard, surrounding the southwest corner of the existing dwelling, being one Cupressocyparis leylandii (Leylands Cypress), right on the southern site boundary, and then to its north, three Syagrus romanzoffianum (Cocos Palms), and further to the west again, near the southwest corner of the site, one Lagunaria patersonii (Norfolk Island Hibiscus), due to all being recognised as undesirable species in the Randwick LGA.

 

ADVISORY MATTERS:

 

A1.     The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

In this regard, the development consent plans do not show compliance with the deemed-to-satisfy provisions of the BCA, including:

 

a)     Part B1                  -       Structural provisions

b)     Part C1                 -       Fire resistance and stability

c)     Part C3                 -       Protection of openings

d)     Clause C3.2&C3.4    -       Protection of openings in external walls

e)     Part E1                  -       Fire fighting equipment

f)      Part E2                  -       Smoke Hazard Management

g)     Part E3                  -       Lift Installations

h)     Part E4                  -       Emergency lighting, exit signs & warning systems

i)      Part F1                  -       Damp and weatherproofing

k)     Part F4                  -       Light and ventilation

l)      Part F5                  -       Sound Transmission and Insulation

m)     Section J               -       Energy efficiency

 

Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

The applicant/developer is advised to ensure that the development is not inconsistent with Council's consent and if necessary consult with Council’s Building Certification Services or your accredited certifier (as applicable) prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

A2.     The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act.  In this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

The applicant/owner is requested to give consideration to providing access and facilities for people with disabilities in accordance with Australian Standard 1428 Parts 1, 2, 3 and 4 - Design for Access and Mobility, which may be necessary to satisfy the objectives of the Disability Discrimination Act 1992.

 

A3.     The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

 

Attachment/s:

 

Nil

 


Planning Committee                                                                                                8 March 2011

 

 

Development Application Report No. D15/11

 

 

Subject:                  21 Govett Street, Randwick

Folder No:                   DA/591/2010

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to existing dwelling

Ward:                      North Ward

Applicant:                Archman Design Services

Owner:                         S Demarchi & S Pismiris

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 

 

 

1.    Executive Summary

The application is referred to the Planning Committee for consideration at the request of Councillors Woodsmith, Belleli and Notley-Smith.

 

The dwelling at No. 21 Govett Street is part of group of terraces that are structurally dependent on each other and as such the proposed development is defined as multi-unit housing under Council RLEP 1998. As the site is zoned 2A and multi-unit housing is prohibited, the proposal must be assessed against the existing use rights provisions of the E.P & A Act, 1979.

 

The application details alterations and additions, including the installation of a swimming pool to the dwelling and new garage to the rear of the property which is within a Heritage Conservation Area. The applicant has amended the proposal by reducing the height of the ground floor additions situated on the boundary and deleting a boundary wall to the rear patio.

 

The main issues are the impact of the proposed development upon the amenity of the adjoining properties and the significance of the heritage conservation area.

 

The application is recommended for approval.

 

2.    The Proposal

The application details alterations and additions to the existing dwelling to provide for an enlarged ground floor containing a renovated bathroom and kitchen, dining and living area leading to an open patio, a new upper level containing a bedroom, bathroom and walk in robe, and in ground swimming pool and garage with access from rear lane. The proposal will provide for a total of 141m of floor area.

 

3.    The Subject Site and Surrounding Area

The locality is residential and contains a mixture of terrace style dwellings, semi detached and free standing dwellings that are situated within the North Randwick Heritage Conservation area.

 

The subject site is on the northern side of Govett Street and has a site frontage of 4.695m, a depth of 45.67m and a site area of 214m. On site at present there is an existing single storey terrace style dwelling.

 

4.    Community Consultation

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

 

Objections

Author and objection

Comment

ABC Planning on behalf of 19 Govett Street Randwick

·    Inadequate and incorrect survey information relating to location of windows to 19 Govett St

 

·    The shadow diagrams included do not accurately depict windows in their dwelling and do not take into account the existing shadows caused by fencing, the difference in the site levels and elevational shadow diagrams are not provided.

 

 

 

 

The site conditions have been verified the assessment officer at the time of the site inspection

 

The shadow impacts have been assessed by Council independently of the diagrams submitted by the applicant. The proposal will cast additional shadow upon the rear of the adjoining property during the morning and early afternoon period, however the minimum solar access of 3 hours as detailed in the DCP for dwellings is complied with.

·      there are concerns that there will be overlooking into their dwelling because of the difference in levels between the two properties.

 

 

 

 

·      the proposed floor space ratios and landscaping controls do not comply with the controls.

 

·    the proposed rear building line protrudes well beyond the predominant ground and first floor building alignments, which will result in multiple adverse impacts that include overshadowing, visual outlook and bulk.

 

·    the height of the proposal is excessive and will be obtrusive to the outlook and solar access of the adjoining property.

 

·    the close proximity of the rear patio and swimming pool will result in their use impacting upon the privacy of the adjoining properties.

 

 

 

 

 

 

 

 

·      the proposal will be unsympathetic to the heritage conservation area, particularly in relation to height.

 

 

19 Govett Street Randwick

·    the proposed setback is not consistent with the adjoining properties, which in combination with the rear patio and privacy screen will create overshadowing to their property.

 

 

 

·    the proposal does not meet side setback requirements in that the structure will be built up to the side boundary.

 

 

 

 

 

 

 

 

·    the proposed floor space ratio exceeds the Council requirements; and

 

 

 

 

 

 

 

 

 

·    the proposed landscaped area is too small.

 

 

·    The swimming pool is sited up to the boundary and should be at least 900mm from the side boundary.

 

 

 

 

 

 

 

 

 

15 Govett Street Randwick

·    the proposal is not sympathetic with the heritage conservation area, and the upper level will be visible from the street.

 

 

 

·    consideration should be given to privacy screens being installed to the first floor level.

 

 

 

 

 

 

·    the rear patio is enclosed and could be an additional room and is also in excess of the length of the adjoining properties.

 

·    the height of the proposal does not take into account overshadowing that would occur to the adjoining properties, because of the differing site levels.

 

·    there is a common drainage between the subject and adjoining properties which have not been addressed in the application and full consideration should be given to the drainage from the site including from the patio and swimming pool.

 

·    the development may have a greater impact on neighbouring properties because of the lack of side passages between the dwellings, and any development to this dwelling must be considered in conjunction with future development on the adjoining properties.

 

17 Govett Street Randwick

·    the proposed additions are beyond the predominant building line which will cause impact to adjoining neighbours and set a precedent for other developments to follow.

 

 

·    the proposal will result in overshadowing to the adjoining properties because of the inadequate rear boundary setabcks

 

 

 

 

 

 

·    the proposal does not comply with the landscaping requirements.

 

 

 

 

 

 

 

 

·    the proposal is lacking in quality and detail, is an over development and inappropriate in a heritage conservation area

 

 

 

 

 

 

 

 

25 Govett Street Randwick

·    the proposal continues the ground level beyond the adjoining properties, which distracts from the consistency of the dwellings in the vicinity and may set an undesirable precedent.

 

 

·    the ridge height is higher than the existing dwelling and should not be visible from the front of the dwelling.

 

 

 

 

 

 

·    demolition must be undertaken in a controlled manner given the presence of asbestos and notice should be given to all neighbours regardless of what safety measures may be imposed.

 

 

 

 

Borg Architects on behalf of the owners of 23 Govett Street Randwick

·    the application does not achieve the objectives of the 2A zone in that it does not maintain the desirable characteristics of the area, including the single storey nature of the street and does not protect the amenity of the existing residents.

 

 

·    the proposal results in overshadowing to the windows in the primary rear facing windows to the ground and first floor of the adjoining property.

 

 

 

 

·    the landscaping does not comply with the preferred solution of the DCP with no nominated alternative means of achieving the objectives of the standard.

 

 

 

 

 

·    the floor space ratio of the dwelling is considerably higher than the preferred solution of the DCP with nominated means of achieving the objectives of the standard.

 

 

 

·    the application does not have relative levels shown on the external elevations or section of the proposed ridges, and as such there are unable to assess the application in terms of compliance with the prescribed height controls.

 

·    the rear alignment of the proposal is not consistent with the general alignment of the dwellings in the vicinity which has an impact upon the natural light into the adjoining property.

There will not be any significant additional overlooking from the rear of the dwelling in comparison with the existing rear yard area, the existing fencing to the side boundary will maintain a reasonable degree of visual and acoustic privacy

 

See assessment in the Section 79C Section in relation to landscaping and floor space controls.

 

There is no established rear building line and the extension of the rear addition almost 4m past the end of the existing dwelling is not an unreasonable extension of the existing dwelling to provide for additional living area for the occupants.

 

 

The overall height of the dwelling complies with the LEP.

 

 

 

Due to the width of the allotment being only 4.415m there are limited opportunities to place a swimming pool in the rear yard of the dwelling and the position of the patio to the rear of the dwelling is not in an unusual position. In combination with the fencing to the side boundary there will not be any unreasonable impact upon privacy by either the position of the rear patio or swimming pool within the rear yard.

 

The proposal has been considered by Council’s Heritage Planner who has advised that there are no concerns in relation to any impacts upon values of the heritage conservation area.

 

There are no additional privacy control measures necessary as there are no upper level balconies proposed and the upper level windows are to the bedroom, bathroom, stairwell and wardrobe, with those to the bathroom and stairwell being of obscured glazing.

 

The sections of the ground level extensions that are proposed to be on the boundary have been reduced in height to lessen the impacts on the adjoining property. Due to the narrowness of the site the small sections of building to be located on the boundary are not unreasonable and are necessary to provide suitable living spaces to meet the contemporary needs of the occupants.

 

It is noted that the properties on this side of Govett Street have varying levels of up to 300mm in difference that result from the sites being excavated and filled to provide for level land areas. The differing levels of the sites are not significant and do not result in any unreasonable impacts upon the amenity of the adjoining properties in particular, overshadowing.

 

See assessment in the Section 79C Section in relation to landscaping and floor space controls.

 

Due to the width of the allotment being only 4.415m there are limited opportunities to place a swimming pool in the rear yard of the dwelling and the position of the patio to the rear of the dwelling is not in an unusual position. On balance in combination with the side boundary fencing there will not be any unreasonable impact upon privacy by either the position of the rear patio or swimming pool within the rear yard.

 

 

The proposal has been considered by Council’s Heritage Planner who has advised that there are no concerns in relation to any impacts upon values of the heritage conservation area.

 

 

The upper level contains windows to bedrooms, the bathroom, stairwell and walk in robe, these rooms are either secondary living areas or utility rooms and do not present any significant privacy impacts to the adjoining neighbours. There are no upper level balconies proposed.

 

The rear patio is unroofed and open and does not add to the bulk of the building.

 

 

 

The overall height of the dwelling complies with the LEP.

 

 

 

 

Conditions of consent are included with respect to stormwater drainage being to the satisfaction of the certifying authority and details provided with the Construction Certificate.

 

 

 

The proposal has been considered in the context of the adjoining development and the proposal as submitted. The nature of future development to the adjoining properties can be considered under similar criteria to the assessment of this application.

 

 

 

There is no established rear building line and the extension of the rear addition almost 4m past the end of the existing dwelling is not an unreasonable extension of the existing dwelling to provide for additional living area for the occupants.

 

The proposal has been assessed by Council independently of the diagrams submitted by the applicant. The proposal will cast additional shadow upon the rear of the adjoining property during the morning and early afternoon period, however the minimum solar access of 3 hours as detailed in the DCP for dwellings is complied with.

 

The area of landscaping provided represents 38% of the site, with 20% of the site being permeable landscaping and approximately 50m of the rear yard being available for private open space. The landscaping area provided will be suitable for the resident’s outdoor recreation and an area for stormwater and surface water infiltration.

 

The proposal has been considered by Council’s Heritage Planner who has advised that there are no concerns in relation to any impacts upon values of the heritage conservation area. Conditions of consent are included to require that the colours, materials and finishes be provided to Council for approval prior to a Construction Certificate being issued.

 

 

 

There is no established rear building line and the extension of the rear addition almost 4m past the end of the existing dwelling is not an unreasonable extension of the existing dwelling to provide for additional living area for the occupants.

 

The proposal has been considered by Council’s heritage planner who has advised that the upper level addition is generally consistent with the bulk and form of the existing upper levels to adjacent dwellings and being behind the ridgeline will not be directly visible from the street.

 

Conditions of development consent include conditions to stipulate that demolition must be carried out in accordance with Council and Workcover requirements for the removal of asbestos and the preparation of a construction  management plan for the property prior to the commencement of building works.

 

 

 

The proposed development satisfies the objectives of the 2A zone in that it maintains the residential nature of the locality, which includes a mixture of single and two storey dwellings in this and surrounding streets and will not have any unreasonable impacts upon the amenity of the adjoining residents.

 

The extent of additional overshadowing is not excessive or unreasonable in the context of the existing site constraints and orientation with the minimum solar access to the adjoining properties satisfying the DCP for Dwellings, which is used as a guide.

 

The area of landscaping provided represents 38% of the site, with 20% of the site being permeable landscaping and approximately 50m of the rear yard being available for private open space. The landscaping area provided will be suitable for the resident’s outdoor recreation and an area for stormwater and surface water infiltration.

 

The proposed floor space ratio of the dwelling will not be out of keeping with the established character of the other dwellings in the street that have been the subject of recent development approvals for alterations and additions. See additional discussion in Section 7.

 

The proposal complies with the LEP height controls.

 

 

 

 

 

There is no established rear building line and the extension of the rear addition almost 4m past the end of the existing dwelling is not an unreasonable extension of the existing dwelling to provide for additional living area for the occupants.

 

5.    Technical Officers Comments

 

The application has been considered by Council’s Development Engineer and Heritage Officer. Comments and conditions have been provided for inclusion with any development consent granted. In particular Council’s Heritage Officer has advised that the proposal will not detract from the heritage setting of the conservation area.

 

6.    Relevant Environmental Planning Instruments

 

The site is zoned Residential 2(A) under Randwick Local Environmental Plan 1998 (LEP) and is for alterations and additions to an existing terrace style dwelling, which is classified as multi unit housing and is prohibited within the 2A zone.  However, the proposal is permissible with Council's consent under the ‘existing use rights’ provisions pursuant to Part 4, Division 10 of the Environmental Planning and Assessment Act, 1979, as amended and Part 5 of the Environmental Planning and Assessment Regulation 2000. 

 

The objectives of the residential 2A zone are to provide for a low density residential environment, to maintain the desirable attributes of established residential areas and to protect the amenity of existing residents.

 

The proposed development to carryout alterations and additions to the existing dwelling satisfies these objectives of the LEP 2A zone in that the development will provide for a built form that will positively contribute to the desirable attributes of the residential area and will not result in a significant impact upon the amenity of the existing adjoining and nearby residents.

 

See additional and detailed discussion in relation to relevant clauses of the LEP and existing use rights below.

 

The premises is within the North Randwick Heritage Conservation area and therefore under the relevant clauses of LEP consideration must be given to the impact of development upon the heritage significance of the subject and adjoining buildings and the conservation area. The proposal has been considered by Council’s Heritage Planner and advice has been provided that the overall development will not detract from the heritage significance of the subject and adjoining dwellings and the conservation area.

 

7.    Environmental Assessment

 

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

Randwick Local Environmental Plan 1998

Clause 20E– Landscaped Area

The purpose of this clause is:

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

 

Merits Assessment

Approximately 38% of the site  andarea is provided as landscaping, which include a private open space of 28m soft landscaping of 20% of the site area. These areas of landscaping are sufficient to serve the amenity of the occupants and satisfy the purpose of Clause 20E of the LEP.

 

Clause 20F – Floor Space Ratio

The purpose of this clause 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’

 

Merits Assessment

The site area is 214mand the proposal has a floor space ratio of 0.69:1. Within the immediate locality and since the adoption of the current DCP for Dwellings, which was at the time used as an assessment document, there have been a number of similar alterations and additions to dwellings at numbers 18, 23, 25, 35, 43 & 47 Govett Street, with the most recent being at No.35, DA/503/2009, which has an approved floor space ratio of 0.77:1. Therefore, there are no major objections as the resultant floor area of the dwelling will not be out of keeping with the established character of the immediate locality and is consistent with the most recently approved development and will result in a dwelling of similar bulk and scale to those already the subject of development consent.

 

 

 

Clause 20G - Building heights

The purpose of this clause is:

 ‘to operate together with controls for floor space ratio and landscaped area to limit the size, scale and site coverage of a building have regard to the environmental amenity and aesthetic character of the area’

 

Merits Assessment

The alterations and additions to the dwelling will result in an external wall height of 5.9m which is not out of keeping with the other established two storey dwellings in the locality and will not detract from the character of the area. The height will not have an unreasonable environmental impact on the adjoining properties in terms of view loss, overshadowing and privacy nor will it detract from the existing character of the building and streetscape.

 

Existing use rights assessment

Section 108(3) of the EP&A Act provides that any provisions in an instrument that would derogate from the “incorporated provisions” of the Act would have no force or effect.  This effectively means that provisions (objectives, controls or standards) of an environmental planning instrument that would restrict the redevelopment of the site do not apply.  In the absence of such provisions, the Land and Environment Court has established a planning principle for urban development (Fodor Investments v Hornsby Shire Council, 2005) which establishes criteria for the assessment of proposals on land with existing use rights. They are listed below along with an assessment of the proposal against them.

 

·          How do the bulk and scale (as expressed by height, floor space ratio and setbacks) of the proposal relate to what is permissible on surrounding sites?

 

While planning controls, such as height, floor space ratio and setbacks do not apply to sites with existing use rights; they have relevance to the assessment of applications on such sites. This is because the controls apply to surrounding sites and indicate the kind of development that can be expected if and when surrounding sites are redeveloped. The relationship of new development to its existing and likely future context is a matter to be considered in all planning assessment.

 

Planners Comment

The proposed alterations and additions to the existing dwelling are not out of keeping with the established character of the locality which includes buildings of similar bulk and scale. The eastern side boundary setback of the dwelling up to the side boundary maintains the party wall and fire separation between the two dwellings and will not result in any impacts to the amenity of that adjoining dwelling. The upper level western side setback is consistent with upper levels to other dwellings in this group and to an allotment of this width it would be an unreasonable restriction to require a 1500mm setback (that would be applicable if assessed under the DCP-Dwelling Houses), in addition the setback will not restrict access to sunlight and fresh air to the adjoining dwelling. The ground level setback will not restrict access to sunlight and fresh air to the adjoining dwelling. The ground level setback up to the western boundary includes two indents to accommodate courtyards and maintains the setback of the front portion of the dwelling which provides a reasonable width to the dwelling and the inclusion of the courtyards allows for additional light and ventilation to both the subject and adjoining dwelling. Overall the ground floor setback will not to any significant degree reduce light and ventilation to the adjoining dwelling.

 

·          What is the relevance of the building in which the existing use takes place?

 

Where the change of use is proposed within an existing building, the bulk and scale of that building are likely to be deemed acceptable, even if the building is out of scale with its surroundings, because it already exists.  However, where the existing building is proposed for demolition, while its bulk is clearly an important consideration, there is no automatic entitlement to another building of the same floor space ratio, height or parking provision.

 

Planners Comment

It is proposed to add to the existing building in a manner that would be consistent with the desired future character of the area.

 

·          What are the impacts on adjoining land?

 

The impact on adjoining land should be assessed as it is assessed for all development. It is true that where, for example, a development control plan requires three hours of sunlight to be maintained in adjoining rear yards, the numerical control does not apply. However, the overshadowing impact on adjoining rear yards should be reasonable.

 

Planners Comment

It is not considered the proposed use and associated works will result in any significant adverse impacts on the amenity of the immediately surrounding properties nor will it compromise the aesthetic character and environmental qualities of the subject site and the locality, with particular reference to the significance and values of the heritage conservation area.

 

The development will not have any significant impact upon any solar collectors to adjoining premises and whilst there will be some loss of solar access to those properties during the morning and early afternoon period the remainder of the day will maintain the minimum solar access requirements of 3 hours a day.

 

·          What is the internal amenity?

 

Internal amenity must be assessed as it is assessed for all development. Again, numerical requirements for sunlight access or private open space do not apply, but these and other aspects must be judged acceptable as a matter of good planning and design. None of the legal principles discussed above suggests that development on sites with existing use rights may have lower amenity than development generally.

 

Planners Comment

The proposed development will improve the amenity of the occupants by providing for large usable living areas and adequate outdoor areas to serve the occupants need for an area of outdoor recreation within the private rear yard.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

Conclusion

 

It is recommended that the application to carryout alterations and additions to the dwelling be approved.

 

Recommendation

 

That 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/591/2010 for substantial alterations and additions to existing dwelling including new first floor, construction of plunge pool to rear of dwelling, alterations to garage and associated works (Heritage Conservation Area) at 21 Govett Street, Randwick subject to the schedule of conditions outlined in this report:

 

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 010/16A, A1 & A2, dated 14.02.11 and received by Council on the 14th February 2011, 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 adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

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

 

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

 

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

 

Options may include one or more of the following measures:

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

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

 

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

 

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

 

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

 

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

 

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

 

6.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $225,000 the following applicable monetary levy must be paid to Council: $2,250.00.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·           Stormwater management (i.e. rainwater tanks)

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

·           Landscaping provisions

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

12.     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:

 

13.     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.

 

14.     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).

 

15.     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.

 

16.     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).

 

17.     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”.

 

18.     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.

 

19.     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.

 

20.     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.

 

21.     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:

 

22.     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.

 

23.     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.

 

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.

 

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

 

32.     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.

 

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

 

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

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

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

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

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

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

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

 

34.     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:

 

35.     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.

 

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

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

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

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

 

37.     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, roadway, 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.

 

38.     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:

 

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

 

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

 

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

 

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

 

42.     Stormwater runoff from the redeveloped portion of the site shall be discharged either ;

a)       To the kerb and gutter along the site frontage in Govett Street by gravity (without the use of a charged system);

 

b)       To the existing roadway in Huddart Lane by gravity (without the use of a charged system).

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                8 March 2011

 

 

Development Application Report No. D16/11

 

 

Subject:                  39 Waverley Street, Randwick

Folder No:                   DA/947/2010

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Alterations and additions to an existing residential flat building, including construction of a new loft level, reconfiguration of room layout, installation of balconies, provision of 2 additional tandem parking spaces and associated landscape works 

Ward:                      North Ward

Applicant:                C M Hairis Architects

Owner:                         Josima Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan


1.      Executive Summary

 

The subject proposal is referred to the Planning Committee for determination as it contains variations to the landscaped area, FSR, building height and external wall height development standards by more than 10%.

 

In 2006, Council adopted a guideline entitled “Design Ideas for Rejuvenating Residential Flat Buildings”, which showcases a number of refurbishment concepts using real flat buildings in Randwick City. The guideline aims to encourage the recycling and upgrade of older residential flat building stock in the LGA. The subject proposal is for alterations and additions to an existing residential flat building, provision of a new loft level and associated works. The development scheme will retain and refurbish an existing deteriorated building and provide the necessary improvements. The proposal is consistent with Council’s policy direction.

 

The application was notified from 4 to 18 November 2010 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of 9 submissions were received at the conclusion of the public consultation process. The issues raised in the submissions are primarily related to building height, density and floor space, bulk and scale, overshadowing, privacy, traffic generation, parking and planning precedent.

 

The site is located within Zone No. 2C (Residential C Zone) under RLEP 1998 (Consolidation). The proposed development will upgrade an existing aged residential flat building and provide a new loft level. The proposal is considered to be consistent with the zoning objectives in that it will deliver multi-unit housing, which is consistent with the desired character for the locality.

 

The proposal has an FSR of 1.09:1 and exceeds the LEP development standard by 0.44:1. The overall building height and external wall height amount to 15m and 14.7m respectively. The proposal will exceed the LEP development standard for building and external wall heights by 3m and 4.7m respectively.

 

The above departure from the LEP numerical standards is primarily attributed to the fact that the existing building is 4-storey in height. The existing FSR is 0.90:1 and the proposal will increase it by 0.19:1. The existing building and external wall heights are approximately 13m and 11.5m respectively. The proposal will increase the existing building and wall heights by approximately 2m and 3.2m respectively.

 

The proposed development will provide a new loft level containing bedrooms and amenities. There is no increase to the number of dwellings. The provision of a new level will offer additional living space for the existing top floor units and is necessary to formulate an economically viable development scheme. As will be discussed within the body of this report, the extra height proposed will not cause any unreasonable overshadowing or privacy impacts.

 

The existing residential flat building was constructed in the 1960’s and has minimal aesthetic merits with no private open space for the individual units. The design scheme will significantly improve the façade articulation through various architectural elements that divide the wall planes and building mass, while providing for adequate outdoor living space for the dwellings. The top floor loft addition is appropriately setback from the external wall alignments below and incorporates a low profile skillion roof. The loft level will appear as light weight structures above a more solid masonry mass of the existing building, and will not dominate the streetscape.

 

Despite the fact that there are single- and double-storey dwellings and 3-storey walk-up flats in the locality, the objectives for Zone 2C allow for higher density developments. Given the corner location of the site and the careful configuration of the new structures, the bulk and scale of the development are considered to be satisfactory.

 

The proposal only reserves 44.7% of the site as landscaped area and does not meet the LEP development standard of 50%. At present, the existing development contains various unbuilt upon areas in the northern and eastern sections of the site. However, these areas only accommodate low quality landscaping and do not effectively function as communal open space for the residents, nor do they offer any positive visual amenity to the neighbouring dwellings. The design scheme will provide consolidated landscaped open space at the rear of the building with deep soil screen planting. The proposal will deliver a functional communal garden for passive recreation and offer privacy for the adjoining dwellings.

 

The DCP – Multi-Unit Housing specifies detailed built form, setbacks and amenity controls for residential flat buildings across Randwick City. The building height, setbacks, open space provision, façade treatment, privacy protection measures and solar access of the development comply with the objectives and performance requirements of the DCP and are considered to be satisfactory.

 

The development involves a minor shortfall in parking provision by one car space when assessed against the DCP – Parking. The proposal will provide two additional parking spaces in a tandem arrangement. Given the constraints of the existing building structures, the proposal is considered to have provided adequate on-site parking to support the intensified use.

 

The SEPP (Affordable Rental Housing) applies to the proposal as the development will reduce affordable rental dwellings in the area. Notwithstanding, a lump sum monetary contribution of $298,200 will be required via a condition of consent pursuant to Clause 51 of the SEPP. The contribution will assist the Department of Housing in providing alternate affordable dwellings in the future and mitigate the loss of affordable housing.

 

The proposal will rehabilitate and reuse an existing residential building and contribute to the sustainable utilisation of resources. The development will significantly improve the liveability and environmental performance of the existing dwelling units and upgrade the streetscape, and is consistent with Council’s development policy.

 

The proposed development meets the objectives and performance requirements of relevant State and Local planning controls. Therefore, the proposal is recommended for approval, subject to conditions.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 1 in DP 208618, No. 39 Waverley Street, Randwick. The site is located at the north-eastern corner of the Waverley Street and Sydney Street intersection. The dimensions and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern, side boundary

30.52m

414m2

Southern, Sydney Street boundary

30.53m

Eastern, side boundary

13.565m

Western, Waverley Street boundary

13.565m

 

At present, the site accommodates a 4-storey residential flat building with car parking at ground level and dwelling units above. Vehicular access is obtained from both Waverley and Sydney Streets.

 

The site is adjoined to the north by a single-storey detached dwelling (No. 37 Waverley Street). To the east of the site is a pair of semi-detached dwellings (Nos. 6 and 8 Sydney Street). To the south on the opposite side of Sydney Street are the garages and outbuildings of dwellings with frontage to Cowper Street. To the west on the opposite side of Waverley Street is a 3-storey residential flat building (No. 101-103 Wentworth Street). The locality is characterised by a mixture of detached, semi-detached and multi-unit residential developments.

 

1. Existing building on the subject site as viewed at the junction between Sydney and Waverley Streets looking north-east

2. Adjoining dwelling house at No. 37 Waverley Street

3. Adjoining semi-detached dwelling at No. 8 Sydney Street

4. Outbuildings of dwellings at 73 Sydney Street to the south of the site

 

Aerial view of the subject site and surrounding built environment

 

3.      The Proposal

 

The proposed development includes the following elements:

 

·      Construction of a loft level (fifth storey) above the existing residential flat building.

·      Internal alterations to the floor layout to create 4 x 2-bedroom units and 2 x 3-bedroom units.

·      Installation of balconies and reconfiguration of the façade articulation.

·      Provision of 2 additional car spaces in a tandem arrangement.

·      General landscape works.

 

4.      Design Ideas for Rejuvenating Residential Flat Buildings

 

The Design Ideas for Rejuvenating Residential Flat Buildings guideline, dated November 2006, showcases a number of refurbishment concepts using real flat buildings in the Randwick Local Government Area. It aims to encourage refurbishment proposals that improve:

 

·      The liveability of the units to meet current lifestyle needs;

·      The environmental performance and sustainability of the building; and

·      The appearance of buildings within the streetscape.

 

The proposed development has been designed with regard to the principles in this guideline. The proposal is consistent with the design ideas in the following manner:

 

·      Retention of the existing flat building rather than completion demolition.

·      Appropriate integration of the old and new built elements.

·      Improvements of environmental performance.

·      Creation of useable private open space.

·      Improvements of the relationship between indoor and outdoor living.

·      Provision of essential fire upgrading measures to comply with the Building Code of Australia.

 

The proposal will rehabilitate and reuse an existing residential building and will contribute to the sustainable utilisation of resources, which is consistent with Council’s development policy.

 

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

 

5.1    Proposed variations to the development standards

The proposal seeks to vary development standards contained within RLEP 1998 (Consolidation). SEPP 1 Objections have been submitted to Council.

 

5.1.1 Landscaped areas

Clause 20E(2) stipulates that a minimum of 50% of the site (being 207m2) is to be reserved as landscaped areas. The proposed landscaped areas amount to 185m2, which equates to 44.7% of the site. The proposal entails a shortfall of 22m2 or 5.3% of site area. This represents a variation to the development standard of 10.6%.

 

5.1.2 Floor space ratios

Pursuant to Clause 20F(2), the maximum floor space ratio (FSR) for buildings, other than buildings erected for the purpose of a dwelling house, within 2C Zone is 0.65:1 or 269.1m2 gross floor area (GFA). The proposal has an FSR of 1.09:1 and exceeds the development standard by 0.44:1. This represents a variation to the development standard of 67.7%.

 

The proposed variation is summarised in the table below:

 

 

Floor space ratio (FSR)

Gross floor area (GFA)

Existing building

0.90:1

371.2m2

Proposed development

1.09:1

452.6m2

Permissible FSR / GFA

0.65:1

269.1m2

FSR / GFA in excess of LEP standard

0.44:1

183.5m2

 

5.1.3 Building heights

Clause 20G(2) specifies a maximum building height of 12m in Residential 2C Zone. The proposed overall height amounts to a maximum of 15m, and exceeds the LEP standard by 3m. This represents a variation to the development standard of 25%.

 

Clause 20G(4) specifies a maximum external wall height of 10m in Residential 2C Zone. The proposed external wall height amounts to a maximum of 14.7m. This exceeds the LEP standard by 4.7m and represents a variation to the development standard of 47%.

 

5.2    Assessment against planning principle

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

 

Matter 1

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

 

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

 

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

 

The stated purpose of the floor space ratio 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 stated purpose of the building height standards as outlined in the LEP is:

 

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

 

The applicant has submitted written SEPP 1 Objections, which outline the following key justifications for the variation to the development standards:

 

Landscaped areas:

 

Compliance with Objectives

The proposed landscaping has been designed to soften the expanse of concrete driveways and the overall appearance of the building. The existing property has very little landscaping especially facing Sydney and Waverley Street.

 

The slight departure from the standards does not result in any detrimental impact to the streetscape and neighbouring buildings, in fact it enhances the existing block of 6 units built in 60’s / 70’s which at present has very little landscaping.

 

Would Strict Compliance Tend to Hinder Attainment of the Objects of the Act?

Yes, because the departure from the standard will not result in any adverse impacts and overall appearance of the building will be acceptable when viewed from the street and adjoining properties. The proposal does not result in any detrimental impact to the neighbouring properties in terms of overshadowing, view loss and privacy.

 

It is considered that the proposed landscaped area provision is satisfactory and strict compliance with the development standard is unreasonable and unnecessary for the following reasons:

 

·      The proposal includes two new tandem parking spaces to the east of the building accessible from Sydney Street, and represents an increase in the development footprint.

 

The existing development contains various unbuilt upon areas along the northern and eastern property boundaries. However, these areas only accommodate low quality landscaping and do not effectively function as communal open space for the residents, nor do they offer any positive visual amenity to the neighbouring dwellings (refer to photographs below).

 

5. Existing lawn areas near the Waverley Street frontage of the site

6. Existing lawn and side walk areas along the northern boundary of the site

 

·      The design scheme will provide a consolidated landscaped open space at the rear of the building adjacent to the eastern boundary. The above communal space will accommodate a variety of deep soil planting, including a feature Scribbly Gum (mature height 10m) adjacent to the Sydney Street alignment and a hedge of Narrow Lilly Pilly (mature height 4m). The proposal will deliver a functional communal garden for passive recreation and offer privacy for the adjoining dwelling at No. 8 Sydney Street.

 

·      A mass planting area will also be provided at the corner of Waverley and Sydney Streets to screen the existing undercroft parking spaces in the western section of the building. This area will accommodate 2 x Water Gum trees (mature height 5m) and various low shrubs. The proposal is considered to significantly improve the streetscape presentation of the development.

 

·      A formal paved pathway flanked by shrubs will be constructed adjacent to the northern boundary providing direct linkage between Waverley Street and the waste storage facility. The northern setback is presently occupied by poorly constructed concrete paths and weeds. The proposal will materially improve internal pedestrian access within the site and provide adequate landscape screening for the adjoining dwelling at No. 37 Waverley Street.

 

·      The landscape improvements will enhance a sense of ownership and territorial reinforcement of the immediate surroundings, and contribute to crime prevention and safety.

 

In conclusion, the proposal will convert the currently under-utilised space within the site into functional communal recreational areas, and will significantly improve the visual amenity of the development as viewed from the neighbouring properties and the public domain.

 

FSR:

 

Compliance with Objectives

Given the existing block of units on the site is already over the floor space ratio control and any further improvements to the building that would require additional space would result in further non-compliance with the floor space control. The strict application of the floor space development standard is considered unnecessary and unreasonable in this instance.

 

The proposed alterations and additions have been designed to rejuvenate and improve the amenity of an existing block of 6 units. The proposed design has provided articulation to the existing blank façade, improving the building’s presentation to the streetscape. The proposed loft addition has been setback from the southern side (Sydney Street) to reduce the visual scale when viewed from the street.

 

The additional floor space does not result in any detrimental impact to the neighbouring properties in terms of view loss, privacy and overshadowing.

 

The proposal is a positive contribution to the streetscape as compared to the present red brick block of units.

 

Would Strict Compliance Tend to Hinder Attainment of the Objects of the Act?

Yes, because the departure from the standard will not result in any detrimental impacts, and the height and overall appearance of the building will be acceptable when viewed from the street and will be compatible with other unit development in the street. In addition the proposed landscaping will further enhance and soften the appearance of the building to the streetscape.

 

Building heights:

 

Compliance with Objectives

The existing block of 6 units exceeds both the wall height control and overall height control, especially on the western side. The proposal has increased both the wall heights and overall height of the existing building. However, the proposed loft addition has been setback from the southern side (Sydney Street) in order to reduce the perceived bulk and scale of the proposal, as well as reducing the extent of shadows.

 

The departure from the height standards does not result in any detrimental impact to the neighbouring properties in terms of view loss, overshadowing and privacy issues.

 

The proposal has been well articulated and modulated as a result of the modification to the building which has rejuvenated the existing block of 6 units built in the 60’s / 70’s which has a poor presentation to the streetscape.

 

Would Strict Compliance Tend to Hinder Attainment of the Objects of the Act?

Yes, because the departure from the standard will not result in any adverse impacts, and the height and overall appearance of the building will be acceptable when viewed from the street and adjoining properties. The proposal does not result in any detrimental impact to the neighbouring properties in terms of overshadowing, view loss and privacy.

 

It is considered that the proposed FSR and building heights are satisfactory and strict compliance with the development standards is unreasonable and unnecessary for the following reasons:

 

·      The subject locality is characterised by a mixture of detached, semi-detached and multi-unit residential developments. The existing block of flats at the north-western corner of the intersection between Waverley and Sydney Streets (No. 101-103 Wentworth Street) has a height of 3 storeys. The existing building on the subject site is four-storey in height, being 3 residential floors above an undercroft car park. The existing structures already form the tallest element in the immediate surroundings. The proposal will create a new fifth level which is generally setback from the external wall alignments below. The development will further increase the building height.

 

However, the top floor loft addition adopts a contemporary design and is articulated with window openings and metal claddings. The addition is setback 2640mm from the southern wall alignment below and does not extend over the new balconies on the eastern and western elevations. The design scheme also incorporates a low profile skillion roof, which will minimise visual bulk and scale. The loft level will appear as light weight structures above a more solid masonry mass of the existing flat building, and will not dominate the prevailing residential character of the locality, despite the numerical increase in building height.

 

Photomontage of proposed development as viewed from Sydney Street

 

Photomontage of proposed development as viewed from Waverley Street

 

·      The existing residential flat building was constructed in the 1960’s and has minimal aesthetic merits with no private open space for the individual units.

 

The design scheme will provide steel-framed balconies on the eastern and western elevations that are appropriately setback from the shared boundaries with the adjoining dwellings. The balconies will visually soften the blank facades and provide private outdoor living space for the apartments. The existing deteriorated window frames will be fully replaced. On the Sydney Street elevation, awnings will be installed above the existing windows and feature blade walls will be constructed to define the main pedestrian entry and stairwell.

 

The proposal will significantly improve the façade articulation through various architectural elements that divide the wall planes and building mass, while providing for adequate outdoor living space for the dwellings.

 

·      Despite the fact that there are single- and double-storey dwellings and 3-storey walk-up flat buildings in the locality, the objectives for Zone 2C allow for higher density developments (as compared to Zones 2A and 2B). Given the corner location of the site and the careful configuration and articulation of the new structures, the bulk and scale of the development are considered to be satisfactory.

 

·      The proposed development will significantly improve the streetscape presentation of the existing, aged residential flat building and contribute to enhancing the urban environment. The proposal will allow orderly and economic use of the land for urban consolidation. The proposed housing density and resultant height are justified by the site’s proximity to Randwick Junction Town Centre, tertiary educational institutes, schools, regional parklands and public transport services along Cowper and Avoca Streets.

 

·      As will be discussed in the following sections, the proposal does not result in any unreasonable adverse impacts on the adjoining residential properties in terms of overshadowing or privacy, subject to the recommended conditions.

 

In conclusion, the submitted SEPP 1 Objections have addressed the consistency of the proposed development with the underlying and stated purposes of the standards, the local planning objectives for the locality and objectives of the Act. The objections have 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 objections are 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 landscaped areas, FSR and building height standards are not inconsistent with the aims of SEPP 1 as they would not detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the development works would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

 

Matter 3

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

 

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

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

 

Comments:

The proposed development and variations from the development standards do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical development standards will not allow the best economic use of the site and provision of appropriate upgrade to an existing multi-unit development in an established residential precinct.

 

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 landscaped area, FSR and building heights development standards 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 landscaped areas, FSR and building heights development standards is relevant to the subject proposal. As discussed above, the proposal is considered to satisfy the underlying purposes of the standards.  

Third

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

 

Comments:

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

 

The design scheme has incorporated appropriate façade articulations, exterior finishes and landscaping, and will significantly improve the streetscape character. The proposal will rejuvenate an existing, aged residential building and deliver material benefits for the dwelling units in terms of living amenity and environmental performance. The building structures and associated works are considered to satisfy the purposes of the development standards in question.

Fourth

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

 

Comments:

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

Fifth

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

 

Comments:

The current RLEP 1998 (Consolidation) has maintained the Residential 2C zoning for the site. The existing Residential C zoning is not considered to be inappropriate for the locality.

 

6.      Site History

 

6.1    Previous development applications relating to the site

 

DA/433/2007

Internal and external refurbishments, provision of 3 additional parking spaces, fencing, landscaping and Strata subdivision.

Approved by Council on 5 September 2007.

DA/433/2007/A

Section 96(2) modification to amend the car parking layout.

Approved by Council on 21 December 2007.

 

6.2    Plan amendments

The applicant submitted revised drawings on 31 January 2011, which include the following amendments:

 

·      Deletion of the northern returns of the east-facing balconies.

·      Widening of the tandem car spaces for Unit 6.

·      Deletion of steel frames on the southern elevation.

·      Installation of awnings above the windows on the southern elevation.

 

The amended documents also include revised shadow diagrams that show the allotment boundaries and building footprints of properties on the southern side of Sydney Street.

 

7.      Community Consultation

 

The subject application was notified from 4 to 18 November 2010 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received at the conclusion of the public consultation process:

 

·      71 Cowper Street, Randwick

·      73 Cowper Street, Randwick

·      73A Cowper Street, Randwick

·      77 Cowper Street, Randwick

·      2 Sydney Street, Randwick

·      4 Sydney Street, Randwick

·      6 Sydney Street, Randwick

·      8 Sydney Street, Randwick

·      35 Waverley Street, Randwick

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposed building height does not comply with Council’s planning controls.

 

The height and bulk of the development are not compatible with the low-rise streetscape of the locality and its heritage character.

The proposed building height and scale are considered to be satisfactory. Refer to the “SEPP 1” section of this report for details.

The proposal does not comply with Council’s FSR development standard.

 

No SEPP 1 Objection has been submitted to justify the departure from the FSR control.

The proposed FSR is considered to be satisfactory. A SEPP 1 Objection has been submitted and the justifications for variation to the LEP development standard are considered to be well founded. Refer to the “SEPP 1” section of this report for details.

The proposed development will result in unreasonable overshadowing of the adjoining and nearby properties.

The proposal will not create unreasonable shadow impacts on the adjoining and nearby properties. Refer to the “DCP” section of this report for details.

The proposed loft level and balconies would overlook the adjoining and nearby dwellings and generate excessive noise.

The proposal will not result in unreasonable privacy and noise impacts on the neighbouring dwellings. Refer to the “DCP” section of this report for details.

The proposal will reduce kerb-side parking in the surrounding streets.

The proposal has provided adequate off-street parking within the site. It is unlikely that the development would result in significant reduction of kerb side parking in the surrounding areas. Refer to the “DCP” section of this report for details.

The development will increase vehicular traffic and cause congestion and safety problems. 

Council’s Development Engineer has reviewed the application and raised no objections on traffic or safety grounds. The development only contains 6 dwelling units and will not generate a level of vehicular traffic that overwhelms the capacity of the surrounding road network.

There are concerns that the proposal would not satisfy the fire safety provisions of the Building Code of Australia.

A specific condition has been recommended to ensure adequate fire safety measures are implemented within the development. A standard condition is recommended to require compliance with the Building Code of Australia.

The proposed balconies would encourage anti-social behaviour.

There is no evidence to suggest a nexus between usage of private balconies and anti-social behaviour.

The approval of the subject application will create an undesirable planning precedent for similar developments in the future.

Each development application is assessed having regard to its merits and compliance with relevant planning controls. The approval of the subject application will not create any undesirable planning precedent.

 

8.      Technical Officers Comments

 

8.1    Development Engineer and Landscape Development Officer

The comments provided by Council’s Development Engineering Section are extracted below:

 

Parking Comments

The site currently provides 6 off street car spaces for the 6 x 2 bedroom units which would of required, under Council’s current DCP-Parking, the following:

 

6 x 2 bedroom units = 6 x 1.2      = 7.2

Visitor Spaces    = 6 x 0.25 = 1.5

 

Total required = 8.7 spaces (round up to 9)

Car spaces currently provided – 6 spaces

 

The proposed redevelopment of 4 x 2 bedroom units and 2 x 3 bedroom units would require the following.

 

 4 x 2 bedroom units = 4 x 1.2     = 4.8

 2 x 3 bedroom units = 2 x 1.5     = 3.0

 Visitor Spaces   = 6 x 0.25 = 1.5

 

Total  required = 9.3 spaces ( round down to 9)

Car spaces proposed – 8 spaces

 

Development Engineering believes that deficiency of parking by 1 space is satisfactory considering the development has reduced the deficiency from what was originally 3 spaces.

 

Landscape Comments

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

 

8.2    Building Surveyor

The comments provided by Council’s Building Surveyor are extracted below:

 

BCA Building Classification

Class 2 – Residential units

 

Description of the Building

In summary, the building incorporates:

§  Rise in storeys of 4

§  Masonry walls, tiled roof and concrete floors

§  One exit, of timber construction

§  Eight SOU’s, four on each level

§  External balconies

§  Side boundary building setbacks of up to approx. 2600mm.

 

Key Issues

 

Building Code of Australia (BCA):

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

 

Site Management:

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

 

9.      Master Planning Requirements

 

The subject site has a land area of only 414m2 and a master plan is not required.

 

10.    Relevant Environmental Planning Instruments

 

10.1  Randwick Local Environmental Plan (RLEP) 1998 (Consolidation)

The subject site is located within Zone No. 2C (Residential C Zone) under RLEP 1998 (Consolidation). The proposal is consistent with the aims of the LEP and the specific zoning objectives in that the development will deliver multi-unit housing, which is compatible with the desired character of the locality.

 

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

 

Clause

Requirement

Proposal

Compliance

20E Landscaped area

(2) Minimum 50% of site area

44.7% (185.0m2)

No, SEPP 1 Objection submitted

(3) Landscaped areas over podium or basement not to exceed 50% of required provision

All landscaped areas are provided on deep soil

Yes

20F Floor space ratio

(2) Maximum 0.65:1 for 2C zoned sites with less than 700m2 land area

1.09:1 (452.6m2)

No, SEPP 1 Objection submitted

20G Building heights

(2) Maximum building height 12m

15m

No, SEPP 1 Objection submitted

(4) Maximum external wall height 10m

14.7m

No, SEPP 1 Objection submitted

 

Clause 43 Heritage conservation

The Gordon Square Conservation Area is located to the north and east of the site.

 

The proposal aims to refurbish an existing, aged block of flats with additional living space. The design scheme will significantly improve the façade articulation and create visual interest. The new loft addition has incorporated appropriate setbacks and a low profile skillion roof, and will not form a prominent feature that detracts from the streetscape character.  In addition, adequate landscape planting will be provided at the corner of Waverley and Sydney Streets, which will screen the undercroft parking areas and enhance visual amenity to the public domain.

 

The development adopts a palette of neutral earth colours for the facades and is generally compatible with the surrounding residential buildings. A special condition is recommended to require the main walls to be painted in white or off-white colours to differentiate them from the feature walls, and to enhance perception of the three-dimensional form of the building.

 

The proposal will significantly improve the streetscape character and is not considered to generate detrimental impacts on the heritage significance of the Gordon Square Conservation Area.

 

10.2  State Environmental Planning Policy (SEPP) No. 65 Design Quality of Residential Flat Development

SEPP No. 65 applies to the subject proposal and the application was referred to the Design Review Panel (DRP) for comments. The Design Quality Principles prescribed in the SEPP and the comments provided by the Panel are addressed as follows:

 

Principle 1 Context

The subject site is zoned Residential 2C, which allows for a range of medium density residential developments. The proposal is considered to be suitable to the surrounding built environment. No objections were raised by the DRP in this regard.

 

Principle 2 Scale

The design scheme has followed the DRP’s recommendation of having a new, modern loft level, in lieu of an attic addition. The proposed loft level has incorporated suitable setbacks and the overall height and scale of the development are considered to be satisfactory.

 

Principle 3 Built form

The DRP has requested design details relating to the balcony balustrades and screening devices to be submitted for assessment. Detailed 1:20 sections have been prepared which clearly demonstrate the configuration and construction of balcony balustrades and louvre screens.

 

The DRP has raised concerns relating to potential privacy impacts of the balcony returns on the northern elevation. The revised development scheme has deleted the northern returns of the eastern balconies. Further discussions relating to potential privacy impacts of the balconies are provided under the “DCP” section of this report.

 

The DRP has requested the deletion of the steel frame on the southern elevation. The design has since been amended accordingly. The revised design has included awnings above the windows to provide façade articulation and a degree of weather protection.

 

 

Principle 4 Density

 

The proposed density and floor space are considered to be satisfactory.

 

Principle 5 Resource, energy and water efficiency

All of the dwelling units will enjoy adequate cross-ventilation.

 

All bathroom areas will be naturally ventilated.

 

The revised design has included windows to provide natural lighting to the stairwells at the loft level.

 

The proposal will achieve compliance with the requirements of SEPP: BASIX.

 

Principle 6 Landscape

A detailed landscape plan has been submitted to describe the range of landscape upgrade works proposed.

 

Adequate feature trees and low shrubs are proposed at the corner of Waverley and Sydney Streets as well as the eastern extremity of the site. The proposed landscaping will screen the undercroft parking areas and improve the streetscape presentation of the development.

 

Principle 7 Amenity

Satisfactory.

 

Principle 8 Safety and security

The refurbishment and upgrade to the building will improve a sense of territorial ownership and contribute to the safety and security of the surrounding areas.

 

The proposal has included security gates and planter beds that clearly identify the boundaries of the property, and will improve access control to the site.

 

Principle 9 Social dimensions

The development scheme includes 4 x 2-bedroom dwellings and 2 x 3-bedroom dwellings. The proposed dwelling mix is suitable to different household types and is considered to be satisfactory.

 

Principle 10 Aesthetics

Satisfactory.

 

10.3  State Environmental Planning Policy (SEPP) (Building Sustainability Index: BASIX) 2004

SEPP: BASIX applies to the proposed development. The development application is accompanied with a BASIX Certificate for each of the dwelling units. The commitments listed on the BASIX Certificates will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

10.4  State Environmental Planning Policy (SEPP) (Affordable Rental Housing) 2009

(i) Low-rental residential building

The existing residential flat building has not been Strata subdivided and is under one title. The building presently contains 6 x 2-bedroom rental units.

 

Clause 47 defines a low-rental dwelling as “a dwelling that (at any time in the 24 month period prior to the lodgement of a development application to which this Part applies) was let at a rental not exceeding the median rental level for that time (as specified in the Rent and Sales Report) in relation to a dwelling of the same type, having the same number of bedrooms and located in the same local government area”.

 

A comparison of the weekly rental charged for the existing dwelling units and the median rental for 2-bedroom flats within the Randwick LGA is provided below:

 

 

Median rental for 2-bedroom units in Randwick LGA (Rent and Sales Report)

Rental charged

March Quarter 2009

$450

Unit 1: $360

Unit 2: $340

Unit 3: N/A

Unit 4: $360

Unit 5: N/A

Unit 6: $350

June Quarter 2009

$450

Unit 1: $360

Unit 2: $340

Unit 3: N/A

Unit 4: $360

Unit 5: N/A

Unit 6: $350

September Quarter 2009

$450

Unit 1: $360

Unit 2: $340

Unit 3: N/A

Unit 4: $360

Unit 5: N/A

Unit 6: $350

December Quarter 2009

$470

Unit 1: $360

Unit 2: $340

Unit 3: N/A

Unit 4: $360

Unit 5: N/A

Unit 6: $350

March Quarter 2010

$480

Unit 1: $360

Unit 2: $340

Unit 3: $400

Unit 4: $360

Unit 5: N/A

Unit 6: $350

June Quarter 2010

$490

Unit 1: $360

Unit 2: $340

Unit 3: $400

Unit 4: $360

Unit 5: $420

Unit 6: $350

September Quarter 2010

$493

Unit 1: $360 / $400

Unit 2: $390

Unit 3: $400

Unit 4: $360

Unit 5: $420

Unit 6: $350 / $425

December Quarter 2010

$500

Unit 1: $400

Unit 2: $390

Unit 3: $400

Unit 4: $360

Unit 5: $420

Unit 6: $425

Note: The above information is based on a Statutory Declaration given by the current property owner. Some of the earlier rental data are not given as the current owner took over ownership in June 2010.

 

Based on the above, it is established that all of the 6 x 2-bedroom units are low-rental dwellings as defined in the SEPP. The existing development is therefore a low-rental residential building. The proposed development will result in the loss of these low-rental dwellings.  

 

(ii) Matters for consideration

In determining a development application for alterations and additions (as well as Strata subdivision where applicable) of a low-rental residential building, Council is to take into account the guidelines stated under Clause 50(2), which are addressed as follows:

 

(a)    Whether there is likely to be a reduction in affordable housing on the land to which the application relates.

 

Comments:

The lower rentals of the existing dwelling units are a result of the age and relative poor condition of the building, and should not be construed as a true reflection of the real market rental values that would normally be expected for the Randwick areas.

 

The loss of 6 dwellings is not considered to result in a major reduction in the availability of low cost accommodation in the Randwick locality as a whole.

 

(b)    Whether there is available sufficient comparable accommodation to satisfy the demand for such accommodation.

 

Comments:

Based on the data given in the Rental and Sales Reports (Department of Housing), it is observed that the rental prices in the Randwick LGA have steadily increased over the past 2 years.

 

The above phenomenon can be partly attributed to a perceivable overall increase in demand for housing in the Sydney metropolitan area. Whilst the proposal will entail the loss of low cost rental accommodation, the degree of the impact is considered to be minor given the relatively small number of dwelling units involved. As will be discussed in the following paragraphs, the provision of a monetary contribution will assist in the delivery of alternate affordable housing by the State Government.  

 

(c)    Whether the development is likely to cause adverse social and economic effects on the general community.

 

Comments:

The loss of 6 low-cost rental dwellings is not considered to result in an overwhelming social or economic impact on the Randwick locality.

 

(d)    Whether adequate arrangements have been made to assist the residents (if any) of the building likely to be displaced to find alternative comparable accommodation.

 

Comments:

No assistance to the existing residents is proposed. However, the imposition of a condition requiring monetary contribution (under Clause 51 of the SEPP) would assist the NSW Department of Housing in providing alternate low cost rental accommodation to the community in future.

 

(e)    The extent to which the development contributes to any cumulative loss of affordable housing in the local government area.

 

Comments:

It is considered that the loss of 6 dwellings as low cost rental accommodation (as defined in the SEPP) will not create a significant cumulative impact upon the Randwick Local Government Area as a whole.

 

(f)    The structural soundness of the building, the extent to which the building complies with any relevant fire safety requirements and the estimated cost of carrying out work necessary to ensure the structural soundness of the building and the compliance of the building with the fire safety requirements.

 

Comments:

The existing building has deteriorated with age and requires significant fire safety upgrade and refurbishment to meet the current BCA standards. Given the significant cost of essential works required to provide a satisfactory level of safety and amenity for residents, it would not be economically feasible to retain the current low rental returns on the dwelling units.

 

(g)    Whether the imposition of a condition requiring the payment of a monetary contribution for the purposes of affordable housing would adequately mitigate the reduction of affordable housing resulting from the development.

 

Comments:

The imposition of a condition requiring monetary contribution (under Clause 51 of the SEPP) would assist the NSW Department of Housing in providing alternate low cost rental accommodation to the community.

 

(h)    In the case of a boarding house, the financial viability of the continued use of the boarding house.

 

Comments:

Not applicable.

 

(iii) Monetary contribution calculations

Pursuant to Clause 51 of the SEPP, the following monetary contribution is payable to Council:

 

C = L x R x 0.05

 

Where:

C =   contribution payable

L =   total number of bedrooms in a low rental dwelling and boarding rooms that will be lost by the proposed development

R =   replacement cost calculated as the average value of the first quartile of sales of strata properties in the local government area in which the development is to take place, as specified in the 4 most recent editions of the Rent and Sales Report

 

Calculations:

 

Number of bedrooms lost L

6 units x 2 bedrooms each = 12

 

Replacement cost R

 

Sales price (1st quartile): Strata – Sep Quarter 2010 - Randwick

$500,000

Sales price (1st quartile): Strata – Jun Quarter 2010 - Randwick

$498,000

Sales price (1st quartile): Strata – Mar Quarter 2010 - Randwick

$506,000

Sales price (1st quartile): Strata – Dec Quarter 2009 - Randwick

$484,000

Replacement cost R

$497,000

 

Contribution payable C

12 X 497,000 X 0.05 = $298,200

 

The above contribution will be required by a special condition of consent.

 

11.    Policy Controls

 

11.1  Randwick Development Control Plan (RDCP) Multi Unit Housing

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

A detailed site analysis has been submitted with the development application.

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

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

The subject site is rectangular in configuration and is located at the corner of Sydney and Waverley Streets. The allotment has frontage widths of 13.565m to Waverley Street and 30.53m to Sydney Street . Satisfactory.

P3 Development on corner sites responds to both street frontages.

 

The building is suitably articulated and addresses both street frontages.

Height

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

 

A SEPP 1 Objection has been submitted for non-compliance with the building and external wall heights standards stated in the LEP. The Objection has been assessed and is considered to be well founded. Refer to the “SEPP 1” section of this report for details.

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

 

The building bulk is suitably distributed over an architectural form that creates visual interest in terms of articulation and façade treatment. The proposal is considered to have minimised streetscape and amenity impacts.

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

Waverley Street

Balconies: 2135mm

Walls: 4635mm (as existing)

Loft: 5175mm

 

The front setbacks to the proposed balconies are consistent with the wall alignment of the adjoining dwelling at No. 37 Waverley Street. The loft level is setback 500mm behind the existing wall alignment and will not detract from the existing setback pattern. 

 

Sydney Street

Walls:

2855mm (as existing)

Blade walls to stairwell:

Approx. 1600mm

Loft:

5495mm

 

There are no changes to the setback distances to the external walls on the Sydney Street elevation. The proposed blade walls to the stairwell will provide articulation to the façade and will not result in detrimental streetscape impacts. The southern walls of the loft are setback generously from the external wall alignment below and will not detract from the streetscape pattern.

P2  Side boundary setbacks

Side setbacks to ensure:

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

 

S2  Zone 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

Northern boundary

External walls:

2660mm (as existing)

Balconies:

1860mm

Loft:

2660mm to 3595mm

Eastern boundary

External walls:

8035mm (as existing)

Balconies:

5175mm

Loft:

8535mm

 

 

Comments:

The proposal is constrained by the layout of the existing building.

 

Northern setback:

The northern balcony returns have a narrow width and incorporate louvre screens to minimise overlooking. A special condition is recommended to extend the length of the screens to enhance privacy protection for the neighbouring dwelling at No. 37 Waverley Street.

 

The balcony and loft additions will not cast any shadows on the adjoining properties to the north.

 

The design is considered to have provided adequate spatial separation between the proposed balcony and loft additions and the adjoining dwelling at No. 37 Waverley Street, and will not detrimentally affect natural ventilation of the neighbour.

 

Eastern setback:

The eastern balconies are setback 5.175m from the shared boundary and comply with the preferred solution.

P3  Rear Boundary Setbacks

Ensure that:

§ Solar access and overshadowing are minimised.

§ Privacy between neighbouring dwellings and their open spaces provided.

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

§ Building built across site.

S3  Zone 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

Maximum length of wall without articulation 10 metres.

Corner allotment, not applicable.

P4  General

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

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

Satisfactory.

Density

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

 

The proposed density and FSR are considered to be satisfactory. Refer to the “SEPP 1” section of this report for details.

Fences

P1  Fences to be/have:       

§ consistent with streetscape;

§ Entrances highlighted; and

§ Planting used to soften and provide privacy.

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

 

The proposal utilises planter boxes and security gates to define the front property boundaries. The above features will not create a ‘blank-wall’ effect to the street frontages.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1 Minimum for landscaped area 2 metres.

Satisfactory.

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

 

A landscaped communal courtyard is provided in the eastern, rear section of the site.

P3  Private Open Space

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

 

The proposal has included private balconies for each of the dwelling units, which are directly accessible from the main living areas.

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

 

The balconies fronting Waverley Street incorporate louvre screens on the side elevations and will provide privacy for the occupants.

P6  Flats and apartments

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

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

Western balconies

6210mm x 2500mm, over 15m2 useable areas

Eastern balconies

2860mm x 5410mm, over 15m2 useable areas

Satisfactory

Privacy

P1  Visual Privacy

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

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

Refer to comments below.

P2 Private open space design and location ensure privacy.

 

The communal courtyard has incorporated adequate screen planting along the common boundaries and will not result in unreasonable privacy impacts on the neighbours. 

P3  Acoustic Privacy

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

 

Refer to comments below.

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

A standard condition is recommended to require compliance with the Building Code of Australia.

View Sharing

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

 

Satisfactory.

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

 

The proposal will not obstruct any known view corridors from the adjoining and nearby properties.

P3 Buildings are aligned to maximise view corridors between buildings.

 

The proposed works will not obstruct any known view corridors within the public domain. 

 

 

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

Refer to comments below.

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

 

The proposed development will not overshadow the roofs of the main dwellings at 71 to 77 Cowper Street. Satisfactory.

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

 

Refer to comments below.

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

 

Refer to comments below.

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

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

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

Refer to “SEPP: BASIX”.

P5 Buildings have roofs with pitch suitable for solar collectors.

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

The proposed roof design will not preclude the installation of solar collectors in the future.

Safety and Security

P1 Design allows surveillance.

 

Satisfactory.

P2 Approaches and entries are visible.

 

The main pedestrian entry to the building is clearly identifiable from Sydney Street.

 

The secondary entry path off Waverley Street is secured by a gate.

 

It is considered that appropriate access control has been provided for the development.

P3 High walls and structures avoided.

 

Satisfactory.

 

P4 Resident car parking has security grilles or doors.

 

The installation of security grilles is not appropriate due to the constrained dimensions of the car spaces.

P5 Visitor parking spaces clearly identifiable.

 

To be required by condition.

P6 Adequate lighting for personal safety and security provided.

 

To be required by condition.

P7 Adequate lighting is provided in common areas.

 

To be required by condition.

P8 External lighting does create a nuisance.

 

To be required by condition.

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

Refer to the “Parking DCP” section for detailed comments.

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

 

Soft landscaping has been provided to screen the undercroft parking areas. The proposal will significantly improve the visual presentation of the development to the public domain.

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

 

Not applicable.

P3 Secure storage for bicycles is provided.

 

To be required by condition.

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

Satisfactory.

P2 Vehicles enter/ leave in a forward direction.

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

Due to the existing site constraints, this is not achievable. However, given the relative small number of car spaces involved, the proposed access arrangement is considered to be acceptable. A specific condition is recommended to ensure the planter beds will not obstruct sightlines of pedestrians and drivers.

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

S3 Long driveways provide passing bays.

Soft landscaping has been provided to minimise the visual impacts of the parking facilities.

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

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

The proposed driveways have adequate widths and are appropriately setback from the common boundaries.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

The extent of concrete driveway is considered to have minimised given the existing site constraints and the scope of the proposal.

P6 Driveway gradients safe.

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

Satisfactory.

Storage

P1 Accessible and separate storage for each dwelling.

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

 

 

 

 

 

Due to the existing site constraints, it is not possible to provide storage units within the car parking areas. However, the proposed dwelling units have adequate dimensions to accommodate storage facilities.

 

 

Barrier-Free Access

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

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

A standard condition is recommended to require compliance with the BCA. 

P2  Dwelling requirements:

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 so on…

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

 

Not applicable.

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

 

Not applicable.

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

 

Not applicable.

Utilities/Site Facilities

P1 Mailboxes provided in accordance with Australia Post.

 

To be required by conditions.

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

 

To be required by conditions.

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

 

To be required by conditions.

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

 

To be required by conditions.

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

 

To be required by conditions.

P6 Telephone lines provided in accordance with the service provider.

 

To be required by conditions.

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

 

The existing building does not provide any internal laundry for the dwelling units. Due to constraints of the existing structures and unit sizes, it is not possible to provide internal laundries for Units 1, 2, 3 and 4. The existing communal laundry at ground floor will be retained.

 

Internal laundries will be provided for the top floor units (Units 5 and 6) at the loft level.

Waste Minimisation and Management

P1 Waste collection and separation facilities for each dwelling.

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

Satisfactory.

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

 

Satisfactory.

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

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

Satisfactory.


 

Heritage Conservation Areas and Heritage Items

P1  Design and construction of development:

§ Compliments architectural character of adjacent items or the conservation area;

§ Does not detract or overwhelm the conservation area in scale and proportions;

§ Retains the identified significance of the item or area;

§ Pays attention to the nature of design in terms of massing, style, roof pitch, window design and proportion, and external materials; and

§ Compliments but does not mimic features of a heritage item.

 

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

P2 Respects nearby heritage buildings.

 

P3 The design is in accordance with heritage advice.

 

P4  New development:

§ Maintains a curtilage between heritage buildings and new buildings;

§ Is massed to provide transition in scale between old and new; and

§ Retains sightlines from public areas to the heritage item.

 

 

11.1.1        Privacy

The relevant performance requirements relating to privacy are extracted below:

 

P1  Visual Privacy

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

P3  Acoustic Privacy

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

 

Western (Waverley Street) balconies

The western balconies are oriented towards Waverley Street with 800mm deep northern returns that extend for a distance of approximately 4200mm. The balconies are attached to the main living areas, and have implications on the privacy of the adjoining dwelling at No. 37 Waverley Street.

 

The detached dwelling at No. 37 Waverley Street is presently single-storey in height. Although it is unlikely to be redeveloped into a residential flat building given the limited land size, the planning controls allow for a second storey addition. The balconies in question are capable of obliquely overlooking the existing and potential south-facing windows of No. 37.

 

The design scheme includes 1200mm wide louvre screens at the north-eastern corners of the balconies. A special condition is recommended to extend these screens to a minimum of 2000mm to improve privacy protection for the northern neighbour. Given that the northern balcony returns have a limited depth and are primarily designed to accommodate potted plants and the like, it is not considered necessary to require screens for the full length of the returns.

 

A special condition is recommended to require the balustrades (of the northern balcony returns) to be constructed with obscured glazing, to further minimise opportunities for overlooking.

 

Eastern balconies

The eastern balconies are capable of overlooking the western windows and courtyard of the semi-detached dwelling at No. 8 Sydney Street.

 

The design scheme has included louvre screens on the side elevations of the balconies, which return to the eastern elevation. The above features will effectively restrict cross viewing to the private courtyard of No. 8 Sydney Street.

 

Whilst it is still possible to overlook some of the western windows of No. 8, the landscape plan has included a hedge of Narrow Lilly Pilly, which would achieve a mature height of 4m.

 

A special condition is recommended to require the balustrades to be constructed with obscured glazing, to further minimise overlooking from seated persons within the balconies.

 

The balconies in question are also setback over 5m from the common boundary. There is a carport within No. 8 Sydney Street that abuts the shared boundary. It is considered that the degree of spatial separation, in conjunction with the proposed landscaping, will minimise visual and acoustic privacy impacts on the neighbouring dwelling.

 

Loft

The proposed loft level contains bedrooms and amenities for Units 5 and 6. Terraces are located on both the northern and southern elevations. The terraces are configured to enable passive recreation activities and are attached to low intensity use space within the dwellings.

 

The southern terraces are bounded by planter boxes and pebbled roofs, which will effectively minimise overlooking into the dwellings on the opposite side of Sydney Street.

 

The northern terraces have a depth of only 935mm will generally overlook the roof of No. 37 Waverley Street.

 

Based on the above, it is considered that the loft addition will not create unacceptable privacy impacts on the adjoining and nearby properties.

 


Northern windows

A special condition is recommended to require the north-facing bathroom windows to be constructed with obscured glazing, to enhance privacy protection for No. 37 Waverley Street.

 

Southern windows

The southern windows are attached to bedroom areas and will not result in unacceptable privacy impacts.

 

11.1.2        Solar access

The relevant performance requirements relating to solar access are extracted below:

 

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

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

 

The proposal is considered to have shadow implications on Nos. 71 to 77 Cowper Street and Nos. 1, 6 and 8 Sydney Street. The potential impacts are analysed as follows:

 

Garages of No. 71 Cowper Street, as viewed from Sydney Street

Outbuildings of No. 73 (mid right) and No. 73A  (mid left) Cowper Street, as viewed from Sydney Street

Outbuilding of No. 75 Cowper Street, as viewed from Sydney Street

Garages of 77 Cowper Street, as viewed from Sydney Street

 

Nos. 6 and 8 Sydney Street:

Shadows will be cast on the majority of the front yard of No. 8 Sydney Street and a small portion of the front yard of No. 6 Sydney Street at 3 pm, winter solstice. These front yards are south-facing and currently do not enjoy adequate direct sunlight. The principal private open space of these dwellings is located to the rear of the buildings. The proposed development is not considered to result in perceivable additional impacts on the front yards of the aforementioned properties.

 

No. 71 Cowper Street:

The garage roof and the entire courtyard of the dwelling at No. 71 Cowper Street will be overshadowed at 9am, winter solstice. However, the shadows will be gradually shifted away and at 12 noon, no shadows will reach this dwelling. It is considered that adequate sunlight will be available to the courtyard and north-facing living room windows of No. 71 Cowper Street in mid winter.

 

Nos. 73 and 73A Cowper Street:

There are dormer windows on the northern elevations of the outbuildings at Nos. 73 and 73A Cowper Street, which are attached to studio areas (refer to development consent No. 1024/2004, as modified).

 

The proposed development will cast shadows on the aforementioned dormer windows at 9am and 12noon, mid winter. Although the dormers will receive less than 3 hours of direct sunlight on the winter solstice, they are not principal living room windows and are only attached to studio / rumpus spaces. The northern living room windows of the main dwellings will not be impacted by the proposed development.

 

At present, more than 50% of the courtyard of No. 73 Cowper Street will be overshadowed at 9am, mid winter. According to the shadow diagrams, the proposed development will increase the shadows by only a marginal extent than the status quo (approximately 1.8m2). As is the same as the current situation, no impacts on the courtyard areas of No. 73 and No. 73A will occur at 12 noon and 3pm, winter solstice.

 

Therefore, adequate solar access to the above properties will be retained in mid winter in compliance with the DCP performance requirements.

 

No. 75 Cowper Street:

At present, the north-facing windows of the studio room (above the rear garage) at No. 75 Cowper Street are overshadowed by the existing building on site at 12 noon and 3 pm in mid winter. The proposal will increase the length of the shadows on the northern facade by a marginal extent (approximately 900mm) at 3pm in mid winter.

 

The proposed development will not significantly increase shadow impacts on the studio room windows. The studio is not the principal living room of the dwelling. There are no impacts on any north-facing living room windows of the main dwelling.

 

Therefore, it is considered that adequate sunlight will be retained for this property in mid winter in compliance with the DCP performance requirements.

 

No. 77 Cowper Street:

At 3pm, the proposed development will cast shadows on the roof of the garage at No. 77 Cowper Street. A narrow strip of the courtyard (approximately up to 1500mm in width) adjacent to the garage will also be impacted. Notwithstanding, the additional shadows will fall within those created by the garage building itself. Therefore, there will be no perceivable impact on the courtyard areas.

 

No. 1 Sydney Street:

According to the shadow diagrams, the proposal will cast additional shadows on the garage roof and a small portion of the courtyard of No. 1 Sydney Street at 3pm in mid winter.

 

It should be noted that the courtyard in question will be overshadowed by the garage building within No. 1 Sydney Street itself and there will be no perceivable additional impacts on this dwelling.

 

Based on the above, it is considered that the proposal will meet the DCP performance requirements for solar access, and will not result in unacceptable shadow impacts on the adjoining and nearby dwellings.

 

11.2  Randwick Development Control Plan (RDCP) Parking

The DCP specifies the following requirements for multi-unit housing:

 

 

Rate

Requirement

Proposal

Resident

1.2 spaces per 2-bedroom unit

4 x 1.2 = 4.8

7 spaces

1.5 spaces per 3-bedroom unit

2 x 1.5 = 3

Visitor

1 space per 4 dwellings

¼ x 6 = 1.5

1 space

Total car parking

 

9.3 or 9 spaces

8 spaces

Bicycle parking

1 space per 3 dwellings plus 1 visitor space per 10 dwellings

1/3 x 6 = 2

To be required by condition

 

Under the DCP, a total of 9 off-street parking spaces are required. The proposal only contains 8 parking spaces and entails a shortfall of 1 space. Notwithstanding, the proposed development is considered to be satisfactory for the following reasons:

 

·      The numerical shortfall of 1 car space is considered to be minor in nature, and will not result in material impacts on kerb side parking condition in the surrounding streets.

 

·      The development scheme is constrained by the existing building structures and site conditions. Additional car parking cannot be provided without reducing the amount of landscaped areas, which is considered to be undesirable.

 

·      The site is located within walking distance from public bus services along Cowper and Avoca Streets, which provide connections to the shopping strip in Randwick Junction and Sydney CBD. Given the high accessibility of the site, the provision of a lower level of on-site parking facilities is considered to be acceptable.

 

·      A special condition is recommended to require adequate bicycle storage facilities to be installed on the site to encourage sustainable mode of transport. 

 

Parking configuration

The existing parking spaces do not comply with the dimensional requirements of the current Australian Standard. Specifically, the structural columns will reduce the effective widths of the car spaces. Notwithstanding, the development is constrained by the existing structures and it is not possible to widen the parking spaces to meet the current industry standard without substantial changes to the building or complete redevelopment. Council’s Development Engineer has reviewed the application and raised no objections to the continued use of the car spaces, subject to a condition that require the planter boxes adjacent to the driveway exits to be lowered to 600mm or splayed to maintain sightlines.

 

The proposed tandem car spaces for Unit 6 have a width of 2.8m to 3.0m and will allow the opening of car doors when parked within the bays. The length of the rear tandem space is only approximately 5.2m and does not strictly comply with the Australian Standard. However, the shortfall is relatively minor in nature. A special condition is recommended to require a wheel stop to be installed to prevent damages.

 

11.3  Randwick Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200,000

$497200

 

1.0%

$4,972

 

12.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

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

Not applicable. 

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

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

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

Not applicable. 

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

The relevant clauses of the Environmental Planning and Assessment Regulation 2000 have been addressed by the recommended conditions.

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

The environmental impacts of the proposed development on the natural and built environment have been addressed within the body of this report.

 

The proposed development is consistent with the residential land uses 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 within an established residential neighbourhood. The site has sufficient area to accommodate the proposed land use and structures. Therefore, the site is considered suitable for the proposed development.

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

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

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

The proposal is not considered to result in unreasonable environmental, social or economic impacts on the locality, subject to the recommended conditions. Therefore, the development is considered to be within public interest.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Leadership in sustainability, excellence in urban design and development, integrated transport and land use.  

Direction:  Improved design and sustainability across all development, integrating transport and pedestrian links between town centres and key locations.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development complies with the objectives and performance requirements of relevant State and Local planning controls.

 

The SEPP 1 Objections lodged with respect to the non-compliance with the landscaped areas, floor space ratio and building heights standards are considered to be well founded. The development scheme will not generate unreasonable adverse impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, solar access and privacy, subject to the recommended conditions.

 

The design scheme will significantly improve the visual presentation of the existing building to the public domain. The proportions, massing, colours and materials of the loft addition are considered to be satisfactory and will not form a dominant feature in the streetscape.

 

The proposal will rehabilitate and reuse an existing residential building and contribute to the sustainable utilisation of resources. The development will significantly improve the liveability and environmental performance of the existing dwelling units and upgrade the streetscape, and is consistent with Council’s development policy.

 

Therefore, the application is recommended for approval, subject to conditions.

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20E(2), 20F(2), 20G(2) and 20G(4) of Randwick Local Environmental Plan 1998 (Consolidation), relating to landscaped areas, floor space ratio, building height and external wall height respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the adjoining premises and the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 947/2010 for alterations and additions to an existing residential flat building, including construction of a new loft level, reconfiguration of room layout, installation of balconies, provision of 2 additional tandem parking spaces and associated landscape works at 39 Waverley Street, Randwick subject to the following conditions:

 

REFERENCED PLANS:

 

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

 

Plan Number

Dated

Received

Prepared By

02b

31/01/2011

31 January 2011

C M Hairis Architects

03b

31/01/2011

04b

31/01/2011

06a

31/01/2011

10-2371 LO1

28.10.10

29 October 2010

Zenith Landscape Design

 

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

 

ENVIRONMENTAL AMENTITY:

 

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

 

2.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the submitted “External Finishes Board”, prepared by C M Hairis Architects, and stamp-received by Council on 29 October 2010, with the exception that the proposed earth colour for the main walls is to be replaced with white or off-white colour. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation to the satisfaction of the Council / Accredited Certifier.

 

3.       The proposed support column within the driveway areas (adjacent to the parking bays for Units 1 and 2) off Waverley Street shall be DELETED. Details demonstrating compliance shall be incorporated in the Construction Certificate documentation to the satisfaction of the Council / Accredited Certifier.

 

Advisory: an alternative structural design should be formulated to support the loadings of the western balconies.

 

4.       The proposed louvre screen at the north-eastern corner (that is, the northern returns) of the balconies attached to the Living / Dining areas of Units 1, 3 and 5 at first, second and third levels respectively, shall be widened to 2000mm.

 

Details demonstrating compliance shall be incorporated in the Construction Certificate drawings to the satisfaction of the Council / Accredited Certifier.

 

5.       All proposed privacy screens to the eastern and western balconies shall be permanently fixed (not sliding). In addition, the individual louvre blades of the screens shall not be operable.

 

Details demonstrating compliance shall be incorporated in the Construction Certificate drawings to the satisfaction of the Council / Accredited Certifier.

 

6.       The balustrades to the east-facing balconies at the first, second and third levels shall be constructed with translucent / obscured glazing.

 

Details demonstrating compliance shall be incorporated in the Construction Certificate drawings to the satisfaction of the Council / Accredited Certifier.

 

7.       The balustrades on the northern elevations of the west-facing balconies at the first, second and third levels shall be constructed with translucent / obscured glazing.

 

Details demonstrating compliance shall be incorporated in the Construction Certificate drawings to the satisfaction of the Council / Accredited Certifier.

 

8.       All bathroom windows on the northern elevation of the building shall be constructed with translucent / obscured glazing. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation to the satisfaction of the Council / Accredited Certifier.

 

9.       The enclosing walls for the planter beds fronting or adjacent to the Sydney Street and Waverley Street alignments shall be finished with natural stone or similar materials. The above walling shall NOT be rendered and paint-finished. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation to the satisfaction of the Council / Accredited Certifier.

 

10.     A minimum of two (2) bicycle parking spaces are to be provided within the proposed development. The design and construction of the bicycle parking facilities are to be compliant with Australian Standard 2890.3: Bicycle Parking Facilities. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation to the satisfaction of the Council / Accredited Certifier.

 

11.     A wheel stop is to be installed for the rear tandem car space for Unit 6, to prevent damage to vehicles and the garden walls.

 

12.     All car parking spaces are to be line-marked. 

 

13.     Fences located on the side or rear boundaries of the site shall not exceed a maximum height of 1800mm, measured above the existing ground levels.

 

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

 

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

 

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

         

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

 

15.     The reflectivity index of glazing used in the external facades of the proposed development must not exceed 20 per cent.

 

16.     A motion-triggered lighting device is to be installed near the bin storage area of the development, to ensure safety and security of the occupants. The device is to be appropriately positioned to minimize glare to the adjoining dwelling at No. 37 Waverley Street. Details demonstrating compliance are to be submitted to the satisfaction of the Principal Certifying Authority prior to the issuing of any Interim or Final Occupation Certificate. 

 

17.     Lighting to the premises shall be designed in accordance with Australian Standard AS 4282: Control of the Obtrusive Effects of Outdoor Lighting so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

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

 

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

 

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

 

21.     Adequate letter box for each dwelling unit shall be installed at the main pedestrian entry on the Sydney Street elevation of the building.

 

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

 

The following condition is imposed to promote ecologically sustainable development and energy efficiency:

 

23.     In accordance with the provisions of the Environmental Planning & Assessment Regulation 2000, a relevant BASIX Certificate for EACH of the dwelling units 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 Certificates are to be included on the plans, specifications and associated documentation for the proposed development, to the satisfaction of the Certifying Authority.

 

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

 

The following condition is applied to mitigate the loss of low rental accommodation:

 

 

24.     A monetary contribution of $298,200 is required for the purpose of mitigating the loss of low cost rental accommodation on the site caused by the development, pursuant to Clause 51 of the State Environmental Planning Policy (SEPP) Affordable Rental Housing 2009. The contribution must be paid in full to Council prior to the issue of any Construction Certificate relating to the development.

 

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

 

25.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $497,200, the following applicable monetary levy must be paid to Council: $4,972.

 

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

 

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

 

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

 

26.     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.

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

31.     A sign must be erected and maintained in a prominent position on the site, which contains the following details:

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

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

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

 

32.     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.

 

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

 

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

 

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

 

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

 

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

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

 

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

 

35.     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.

 

36.     A Certificate of Adequacy prepared by a professional engineer shall be submitted to the certifying authority prior to the issue of a construction certificate, certifying the structural adequacy of the building to support an additional storey.

 

37.     A Certificate of Adequacy prepared by a professional engineer, shall be submitted to the Council prior to the issue of an occupation certificate, certifying the structural adequacy of the building in general and internal and external balustrading.

 

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:

 

38.     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 & Conservation (formerly the Environment Protection Authority) and Randwick City Council policies and conditions, including:

 

·      Occupational Health and Safety Act 2000

·      Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·      WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·      Australian Standard 2601 (2001) – Demolition of Structures

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

·      Relevant Department of Environment & Conservation (DEC) / Environment Protection Authority (EPA) and WorkCover NSW 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.

 

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Additional requirements for all development (except for single residential dwellings)

·   Saturdays and Sundays where the preceding Friday and/or the following Monday is a public holiday - No work permitted

 

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

 

40.     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. 

 

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.

 

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

 

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

 

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

 

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

 

43.     Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Development Control Plan for Exempt & Complying Development and Council’s Local Approvals Policy.  Applications to place a waste container in a public place can be made to Council’s Building Services section.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

46.     A 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 (grater than 3m in length) or any container or other article.

 

47.     All new building works must satisfy the relevant performance or deemed-to-satisfy provisions of the Building Code of Australia.

 

48.     All of the fire safety upgrading works and new building work must be detailed in the Construction Certificate for the development.

 

49.     The fire safety upgrading works must be carried out prior to issuing of an Occupation Certificate for the development and written confirmation must be provided to Council which verifies that all of the upgrading works have been carried out in accordance with the conditions of consent (together with a Fire Safety Certificate for the Essential Fire safety Measures) prior to issuing an Occupation Certificate.

 

50.     The existing levels of fire safety and amenity within the building are to be upgraded, in accordance with the following requirements and the fire safety certificate provisions of Part 9 of the Environmental Planning and Assessment Regulation 2000 must be complied.  A Construction Certificate must be obtained for the subject works and the upgrading works are required to be implemented and completed prior to issue of an Occupation Certificate:-

 

a)     The balustrades along the side of the stairways and balconies are to be upgraded.

 

The balustrade height shall be not less than 1000mm above the floor of any access path, balcony, landing or the like and 865mm above the nosing of the stair treads or floor of a ramp and the balustrade is to be constructed in accordance with Clause D2.16 of the Building Code of Australia. Openings within balustrades shall not exceed 125mm, so as to not permit a 125mm sphere to pass through it and for stairs, the space is tested above the nosings, in accordance with Clause D2.16 of the Building Code of Australia.

 

Details of the proposed design of external balustrading shall be submitted to and approved by Council prior to construction.

 

b)     Handrails are to be provided to all stairs and must be continuous between stair flight landings and have no obstruction on or above them that will tend to break a hand-hold, in accordance with Clause D2.17 of the Building Code of Australia.

 

c)     The main entry/exit doors are to swing in the direction of egress or alternatively the main entry/exit doors are to be provided with an automatic hold open device, to assist persons seeking egress in the event of an emergency.

 

d)     Doors in a required exit, forming part of a required exit or in the path of travel to a required exit is required to be readily openable without a key from the side that faces a person seeking egress, by a single hand downward action or pushing action on a single device which is located between 900mm and 1200mm from the floor in accordance with Clause D2.21 of the Building Code of Australia.

 

e)     Provide emergency lighting to the stairways and corridors, in accordance with the provisions of Clauses E4.2 and E4.4 of the Building Code of Australia and AS/NZS 2293.1 (1998).

 

f)      Provide exit signs to the Building, to satisfy the provisions of Clause E4.5 and E4.7 of the Building Code of Australia and AS/NZS 2293.1 (1998).  Exit signs must be visible at all times to indicate the way to a position of egress from the building to the satisfaction of Council.

 

g)     Provide portable fire extinguishers to the building, to satisfy the provisions of Clause E1.6 of the Building Code of Australia of Australia and AS 2444 (1995).

 

h)     Provide a self-closing, -/60/30 fire door to the front entry doorway of each sole-occupancy unit, to the enclosure under the main stairway and to the laundry, in accordance with Clause C3.11 of the Building Code of Australia.

 

i)      Brick up or effectively seal the “milk boxes” in the walls of the main stairway with material having a fire resistance level of -/60/60.

 

j)      Upon completion of the fire safety upgrading works and prior to the issuing of the strata subdivision, a final fire safety certificate is to be submitted to Council and a copy of the fire safety certificate and fire safety schedule are to be displayed in a prominent position within the building (ie entrance area), in accordance with the provisions of the Environmental Planning and Assessment Act 1979.

 

51.     The demolition, removal, storage, handling and disposal of products and materials containing asbestos must be carried out in accordance with Randwick City Council’s Asbestos Policy and the relevant requirements of WorkCover NSW and the NSW Department of Environment & Conservation (formerly the Environment Protection Authority), including:

 

·      Occupational Health and Safety Act 2000

·      Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·      WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·      Australian Standard 2601 (2001) – Demolition of Structures

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

·      Relevant Department of Environment & Conservation (DEC) / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

 

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.

 

52.     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.

 

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

 

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

 

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

 

55.     A Certificate or Statement, prepared by a suitably qualified person (ie an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council upon completion of the works (prior to an Occupation Certificate being issued), which confirms that the relevant requirements contained in the Asbestos Survey and conditions of consent, in relation to the safe removal and disposal of asbestos, have been satisfied.

 

Occupant Safety

 

56.     Openable 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 width 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 conditions are applied to provide adequate security against damage to Council’s infrastructure:

 

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

 

a)   $1000.00   -      Damage / Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

 

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

 

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

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

 

59.     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.

 

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

 

61.     Any new wall constructed at the southwest corner of the site (Waverley St / Sydney St intersection) is to be constructed with a 3m x 3m splay should it exceed a height of 600mm above the Council footpath at this location. Details showing compliance with this condition are to be shown on the plans submitted for the Construction Certificate.

 

62.     Prior to the issuing of an occupation certificate the visitor car space is to be clearly signposted.

 

63.     All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council’s Policy for “Vehicular Access and Road and Drainage Works” and the following requirements:

a)       All work on Council land must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

b)       Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to issuing an occupation certificate, together with payment of the relevant fees.

c)       If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

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

 

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

 

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

 

65.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $135.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

 

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

 

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

 

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

 

69.     Generally all site stormwater shall be piped to a sediment/silt arrester pit that drains to Council's kerb and gutter.

 

The location and details of the internal stormwater pipelines and  silt arrestor pit shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the plans shall be forwarded to Council, prior to a construction certificate being issued, if Council is not the certifying authority.

 

Notes:

 

a.   The sediment/silt arrestor pit shall be constructed:-

i.        within the site at or near the street boundary.

ii.       with a child proof and corrosion resistant fastening system (e.g. spring loaded jay-bolt).

iii.       with a minimum of 4 x 90 mm diameter weep holes (preferably located in the walls of the pit at the floor level) and with a suitable geotextile material with a high filtration rating located around the weep holes.

iv.      with the pit floor being a minimum 300mm below the invert level of the outlet pipelines.

v.       with a galvanised heavy duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet pipes draining to the infiltration pit and the kerb. (Similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

 

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

 

70.     The proposed landscaping provisions shall be installed in accordance with the approved documentation prior to the issue of any Interim or Final Occupation Certificate. The landscaping is to be maintained in accordance with the approved plans and specifications.

 

71.     In order to protect the mature Cedrus deodara (Cedrus) growing in the rear yard of the adjoining property to the north, 37 Waverley Street, close to the common boundary, the PCA must ensure that the perimeter screen planting shown along northern site boundary, between the existing free standing shed on No. 37 Waverley Street and the northeast corner of the subject site, will be provided in deep soil, with the raised planter as shown on the Landscape Plan by Zenith, drawing no. 10-2371 L01, dated 28.10.10 to be deleted in this area.

 

Advisory

 

A1      The assessment of this development application does not include an assessment of the proposed building work under the Building Code of Australia (BCA).

 

All new building work must comply with the BCA and relevant Australian Standards and details of compliance must be provided in the Construction Certificate application.

 

A2      A separate Local Approval application must be submitted to and be approved by Council's Health, Building & Regulatory Services department prior to commencing any of the following activities:-

 

§  Install or erect any site fencing, hoardings or site structures on any part of the nature strip, road or footpath

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

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

 

A3      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

 

 

Attachment/s:

 

Nil

 


Planning Committee                                                                                                8 March 2011

 

 

Development Application Report No. D17/11

 

 

Subject:                  21 Helena Street, Randwick

Folder No:                   DA/1041/2010

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to semi detached dwelling

Ward:                      East Ward

Applicant:                Cape Cod Australia Pty Ltd

Owner:                         B & P Dermody

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

 

1.    Executive Summary

 

The application details alterations and additions to an “existing semi detached dwelling” to provide for a first floor addition. As per Council’s advice the semi-detached dwelling house in the Residential 2A Zone should be classified as an attached dual occupancy.

 

As the proposal is now classified as an attached dual occupancy and not a dwelling house the development standards contained in the RLEP 1998 (Consolidation) now apply. The proposal has a floor space ratio of 0.56:1 and exceeds the maximum floor space ratio of 0.5:1.

 

The application is referred to Council for determination as the proposal includes a SEPP 1 Objection that exceeds the standard by more than 10%. If the proposal was assessed under the provision of the DCP – Dwelling House the preferred solution for floor space ratio would be 0.65:1

 

The application details alterations and additions to the existing semi detached dwelling including a first floor addition. The main issue is the potential for any impact upon the amenity of the adjoining properties.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details alterations and additions to the dwelling to provide for a new upper level containing two bedrooms, a bathroom and rear upper level balcony. At ground level a timber deck is proposed to the eastern and southern side of the dwelling and new bi fold doors installed to provide direct access from the living areas to the new deck. The proposal will provide for 62m of additional floor area to the dwelling.

 

3.    The Subject Site and Surrounding Area

 

The site is on the southern side of Helena Street and has a street frontage of 7.365m, a depth of 36.575m and an area of 261m, the site falls from the front to rear with a difference of up to 1.5m. There is rear lane access from West Lane to an existing double garage.

 

The locality is entirely residential and contains a mixture of free standing and semi detached dwellings. The established character of dwellings includes a mixture of single and two storey dwellings.

 

4.    Community Consultation

 

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

 

Issue

Comment

21A Helena Street Randwick

·       the bulk and scale of the proposed upper level is not compatible with the existing character of the locality, specifically with the upper level extending to the rear of the dwelling and including a rear balcony.

 

 

 

 

 

 

 

 

 

·       the proposal will result in additional overshadowing and loss of privacy into their backyard.

 

 

·       the 7m height limit should be observed, however reducing the height to comply will not address their concerns.

 

 

 

·       the upper level and balcony should be off set from the rear of the dwelling to reduce overshadowing and privacy loss.

 

 

23 Helena Street Randwick

·       the development does not comply with the DCP in that it will not make a positive contribution to the neighbourhood and will have a negative impact upon their privacy.

 

·       the development is of excessive bulk and scale and the internal ceiling height of 2.7m is out of character with modest semi detached dwellings.

 

 

 

 

·       the proposed upper level extends to the rear of the dwelling, which is an over development of the site and results in excessive visual impact upon the adjoining dwellings.

 

 

 

 

·       the setback and position of the deck at ground level will significantly impact upon their privacy, and any screening would be impractical as it will increase over shadowing.

 

 

·       there is a need to increase setbacks, reduce the building bulk and minimise the height.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·       there will be overshadowing and loss of solar access to their property particularly during winter months.

 

 

·       the proposal does not meet the DCP requirements for privacy as the side passag