Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 12 April 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                                                                                                12 April 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, 12 April 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 March 2011

Declarations of Pecuniary and Non-Pecuniary Interest

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)

D28/11      71R Mount Street, Coogee (Bardon Park)

D29/11      39 Waverley Street, Randwick (deferred)

D30/11      19 Ulm Street, Maroubra

D31/11      52 Milroy Avenue, Kensington

D32/11      16 Greenwood Avenue, South Coogee

D33/11      35 First Avenue, Maroubra

D34/11      74 Doncaster Avenue, Kensington

D35/11      53 Irvine Street, Kingsford

D36/11      6 Gordon Avenue, Coogee

D37/11      18 Undine Street, Maroubra

D38/11      273-275 Avoca Street, Randwick

D39/11      5 Allan Avenue, Clovelly

D40/11      114 Mount Street, Coogee

D41/11      55 Dudley Street, Coogee

Miscellaneous Reports (record of voting required)

M3/11       JRPP Report for 8-18 Brodie Avenue, 8-18 Curie Street, 6-32 Darwin Avenue, Little Bay

M4/11       JRPP Report for 1 Fleming Street & 30-36 Harvey Street, Little Bay

M5/11       JRPP Report for 220-230 Maroubra Road, Maroubra

M6/11       Voluntary Planning Agreement for land at 195-199 Maroubra Road, Maroubra (Maroubra Junction Hotel)   

Closed Session (record of voting required)

M7/11       2 Wolseley Road, Coogee (deferred)

This matter is considered to be confidential under Section 10A(2) (g) Of the Local Government Act, as it deals with advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

M8/11       1 Day Lane, Kensington (deferred)

This matter is considered to be confidential under Section 10A(2) (g) Of the Local Government Act, as it deals with advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                                12 April 2011

 

 

Development Application Report No. D28/11

 

 

Subject:                  71R Mount Street, Coogee (Bardon Park)

Folder No:                   DA/148/2007/A

Author:                   Willana Associates, Pty Ltd     

 

Proposal:                     Section 96 application to modify the development consent for lighting at Bardon Park by changing the hours of use of the park for children’s football training from 4:30pm-8:00pm, to 3:30pm-7:00pm on the approved training days approved of Tuesday and Thursday evening; limit the use of Bardon Park for junior football training between the months of March and September;  ensure that the Park lights are extinguished at 7:30pm; allow a section of the park to be line marked for the designated football season only; allow the erection of removable goal posts at the southern end of the park only (to be erected only and removed on the days of training); allow up to 60 children at any one time to use the park for football training

Ward:                      East Ward

Applicant:                Randwick City Council

Owner:                         Minister administering the Crown Lands Act

Summary

Recommendation:     Approval subject to amended conditions. 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

The subject Section 96(2) application is referred to the Planning Committee as it relates to Bardon Park, which is under the care, control and management of Randwick City Council.

 

Development Application No. 148/2007 for the installation of light poles (floodlights) at Bardon Park to facilitate the use of a part of the park for junior football training was approved on 24 April 2007 subject to conditions, including conditions in relation to the use of the Park.  The subject Section 96 application proposes to amend Conditions 3 and 4 as follows: 

 

a)  To amend condition 3 to ensure that the training lights are extinguished at 7.30pm sharp.

b)  To amend condition 4 to:

(i)   Permit training of the junior teams of the Coogee Dolphins to continue in Bardon Park on Tuesday and Thursday nights between 3.30pm and 7.00pm, between the months of March and September;

(ii)  Allow the park to be line marked for the designated football season only;

(iii) Allow the erection of removable goal posts at the southern end of the park only (to be erected and removed only on the days of training); and

(iv) Allow up to 60 children at any one time to use the park.

 

The subject application was submitted on 1 March 2011 and subsequently notified for a period of 14 days.  Various objections were made during the notification period, many of which were pro-forma letters (two different types) and two petition letters.  The pro-forma letters (combined) represented approximately 75% of the objections.  Letters of support were also submitted, including one petition. 

 

The proposed amended development has been assessed against Section 96(2) of the Environmental Planning and Assessment Act, 1979, including the relevant heads of consideration prescribed under Section 79C of the Environmental Planning and Assessment Act, 1979 (as amended).  It will not result in any adverse amenity.  It will maintain consistency with the relevant planning provisions, in particular the objectives of the zoning of the land and the applicable plan of management (Neighbourhood Parks Generic Plan of Management), similar to the approved development and therefore the modification application is recommended for approval.

Notwithstanding, Council has previously resolved to prepare to a Plan of Management for Bardon Park.

 

Other existing recreational users will be able to continue to use the park whilst training sessions are being conducted, as per the approved situation.  The area of use will not be expanded.  The line marking and removable goal posts will be well within this area. As assessed by Council’s Development Engineer, the surrounding road system will adequately cater for the resultant traffic and parking implications.  The floodlights will be turned off and training will be ceased half an hour earlier than the approved situation.  The training season will be reduced by one month.  The proposed line marking and removable goal posts will not adversely impact on the character of the park.  The resultant noise impacts will be temporary and retained within reasonable hours of the day and one less month (3.5 hours x 2 days per week March – September).

 

The amended development will increase social and recreational opportunities for youths, which will support the zoning of the land and the current demand identified by recent Council studies, particularly the Recreational Needs Study.  To ensure a safe and controlled training environment, it is recommended that at least 2 supervisors be provided during each training session.

 

Accordingly it is recommended to amend Development Consent No 148/2007 as proposed and subject to the following:

 

-      Rewording of Condition 1 to acknowledge the Section 96 application.

-      Rewording of the 7th point of Condition 4 to ensure consistency with the proposed amended training times, as indicated by the 6th point (i.e. training to cease at 7:00pm, not 7:30pm as existing) and maintain the requirement of at least 2 supervisors to ensure a controlled and safe training environment.

-      Rewording of the third and second last points of Condition 4 to ensure the amended training times and the pattern of intensity of the use of the Park is reviewed after a 12 month period.

 

To provide clear direction to the future uses of the park and given that the Neighbourhood Parks Generic Plan of Management does not reflect the current demands and needs of the local community, (as indicated by the findings of the Recreational Study Needs), it is recommended that Council resolve to prepare a specific Plan of Management for Bardon Park.

 

1.    The Proposal

 

DA No. 148/2007 for the installation of light poles (flood lights) at Bardon Park to facilitate sports training sessions between 4.30pm and 7.30pm, on Tuesdays and Thursdays during February to September was approved on 24 April 2007.  It was subject to 31 conditions including conditions 3 and 4 which read as following. 

 

3.     The light towers must only be operated on Tuesday and Thursday between 4:30pm and 8:00pm.

 

4.     Until such time as a specific plan of management for Bardon Park is prepared in accordance with the provisions of the Local Government Act 1993 the following conditions shall apply to the proposal:

 

§  The light poles must not protrude above the level of the adjacent bank of trees, with a maximum height permissible of 18 metres.

§  The proposed light towers must be turned on and off centrally or automatically, not by any user.

§  No line markings or goal posts are to be installed.

§  The approval for use is limited to the following age groups:

i)      Under 6, 7 and 8 years of age – between 4:30pm and 6:00pm

ii)     Under 9, 10, 11 and 12 years of age – between 6:00pm and 7:30pm

§  The use of the park for football training must be ceased by 7:30pm on Tuesday and Thursday.

§  A maximum of 21 players with 2 supervisors be allowed to use the park for football training between 4:30pm and 7:30pm on Tuesday and Thursday.

§  No change rooms, toilet facilities or other temporary/permanent structures are to be placed within the park.

§  The impact of the use on the physical condition of the reserve and the impact on the surrounding neighbourhood are to be monitored and reported to Council 12 months after the commencement of the use.

§  Traffic and parking impacts are to be monitored by Council’s Officers, for a period of 12 months after commencement of the use, and reported to Council.

§  A separate application is required to be submitted to and approved by the Council for any proposed changes to the pattern or intensity of use of the park.

 

It is proposed to amend development consent DA148/2007, in accordance with Section 96(2) of the Environmental Planning and Assessment Act, 1979 (EPA Act 1979) to allow for the following:

 

(a) To amend condition 3 to ensure that the training lights are extinguished at 7.30pm sharp.

(b) To amend condition 4 to:

(i)       Permit training of the junior teams of the Coogee Dolphins to continue in Bardon Park on Tuesday and Thursday nights between 3.30pm and 7.00pm, between the months of March and September;

(ii)      Allow the park to be line marked for the designated football season only;

(iii)     Allow the erection of removable goal posts at the southern end of the park only (to be erected and removed only on the days of training); and

(iv)     Allow up to 60 children at any one time to use the park.

 

Accordingly, it is proposed to amend conditions 3 and 4 to read as following:

 

3.     The light towers must only be operated on Tuesdays and Thursday until 7.30pm.

 

4.     Until such time as a specific plan of management for Bardon Park is prepared in accordance with the provisions of the Local Government Act 1993 the following conditions shall apply to the proposal:

§  The light poles must not protrude above the level of the adjacent bank of trees, with a maximum height permissible of 18 metres.

§  The light towers must be turned on and off centrally or automatically, not by any user.

§  The lights must be turned off at 7.30pm.

§  No line markings or goal posts are to be installed.  Line marking of the Park surface for junior football training may be made from March to September.

§  Removable goal posts may be erected at the southern end of the park only, and are to be erected only and removed on the days of training.

§  The approval for use is limited to the following age groups:

i)    Under 6, 7 and 8 years of age – between 4:30pm 3.30pm and 6:00pm

ii)   Under 9, 10, 11 and 12 years of age – between 6:00pm and 7:30pm 7:00pm

§  The use of the park for junior football training must cease by 7:30pm 7:00pm on designated training days of Tuesday and Thursday.

§  A maximum of 21 60 players with 2 supervisors be allowed to use the park for football training between 4:30pm and 7:30pm 3:30pm and 7:30pm on only Tuesdays and Thursdays.

§  No change rooms, toilet facilities or other temporary/permanent structures are to be placed within the park.

§  The impact of the use on the physical condition of the park and the impact on the surrounding neighbourhood are to be monitored and reported to Council 12 months after the commencement of the use.

§  Traffic and parking impacts are to be monitored by Council’s Officers, for a period of 12 months after commencement of the use, and reported to Council.

§  A separate application is required to be submitted to and approved by the Council for any proposed changes to the pattern or intensity of use of the park.

 

5.    The Subject Site and Surrounding Area

 

Bardon Park, being Lot 2 DP 902794 and Lot 3 Sec 25 DP 758272, is commonly addressed as 71R Mount Street, Coogee.  Bardon Park is a “Reserve” for public recreation which is managed by Randwick City Council under the Crown Lands Act. It is ‘L-shaped and has an approximate area of 1.5 hectares (15,000m²).  It is bounded by Mount Street to the west, Bream Street to the south and Smithfield Ave to the northeast.  It has a primary frontage of approximately 120m to Mount Street and a secondary frontage of approximately 152m to Bream Street.  Detached residential properties abut the park to the north and southeast. 

 

The park comprises a central grassed flat area with perimeter tress on Lot 2 DP 902794 and a croquet court and club building on Lot 3 Sec 25 DP 758272.  The park is used for various recreational activities, including croquet, dog exercising and winter football training for junior teams (i.e. for children in Under 12’s teams and younger). 

 

There is mature vegetation predominately adjacent to the east and west boundaries.  A row of mature trees along the eastern boundary achieves a height of 20-22m.  Amongst the trees is a concrete pathway that connects Leeton Avenue to Bream Street.  A standard concrete footpath wraps adjacent to the southern and western sides of the park along Mount and Bream Streets.  The bulk of the park area is grassed.

 

The surrounding area predominantly consists of residential dwellings in the form of detached houses or residential flat buildings, with a principal height of 2 to 3 storeys.  There are four detached residential dwellings adjoining the northern boundary of the park, with three of these dwellings orientated to the park.  Vehicular access to these dwellings is provided to the rear from an unformed lane off Leeton Avenue. 

 

Smithfield Avenue is a no-through road, located to the east of the site.  It functions as a local road following the boundary of the park.  Detached residential dwellings are located on the opposite side of Smithfield Avenue.  Unrestricted kerbside parking is permitted on the northern side, with additional rear-to-kerb and parallel parking available at the western extent of the road.

 

To the south is Bream Street which functions as a two-lane local collector road running east-west.  It is characterised by residential flat buildings, with the exception of tennis courts and a bowling green located opposite the park.  The tennis courts are set approximately 20m – 25m from the boundary of the park. Unrestricted kerbside parking is permitted on both sides of the carriageway.

 

To the west is Mount Street which functions as a two lane local road and is aligned in the north-south direction.  There are a variety of 2 – 3 storey residential flat buildings along Mount Street which are set approximately 10 – 15m from the boundary of the park.  Unrestricted kerbside parking is permitted on both sides of Mount Street.

 

6.    Recent Site History

 

The history of previous requests and applications are outlined below.  The history also includes related Council resolutions about the use of Bardon Park. 

 

6.1    Request to relocate training facility to Grant Reserve:

In 2010, Council received a request from the Coogee Beach Dolphins Sports Club Association to relocate the training facility from Bardon Park to Grant Reserve.  The request was considered by the Works Committee at a meeting held on 7 December 2010.  The Committee resolved (Mayor, Cr M Matson/Andrews) the following:

 

a)     Council refuses the request from the Coogee Dolphins to move from Bardon Park to Grant Reserve; and

 

b)     A further report be brought back to Council in relation to the viability of the Coogee Dolphins using the ‘outer’ at Coogee Oval or another suitable location.’

At an Ordinary Council meeting held on 14 December 2010, Council considered a rescission motion against the refusal and resolved (Notley-Smith/Procopiadis) the following:

 

That Council:

 

a)     Permit training of the junior teams of the Coogee Dolphins to continue in Bardon Park on Tuesday and Thursday nights between 3.30pm and 7.00pm, between the months of March and September;

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

c)     Ensure that the training lights are extinguished at 7.30pm sharp;

d)     Line mark the park for the designated football season only;

e)     Allow the erection of removable goal posts at the southern end of the park only, to be erected and removed only on the days of training;

f)     Enter into negotiations with the Coogee Croquet Club to enable the Dolphin’s junior teams access to the Croquet Club toilet and storage facilities;

g)     Adjust the restriction on the numbers of children training to 60 at any one time;

h)     Not proceed with an amenities block in Bardon Park;

i)      Not proceed with any change of use to Grant Reserve;

j)      Continue to work towards finding a suitable long-term location for the Coogee Dolphins with a report to come back to Council on the options available by September 2011;

k)     Install further dog waste dispensers and garbage bins; and

l)      Funds be allocated for low impact landscaping such as shrubs, garden beds and seating to improve the amenity of the park for all.

 

Accordingly, the current Section 96 application reflects Council’s resolution of 14 December 2010 and has been lodged for assessment pursuant to the relevant legislative regime.

 

6.2      Development Application No. DA/148/2007:

 

DA No. 148/2007 proposed the installation of light poles/towers at Bardon Park to facilitate sports training sessions between 4.30pm and 7.30pm, on Tuesdays and Thursdays, during the months of February to September.  Whilst the application was for lighting to facilitate more active use of the Park, the use of the park for recreation did not require development consent.  The application included the following works:

 

-      Excavation to create a suitable base for the light poles.

-      Installation of three 18 metre high light towers.

-      Excavation and trench digging as required to supply electrical infrastructure to the light towers.

 

The application was approved on 24 April 2007 subject to 31 conditions.  Conditions imposed at the time included conditions limiting the active use of the park for football training.  Subsequently the flood lights were erected and the park has been used by junior teams of the Coogee Dolphins Rugby League Club for football training two afternoons/evenings a week during February to September under seasonal permits granted by Council in accordance with section 108 of the Crown Lands Act.

6.3      Additional Works to Bardon Park

 

Following the Council meeting on 14 December 2010 temporary fencing was erected around Bardon Park in preparation for the installation of rain harvesting tanks and an irrigation system and surface re-turfing.  No development consent was required for those works which were completed in February 2011 and the temporary fencing removed.  A resident letter box drop advising of the works was undertaken in early January 2011.  

 

7.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the Development Control Plan – Public Notification of Development Proposals and Council Plans.  The application was also advertised in the local newspaper. Some 200 objections were made during the notification period, many of which were pro-forma letters (two different types), and two petitions with over 400 signatories.  The pro-forma letters (combined) represented approximately 75% of the objections.  Letters of support were also submitted, including one petition with just over 1000 signatories.

 

Below is a summary of the matters raised in submissions.

 

7.1      Objections

 

Issue

Comment

Intensification of use

As discussed in this report, at this stage there is little evidence to suggest that the intensification will result in significant amenity impacts. To properly ascertain the extent of the impacts, it is recommended that the 12 month monitoring period required by Condition No. 4 take into consideration the amended situation.

 

The intensification supports the use and zoning of the park for recreational purposes, as well the findings and directions of the Recreational Needs Study and Randwick City Plan.  These documents best reflect the most current demands and future planning directions for use of the park.  The amended development addresses the identified need and demand for facilities to cater for traditional sports like football, and of local junior members.

 

The amended use will retain a low key character given it will only cater for training for a limit period during the year, (i.e. six months, two days a week and for a few hours on those days), and allow other recreational activities to occur concurrently (as per the approved situation), thus representing the demands and needs of different user groups. The proposed goal posts and line marking will be removable / temporary.  No formal matches will be held at the park.  As discussed below, the area of use will be as per the approved situation.

 

Use of cones instead of goal posts

Goal posts will enable a more effective means of training, without any adverse impact on the character of the park.  They will be temporary, and will be required to be removed after each training session.

 

Councillors job to defend public land not residents

The relevant policy regime seeks to maximise the use of the park by all members of the public, subject to appropriate use guidelines.

 

Inadequate notification of s.96 to local residents.  Council’s website did not contain submitted documents for public access.  This is inconsistent with Council’s practice.

Request 1 month extension for s.96 notification.

 

Approximately 115 residents were notified by way of letter.  The application was also notified in the local paper.  Council’s website as from 4 March 2011 had provided downloadable links to the submitted S96(2) documents.  The notification has been undertaken in accordance with Council’s requirements.

What is the reason for: lack of disclosure to the resolution for the 14 December 2010 meeting; commencement and nature of works; all issues concerning Bardon Park.

 

There has not been any lack of disclosure.  Minutes of meetings are published and accessible on Council’s website.

DA 148/2007 and the Section 96 application are invalid:

No prior notice was sent to the owner of the Land under Section 49(2) of the EPA Regs 2000

Council ignored that there is no provision in governing Bardon Park, to develop the park for organized sporting clubs / Council has not acted in accordance with the Crown Lands Act 1989 and Local Government Act 1993.

 

Bardon park is a “Reserve” and vests in the Minister responsible for administering the Crown Lands Act, 1989.  Council is responsible to manage the Reserve.

 

Council adheres to the policy of the officers of the Land and Property Management Authority (LPMA) being the Minister’s representatives with respect to notification of development application relating to “Reserves”.  The policy does not require the Minister to sign / endorse a development application with “owners consent” or otherwise.

 

Development Application DA 148/2007 was lodged in February 2007 and notified to the LPMA.

 

The current s.96 application to modify Development Consent DA 148/2007 was lodged with Council on 1 March 2011.  It was notified to the LPMA on 25 February 2011 (prior to lodgement).

 

Council is the Manager of the Reserve known as Bardon Park and in keeping with the Reserve’s dedicated purpose of “public recreation” Council may pursuant to section 108 of the Crown Lands Act grant a seasonal permit (temporary licence) for a group / Club to use the Park for sports training.  No development consent under the Environmental Planning and Assessment Act or Regulation is required for such permit/licence.  Indeed Council may vary the pattern and intensity of use of the Park without Development Consent or modifications of consent conditions under the Environmental Planning and Assessment Act by granting temporary licences under the Crown Lands Act.

 

 

Changes sought are also contrary to the plan of management.  Not acting in accordance with plan of management is a breach of the Crown Lands Act, 1989

An assessment against the plan of management is provided in the section below ‘Neighbourhood Parks Generic Plan of Management’ which  is the plan of management applicable to Bardon Park

 

In preparing the DA and Section 96, Council has ignored Section 79C – The Public Interest

In the preparation of the assessment report for DA 148/2007 and the subject report, adequate consideration has been given to ‘the public interest’.  The specific matters of ‘the Public Interest’ are not limited to the matters of objections or support and may include the following as listed in the Section 79C(1) Table – Potential Matters for Consideration evaluation guide provided on the Department of Planning’s website:

-    Do any policy statements from Federal or State Governments have relevance?

-    Are there any relevant planning studies and strategies?

-    Is there any management plan, planning guideline, or advisory document that is relevant?

-    Are there any credible research findings, which are applicable to the case?

-    Do any covenants, relevant issues raised in public meetings and inquiries?

-    Have there been relevant issues raised in public meetings or inquiries?

-    How will the health and safety of the public be affected?

 

It is not in the public interest to deny residents access to publicly owned Crown land, categorized as a park for passive recreation, when recent studies /surveys show there is sufficient fields in Randwick to satisfy current population and future growth.

 

There are more suitable grounds available rather than using this neighbourhood park (Coogee Oval, Latham Park, Heffron).  Bardon Park is not a sports ground.  It is a community neighbourhood park and in an increasingly high density suburb, it is critical that Bardon Park, as a rare green space, should remain a community park for informal community recreation at all times.

 

Recent studies commissioned by Council show there is sufficient rugby fields in Randwick City to satisfy current population and future growth.

 

Bardon Park is not suitable for the development as it facilitates organised training by a private sports club.

 

Use of community park should be for local children only.  Training use will restrict other children using the park.

No access will be denied to the park by the amended development.  The amended development will only impact on a portion of the park, as per approved development and during limited times frames, similar to the approved development (i.e. during a minimal amount of hours and days of the week and during less months). 

 

The use of the park is not restricted to passive recreation.  This is evidenced by the objectives, goals, principles, etc of the ‘Neighbourhood Parks Generic Plan of Management’ and ‘Recreational Study Needs’, as well as the objectives of the land and permissible uses listed under the Randwick Local Environmental Plan 1998 (Consolidation).  Reference should be made to the assessment of the related sections below.  Nevertheless the subject application relates to amendments to an existing and approved use.

 

The amended use supports the future directions and outcomes of the Randwick City Plan.  The plan of management currently applicable to Bardon park is the “Neighbourhood Parks Generic Plan of Management” “Issue 2: Recreation” of that plan of management is as follows:

 

Within neighbourhood parks, a wide variety of informal recreational activities are encouraged.  Structured sport may also take place although facilities and maintenance within these parks are more centred around the provision of a general mix of recreational activities rather than providing high grade sports fileds as is the case for district and regional parks.  Neighbourhood parks have been identified as open space areas where the needs of young people in particular should be met.  This group generally has limited access to transport, are located in the residential areas where neighbourhood parks are usually sited and experience a considerable amount of unmet recreational needs.

 

Facilities identified as necessary by young people and others who recognise their needs include: basketball hoops and courts; rollerblading/skateboarding/stunt bike facilities; and baseball, mini soccer and five a side football facilities.  Other activities such as creative arts, dancing, playgrounds and simply having a place to relax and socialise in were also high on the list of community recreation needs.  Neighbourhood parks should help to create a ‘sense of community’ through the provision of recreational opportunities within walking distance from the residential areas.’

 

The lack of an alternative site is also evidenced by Council’s resolution of 14 December 2010 which includes the following directive:

 

Continue to work towards finding a suitable long-term location for the Coogee Dolphins with a report to come back to Council on the options available by September 2011

 

It should be noted that the Coogee Dolphins sports club makes up part of the community and is a key group of the public that have a right to use the park, as are dog walkers and residents. The use of parts of the park for restricted times (7 hours per week), for the benefit of a group of children is considered acceptable and will not significantly exclude or disadvantage the rest of the public.

 

Conflict of interest given that consideration of the Section 96 application is being done by the same consultants.  Properly independent advice should be sought.

 

The provided continuity is not a conflict of interest as the consultants understand the nature of the original application and have a sound understanding of the impacts and issues. 

Unacceptable parking and traffic implications/ Additional traffic will negatively impact residents’ ability to park in reasonable proximity to their homes and will also create significant traffic hazards at dusk when there is low visibility and significantly increased foot traffic. Council should undertake a comprehensive traffic study taking into account businesses on Bream Street, bus movements and extended parking along southern park boundary.

 

Traffic and parking matters have been addressed in the report assessment below.  Refer to sections ‘Development Control Plan – Parking’ and ‘Technical Officers Comments’.  

Unacceptable Social Impacts – keep community parks for use by the community

Existing users of the park will not be able to continue using the park while training takes place / Training use will impede the ability of those children who are not members of the Coogee Dolphins sports club to use Bardon Park / Unacceptable impact on positive social and community passive recreation and interaction / Reduce the valuable social capital in the local area. / The increased numbers of players will make it more difficult for others to use the park.

 

The proposal will not result in other users being unable to use the park.  Residents would have access to surrounding areas of the park, which would constitute the same portion of the park as per the approved situation.   The limited times for training (i.e. for 3.5 hours, twice a week and during months of March – September only), provides a reasonable outcome.  It provides a positive social benefit in enabling and encouraging children to participate in outdoor sport which is regarded as a means to combat child obesity, develop interpersonal skills as part of a team and social skills..

The outer edges of the park are not suitable for exercising of humans or their companion animals / Bardon Park is the only park in the Coogee basin where dogs may be exercised off leash / Any other off-leash areas will require access by car therefore increasing traffic.

The increased numbers of players will make it more difficult for others to use the park.

 

The amended development will not alter the available space, as approved under Development Consent No. DA/148/2007. 

The traffic study is unreliable.  It did not reflect a typical parking night, there are bus stops along Bream Street which impact on the availability of on-street parking and figures date back to 2006

 

Council’s Development Engineer has reviewed the subject application and validity of the submitted report.  Comments provided by Council’s officer have been provided in the section below ‘Technical Officers Comments’.

The proposal is not substantially the same as the original application

 

This matter has been addressed in the section below ‘Substantially the Same Development’.

Visual impact of the line marking will change the character of the park / The line markers will have an impact on the natural features of the park

This matter has been addressed in the section below ‘Randwick Local Environmental Plan 1998’ and ‘Natural Environmental Impacts’.

 

 

The line marking will be setback from any natural features and only be provided during the football  season.  It is expected that Council’s Occupational Health and Safety measures will be adhered to with respect to application, removal and paint type. Also refer to ‘Issue 5’ in the table provided in section ‘Neighbourhood Parks Generic Plan of Management’.

 

Council has acted in contravention of its obligations under the EP& A Act by voting to allow use of the park by Coogee Dolphins prior to considering the DA.

The previous resolution of Council is not the determination of the subject application.  The application will be determined via a separate resolution.

A report on a trial period should be submitted by October 2011 not March 2012.  If report is submitted in March 2012, there is insufficient time for Club to find another venue.

Council undertake a transparent, criteria-driven assessment of sports fields and club needs to allocate local sporting facilities. 

Should train at an existing sporting facility/ Council should find a more suitable home for the Coogee Dolphins / There are more suitable spaces with significant facilities and amenities in place / Lack of identification of Strategic Needs

 

The trial period for the amended development should commence once any amended approval has been issued and changes have been implemented.  The trial period should not impact on the investigation on alternative venues.  Council resolution of 14 December 2011 states: Continue to work towards finding a suitable long-term location for the Coogee Dolphins with a report to come back to Council on the options available by September 2011. 

 

The modification and development consent is ambiguous leaving open the nature of how the use will be limited.

 

There is no ambiguity. Training is proposed to be undertaken during the months of March through to September for junior Coogee Dolphin’s teams on Tuesday & Thursdays from 3:30pm – 7:00pm.

Council recently undertook a number of works at Bardon Park without planning permission.

 

This is not a relevant issue for the assessment of the current application to modify Development Consent DA/148/2007 however the sprinklers are part of the new irrigation system installed in Bardon Park.  The sprinklers are designed to “pop up” when watering the grass.  The sprinklers retract to ground level when watering is completed

Recently provided sprinklers stick up above the grass and pose a tripping/safety hazard to trainers.

 

This matter has been referred to Council for investigation.

Submitted SEE is biased and contains errors/false statements

 

Concerns have been acknowledged in the assessment of this report.  (Any specific errors are discussed further in the table sections below).

Use sets a precedent for other clubs to use facility.

Any use of Bardon Park must be in accordance with the Plan of Management (Neighbourhood Parks Generic Plan of Management).

 

The park is too small and inappropriate for use as a sporting ground. 

 

The area of use will be as approved.  The area will be used for training purposes only.

Park does not have any change rooms or toilet

Correct, however, at the meeting held on 14 December 2010, Council resolved the following:

Enter into negotiations with the Coogee Croquet Club to enable the Dolphin’s junior teams access to the Croquet Club toilet and storage facilities

 

Increasing training participants from 21 to 60 is not in accordance with Section 96 (1) – Modification involving minor error, misdescription, or miscalculation

 

The modification is being sought under Section 96(2) of the Environmental Planning and Assessment Act, 1979 (which provides for modifications involving other than minor modifications.)

Increase in no. of participants poses a safety issue. How will footballs be controlled as not to impact on traffic and other users?  Increase in traffic and low visibility will pose a safety issue to the children.

The increase in number of children will not significantly increase the threat to safety. 

 

It is expected that supervisors and participants will be responsible for controlling footballs.  Regardless, training will not only be limited to kicking footballs  With respect to pedestrian safety, most participants attending and departing from training are expected to be under the supervision of their parents.

 

No toilet blocks on park as it is too small and impact on residents

 

At the meeting held on 14 December 2010, Council resolved not to proceed with an amenities block.

Adverse social impact – amended use for 60 young people will leave no room for other users / 60 children can’t fit on the field / SEE has erroneously indicates that 60 children plus supervisors and other users can fit on the park / Not enough room around park for dog exercising

No change is proposed to the approved principal area.

The area will adequately cater for 60 children twice a week for a total of 7 hours.  As discussed below in this table, the approved ‘principal playing area’ is 99m x 56m.  As confirmed by the applicant, the line marking will be 70m x 30m.  Based on the field area alone there will be 35sqm per child.

Regardless, to better ascertain the impacts of the amended proposal it is recommended that the 12 month monitoring period required by Condition 4 take into account the amended situation.

 

No contribution paid for cost of park works

 

No contribution is required. 

SEE ignored Part 2 Division 2 “Clause 36G” of the Local Government Act  / Section 36G lists core objectives and states parks are to be used for unorganised and passive recreational activities and development consent is contrary to Section 36G

 

Section 36G of the Local Government Act does not refer to unorganised activities.  It does encourage educational activities and the playing of games..

SEE has ignored Council’s Generic Plan of Management

The SEE provides an assessment against the plan.  Regardless, an independent assessment has been provided in the section ‘Neighbourhood Parks Generic Plan of Management’.

 

Lights not in keeping with general use of park

The lights are existing.  The S96 application does not add any further lights.

Non-compliance with Section 96(2)

 

An assessment against Section 96(2) is provided in section 5 below.

Council has contravened its obligations under the Crown lands Act, 1989 as there is no proper licence in place under Section 102

 

Whilst section 102 of the Crown Lands Act is relevant to the Croquet club lease it is irrelevant to the use of the park by the Coogee Dolphins for children’s football training 7 hours a week.  Council may grant seasonal use of the Park under section 108 of the Crown Lands Act irrespective of the Development Consent or Modification Application.

Development Consent 148/2007 breaches LEP, plan of management

Development Consent No. 148/2007 does not breach the LEP or plan of management.  This assessment is limited to the proposed amendments.

 

Line marking will transform the appearance of park into a sports field.

The visual impact will not be unacceptable given the line marking will not be permanent or represent a dominant visual impact given its nature and location over a minor surface area.  Also refer to the section ‘Randwick Local Environmental Plan 1998 (Consolidation)’ andNatural Environmental Impacts’.

 

SEE erroneously states park is a sports field.

 

Noted.

Change to the hours of use will impact on local resident opportunities.

Minor changes are proposed, that will have no significant consequence, in comparison to the approved situation. 

 

Areas surrounding the training field are unsatisfactory for use

Section 96 will not change the area of use and therefore the impact would be as per the approved situation.

 

Diagram in SEE of training facility is incorrect

The line marking will be within the existing and approved area of use.  The approved area was demonstrated in the lighting report submitted with the development application and determined in the Council development application report assessment, to be 99m x 56m.  Any line marking and goal posts would be within this area.  As confirmed by the applicant, the line marking is proposed to be 70m x 30m, which is a narrower than the line marking indicated in the SEE.

 

Section 96 states park use by others is limited to daylight hours but this is a misinterpretation.

 

Noted.

Development consent impedes community ability to use park 2 evenings a week thereby eroding valuable social capital

 

The Section 96 application will not result in an unacceptable impact in comparison to the current situation. 

Non-compliances with the provisions of the LEP / the use is not permissible under the zoning of the land and it is not consistent with the objectives of the zone/ Council’s Section 96 perpetuates this illegality

The provisions of the LEP are discussed below in the section ‘Randwick Local Environmental Plan 1998 (Consolidation)’.  It should be noted that no development consent is required for ‘recreation’ under the 6A zone of the land.  ‘Recreation’ is defined as: ‘the use of an area or place for:

(a)  a children’s playground, or (b)  recreational or leisure activities which promote the physical, cultural or intellectual welfare of persons within the community, but (in Part 2) does not include any land use elsewhere defined in this clause’.

 

Table 4 in the ‘Neighbourhood Parks Generic Plan of Management’ specifically states leased sports fields and playing fields is unsuitable.

This has been acknowledged.  The subject assessment is for an amendment to the already approved use.  As indicated in the section below ‘Neighbourhood Parks Generic Plan of Management’, the amended use will achieve consistency with the objectives, principles and goals of the management plan.  The Development Consent nor modification application do not make provision for “leasing” the Park. 

 

Council submitted a DA on its self.

Council can submit a DA to itself.  Such a DA would require to be assessed by an external consultant to avoid a conflict of interest.

 

Not notified of original DA.

The original DA was notified in accordance with Council’s DCP requirements.

 

The Coogee Dolphins have breached the conditions imposed by the DA148/2007 and formal complaints have been lodged to no avail.

 

These matters are to be addressed separately by Council. 

The application has made no mention of the removal of the cricket pitch.

 

The Development Consent and the Modification Application do not relate to a cricket pitch.

There is a high demand for quality public facilities and amenities.

Noted.  The amended development will improve the training facilities and enable a broader spectrum of the community to use them on non-training days.

 

The park is potentially flood prone.

Any such potential is not of consequence to the assessment of the subject amendments.

 

The SEE notes that due State Environmental Planning Policy (Infrastructure) 2007, development consent would not be required for the construction and use of the sports field.  When the consent was issued for the use, consent was required.

The SEE is correct.

 

5.1 Support

One petition of support was received by Council with over 1000 signatures.

 

 

Issue

Comment

Bardon park is used by a cross section of the community.  The Dolphins have outgrown restriction placed on them in back in 2006.  The approval of Council for dogs off leads in Bardon Park is no different to allowing kids to play at designated times.

 

Noted.

Coogee Dolphins Club is a not for profit, volunteer based organization.

 

Noted.

Most attendees of the club are residents of the Coogee area.

 

Noted.

Coogee Dolphins doesn’t have a secret agenda to ‘take over’ the park.

Noted.

Bardon Park is categorized as a ‘Class C Neighbourhood Park’ according Randwick Council’s ‘Neighbourhood Parks Generic Plan of Management’.  According to the plan of management, such parks are permitted for use by local sporting teams.

 

The relevant provisions of the ‘Neighbourhood Parks Generic Plan of Management’ with respect to the classification and permitted uses are discussed in the section below ‘Neighbourhood Parks Generic plan of Management’.

Training times are limited to between 3.30pm to 7.30pm, Tuesday and Thursdays, during the competition season. Goal posts will be temporary and removed at the end of training sessions / Attending members will rely on the toilet and storage facilities of the Croquet Club.

 

Noted in the assessment of the Section 96 application.

The playing field will not be the size of a senior’s field (100m x 68m), rather smaller, at 70m x 30m.  Based on the park’s entire site area of 10,000m², this equates to only 28% of its area.

Any marking and goal posts will be within the approved ‘principal playing area’.  This playing area has been demonstrated in the lighting report submitted with the development application and determined in the Council development application report assessment to be 99m x 56m.  The applicant has confirmed that the line marking will be 70m x 30m (i.e. within this approved area).

 

Maximum number of children will be 60 at any time.  Given training will be provided within 2 separate sessions, the maximum number of children at the park at any one time is likely to be between 30 - 40.

Noted.

Bardon Park has always had a line marked field.  Only because of recent lack in maintenance that the line marking is no longer visible.

 

Noted. 

Other local ‘neighbourhood parks’ are used by formal sporting teams, such as Woomera Reserve.

Noted.

The use of the park by Coogee Dolphins has already been approved under a 2006 DA proposed by SJB planners.

 

Noted.

 

8.    Technical Officers Comments

 

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

 

Development Engineer Comments

Development Engineering does not object to the Conclusions listed by the GTA Consultants P/L. It is also noted that the applicant has proposed Cond No 4 to be amended to include monitoring of Traffic and parking impacts with a report given to Council after 12 months.

 

9.    Master Planning Requirements

 

No master plan applies in this case, however the ‘Neighbourhood Parks Generic Plan of Management’ applies.  The provisions of this plan are addressed further below.

 

10. Relevant Environmental Planning Instruments

 

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

 

-    Environmental Planning and Assessment Act 1979 as amended

-    Randwick Local Environmental Plan 1998 (Consolidation)

-    Development Control Plan- Parking

-     Development Control Plan – Public Notification of Development Proposals & Council Plans

-    Neighbourhood Parks Generic Plan of Management

-    Randwick City Plan

-    Waste Management Guidelines for Proposed Developments

-    Randwick City Recreation Needs Study

 

11. Section 96(2) – Other Modifications

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria has been complied with:-

 

11.1           Substantially the Same Development

 

 (a)   it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

 

Comment:  The amended development will be ‘substantially the same’ development as approved under Development Consent No. 148/2007.  There will be no fundamental change to the uses and definition of the approved development.  There will be no change to the size or description of the land to which the consent relates.  The original consent has not been previously modified pursuant to Section 96 of the Environmental Planning and Assessment Act, 1979 (as amended).

 

11.2  Consultation with relevant Minister, public authority or approval body

 

 (b)    it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

 

Comment:  No consultation is necessary as no conditions have been imposed as a result of concurrence or general terms of approval. 

 

11.3  Notification and Consideration of Submissions:

 

(c)    it has notified the application in accordance with:

(i)  the regulations, if the regulations so require, or

(ii)  a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d)    It has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.

 

Comment:  Matters (c) and (d) and the matter of notification to the Land and Property Management Authority on behalf of the Minister responsible for administering the Crown Lands Act have been addressed above in section – ‘Community Consultation’.

 

11.4  Section 79C Assessment:

 (3)   In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application.

 

Comment:  The relevant matters are addressed below.

 

(a)    Provisions of Relevant Environmental Planning Instruments

 

Randwick Local Environmental Plan 1998 (Consolidation)

 

The relevant Clauses of the LEP 1998 are addressed below.

Clause 9 – Objectives & Clause 18 – Zone No 6A (Open Space Zone)

Clause 9 – Objectives of the RLEP provides that development consent may be granted only after consideration of the extent to which the proposed development is consistent with the general aims of the RLEP and the specific objectives of the zone of the land.

 

Clause 2 of the RLEP lists the general aims which include the following aims:

 

(e)        To ensure the conservation of the environmental heritage and aesthetic character of the city.

(g)        To promote, protect and enhance the environmental qualities of the City,

(h)        To recognise the importance of ecological sustainability in the planning and development processes,

(k)        To encourage consideration of social consequences when decisions are made in the implementation of this plan,

The subject site is zoned 6A Open Space under Randwick Local Environmental Plan 1998 (Consolidation).  The specific objectives of the zone are listed under Clause 18 of the LEP.  The relevant objectives include:

 

(a)        To identify publicly owned land used or capable of being used for public recreational purposes.

(b)        To allow development that promotes, or is related to, the use and enjoyment of open space.

(d)        To identify and protect natural features that contribute to the character of the land.

(e)        To enable the sustainable management of the land.

 

The amended development will be satisfactory with respect to the relevant aims and objectives.  It will not alter the use of the land for public recreational purposes but increase the capability of utilising the public land for this purpose, consistent with the objectives of Council’s ‘Neighbourhood Parks Generic Plan of Management’, ‘Recreational Needs Study’ and ‘Randwick City Plan’.  (The plans and study are discussed further below).  The approved lighting facilitates greater opportunity to use the park for a variety of recreational uses and therefore is consistent with the relevant aims and objectives.  With respect to the social impacts, addressed with reference to the matters raised by objectors, the amended development will not result in a substantial impact to justify refusal on these grounds.

 

The approved ‘training’ use is consistent with the aims and objectives.  ‘The use meets the ‘public recreational’ purpose.  As discussed above, the Coogee Dolphins club is a local club which aims to meet the needs of the community.  ‘Recreation’ is defined as: ‘the use of an area or place for: (a)  a children’s playground, or (b)  recreational or leisure activities which promote the physical, cultural or intellectual welfare of persons within the community, but (in Part 2) does not include any land use elsewhere defined in this clause’.  This definition does not exclude any active recreational opportunities such as the training facility.  The inclusion of active uses in open space zones, as well as use by community clubs is further supported by the ‘recreation area’ definition provided in the Standard Instrument – Principal Local Environmental Plan.  The definition states the following:

 

recreation area means a place used for outdoor recreation that is normally open to the public, and includes:

(a)  a children’s playground, or

(b)  an area used for community sporting activities, or

(c)  a public park, reserve or garden or the like,

and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).

 

The inclusion of line marking and removable goal posts will not significantly impact on the natural features of the park.  Both will be temporary features.  They will not be located near any established trees to adversely impact on their health or require any pruning or removal.  The establishment of the marking and removable goal posts will not result in any substantial excavation or building works, nor will they present any excess bulk or scale to result in a dominant visual impact.

 

The amended proposal will still enable the sustainable management of the land, as per the approved development, by maintaining consistency with the objectives of the ‘Neighbourhood Parks Generic Plan of Management’ document.  It will be of minimal consequence to any items of environmental heritage within the vicinity.  This matter is discussed further below.

 

The change in pattern or intensity of use will increase social and recreational opportunities for youths.  The increase will support the current demand identified by recent Council studies, such as the Recreational Needs Study.  The findings of this study are discussed in the section below ‘Recreational Needs Study’.  The approved principal playing area (as demonstrated in the lighting report submitted with the development application and determined in the Council report assessment to provide a playing area of 99m x 56m) will adequately cater for the increased capacity.  It will not be increased. Accordingly, the useable area of other recreational and social opportunities will not be impacted.  The resultant noise impacts will be minor, temporary and retained within reduced training hours and over a shorter period of the year.

 

Clause 38 – Development in Open Space Zones

Certain matters required to be considered by Council under this clause.  They are addressed in the table below.

 

Clause 38

Assessment

(a) the need for the proposed development on that land, and

The change in pattern or intensity of use is warranted to cater for the demand.  The line marking and removable goal posts will facilitate proper and safe training in a suitable environment.  The changes are important to facilitate the use of the park for recreational and educational use.

 

The applicant has identified a demand for the training facility in the local area, and difficulty in locating an alternative park with appropriate attributes.  This is verified by the findings of the (2008) Recreational Needs Study which indicates ‘there is a need to provide additional lit sports fields particularly in northern areas.  The need for additional lit sports fields is due to existing ones being at capacity and in some instances with playing surfaces suffering from degradation through over use. ……There appears to be little capacity to absorb any increase in demand for winter field sports, by increasing the use of existing sports grounds, with the exception of Bardon Park, Pioneers Park, Heffron Park and the outer field at Snape Park’.  This is also verified by the following resolution of Council at the meeting held on 14 December 2010:

 

Continue to work towards finding a suitable long-term location for the Coogee Dolphins with a report to come back to Council on the options available by September 2011;

 

(b)  whether the proposed development promotes or is related to the use and enjoyment of open space, and

 

The increased capacity will promote use and enjoyment.  The line marking will not exclude the use of the park by the general public. Further, there remains a substantial area to the north of the park that may be used informally whilst training is occurring.

(c)    the impact of the proposed development on the existing or likely future use and character of the land, and

As indicated in this assessment report, the impact of the amended development on the existing and likely future uses and character will not be unacceptable.  In particular, the ‘principal playing area’, (as demonstrated in the lighting report prepared by Light Studio 21 Pty Ltd submitted with the development application and indicated in the Council report assessment to provide a playing area of 99m x 56m) will not be increased to impact on other non-training useable areas, the training hours, days and months will be limited and the line marking and goal posts will be temporary features, easily removable.  The line marking and goal posts will not be excessive in form, height bulk and scale to result in an adverse impact on the natural environment.  Furthermore, the eastern edge of the park is lined with substantial mature trees which provide a visual screen between nearby properties and the lighting. 

 

(d)  the need to retain the land for its existing or likely future use.

As discussed above, the existing use of Bardon Park for  public recreation will not be adversely impacted and will be retained. 

 

 

 

Clause 40A – Site Specific Development Control Plans

 

The subject application is a Section 96 amendment application and therefore no such development control plan is required to be prepared in this case. 

 

Part 4 – Heritage Provisions

 

The subject site is not identified as a Heritage Item or located within a Heritage Conservation Area.  The closest heritage item is located at 88 Brook Street, a Victorian Italianate Mansion.  The item is setback a substantial distance from the field, i.e. beyond the croquet court and club building on Lot 3 Sec 25 DP 758272.  Given the distance, nature of the works and orientation of 88 Brook Street, there would be negligible impact on the mansion and its setting.

 

(b)    Provisions of any Proposed Instruments

No draft or proposed planning instruments are applicable.

 

(c)    Development Control Plans

 

Development Control Plan - Parking

The development control plan for parking does not specify a car parking rate that would be applicable to the training facility.  The applicant has submitted a traffic and parking assessment which indicates the following:

 

-    The existing supply of on-street parking spaces within a 100-150m walk of Bardon Park is able to accommodate the expected increase in parking demand likely to be generated by the revised training times.  (NB: The increase has been assessed to be from 19 and 40 spaces on Tuesday and Thursday evenings).

-    There is adequate capacity in the surrounding road network to cater for the traffic generated by the proposed development.

 

The traffic and parking impact is supported based on the following: 

 

-    Council’s Development engineer has reviewed the study and has raised no concerns to the findings

-    The use would be limited, i.e. to certain in hours and days, as well as certain months per year. 

-    Condition 4 of the development consent requires traffic and parking impacts to be monitored by Council’s Officers, for a period of 12 months after commencement of the use, and reported to Council.  This is recommended to be amended to ensure the amended situation is considered.

-    The use of ecologically sustainable methods of transport should be encouraged.

 

Section 94A Development Contributions Plan

This plan became effective on 2 July 2007 and applies to all applications lodged on or after the effective date to carry out development under the Environmental Planning and Assessment Act 1979.

 

Section 11 of the plan states that Class 10 buildings and structures are exempt from the payment of a levy.  Accordingly no payment is applicable in this case.

 

(d)    Planning Agreements

No planning agreements apply in this case.

 

(e)    Any Matters Prescribed by the Regulations

No additional matters need to be considered for the amendments.

 

(f)     Any Coastal Zone Management Plan

Not applicable in this case.

 

(g)    Likely Impacts of Development

Additional impacts of relevance not addressed elsewhere in this report are addressed below.

 

Natural Environmental Impacts

 

No significant impact is expected to any natural features of the park.  The ‘playing area’ (as demonstrated in the lighting report submitted with the development application and determined in the Council assessment report to provide a playing area of approximately 99m x 56m) will not be increased or altered.  The line marking and removable goal posts will be temporary, minor structures and located a sufficient distance away from significant trees to ensure that there would be negligible impact to the health of the trees and parkland surface.

 

Visual & Acoustic Privacy

 

The increased number of children participating in football training will result in a reasonable and acceptable increase in associated noise impacts.    The impacts would be during reasonable hours and limited in time period, and to two (2) days of the week from March through to September.  In addition the additional noise impacts would be compatible with the noise impact expected with a similar sized public park.

 

Given the minor, and temporary nature of the works associated with the proposed line marking and erection of removable goal posts, adjoining properties will not experience any significant impacts. 

 

In addition to the above, the following aspects of the amended development will cater for the public interest:  The operation of the light poles will be reduced by half an hour; the use will cease half an hour earlier; and the football training season will be reduced to between March and September.

 

To ensure appropriate supervision it is recommended that at least 2 supervisors be provided during each training session and therefore Condition 4 be reworded to reflect this.

 

Views

 

There will be a negligible impact on views currently enjoyed from surrounding residential properties and the public domain given the form, height, bulk and scale of the proposed posts.

 

(h)            Suitability of the site

 

The assessment of this report verifies that the site is suitable for the modified development.

 

(i)              Any Submissions

 

This matter has been addressed above.

 

(j)             The Public Interest

 

As indicated by the assessment below, (with reference to Council’s plan of management and other relevant studies and plans), and the assessment of the issues raised by objectors provided in the Community Consultation Section of this report, the amended proposal would be satisfactory with respect to the public interest.  It is noted that the proposed amendments to turn off the floodlights earlier, permit training during less months and provide an earlier finish time for training, would be in the public interest.

 

To further address the public interest the following is recommended:

 

-      The 7th point and third and second last points of Condition 4 be further amended to state:

 

§  A maximum of 21 60 players with at least 2 supervisors be allowed to use the park for football training between 4:30pm and 7:30pm 3:30pm and 7:00pm on the designated training days of Tuesday and Thursday.

§  The impact of the use on the physical condition of the Park and the impact on the surrounding neighbourhood are to be monitored and reported to Council 12 months after the commencement of the amended use.

§  Traffic and parking impacts are to be monitored by Council’s Officers, for a period of 12 months after commencement of the amended use, and reported to Council.

 

The rewording to the 7th point of Condition 4 will ensure consistency with the proposed amended training times, as indicated by the 6th point.  The requirement of at least 2 supervisors will ensure a controlled and safe training environment.  The amendments to the other points will ensure the amended training times and increase the number of children participating in the subject use is considered after a 12 month period.

 

Neighbourhood Parks Generic Plan of Management

 

Bardon Park is nominated as a ‘neighbourhood park’ under the Neighbourhood Park Generic Plan of Management (PoM).  The amended development will maintain consistency with the following major recommendations of the PoM :

 

-      Increase recreational opportunities for young people within neighbourhood parks

 

Comment:  The amended development will achieve this. 

 

-      Provide a diverse range of recreational opportunities and settings such as hard court areas, grassed areas, shaded areas and where possible indoor areas, for community individuals and groups.

 

Comment:  The amended development will maintain the grassed areas of the Park and provide an appropriate setting via the establishment of line marking and removable goal posts without impeding activity on the surrounding areas. 

 

Section 2 of the plan lists corporate and community goals and principles.  The amended development will support and maintain consistency with the following goals and principles, as discussed in the table below:

 

Goals:

-      To provide appropriate and equitable recreational and open space opportunities as identified through community needs.

-      To provide safe, diverse and quality recreational opportunities for Randwick residents

-      To ensure access for all including actual and perceived access to recreational resources.

 

Principles:

-      A focus for neighbourhood recreational activity, particularly for young people.

-      Offers a medium between passive pocket park and structured sporting parks.

 

Section 3 of the PoM lists issues.  An assessment of the amended development against the relevant issues is provided in the table below.

 

Action

Assessment

Issue 1: Management Planning

 

Objective: 

The amended proposal will not form an exclusive use or activity of the park.  It will maintain the diversity of uses within the park, allow them to occur concurrently and be limited in days, times and seasons, as per the approved development.  The proposed goal posts will not form permanent structures and therefore provide the flexibility required to facilitate a variety of uses in the Park.  They are proposed to be removed at the conclusion of every training session.

 

 

The plan of management currently applicable to Bardon park is the “Neighbourhood Parks Generic Plan of Management” “Issue 2: Recreation” of that plan of management is as follows:

 

‘ Within neighbourhood parks, a wide variety of informal recreational activities are encouraged.  Structured sport may also take place although facilities and maintenance within these parks are more centred around the provision of a general mix of recreational activities rather than providing high grade sports fields as is the case for district and regional parks.  Neighbourhood parks have been identified as open space areas where the needs of young people in particular should be met.  This group generally has limited access to transport, are located in the residential areas where neighbourhood parks are usually sited and experience a considerable amount of unmet recreational needs.

 

Facilities identified as necessary by young people and others who recognise their needs include: basketball hoops and courts; rollerblading/skateboarding/stunt bike facilities; and baseball, mini soccer and five a side football facilities.  Other activities such as creative arts, dancing, playgrounds and simply having a place to relax and socialise in were also high on the list of community recreation needs.  Neighbourhood parks should help to create a ‘sense of community’ through the provision of recreational opportunities within walking distance from the residential areas.’

 

 

Issue 2

Recreation

The amended development will not alter the approved facility to be a ‘high grade’ field.  It will maintain a temporary training area rather than create a formal home ground / playing field for competitive matches.  This reflects the low impact nature of recreational activities preferred for Neighbourhood Parks.  The amended development will not extend the playing field and will continue to enable the mix of uses at the park to co-exist.

 

The use of Bardon Park for junior football training is a result of demand. The amended development proposes some detailed changes to cater for the demand and enable proper training to occur.

 

Accordingly the amended development will achieve the objective to:  Permit a diverse range of community recreational activities suitable to parks identified values, meeting local informal and formal recreational needs; Provide recreational facilities particularly suited to the needs of young people. 

 

Issue 3:

Visitor Management

Visitor Management will be similar to the approved situation.  Any terms of a permit or licence may be varied to cater for the amendments, where necessary.  The existing dog areas available during training will not be impeded.  An objective of visitor management is ‘to allow community groups, schools and sports organizations to have access to an area of or building within neighbourhood parks for a specified time period’.  The amended development will maintain consistency with this objective.

Issue 4:

Communication

Communication and consultation has been carried out in compliance with the relevant legislation. 

 

Issue 5:

Design and Vegetation

 

Maintenance, Safety & Risk

The amount of grass space available for other recreational or social activities will not be reduced and be as per the approved development.  As discussed previously, there will be no significant impact on established vegetation subject to any line marking being applied with non-toxic paint or similar and no other chemicals used.  The line marking and goal posts are expected to be in accordance with Council’s Occupational Health and Safety requirements.  In addition a condition exists in the development consent to ensure that construction works are in accordance with the BCA (Condition 6). 

 

Issue 6

Funding

Any user fees and terms of a permit or licence may be varied to cater for the amendments, where necessary and required by Council.

 

Companion Animals Act 1998

 

Bardon Park is identified as a public place and dogs are allowed ‘off-leash’.  The amended development will not result in an increase to the approved ‘playing area’.  Given this, training sessions can operate simultaneously with the ‘off-leash’ dog area, as per the approved situation. 

 

Football training will still be limited during winter months, to two days / week and will only be allowed for a few hours a day.  Consequently, the whole of the park will remain wholly available for other recreational activities during substantial and reasonable time periods throughout the week, beyond the non-training season.

 


Relationship to City Plan

 

The amended development will achieve consistency with the following outcomes and directions of the City Plan:

 

Outcome 2:       A vibrant and diverse community.

Direction 2b:      Enrich our range of community services that meet our community’s needs.

Direction 2d:      New and upgraded community facilities that are multi-purpose and in accessible locations.

Outcome 5:       Excellence in recreation and lifestyle opportunities.

Direction 5a:      Maximise opportunities for residents and visitors to enjoy both active and passive open space uses.

Direction 5b:      A range of sporting and leisure activities.

Outcome 6:       A Liveable City.

Direction 6a:      Our public assets are planned, managed and funded to meet the community expectations and defined levels of service.

Direction 6b:      A range of sporting and leisure activities.

 

Recreational Needs Study (2008)

 

The amended development will be conducive to the findings and directions of the Recreational Needs Study, particularly with respect to enabling the retention of the children’s sports training at the park, increase in capacity and provision of facilities such as line marking and goal posts to enable more productive training at the park.  The findings and directions include the following:

 

Findings

-      Increase in demand for outdoor areas utilised for organised physical activities, including rugby league and AFL and touch, especially by juniors.

-      There is little capacity to absorb any increase in demand for winter field sports by increasing the use of existing sports grounds.

-      There is little opportunity to increase provision of sporting and recreation facilities available to sporting groups through shared use of school facilities.

-      There is little opportunity to significantly increase the quantum of publicly accessible open space within the City.

-      There is evidence of conflict of use existing between people utilising open space for passive recreation and those people participating in active, organised recreation (sport), particularly during winter at parks that are floodlit to allow sports groups to train.

-      Compared to sports facility benchmarks and feedback from sporting clubs/associations, there are less than optimum numbers of facilities in Randwick City for cricket, rugby league, indoor court sports, soccer and tennis.

-      There is a trend of increasing participation in most sports by children, and for selected sports by adults.

-      The diversity of recreation opportunities in neighbourhood parks must be planned to ensure there are spaces and facilities for a wide range of age groups and abilities.

 

Directions

-      Increase the provision of sports fields able to accommodate night training by increasing the number of floodlit fields.

-      Plan for new/upgraded facility development where existing provision does not meet current demand.

-      Continue to maintain and develop family recreation areas and play spaces at sports parks to facilitate co-existence of passive users and active users.

-      Consider containing the number of evenings during which night training can occur to say 3 – 4 as a means of ensuring local residents retain reasonable access to the fields for informal recreation (personal exercise, dog walking, etc.).

 

 

Asset Management Plan

 

The Asset Management Plan identified a strong demand for traditional sports, including various football codes.

 

Waste Management Guidelines for Proposed Developments

 

At the Ordinary Council meeting held on 14 December 2010, Council’s resolution included the installation of waste bins at the park.  The bins would cater for any additional demand created by the increase in capacity. 

 

Standard Instrument (Local Environmental plans) Order 2006

The equivalent zoning of Bardon Park under the ‘Standard Instrument (Local Environmental Plans) Order 2006 is ‘Zone RE1 – Public Recreation’.  The objectives of the zone and permissible uses are listed below:

Objectives of zone:

-      To enable land to be used for public open space or recreational purposes.

-      To provide a range of recreational settings and activities and compatible land uses.

-      To protect and enhance the natural environment for recreational purposes.

The amended development will be consistent with the above objectives of the zone.

 

Financial Impact Statement

 

Any seasonal permit or temporary licence is subject to Council’s applicable schedule of Fees and Charges.

 

Conclusion

 

The above assessment indicates that the proposed changes are acceptable having regard to the relevant provisions of Sections 79C and 96 of the Environmental Planning and Assessment Act 1979.

 

Accordingly, it is recommended for approval subject to conditions.

 

Recommendation

 

A.         That Council, as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to modify conditions 1, 3 and 4 of the consent of Development Application No. 148/2007 for the erection of light poles at 71R Mount Street, Coogee (Bardon Park), in the following manner:

 

1.       The development must be implemented substantially in accordance with the plans numbered 5279 A-001, revision B and stamped as received by Council on 26 February 2007, the application form and supporting information received with the application including the “Lighting Assessment and Design” report dated 23 November 2006 by Light Studio 21 Pty Ltd and photomontage stamped as received by Council on 22 February 2007, and as amended by Section 96(2) application number 148/2007/A submitted to Council on 1 March 2011 by to allow for the following.

 

-    The hours of use of the park shall be 3:30pm to 7:00pm on the designated days of Tues and Thurs for junior football training.

-    Limit the use of Bardon Park for junior football training between the months of March and September.

-    Ensure that the Park lights are extinguished at 7:30pm.

-    Allow the park to be line marked for the designated football season only.

-    Allow the erection of removable goal posts at the southern end of the park for football training on designated days and designated times only (to be erected and removed only on the days of training).

-     Allow up to 60 children with at least 2 supervisors at any one time to use the park.

 

3.       The light towers (flood lights) must only be operated on Tuesday and Thursday and then until 7.30pm.

 

4.       Until such time as a specific plan of management for Bardon Park is prepared in accordance with the provisions of the Local Government Act 1993, the following conditions shall apply to the proposal:

 

§  The light poles must not protrude above the level of the adjacent bank of trees, with a maximum height permissible of 18 metres.

§  The light towers must be turned on and off centrally or automatically, not by any user.

§  The lights must be turned off at 7.30pm.

§  No line markings or goal posts are to be installed.  Line marking of the Park surface for junior football training may be made from March to September.

§  Removable goal posts may be erected at the southern end of the park only, and are to be erected only and removed on the days of training.

§  The approval for use is limited to the following age groups:

i)    Under 6, 7 and 8 years of age – between 4:30pm 3.30pm and 6:00pm

ii)   Under 9, 10, 11 and 12 years of age – between 6:00pm and 7:30pm 7:00pm

§  The use of the park for junior football training must cease by 7:30pm 7:00pm on designated training days of Tuesday and Thursday .

§  A maximum of 21 60 children with at least 2 supervisors be allowed to use the park for football training between 4:30pm and 7:30pm 3:30pm and 7:30pm and only on Tuesdays and Thursdays.

§  No change rooms, toilet facilities or other temporary/permanent structures are to be placed within the park.

§  The impact of the use on the physical condition of the park and the impact on the surrounding neighbourhood are to be monitored and reported to Council 12 months after the commencement of the use.

§  Traffic and parking impacts are to be monitored by Council’s Officers, for a period of 12 months after commencement of the use, and reported to Council.

§  A separate application is required to be submitted to and approved by the Council for any proposed changes to the pattern or intensity of use of the park.

 

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                12 April 2011

 

 

Development Application Report No. D29/11

 

 

Subject:                  39 Waverley Street, Randwick

Folder No:                   DA/947/2010

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

Council at the Planning Committee Meeting held on 08 March 2011, resolved;

 

‘RESOLUTION: (Mayor, Cr Matson/Hughes) that the application be deferred for the submission of amended plans that better address the impact of the development on the amenity of nearby residents and to allow for further consultation between the residents and Councillors, possibly via a street meeting.’

 

A meeting was held between the applicant and the objectors to discuss the impacts of the proposal.  The proposal has been amended to the satisfaction of the applicant and the objectors and as such conditions 4, 7 & 9 as originally recommended are no longer required.

 

Issues

 

The following amendments to the proposal have been agreed to between the parties:

 

·              Terraces & planter boxes on loft level deleted

·              East facing balconies to have obscure glazing to 1.6m height then clear glazing above. This is to return to north & south sides by 1.4m

·              West facing balconies to have obscure glazing to 1.6m height, then clear glazing above on the southern side only

·              Landscape plan altered to include a tree on the north east corner of the site

·              Tandem parking was reassigned to unit 5 ( originally unit 6)

·              Planter boxes to be grey split-face blockwork

 

The above amendments have been incorporated in the plans referenced in Condition 1 of the Recommendation.

 

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.

 

Conclusion

 

The proposal 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 amended plans:

 

Plan Number

Dated

Received

Prepared By

02c

24/03/2011

29 March 2011

C M Hairis Architects

03c

24/03/2011

04c

24/03/2011

10-2371 LO1

28.10.10

29 March 2011

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.       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.

 

5.       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.

 

6.       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.

 

7.       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.

 

8.       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.

 

9.       All car parking spaces are to be line-marked. 

 

10.     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.

 

11.     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.

 

12.     The reflectivity index of glazing used in the external facades of the proposed development must not exceed 20 per cent.

 

13.     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. 

 

14.     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.

 

15.     Power supply and telecommunications cabling to the development shall be underground.

 

16.     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.

 

17.     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.

 

18.     Adequate letter box for each dwelling unit shall be installed at the main pedestrian entry on the Sydney Street elevation of the building.

 

19.     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:

 

20.     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:

 

21.     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:

 

22.     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:

 

23.     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.

 

24.     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.

 

25.     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.

 

26.     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.

 

27.     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.

 

28.     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”.

 

29.     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.

 

30.     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.

 

31.     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.

 

32.     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.

 

33.     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.

 

34.     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:

 

35.     The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment & 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.

 

36.     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.

 

37.     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.

 

38.     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.

 

39.     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.

 

40.     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.

 

41.     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.

 

42.     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.

 

43.     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.

 

 

44.     All new building works must satisfy the relevant performance or deemed-to-satisfy provisions of the Building Code of Australia.

 

45.     All of the fire safety upgrading works and new building work must be detailed in the Construction Certificate for the development.

 

46.     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.

 

47.     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.

 

48.     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.

 

49.     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.

 

50.     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.

 

 

51.     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.

52.     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

 

53.     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:

 

54.     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:

 

55.     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.

 

56.     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.

 

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.     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.

 

59.     Prior to the issuing of an occupation certificate the visitor car space is to be clearly signposted.

 

60.     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:

 

61.     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.

 

62.     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:

 

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.

 

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

 

65.     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.

 

66.     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:

 

67.     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.

 

68.     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                                                                                                12 April 2011

 

 

Development Application Report No. D30/11

 

 

Subject:                  19 Ulm Street, Maroubra

Folder No:                   DA/652/2010

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to dwelling including an upper level addition

Ward:                      Central Ward

Applicant:                M & T Richardson

Owner:                         M & T Richardson

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 0.7:1 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 0.59:1

 

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 existing dwelling to enlarge the existing ground level to provide for a revised floor plan layout, including a kitchen and living area at rear leading to a covered patio and an upper level comprising three bedrooms and two bathrooms. The proposal will provide for 150m of additional floor area to the dwelling.

 

The proposal has been amended prior to assessment to reduce the overall floor area of the dwelling.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the western side of Ulm Street and has a frontage of 9.43m a depth of 33.53m and an area of 316m. The locality is residential and contains a mixture of semi detached and free standing dwellings.

 

4.    Community Consultation

 

The proposal has been notified in accordance with the DCP–Public Notification. The following submissions were received:

 

4.1      Objections

Issue

Comment

21 Ulm Street, Maroubra

The proposal does not comply with performance requirements of the DCP and LEP particularly in relation to floor area.

 

 

There are concerns that building works as proposed will encroach upon their property.

 

 

The construction of the party wall may prevent access for maintenance to their eaves and gutter.

 

 

The proposed alterations will undermine the structural integrity of their dwelling.

 

 

 

The proposed development is an excessive over development of the site and is out of context with the adjoining semi detached dwellings.

 

 

 

The proposal will result in a loss of privacy and overshadowing.

 

 

 

See detailed discussion of compliance with DCP and LEP controls below. Note that a SEPP 1 Objection has been lodged with regards to non compliance with floor space ratio.

 

The final plans clarify that there are no encroachments of the eaves and gutter or no other part of the new building upon the adjoining property.

 

The party wall construction will does not encroach upon the adjoining property and will not impede access to the eaves and gutter of the adjoining dwelling.

 

Conditions of consent are included with regards to proper excavation procedures to maintain the structural integrity of the subject and adjoining dwelling.

 

The proposed alterations and additions to this dwelling are not out of character with the established nature of the locality which includes a number of similar upper level additions to semi detached dwellings.

 

The proposal will not result in any loss of privacy to adjoining properties as there is no upper level balcony and the windows to the upper level are all to bedrooms and the bathroom. The proposal also maintains the minimum solar access requirements of the DCP.

 

5.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

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

 

Clause 20E Landscaped area

Development other than for the purpose of a dwelling house within a 2A zone must provide a minimum of 40% of the total site area as landscaped area. The proposal complies with this clause with 40% of the site provided as landscaping.

 

Clause 20F Floor Space Ratios

The maximum floor space ratios for buildings other than buildings erected for the purpose of a dwelling house within 2A zones is 0.5:1. This proposal has a total floor space ratio of 0.7:1 which exceeds the maximum in the control and a SEPP 1 Objection to this standard has been lodged by the applicant for consideration.

 

Clause 20G Building Heights

The maximum height for a building other than a dwelling house within a 2A zone is 9.5m from any point on ground level with a maximum external wall height of 7m. The proposal complies with both these controls in this standard with an overall height of 8m and an external wall height of 6.2m.

 


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

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

 

Pursuant to Clauses 20F of RLEP 1998, the maximum FSR within 2A Zones is 0.5:1 respectively. The proposed variation is summarized in the table below:

 

 

Floor space ratio

Proposal

0.7:1 (224m2 )

LEP development standard

0.5:1 (158m2)

Excess above or less than the LEP standard

20% excess (66m2)

 

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

 

Matter 1

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

 

FSR - Clause 20F

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

 

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

 

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

 

The building height is within Council guidelines.

 

The upper floor addition is predominantly behind the main roof and preserves the existing roof and streetscape appearance with a reduced bulk and appearance.

 

The impact to the adjoining semi detached dwelling is minimal with a favourable south to north orientation and a common wall construction.

 

Most semis approved exceed the LEP control of 0.5:1 and this proposal is in relation to the prevailing floor space ratio of other semi detached dwelling which are predominant in the area.

 

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

 

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

 

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

 

Matter 2

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

 

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

 

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

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

 

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

 

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

 

Matter 3

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

 

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

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

 

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

Second

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

 

Comments:

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

Third

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

 

Comments:

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

Fourth

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

 

Comments:

The FSR development standards 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 zoning is not considered to be inappropriate for the locality.

 

5.2      Policy Controls

 

Development Control Plan Dwellings and Attached Dual Occupancies

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

40%

Yes.

25m² of private open space provided.

74m2 +

Yes

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

8m x 9.2m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

30%

Yes

Floor area

(Site area 316m2) maximum FSR 0.6:1 

0.7:1

See below

 

The proposal does not comply with the preferred solution of the DCP, however in this instance there are no major objections as the resultant floor area of the dwelling will not be out of keeping with the established character of the immediate locality which contains dwellings of similar bulk and scale and therefore whilst the preferred solution is not complied with it can be demonstrated that the overall objectives and performance requirements of the DCP are satisfied.

 

 

Height, Form & Materials

External wall height maximum 7m

6.2m

Yes

Cut or fill maximum 1m.

No more  than 1m

Yes

No excavation within 900 mm of a side boundary.

Up to side boundaries

See below

No excavation within 4m of a rear boundary.

More than 8m

Yes

 

Excavation for the addition will be up to the side boundary, conditions of consent are included with respect to ensuring that both the subject and adjoining sites are properly maintained during and after building works.

 

 

Building setbacks

Front setback average of adjoining dwellings or 6m

No change

Yes

Rear boundary setback at least 4.5m

8m

Yes

Side setbacks be 900mm at ground level.

Up to eastern and 900mm from western side boundaries

See below

Side setbacks be 1.5m at second floor level.

Up to eastern side and 1500mm from western side boundaries

See below

 

The eastern boundary setback of the dwelling up to the side boundary maintains the party wall and fire separation between the two semi detached dwellings and will not result in any impacts to the amenity of that adjoining dwelling.

 

 

Privacy

The proposal will not result in any significant impact to the existing level of privacy to the adjoining dwellings as the proposal does not include an upper level balcony and the windows to the upper level all serve the bedrooms and bathroom.

 

 

Garages & Driveways

 

 

 

 

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

1 space

Existing levels of parking maintained

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

Complies with small car space

Yes

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

Yes

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

33% of the width of the site.

Yes

Fences     

The proposal includes alterations to the existing dwarf masonry front wall to raise the height to 1m and include metal infill panels between piers and gates. The style and overall height of the fence complies with the established fencing form within the street.

 

 

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

n/a

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

No reduction

Yes

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

Yes

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

No impact to solar collectors

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

Existing north facing windows to front of dwelling not affected by proposal

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

Slightly reduced

Yes

 

6.    Randwick Section 94A Development Contributions Plan

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200000

$ 212 520

 

1.0%

$2 125.20

 

7.    Environmental Assessment

 

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

It is recommended that the application to carryout alterations and additions to the existing dwelling be approved subject to conditions.

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20F of Randwick Local Environmental Plan 1998, relating to floor space ratio on the grounds that the proposed development complies with the objectives of the clause and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 652/2010 for alterations and additions to the dwelling at 19 Ulm Street, Maroubra subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered 02-07 all Issue G, dated March 2011 and received by Council on the 21st March 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 consistent with the colour board submitted with the application dated 29 June 2010.

 

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

 

Options may include one or more of the following measures:

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

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

 

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

 

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

 

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

 

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

 

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

 

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $ 212 520 the following applicable monetary levy must be paid to Council: $ 2 125.20

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·           Stormwater management (i.e. rainwater tanks)

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

·           Landscaping provisions

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

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·          Occupational Health and Safety Act 2000 & Regulations

·          WorkCover NSW Guidelines & Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

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

 

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

 

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

 

Retaining walls, shoring, or piling must be designed and installed in accordance with appropriate professional standards and the relevant requirements of the Building Code of Australia and Australian Standards.  Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

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

 

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

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

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

 

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

 

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management details.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

31.     Prior to the issuing of an occupation certificate the applicant must meet the full cost for Council or a Council approved contractor to:

 

a)       Construct a new concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

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

 

32.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

33.     All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council’s Policy for “Vehicular Access and Road and Drainage Works” and the following requirements:

a)       All work on Council land must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

b)       Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to issuing an occupation certificate, together with payment of the relevant fees.

 

c)       If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

 

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

 

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

 

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

 

35.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $135.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

 

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

Advisory Conditions

 

A1    The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works

 

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

 

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

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

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

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

 

A3      A local approval application must be submitted to and be approved by Council's Building Services section prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

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

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

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

 

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

 

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

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                12 April 2011

 

 

Development Application Report No. D31/11

 

 

Subject:                  52 Milroy Avenue, Kensington

Folder No:                   DA/1048/2010

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to existing dwelling

Ward:                      West Ward

Applicant:                S Woods

Owner:                         S Woods & S Wheen

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

 

1.    Executive Summary

 

The application is referred to the Planning Committee for determination at the request of Councillors Andrews, Nash and Matthews.

 

The application details alterations and additions to the existing dwelling, including a new carport and store to the side of the dwelling, an in ground swimming pool and landscaping in the rear yard.

 

The main issues in relation to the proposal are the potential for any impacts to the amenity of the adjoining properties and the significance of the West Kensington Heritage Conservation area.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details alterations and additions to the dwelling including a two storey addition to the rear of the dwelling to provide for an open plan living area and kitchen leading to a covered outdoor living area and, within the upper level, four bedrooms and two bathrooms. A new carport and storage is proposed to the north western side of the dwelling and the installation of an in ground swimming pool and landscaping within the rear yard. The proposal will provide for 118m of additional floor area to the dwelling.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the northern side of Milroy Avenue and has a frontage of 15.24m, a depth of 45.625m and an area of 690m. The site is relatively level.

 

The locality is residential in nature and is characterised by a mixture of single and two storey free standing dwellings of Federation and Inter War style which are on large allotments of land. The West Kensington Heritage Conservation area is noted as being significant for its highly consistent early 20th century streetscapes.

 

4.    Community Consultation

 

The proposal has been notified in accordance with the DCP - Notification. The following submissions were received:

 

Submissions

Comment

50 Milroy Avenue, Kensington

There are concerns that the windows and planter box to the western side of the upper level dwelling will result in a loss of privacy into their living rooms. Privacy concerns could be addressed by a reduction in the size of the windows or if not the installation of fixed louvres could be a solution.

 

 

 

 

 

 

 

54 Milroy Avenue, Kensington

The proposal will result in a loss of solar access to their dwelling and a resultant increase in the use of artificial lighting.

The shadow diagrams are not accurate and do not take into account that the large tree mentioned is deciduous.

 

 

 

 

The resultant bulk and scale of the development will be out of character with the nearby dwellings which does not comply with the DCP-Dwellings.

The development will not be in keeping with the West Kensington Heritage Conservation area in that the proposal includes a carport which is incorporated within the enlarged roof form to the western side of the dwelling and is not sited further back from the front of the dwelling and is of a light weight design.

 

 

 

The upper level windows will look directly into their private outdoor living area and swimming pool and the nominated louvres are not acceptable as they cannot be controlled by the affected neighbours.

 

Does the application propose to lop or remove the existing jacaranda tree which is in the vicinity of the proposed development.

 

See comments in the DCP assessment Section below with respect to privacy and recommended condition to maintain privacy from upper level windows.

 

 

 

 

 

 

 

 

 

 

 

 

The extent of additional shadow cast upon the adjoining properties by the proposed development regardless of the nominated position of an existing tree demonstrate that the remaining available solar access readily complies with the DCP for Dwellings minimum standard of at least 3 hours a day during the winter solstice.

 

The proposal has been assessed by Councils’ Heritage Consultant who has provided advice that the proposed additions to the rear of the dwelling will not dominate the original cottage and comply with the design principles with the Draft DCP for the West Kensington Heritage Conservation area. The proposed alterations and additions to the dwelling are consistent with the bulk and scale of the nearby and adjoining dwellings which satisfy the relevant objectives and performance requirements of the DCP for Dwellings.

 

See comments in the DCP assessment Section below with respect to privacy and recommended condition to maintain privacy from upper level windows.

 

 

Recommended conditions of approval provided by Councils’ Landscape Technician include approval to prune overhanging branches of the jacaranda tree to provide clearance during construction of the additions to the dwelling. Approval to prune the tree is subject to any necessary approval of the owner of the adjoining property.

 

5.    Technical Officers Comments

 

The application has been referred to Council’s Development Engineer and Consultant Heritage Planner for comment. The received advice is that the proposal will not adversely affect the streetscape of Milroy Avenue or the heritage significance of the conservation area. 

 

6.    Relevant Environmental Planning Instruments

 

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

 


Randwick Local Environmental Plan 1998

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

The proposal is with the West Kensington Heritage Conservation area and therefore under the relevant clauses of the LEP consideration must be given to the impact of the 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.

 

6.1    Policy Controls


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

64%

Yes

25m² of private open space provided.

235m2 +

Yes

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

15.2m x 15.4 m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

56%

Yes

Floor area

(Site area 690m2) maximum FSR 0.5:1 

0.42:1

Yes

Height, Form & Materials

External wall height maximum 7m

7 m

Yes

Cut or fill maximum 1m.

Less than 1m

Yes

No excavation within 900 mm of a side boundary.

Minor excavation for carport and store

See comment below

No excavation within 4m of a rear boundary.

No

Yes

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

Upper level setback 1560mm from side boundary

Yes

 

The extent of excavation for the carport and store to the north western side boundary is not substantial and will not result in any potential for an impact to the amenity of the adjoining property. Conditions of consent are also included with respect to proper excavation procedures during building works to maintain the integrity of the properties.

 

 

Building setbacks

Front setback average of adjoining dwellings or 6m

No change

Yes

Rear boundary setback at least 4.5m

In excess of 15m

Yes

Side setbacks be 900mm at ground level.

Up to north western and 1560mm from the other side boundaries

No, see comments below

Side setbacks be 1.5m at second floor level.

5485mm and 1560mm from side boundaries

Yes

 

There are no objections to the portion of the dwelling including the carport and store being sited up to the side boundary as the setback of the building in this position will not detract from the amenity of the adjoining dwelling because the separation provided by the existing driveway to the adjoining dwelling maintains access to sunlight and fresh air to both dwellings. In addition there will not be any resultant overshadowing to the adjoining property as a result of this proposed setback.

 

 

Privacy

There is a potential for overlooking into the private living areas of the adjoining properties from the upper level bedroom windows especially within the side elevation of the dwelling. There are louvred screens proposed to those windows however they are moveable and any privacy provided in the closed position is not a permanent solution to maintain privacy to the adjoining properties. A condition is recommended to require that the bedroom windows in the side elevation of the dwelling are to be fixed with obscured glazing to any part of the window less than 1500mm above the floor level. The addition does not include any balconies that would provide an upper level outdoor living area and viewing platform into the private areas of the adjoining properties.

 

 

Garages & Driveways

 

 

 

 

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

2 spaces, as existing within the driveway and proposed carport

Yes

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

Comply

Yes

Driveway minimum width of 3m and side setback 1m

3.15m in width and 1m from side boundaries.

Yes

Driveway maximum width of 3m at the boundary.

3.15m

No, however the degree of non compliance is not significant in the context of the width of the allotment and will not detract from the street appearance of the dwelling

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

 At grade

Yes

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

Yes, the proposed carport is sited in line with the front of the building.

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

Carport and combined store occupies 28% of the width of the site.

Yes

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

n/a

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

No reduction

Yes

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

Yes

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

No impact to solar collectors

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

No significant additional impact to north facing living room windows

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

Reduced however the minimum of 3 hours maintained

Yes

 

8.    Randwick Section 94A Development Contributions Plan

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200000

$ 850 000

1.0%

$ 8 500.00

 

9.    Environmental Assessment

 

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

 

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.

 

Conclusion

 

That the application to carryout alterations and additions to the existing dwelling be approved subject to conditions.

 

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/1048/2010 for alterations and additions to the existing dwelling including two storey addition at rear, carport, storage area and hardstand carpark space to side of dwelling, swimming pool and associated works (Heritage Conservation Area) at 52 Milroy Avenue, Kensington 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 1001/DA02, 1001/DA03, 1001/DA04, 1001/DA05, 1001/DA06, 1001/DA07, dated November 2010 and received by Council on the 26th November 2010, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

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

 

Options may include one or more of the following measures:

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

4.       A minimum of three of the existing chimneys including the two serving fireplaces in the proposed new Parents Retreat and the one serving a fireplace in the proposed new Rumpus Room are to be retained and details provided with the construction certificate plans.

 

5.       To maintain a reasonable level of privacy to the adjoining properties the bedroom windows in the side elevations of the dwelling are to be fixed with obscured glazing to any part of the window less than 1500mm above the floor level. Details are to be provided with the Construction Certificate application.

 

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

 

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

 

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;

 

7.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $850 000 the following applicable monetary levy must be paid to Council: $ 8 500.00.

 

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.

 

8.       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.

 

9.       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.

 

10.     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)

 

11.     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:

 

12.     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.

 

13.     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:

 

14.     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.

 

15.     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).

 

16.     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.

 

17.     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).

 

18.     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”.

 

19.     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.

 

20.     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.

 

21.     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.

 

22.     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:

 

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

 

24.     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.

 

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

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

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

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

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

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

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

 

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

 

26.     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.

 

27.     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.

 

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

 

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

 

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

 

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

 

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

 

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

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management details.

 

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

33.     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.

 

34.     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.

 

35.     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:

 

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

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

 

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

 

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

 

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

       

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

●     before 7.00am or after 8.00pm on weekdays.

 

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

 

37.     Prior to the issuing of an occupation certificate the applicant must meet the full cost for Council or a Council approved contractor to:

 

a)       Reconstruct a concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

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

 

38.     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.

 

39.     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.

 

Alignment Level Conditions

 

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

 

40.     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.

 

41.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

42.     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.

 

Service Authority Conditions

 

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

 

43.     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.

 

44.     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 protection for the 1 in 100yr flood event:

 

45.     Plans submitted for the construction certificate must demonstrate compliance with the following requirements so as to provide protection against flooding for the 1 in 100yr flood event:

a)  The section of driveway at RL 25.25 AHD shall be extended to a minimum length of 10.8m so as to provide 2 carspaces above the 1 in 100yr flood level.

b)  The remaining graded section of driveway down to the front property alignment must not exceed a grade of 1 in 8 (12.5%).

c)  All areas associated with the storage of goods must be at or above RL 24.40 AHD.

NOTE: Flood levels have been determined by the West Kensington Flood Study commissioned by Council and now completed.

 

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

 

46.     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.

 

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

 

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

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

 

Prior to the use of infiltration,  a geotechnical investigation will be required to determine whether the ground is suitable for infiltration. Should rock and/or a water table be encountered within two metres of the proposed base of the infiltration pit, or the ground conditions comprise low permeability soils such as clay, infiltration may not be appropriate.

 

NOTE: Should ground conditions preclude the use of infiltration, consideration may be given to the use of a charged system to drain that portion of the site that cannot be drained by gravity to the kerb and gutter at the front of the property.

 

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

 

Landscape Conditions

 

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

 

49.     The PCA must ensure that landscaping at this site is installed substantially in accordance with the DA Landscape Plan by William Danger + Associates, drawing no: LP01-4510, issue 02, revision B, dated November 2010, prior to issuing a Final (or any other type of Interim) Occupation Certificate, with the owners to ensure it is maintained in a healthy and vigorous state until maturity.

 

50.     That part of the nature-strip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

Street Tree Removal & Replacement

 

51.     The applicant shall submit a total payment of $1,601.60 (including GST), being to cover the costs for Council to:

a.       Remove the existing street tree, Allocasurina cunninghamiana (River She Oak) from Council’s Milroy Avenue verge, centrally across the width of the site, in order to accommodate the widened vehicle crossing as shown, prior to the commencement of site works;

 

b.       Supply and install 1 x 100 litre street tree, Waterhousia floribunda (Weeping Lilly Pilly), back on the Milroy Avenue verge, if not in front of the site, between the proposed crossing and recently planted street tree, then elsewhere in this streetscape, at a location to be determined by Council, upon the completion of all works.

 

The contribution shall be paid into Tree Amenity Income at the Cashier on the Ground Floor of the Administrative Centre prior to a Construction Certificate being issued for the development.

 

The applicant must contact Council’s Landscape Development Officer on 9399-0613 (quoting the receipt number), and giving at least four working weeks notice to arrange for both removal and replacement of the street tree.

 

Protection of small street tree

 

52.     The applicant is required to ensure retention of the small, recently planted Acmena smithii (Lilly Pilly) located on Council’s Milroy Avenue nature strip, towards the southern site boundary, and must ensure that:

 

a)  Any new services, pipes, stormwater systems or similar that need to be installed over public property will be done so either along the northern site boundary; or; against either side of the vehicle crossing; and

 

There shall be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within 2 metres of its trunk.

 

Tree Removals

 

53.     Approval is granted for removal of the following trees, subject to full implementation of the approved landscaping:

 

a)       The Mangifera indica (Mango Tree), along the northern site boundary, beyond the northeast corner of the existing dwelling, in order to accommodate the proposed ground floor extension and in-ground swimming pool as shown;

 

b)       The Schefflera actinophylla (Umbrella Tree) in the rear yard, towards the southeast corner of the site, as it is an environmental weed.

 

Pruning of neighbouring tree

 

54.     Permission is granted for the selective and minimal pruning of only those branches in the upper, northern aspect of the Jacaranda mimosifolia (Jacaranda), which is growing in the rear yard of the adjoining property to the south, 54 Milroy Avenue, only where they overhang the common boundary into the subject site and need to be pruned in order to avoid damage to the tree, or; to provide a clearance during construction of the first floor as shown.

 

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

 

56.     All pruning must be undertaken by an Arborist who holds a minimum of AQF Level V in Arboriculture, and to the requirements of Australian Standard AS 4373-2007 'Pruning of Amenity Trees,’ and NSW Work Cover Code of Practice for the Amenity Tree Industry (1998).

 

Protection of trees in rear yard

 

57.     In order to ensure retention of the two established trees in the rear yard, being a Harpephyllum caffrum (Kaffir Plum), along the northern site boundary, as well as the Castanospermum australe (Queensland Black Bean) halfway across the rear (eastern) boundary in good health, the following measures are to be undertaken:

 

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

 

b.       The eastern edge of the proposed pool must be setback a minimum distance of 5 metres off the trunk of the Kaffir Plum (measured off its outside edge at ground level), with the pool surrounds to be setback at least 2.5 metres, as has been shown on the submitted plans, with a porous/permeable treatment to be used for the eastern edge of the pool.

 

c.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar in the rear yard, must be setback a minimum distance of 5 metres off the trunks of both trees.

 

d.       Any roots encountered during the course of the approved works must be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

 

e.       The ground levels within a radius of 4.5 metres of the trunks of either trees must be maintained as existing, with the ‘sculptural stone benches’ and associated landscape works needing to comply with this requirement.

 

f.        Both trees are to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located 3 metres to the west, south and east of the Kaffir Plum (measured off the outside edge of its trunk at ground level), matching up with the northern site boundary, and the same distance to the north, west and south of the Queensland Black Bean, matching up with the eastern site boundary, in order to completely enclose each tree for the duration of works.

 

g.       This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until such time as the landscaping/planting is being carried out, to which signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT REMOVE/ENTER".

 

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

 

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                                                                                                12 April 2011

 

 

Development Application Report No. D32/11

 

 

Subject:                  16 Greenwood Avenue, South Coogee

Folder No:                   DA/23/2011

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to dwelling including an upper level

Ward:                      East Ward

Applicant:                Kohen Enterprises

Owner:                         Kohen Enterprises

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


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 0.6:1 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.

 

1.    The Proposal

 

The application details alterations and additions to the existing dwelling to enlarge the existing ground level to provide for a revised floor plan layout, including a kitchen and living area at rear leading to a covered deck and an upper level comprising two bedrooms, two bathrooms, study and balcony to the rear. The existing carport to the front of the dwelling will be replaced with a light weight carport occupying the same area. The proposal will provide for 75m of additional floor area to the dwelling.

 

2.    The Subject Site and Surrounding Area

 

The subject site is on the northern side of Greenwood Avenue and has a frontage of 6.9m a depth of 35.05m and an area of 249m. The locality is residential and contains a mixture of semi detached and free standing dwellings.

 

3.    Community Consultation

 

The proposal has been notified in accordance with the DCP – Notification. No submissions have been received.

 

4.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

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

 

Clause 20E Landscaped area

Development other than for the purpose of a dwelling house within a 2A zone must provide a minimum of 40% of the total site area as landscaped area. The proposal complies with this clause with 41% of the site provided as landscaping.

 

Clause 20F Floor Space Ratios

The maximum floor space ratios for buildings other than buildings erected for the purpose of a dwelling house within 2A zones is 0.5:1. This proposal has a total floor space ratio of 0.6:1 which exceeds the maximum in the control and a SEPP 1 Objection to this standard has been lodged by the applicant for consideration.

 

Clause 20G Building Heights

The maximum height for a building other than a dwelling house within a 2A zone is 9.5m from any point on ground level with a maximum external wall height of 7m. The proposal complies with both these controls in this standard with an overall height of 7.3m and an external wall height of 7m.

 

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

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

 

Pursuant to Clauses 20F of RLEP 1998, the maximum FSR within 2A Zones is 0.5:1 respectively. The proposed variation is summarized in the table below:

 

 

Floor space ratio

Proposal

0.6:1 (149m2 )

LEP development standard

0.5:1 (125m2)

Excess above or less than the LEP standard

20% excess (24m2)

 

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

 

Matter 1

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

 

FSR - Clause 20F

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

 

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

 

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

 

The proposed development is commensurate in size and scale with many neighbouring developments.

 

The proposed development achieves the underlying objectives of the development standard, the development is compatible with the existing character of the locality, and the effects of bulk on neighbours, streets and open public spaces has been mitigated.

 

The proposed development complies with Council’s wall and building height controls, the front and rear setback controls, and the landscaping controls.

 

The orientation of the subject site is such that the proposal will result in minimal overshadowing to neighbouring properties.

 

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

 

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

 

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

 

Matter 2

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

 

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

 

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

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

 

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

 

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

 

Matter 3

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

 

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

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

 

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

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

Fifth

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

 

Comments:

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

 

5.2      Policy Controls

Development Control Plan Dwellings and Attached Dual Occupancies

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

41%

Yes.

25m² of private open space provided.

40m2 +

Yes

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

5.8m x 6.9m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

30%

Yes

Floor area

(Site area 249m2) maximum FSR 0.65:1 

0.61:1

Yes

Height, Form & Materials

External wall height maximum 7m

7m

Yes

Cut or fill maximum 1m.

No more  than 1m

Yes

No excavation within 900 mm of a side boundary.

Up to side boundaries

See below

No excavation within 4m of a rear boundary.

5.8m

Yes

 

Excavation for the addition will be up to the side boundary, conditions of consent are included with respect to ensuring that both the subject and adjoining sites are properly maintained during and after building works.

 

 

Building setbacks

Front setback average of adjoining dwellings or 6m

No change

Yes

Rear boundary setback at least 4.5m

5.8m to deck

Yes

Side setbacks be 900mm at ground level.

Up to eastern and up to 630mm from western side boundaries

See below

Side setbacks be 1.5m at second floor level.

Up to eastern side and 2300mm from western side boundaries

See below

 

The eastern boundary setback of the dwelling up to the side boundary maintains the party wall and fire separation between the two semi detached dwellings and will not result in any impacts to the amenity of that adjoining dwelling. In relation to the ground level setback this arises because of the addition maintaining the existing building line of the rear of the dwelling which is not parallel to the apparent boundary, in relation to the side fencing, with the actual boundary setback being less from that wall. There are no major objections to the side boundary setback not complying with the preferred solution of the DCP in that there will not be any significant impact upon light and ventilation to the adjoining property as there are no major windows within the corresponding wall of that dwelling with the primary rear northern orientation of the dwelling unaffected.

 

 

Privacy

The proposal will not result in any significant impact to the existing level of privacy to the adjoining dwellings as the upper level contains only bedrooms and bathrooms and the rear balcony  to bedroom 3 is entirely recessed which will prevent the direct overlooking into the adjoining properties.

 

 

Garages & Driveways

 

 

 

 

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

1 space

Existing levels of parking maintained by the replacement of the existing partially dilapidated carport with a new light weight style carport.

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

n/a

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

No reduction

Yes

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

Yes

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

No impact to solar collectors

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

Existing north facing windows to front of dwelling not affected by proposal

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

Slightly reduced, minimum access maintained

Yes

 

5.    Randwick Section 94A Development Contributions Plan

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200000

$ 315 000

1.0%

$ 3 150.00

 

6.    Environmental Assessment

 

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

 

Conclusion

 

That the application to carryout alterations and additions to the existing dwelling be approved subject to conditions.

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20F of Randwick Local Environmental Plan 1998, relating to floor space ratio on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 23/2011 for alterations and additions to the dwelling at 16 Greenwood Avenue, South Coogee subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered 001, 101, 102, 103, 201, 202, 301, 302, 303, all issue A, dated 11.01.11 and received by Council on the 18th January 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 (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.       Metal roof sheeting is to be pre-painted (e.g. colourbond) and form part of the colour scheme and external finishes for the development.

 

4.       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 $ 315 000 the following applicable monetary levy must be paid to Council: $ 3 150.00.

 

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.

 

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.

 

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 provide adequate provisions for access, transport and infrastructure:

 

32.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

33.     All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council’s Policy for “Vehicular Access and Road and Drainage Works” and the following requirements:

a)       All work on Council land must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

 

b)       Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to issuing an occupation certificate, together with payment of the relevant fees.

 

c)       If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

 

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

 

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

 

34.     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.

 

35.     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:

 

36.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

41.     That part of the naturestrip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicants expense prior to the issue of a final Occupation Certificate.

 

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                                                                                                12 April 2011

 

 

Development Application Report No. D33/11

 

 

Subject:                  35 First Avenue, Maroubra

Folder No:                   DA/53/2011

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to dwelling including a new upper level

Ward:                      Central Ward

Applicant:                Cape Cod Australia Pty Ltd

Owner:                         J Robertson

Summary

Recommendation:     Approval

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 

 

 

 

1.    Executive Summary

 

The application details alterations and additions to an “existing semi detached dwelling” to provide for a first floor addition. 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 0.65:1 and exceeds the maximum floor space ratio of 0.5:1, and an overall height of 9.935m and an external wall height of 8.6m which exceeds the maximum overall height of 9.5m and external wall height of 7m.

 

The application is referred to Council for determination as the proposal includes SEPP 1 Objections that exceed 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 and the external wall height of the building 7m.

 

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 existing dwelling including at basement level a new patio off the rear family room, the enlargement of the existing rear deck at the ground level and new doors from the rear of the dwelling to the deck and a new upper level comprising three bedrooms and two bathrooms.

The proposal will provide for 77m of additional floor area to the dwelling.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the south eastern side of First Avenue and has a frontage of 6.59m a depth of 42.775m and an area of 282m, the site falls steeply to the rear. The locality is residential and contains a mixture of semi detached and free standing dwellings.

 

4.    Community Consultation

 

The proposal has been notified in accordance with the DCP – Public Notification. No submissions have been received.

 

5.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

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

 

 

 

 

Clause 20E Landscaped area

Development other than for the purpose of a dwelling house within a 2A zone must provide a minimum of 40% of the total site area as landscaped area. The proposal complies with this clause with 55% of the site provided as landscaping.

 

Clause 20F Floor Space Ratios

The maximum floor space ratios for buildings other than buildings erected for the purpose of a dwelling house within 2A zones is 0.5:1. This proposal has a total floor space ratio of 0.65:1 which exceeds the maximum in the control and a SEPP 1 Objection to this standard has been lodged by the applicant for consideration.

 

Clause 20G Building Heights

The maximum height for a building other than a dwelling house within a 2A zone is 9.5m from any point on ground level with a maximum external wall height of 7m. The proposal has a maximum height of 9.935m and an external wall height of 8.6m, these heights exceed the control and a SEPP 1 Objection to this standard has been lodged by the application for consideration.

 

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

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

 

Pursuant to Clauses 20F of RLEP 1998, the maximum FSR within 2A Zones is 0.5:1 respectively. The proposed variation is summarized in the table below:

 

 

Floor space ratio

Proposal

0.65:1 (183m2 )

LEP development standard

0.5:1 (141m2)

Excess above or less than the LEP standard

30% excess (42m2)

 

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

 

Matter 1

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

 

FSR - Clause 20F

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

 

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

 

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

 

The variation sought is not significant and the proposed dwelling bulk and scale and floor space is consistent in size with existing adjoining and nearby lots that already accommodate existing similar size dwelling houses and three storey residential unit buildings.

 

The proposal is full compliant in relation to landscaping requirements.

 

The floor space ratio control is considered to be an unreasonable limit on smaller lots.

 

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

 

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

 

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

 

Matter 2

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

 

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

 

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

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

 

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

 

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

 

Matter 3

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

 

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

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

 

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

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

 

Fifth

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

 

Comments:

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

 

Pursuant to Clause 20G of RLEP 1998, the maximum height for a building other than a dwelling house within a 2A zone is 9.5m, with an external wall height of 7m. The proposed variation is summarized in the table below:

 

 

Maximum height and external wall height

Proposal

9.935m and 8.6m

LEP development standard

9.5m and 7m

Excess above or less than the LEP standard

435mm to maximum height control, excess 4.5% and 1.6m to external wall height, excess 25%

 

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:

 

External wall height 20G

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

 

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

 

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

 

Given the site topography, whilst the proposal is in part three storied it presents to the street as two storied and the minor part varying the encroachments being in the order of 210mm to a maximum of 435mm upon the overall height is considered minor and in keeping.

 

The non compliance with the sub design standard control being the external wall height limit is not that greater importance, as it does not greatly affect the bulk and scale of the development. With the proposal being compliant with the intent of the overall height standard and in keeping with the existing built form of the local area the external wall height non compliance being a numeric control and localised towards the rear, is not apparent from the public domain.

 

The proposal mirrors the form of development that has been carried out upon similar semis in the local area when viewed from the street, and therefore there is no doubt that the proposed bulk and scale of the development is consistent with the built form of the surrounding developments on these sloping sites.

 

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

 

The proposed development exceeds the maximum building height and external wall height however the degree of non compliance arises because of the fall of the site towards the street frontage only and not because of a specific design of the proposal. In addition the overall height and external wall height of the building is similar to other two storey dwellings on this side of First Avenue and it cannot be argued that this development will be substantially out of keeping with the established character of the locality.

 

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

 

Matter 2

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

 

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

 

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

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

 

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

 

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

 

Matter 3

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

 

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

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

 

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

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

The building height and external wall height 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 zoning is not considered to be inappropriate for the locality.

 

5.2      Policy Controls

Development Control Plan Dwellings and Attached Dual Occupancies

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

55%

Yes.

25m² of private open space provided.

57m2 +

Yes

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

6.285m x 9m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

22%

Yes

Floor area

(Site area 282m2) maximum FSR 0.65:1 

0.7:1

See below

 

The proposal does not comply with the preferred solution of the DCP, however in this instance there are no major objections as the resultant floor area of the dwelling will not be out of keeping with the established character of the immediate locality which contains dwellings of similar bulk and scale and therefore whilst the preferred solution is not complied with it can be demonstrated that the overall objectives and performance requirements of the DCP are satisfied.

 

 

Height, Form & Materials

External wall height maximum 7m

8.6m

No, see below

Cut or fill maximum 1m.

No more  than 1m

Yes

No excavation within 900 mm of a side boundary.

Up to side boundaries

See below

No excavation within 4m of a rear boundary.

More than 9m

Yes

 

The external wall height of the dwelling exceeds the preferred solution, the degree of non compliance arises to the rear of the site because of the fall of the site to the rear and not because of an inappropriate design or a design not in keeping with the nature of similar upper level additions to other dwellings in this street. Excavation for the addition will be up to the side boundary, conditions of consent are included with respect to ensuring that both the subject and adjoining sites are properly maintained during and after building works.

 

 

Building setbacks

Front setback average of adjoining dwellings or 6m

No change

Yes

Rear boundary setback at least 4.5m

9m

Yes

Side setbacks be 900mm at ground level.

Up to southern eastern and 900mm from northern side boundaries

See below

Side setbacks be 1.5m at second floor level.

Up to southern side and 900mm from northern side boundaries

See below

 

The southern boundary setback of the dwelling up to the side boundary maintains the party wall and fire separation between the two semi detached dwellings and will not result in any impacts to the amenity of that adjoining dwelling. In relation to the northern side setback from the upper level this varies from 900mm at the stairwell portion of the dwelling and 1700mm at the remainder. The degree of non compliance is not significant in the context of the overall development and because of the orientation of this site across the rear yards of the adjoining properties in The Causeway will not impede access to sunlight and fresh air to those dwellings.

 

 

Privacy

The proposal includes an extension of the lower ground level patio and a new deck to the ground level. Privacy will be maintained to the lower ground patio by the existing side boundary fencing and a 1800mm high timber privacy screen is proposed to the southern side of the ground level deck which will prevent direct overlooking to the adjoining property. The orientation of the ground level deck and distance between the private living areas of the adjoining properties to the northern side maintain a reasonable level of privacy. In relation to the upper level addition the proposal does not include an upper level balcony and the windows to the upper level all serve the bedrooms and bathrooms.

 

 

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

n/a

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

No reduction

Yes

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

Yes

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

No impact to solar collectors

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

Existing north facing windows to front of dwelling not affected by proposal

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

Slightly reduced

Yes

 

6.    Randwick Section 94A Development Contributions Plan

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200000

$ 330 057

1.0%

$ 3 300.55

 

 

 

7.    Environmental Assessment

 

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Conclusion

 

That the application to carryout alterations and additions to the existing dwelling be approved subject to conditions.

 

Recommendation

 

A.         That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20G & 20F of Randwick Local Environmental Plan 1998, relating to floor space ratio and building and wall heights respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.         That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 53/2011 for alterations and additions to the dwelling at 35 First Avenue, Maroubra subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered 7259, sheets 1-6, dated 31-01-11 and received by Council on the 2nd 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 consistent with the external finishes and colour schedule dated 20th January 2011, received by Council with the application on the 2nd February 2011.

 

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

 

Options may include one or more of the following measures:

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

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

 

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

 

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

 

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

 

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

 

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

 

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $ 330 057 the following applicable monetary levy must be paid to Council: $ 3 300.55.

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

·           Stormwater management (i.e. rainwater tanks)

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

·           Landscaping provisions

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·          Occupational Health and Safety Act 2000 & Regulations

·          WorkCover NSW Guidelines & Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

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

 

22.     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.

 

23.     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.

 

24.     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.

 

25.     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.

 

26.     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.

 

27.     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.

 

28.     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. 

 

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

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

 

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

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

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

 

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

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                12 April 2011

 

 

Development Application Report No. D34/11

 

 

Subject:                  74 Doncaster Avenue, Kensington

Folder No:                   DA/1128/2010

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Installation of car space to dwelling

Ward:                      West Ward

Applicant:                P Murphy

Owner:                         P &  M Murphy

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

 

1.    Executive Summary

 

The application is referred to the Planning Committee for determination at the request of Councillors Nash, Notley-Smith and Hughes.

 

The application details the installation of a car space to the front of a dwelling.

 

The main issues are the impact upon safe vehicular movements to and from the front of the property due to the car space not complying with the minimum Australian Standard, and that the car space may be the subject of stormwater inundation during major storm events.

 

The application is recommended for refusal.

 

2.    The Proposal

 

The application details the installation of a car space with overall dimensions of 2.5m x 5.5m to the front of the property accessed directly from Doncaster Avenue.

 

3.    The Subject Site and Surrounding Area

 

The site is on the eastern side of Doncaster Avenue and contains a single storey free standing dwelling which is within a group of dwellings that are listed as items under the Randwick LEP. The site has a street frontage of 8.22m, a depth of 39.27m and an area of 341m.

 

The surrounding area with the exception of the Racecourse is residential and contains a mixture of semi detached and free standing dwellings and multi unit housing development.

 

4.    Community Consultation

 

The proposal has been notified in accordance with the DCP – Public Notification. No submissions have been received.

 

5.    Technical Officers Comments

 

The application has been referred to the relevant technical officers and the following comments have been provided:-

 

5.1      Heritage Planner

The following comments have been received from Council’s Heritage Planner:

 

The proposed car space will affect an area of recently installed paving with minimal perimeter garden beds. No significant plantings will be affected and there will be no further impact on the garden setting of the dwelling. Subject to satisfactory design of the required vehicular gate, the proposal will not impact on the streetscape setting of Doncaster Avenue. An appropriate consent condition should be included. The proposed car space is in any case reversible in the future should circumstances and priorities change.

 

Two conditions have been recommended in relation to design and materials of the new gate and fence, and colour scheme.

 

5.2      Development Engineer

The following comments have been received from Council’s Development Engineer:

 

The subject site is located adjacent to a major overland flow path and will be subject to stormwater inundation during major storm events. Preliminary model outputs from the Kensington/Centennial Park Flood study currently being commissioned by Council have indicated a 1% flood level of 28.1 AHD for the site which translates to a typical depth of 0.5m -0.7m at the front of the property. Although the flood study is in a draft form and the results are very preliminary the flood levels are not expected to vary to such a degree that would enable the car space to be located above the 1 in 100 year flood level.

 

The car space will be inundated during major storm water events and the application cannot be supported by Development Engineering.

 

In addition, the car space does not comply with Australian Standard 2890.1 and Council’s DCP – Parking which requires a minimum width of 3.0m for car spaces enclosed on both sides as is the case in this application. The submitted plans indicate that only 2.5m is available and hence cannot be supported. Drivers and passengers will likely experience difficulty entering and existing vehicles. Even of the car space is considered a small car space this only results in it’s required width being decreased by 100mm to 2.9m (including clearance requirements) which will still result in the car space being non compliant. Therefore the car space cannot be supported.

 

Concerns were raised with the development application next door at No.72 Doncaster Avenue (DA/74/2010) regarding the location of the common boundary adjacent to the car space which could result in the approved car space being partially located on the adjoining property. An identical situation exists with this application the original subdivision plans have been submitted with this application which validates these concerns.

 

The subdivision plan (DP  11419) indicates that the common boundary with No.72 Doncaster  steps out into the driveway at the location of the car space by what appears to be about 1’ 7 ¼ “ (0.49) from the face of the wall. This was likely done to ensure the eaves of No.72 Doncaster were wholly located within their property. If the application is approved it will result in the car space being located by up to 0.49m on the property at No.72 Doncaster Avenue and hence cannot be supported by Development Engineering.

 

6.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

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

 

7.    Environmental Assessment

 

DCP – Parking

The proposed hardstand car space is 2.5m wide which is less than what is required by Council’s DCP for parking and the relevant Australian Standard 2890.1.2004 which requires that car spaces located between two enclosed walls, which in this case have a minimum of 3m.

 

Flooding Issues

Preliminary results from the Centennial Park Flood Study, currently being undertaken reveals that the subject site is likely to the affected by flooding during major stormwater events. The preliminary model output show a 1% flood level of 28.1m (AHD) in front of the subject site which equates to a water depth of about 0.5-0.7m. Consequently, Council’s Development Engineers have advised that given the floor study results, it will not be practical to install a car space in this position as it will be inundated during flood events.

 

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.

 

Conclusion

 

Given that the car space dimensions are inadequate and the car space may be subject to flooding it is recommended that the application to install a car space be refused.

 

Recommendation

 

That Council, as the consent authority, refuse development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 1128/2010 for the installation of a car space to the front of the property at 74 Doncaster Avenue, Kensington for the following reasons;

 

1.        The dimensions of the car space do not comply with the minimum dimensions of the Australian Standard 2890:1.2004 which requires that the minimum width of a car space where situated between two enclosed walls is 3m.

 

2.        The proposed car space is below an identified flood level and may be the subject of inundation during major stormwater events.

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                12 April 2011

 

 

Development Application Report No. D35/11

 

 

Subject:                  53 Irvine Street, Kingsford

Folder No:                   DA/262/2000/B

Author:                   GAT & Associates , Pty Ltd     

 

Proposal:                     Section 96 modification to the approved consent by deletion of condition numbers 10, 11, and 12 relating to alignment levels and civil works, provide new bathroom at ground floor level, increase external wall height, replace garage door with brickwall and new dormer windows

Ward:                      West Ward

Applicant:                Mr J Pillari

Owner:                         Mrs C M Pillari & Mr J Pillari

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

A Section 96 Modification has been submitted to Council which seeks to modify the approved two storey garage to the rear of the site as per DA/262/2000. It is noted that construction to part of the garage has already commenced on site however works have ceased in light of this application. The application was referred to a planning consultant to assess as an objection to the proposal was received from a Council Officer.

 

The modifications include the deletion of conditions 10, 11 and 12 relating to alignment levels and civil works, a revised ground floor plan and minor modifications to the first floor and elevations.

 

The proposal also seeks to provide for new vehicular access to the garage utilising the existing driveway crossing to Pardey Street.

 

During the notification period, six (6) submissions were received which raised issues primarily relating to the quality of the architectural plans, the potential overshadowing to adjoining dwellings, the proposed use of the garage was questioned, the visual impact of the development and issues of privacy were also raised.

 

An assessment of the proposal finds that the development is largely in accordance with the planning controls and guidelines applying to the 2A Residential Zone.

 

As part of the assessment process, Council requested that new clearly illustrated, dimensioned and labelled plans be submitted to allow for a complete and proper assessment of the application. Council required that the amended plans provide for additional detail with regard to the operation of the garage door and the proposed driveway dimensions to enable an assessment of manoeuvrability into the garage. It is noted that though a request was made for a decrease in wall height and the deletion of the shower, these issues were later resolved as detailed within this report.

 

The amended plans were subsequently submitted to Council. 

 

The development is considered suitable for the site and the proposed works will not adversely impact on adjoining properties.

 

The application is recommended for approval subject to conditions.

 

2.    The Proposal

 

The proposal involves the deletion of conditions 10, 11 and 12 relating to alignment levels and civil works as stated under the previous approval DA/262/2000.

 

Conditions 10, 11 and 12 read as follows:

 

“10. The design alignment level at the street boundary for driveways, access ramps, pathways and fences or the like, must be 80mm below the top of the kerb at all points opposite the kerb, along the full site frontage.

 

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

 

TRAFFIC CONDITIONS/CIVIL WORKS CONDITIONS

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

 

11. The applicant must meet the full cost for Council or a Council approved contractor to:

 

a) Construct a full width layback at kerb opposite the vehicular entrance to the site in Pardey Street.

 

b) Remove the redundant concrete layback to reinstate the area with integral kerb and gutter to Council’s specification.

 

ALIGNMENT LEVEL CONDITIONS

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

 

12. The design alignment levels issued by Council and their relationship to the kerb must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to”.

 

In addition, a new bathroom, including shower is proposed at ground floor level along the northern wall. Glass bricks are proposed to these rooms to allow for natural light. It is noted that the location of these glass bricks have been incorrectly marked on the elevation plan.

 

The approved garage door along the southern wall is to be removed and bricked up and a new garage opening created along the western elevation to improve vehicular access to the site, in view of the narrow road width at this section of Pardey Street in the event a car is parked on the opposite side of the garage. The existing driveway crossing off Pardey Street will thus be retained.

 

The approved dormer windows along the western elevation and the approved first floor window along the southern elevation are to be increased in size.

 

An increase is also proposed to the overall external wall height by 100mm being lower than that exhibited by the plans associated with the Section 96. The applicant elected to amend the plans to overcome Council and the objector’s concerns.

 

The garage, which is partially built, will be constructed of brick with cement panelling above the garage. A metal roof is proposed.

 

A sliding gate on a track system is to be operated by electronic motor and will form the garage door. This door when open will slide to fit between the wall of the building and the internal staircase.

 

No additional floor space is proposed as part of this proposal.

 

There is no change proposed to the approved setbacks or to the overall ridge height.

 

The applicant has sought that the shower be retained as part of the amended scheme. The request for its deletion by Council was based on ensuring that the outbuilding could not be used as a separate dwelling. Given that the applicant has rightly stated that the upper level can not be used for habitable purposes, the retention of the shower is considered acceptable. This also links to the imposition of the existing condition that restricts the use of this outbuilding as a dwelling.

 

 

 

 

 

3.    The Subject Site and Surrounding Area

 

The site is located on the eastern side of Irvine Street, Kingsford and adjoins Pardey Street to the south being the corner lot. The site is zoned Residential 2A and is adjoined by residential dwellings.

 

The property contains an existing single storey, free standing dwelling with a frontage to Irvine Street. To the centre of the site is a detached two storey studio, including a rumpus room at ground floor level.

 

The approved garage under DA/262/2000 has been partially constructed to the rear of the site. It is understood that all works have since ceased as part of this application.

 

The site has a frontage to Irvine Street of 9.144 metres and a secondary frontage of 61.15 metres to Pardey Street. The site is rectangular in shape. The submitted site plan shows the site has an overall area of 559.16m².

 

Irvine and Pardey Streets contains a mix of single and two storey dwellings. The broader area is residential and the predominant built form is of two storey free standing dwellings.

 

4.    Site History

 

The dwelling and studio have existed on site for many years. There is no site history which affects the proposed development.

 

Property Applications:

BA/901/1965      Alterations and additions

BA/111/1966      Awning

DA/1273/1999    New double garage with storage over to rear of existing dwelling

DA/2/2003                Construction of a portico with a pitched roof and fencing along Pardey Street

DA/262/2000     Detached double garage with storage over and enclose existing awning to the rear of an existing dwelling.

DA/262/2000/A  Section 96 application to modify the consent by deletion of conditions 10, 11 and 12 relating to alignment levels and civil works, new bathroom facility in garage and replacing existing garage door with brick wall; and retain existing driveway for access to garage. Original consent: Detached double garage with storage over and enclose existing awning to the rear of an existing dwelling.

DA/262/2000/B   Section 96 modification to the approved consent by deletion of condition numbers 10, 11 and 12 relating ti alignment levels and civil works, provide new bathroom at ground floor level, increase external wall height, replace garage door with brickwall and new dormer windows. Original consent: Detached double garage with storage over and enclose existing awning to the rear of an existing dwelling.

 

5.    Community Consultation

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification. As a result of this notification, the following submissions were received:

                              

1.  1 Pardey Street

2.  1A Pardey Street

3.  1B Pardey Street

4.  2 Pardey Street

5.  51 Irvine Street

6.  7 Pardey Street

 

Issue

Comment

The submitted plans are unclear and appear to lack detail.

As part of the assessment process, Council required that new clearly illustrated, dimensioned and labelled plans be submitted to allow for a complete and proper assessment of the application.

 

These plans were subsequently submitted by the applicant with the appropriate detailing included.

 

It was regarded that re-notification of these plans was unnecessary as the plans substantially reflected the same development as notified. In fact, the wall heights were reduced to reflect the concerns raised by the objectors and are in fact only 100mm greater than the approved wall heights.

It was raised that the proposed modifications to the garage, namely the proposed increases to the external wall height and first floor windows would allow the space to be used as a separate living residence.

Reference has been made to the Building Code of Australia with regard to the applicable floor to ceiling heights within an attic space to warrant a living space. The plans have been amended that reduces the wall height to only 100mm greater than previously approved.

 

As the proposed floor to ceiling height, as indicated on the submitted plans does not provide for a height of 2.2 metres for more than two thirds of the area, the room cannot be classified as a habitable room or used for such purposes under the Building Code of Australia.

 

To also overcome this concern, a condition of consent has been included as part of the development approval prohibiting the use of the building its use as a separate residence.

Increased wall height is unnecessary for storage space.

The proposal now provides for a minor increase to the overall wall height of the building.

 

It is noted that the proposed wall height of 3.5 metres is compliant with the relevant standards of the Randwick Development Control Plan with regard to the external wall heights of buildings or additions to the rear.

No plumbing or electrical details were submitted.

As a condition of consent, these plans will be required to be submitted prior to the issue of a construction certificate.

Privacy concerns due to increased size of first floor window to southern elevation.

The siting of the first floor window to the southern elevation overlooks Pardey Street and accordingly the front yards of those properties located along the southern side of Pardey Street .

 

As such the status quo is maintained from the approved scheme between the subject property and neighbouring dwellings. The suggested impact to privacy is considered negligible given this space is being used for storage purposes and looks out onto the road rather than rear private courtyards.

The two storey garage will be a dominant element in the street.

 

The proposed solid brick wall to the eastern elevation will present as an eyesore given its prominent location looking out to Pardey Street.

It is noted that a garage with additional storage space was previously approved under the original application and that the current proposal provides for modifications to this approval.

 

Subsequent to the original plans being notified, the proposal now provides for an increase to the external wall height of 100mm to a height of 3.5 metres which is compliant with Council’s standard. The overall ridge height of the structure remains as approved. Therefore there is no significant material change to the buildings appearance from a massing or scale perspective.

 

As part of the previous approval, the existing and/or upgraded rear fence is to be retained and two lattice panels having minimum dimensions of 3m x 1m are to be attached to the wall in accordance with the details submitted to Council on the 13 April 2000. Climbing plants will be provided between the eastern wall of the garage structure and the rear boundary to effectively climb the latticework and thereby reduce the visual appearance of the structure as viewed from Pardey Street . This has been imposed as a condition of consent, being Condition 8.

Although the door to the garage will be bricked up, the retention of the side boundary fence will also screen the brick wall from the street.

The proposal will decrease the amount of available open space within the site.

Issues relating to private open space requirements have been previously considered under the original approval and were deemed to be satisfactory. The proposed modification does not alter the approved building footprint. It is also noted the proposal still provides for landscaping above the minimum requirement of 40%, being 58%.

The proposal will result in an overdevelopment of the site.

The original application considered the merits of the application with regard to floor space ratio.

 

As this Section 96 application has no change to the approved floor area, the development is considered to be reasonable. This position is also supported by the changes to the plans that reduces the overall wall height to be within 100mm of the approved heights.

No shadow plans were submitted.

The proposal provides for a minor increase to the external wall height, being 100mm. Therefore it is considered that any change to shadowing will be minimal and is unlikely to impact adjoining dwellings.

 

In addition, it is noted that the roof ridge which casts the shadow will not be altered in terms of its approved height.

Original approval was made in 2000 but works were not commenced until 2010.

Council records indicate than an inspection was carried out on site prior to the lapsing of the original consent. Thus the consent has been acted upon which preserves the consent.

 

6.    Technical Officers Comments

 

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

 

A Section 96(2) application has been received to modify the approved consent by deletion of conditions 10, 11, and 12 relating to alignment levels and civil works, provide new bathroom at ground floor level, increase external wall height, replace garage door with brick wall and new dormer windows.

 

 Original consent: Detached double garage with storage over and enclose existing awning to the rear of an existing dwelling at the above site.

 

This report is based on the following plans and documentation:

·      Amended plans dated January 2011;

 

Conditions 10,11,12 are engineering conditions relating to the construction of the new vehicle crossing.

 

Driveway Comments

The applicant states they will be using the existing driveway for vehicular access.

An analysis of car sweeping paths using the B-85 design template in Australian Standard 2890.1:2004 has indicated that although some manoeuvring may be tight, satisfactory access can be achieved into the garage carspace via the existing vehicle crossing (see plan by Development Engineer). There is therefore no objection to the proposed western vehicular access.

 

There is no objection to the deletion of conditions 10, 11, 12 in DA consent 262/2000.

 

There are also no additional conditions required by Development Engineering.

 

It should be noted that although these comments relate to the exhibited plan the amendments have not altered the access arrangement and thus these comments are still relevant to this application.

 

7.    Master Planning Requirements

 

No Master Planning requirements apply to the subject site.

 

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998

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

 

“(1) The objectives of Zone No 2A are:

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

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

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

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

(e)  to encourage housing affordability, and

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

 

(2)  Development for the purpose of the following does not require development consent:

 

Bushfire hazard reduction; Public utility undertakings; Recreation

 

(3)  Development for the purpose of the following requires development consent:

 

Attached dual occupancy; Bed and breakfast accommodation; Boarding houses; Child care centres; Communication facilities; Community facilities; Dwelling houses; Earthworks; Educational establishments; Health consulting rooms; Home activities; Outdoor advertising; Places of worship; Public transport; Recreation facilities; Roads

 

(4) Any development not included in subclause (2) or (3) is prohibited”.

 

It is considered that the proposal is consistent with objectives (a), (b), (c) and (f) of the zone. The proposal retains the low density residential environment within Irvine and Pardey Street. The development will not alter the predominant scale of the development in the area, which is predominantly single and two storey residential dwellings and associated outbuildings. The proposed works will not compromise the amenity of adjoining properties as there will be no adverse impacts to privacy or overshadowing as detailed in this report. The proposal seeks to increase the storage area within the roof space and to relocate the garage door.

 

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

 

In terms of permissibility, dwelling houses and accordingly associated outbuildings such as a garage are permissible in the 2A Residential Zone with Council consent. Therefore the proposed modifications to the approved garage are permissible with consent.

 

Clause 20B – Minimum Allotment Sizes

Clause 20B requires a minimum site area of 400m2 for land in Zone No. 2A. In addition, sites are required to have a frontage of at least 12 metres. However, subclause (5) does not prohibit the erection of a dwelling house within Zone No 2A, 2B or 2C on an allotment of land that existed as a separate allotment on the appointed day.

 

The site has an area of 559.16m2 (from survey) and a frontage of 9.144 metres to Irvine Street. The site was subdivided and developed for residential purposes many years ago. This current proposal does not alter the site area or frontage. No further subdivision of the site is proposed. Given subclause (5) as stated above, the proposed works are not prohibited.

 

Clause 20E – Landscaped Area

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

 

Clause 20F – Floor space ratios

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

 

Clause 20G – Building Heights

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

 

Clause 22 – Services

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

 


Clause 43 Heritage Conservation

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

 

8.1 Policy Controls

 

a.   Development Control Plan Dwelling Houses and Attached Dual Occupancies

The DCP for Dwelling Houses and Attached Dual Occupancies makes reference to associated out buildings, such as a garage within the plan. As this proposal is specific to the previously approved garage, only the relevant controls will be considered.

There is no change proposed to the approved floor area or setbacks.

 

Landscaping

Clause

Preferred Solution

Proposed

Y/N

S1

40% of site provided as landscaped area

A new driveway is proposed within the rear yard providing access to the new garage opening. However the landscaped area will continue to occupy 58% of the site which exceeds the 40% requirement.

Yes

S1

25m² of private open space provided per dwelling.

The rear yard is approximately 84m2 in size.

Yes

S1

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

Rear yard is approximately 9.20m x 9.14 m and is level.

Yes

S1

Open space to be located behind the building line.

The private open space is located in the rear yard.

  Yes

S6

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

The site provides for approximately 129.84m2 of soft landscaped area. This is equal to 23.2% of the site area.

Yes

 

Height, Form & Materials

 

Preferred Solution

Proposed

Y/N

S1

External wall height of buildings or additions to the rear is to be a maximum 3.5m.

The proposed increase to the external wall as approved by 100mm will result in an overall wall height of 3.5 metres. 

Yes

 

Visual & Acoustic Privacy

 

Preferred Solution

Proposed

Y/N

S1

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

As per Condition 6 of the original approval (DA/262/2000), the garage shall not be let, adapted or used for separate occupation or commercial purposes.

 

As the garage will be used for the purposes of car parking at ground floor and storage (at first floor), there will be no impact to visual and acoustic privacy.

 

The approved and enlarged dormer windows are orientated towards the subject site and so the proposed increase to the size of these windows will not result in any impact to visual or acoustic privacy. The increased size of the window to the southern elevation will also have no impact to the adjoining properties as detailed within the issues raised by the objectors.

N/A

S1

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

S1

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

 

Garages & Driveways

 

Preferred Solution

Proposed

Y/N

S1,2

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

The approved floor area of the garage will remain.

Although the garage will now provide for one internal space, a second space can be provided informally within the driveway area, within the property. The provision of this space still allows, given a driveway is excluded from the landscaped area calculation, compliance with Council’s landscaped area. Thus, two spaces are still provided on site.

Yes

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

Car spaces will comply these dimensions.

Yes

Driveway minimum width of 3m and side setback 1m

Minimum width of driveway is 3 metres.

Yes

Driveway maximum width of 3m at the boundary.

The maximum width of the driveway is 3.75 metres at the boundary and is existing. Accordingly this is considered acceptable.

Yes

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

Complies.

Yes

Garages and carports to rear lanes set back 1m.

N/A

N/A

Parking and access is provided from the rear.

N/A

N/A

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

The location of the garage as approved under the previous application is located within the rear yard with access from Pardey Street.

 

Proposal seeks to relocate the entrance of the garage within the rear yard to improve manoeuverability from the street to the garage. Accordingly the southern wall to Pardey Street is to be bricked up and a new opening is proposed to the western wall.

 

The existing Colorbond fence is to be retained along Pardey Street which minimizes the walling effect of the bricking up of the original door.

Yes

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

Driveway and garage (as viewed from Pardey Street) will occupy approximately 6% of the frontage.

Yes

 

Fences

 

Preferred Solution

Proposed

Y/N

 

Sandstone fences and walls are retained/recycled.

No sandstone fences or walls are on the site.

N/A

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

The existing front fence will not be altered.

N/A

 

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

The existing front fence to Irvine Street will not be altered. The existing fence to Pardey Street , being the secondary frontage will include a new auto sliding gate set within the existing driveway opening.

Yes

 

8.2   Council Policies

 

Section 96(2) ‘Other modifications’

Comments

Section 96(2)(a) - The development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all).

The development provides for minor amendments including a minor increase to the external wall height, relocation of the garage opening, the approved dormer windows are to be enlarged in size and the inclusion of bathroom facilities.

 

The building footprint will not be altered in terms of its floor area and no changes are proposed to the approved setbacks.

 

Accordingly the development is substantially the same development.

Section 96(2)(b) - It has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent.

N/A

Section 96(2)(c) - It has notified the application in accordance with:

 

the regulations, if the regulations so require, or a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent.

 

The application was placed on public exhibition in accordance with Council’s DCP – Public Notification.

Section 96(2)(d) - it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.

 

Subsections (1) and (1A) do not apply to such a modification.

Six (6) submissions were received in response to the public exhibition. The issues raised in the submissions have been addressed in this report.

 

9.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

 

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

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

 

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

Not applicable.

 

 

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

The applicable clauses of the Environmental Planning and Assessment Regulation 2000 have been considered as part of the development application.

 

Appropriate standard conditions are recommended to address the relevant clauses of the Environmental Planning and Assessment Regulation 2000. 

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

The environmental impacts of the proposed development on the natural and built environment are considered acceptable as assessed within the body of this report.

 

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

As canvassed within the report, it is considered that proposed modifications are suitable. Consideration has been given to impacts of the proposal on the site and adjoining properties. There are no known constraints which would render the works unsuitable.

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

The application was placed on public exhibition in accordance with Council’s DCP – Public Notification. Six (6) submissions were received in response to the public exhibition. The issues raised in the submissions have been addressed in this report. Accordingly, the public exhibition process has been satisfied and the proposed development is considered satisfactory.

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

It is not considered that the proposal will result in adverse impacts to the local community.

 

Accordingly, the proposal is considered satisfactory in public interest terms.

 

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.

 

Conclusion

 

The application satisfies the relevant assessment criteria and is recommended for approval subject to the attached conditions of consent.

 


 

Recommendation

 

That Council's as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/262/2000/B for permission to delete condition numbers 10, 11, and 12 relating to alignment levels and civil works, provide new bathroom at ground floor level, increase external wall height, replace garage door with brickwall and new dormer windows Original consent: Detached double garage with storage over and enclose existing awning to the rear of an existing dwelling for 53 Irvine Street, Kingsford  in the following manner:

 

Amend Condition 1 to read:

The development must be implemented substantially in accordance with the untitled plans numbered, dated 21st March 2000   and received by Council on 21 March 2000, the application form and on any supporting information received with the application, as amended by the Section 96 plans dated 6th March 2011   and received by Council on 7th March 2011, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                12 April 2011

 

 

Development Application Report No. D36/11

 

 

Subject:                  6 Gordon Avenue, Coogee

Folder No:                   DA/1012/2010

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Demolition of existing structures on site and construction of a part 2/part 3 storey dwelling with detached double garage, swimming pool, landscaping and associated works

Ward:                      North Ward

Applicant:                J Bonic

Owner:                         J Bonic & C A Bonic

Summary

Recommendation:     Approval subject to conditions

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

This development application is referred to the Planning Committee at the request of Councillors Matson, Woodsmith and Hughes.

 

The subject application was notified from 22 November to 6 December 2010 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of nine (9) submissions were received at the conclusion of the public consultation process. The issues raised in the submissions are primarily related to development density, building height, setbacks, bulk and scale, view loss, solar access, visual and acoustic privacy, traffic and parking and reduction in property values.

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended.

 

The subject site is zoned Residential 2A under RLEP 1998 (Consolidation) and dwelling house development is permissible with Council’s consent. The proposal is considered to satisfy the aims of the LEP and the specific zoning objectives in that the development will deliver a detached dwelling house and is consistent with the desired character for the locality.

 

The proposal has an FSR of 0.64:1, which exceeds the preferred solution of the DCP – Dwelling Houses and Attached Dual Occupancies by 0.14:1 or 97.6m2 gross floor area. The proposed external wall height reaches up to 8.4m and exceeds the preferred solution by 1.4m. Notwithstanding, the development scheme has incorporated suitable design measures to minimise the visual scale and bulk of the structures, and is suitable to the sloping topography of the site.

 

The building height, setbacks, landscaped open space provision and parking arrangement of the development comply with the objectives and performance requirements of the DCP and are considered to be satisfactory.

 

The proposal has included adequate privacy protection measures, such as external screens, planter boxes and minimisation of side windows, and will not create detrimental impacts on the amenity of the adjoining dwellings.

 

The proposal has implications on the distant water views currently obtained from developments on the western side of Beach Street as well as the public domain in Quail Street. The potentially affected residential properties have been inspected and the view sharing issues have been fully assessed. The proposal will not generate any significant impacts on the water views presently available to the dwelling units at No. 54 Beach Street.

 

The townhouses at No. 52 Beach Street are oriented towards Quail Street. The front balconies and courtyards of the aforementioned development are oriented to the south and only capture highly oblique glimpses of the ocean through the established vegetation in the area. Although the proposal is expected to obstruct the existing water glimpses from the front yard areas of the townhouses, the degree of the impact is considered to be minor given the restricted nature of the views.

 

The public domain in Quail Street presently enjoys restricted views of the distant ocean via the gaps of the existing buildings and street trees. It is anticipated that the distant water views from the western end of Quail Street will not be affected. As one approaches closer to the eastern end of the street, the distant views will be obstructed by the proposed development. The views in question only contain a small amount of general water element. They are significantly restricted by existing buildings and vegetation in the locality, and do not constitute unbroken panoramic views. Although their retention is desirable, the nature of the view is by no means iconic having regard to the planning principle. Accordingly, the anticipated view loss is considered to be within reason.

 

It is considered that the proposal is skilfully designed and will achieve satisfactory view sharing with the nearby properties.

 

The proposal has shadow implications on the adjoining properties to the south at No. 59 Beach Street and No. 8 Gordon Avenue. The development scheme has staggered the building footprints so that the south-western section of the site is reserved as open areas. The above design approach has maximised solar access to the aforementioned neighbours. The northern courtyard areas of No. 59 Beach Street will be significantly overshadowed on the winter solstice. Notwithstanding, the shadow condition is critically attributed to the restricted allotment size and the existing building footprints of No. 59 Beach Street itself, as well as the east-west orientation of land parcels within the subject urban block. The proposal will retain direct sunlight throughout the day in midwinter to the north facing balcony and windows at the first level of No. 59, and is considered to be reasonable having regard to the retention of sunlight for the neighbours.

 

A special condition is recommended to require the internal width of the garage to be reduced, and to reconfigure the timber gate on the western boundary of the site. The above measures aim at reducing the amount of demolition of the sandstone retaining walls currently defining the property boundary. It is considered that the form and materials of the garage will not unreasonably impact on the visual continuity of the existing sandstone wall on the Beach Street frontage of the subject and adjoining sites, subject to the above recommended condition.

 

The proposed development meets the objectives and performance requirements of relevant State and Local planning controls and is recommended for approval subject to conditions.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 2 in DP 305688, No. 6 Gordon Avenue, Coogee. The site has dual frontages to Gordon Avenue and Beach Street. The land slopes from the west to the east with a fall of approximately 6m. The dimensions and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern, side boundary

42.905m

686.7m2

Southern, side boundary

50.30m

Eastern, Gordon Avenue boundary

16.315m

Western, Beach Street boundary

15.24m

 

At present, the site is occupied by a single-storey dwelling with a detached garage at the rear fronting Beach Street.

 

The site is adjoined to the north by a two-storey dwelling house (No. 4 Gordon Avenue). The neighbouring land to the south has been subdivided and contains two detached dwellings (No. 8 Gordon Avenue and No. 59 Beach Street). The western side of Beach Street, immediately to the south of its intersection with Quail Street, accommodates three residential flat buildings (Nos. 54, 56 and 58 Beach Street) with detached dwellings located further to the south. The urban block defined by Gordon Avenue, Beach Street and Moore Street is predominantly characterised by low density detached residential developments.

 

1. Existing dwelling on the subject site as viewed from Gordon Avenue

2. Adjoining dwelling to the north at No. 4 Gordon Avenue

3. Adjoining dwelling to the south-east at No. 8 Gordon Avenue

4. Existing dwelling to the south-west at No. 59 Beach Street

 

Aerial view of the subject site and surrounding built environment

 

3.      The Proposal

 

The proposed development includes the following components:

 

·      Demolition of existing structures on site.

·      Construction of a part 2- and part 3-storey detached dwelling.

·      Construction of a detached garage fronting Beach Street for 2 vehicles.

·      Construction of retaining walls and boundary fencing.

·      Installation of a swimming pool.

·      General landscape works.

 

4.      Site History

 

4.1    Plan amendments

At Council’s request, the applicant submitted revised drawings on 17 February 2011, which include the following amendments:

 

·      Reduction of the overall height of the building by 300mm. The parapet height of the south-western section of the dwelling is reduced by an additional 200mm.

·      Lowering of the garage roof by 500mm.

·      Installation of privacy screen on the northern elevation of the balcony attached to Bedroom 1.

·      Widening of the planter boxes to Balconies 2 and 3 to 1000mm.

·      Provision of design details relating to the height and profile of retaining walls and fencing.

·      Plotting of window locations and sill height data of the adjoining dwellings on the floor plans.

·      Provision of details relating to the configuration and operation of external window shutters.

·      Revised shadow diagrams and exterior colours / finishes schedule.

 

The amended design scheme forms the subject of this assessment.

 

5.      Community Consultation

 

The subject application was notified from 22 November to 6 December 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:

 

·      3/52 Beach Street, Coogee

·      6/52 Beach Street, Coogee

·      1/54 Beach Street, Coogee

·      3/54 Beach Street, Coogee

·      4/54 Beach Street, Coogee

·      54 Beach Street, Coogee (unit number undisclosed)

·      59 Beach Street, Coogee

·      4 Gordon Avenue, Coogee

·      Philip Leamon & Associates on behalf of owners of 8 Gordon Avenue, Coogee

 

Additional submissions from the following properties are received following the lodgement of amended plans:

 

·      No. 4 Gordon Avenue, Coogee

·      No. 8 Gordon Avenue, Coogee

 

The issues raised in the submissions are addressed as follows:


 

Issues

Comments

The proposal has an excessive building height and does not comply with Council’s planning controls.

The proposed building height is considered to be satisfactory. Refer to the “DCP” section of this report for details.

The proposed building has an excessive bulk and will adversely impact on the streetscape.

The scale, proportions and massing of the proposed dwelling are considered to be satisfactory and will not adversely impact on the streetscape. Refer to the “DCP” section of this report for details.

The proposed development will obstruct water views currently available to the residential properties on the western side of Beach Street.

 

The proposed development will obstruct water views currently available to the public domain in Quail Street.

 

The proposal will not improve the amount of water views currently available to 4 Gordon Avenue.

The proposal will not result in unreasonable view loss impact on the nearby residential properties and the public domain. Refer to the “DCP” section of this report for details.

The development scheme has not provided sufficient side setbacks and does not comply with Council’s planning controls.

 

The inappropriate side setbacks will adversely affect natural ventilation of the adjoining dwellings.

The proposed building setbacks are considered to be satisfactory. The proposal will not obstruct natural ventilation to the adjoining dwellings. Refer to the “DCP” section of this report for details.

The proposal will result in unreasonable overshadowing of the adjoining properties.

The proposal will not result in unreasonable shadow impacts on the adjoining dwellings. Refer to the “DCP” section of this report for details.

The side windows and balconies of the proposed dwelling will overlook the windows and private open space of the adjoining properties.

 

The proposed balconies will generate significant noise impact on the neighbouring dwellings.

The proposal will not result in unreasonable privacy and noise impacts on the adjoining dwellings. Refer to the “DCP” section of this report for details.

The proposed swimming pool and associated pumping device will generate a significant level of noise.

A standard condition is recommended to ensure any plant and machinery on the site will not generate an offensive noise.

The proposed double garage and driveway will reduce kerb side parking in the area.

The proposal involves the construction of a single dwelling with parking for 2 vehicles only. The parking provision achieves full compliance with Council’s DCP control.

 

The development will require a double-width driveway to allow efficient vehicular movements into and out of the site, and will reduce one kerb side parking space. The reduction in on-street parking is considered to be minor in nature and will not result in a significant impact on the locality.

The proposal will generate a significant amount of vehicular traffic and noise.

The proposal involves the construction of a single dwelling with parking for 2 vehicles only. The development will not generate significant additional traffic and noise that adversely affect the neighbourhood amenity.

The proposal involves removal of trees from the site and it is unclear as to whether replacement planting will be provided.

The application includes a detailed landscape plan, which shows the provision of adequate deep soil planting along the perimeter of the site. The landscaping will provide a green ambience to the building.

Council has previously approved poorly designed developments that detrimentally affect the neighbourhood amenity.

This allegation is not relevant to the consideration of the subject development proposal.

The proposed development will adversely affect the general well being of the local community.

The proposal will not result in detrimental amenity impacts on the adjoining and nearby properties. There is no evidence to support the allegation that the general well being of the community will be affected.

The proposed development will reduce values of the surrounding residential properties.

Variations in property values are not considered to be a valid objection on town planning grounds.

 

6.      Technical Officers Comments

 

6.1    Development Engineering

The comments provided by Council’s Development Engineering Section are extracted below:

 

Landscape Comments

The only established vegetation within this site was observed to be in the rear yard, along the southern boundary, near the southwest corner of the site, being a mature Pittosporum undulatum (Native Daphne), which while serving a screening function between the subject sites area of private open space and neighbouring property to the south, as well as being a native species, is not a significant specimen in anyway, and as such, can be removed and replaced as part of the works.

 

This site is located within the Foreshore Protection Area, with the submitted landscape plan incorporating the use of suitably selected and located native coastal species which will assist in incorporating the new dwelling into the surroundings.

 

Drainage Comments

Stormwater runoff shall be piped to a sediment/silt arrestor pit that drains to Council’s kerb and gutter.

 

Due to the site location and ground conditions, near Gordons Bay, a 5sqm infiltration pit is not required for this application.

 


7.      Master Planning Requirements

 

The site has a land area of 686.7m2 and a master plan is not required.

 

8.      Relevant Environmental Planning Instruments

 

8.1    Randwick Local Environmental Plan (RLEP) 1998 (Consolidation)

The site is located within Zone No. 2A (Residential A Zone) under RLEP 1998 (Consolidation). The proposal is consistent with the aims of the LEP and the specific objectives of the 2A Zone, in that the development will deliver a single detached dwelling, which is compatible with the predominant and desired character of the locality.

 

The following clauses of the LEP are relevant to the proposed development:

 

Clause

Requirement

Proposal

Compliance

22 Services

Adequate facilities for supply of water, disposal of sewage and drainage are required to support a proposed development

The provision of utility and civil services will be required by appropriate conditions of consent.

Complies, subject to conditions

29 Foreshore scenic protection area

Council to consider the probable aesthetic appearance of the proposed building in relation to the foreshore

The proposed built form is appropriately modelled to respect the natural topography of the site and maximise solar access to the southern neighbours.

 

The building facades are suitably articulated with window openings, terraces and a combination of surface claddings and finishes, which will minimise the visual scale of the structures as viewed from the private and public domain.

 

The proposed colour scheme adopts a light tone palette, highlighted by natural timber and ramped earth, which is appropriate to the character of the locality.

 

The proposal has an aesthetic appearance that will not be detrimental to the visual qualities and amenity of the coastal foreshore.

Complies

40 Earthworks

Council to consider the likely impact on the existing drainage patterns and soil stability in the locality, and the effects of the proposed works on the likely future use or redevelopment of the land

The proposal involves excavation of up to approximately 1000mm and 1800mm to accommodate the lower ground floor and outdoor swimming pool respectively. The northern and southern setback areas will also be backfilled by approximately 1500mm and 700mm respectively.

 

The application has been referred to Council’s Development Engineer for assessment. It is considered that the proposal will not adversely impact on the drainage pattern and use of the land, subject to the recommended engineering conditions.

 

Standard conditions are also recommended to ensure that suitable soil retention and erosion control measures are undertaken during works on the site.

 

Therefore, the proposal is considered satisfactory in this regard, subject to the recommended conditions.

Complies, subject to conditions

 

Clause 43 Heritage conservation

To the north of the subject site at No. 2 Gordon Avenue is a heritage item listed under the LEP (Inventory No. 274). Further to the north at No. 45-51 Beach Street is another heritage item which is known as “Cliffbrook” (Inventory No. 090). Given the degree of spatial separation, the proposed development is not considered to have any material impacts on the heritage significance of the aforementioned items.

 

The western (Beach Street) boundary of the site is presently defined by a sandstone wall. The sandstone wall extends along Battery Street and Beach Street, past the rear frontages of Nos. 2, 4 and 6 Gordon Avenue as well as No. 59 Beach Street.

 

The proposal will replace the existing single garage with a double garage and an additional section of the sandstone wall will need to be removed. However, the remaining portions of the wall, with a combined length of approximately 7.3m, will be retained.

 

At present, the sandstone wall in question does not carry any heritage listing under RLEP 1998 (Consolidation). However, there is a previous Conservation Management Plan prepared for the site by Donald McPhee in 1993, which suggests some historical values to the walls:

 

The walls represent two important phases in the history of the site – the west wall is contemporary with the original “Cliffbrook” in the 1860’s; the north wall and buttresses to the west wall represent a state of the improvement to the estate of “Cliffbrook” between 1883 and 1893.

 

The walls exhibit variations in workmanship and materials employed for stone masonry over a span of at least 60 years (1860’s to 1920’s).

 

In relation to the subject proposal, it is considered that the provision of a double garage is not an unreasonable element in a comprehensive redevelopment of the site. In fact, there are already a number existing garages on the eastern side of Beach Street. More importantly, the form and materials of the garage are compatible with the character of the wall and the proposed changes will not detrimentally affect the visual continuity of the wall alignment.

 

Based on the submitted drawings, it is considered that additional portions (in the order of approximately 800mm) of the sandstone wall could be retained by reducing the width of the garage slightly and reconfiguring the timber gate leading to the rear stairs. These measures are recommended to be imposed as special consent condition. A further condition is recommended to require an appropriately experienced stone mason to carry out any works to the wall.

 

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

SEPP: BASIX apples to the proposed development. The development application is accompanied by BASIX Certificate numbered 341755S_02. The commitments listed in the above certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

9.      Policy Controls

 

9.1    Randwick Development Control Plan (RDCP) Dwelling Houses and Attached Dual Occupancies

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

 

Landscaping

 

Preferred Solution

Assessment

S1

40% of the total site area (274.7m2) is provided as landscaped area.

48% or 327m2, complies.

S1

A minimum of 25m² of useable private open space is to be provided.

More than 25m2, complies.

S1

Each dwelling must provide an area of private open space capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

Approximately 7m x 6m (excluding swimming pool areas), moderate terrain. Complies.

S1

Private open space in the front yard area is located behind the building line.

The principal private open space is located in the rear section of the site. Complies.

 

S6

20% of the total site area (137.3m2) has permeable treatment.

38% or 265m2, complies.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of 686.7m2 in area is a maximum floor space ratio of 0.5:1 (343.4m2 GFA). 

441m2 GFA or 0.64:1 FSR, refer to comments below.

 

Floor area

 

The Objectives and Performance Requirements of the DCP in relation to floor space ratio aim to ensure that developments are not excessive in bulk or scale, are compatible with the existing character of the locality, and will minimise adverse amenity impacts on the neighbouring properties.

 

The proposed development will exceed the FSR preferred solution by 0.14:1, which equates to 97.6m2 gross floor area. Notwithstanding, the development scheme is considered to be satisfactory for the following reasons:

 

·      The site has an east-west orientation and slopes significantly from the Beach Street to the Gordon Avenue frontages. The adjoining land to the south has been subdivided and presently accommodates two detached dwellings. Due to the aspect of the subject and adjoining land parcels, the proposed dwelling has the potential of casting detrimental shadows on the southern adjoining properties.

 

The design scheme has adopted a sensitive site planning approach that creates staggered floor plate layout for the building. This results in a generous open area being reserved in the south-western section of the allotment, with the advantage of maximising solar access to the southern neighbours despite the site orientation.

 

·      The proposed dwelling presents a 3-storey scale to Gordon Avenue. Notwithstanding, the first (top) floor level steps in from the eastern wall alignment of the storeys below, with covered balconies being provided in the front setback areas. The built form has been appropriately modelled and is considered to respect the natural fall and contours of the land.

 

·      The side elevations of the first storey are articulated with checker board patterned timber claddings and privacy screens. Ramped earth walls will be utilised for the lower ground level, which provide further definition to the facades. The proposed dwelling is characterised by a light weight top storey above a more solid masonry base with fine architectural detailing, which would create visual interest. The massing and proportions of the building are appropriate and will not result in adverse visual impacts on the foreshore areas. The proposal demonstrates a skilful design and carries high architectural merits.

 

·      The proposal has incorporated a flat roof, which will minimise the overall building height. The maximum parapet height of the building reach