Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 24 May 2011

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                                      24 May 2011

 

 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 24 May 2011 at 6:00pm.

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 19 April 2011

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minutes

Mayoral Minutes, if any, will be distributed on the night of the meeting.

Urgent Business

Director City Planning Reports (record of voting required)

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.

 

CP28/11    21 Govett Street, Randwick (Deferred)

CP29/11    3 Lion Street, Randwick

CP30/11    14-20 Gardeners Road, Kingsford

CP31/11    155-157 Arden Street, Coogee

CP32/11    112-124 Anzac Parade, Kensington.

CP33/11    19 Franklin Street, Matraville

CP34/11    46 Kensington Road, Kensington

CP35/11    165A-167B Maroubra Road, Maroubra

CP36/11    JRPP Report for 2-6 Goodwood Street, Kensington

CP37/11    Reporting variation to Development Standard under State Environment Planning Policy No. 1 (SEPP 1) for the month of April, 2011

CP38/11    Reviewable Conditions

General Manager's Reports

GM8/11     University of NSW Army Regiment - Freedom of Entry Parade

GM9/11     ALGA - 2011 Regional Cooperation and Development Forum

GM10/11    Review of the 2009-13 Management Plan - March 2011 Quarterly Report

GM11/11    Joint Regional Planning Panel - resignation of Council nominee

GM12/11    NSW Police Force (Eastern Suburbs Local Area Command) - Request for financial assistance

GM13/11    Administration of Kingsford South Precinct

Director City Services Reports

Nil

Director Governance & Financial Services Reports

GF14/11    Investment Report - April 2011

GF15/11    Budget Review - March 2011 Quarter

GF16/11    Correction of Minutes

GF17/11    Lease to South Eastern Sydney & Illawarra Area Health Service, Annabel House - 21 Munda Street, Randwick  

Petitions

Motion Pursuant to Notice

NM15/11    Motion Pursuant to Notice from Cr White - Lighting in Upper Pioneer Park

NM16/11    Motion Pursuant to Notice from Cr Procopiadis - Lease - Kensington Bowling Club  

Closed Session (record of voting required)

CS5/11      T10/11 - South Maroubra Surf Life Saving Club Project - alterations and additions upgrade works

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

 

GF18/11    T06/11 - Tender for Street Banners

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

 

GF19/11    T09/11 - Licence & Operation of Coffee Cart in Foyer of Bowen Library and Community Centre

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

 

GF20/11    T05/11 - Tender for the Smash Repairs of Council Motor Vehicles & Trucks

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

  

Notice of Rescission Motion

NR3/11      Notice of rescission Motion from Crs Andrews, Seng and Nash - 21 Storey Street, Maroubra  

 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council                                                                                                      24 May 2011

 

 

Director City Planning Report No. CP28/11

 

 

Subject:                  21 Govett Street, Randwick

Folder No:                   DA/591/2010

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

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

 

(Mayor, Cr Matson/Bowen) that the application be deferred for mediation.”

 

A mediation session was held on 7 April 2011 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.

 

Issues

 

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

 

·           Vergola deleted

·           Length of ground floor reduced by 600mm

·           Eaves overhang to splay from 900mm to 450mm

·           First floor not to extend further than 1.5m beyond the first floor rear alignment of 23 Govett Street.

 

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.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal is recommended for approval 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/591/2010 for substantial alterations and additions to existing dwelling including new first floor, construction of plunge pool to rear of dwelling, alterations to garage and associated works (Heritage Conservation Area) at 21 Govett Street, Randwick subject to the schedule of conditions outlined in this report:

 

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

 

1.       The development must be implemented substantially in accordance with the amended plans numbered 10/00016-1AM to 10/00016-3AM, dated 02.05.11 and received by Council on the 3 May 2011, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

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

 

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

 

Options may include one or more of the following measures:

 

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

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

 

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

 

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

 

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

 

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

 

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

 

6.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $225,000 the following applicable monetary levy must be paid to Council: $2,250.00.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·           Stormwater management (i.e. rainwater tanks)

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

·           Landscaping provisions

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·          Occupational Health and Safety Act 2000 & Regulations

·          WorkCover NSW Guidelines & Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management details.

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

42.     Stormwater runoff from the redeveloped portion of the site shall be discharged either ;

a)       To the kerb and gutter along the site frontage in Govett Street by gravity (without the use of a charged system);

 

b)       To the existing roadway in Huddart Lane by gravity (without the use of a charged system).

 

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                      24 May 2011

 

 

Director City Planning Report No. CP29/11

 

 

Subject:                  3 Lion Street, Randwick

Folder No:                   DA/948/2010

Author:                   Alex Van Son, Senior Environmental Planner     

 

Proposal:                     Alterations and additions to a two level dual occupancy building, involving the addition of a third level (including bedroom and ensuite only) to be associated with the existing second level unit  

Ward:                      East Ward

Applicant:                Paul Panson

Owner:                         C and L demos

Summary

Recommendation:     Recommended for Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

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

 

The subject application is for alterations and additions to a two level dual occupancy building, involving the addition of a third level (including bedroom and ensuite only) to be associated with the existing second level unit.  

 

Amended plans have been received on 3 March 2011 to address issues raised by Council in relation to overshadowing, bulk and scale. The amended plans incorporate the following changes:

 

·           A reduction in the length of the proposed third level from 11.25m to 8.14m. The third level is now located at the rear of the existing building and set well back from the front boundary of the site.

·           The proposed third level has been reduced from 34.21sqm to 24.92sqm.

·           Preliminary details of proposed materials and finishes have been submitted.

 

The amended proposal has an FSR of 0.75:1 which exceeds the maximum FSR control of 0.5:1. The proposal also breaches the maximum external wall height standard of 7m as the proposal will have a maximum wall height of 9.35m. State Environmental Planning Policy No.1 (SEPP No.1) objections have been submitted in relation to the breach of these controls.

 

An assessment of the SEPP 1 objections indicates that strict compliance with the controls would be unreasonable and unnecessary as detailed in Section 7 of this report. In particular, it is considered that the proposed part two, part three level dual occupancy dwelling will not be excessive when compared to the built character and built form of the locality and will not detract from the established attributes of the residential area.

 

The proposal generally complies with the preferred solutions/performance requirements of the DCP – Dwelling Houses and Attached Dual Occupancies with the exception of the FSR, external wall, setbacks (in relation to the third level) and solar access.

 

The proposal will be consistent with the aims of RLEP 1998 and the specific objectives of Residential 2A Zone in that the development will deliver a dual occupancy development that is consistent with other residential developments in the locality.

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended. Additionally, the proposed development satisfies the relevant legislation, State policies and Local planning controls, and is recommended for approval subject to conditions.

 

2.    The Proposal

 

No. 3 Lion Street contains a dual occupancy dwelling: Unit 1 (2 bedrooms) on the ground floor and Unit 2 (1 bedroom) on the first floor. The site area is 279sqm.

 

The primarily involves the addition of a third level (24.92sqm) to the building that would be associated with Unit 2, providing for a secondary bedroom and ensuite only. Access to the proposed third level would be gained internally through Unit 2.

 

The development will result in an increase to overall building height, external wall height and gross floor area (GFA). The proposal does not involve any change to the footprint of the existing building, landscaped areas or open space areas.

 

The addition has been designed in the same style as the existing building which is constructed of rendered and painted masonry, weathered timber privacy screening and terracotta Marseilles pattern roof tiles. The following finishes will be used:

 

·           Painted render wall finish (to match existing).

·           Fibre Cement ('Blueboard') with paint finish to match existing.

·           Metal Roofing & guttering 'Colorbond Ironstone' or similar.

·           Privacy Screen - weathered timber screen

·           Aluminium framed windows & doors to match existing

 

Figure 1: Proposed alterations and additions to 3 Lion Street, Randwick

 

2.1      Proposal and Subsequent Amendments:

The original proposal, as submitted on 29 October 2011, featured a larger third level that was 34.21sqm in area. Following discussions between the Council and the applicant, amended plans were submitted to Council that addressed concerns surrounding external wall height/bulk and over shadowing of No. 5 Lion Street. In particular:

 

·           The GFA of the proposed third level was reduced from 34.21sqm to 24.92sqm and the length of the third level was reduced from 11.15m to 8.01m.

·           The proposed addition was shifted closer toward the rear of the building. 

 

3.    The Subject Site and Surrounding Area

 

The subject site is located at No. 3 Lion St. Randwick, in close proximity to Randwick Boys High School, the Prince of Wales Hospital, the NSW University and the amenities of both Randwick Shopping Centre and “The Spot”.

The area immediately surrounding the site is characterised by mixed density residential development that includes single detached dwellings, attached dual occupancies and multi unit developments.

 

The front boundary of the site is formed by Lion Street to the west and the rear boundary is formed by Oberon Lane to the east. To the north of the site is No. 1 Lion Street, a single level detached dwelling; to the south of the site is No. 5 Lion Street, a residential duplex of similar scale to the existing structure on the subject site.  A large multi unit residential building and a number of detached dwellings are located adjacent to the site on the western side of Lion Street.

 

 

Figure 2: Photo of subject site circled, single level detached dwelling at 1 Lion Street (left), residential duplex at 5 Lion St. (right) and multi unit developments in the background to the east of the site.

 

The site area is 279sqm and rectangular in shape with a frontage of 9.3m and a depth of 30.4m. The site has a slight fall from the front boundary to the rear boundary of approximately 1m.  A large peppercorn tree is located adjacent to the rear boundary of the site and is unaffected by the proposed alterations and additions. 

 

The existing structure on the site is a dual occupancy dwelling that contains two units: Unit 1 (2 bedrooms) on the ground floor and Unit 2 (1 bedroom) on the first floor. The building is rectangular in shape measuring 6.0m wide, 20.3m deep (including decks) and approximately 8.3m in height at its highest point.

 

4.    Site History

 

Approval was granted on the 9th of November 2006 (DA/791/2006) to undertake alterations and additions to existing attached dual occupancy comprising internal alterations including new rear decks, new front fence, new roller door to laneway and hardstand parking, alteration to side entry.

 

5.    Community Consultation

 

The proposal was notified in accordance with the Councils Development Control Plan: Public Notification of Development Proposals and Council plans. Subsequently no submissions have been received by Council.

 

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 (Consolidation).

-    Development Control Plan: Dwelling Houses and Attached Dual Occupancies.

-    Environmental Planning and Assessment Act 1979, as amended.

 

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

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The Applicant has submitted SEPP 1 objections in relation to the following development standards standards, arguing that compliance with Clause 20F and 20G of the Randwick LEP is unreasonable and unnecessary. An assessment has been provided by the applicant in accordance with Winten Property Group Limited v North Sydney Council (2001) NSW LEC 46.

 

Clause 20F: Floor Space Ratios

In relation to FSR, the relevant development control within the LEP states:

 

The maximum FSR for buildings, other than buildings erected for the purpose of a dwelling house, within the 2A Zone is 0.5:1.

 

The GFA of the existing building is stated as being 184sqm resulting in an FSR of 0.66:1 and therefore exceeds the development control in its current form. The proposed addition will increase GFA to 209sqm, resulting in an FSR of 0.75:1 and further inflating the extent of non-compliance.

 

Clause 20G: Building Heights

In relation to building height, the relevant development controls within the LEP state:

 

The maximum height for a building, other than a dwelling house, within Zone 2A is 9.5m measured vertically from any point on ground level.

 

The maximum height for any external wall of a building, other than a dwelling house, within Zone 2A is 7m measured from any point on ground level.

 

The proposed alteration and addition increases the overall building height to 9.35m (within the LEP development standard) and creates a maximum external wall height on the northern elevation of 9.35m, infringing the LEP development standard by 2.35m as it relates to maximum external wall height.

 

The increased external wall height is associated with northern external wall of the proposed third level, measuring 1.7m x 8m and is 13.6sqm in area. This additional portion of external wall is setback 0.9m from the existing northern external wall and 2.5m from the northern boundary (see Figure 3, below).

 

Figure 3: Proposed alterations and additions to 3 Lion Street, Randwick (source: amended plans submitted to council 03 March 2011, drawings DA.07c West

(Lion St.).

 

There is no increase in external wall height in relation to the southern elevation as the wall associated with the proposed third level will be wholly contained within the attic space of the building. 

 

5.1.1   SEPP 1 Objection Assessment Framework:

In Whebe V Pittwater Council (2007) NSW LEC 827 (21 December 2007) the Court provides an updated framework for the assessment of SEPP 1 Objections; the assessment process is set forth below:

 

1.     The applicant must satisfy the consent authority that "the objection is well founded” and compliance with the development standard is unreasonable or unnecessary in the circumstances of the case;

 

2.     The consent authority must be of the opinion that granting consent to the development application would be consistent with the policy's aim of providing flexibility in the application of planning controls where strict compliance with those controls would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in s 5(a)(i) and (ii) of the Environmental Planning & Assessment Act 1979; and

 

3.     It is also important to consider:

i)      Whether non-compliance with the development standard raises any matter of significance for State or regional planning; and

ii)     The public benefit of maintaining the planning controls adopted by the environmental planning instrument.

 

The decision continues to define five ways in which the objection may be considered to be “well founded” and that approval of the objection may be consistent with the aims of the policy.

 

1.     The objectives of the standard are achieved notwithstanding non-compliance with the standard;

 

2.     The underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary;

 

3.     The underlying object of purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable;

 

4.     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;

 

5.     The zoning of the particular land is unreasonable or inappropriate so that a development standard appropriate for that zoning is also unreasonable and unnecessary as it applies to the land and compliance with the standard would be unreasonable or unnecessary. That is, the particular parcel of land should not have been included in the particular zone.

 

5.1.2   SEPP 1 Objection: 20F Floor Space Ratios

 

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

Proposed

0.75:1 (209sqm)

LEP development standard

0.5:1 (139sqm)

Excess above or less than the LEP standard

0.25:1 (70sqm)

 

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).

 

The objectives of the Clause 20F Floor Space Ratios of the Randwick LEP is stated as being:

 

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

 

As such, the appropriate test in this instance is to establish whether the objectives of Clause 20F (limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area) are met, not withstanding the excess FSR.

 

In particular, whether the increased FSR results in development that is of a size (bulk) and scale that is incompatible with the established neighbourhood character as defined by the objectives of the Residential 2A Zone.

Compatibility with the character of the neighbourhood and streetscape (scale):

The proposed alterations and additions to No. 3 Lion St. will result in the existing two level, dual occupancy dwelling increasing to a part two, part three level dual occupancy dwelling. As discussed, above, the character of the neighbourhood and streetscape is characterised by mixed density residential development that includes single detached dwellings, attached dual occupancies and multi unit developments (see Fig. 2, above).

 

It is considered that the resulting part two, part three level dual occupancy dwelling will not be excessive when compared to the built character and built form of the locality and will not detract from the established attributes of the residential area.

 

Effect on neighbouring dwellings (bulk):

The proposal increases FSR from 0.66:1 to 0.75:1. Visually, the increased bulk is expressed through the increase in external wall height on the northern elevation 6.85m to a maximum of 9.35m and an increase in overall building height from 8.2m to 9.35m (which is within the maximum building height of the Residential 2A Zone, 9.5m).

 

The effect of the increased external wall height has been discussed in the SEPP 1 Objection: Building Height, below. Overall, the proposed addition is not considered to be visually dominant or overbearing in relation to adjoining sites.

 

The Applicant has provided the following argument in respect of Matter 1 considerations:

 

Having regard to the objectives of the development standard contained in Randwick LEP 1998, it is considered that strict compliance with this standard is unreasonable and unnecessary in this circumstance. The non-compliance is considered necessary and reasonable in the context of the site relative to adjoining substantial dwellings and to provide a better amenity for the existing and future residents of the unit 2, through the provision of an additional 34m2 floor area in the attic space. The additional floor space will have minimal impact on the appearance of the building, with the external change limited to a dormer window. The proposal will therefore not significantly increase the bulk and scale of the existing building.

 

The proposed additional floor area has been designed and located to ensure that it does not affect the environmental amenity and aesthetic character of the area. The additional floor area is limited to bedroom space associated with an existing dwelling. The proposal will therefore maintain the existing low-density nature of the site.

 

The proposal will meet the general aim of the Randwick LEP 1998 to encourage the provision of housing mix and tenure choice and provide a development, which meets the objectives of the Residential 2A zone.

 

The objection advanced by the applicant that compliance with the development standard is unreasonable and unnecessary is considered to be well founded. It is considered that the proposed breach of the development standard would be consistent with the aims and objectives set out in Clause 3 of SEPP 1.

 

It is considered that the SEPP 1 Objection is wellfounded and compliance with the standard is unreasonable and unnecessary in this instance.

 

 

 

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 standard is unreasonable and unnecessary as the proposal 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 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.

 

5.1.3   SEPP 1 Objection: 20G Building Heights (External Wall Height)

Pursuant to Clauses 20G of RLEP 1998, the maximum building and external wall height within 2A Zones is 9.5m and 7m respectively. The proposed variation is summarized in the table below:

 

 

Building Heights

Proposal

9.35m height overall and 9.35m external wall height

LEP development standard

9.5m overall height and 7m external wall height

Excess above or less than the LEP standard

2.35m excess external wall height

 

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).

 

The objectives of the Clause 20G Building Heights of the Randwick LEP is stated as being:

 

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

 

As such, the appropriate test in this instance is to establish whether the objectives of Clause 20G (limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area) are met, not withstanding the excess external wall height.

 

In particular, whether the increased external wall height results in development that is of a size (bulk) and scale that is incompatible with the established neighbourhood character as defined by the objectives of the Residential 2A Zone.

 

Compatibility with the character of the neighbourhood and streetscape (scale):

The proposed alterations and additions to No. 3 Lion St. will result in the existing two level, dual occupancy dwelling increasing to a part two, part three level dual occupancy dwelling. As discussed, above, the character of the neighbourhood and streetscape is characterised by mixed density residential developments including single detached dwellings, attached dual occupancies and multi unit developments (see Fig. 2, above).

 

It is considered that the resulting part two, part three level dual occupancy dwelling will not be excessive when compared to the built character and built form of the locality and will not detract from the established attributes of the residential area.

 

Visual Dominance: effect on neighbouring dwellings (bulk):

The proposal increases external wall height on the northern elevation from 6.85m to a maximum of 9.35m and increases overall building height from 8.2m to 9.35m (which is within the maximum building height of the Residential 2A Zone, 9.5m).

 

Visually the alterations and additions to No Lion St. increase the size and bulk of the exiting dwelling, particularly in relation to the northern elevation, adjoining 1 Lion Street, where the increased GFA is most visually prominent due to the increased wall height. The overall height of the building is increased by 1.15m however it is noted that overall building height does not exceed the 9.5m maximum height. Furthermore, the additional external wall area is located to the rear of the existing building, well behind the building line of existing dwellings adjacent to the northern and southern side boundaries.

 

Overall the proposed addition is not considered to be visually dominant or overbearing in relation to adjoining sites.

 

The Applicant has provided the following argument in respect of Matter 1 considerations:

 

These objectives and the purpose of the Building Height development standard represent the underlying purpose of the development standard.

 

Council advise that the external wall height control as stipulated in Clause 20G(3) also applies to the attic wall, having regard to Clause 49 ‘Definitions’ of the LEP. The attic wall (albeit set well back from the main wall) results in the building reaching an overall height of up to 8.9 metres. This technically exceeds the 7 metre limit.

 

It is proposed to add a bedroom in the roof of an existing development incorporating dormer windows within the roof planes. The proposed works are shown on drawings prepared by Panson Design Architects.

 

The proposed additional area is contained largely within the roof and will improve the amenity of the existing units with no resultant adverse impacts.

 

However the dormer window and sidewall of the attic level is set well back from the main wall of the building and set within the roof. It will not therefore read as a single 8.9 metre high wall at any point and the overall height will not change. The objective of the height control seeks to limit the height and scale of buildings. In this case as the attic level is set within the roof and will not adversely impact upon its scale or bulk.

 

Given that the proposal provides improved internal amenity to an existing dwelling with no increase in footprint and results in no adverse impacts within the streetscape or upon adjoining properties in terms of overshadowing and privacy, strict compliance with the development standard would be unreasonable and unnecessary in the circumstances of this particular case.

 

The objection advanced by the applicant that compliance with the development standard is unreasonable and unnecessary is considered to be well founded. It is considered that the proposed breach of the development standard would be consistent with the aims and objectives set out in Clause 3 of SEPP 1.

 

It is considered that the SEPP 1 objection is wellfounded and compliance with the standard is unreasonable and unnecessary in the circumstances.

 

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 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 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 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 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.

 

5.1.4   SEPP 1 Objection Summary

The proposal is considered to satisfy the three matters established in Whebe V Pittwater Council (2007) NSW LEC 827.

 

20F Floor Space Ratio and 20G Building heights have been established to work together (along with 20E Landscaped Area) to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area. The proposed development will not result in a building that out of scale with the character of existing development and the proposal will not have any significant adverse effects on the environmental amenity of the area. As such, strict compliance with the development control in this instance is considered unreasonable and unnecessary.

 

It is not expected that the proposed additional external wall height or FSR area will hinder the attainment of the objectives specified in s5(a)(i) and (ii) of the Act or compromise the intended public benefit for which the controls have been established.

 

6.    Community Consultation

 

The proposal has been notified in accordance with the DCP - Notification. No submission was received.

 

7.    Randwick Local Environmental Plan (RLEP) 1998.

 

Clause

Required

Proposed

Compliance

9: LEP Objectives

To consider the extent to which the proposed develop-ment is consistent with the general aims of this plan and the specific objectives of the zone within which the development is proposed.

The proposed alterations and additions will not compromise the general aims of the RLEP as listed in Clause 2 and is consistent with the specific objectives of the 2A Zone (as stated below).

Complies.

10: Zone No 2A Objectives

To consider specific objectives of the Residential 2A Zone: primarily  to provide a low density residential environ-ment and maintain the desirable attributes of established residential areas.

The proposed alterations and additions relate to the extension of a dual occupancy dwelling and are generally consistent with the objectives of the Residential 2A Zone.

 

Complies.

20E Landscape area

Min 40% landscape area

 

No change

N.A.

20F Floor Space Ratio

Max 0.5:1

Existing: 0.66:1

Proposed: 0.75:1

SEPP 1 Objection submitted

20G

Building heights

Max building height:  9.5m

 

Max external wall height: 7m

Max building height 9.35m

 

Max external wall height = 9.35m

Complies

 

 

SEPP 1 Objection submitted

 

7.1 State Environmental Planning Policy (SEPP) (Building Sustainability Index: BASIX) 2004

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies to the proposed development. The development application is accompanied by a BASIX Certificate numbered A106889. The requirements specified in the above certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

7.2 Policy Controls

 

7.2.1   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 is provided as landscaped area.

The proposed alterations and additions do not effect the existing configuration of landscaping or private open space within the site.

S1

A minimum of 25m² of useable private open space is to be provided.

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.

 

S1

Private open space in the front yard area is located behind the building line.

S6

Min 20% of the total site area has permeable treatment.

 

 

 

 

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this size is a maximum floor space ratio of 0.5:1.

The proposed FSR is 0.75:1, which does not comply. Refer to SEPP 1 Objection and assessment above. 

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

Maximum 9.35 on north elevation, which does not comply. Refer to SEPP 1 objection and assessment above.

S1

External wall height of buildings or additions to the rear does not exceed 3.5 m.

No change/not applicable.

S3

Cut or fill does not exceed 1m.

S3

No excavation within 900mm of a side boundary.

S3

No excavation within 4m of a rear boundary.

S4

The length of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary.

S5

The second storey portion of a semi-detached dwelling be confined to within the existing roof space or be set back from the front elevation behind a substantial portion of the existing roof form and the design respects the symmetry of the adjoining semi-detached dwelling.

 

Floor Area; Height, Form and Materials.

The Objectives and Performance Requirements of the DCP are that developments are not excessive in height, bulk or scale; are compatible with the existing character of the locality; and minimise adverse effects of bulk on neighbours and the street.

 

The proposal has an FSR of 0.75:1 which exceeds the DCP requirement of 0.5:1 and exceeds the maximum external wall height standard by 2.35m. The non-compliance is deemed to be reasonable and acceptable for the reasons outlined in the SEPP 1 Objection above.

 

The proposed development will not be out of context in the streetscape and is not considered to be visually dominant or overbearing in relation to adjoining sites. The proposal satisfies the overall objectives and performance requirements of the DCP with regards to floor space ratio.

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed alterations and additions do not effect the setbacks of the existing dwelling

S2

No part of the building is closer than 4.5m from rear boundary.

S3

Side setbacks must be 900mm for any part of the building at ground level.

S3

Side setbacks must be 3m for any part of a building, the height of which is more than two levels.

Proposed third floor level is setback 2.5m from the northern boundary and contained within the roof in relation to the southern boundary.

 

Side setbacks

The primary objective of the side setback standard is to ensure dwellings have adequate access to natural light, daylight and fresh air.

 

The proposed third level addition to the dwelling will be setback approximately 2.5m from the northern boundary of the site across a horizontal distance of 8.0m. This variance from the preferred solution is not considered to contradict the objectives and performance requirements of the side setback standard as the infringement relates to a northern boundary, it does not result in a reduction of natural light and will have a negligible effect on access to fresh air/ventilation. 

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

The proposal relates to the addition of a second bedroom. Windows will be installed that have a northern outlook, which will be covered by timber battened privacy screening.

 

S1

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

S1

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

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

No change/not applicable.

 

S1,3

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

S2

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

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

Council’s Parking DCP requires 1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

No change/not applicable.

S1

Car parking spaces have a minimum dimension of 5.5m x 2.5m.

S1

Driveways have minimum width of 3m and are set back at least 1m from the side boundary.

S1

Driveways have a maximum width of 3m at the property boundary.

S1

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

S1

With respect to garages and carports to rear lanes these should be set back 1m to improve pedestrian visibility.

S2

Parking and access is provided from the rear of the allotment where possible.

S2

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

S2

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

 

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

No change/not applicable.

S1

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

S1

Fences in front of the building line or on street frontages may be up to 1.8m provided that the upper two thirds is at least 50% open.

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

New dwellings comply with a minimum of 3.5 stars on the NatHERS.

Refer to the “BASIX” section of this report.

S2

Private open space receives at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

No change.

S2,8

North-facing windows to living areas receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

Complies.

S9

Solar access to existing or future solar collectors on adjacent buildings is maintained between 9am and 3pm each throughout the year.

 

It is not expected that the proposal will overshadow existing or future roof-mounted solar panels on the adjoining dwellings for more than 3 hours on the winter solstice.

 

S9

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

The proposal results in increased overshadowing of No. 5 Lion St, casting a shadow over the majority of north facing windows for most of the day; only one large window receives partial solar access on 22 June from 12pm onwards.

S9

Principal outdoor recreation space of neighbouring dwellings receives at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

No change.

 

Solar Access

The primary objective of the solar access standard is to encourage the use of passive solar design and to protect solar access enjoyed by neighbours.

 

The proposal results in increased overshadowing of No. 5 Lion St, casting a shadow over the majority of north facing windows for most of the day; one large window receives partial solar access and the remaining north facing windows receive negligible amounts of solar access on 22 June from at 12pm (refer to Shadow Plan 1 DA.10c and Shadow Plan 2 DA.11c dated 03 March 2011, submitted by the Applicant).

 

However, the proposed variance from the preferred solution is considered acceptable in this instance for the following reasons:

 

·           Currently the windows in question receive minimal amounts of solar access due to large trees that are located within No. 5 Lion Street and have grown against the northern external wall.

 

·           The proposed alteration and additions have been designed to sit to the north and rear of the existing building and partially within the existing attic space in an effort to reduce the level of over-shadowing in relation to No. 5 Lion St.

 

·           The part two, part three level dual occupancy dwelling will not be excessive when compared to the built character and built form of the locality.

 

7.2.2   Randwick Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost

$100,000-$200,000

$146,850

0.5%

$734.25

 

7.3 Environmental Planning and Assessment Act 1979, as amended.

 

Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

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

 

Not applicable.

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

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

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

Not applicable.

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

Clause 7 of the EP&A Regulation 2000 requires the consent authority to consider the provisions of the Building Code of Australia. Accordingly, an appropriate condition is recommended to address the above matter.

 

Clause 92 of the Regulation requires the consent authority to consider relevant Australian Standards relating to demolition of structures. A specific condition is recommended to require compliance with Australian Standard 2601.

 

Clause 93 of the Regulation requires the consent authority to consider the structural capacity and fire safety aspects of a building. Appropriate conditions are recommended to address the above matters.

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

The environmental impacts of the proposed development on the natural and built environment have been assessed within the body of this report.

 

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

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

The site is zoned Residential 2A in which the proposed dual occupancy development is permissible. The site is located within an area which is predominantly characterised by low to medium density development and exhibits a variety of architectural  styles, scales and massing within which the proposed development will have a sympathetic bulk and scale. Overall, the site is considered suitable for the proposed development.

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

No submissions were received.   

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

The proposal is not considered to result in significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered satisfactory in public interest terms.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:          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.

Key action:       Encourage and reward design excellence and sustainability.

 

Conclusion

 

The proposal is permissible with the consent of Council on the subject site. The proposal does not comply with the maximum FSR and external wall height development standard contained in the RLEP. SEPP No.1 objections in relation to these breaches have been submitted with the application and considered to be well founded in the circumstances. Overall the proposal will be consistent with the planning objectives for the locality; the proposal is not considered to be visually intrusive or bulky; the proposal is considered to be consistent with the character of existing development in the streetscape and locality; and the additional density will not give rise to any unacceptable impacts to surrounding uses in terms of ventilation and solar access.

 

The proposal complies with the relevant preferred solutions and performance requirements in the DCP – Dwelling Houses and Attached Dual Occupancies (with the exception of FSR external wall height, side setback and solar access which have been addressed in the SEPP 1 objection and the DCP assessment).

 

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

 

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

 

Recommendation

 

A.     That Council support the objection under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clauses 20F and 20G of the Randwick Local Environmental Plan 1998 (Consolidation), relating to maximum floor space ratio and maximum external wall height, on the grounds that the proposed development is consistent with the relevant objectives of the clauses and will not result in a building that out of scale with the character of existing development and the proposal will not have any significant adverse effects on the environmental amenity of the area.

 

B.     That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/948/2010 for alterations and additions to the existing dual occupancy building, involving the addition of a third level to be associated with the existing second level unit at 3 Lion Street Randwick, subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the amended plans numbered DA.01c, DA.02c, DA.03c, DA.04c, DA.05c, DA.06c, DA.07c, DA.08c dated 3 March 2011 and stamped received by Council on 3 March 2011, and C.01c dated 3rd of March 2010, the application form, and any supporting information received with the application, except as may be amended by the details/amendments approved pursuant to the deferred commencement conditions and by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       Further 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.       The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. Details shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

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.

 

5.       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 Certificates for this development are fulfilled.

 

6.       In accordance with the provisions of the Environmental Planning & Assessment Regulation 2000, relevant BASIX Certificates 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.

 

 

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

 

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

 

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

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost $100,000 to $200,000

$146,850

0.5%

$734.25

 

 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 and to provide for reasonable levels of safety and amenity:

 

9.       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.

 

10.     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.

 

11.     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

 

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

 

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

 

ii)       appoint a principal contractor for the building work.

                                        

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.

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

15.     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.

 

16.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

20.     A Certificate prepared by a professional engineer shall be submitted to the certifying authority prior to issuing of a Construction Certificate, which certifies that the structural adequacy of the existing building to support the loads superimposed by the proposed third floor addition.

 

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

 

·           Australian Standard 2601 (2001) – Demolition of Structures

·           Occupational Health and Safety Act 2000

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·           WorkCover NSW Codes of Practice and Guidelines

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

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

 

22.     In accordance with Council’s Asbestos Policy, the following requirements are to be satisfied if any materials containing asbestos are present in the building:

 

a)     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.

 

b)     A Demolition Work Plan must be developed and implemented in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

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

 

d)     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.

 

e)     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.

 

f)      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.

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

26.     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:

 

27.     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.

 

28.     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 ofor service authority assets:

 

29.     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.

 

30.     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.

 

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

 

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

 

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

 

32.     A Section 73 Compliance Certificate under the Sydney water Act 1994 must be obtained from Sydney Water Corporation.

 

Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the website www.sydneywater.com.au then refer to “Water Servicing Coordinator” under Developing Your Land” or telephone 13 20 92 for assistance.

 

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

 

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

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision, whichever occurs first.

Advisory Conditions

 

A1      Building or excavations works must not be commenced until a construction certificate has been obtained from Council's Building Certification Services or an Accredited Certifier and either Council's Building Certification Services or an Accredited Certifier has been appointed as the Principal Certifying Authority (PCA) for this development.

 

Failure to obtain a Construction Certificate and appoint a PCA before commencing works is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million under the Environmental Planning & Assessment Act 1979.

 

 

A2      The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA) and the construction certificate must not be inconsistent with the development consent.

 

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

 

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

 

You are therefore advised to ensure that the development is not inconsistent with Council's consent and to consult with Council’s Building Certification Services or an accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

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.

 

A4      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                      24 May 2011

 

 

Director City Planning Report No. CP30/11

 

 

Subject:                  14-20 Gardeners Road, Kingsford

Folder No:                   DA/1009/2010

Author:                   Roger Quinton, Coordinator Development Assessment     

 

Proposal:                     Construction of part 4 storey/part 8 storey mixed use development comprising 72 boarding house units and 3 ground level retail tenancies

Ward:                      West Ward

Applicant:                Pioneer Investment Holdings

Owner:                         G Selia

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 

1.        Executive Summary

 

The subject site is referred to the Council for determination as the cost of works is more than $2 million and has a variation to the maximum height standard of 10%.

 

The proposal involves demolition of all structures on the site and construction of a part four storey, part eight storey boarding house with two commercial tenancies fronting Gardeners Road and one fronting Southern Cross Close. The plans submitted with the application indicate that the two tenancies fronting Gardeners Road are to be restaurants and the one at the rear is to be a retail unit. Upper levels are to contain seventy-two (72) self-contained boarding house units. There are to be eight (8) carpark spaces at ground level, sixteen (16) bike racks and fifteen (15) motorcycle spaces.

 

The subject application was advertised and notified in accordance with the DCP – Public Notification with four (4) submissions being received. The issues raised in the submissions relate to the height of the proposal, bulk and scale, streetscape, heritage, overshadowing, parking, social impacts, non-compliance with the Kingsford Commercial Centre DCP and impacts from construction.

 

The subject site is located within the Zone No. 3A (General Business) under RLEP 1998 (Consolidation). The proposed mixed use development is permissible with Council’s consent and is considered satisfactory having regard to the 3A zone objectives. 

 

The proposed development exceeds the 24m maximum height control by 2.4m as a result of the design of the upper most floor in the middle of the site. Impacts are considered to be acceptable and the proposal will comply with the height control to the Gardeners Road street frontage.

 

The design of the development, privacy protection measures and solar access are considered to be satisfactory, subject to recommended conditions.

 

The proposal meets the objectives and purposes of relevant State and Local planning controls. The application is recommended for approval, subject to conditions.

 

2.        The Proposal

 

The proposal involves demolition of all existing structures on the site and construction of a part four storey, part eight storey boarding house with ground level non-residential uses consisting of the following:

 

·      Two restaurant tenancies fronting Gardeners Road at ground level and a retail unit fronting Southern Cross Close

·      72 x self-contained boarding rooms with kitchenette, laundry and toilet facilities

·      1 x self-contained caretaker’s unit

·      Common kitchen/dining area

·      Outdoor communal courtyard with landscaping

·      Eight car park spaces at ground level, 16 bike racks, 15 motorcycle spaces, enclosed storage space and waste storage area.   

 

3.        The Subject Site and Surrounding Area

 

The subject property is described as Lot A DP 311469, Lot B DP 415212 and Lot 8 DP 10257, 14-20 Gardeners Road, Kingsford. The site is located on the northern side of Gardeners Road, between Houston Road and Anzac Parade and also has a frontage to Southern Cross Close at the rear. The site is relatively flat and has an area of 871m2 with the northern boundary being 17.225m, southern boundary 17.35m and short side boundary being 50.29m.

 

At present the site contains two storey buildings with single storey garages fronting Southern Cross Close. Ground level uses fronting Gardeners Road include a drycleaners, second hand clothes shop and restaurant. 

 

Surrounding development includes two and three storey shops and an Australia Post tenancy on Gardeners Road. Some shops have residential components at first floor level and there is a three storey residential flat building located at the corner of Houston and Gardeners Roads. To the rear of the site, on the opposite side of Southern Cross Close a new church hall is presently being constructed, located behind a church fronting Houston Road. A park is located on the opposite side of Gardeners Road which falls within the City of Botany Bay local government area.

 

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

 

4.1      Proposed variation to the development standard

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

 

Building heights

Clause 20G(5) specifies that the maximum heights for buildings within the Zone No. 3A or 3B are shown by distinctive shading on the map, being 24m. A portion of the upper level exceeds the maximum building height by 2.4m. This represents a variation to the development standard of 10 %.

 

4.2      Assessment against planning principle

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).

 

The stated purpose of the building height standard is:

 

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

 

The applicant has submitted a written SEPP 1 Objection, which outlines the following key justifications for the variation to the building height standards:

 

In the circumstances of this case, the provision of a strict numerical compliance would be unnecessary and unreasonable on the basis that:

 

1      The underlying objective of the standard is achieved, notwithstanding noncompliance.

2      The proposed height of the development is comparable with a number of new developments in the Kingsford Commercial Centre, as defined by Randwick DCPNo.16.

3      The height of the development is not out of character with surrounding developments, which include a 9 storey development further down Gardeners Road.

4      The proposal is compatible with the surrounding context, which comprises a mix of scales, densities and types of buildings, and reflects the transitional nature of the area

5      The proposal complies with the floor space ratio and building location controls.

6      The proposal will not impact on the amenity of the adjoining residential properties in terms of overshadowing or privacy, as shown in the DA documents.

7      The proposed development achieves compliance with the aims and objectives of the LEP.

 

It is considered that the proposed building heights are satisfactory and strict compliance with the development standards is unreasonable and unnecessary for the following reasons:

 

·      The worst infringement of the standard is caused by the roof over the loft bedrooms for the southern-most apartments in the 8 storey building. The roof over these units infringes the standard for a length of 10m with an average non-compliance of 1m, being a 2.4m infringement at the worst point.

 

·      The bulk of the 8 storey building has a lesser non-compliance, being 0.5m at the worst point in the middle of the 8 storey tower, reducing to 300mm on the northern face of this building. The 8 storey tower complies with the development standard fronting Gardeners Road with the non-compliances being located away from the street frontage and not contributing to the visual bulk of the development.

 

·      The non-compliance with the control will not result in adverse impacts on adjacent properties in respect of additional privacy or shadow impacts. In addition, the design of the development in two separate building forms, with a single storey podium level in the middle of the site, results in reduced impacts on adjacent properties. 

 

·      The proposal meets the floor space ratio control contained in the SEPP(Affordable Rental Housing).

 

·      The development will present a 4 storey scale to South Cross Close with the 8 storey building set back approximately 24m from the northern property boundary.

 

It is considered that the objection has appropriately justified that 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.”

 

Comments:

The variation from the building 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 development works would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

 

Matter 3

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

 

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

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

 

Comments:

The proposed development and variation from the building height development standards do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical building height standards will not allow the best economic use of the site and provision of an appropriately scaled in-fill development in an established mixed use precinct.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

The underlying objective of the building height standards would not be defeated or thwarted as full numerical compliance in this particular instance is unreasonable. The proposed built form and scale when viewed from a public place will be the same as for a complying development. The building structures are considered to satisfy the purposes of the development standards in question.

 

Fourth

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

 

Comments:

The development standards in question have not been abandoned or discarded by any decision or actions of Council. There has been no precedent established by Council’s assessment decisions, which in effect would abandon the development standards prescribed in the LEP.

 

Fifth

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

 

Comments:

The current RLEP 1998 (Consolidation) has maintained the General Business 3A zoning for the site. The existing Business 3A zoning is not considered to be inappropriate for the locality.

 

5.        Site History

 

Recent development applications relating to the site include:

 

DA/380/81

Use existing shop as delicatessen

DA/48/82

Convert existing shop to restaurant

DA/217/82

Convert existing shop to bakery

DA/303/82

Use existing suits as dental lab

DA/40/83

Use existing premises as a bank

DA/10/84

Use existing premises as a restaurant

DA/238/96

Use existing premises for acupuncture, herb medicine and Chinese massage

DA/403/96

Change of use existing suite

Pl/47/10

Pre-DA application for demolition of all buildings on site and construction of part 4 storey/part 8 storey boarding house

DA/201/11

Change of use of first floor of existing dwelling to residential use.

 

This application was withdrawn on 28 April 2011.

 

6.        Community Consultation

 

The proposal was advertised and notified for a period of two weeks until 15 December 2010 in accordance with the requirements of the Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received:

 

·      22 Gardeners Road, Kingsford

·      84 Tunstall Avenue, Kingsford

·      Colliers International on behalf of 12 Gardeners Road, Kingsford

·      City of Botany Bay

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposal will have an adverse impact on the streetscape as it involves the construction of an eight storey building in a row of two storey buildings. It will have an adverse impact on the low density development in Daceyville on the opposite side of Gardeners Road which has heritage significance. The proposal will adversely impact on the heritage significance of O’Dea’s Corner.

As detailed in this report, it is considered that the proposed development is acceptable in this location, which is well serviced by public transport, in close proximity to UNSW, the hospitals and the Kingsford commercial centre. The proposed development is a design of a high standard and given this and the location of the site on the opposite side of Gardeners Road from Daceyville and at some distance from O’Dea’s Corner, any heritage impacts will be limited. SEPP (Affordable Rental Housing) 2009 allows for development of this scale in this location.    

The development should meet the design criteria of DCP 16 – Kingsford Commercial Centre.

See discussion in section 9 of this report.

 

The proposal will generate significant additional traffic and the amount of on-site parking to be provided is inadequate. A traffic impact assessment should be prepared.

The proposed development provides adequate parking to meet the requirements of the relevant controls. SEPP (Affordable Rental Housing) 2009 specifically limits the amount of parking provided for such developments. 

The development will have adverse shadow impacts.

The proposal will not result in unreasonable shadow impacts. Refer to “Environmental Assessment” section of this report for details.

The Social Impact Statement provided with the application is inadequate. What groups will be living in the development. How can we be sure that it will be students? The transient nature of the tenants will have an impact on the area. 

Appropriate consent conditions are recommended to ensure the boarding house will be operated in a proper manner with minimal impacts on the amenity of the area.  It is considered that the information submitted with the application is adequate.  

 

 

The relationship of the retail units with the residential accommodation above needs to be addressed.  

The three commercial tenancies are located at ground level and all have direct access from the street. The boarding house portion of the development is to be located on the upper levels. It is therefore considered that the design of the development is such that the two uses will satisfactorily co-exist on the site. 

A Plan of Management is required. It would be appropriate to have 24 hour security.

Proposed conditions of approval relate to the operation of the boarding house.

No. 20 Gardeners Road is part of a group of terraces which were built as one. There is a danger that the others will collapse during construction. 

Proposed conditions of approval will require that adjacent properties are adequately protected during construction.

Adequate waterproofing of No 22 Gardeners Road is required following demolition of No 20 Gardeners Road.

As above, proposed conditions of approval require adequate protection of adjacent properties during construction.

A Construction Management Plan is required prior to determination of the DA. 

A proposed condition of approval requires the provision of a construction site management plan. It considered that this is not required prior to determination of the DA.  

A separate DA should be required for demolition of the existing buildings.

It is appropriate for this application to consider both the construction of the proposed development and demolition of existing structures. 

How is the existing connecting door and R.O.W at first floor level between Nos 20 and 22 Gardener’s Road to be dealt with?

 No. 20 Gardener’s Road has a right of footway and an easement for laundry which burden the adjacent site. A proposed condition of approval requires that prior to the issuing of a construction certificate, the applicant is to submit to Council evidence that these have been extinguished and no longer burden the adjacent land.   

The development will have adverse privacy impacts if there are west-facing windows.

There are no west-facing windows.

The development is not compatible with the relevant zone objectives as it will not encourage housing affordability.

The proposal meets the relevant zone objectives and will provide a substantial number of relatively low-cost residential units, thereby encouraging housing affordability. 

The subject site is not close to UNSW therefore it is unlikely that residents will be students and the site will be a source of negative social issues.

The subject site is in relatively close proximity to the university and good public transport links are available on Anzac Parade.

Each room is only 15.6sqm which does not meet the 16sqm required by the SEPP (Affordable Rental Housing) for a two person room.

The rooms vary in size with over 90% being in excess of 16sqm. The design and size of the rooms is considered adequate and the provisions of the SEPP (Affordable Rental Housing) are satisfied.

A previous development by this developer has caused problems for an adjacent property.

Each development must be assessed on its merits and adequate conditions are proposed to cover potential impacts from the development. 

The proposal will adversely impact on the Australia Post tenancy at 12 Gardeners Road because of traffic generation and noise.

It is considered that the proposed development is acceptable in this location and will not have any significant impact on the Australia Post site. Potential impacts from construction are covered by proposed conditions of approval.

 

7.        Technical Officers Comments

 

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

 

7.1      Building

 

BCA Building Classification

 

Class 6      -      Retail/Shops

Class 3      -      Residential units

Class 7a    -      Car park

 

Background

Existing 2 storey shops and offices

 

Key Issues

Noise, site management, public safety and amenity, building and development control and compliance, construction site management, fire safety, access and facilities for people with a disability and DDA issues and BCA matters.

 

7.2      Engineering

 

RTA Comments

The assessing officer is advised that Gardeners Road is classified as a state road at this location and consequently referral to the RTA may be required. Given access to the carpark is via the rear lane and traffic generation is minimal the RTA is not expected to have any issues with the proposal and a referral may not be necessary. If a construction zone is proposed in Gardeners Road then this will require approval from the RTA.

 

Prior to commencement of works a Road Occupancy Licence should be obtained from the RTA for any works that may impact on traffic flows on Bunnerong Road during construction activities.

 

Consolidation Comments

The site comprises of 3 separate allotments consisting of Lot B in DP 415212, Lot A in DP 311469 and Lot 8 in DP 10257. It is required that the site be consolidated into one allotment to avoid possible future complications and the creation of a number of easements such as for parking and access. In addition a number of walls are shown to have zero setback to the sites boundaries and a full plan of survey will fully determine the location of these boundaries and avoid any possible encroachments when construction commences.

 

The Plan of Survey will be required to be registered with the Land & Property Management Authority (LPMA) prior to the commencement of building works (see also road widening comments below).

 

Pedestrian safety/Road Widening Comments

The application will result in an increase in pedestrian traffic in Southern Cross Close

 

A 1.3m wide footpath is planned along the southern side of Southern Cross Close. The applicant will be required to dedicate as road widening the necessary width to achieve this amount (approximately 0.5-0.9m) along the lane frontage. It is advised the road widening dedication be done in conjunction with the registration of the Plan of survey to consolidate the three existing lots.

 

The required road widening will result in the balconies for the rear boarding house rooms to overhang the street boundary. Development Engineering does not support encroachments in to Council airspace apart from awnings.

 

The assessing officer is advised to add a condition requesting the CC plans demonstrating the balconies clear of the area to be dedicated for road widening. This may also be done by deferred commencement condition.

 

Assessing officer’s comment: A proposed condition of consent requires the building to be set back from the Southern Cross close frontage of the site in order for land to be dedicated to Council allowing for the construction of a 1.3m wide footpath on South Cross Close. This would result in a reduction in the depth of the balconies to the residential units fronting this street by between 500mm and 700mm. While this will reduce the useable space of these balconies, this is considered to be acceptable as there is a central communal courtyard of 190 sqm and the SEPP (Affordable Rental Housing) 2009 does not require the provision of private balconies for units.  

 

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.

 

Parking Comments

Parking Requirements for the site have been assessed as per the SEPP (Affordable Housing) and Council’s DCP-Parking. The current submission proposes 8 carspaces (with two disabled spaces) 15 motorbike spaces and 16 bicycle spaces. Five spaces have been allocated to the etail/restaurants while 1 space has been allocated to the boarding house caretaker. An additional two spaces have been allocated to guests’ disabled parking. It is unclear if these are intended to be shared with the restaurant retail area.

 

FOR RETAIL AREA & RESTAURANTS

The parking requirements for the restaurant and retail section have been calculated as per Council’s DCP-Parking which states the following rates relevant to the property.

 

For restaurants = 1 space per 40m2 then 1 per 20m2 thereafter.

Restaurant area = 72+80 = 152m2 = 2 + 72/20 = 5.6 = say 6 spaces

 

Retail Area at rear = 1 space per 40m2 = 1 space

 

TOTAL FOR RETAIL & RESTAURANT   = 7 spaces

Parking Provided                              = 5 spaces

Parking Deficiency                            = 2 spaces

 

The deficiency of two spaces has not been addressed in the accompanying SEE.

 

In consideration of this shortfall it is noted that it is unlikely that guests of the restaurant would ever use the rear entrance from the lane and prefer to park in Gardeners Road. The parking is only likely to be used by staff only. It is recommended that a minimum of one of the two disabled spaces be made available to the retail component to help offset the shortfall. A condition requesting this has been added to this report.

FOR BOARDING HOUSE

The Affordable Housing SEPP states in regulation 29(2e) that a consent authority must not refuse consent to development to which this SEPP applies on any of the following grounds:

if not more than:

 

(i)  one parking space is provided for each 10 boarding rooms or part thereof, and

(ii) one parking space is provided for each person employed in connection with the development and who is a resident on site,

 

The provision of 1 carspaces only for the boarding house is therefore satisfactory.

 

There are also two disabled spaces available which have not presently been allocated to either the boarding house or the retail. It is suggested these be shared between the boarding house and the restaurant.

 

Motorbike/Bicycle Spaces

Clause 30(1h) in the SEPP (Affordable Housing) states that a consent authority must not consent to development to which the SEPP applies unless it is satisfied of the following:

 

·      At least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms.

 

The above clause results in 14 bicycle spaces and 14 motorbike spaces (72/5) being required for the subject proposal. It is noted that 15 motor bike space and 16 bicycle spaces are proposed on the submitted plans and therefore the proposal meets the requirements of the SEPP (Affordable Housing).

 

Parking Layout

Aisle widths, carspace dimensions, ramp grades generally comply with Australian Standard 2890.1:2004. It is noted that the aisle width of 5.7m does not meet the minimum requirements of the standard which requires a width of 5.8m, however it is also noted that the carspaces are over compliant in width and depth thereby compensating for the small non-compliance of the aisle width.

 

Service Authority Comments

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

 

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

 

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

 

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

 

Given that the proposed works will be in excess of $2 million the applicant will be required to meet all costs associated with replacing the overhead wires with underground cables in the vicinity of the development site.

 

Waste Management Comments

The following comments have been based on Council’s ‘Waste Management Guidelines for Proposed Developments’ and the ‘Better Practice Guide for Waste Management in Multi-unit Dwellings’ available from DECC.

 

WASTE REQUIREMENTS FOR PROPOSED BOARDING HOUSE

A total of 72 rooms plus caretaker room are proposed. Each room appears to have one occupant. This results in a total of 73 occupants (including caretaker). Council’s Waste Management Guidelines indicate a waste generation rate for boarding houses of 9L/occupant/day for normal garbage and 3L/occupant/day for recycling.

 

Normal Waste

Waste generated per week (normal) = 73 (occupants) x 9 (litres) x 7 (days) = 4599L

 

Assuming a standard council bin of 240L

Number of normal (red) bins required = 4599/240 = 19.16 = say 19 bins

 

Recycled waste

Waste generated per fortnight (recycling) = 73 x 3 x 14 (fortnightly collection) = 3066 L

 

Assuming a standard council bin of 240L

Number of recycling (yellow) bins required = 3066/240 = 12.78 = say 13 bins

 

TOTAL NUMBER OF BINS REQUIRED FOR BOARDING HOUSE = 12 + 17 = 32 BINS

 

WASTE REQUIREMENTS FOR PROPOSED COMMERCIAL PREMISES

Waste collection for the commercial premises can be done at an increased frequency through Council or a private contactor. Sizing bin rooms can be difficult to estimate as future uses may not be known

 

For the subject development which specifies 2 restaurants and a retail area on the ground floor the following rates should be used for determining the waste requirements for this portion of the development and have been taken from Council’s Waste Management Guidelines.

 

For Restaurants = 670L/100m2FA/day (normal)       

                       = 140L/100m2FA/day (recycling)

 

For subject site of 2 restaurants with area 152m2 and retail area of 40m2

Restaurant component = 670 x 1.52 = 1018L = 4.24 bins per day (normal)

                                 = 140 x 1.52 = 213L = 1 bin per day (recycling)

 

Council’s Waste Management section has requested each restaurant shall have its own recycling bin hence the number of bins = 6 bins (4 normal & 2 recycling)

 

For retail area of 40m2 = 1 normal bin and 1 recycling

 

The commercial bin shall therefore be large enough to accommodate 8 bins consisting of 5 normal and 3 recycling bins.

 

The submitted plans indicate an area sufficient for the storage of 10 bins and hence comply with Council’s requirements.

 

Tree & Landscape Comments

The Gardeners Road footpath (for the full length and width of the site) has already been upgraded by Council in new, upgraded paving, and while it is anticipated that this frontage should not be affected given the ease of access directly off the lane at the rear, Southern Cross Close, conditions do need to be applied to protect Council’s assets, and require that the applicant be responsible for repairing any damage at their own cost (refer Security Deposit Conditions).

 

Despite not being shown on any of the submitted plans, there is a group of semi-established trees in the rear courtyard of the central lot (D.P. 10257), being a Eucalyptus scoparia (Wallangarra White Gum) and another Eucalyptus species (Gum Tree), both of around 8-10 metres in height, near the rear (northern) edge of the existing building, and then further to the north, against the southern edge of the existing garage, a Ficus elastica (Rubber Tree).

 

Council requires that the Rubber Tree be removed, irrespective of this application, as it is an undesirable and invasive species, and while there is obviously a preference to retain the two Gum Trees not only as they are the only established native plantings in the immediate area, but also as they could be incorporated as existing site features in this high density area, this will not be physically possible given that the Level 1 – Retail Ground Floor Plan (drawing SK 01) is shown as occupying the whole width and length of the site, which is permissible in the 3A Commercial Zone.

 

The re-design to ensure their retention would have a significant impact on the entire proposal, which is not warranted in this instance, and consistent with advice provided previously for PL/47/2010, permission is granted for their removal.

 

The Level 1 plan shows the creation of a central courtyard and palm plantings within raised planters, with the Level 5 – Residential Floor Plan (drawing SK 05) also indicating that raised planters will be provided on the roof terrace of the northern building.

 

Both initiatives are strongly supported by Council as they will not only improve the appearance of the proposed development and its interaction with the surrounding area, but will also benefit future occupants in terms of amenity and potential screening and privacy.

 

While details of these landscape components were previously requested, nothing has been provided with this submission, and therefore conditions specifying Council’s minimum requirements have been included in this report.

 

7.3      Design Review Panel

The comments provided by the Design Review Panel are extracted under the “SEPP No. 65” section of this report.

 

7.4      Sydney Airport  

The development site is located in the area which limits the height of structures to 15.24m without the prior approval of the Civil Aviation Safety Authority (CASA). Approval has been given subject to conditions which have been included in this report.

 

7.5      NSW Police - Eastern Beaches Local Area Command 

Comments and recommendations have been provided which are addressed by way of proposed conditions of approval.

 

8.        Master Planning Requirements

The site has a land area of only 871.2sqm and a master plan is not required.

 

9.        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 located within Zone No. 3B (Local Business Zone) under Randwick Local Environmental Plan 1998 (Consolidation). The proposed activity is permissible with Council’s consent. The proposal is consistent with the aims of the LEP and the specific objectives of the Business 3B Zone, in that the development will deliver affordable accommodation and it will not impact on the primary business function of the zone.

 

The following Clauses of the LEP 1998 are relevant to the proposed development:-

 

Clause

Requirement

Proposal

Compliance

20F Floor space ratios

(3) 3:1 in total

2:1 residential component

3.39:1

No

20G Building heights

 24 metres

26.4 m

No

 

The non-compliance with the building height standard is examined under the “SEPP 1” section of this report. The non-compliance with the floor space ratio standard is remedied by the more generous allowances under the SEPP (Affordable Rental Housing) 2009 as discussed in the following section. 

 

(b)            State Environmental Planning Policy (SEPP) (Affordable Rental Housing) 2009

The subject application is made pursuant to the SEPP (Affordable Rental Housing) and requires assessment under Clause 29 – Standards that cannot be used to refuse consent and Clause 30 Standards for boarding houses. The following tables outline the assessment:

 

Standard

Assessment

The density and scale of the buildings when expressed as a floor space ratio are not more than 3.5:1

3.39:1

Complies.

Building height if all proposed buildings comply with the maximum building height under another environmental planning instrument for any building on the land (that is, 24m).

26.4 m

Does not comply.

The proposal only entails a relatively minor deviation from the standard with the non-compliance occurring in the middle of the site, with no impact on the streetscape and limited environmental impact.

Landscape treatment if the front setback area is compatible with the streetscape in which the building is located.

The development is designed with a nil set back to the Gardeners Road frontage matching surrounding development and also a nil setback for the bulk of the development fronting Southern Cross Close, although the face of the retail unit is to be set back from the street boundary by 1.2m, upper levels have nil set back.

Where the development provides for one or more communal living rooms, if at least one of those rooms receives a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter.

The communal lounge room, kitchen and dining rooms are all north-facing and abut the central courtyard area and will achieve the required solar access.

Complies.

If at least the following private open space areas are provided (other than the front setback area):

(i)       one area of at least 20sqm with a minimum dimension of 3 metres is provided for the use of the lodgers;

(ii)      if accommodation is provided on site for a boarding house manager – one area of at least 8sqm with a minimum dimension of 2.5sqm is provided adjacent to the accommodation.

Open space for lodgers:

The communal podium courtyard has an area of 190sqm.

 

Private open space for manager:

The manager’s flat has a private courtyard of 9.2sqm and a depth of 3m.

Complies.

If not more than:

(i)       one parking space is provided for each 10 boarding rooms or part thereof, and

(ii)      one parking space is provided for each person employed in connection with the development and who is resident on the site

8 parking spaces are proposed with 1 space allocated to the boarding house manager, one space lodgers is proposed. The remainder is to be allocated to the retail tenants and with 2 disabled spaces to be provided, one of which is to be allocated to the restaurant/retail uses.

If each boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of at least:

(i)       12 square metres in the case of a boarding room intended to be used by a single lodger, or

(ii)      16 square metres in any other case

Over 90% of the rooms over 16sqm, with 35% being over 18 sqm in area. The SEPP allows for slight variations from the requirements of subclauses (1) and (2).

A boarding house may have private kitchen or bathroom facilities in each boarding room but is not required to have those facilities in any boarding room.

All rooms are self contained and include private kitchen and bathroom facilities.

 

Assessment of Clause 30 Standards for boarding houses

 

Standard

Assessment

(a) If a boarding house has 5 or more boarding rooms, at least one communal living room will be provided.

There is a communal living room within the building. Complies.

(b) No boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25 sq metres.

No room exceeds 25sqm after kitchen/bathroom facilities are excluded.

Complies.

(c) No boarding room will be occupied by more than 2 adult lodgers.

To be required by condition.

(d) Adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger.

There are adequate private facilities in each room.

Complies.

(e) If the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager.

One room is designated for the boarding house manager.

Complies.

(f) If the boarding house is on land within a zone where residential flat buildings are permissible, no new car parking for lodgers will be provided on the site.

One car parking for lodgers is proposed.

This minor deviation from the standard is considered to be acceptable.

 

 

(g) If the boarding house is on land zoned primarily for commercial purposes, no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use.

Proposed uses at ground level on both street frontages are non-residential.

Complies.

(h) At least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms.

The proposed boarding house has 72 rooms plus the manager’s room.

72/5 = 15

Complies.

 

(c)    State Environmental Planning Policy (SEPP) No. 65 Design Quality of Residential flat Development

SEPP No. 65 applies to the proposed development. The application has been referred to the Design Review Panel (DRP) for assessment. The design principles stipulated in the SEPP and the comments provided by the DRP are addressed as follows:

 

The proposal is subject to the SEPP Affordable Housing, which has provisions to vary the applicable LEP controls, including FSR and wall height.

The Panel visited the site. The main issues raised by the panel, including general comments are:

 

Context: The site is ideally suited to more urban use and intensification given the location of the site and the provisions of the SEPP (Affordable Rental Housing). The Panel understands that there may be a slight exceedance in height to allow for better interior spaces. The proposal makes a positive contribution to Southern Cross Close. The plan and sectional arrangement are supported, built to the street alignments.

 

Scale and built form: The scale of the development is supported, as is the thin cross-section of the rear building, the provision of a communal roof terrace with a 12m separation between the buildings, minimal car parking, minimal shadow impacts and no excavation. The main entry and retail frontage to Gardeners Road is sensible.

 

The panel considered that no floor to ceiling height for the residential component should be less than 2.7m and 3.2  metres for the non-residential tenancies.  

 

The side elevations are too blank and bulky, lightwell should be provided to increase light and ventilation to units and provide articulation to the sides of the development.

 

The external stair to the four storey building should be screened to prevent privacy impacts on the eight storey building and a roof should be provided to limit water running down it. 

 

The perimeter planter on the roof terrace to the northern building should be extended and the terrace set in from the sides to limit privacy impacts.

 

Density: Any argument for additional density should be supported by design quality, and good amenity for all dwellings. This is the case with this proposal. 

 

Resource/energy use, water efficiency : Good cross ventilation has been uniformly provided. Operable skylights and ceiling fans should be provided.

 

Landscape: Details are required.

 

Amenity for users of the development and safety/security aspects of the development: It is recommended to provide washing machines in al units. BCA compliance with fire stairs should be detailed. The structural integrity of the neighbour should be maintained at all times.

 

Social issues: The panel strongly supports affordable housing on well-located sites such as this. The apartment configuration and sizes are appropriate to provide housing choice in the area. The location of the common courtyard is strongly supported. An outdoor clothes drying area should be provided.

 

Aesthetics: The Panel is of the view that balustrades should not be solely clear glass to limit privacy impacts and ensure clutter is screened. The panel supports a good quality graphic design to the exterior side walls.        

 

Assessing officer’s comment:

 

Amended plans submitted on 19 January 2011 included provision of lightwells in the 8 storey building to improve amenity to the area outside the unit doors. A planter has been provided to the perimeter of the roof terrace on the northern building to limit impacts on adjacent properties. A proposed condition of approval requires the use of obscure/opaque glazing for balustrades to the units facing Southern Cross Close. Sections provided with the amended plans indicate that minimum floor to ceiling heights specified by the Panel have been achieved.

 

Lightwells have been provided in the amended plans for the eight storey building which improve internal light and ventilation. They do not, however, result in increased articulation to the side elevations of the eight storey building. This has been addressed by proposed condition of approval.      

 

A screen has been provided to limit privacy impacts from the external stair to the four storey building and a proposed condition requires that a roof be constructed over the stair.

 

The perimeter planter on the roof terrace to the northern building has been extended and the terrace has been set in from the sides to reduce potential for privacy impacts. 

 

Ceiling fans have been indicated on the plans and skylights have been provided in the eight storey building.      

 

A proposed condition of approval requires the provision of a detailed landscape plan for approval by Council officers.

 

Standard conditions of approval require compliance with the BCA and ensure that the adjacent properties are protected during construction at all times.

 

An outdoor clothes drying area has been provided.

 

A proposed condition of approval requires provision of obscure/opaque glazing for the balustrades for the units facing Southern Cross Close. A proposed condition requires submission of a graphic design for the exterior walls of the eastern and western elevations for approval by Council officers.  

 

9.1      Policy Controls

 

Development Control Plan Parking

The car parking requirements stipulated in the SEPP (Affordable Rental Housing) prevail over the DCP controls.

 

9.2      Development Control Plan No. 16 - Kingsford Commercial Centre

The subject property falls within the area to which this DCP applies. Controls applicable to the development which are not met are:

 

·      Building height plane control is defined by adopting:  on the front boundary a verticle plane to up to a maximum 12m, terminating in a parapet – then setback 5 metres (minimum) beyond a terrace, or roof then vertical to a maximum height of 24 metres;

 

·      Retention of contributory façade, being No. 20 Gardeners Road which forms part of the group at 20-28 Gardeners Road. 

 

Comment:

 

The subject application has been assessed against the design principles of State Environmental Planning Policies (SEPPs) No. 65 – Design Quality of Residential Flat Development and SEPP (Affordable Rental Housing) 2009. The Environmental Planning Instruments take precedence over the DCP when assessing a development to which they are subject. In addition, they are more recent documents than the DCP, which became effective in 1996. It is noted that Council’s Design Review Panel (DRP) assessed the development application against the design principles stipulated in SEPP 65 and considered that it would make a positive contribution to the area and that the scale of the proposal was “well suited to the site, and already found in the area”. Compliance with the requirements of the DCP is therefore considered to be unnecessary and indeed contrary to the objectives of good design.       

 

9.3      Randwick Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200,000

$4,180,000

1.0%

$41,800.00

 

10.      Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

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

Not applicable.

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

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

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

Not applicable. 

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

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 that are otherwise not assessed within the body of this report, are addressed below.

 

The proposed development is consistent with the land uses in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality, subject to the recommended conditions.

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

The site has convenient access to local retail services and public transport. The site has sufficient area to accommodate the proposed building structures. Therefore, the site is considered suitable for the proposed development.

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

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

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

The proposal is not considered to result in significant adverse environmental, social or economic impacts on the locality, subject to the recommended conditions. The development is considered to be within the public interest, subject to compliance with the conditions of consent.

 

10.1    Visual and acoustic privacy

The proposal does not contain any openings in the eastern or western facades, thereby limiting any impacts on the visual privacy of adjacent properties. A proposed condition of approval requires the use of opaque glazing in balustrades for units fronting Southern Cross Close to limit any privacy impacts to the north of the site. In addition, it is noted that there is a church hall presently being constructed on the opposite side of Southern Cross Close which will not be particularly impacted by the proposed development in this regard and provides a buffer from any more sensitive land uses.

 

The amended plans submitted on 19 January 2011 provide a planted buffer around all sides of the roof terrace on the northern building, thereby reducing the potential for over-looking of adjacent properties.

 

The subject property is located in a business zone with most land uses being predominantly commercial in nature. This results in adjacent land uses which are generally compatible with the proposed development. The proposal includes the provision of an on-site manager and proposed conditions of approval will also ensure that any noise impacts from the development are minimised.

 

10.2    Solar access

As the property has a north-south orientation, shadow impacts form the development are generally acceptable. Shadow diagrams provide by the applicant indicated that the proposed development will have the following shadow impacts at the winter solstice, 21 June:

 

·      9 am: Shadow will fall across properties to the west of the subject site, over surrounding roads and a small portion of the park on the opposite side of Gardeners Road.    

 

·      12 noon: The majority of shadow will fall on Gardeners Road with a small portion further to the east on the park on the opposite side of Gardeners Road.

 

·      3 pm: Some shadow will fall on the roof of the site immediately to the east of the subject site, the major part of the shadow will fall on Gardeners Road and again further to the east, a small part of the park on the opposite side of the road will be shaded.

 

It is considered that these impacts are acceptable, including any impact on the park, where approximately 9sqm would be shaded at any one time.   

 

10.3    General amenity for lodgers

The proposal is considered to provide suitable internal amenity for the occupants for the following reasons:

 

·      Each accommodation unit is self-contained with a private bathroom and kitchenette.

·      All units are catered for a maximum of two persons and the bedroom areas have sufficient dimensions for proper furniture arrangement. 

·      The kitchenette is designed to contain cooking and refrigeration facilities. It has sufficient space for the temporary storage of waste materials.

·      Each unit has access to a small balcony or terrace, which allows passive outdoor recreation.

·      A common room dining room and lounge room are provided at first floor level with access to the central courtyard area, which enables interactions between residents.

·      The submitted operational management information (contained in the Statement of Environmental Effects) has specified the minimum furnishing requirements for the accommodation units. A specific condition is recommended to ensure these requirements are adhered to during the operation phase of the development.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome (4):     Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development complies with the relevant objectives and requirements of RLEP 1998 (Consolidation) and SEPP (Affordable Rental Housing) 2009. The proposal also satisfies the provisions of SEPP 65 – Design Quality of Residential Flat Development and is considered to have urban design merit.

 

The SEPP 1 Objection lodged with respect to the non-compliance with the maximum height control is considered to be well founded. Impacts from the development are considered to be acceptable. 

 

The application is recommended for approval subject to conditions.

 

 

Recommendation

 

A.     That Council supports the objection under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 20G(5) of Randwick Local Environmental Plan 1998, relating to maximum building height, 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. 1009/2010 for demolition of the existing structures on site a construction of a part 4 storey and part 8 storey mixed use development comprising 72 boarding house units and 3 ground level commercial tenancies , at No. 14-20 Gardeners Road, Kingsford subject to the following conditions:

 

Conditions of Consent

 

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

 

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

 

Plan Number

Dated

Received

Prepared By

DA-01(b)

10/12/10

19 January 2011

Julie Cracknell & Peter Lonergan Architects

DA-02(b)

10/12/10

19 January 2011

DA-03(b)

10/12/10

19 January 2011

DA-04(b)

10/12/10

19 January 2011

DA-05(b)

10/12/10

19 January 2011

DA-06(b)

10/12/10

19 January 2011

DA-07(b)

10/12/10

19 January 2011

DA-08(b)

10/12/10

19 January 2011

DA-09(b)

10/12/10

19 January 2011

 

DA-10(b)

10/12/10

19 January 2011

 

DA-11(b)

10/12/10

19 January 2011

 

 

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:

 

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

 

3.       Opaque/opaque glass must be used in the balustrades to the exterior balconies for the residential units in the building fronting Southern Cross Close. 

 

Details demonstrating compliance with the above requirements are to be incorporated in the Construction Certificate documentation.

 

4.       The face of the building fronting Southern Cross Close must be set back in accordance with the required land dedication to Council. The set back is to be achieved through the reduction in depth of the balconies for the residential units facing Southern Cross Close; details are to be provided with the  Construction Certificate documentation.

5.       Prior to the issuing of a construction certificate, the applicant shall submit to Council, evidence that the right of footway and easement for laundry created by dealing JI32593 have been extinguished and no longer burden the land in the adjoining property, Lots 1 and 2 in DP210743.

6.       A roof is to be provided over the external stair on the southern side of the northern building. Details are to be provided with Construction Certificate documentation.

 

7.       The reflectivity index of external glazing for windows and wall openings and balcony balustrades is to be no greater than 20%. Written confirmation of the reflectivity index of glazing materials is to be submitted with the Construction Certificate application.

 

8.       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.

 

9.       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.

 

10.     Lighting to the premises shall be designed in accordance with Australian Standard 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting, so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

11.     In accordance with the provisions of Clauses 143A and 154A of the Environmental Planning and Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the accredited certifier / Council, prior to issuing a Construction Certificate and an Occupation Certificate, respectively.

 

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

 

12.     In accordance with Council’s Section 94A Development Contributions Plan, effective from 2 July 2010, the following monetary levy must be paid to Council:

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200000

$4,180,000

 

1.0%

$41,800.00

 

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 Contributions Plan may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.

 

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

 

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

 

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

 

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

 

The following conditions are applied to ensure proper operation and management of the subject boarding house:

 

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

 

16.     The boarding house accommodation are to achieve the following internal acoustic amenity criteria:

 

a.   In naturally ventilated units; the repeatable maximum LAeq (1 hour) shall not exceed:

 

i.    35 dB(A) between 10pm and 7am in sleeping areas when the windows are closed;

ii.   45 dB(A) in sleeping areas when windows are open;

iii.   45 dB(A) in living areas (24 hours) when the windows are closed, and

iv.  55 dB(A) in living areas when the windows are open.

 

b.   In units provided with mechanical ventilation, air conditioning or other complying means of ventilation, when doors and windows are shut, the repeatable maximum LAeq (1 hour) shall not exceed:

 

i.    38 dB(A) between 10pm and 7am in sleeping areas;

ii.   46 dB(A) in living areas (24 hours).

 

Details of compliance with the relevant criteria is to be included in the construction certificate application and written confirmation of compliance is to be provided to the Council and the Certifying Authority, by the Acoustic consultant, prior to the occupation certificate being issued.

 

17.     An amended Plan of Management (PoM) shall be submitted to Council and accepted in writing by the Manager of Health, Building and Regulatory Services prior to the occupation certificate being issued. The PoM is to be prepared by an independent, suitably qualified and experienced consultant in acoustics.

 

The PoM is to include (but not be limited) measures and procedures required to be followed so as to;

 

1)   Any recommendations and requirements contained in the Acoustic report are to be implemented accordingly,

2)   Appropriate restrictions of use of communal areas including outdoor areas,

3)   Ensure compliance with the relevant conditions of approval,

4)   Minimise the potential impact of the operation of the premises upon nearby residents,

5)   Effectively minimise and manage anti-social behaviour,

6)   Nominate the permissible maximum number of occupants per room

7)   Identify permissible use of external balconies (i.e. restrict hanging clothes over balconies, storage of excessive furniture, late night social gatherings etc)

 

18.     Use of the premises must be in accordance with the Operation and Management information stated on pages 21 and 22 of the Statement of Environmental Effects, prepared by Cracknell Lonergan Architects, and stamp-received by Council on 16 November 2010.

 

19.     The boarding house premises shall be operated in accordance with the definition of “boarding house” as stipulated in Randwick Local Environmental Plan 1998 (Consolidation). Accommodation is not to be provided on a temporary basis to persons whose principal place of residence is elsewhere and/or for tourism purposes.

 

20.     Each proposed dwelling unit within the development, including the manager’s room / caretaker’s flat, shall accommodate a maximum of 2 residents at all times.

 

21.     Each dwelling unit shall only be leased to related family members or couples. The manager/caretaker shall be responsible for ensuring that this requirement is adhered to by validating relevant personal details before admission. This condition is to ensure that strangers are not sharing the units and potentially altering the approved use of the premises.

 

22.     The manager/caretaker of the boarding house must reside on the premises and must be a person over the age of 18 years.

 

23.     The manager shall ensure that a notice is placed near the entrance to the property in a visible position to the public, advising of the manager’s/ caretaker’s name and contact number.

 

24.     The manager/caretaker shall maintain a record of all residents with details of their names, length of stay and number of persons in each room. This information shall be stored for a minimum of 12 months on site and made available to Council’s Officers upon request.

 

25.     All residents in the boarding house are to sign a lease or license agreeing to comply with the house rules for the boarding house, with a copy of the house rules being given to each occupant.

 

26.     The individual rooms and common areas of the boarding house, including the common room, toilet, outdoor communal courtyards and forecourt areas shall be maintained in a clean and tidy condition at all times.

 

27.     Places of Shared Accommodation must comply with the Local Government (General) Regulation 2005 and the premises must be registered with the Council, and the approved registration/inspection fee is to be forwarded to Council prior to issuing an occupation certificate.

 

The following conditions are applied to ensure that the development satisfies relevant legislative requirements and to provide reasonable levels of health, safety and amenity:

 

Building Regulation & Construction Site Management

 

28.     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.

 

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

 

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

 

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

 

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

 

·            appoint a Principal Certifying Authority for the building work, and

·            appoint a principal contractor for the building work, or in relation to residential building work, and notify the Principal Certifying Authority and Council accordingly in writing, and

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Details of the Licensed Building Contractor (and a copy of 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.

 

36.     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.

 

37.     Prior to issuing an interim or final Occupation Certificate, a single and complete Fire Safety Certificate, which encompasses all of the essential fire safety measures contained in the fire safety schedule must be obtained and be submitted to Council, in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000. A copy of the Fire Safety Certificate must be displayed in the building entrance/foyer and a copy of the Fire Safety Certificate must also be forwarded to the NSW Fire Brigades.

 

An annual Fire Safety Statement is also required to be submitted to the Council and the NSW Fire Brigades, each year after the date of the Fire Safety Certificate, in accordance with the Environmental Planning & Assessment Regulation 2000.

 

38.     A report or written correspondence must be obtained from a suitably qualified professional geotechnical engineer shall be submitted to the certifying authority prior to the issuing of a construction certificate, confirming the suitability and stability of the site for the proposed building and certifying the suitably and adequacy of the proposed design and construction of the building for the site.

 

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

 

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

 

Any practices or recommendations specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises or land must be fully complied with and incorporated into the documentation for the construction certificate. A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

44.     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 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 2005.

·       Relevant Department of Environment & Climate Change (DECC)/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.

 

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

 

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

 

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

·       Details of hazardous materials (including asbestos)

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

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

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

·       Methods and location of disposal of any hazardous materials

·       Other relevant details, measures and requirements to be implemented

·       Date the demolition works will commence

 

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

 

If the work involves asbestos products or materials, a copy of the Demolition Work Plan must be provided to Council.

 

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

 

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

 

a)   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.

 

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

 

c)   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.

 

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

 

47.     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.

 

48.     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.

 

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

 

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

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

 

2)     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.

 

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Internal work only within a commercial or industrial development, located in a commercial or industrial zone, which is not audible within any residential dwelling or commercial or industrial premises

·   Monday to Saturday - No time limits (subject to column 1)

·   Sunday & public holidays - No work permitted

Additional requirements for all development (except for single residential dwellings)

·   Saturdays and Sundays where the preceding Friday and/or the following Monday is a public holiday - No work permitted

 

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

 

50.     A Construction Noise & Vibration Management Plan, prepared in accordance with the Department of Climate Change Guidelines for Construction Noise and Assessing Vibration, by a suitably qualified person, is to be developed and implemented prior to commencing site work and throughout the course of construction, to the satisfaction of the Council.

 

a)     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.

 

b)     The Construction Noise & Vibration Management Plan must include details of measurements, analysis and relevant criteria and demonstrate that the noise and vibration emissions from the work satisfy the relevant provisions of the Protection of the Environment Operations Act 1997, current DECC Guidelines for Construction Noise and Assessing Vibration and Councils conditions of consent.

 

c)     A further report/correspondence must be obtained from the consultant as soon as practicable upon the commencement of works, which reviews and confirms the implementation and suitability of the noise and vibration strategies in the Construction Noise & Vibration Management Plan and which demonstrates compliance with relevant criteria.

 

d)     Any recommendations and requirements contained in the Construction Noise & Vibration Management Plan and associated reports are to be implemented accordingly and should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to Council and the PCA.

 

A copy of the Construction Noise & Vibration Management Plan and associated acoustic/vibration report/s must be maintained on-site and a copy must be provided to Council and the Principal Certifying Authority accordingly.

 

51.     Public health, safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be satisfied:

 

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

 

b)       Building materials, sand, soil, waste materials 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.

 

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 & Regulatory Services department.

 

d)       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

i)        A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the site which comprise:-

 

·     any works or hoisting of materials over a public footway or adjoining premises, or

·     any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.

 

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

 

j)        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.

 

k)       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.

 

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

 

The owner/builder must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council, prior to the issuing of an occupation certificate for the development. For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

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

 

52.     A Construction Site Management Plan is to be developed and implemented prior to the commencement of any site 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 Council and the Principal Certifying Authority.  A copy must also be maintained on site and be made available to Council officers upon request.

 

53.     During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to the satisfaction of Council.

 

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

 

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·       Landscaping and revegetation of disturbed areas.

 

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

 

§   prior to construction of the first constructed floor/floor slab (prior to pouring of concrete),

§   prior to construction of each additional new floor level,

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

§   as may be required by the Principal Certifying Authority.

 

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

 

Occupant Safety

 

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

 

Options may include one or more of the following measures:

 

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

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

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

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

v.    Other appropriate effective safety measures or barrier.

 

Access & facilities

57.     Access, facilities and car parking for people with disabilities must be provided to new building work in accordance with the relevant provisions of the Building Code of Australia and AS1428.1, AS4299 and 2890.1 and conditions of consent, to the satisfaction of the Certifying Authority.  Details of the proposed access, facilities and car parking for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

Health and amenity

 

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

 

59.     Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council and the location, collection, storage and removal of wastes generated within the premises must not result in a public health nuisance or cause pollution.

 

60.     A separate development application and construction certificate or a complying development certificate (as applicable) must be obtained if the premises is to be used at any time for any of the purposes detailed below:

 

·       All food businesses (including premises used for the sale, storage, preparation and distribution of food and drinks)

·       Hairdressing salons, Beauty salons, Businesses involving Skin Penetration & Piercing, Massage businesses

·       Licensed premises, places of public entertainment and hotels

·       Places of Shared Accommodation (including Boarding / Lodging Houses, Bed & Breakfast businesses, Backpackers, Residential Hotels or the like

·       Premises which have a Cooling Tower or Warm Water System

·       Business providing any form of sexual service (i.e. brothel or the like).

 

Business premises which are used for these purposes must comply with relevant public health and safety legislation and requirements and they must be registered with Council prior to an Occupation Certificate being issued for the development. The relevant registration and inspection fee is also required to be paid to Council in accordance with Council’s adopted Pricing Policy.

 

Services

 

61.     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 applicable, the Construction Certificate plans and Structural Engineering details must be amended to satisfy the requirements of Sydney Water.

 

If the proposal is acceptable to Sydney Water, 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 is required to ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before the commencement of any works.

 

Security Deposit Conditions

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

 

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

 

a)   $5000.00   -      Damage/Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

 

Traffic conditions/Civil Works Conditions

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

 

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

 

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

 

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

 

c)   Construct a 1.3m wide concrete footpath along the full site frontage in Southern Cross Close. 

 

64.     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.

 

65.     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.

 

66.     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.

 

67.     Carspaces, aisle widths and driveway grades are to be provided in accordance with the requirements of Australian Standard 2890.1:2004. Plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

68.     A minimum of one of the disabled carspaces shall be made available to the retail component of the proposal. Plans submitted for the construction certificate shall demonstrate shall demonstrate compliance with this requirement.

 

69.     Prior to commencement of works a Road Occupancy Licence should be obtained from the RTA for any works that may impact on traffic flows in Gardeners Road during construction activities.

 

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

 

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

 

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

 

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

 

72.     The minimum clear distance from the existing footpath in Gardeners Road to the underside of the proposed awning shall be 3.00 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

73.     All new awnings shall be set back a minimum of 600mm from the face of kerb. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

74.     Upon completion of the construction of the awning, certification of the structural adequacy of the awning must be provided to the Council.

 

Site Consolidation conditions

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

75.     Prior to the commencement of building works a Plan of Consolidation shall be lodged and registered at the Land Property Management Authority (LPMA)  consolidating Lot A in DP311469, Lot 8 in DP 10257 and Lot B in DP 415212. A copy of the survey plan shall be forwarded to the Principal Certifying Authority (PCA) and Council if Council is not the PCA.

 

NOTE:

 

The plan of consolidation shall also include the road widening requirements as required in the following condition

 

76.     The applicant shall dedicate to Council the amount of land as required along the full Southern Cross Close frontage to facilitate the construction of a 1.3m wide concrete footpath to be wholly located on Council property.

 

Alignment Level Conditions

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

 

77.     The Council’s Development Engineer has inspected the above site and have determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall be:

 

Southern Cross Close Frontage

 

·      150mm above the invert of the gutter at all points opposite the gutter, along the full site frontage.

 

Gardeners Road Frontage

 

·      Match back of the existing footpath along the full site frontage.

 

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

 

79.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $758 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Service Authority Conditions

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

 

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

 

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

 

82.     Documentary evidence from the relevant public utility authorities confirming that their requirements have been satisfied, must be submitted to the certifying authority prior to a construction certificate being issued for the development.

 

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

      

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

 

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

 

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

 

85.     The applicant shall meet the full cost of the overhead power lines and telecommunication cables located in the vicinity of the development site to be relocated underground and all redundant power poles to be removed. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.

 

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

 

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

 

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

 

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

 

Drainage Conditions

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

 

Protection from flooding

87.     The proposed internal driveway (and any other openings into the carpark) must be designed with a high point at least 250 mm above the invert of the gutter in Southern Cross Close. Plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

88.     The floor level of the ground floor retail area at the rear of the site shall be 250mm above the adjacent gutter level in Southern Cross Close or suitably protected up to this level. Plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

Internal Drainage

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

 

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

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

 

91.     All site stormwater must be discharged (by gravity) to the kerb and gutter in Gardeners Road at the front of the property or Southern Cross Close at the rear of the property (without the use of a charged system).

 

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

 

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

 

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

 

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

 

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

 

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

 

95.     Any onsite detention/infiltration systems shall be located in areas easily accessible.

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

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

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

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

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

·      A sign adjacent to the pit stating:

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

 

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

 

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

 

Notes:

 

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

 

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

 

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

 

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

b)    Finished site contours at 0.2 metre intervals;

c)    Volume of storage available in the detention areas;

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

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

f)    Details of any infiltration/absorption systems; and

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

 

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

 

Waste Management Conditions

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

 

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

 

104.    The waste storage areas shall be clearly signposted.

 

105.    Waste management arrangements for the site are to be in accordance with the approved Waste Management Plan received and stamped by Council 16th November 2010.

 

Landscape Conditions

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

 

106.    Prior to the commencement of any site works, a detailed landscaped plan which has been prepared by a qualified professional in the Landscape/Horticultural industry, must be submitted to, and be approved by, the PCA, and must show the following:

 

a.       A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting, which are to be drawn at their mature size.

 

b.       A planting schedule listing all plants by botanic & common names, quantities, spacings/densities, accent/feature planting, pot sizes, the estimated size at maturity (height & spread) and proposed staking methods when applicable.

 

c.       Any other additional details that will fully explain the landscape works such as soil and mulch, edging, paving, fencing, lighting, surface finishes, retaining walls and similar.

 

d.       At least 1 x 100 palm (pot/bag size, clear trunk height of 1.2m at the time of planting) shall be planted within each of the two raised planter boxes shown on the Level 2 Podium Plan (DA02), selecting species which will attain a minimum of 8 metres in height at maturity.

 

e.       Smaller, decorative feature/accent species shall be under-planted in the areas described in point ‘d’ above to ensure optimum appearance for the amenity of future occupants.

 

f.        Suitably hardy species shall also be selected for the two raised planters shown on the Level 5 Roof Terrace (DA04).

 

g.       The Level 2 planter box must have a minimum soil depth of 800mm, the Level 5 planter 600mm, with any lawn to have a minimum soil depth of 300mm.

 

h.       Sectional elevations through the site showing proposed soil depths, building elevations, and mature height of proposed planting.

 

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

 

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

 

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

 

Tree Removals

107.    Approval is granted for removal of the group of semi-established trees in the rear courtyard of the central lot (D.P. 10257), being a Eucalyptus scoparia (Wallangarra White Gum) and another Eucalyptus species (Gum Tree), near the rear (northern) edge of the existing building, and then further to the north, against the southern edge of the existing garage, a Ficus elastica (Rubber Tree), as this species is listed as an environmental weed.

 

NSW Police Requirements

108.    The development must incorporate the recommendations of the Safer by Design Crime Risk Evaluation report prepared by the NSW Police Force and received by Council on 3 march 2011.

 

Conditions to satisfy the requirements of Sydney Airport Corporation Limited

109.    The approved height is inclusive of all lift over-runs, vents, chimneys, aerials TV antennae, construction cranes etc.

 

Should the development exceed 50.08 metres above Australian Height Datum (AHD), a new application must be submitted.

 

110.    Should the height of any temporary structure and/or equipment be greater than 50 feet (15.24 metres) above ground height (AEGH), a new approval must be sought in accordance with the Civil Aviation (Buildings Control) Regulations Statutory Rules 1988 No. 161.

 

Construction cranes may be required to operate at a height significantly higher than that of the proposed controlled activity and consequently may not be approved under the Airports (Protection of Airspace) Regulations.

 

SACL advise that approval to operate construction equipment (i.e cranes) should be obtained prior to any commitment to construct.

 

Information required by SACL prior to any approval is to include;

 

·        The location of any temporary structure or equipment, i.e construction cranes planned to be used during construction relative to Mapping Grid of Australia 1994 (MGA94);

·        The swing circle of any temporary structure/equipment used during construction;

·        The maximum height relative to AHD of any temporary structure/equipment i.e construction cranes, intended to be used in the erection of the proposed structure/activity;

·        The period of the proposed operation 9i.e construction cranes) and desired operating hours for any temporary structures.

 

Any application for approval containing the above information should be submitted to SACL at least 35 days prior to commencement of works in accordance with Airports (Protection of Airspace) regulations Statutory Rules 1996 No. 293, which now apply to Sydney Airport.

 

For further information on Height Restrictions contact Michael Turner on (02) 9667 9218.

 

111.    Under Section 186 of the Airports Act 1996 it is an offense not to give information to the Airport Operator that is relevant to a proposed “controlled activity” and is punishable by a fine of up to 50 penalty units.

 

112.    The height of the prescribed airspace at the site is 51 metres above Australian Height datum (AHD). In accordance with regulation 9 of the Airports (Protection of Airspace) Regulations Statutory Rules 1996 No. 293 “a thing to be used in erecting the building, structure or thing would, during the erection of the building, structure or thing would, intrude into PANS OPS airspace for the Airport, cannot be approved”.

 

113.    Bird and Obstacle Hazard Management:

 

·      The area in which the proposed development is located is in the vicinity of Sydney (KS) Airport.

·      To minimise the potential for bird habitation and roosting, the Proponent must ensure that non-bird attracting plant species are used in any landscaping design.

·      Any landscaping design must minimise the attractiveness for foraging birds, ie site is kept clean regularly, refuse bins are covered, and detention ponds are netted.

·      All trees to be planted shall not be capable of intruding into the Obstacle Limitation Surface when mature.

 

ADVISORY MATTERS:

 

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

 

 


Ordinary Council                                                                                                      24 May 2011

 

 

Director City Planning Report No. CP31/11

 

 

Subject:                  155-157 Arden Street, Coogee

Folder No:                   DA/58/2008/C

Author:                   Wendy Wang, Environmental Planning Officer     

 

Proposal:                               Section 96(2) modification of approved development by altering lift over-run, exhaust ducts, electric room, internal changes, external walkway, stairs, planter boxes, new basement ventilation grilles, relocation of skylights, change to storeroom, additional screening and adding floor space at the lower ground level

Ward:                      North Ward

Applicant:                PNPL Properties Pty Ltd & Sydnee Pty Ltd

Owner:                         PNPL Properties Pty Ltd & Sydnee Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 

1.    Executive Summary

 

The subject section 96(2) modification application is referred to Council as the original development application was determined by Council.

 

The approved development involves the demolition of existing structures on site and construction of a new three (3) storey multi-unit housing development comprising 8 x 3 bedroom dwellings, basement car parking for 19 vehicles including right of way access to the adjoining property to the south, landscaping, fencing and associated stormwater drainage works.

 

The original application was approved 28 July 2009 following a Section 82A Review, seeking a review of refusal of the application, subject to deferred commencement conditions.

 

The proposed modifications include alterations to lift over-run, exhaust ducts, electric room, internal changes, external walkway, stairs, planter boxes, new basement ventilation grills, relocation of skylights, change to storeroom, additional screening and adding floor space at the lower ground level.

 

The application was advertised and notified to the adjoining and nearby properties from 9–23 March 2011 in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. No submissions were received at the conclusion of the public consultation process.

 

The proposed modifications do not give rise to unreasonable levels of additional amenity impacts and there is no substantial change to the massing of the approved building. The proposal is considered to be substantially the same development as was originally approved and satisfies Section 96 of the Environmental Planning and Assessment Act 1979.

 

The application is therefore recommended for approval subject to conditions.

 

2.    The Proposal

 

The application is seeking to make modifications to the approved development which was granted development consent to demolish the existing structures on site and construct a new three (3) storey multi-unit housing development comprising 8 x 3 bedroom dwellings, basement car parking for 19 vehicles including right of way access to the adjoining property to the south, landscaping, fencing and associated stormwater drainage works.

 

The current Section 96 application proposes the following modifications as detailed below: 

 

·           Provision of an additional storeroom, increase in the size of the ensuite and WIR for Apartment 1. The additions include construction of a new floor level within the basement, with a new floor to ceiling height of 2.4m in the new section. The storeroom has window openings on the northern side of the building. The storeroom, ensuite and walk-in-robe have a total floor area of 40m2.

 

Assessing Officers Comment

The void area over the approved basement parking to be filled in as part of this application creates a new room with an area of 25.74m2 (this does not include the proposed enlargement of the apartment 1 ensuite and WIR). Given the size of the proposed ‘storeroom’, its ample floor to ceiling height and provision of new windows, the area is easily capable of being concerted into living space, as such, it will be assessed as additional living area for Apartment 1.  

·           New communal storage room and reconfiguration of the garbage room and fire egress passage at the lower ground floor.

·           Amend the approved lift overrun to allow for the selected lift model

·           Modify the exhaust duct and electrical/comms room;

·           Amend column layout

·           Amend store room layout

·           New ventilation grilles installed to the external eastern elevation of the car park

·           Internal reconfiguration/modifications to units

·           Modifications to approved planter boxes

·           Modification to lift and exhaust ducts

·           Internal stairway changes and associated reconfiguration of walls

·           Changes to external stairway for access to the building

·           Changes to external walkway along the northern elevation by installing angled timber balusters to allow for additional screening/privacy.

·           Amendments to external walkway

·           Modifications to the roof including relocation of approved skylights, additional timber screening and modifications to walkway to match floors below

·           Reorientation of the timber privacy louvers along the walkway at the upper floor level.

 

3.    The Subject Site and Surrounding Area

 

The subject site consists of Lots 1 and 2 in DP 200740, No. 155 and 157 Arden Street, Coogee. The site is located on the eastern side of Arden Street, between Arcadia Street to the north and Bream Street to the south. The dimension and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern side boundary

49.38m

 

Southern side boundary

49.225m

 

Eastern rear boundary

20.115m

 

Western street boundary

20.12m

 

 

 

991.6m2

 

The site falls from the north-west to the south-east with a cross fall of approximately 7.7m. The site is elevated above the carriageway of Arden Street, supported by a sandstone block retaining wall of approximately 2.5m in height, as measured between the lower level roadway and the footpath, which the latter is at the same level as the site. The sandstone retaining walls extend along the eastern and western sides of Arden Street between Arcadia and Bream Streets, where the roadway has been cut into the hill slope.

 

The site is currently occupied by a pair of single-storey semi-detached dwelling houses. Immediately adjoining the site to the north are four x three-storey residential flat buildings (No. 153 Arden Street and Nos. 19, 21 and 23 Arcadia Street) and a part two- and part three-storey detached dwelling house (No. 25 Arcadia Street). To the south of the site is a double-storey residential flat building (No. 159 Arden Street). Adjoining the site along the rear boundary is a three-storey residential flat building (No. 108 Beach Street).

 

The locality is characterised by a mixture of detached, semi-detached and multi-unit residential developments.

 

4.    Site History

 

DA/58/2008: At the Ordinary Council Meeting held on 22 July 2008, Council resolved to refuse development consent to DA/58/2008, which proposed the demolition of existing structures on site and construction of a 3 storey multi-unit housing development comprising 8x3 bedroom dwellings, basement car parking for 19 vehicles including right of way access to the adjoining southern property, landscaping, fencing and associated stormwater drainage works.

 

Following the determination for refusal, the applicant has subsequently lodged a Section 82A Review application, seeking a review of the determination. The proposal was reported to Council in July 2008, subsequently deferred for mediation between objectors and the applicant and approved via deferred commencement on 28 July 2009. The deferred commencement conditions were satisfied and the consent made operational from the 4 March 2010 with it lapsing on 4 March 2015.

 

DA/58/2008/A: approved at the Ordinary Council Meeting held on 22 June 2010 for Section 96(1A) modification of the approved development by deleting Condition No. 82 requiring the undergrounding of power and telecommunication lines

 

DA/58/2008/B: approved under delegated authority on 18 January 2011 for Section 96(1A) modification of the approved development by altering vehicle access into the adjacent site.

 

5.    Community Consultation

 

The application was advertised and notified to the adjoining and nearby properties from 9 – 23 March 2011 in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. No submissions were received at the conclusion of the public consultation process.

 

6.    Technical Officers Comments

 

No internal/external referrals were required for the assessment of this application.

 

7.    Section 96 Assessment

 

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:

 

7.1 Substantially the Same Development

In accordance with Section 96 of the Environmental Planning and Assessment Act, 1979 the proposed changes are considered reasonable and will result in a development that is substantially the same as the originally approved development. As such they can be assessed under Section 96 of the Act.

 

8.    Relevant Environmental Planning Instruments

 

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

-      Environmental Planning and Assessment Act 1979 as amended.

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

-      State Environmental Planning Policy 65 – Design Quality of Residential Flat Development

-      Randwick Local Environmental Plan 1998 (Consolidation).

-      Development Control Plan – Multi Unit Housing

-      Development Control Plan – Parking

-      Building Code of Australia.

 

8.1 Randwick Local Environmental Plan 1998 (Consolidation)

The site is zoned Residential 2C under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent. The relevant zone objectives are as follows:

 

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

The objectives of Zone No 2C are:

 

(a)  to allow a variety of housing types within residential areas, and

(b)  to allow a range of community facilities to be provided to serve the needs of residents, workers and visitors, and

(c)  to enable residential development in a variety of medium density housing forms where such development does not compromise the amenity of surrounding residential areas, and

(d)  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, and

(e)  to enable a mix of housing types to encourage housing affordability.

 

The following clauses of the LEP are relevant to the proposed development:

 

Clause

Required

Proposed

Compliance

20E Landscaped area

(2) Minimum 50% of the site area (or 292.65m2)

 

 

 

(3) Landscaped areas over podiums or excavated basement areas not to exceed 50% of landscaped area provision

A total of 50% site area or 494m2 is provided as landscaped area. Complies

 

50% of the total landscaped area provision or 244m2 is located over the basement car park (Complies)

 

As existing – the current application does not seek to alter the available landscaped area on the site and a SEPP 1 is therefore not required.

20F

Floor space ratio

 

 

 

0.65:1 for sites less than 700m2 in 2C zones

(or 892.4m2 GFA)

 

Existing approved GFA: 1026m2 (FSR of 1.03:1)

 

Proposed GFA: 1066m2 (FSR of 1.07:1)

 

Does not comply. However, a SEPP 1 objection is not required as the proposed modifications have been submitted

 

20G

Building height

(2) Overall height: 12m

 

 

(4) External wall height: 10m

Maximum height 10.65m

 

Maximum wall height 10m

As existing

Clause 29 Foreshore Scenic Protection Area

 

Clause 29 of the LEP stipulates that Council may only grant consent after consideration has been given to the aesthetic appearance of the proposed building in relation to the foreshore.

The proposed alterations and additions to the approved building will result in minor changes to the appearance of the dwelling when viewed from the street. The proposal involves mostly minor external changes, internal modifications and the addition an external staircase at the rear of the site. The resultant development is considered to be consistent with that of the surrounding development and will not detract from the scenic qualities of this foreshore location. The modified development is satisfactory with regard to Clause 29 of RLEP 98

 

The proposed amendments to plans do not seek to amend the approved building envelope, landscaped area or maximum building height. Consequently, the proposed amendments do not affect the previous assessment of the development, with regard to Clauses 20E, 20F & 20G of the RLEP 1998 (Consolidation).

 

The current proposal does not seek to amend the approved overall building height of RL 37.25. The existing roof level is maintained and the approved lift overrun is increased by 320mm to maximum RL 37.57. The lift overrun is located on the northern side of the roof of the building and does not form part of the building’s external walls. Consequently, there is no increase to the approved external wall height of the building.

 

Although the proposal seeks to increase the approved FSR from 1.03:1 to 1.07:1, the increase is acceptable given the following reasons: -

 

·      The additional floor area is located at the lower ground floor level filling in a void area over the basement car park and will not increase the approved building envelope maximum building height

 

·      The floor area will not generate additional amenity impacts to the adjoining properties of public domain with regard to solar access, loss of views or privacy.

 

·      The size, bulk and scale of the approved development is maintained noting the floor area largely fills void space and the window projection aligns with the levels above and at the lower ground level.

 

The proposed modifications are considered to be reasonable and will not result in unacceptable impacts to the adjoining properties. The application is therefore recommended for approval as it is generally consistent with the aims of RLEP 1998 (Consolidation) and the specific objectives of the zone in that the proposed built form will not compromise the aesthetic character, environmental qualities and social amenity of the locality.

 


8.2      State Environmental Planning Policy 65 – Design Quality of Residential Flat Development

 

This Policy applies to development being:

 

a.     The erection of a new residential flat building, and

b.     The substantial redevelopment or the substantial refurbishment of an existing residential flat building, and

c.     The conversion of an existing building to a residential flat building.

d.     If particular development comprises development to which subclause (1) applies and other development, this Policy applies to the part of the development that is development to which subclause (1) applies and does not apply to the other part.

The guide stipulates that the SEPP is to be applied in accordance with the following:

 

Definition of residential flat building and application of SEPP No 65

The SEPP will apply to residential flat buildings of three or more storeys (not including levels that protrude less than 1.2m above ground level that are devoted to car parking and storage) and four or more self contained dwelling units. It will not apply to buildings classified as Class 1a or 1b under the Building Code of Australia.

Pursuant to Clause 30(1A) and (1B) of Part 4 (Application of design quality principles) of SEPP 65, relating to modification of consents, which states: -

(1A)  In addition, an application for the modification of a development consent under section 96 (2) of the Act, if it relates to residential flat development for which the development application was required to be accompanied by a design verification from a qualified designer under clause 50 (1A), must be accompanied by a design verification from a qualified designer, being a statement in which the qualified designer verifies that:

 

(a)  he or she designed, or directed the design, of the modification of the residential flat development, and

(b)  the residential flat development, as modified, achieves the design quality principles set out in Part 2 of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development, and

(c)  the modifications do not diminish or detract from the design quality, or compromise the design intent, of the development for which the development consent was granted.

 

(1B)  The consent authority may refer the proposed modification to the relevant design review panel.

The consent authority (being Council) has a degree of discretion when assessing modifications to development approvals which are subject to SEPP 65 assessment.

The proposed works involve only minor external changes and will not result in any significant changes to the approved building envelope and are not considered to involve substantial changes to the approved residential flat building.

Given the minor nature of the modifications proposed, and the fact that the applicant has submitted a Design Verification Certificate prepared by Dugald Mackenzie (Nominated Architect No. 6033-18/1/96), dated and received by Council on 18 April 2011 certifying the proposals compliance with the Design Quality Principles specified in the SEPP, it is considered that referral to the Design Review Panel under SEPP 65 is not required in this instance.

Council Assessment Officer Comments:

The Design Quality Principles specified in the SEPP are addressed as follows:

Principle 1 Context

The proposed modifications will not result in any significant changes to the built form, envelope and landscaped area provision of the approved development. The current proposal will not alter the relationship of the building with the surrounding environment.

 

Principle 2 Scale

The proposed modifications will not result in any significant changes to the built form and envelope of the approved development.

 

Principle 3 Built form

The proposed modifications will not result in any significant changes to the built form and envelope of the approved development.

 

Principle 4 Density

The proposal will result in an increase to the existing FSR (from 1.03:1 to 1.07:1). The additional floor area is located at the lower ground floor level and will not result in any appreciable changes to the bulk and scale of the building when viewed from the street.  The modified development will not result in detrimental environmental, social or economic impacts on the locality, and is deemed to be acceptable in this regard.

 

Principle 5 Resource, energy and water efficiency

The proposed modifications include changes to window openings and alterations to skylights. The proposed modifications are deemed to be acceptable in terms of energy efficiency and are supported. A suitable condition of consent is imposed to ensure an updated BASIX certificate is provided to the satisfaction of the certifying authority for the development. 

 

Principle 6 landscape

The proposed modifications will not reduce the total amount of landscaped open space as contained in the approved development.

 

Principle 7 Amenity

The dimensions and configuration of the apartment units as a result of the internal modifications continue to enable flexibility for the placing of furniture and are suitable for living functions. Each unit will continue to have direct access to a balcony or terrace of suitable dimensions that enable outdoor living activities. In addition, cross-ventilation will continue to be achieved for all proposed units through internal reconfiguration of rooms and allocation of uses. The new living area at the lower ground floor created as part of the current proposal will be provided with new windows and has direct access to the approved portion of Apartment 1.The potential privacy impacts on the adjoining properties are addressed under the “DCP” section of this report.

 

Principle 8 Safety and security

The modified development will continue to provide suitable casual surveillance for the surrounding public domain.

 

Principle 9 social dimensions

The dwelling mix approved under the original development approval comprised of 8 x 3 bedroom units. The current application does not nominate changes to the approved dwelling mix; however, given the additional floor area is readily capable of being adapted for use as an additional bedroom or living area for Apartment 1, the dwelling mix will be assessed as 7 x 3 bedroom units and 1 x 4 bedroom unit.

 

This dwelling mix is considered to be acceptable and will continue to lend a reasonable degree of amenity for future occupants of the development.   

Principle 10 Aesthetics

The proposal does not involve any significant changes to the approved built form, envelope, façade composition or use of materials. As such, the modifications are not considered to adversely impact on the visual qualities of the locality.

 

9.    Policy Controls

 

9.1      Development Control Plan – Multi Unit Housing

Multi-unit Housing DCP

Generally

The proposed modifications generally improve the amenity of the dwellings and do not adversely affect the preferred solutions in the Multi-unit Housing DCP.

Height

The current proposal does not seek to amend the approved overall building height of RL 37.25. The existing roof level is maintained and the approved lift overrun is increased by 320mm to maximum RL 37.57. The lift overrun is located on the northern side of the roof of the building and does not form part of the building’s external walls. Consequently, there is no increase to the approved external wall height of the building.

 

The proposal will not result in any appreciable adverse impacts to the solar access currently enjoyed by the surrounding properties.

Landscaping

The proposed modifications do not affect the calculable area for landscaping or the building height.

Privacy

Modifications to the internal layout do not place living areas in conflict with the living areas on adjoining lots. The proposal generally results in improvements to the privacy of both surrounding properties and the future occupants of the subject site.

The new windows proposed at the lower ground floor servicing the new room in Apartment 1 have been arranged perpendicular to the northern side boundary and will not result in any overlooking into the adjoining property to the north.

 

The additional louvres proposed for the external walkway will assist in improving the existing level of overlooking. The proposed external staircase (relocated to the eastern side of the lower ground floor) is not anticipated to generate unreasonable capacity to overlook as it is not significantly elevated, has a width of only 1m, and serves to provide access to Apartment 2, which has already been approved with extensive window openings. As such, relocation of the external staircase will not result in unreasonable loss of privacy created by the modifications.

 

9.2      Development Control Plan – Parking

The DCP specifies the following car parking rates for multi-unit housing:

 

 

Rate

Required

Approved 

Resident

1.5 spaces per 3-bedroom unit

12 spaces

17 spaces

Visitor

1 per 4 dwellings or part thereof

2 spaces

2 spaces

Bicycle

1 per 3 units, plus 1 visitor per 10 units

3.6 or 4 spaces

4 bicycle spaces

 

Car wash bay

1 per 12 dwellings

Not required

Nil

Total

 

14 car spaces

19 car spaces

 

The approved development provided nineteen (19) on-site car parking spaces and satisfied the numerical requirements of the DCP. The proposed modifications result in an additional bedroom to Apartment 1 located at the lower ground level. The original application provided 5 more parking spaces than required under the DCP. One additional bedroom does not numerically affect the number of parking spaces required for the development and the proposal will result in a development which will continue to satisfy the provisions of the DCP – Parking.

 

10. Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

 

 

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

Not applicable.

 

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

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

 

 

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

Not applicable.

 

 

 

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

Clause 7 of the EP&A Regulation 2000 requires the consent authority to consider the provisions of the Building Code of Australia. Accordingly, appropriate conditions of consent are recommended for imposition should this application be considered suitable for approval.

 

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

The environmental impacts of the proposed development on the natural and built environment have been assessed within the body of this report.

 

The proposed modifications maintain a development which is consistent with the predominant residential land uses in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality.

 

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

The site has sufficient area to accommodate the proposed land uses and structures. Therefore, the site is considered suitable for the proposed development.

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

No submissions were received during the public consultation process. 

 

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

The proposal is not considered to result in significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered satisfactory in public interest terms.

 

11. Site Suitability

 

The site has been assessed as being suitable for multi-unit housing purposes in the previous development consent granted. The current proposal does not involve any significant changes to the floor space, built form or landscaped area provision of the approved development. The modification is not considered to result in any significant impact on the streetscape or amenity of the surrounding premises. Therefore, the site is considered to be suitable for the modified development.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in urban design and development.

Direction 5a:      Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The modifications proposed as part of this application do not substantially alter the form and nature of the approved multi unit development.

 

The likely impacts of the amended proposal have been considered in accordance with Section 79C of the Act, the provisions of Randwick LEP 1998 and DCP – Multi Unit Housing and it has been demonstrated that the proposal generally complies with the statutory controls and the relevant aims and objectives of the planning instruments.

 

Having regard to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the proposed modifications are considered to result in a development that remains substantially the same as the development for which the consent was originally granted.

 

Approval of the modification will not result in any significant environmental impact and will not detract from the integrity of the development nor its relationship with adjoining development. It is therefore considered that the modification to the original development consent is reasonable.

Recommendation

 

That Council, 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/58/2008 for permission to modify the approved development by altering the approved lift over-run, exhaust ducts, electric room, internal changes, external walkway, stairs, planter boxes, new basement ventilation grilles, relocation of skylights, change to storeroom, additional screening and adding floor space at the lower ground level for 155-157 Arden Street, Coogee in the following manner:

 

            Amend Condition No. 1 to read:

 

The development must be implemented substantially in accordance with the following plans: 

 

Dwg No.

Title

Revision

Date

DA101

Basement Plan

C

2/7/08

DA102

Floor plan ground level

C

2/7/08

DA103

Floor plan level 1

C

2/7/08

DA104

Floor plan level 2 & 3

D

26/2/10

DA105

Roof plan

B

2/7/08

DA106

Sections sheet 1

B

29/5/08

DA107

Sections sheet 2

B

29/5/08

DA108

North & west elevation

C

14/7/09

DA109

South & east elevation

C

2/7/08

DA118

Sections sheet 3

A

29/5/08

DA119

Sections sheet 4

A

29/5/08

DA134

Sandstone wall alignment

C

26/2/10

DA136

Sandstone wall and stair details

C

22/2/10

DA137

Sandstone wall details

B

26/2/10

 

the application form and on any supporting information received with the application, as amended by the following: -

 

·      Section 96 ‘A’ application dated 4 May 2010 and received by Council on 5 May 2010,

·      Section 96 ‘B’ application dated 3 November 2010 and received by Council on 4 November 2010,

·      Section 96 ‘C’  plans numbered SK01 through to SK09, dated 17 January 2011 and received by Council on 25 February 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:

 

        Add the following condition

 

114.  An amended BASIX certificate shall be submitted to the satisfaction of the principle certifying authority prior to the issue of a stage 2 construction certificate.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                      24 May 2011

 

 

Director City Planning Report No. CP32/11

 

 

Subject:                  112-124 Anzac Parade, Kensington.

Folder No:                   DA/736/2008/B

Author:                   Alex Van Son, Senior Environmental Planner     

 

Proposal:                     Modifications to Development Consent No. DA 736/2008 involving: addition of a goods lift & reconfiguration of service areas; amendments to landscaping plan; reconfigure floor plan of residential and retail areas; amend conditions (parking & landscaping); and change floor levels

Ward:                      West Ward

Applicant:                FoxJohnston Architects

Owner:                         Pitt Development Pty.

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

This section 96(2) application is referred to Council because the original application was determined by Council.

 

The original proposal was described in DA/736/2008 as being:

 

“A mixed-use building up to 7 storeys with 410m2 of commercial floor space on the ground floor and up to 6 levels of residential apartments above. There are 59 apartments, with 15 studios, 18 x 1-bed units, 25 x 2-bed units and 1 x 3-bedroom unit. There are 2 levels of basement car-parking for 76 cars.

 

A lot-perimeter building, there are 7 storeys facing Anzac Pde, up to 6 storeys facing Ascot St and a 4 storey pavilion building flanking the northern side of a publicly accessible, internal courtyard.

 

The changes approved by DA/736/2008/A are described as:

 

“Typical of post-consent architectural detailing and mainly involve minor internal reconfiguration. The proposed modification includes splitting 3 x 2 bedroom units into 6 x 1 bedroom units. This increases the parking demand by half a space and increases the parking space shortfall fall from 3.5 spaces to 4 spaces.

 

The subject Section 96 application seeks to modify the approved development by the addition of a goods lift and the reconfiguration of service areas; making amendments to the landscaping plan; reconfiguring the floor plan of residential and retail areas; changing floor levels; and amending conditions (parking & landscaping).

 

It is recommended that the approval be granted to the proposed modifications excluding those that relate to proposed addition of retail shop-front signage and the introduction of secondary bathrooms/ensuite to apartments 5a, 14a, 23a, 5b, 11b, 17b, 22b, and 24b.

 

It is recommended that: condition 72. f) in relation to landscaping requirements and condition 137 in relation to parking are amended as requested by the applicant; condition 136 is amended to reflect comments from the design review panel in relation to privacy screens and sun shading; and conditions 138 – 140 be inserted to exclude those aspects of the proposal recommended for refusal from the approval of DA/736/2008/B.

 

2.    The Proposal

 

The current S96 application relating to the property, DA/736/2008/B involves the following proposed changes:

 

Table 1 – A full list of the proposed modifications to DA736/2008/A.

Location

Description

Basement 2

·      Relocation of bike spaces that have been deleted from Basement 1 due to installation of proposed goods lift.

·      Reconfiguration of lobby area.

 

Basement 1

·      Provision of a goods lift.

·      Replace storage area adjacent to lift with bicycle storage area.

Ground Floor

·      Provision of a good lift in Retail Unit 1 and modification to floor area.

·      Raise retail floor to floor height by 300mm.

·      Revision of the entry to Retail Unit 3 so that it is accessed directly from Anzac Parade.

·      Indicated locations of proposed retail shop-front signage.*

 

Block 1

·      Gardens of garden apartments on Block 1 (Apts. 1a – 4a) raised from RL27.270 to RL27.850.

·      Apartments 19a and 20a: addition of balconies to top floor.

·      Apartments 21a: extension of glass line on living level of top floor, addition of awnings to the decks of top floor, revised deck configuration.

·      Raise the parapet height of the roof gardens on Block 1 and Block 4 by 50mm

Block 2

·      Apartments 5a, 14a, 23a: addition of ensuite.*

·      Apartment 29a, 32a, and 36a: revised plan.

·      Apartments 34a and 37a: addition of decks.

·      Apartments 28a, 35a and 36a: revision of decks.

 

Block 3

·      Apartments 5b, 11b, 17b, 22b, 24b: addition of second bathroom.*

 

Block 4

·      Revision of a garbage storage room to provide electrical switch room, retail garbage room, accessible WC and relocation of fire hydrant booster pump.

·      Apartments 20b and 21b: addition of balconies to top floor.

·      Apartment 13b: addition of guest WC under stairs.

·      Apartments 19b: extension of glass line on living level of top floor, addition of awnings to the decks of top floor, revised deck configuration.

·      Addition of wall to support level one and minor reconfiguration of fire stair.

 

Level 6

·      Revise the western façade to level 6 to provide greater sun protection to the apartments that face west including the addition of sun hoods to some of the window/deck openings.

 

Conditions

·      Removal of 600mm planter condition in DA Conditions.

·      Change of visitor car parking requirements.

 

*Not recommended for approval.

 

Figure 1: Aerial Photo

 

3.    The Subject Site and Surrounding Area

 

Made-up of 2 Torrens lots, the site has a 40m frontage to Anzac Pde and a 39m frontage to Ascot St. The site is slightly flood-prone and approximately level with a very slight fall to the south-west.

 

There is a Mobil service station to the north and there are four storey walk-up apartments to the north and east. There is a pair of semis to the north-east. The site is within the Kensington town centre. Figure 1 shows an aerial photograph.

 

4.    Site History

 

DA/736/2008 was approved by Council on the 10th of February 2009, allowing for:

 

“A mixed-use building up to 7 storeys with 410m2 of commercial floor space on the ground floor and up to 6 levels of residential apartments above. There are 59 apartments, with 15 studios, 18 x 1-bed units, 25 x 2-bed units and 1 x 3-bedroom unit. There are 2 levels of basement car-parking for 76 cars.

 

A lot-perimeter building, there are 7 storeys facing Anzac Pde, up to 6 storeys facing Ascot St and a 4 storey pavilion building flanking the northern side of a publicly accessible, internal courtyard.

 

Figure 2: Approved development DA/736/2008.

 

DA/736/2008/A was approved by Council on the 22nd of September 2009 which related to alterations to the original consent including:

 

“Minor internal reconfiguration [to the approved development]. The proposed modification includes splitting 3 x 2 bedroom units into 6 x 1 bedroom units. This increases the parking demand by half a space and increases the parking space shortfall fall from 3.5 spaces to 4 spaces.

 

5.    Community Consultation

 

The proposal was notified to the adjoining landowners, advertised in the local press and the site sign-posted in accordance with Council Policy. There were no submissions from the public.

 

6.    Technical Officers Comments

 

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

 

6.1      Design Review Panel

The proposal has been sent to the Design Review Panel DRP on two occasions: July 2009 and March 2011.

 

Proposal

DRP Comments March 2011

Level 1

The proposed extra bathroom for Unit 5a compromises the entry space.  Although this is a large unit it is only a 1 bedder plus study.  Unless it is successfully replanned as a two bedder the Panel recommends that the second bathroom not be approved.

The DRP comments in relation to the proposed reconfiguration of apartment 5a (14a and 23a) are supported and it is recommended that this aspect of the proposal be refused. The apartment has not been successfully re-planned to accommodate two bedrooms.

 

Level 4

The proposal to enlarge Level 4/5 Units 19b and 21a by moving the glazing further to the north does not seem to have been considered well enough on the elevations.  The elevations for the entire building are extremely busy and chaotic when all levels are taken into account.  The Panel does not support incremental changes to the elevations unless they are considered holistically to simplify and improve the building’s aesthetics. 

 

Planning changes to 28a and 29a are considered an improvement to the approved layouts.

 

The addition of a second bathroom to 5b, 11b, 17b, 22b and 24b severely reduces the size of Bedroom 1 and unless the apartment type is redesigned as a 2 bedder (rather than 1 bed plus study) the extra bathroom is not supported.

Assessing Planner Comments: The proposed changes to the layout of Units 19b and 21a are considered to be relatively minor will not significantly detract from the overall aesthetic appearance of the building.

 

The DRP comments in relation to the proposed changes to apartments 5b, 11b, 17b, 22b and 24b are supported and it is recommended that this aspect of the proposal be refused. These apartments have not been successfully re-planned to accommodate two bedrooms.

 

Level 5

Block 2 - The details for the privacy screens between apartments and the position or amount of the sliding sunshading is not clear on the plans or elevation.

 

In DA/736/2008/A the issue of privacy screening and sun shading was addressed through conditions of consent No. 136.

 

“Design details for privacy screens between units 28a/29a and 35a/36a, and sun-shading screens for units 29a and 31a must be submitted to Council’s Director of City Planning for approval before a Construction Certificate is issued. The approved design must be shown on the Construction Certificate plans.”

 

This condition shall be amended to read:

 

“Design details for privacy screens between units 28a, 29a and 30a and sun-shading screens for units 28a, 29a, 30a, 31a, 32a, and 33a must be submitted to Council’s Director of City Planning for approval before a Construction Certificate is issued. The approved design must be shown on the Construction Certificate plans.”

 

 

6.2      Landscape Engineering

Comments from Councils Landscape Engineer have been received and are detailed below:

 

These comments are based on the following plans and documentation

Covering letter by 360 Degrees Landscape Architects dated 7 May 2010;

 

In order to ensure the on-going health of planting where it is proposed on podium (such as the rooftop garden) condition 72f of DA/736/2008, required that a minimum soil depth of 600mm be provided in all cases.

 

While no amended landscape plans or additional landscape details have been submitted with this application, supporting information in the form of a covering letter by 360 Degrees Landscape Architects has been received, and seeks to reduce the standard 600mm soil depth down to 300mm for groundcovers, succulents, grasses and native shrubs (maximum mature height of 1.5m), while providing up to 900mm for larger species.

 

Based on similar projects, the soil depths being proposed here will be sufficient and are acceptable to Council, with the assessing officer advised that no objections are raised to amending condition 72f as requested, which will now read as follows:

 

                   72(f) Those planter boxes and garden beds on slab where groundcovers, succulents grasses and shrubs are proposed (up to a maximum of 1.5m mature height), are to have a minimum soil depth of 300mm, with a minimum soil depth of 600mm to apply for larger species, with those that will achieve a mature height of 3 metres or more to have a minimum soil depth of 900mm.

 

6.3      Car Park/Car Space Allocation Comments

Comments from Councils Development Engineer have been received and are detailed below:

 

The approved development, (following approval of the most recent Section 96 application) has the following unit mix:

 

·        23 x studios

·        21 x 1 bed apartments

·        17 x 2 bed apartments

·        1 x 3 bed apartments

Total 62 apartments

 

Condition 137 of the current consent states, (in summary), that the parking allocation of the 76 approved car spaces within the development's car park areas shall be as follows:

 

·        66 spaces for the residential component of the development including a minimum of 11 spaces for visitor parking;

·        10 spaces are to be provided for the commercial component of the development.

 

The applicant proposes the following changes to the approved parking mix:

 

·        Increase in residential parking space provision from 55 spaces to 59 spaces;

·        Reduction in visitor spaces from 11 to 10; and

·        Reduction in commercial car spaces from 10 to 7.

 

In support of this part of the Section 96 Application Council’s Development Engineer would have expected details on the following:

 

·        Public transport routes;

·        Parking surveys after business hours;

·        Recent studies into parking allocation/usage rates and/or car ownership rates;

·        Surveys from similar developments in close proximity to the development site or other similar developments elsewhere in the Randwick LGA; and

·        RTA guidelines that may be supportive of the proposal.

 

The applicant’s submission is very limited with respect to some of the above considerations however the following is noted:

 

1.   the development site is very well served by public transport;

2.   visitor spaces tend to be used in association with commercial units during business hours and residential units outside of business hours;

3.   site visits undertaken by Development Engineers indicated that some on-street parking was available in Anzac Parade outside of business hours and bus clearway hours;

4.   given the unit mix, (see above for breakdown), and overall number of units, (62 in total), the provision of 59 spaces for the residential component of the development is not unreasonable; and

     

      The Assessment Planner is advised that no further variation to parking provisions, (i.e. further to this section 96 application), should be considered until such time as a detailed traffic and parking study is undertaken addressing all of the above considerations and it is recommended that condition 137 of the development consent for Development Application 736/2008 be amended to read as follows:

 

137.    Plans submitted for the construction certificate must reflect the following parking allocation for the development:

 

·        69 spaces for the residential component of the development including a minimum of 10 spaces for visitor parking.

·        7 spaces for the commercial component of the development.

 

7.    Section 96(2) Assessment

 

The application was submitted under Section 96(2) of the Environmental Planning and Assessment Act. Council may consent to a 96(2) modification where the modified development is substantially the same as the approved development.

 

The proposed modifications do not materially change the approved development. Though extensive in number the proposed modifications are typical of post-consent architectural detailing. The height, footprint and general configuration of the development remain substantially the same.

 

8.    Relevant Environmental Planning Instruments

 

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

 

8.1      Randwick Local Environmental Plan 1998

The proposed modifications are not affected by the Kensington Town Centre development standards for maximum number of storeys, minimum lot frontage, and minimum lot size. The modified proposal would also continue to satisfy the 3A General Business zone objectives.

 

Maximum height: The proposed amendments will increase overall building height by 300mm due to an increase in ground floor retail floor to ceiling height. This is not considered to result a significant increase in bulk or scale and the assessment of building height provided in DA/736/2008 remains relevant.

 

8.2      Draft Randwick Local Environmental Plan 2009

The Draft Plan carries over the Town Centre provisions of the existing Plan.

 

8.3      State Environmental Planning Policy No 65.

The modification application was accompanied by the requisite Design Verification Statement. The application was also referred to the Randwick/Waverley Design Review Panel and their comments have been assessed in this report.

 

8.4      State Environmental Planning Policy: BASIX

The proposed modification was accompanied by the requisite BASIX certificate.

 

8.5      Kensington Town Centre Development Control Plan

The proposed modifications are not affected by the building envelope or block by block controls. The proposal is assessed against the relevant provisions of the Kensington Town Centre Development Control Plan below.

 

Table 2 – Kensington Town Centre Development Control Plan

Clause and objective

Assessment

4.5.2 On-site parking

Comply with Randwick City Council Development Control Plan Parking

The proposed parking arrangements have been assessed by the Development Engineer and are satisfactory.

 

4.6.3 – Building entrances

 

Create entrance which provide identifiable, desirable residential amenity and to orient visitors

Reconfiguration of building entry in relation to Retail Unit 3 is considered to more closely align with the objectives and performance criteria of the Plan as it relates to building entrances. The revised entrance location and orientation presents a more rational design and provides a stronger visual connection between the internal and external spaces of the building.

 

4.6.10 – Signage

 

Ensure that signage is in keeping with the development in scale and quality; enhance the visual quality of the street. Fin signs and projecting wall signs are not permitted

The applicant has proposed projecting wall signs as part of their amended design. This aspect of the proposal is not supported by Council in accordance with 4.6.10 (iv) “fin signs and projecting wall signs are not permitted.”

4.6.13 – Visual Privacy

To minimise direct overlooking and ensure adequate visual privacy.

The proposed amendments recommended for approval do not change overlooking conditions.

4.7.2 – Apartment Layout

Apartment layouts are efficient and have high standards of amenity for residents.

It is proposed to make amendments to the layout of the following apartments:

 

Recommended for refusal for reasons discussed in 6.1 above::

 

·      Apartments 5a, 14a, 23a: addition of ensuite.

·      Apartments 5b, 11b, 17b, 22b, 24b: addition of second bathroom.

 

Proposed changes that are considered to comply with the provisions of the Plan as it relates to apartment layouts:

·      Apartment 29a, 32a, and 36a: revised plan.

·      Apartment 13b: addition of guest WC under stairs.

·      Apartments 21a: extension of glass line on living level of top floor,

 

4.7.3 – Apartment Mix

A mix of apartment types and size to accommodate a range of household types.

The proposed amendments recommended for approval do not change the approved mix of apartment types.

4.7.4 – Apartment Size

A high quality living environment; adequate room size consistent with the Residential Flat Design Code

 

The proposed amendments recommended for approval satisfy the requirements for apartment size.

4.7.9 – Stairs, lifts, Corridors

Adequate, safe and pleasant circulation space in which people can easily circulate.

 

Reconfiguration of building entry and circulation is minor and continues to satisfy the performance requirements.

4.9.3 – Private Open Space

To ensure that every apartment has a private, useable and functional open space directly off main internal living areas.

The following amendments have been assessed against the provisions of the plan that relate to private open space and generally comply with the relevant objectives:

 

·      Apartments 35a and 36a: reconfigured decks.

·      Apartments 34a and 37a: addition of decks.

·      Apartments 20b and 21b: addition of balconies to top floor.

·      Apartments 19b: addition of awnings to the decks of top floor, revised deck configuration.

·      Apartment 20b and 21b: addition of decks off bedroom 2 of top floor.

·      Apartments 19a and 20a: addition of balconies to top floor.

·      Apartment 19a and 20a: addition of decks off bedroom 2 of top floor.

 

 

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.

Key Action:               Encourage and reward design excellence and sustainability.

 

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed modifications do not materially change the approved development. The general configuration of the development remains substantially the same in compliance with section 96(2).

 

The proposal was notified to the adjoining landowners, advertised in the local press and the site sign-posted in accordance with Council Policy. There were no submissions from the public. Council’s Development Engineer has assessed the proposed increase in parking shortfall and does not object.

 

It is recommended that the approval be granted to the proposed modifications excluding those that relate to proposed addition of retail shop-front signage and the introduction of secondary bathrooms/ensuite to apartments 5a, 14a, 23a, 5b, 11b, 17b, 22b, and 24b.

 

The Assessing Officer recommends approval subject to conditions.

 

Recommendation

 

That Council as the responsible Consent Authority grant consent under Section 96(2) of the Environmental Planning and Assessment Act 1979 to modify Development Consent No DA/736/2008 and DA/736/2008/A by addition of a goods lift & reconfiguration of service areas; amendments to landscaping plan; reconfigure floor plan of residential and retail areas; amend conditions (parking & landscaping); and change floor levels.

 

Amend Condition No 1 to read:

 

1.       The development must be implemented substantially in accordance with the plans numbered DA08B to DA24B, received by Council on 27 January 2009, 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 and as modified by plans numbered DA08C to DA10C and DA19C received by Council 22 June 2009, and DA20C to DA22C received by Council 2 July 2009 and DA11D to DA13D received by Council 28 August 2009, and DA16, DA17, DA23 and DA24 received by Council 3 September 2009 only to the extent outlined on the plans and described in the application and as modified by plans numbered DA08D, DA09D, DA11E to DA13E, DA14D, DA15D, DA16E, DA17E, DA19D, DA20D, DA23E and DA24E received by Council on the 22nd of February 2011 and DA10E, DA21E and DA22E received by Council on the 18th of March 2011.

 

Amending Condition No. 72f to read:

 

72f.    Those planter boxes and garden beds on slab where groundcovers, succulents grasses and shrubs are proposed (up to a maximum of 1.5m mature height), are to have a minimum soil depth of 300mm, with a minimum soil depth of 600mm to apply for larger species, with those that will achieve a mature height of 3 meters or more to have a minimum soil depth of 900mm.

 

 

 

Amending Condition No. 136 to read:

 

136.    Design details for privacy screens between units 28a, 29a and 30a and sun-shading screens for units 28a, 29a, 30a, 31a, 32a, and 33a must be submitted to Council’s Director of City Planning for approval before a Construction Certificate is issued. The approved design must be shown on the Construction Certificate plans.

 

Amending Condition No. 137 to read:

 

137.    Plans submitted for the construction certificate must reflect the following parking allocation for the development.

 

·        69 spaces for the residential component of the development including a minimum of 10 spaces for visitor parking.

·        7 spaces for the commercial component of the development.

 

Insert the following Conditions after Condition No. 137:

 

138.    No changes may be made to the floor plans of apartments 5a, 14a and 23a as approved by DA/736/2008/A.

 

139.    Retail shop-front signage (fin signs/projecting wall signs) as shown in the S96 application and drawings DA/736/2008/B are not approved as part of this consent.

 

140.    No changes may be made to the floor plans of apartments 5b, 11b, 17b, 22b, and 24b as approved by DA/736/2008/A.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                      24 May 2011

 

 

Director City Planning Report No. CP33/11

 

 

Subject:                  19 Franklin Street, Matraville

Folder No:                   DA/204/2010/A

Author:                   Louis Coorey, Environmental Planning Officer     

 

Proposal:                     Section 96 modification of approved development for an increase in floor area at first floor level, alteration to windows for first floor bathrooms and additional awnings on east and west elevations Original consent: Demolition of existing dwelling and construction of a new two storey dual occupancy

Ward:                      South Ward

Applicant:                Mr Vucetic

Owner:                         19 Franklin Street Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

This Section 96 application is referred to Council for determination as the original application was determined at a Council meeting.

 

The application seeks to modify the original development by marginally increasing the floor area of the development, altering the location of bathroom windows (with awnings over) and reducing the size of the front patio entry.

 

Following assessment of the application, the proposed changes are considered reasonable and acceptable for the reasons outlined in this report. The application is recommended for approval.

 

2.    The Proposal

 

The proposed modifications include:

 

Ground floor level

·      Reduction in size of entry patio to both occupancies resulting in additional floor area;

 

First floor level

·      Increase in size of first floor level at rear by 300mm on eastern and western sides and 600mm further to rear.

·      Relocate bathroom windows from rear southern elevation to eastern and western side elevations inclusive of awnings over.

 

3.    Site History

 

Approval granted at the Planning Committee Meeting held on 7 December 2010 to demolish an existing dwelling and construction of a new two storey dual occupancy.

 

4.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification. As a result of this notification, no submissions were received.

 

5.    Technical Officers Comments

 

None required

 

6.    Section 96 Assessment:

 

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:-

 

6.1    Substantially the Same Development:

The proposed modifications remain within the scope of the original development consent and result in substantially the same development.

 

7.    Relevant Environmental Planning Instruments

 

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

 

 

(a)    Randwick Local Environmental Plan 1998 (Consolidation)

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 10 - 2A Zone

The proposed modifications are acceptable having regard to the objectives for 2A zones.

 

Clause 20F – Floor Space Ratio

The proposed development seeks an additional 22.45sqm to the approved development resulting in a floor space ratio of 0.579:1 and does not comply with the 0.5:1 standard under Clause 20F of the RLEP. It is noted the originally approved development had a floor space ratio of 0.54:1 (309.35sqm) where it was considered that a well founded and reasonable argument was provided under SEPP 1 application.

 

Although a SEPP 1 application is not required with a Section 96 application, it is considered that the additional floor area sought under this section 96 application is acceptable in so far as the additional floor area will not result in any appreciable increase in adverse impacts on the neighbouring properties or the locality in general, it will improve the functionality of each of the occupancies, and therefore lead to a better planning outcome making best use of the subject site. In particular it is noted that the additional floor area at the entry is contained within the existing building envelope, and the additional at first floor level will continue to substantially comply with the preferred minimum side and rear boundary setbacks preferred under the DCP for Dwelling Houses and Attached Dual Occupancies.

 

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

SEPP: BASIX requirements came into force for all new dwellings, dual occupancies and some transient residential accommodation where development applications were lodged on or after 1 July 2004. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

 

Clause 55A of the EP & A Regulation requires that a new BASIX certificate be lodged for amended plans or where a section 96 modification makes a material change to the BASIX commitments as originally approved.

 

The applicant has submitted a new BASIX certificate. The plans have been checked with regard to this new certificate and they are consistent with the requirements indicated for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP:BASIX were included in the original determination.

 

7.1 Policy Controls

 

a.    Development Control Plan - Dwelling Houses and Attached Dual Occupancies DCP

Planning Comment:

 

Floor area

The proposed modifications result in a floor space ratio of 0.579:1 and do not comply with the maximum standard under the RLEP 1998. As indicated above, although it does not comply with the maximum floor space ratio allowed under the DCP it is considered acceptable on the basis that the additional floor area is spans across a large portion of the development in small portions and does not result in any significant bulk being added to the development or associated adverse impacts on the neighbouring properties or the streetscape.

 

Setbacks

The proposed modifications remain compliant with the preferred minimum side and rear boundary setbacks under the DCP

 

Visual and acoustic privacy

The proposed relocation of the bathroom window to first floor side elevations and cantilevered awnings over comply with the performance requirements and objectives under the DCP.

 

The proposed modifications are as a whole considered appropriate to the subject premises, they are considered acceptable having regard to the performance requirements and objectives of the DCP for dual occupancies and will not result in any appreciable adverse amenity impact on the neighbouring properties or the streetscape.

 

8.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

 

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

Not applicable.

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

Refer to the “DCP- Dwelling Houses and Attached Dual Occupancies DCP” section of this report.

 

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

Not applicable.

 

 

 

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

 

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

The site has sufficient area to accommodate the proposed modifications. Therefore, the site is considered suitable for the proposed development.

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

The proposal is not considered to result in significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered satisfactory in public interest terms.

 

The proposed modifications are considered suitable for the subject site.

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in urban design and development.

Direction 5a:      Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed modifications comply with the relevant assessment criteria and will not result in any appreciable adverse impacts on the neighbouring properties or the locality.

 

Recommendation

 

That Council, 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/204/2010 for permission to modify the approved development by increasing the floor area at first floor level, alteration to windows for first floor bathrooms and additional awnings on east and west elevations for 19 Franklin Street, Matraville  in the following manner:

 

Amend Condition No. 1 to read:

 

1.       The development must be implemented substantially in accordance with the plans numbered Sheet no 1 of 2 and 2 of 2, dated April 2010  and received by Council on 14 April 2010, the application form and on any supporting information received with the application, as amended by the Section 96 plans numbered 13/10A Sheet 1 of 2 and Sheet 2 of 2, dated 2 February 2011  and received by Council on 23 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

 

 


Ordinary Council                                                                                                      24 May 2011

 

 

Director City Planning Report No. CP34/11

 

 

Subject:                  46 Kensington Road, Kensington

Folder No:                   DA/996/2010

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Substantial alterations and additions to existing dwelling

Ward:                      West Ward

Applicant:                Draftsmart Pty Ltd

Owner:                         C & D Khoury

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

 

1.    Executive Summary

 

The application is referred to Council for determination at the request of Councillors Andrews, Matthews and Seng.

 

The application details substantial alterations and additions to the existing dwelling including a two storey addition to the rear of the dwelling and new garage and carport to the northern side boundary and front fence. Within the rear yard a cabana and swimming pool are proposed.

 

The mains issues are the potential impacts upon the amenity of the adjoining residents especially in relation to the building height, setbacks and overshadowing.

 

The application is recommended for approval. 

 

2.    The Proposal

 

The application details the demolition of the rear of the dwelling and the construction of a new two storey addition comprising at ground level an open plan kitchen and living area leading to a patio, and within the upper level a master bedroom suite, en suite bathroom and living area with rear terrace. The proposal will provide for 272m of additional floor area to the dwelling. The application also proposes the erection of a new garage and carport attached to the dwelling up to the northern side boundary, install an in ground swimming pool and a cabana within the rear yard and erect a new front fence.

 

The application has been amended since originally lodged to lower the overall height of the new rear portion of the building by 500mm and reduce the extent of the carport/garage wall to the northern side boundary to a maximum height of 1800mm to the carport.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the western side of Kensington Road and has a frontage of 15.24m and depth of 45.265m with a total site area of 690m. There is a cross fall from the north to south with a difference in level of up to 1.5m. The area is residential in nature 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 - Notification. The following submissions were received:

 

Issue

Comment

44 Kensington Road Kensington

-  The proposed building will block out direct sunlight into their backyard and living areas.

 

 

 

 

 

-  The proposed building will significantly extend past the other building lines of free standing dwellings in the street.

 

 

-  The building is excessively large and out of place with the surrounding properties, some of which have had alterations and additions carried out.

 

 

 

-  The building height exceeds the external wall height control of 7m.

 

 

 

-  The side boundary setback at less than 1.5m from the southern boundary does not comply with the 12m maximum in the Dwelling Houses DCP.

 

-  The building setbacks do not ensure solar access to the adjoining property.

 

 

 

-  Any windows within the southern side of the property should be opaque to ensure maximum privacy for both owners.

 

 

48 Kensington Road Kensington

-  There are concerns that the resultant built form will be out of scale with the existing dwelling and others in the same zone and will over whelm the existing dwelling and appear to totally fill the site and will have an unacceptable impact upon the neighbours.

 

-  The building height exceeds the 7m maximum which contributes to the over development of the site and can readily be lowered.

 

-  There are concerns that existing views to the south and southeast will be blocked and view sharing principles have not been addressed.

 

-  The resultant setbacks are not consistent with the existing building and other dwellings.

 

 

 

54 Kensington Road Kensington

-  The development is over sized and out of character with the surrounding dwellings.

 

 

 

-  The development will block their views of the nearby Monastery and views of other residents.

 

 

The proposed development will result in an unavoidable degree of additional overshadowing to the adjoining properties directly to the south. The minimum 3 hours of solar access is maintained to the adjoining property which satisfies the DCP for Dwellings.

 

The minimum setback of 4.5m from the rear boundary setback as detailed in the DCP for Dwellings is readily complied with being in excess of 13m.

 

The proposed alterations and additions to the dwelling is of a contemporary style which is different to other alterations to dwellings in the street. The DCP does not discourage innovative design, nor is the property within a conservation area.

 

It is recommended that the overall height of the dwelling be reduced by a further 300mm which would result in a 7.1m wall height.

 

The southern side boundary setback of dwelling is 1635mm at both levels which satisfies the preferred solution of the DCP for Dwellings.

 

The impact of the development upon solar access to the adjoining property directly to the south is acceptable subject to the reduction in height of the proposal.

 

A condition of consent is recommended to require the upper level windows to the southern elevation of the dwelling having a raised sill height to prevent direct overlooking into the adjoining properties.

 

 

The proposed alterations and additions to the dwelling is of a contemporary style which is different to other alterations to dwellings in the street. The DCP does not discourage innovative design, nor is the property within a conservation area.

 

 

 

It is recommended that the overall height of the dwelling be reduced by a further 300mm which would result in a 7.1m wall height.

 

The views from the adjoining premises are outlook views of sky and trees only and are not of a value that requires any detailed view loss analysis.

 

The setbacks to the alterations and additions to the dwelling satisfies the preferred solution of the DCP for Dwellings. See comments in DCP Section with regards to side boundary setbacks of the garage and carport.

 

The proposed alterations and additions to the dwelling is of a contemporary style which is different to other alterations to dwellings in the street. The DCP does not discourage innovative design, nor is the property within a conservation area.

 

The views from the adjoining premises are outlook views of sky and trees only with some distant views to portions of buildings that are not of a significant value that requires any detailed view loss analysis.

 

5.    Relevant Environmental Planning Instruments

 

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

 

5.1    Policy Controls


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

42%

Yes

25m² of private open space provided.

91m2 +

Yes

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

6m x 15.24 m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

30%

Yes

Floor area

(Site area 690m2) maximum FSR 0.5:1 

0.56:1

No, see comment below

 

The total floor space ratio of the dwelling includes the cabana building which if not included would result in a floor space ratio of the dwelling being 0.51:1. In the context of the locality the floor space ratio of the buildings on site will not be out of character with the other buildings in the locality which includes a number of three and four level buildings on the opposite side of the street and within adjoining streets. It is acknowledged that the western side of Kensington Road is surrounded by areas zoned for higher density development, however it cannot reasonably be argued that a two storey building and outbuildings of this density will result in a substantial departure from the established nature of the locality. Therefore whilst the preferred solution of the DCP is not satisfied the overall objectives and performance requirements of the DCP are complied with.

 

 

Height, Form & Materials

External wall height maximum 7m

7.4 m

No, see comment below

Cut or fill maximum 1m.

Less than 1m

Yes

No excavation within 900 mm of a side boundary.

Excavation for carport and store

See comment below

No excavation within 4m of a rear boundary.

Up to rear boundary for rear outbuilding

See comment below

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

Upper level setback 1635mm from southern side boundary

 

 

The proposed external wall height of the building as amended is 7.4m. A condition of consent is recommended that the overall height of the building be reduced by a further 300mm which can readily be accommodated within the proposed building envelope which include floor to ceiling heights of 3000mm and 2900mm of the ground and first floor respectively. An external wall height of 7.1m will not be unreasonable and because of the skillion type roof will remain overall lower in height in comparison to a proposal with a conventional hipped roof style.

Conditions of consent are recommended with respect to proper excavation and building procedures to ensure the stability of the subject and adjoining properties during building works.

 

 

Building setbacks

Front setback average of adjoining dwellings or 6m

No change

Yes

Rear boundary setback at least 4.5m

In excess of 13m to dwelling

Yes

Side setbacks be 900mm at ground level.

1500mm and 1635mm to both side boundaries for the dwelling, up to the northern side boundary for the garage/carport component.

No, see comments below

Side setbacks be 1.5m at second floor level.

1500mm and 1635mm from side boundaries

Yes

 

There are no major objections to the garage/carport being sited up to the side boundary as the setback of the building in this position will not significantly detract from the amenity of the adjoining dwelling because the buildings are at a lower level than the adjoining dwelling and being directly to the south of the adjoining dwelling will not unreasonably compromise access to sunlight and fresh air to that dwelling with the primary living area windows to the rear portion of the dwelling not being affected.

In relation to the proposed cabana within the rear corner of the property the position of the building to the boundaries is sufficiently sited from the adjoining dwellings and will not result in any significant overshadowing to the adjoining properties that would result in any unreasonable impacts to the adjoining properties.

 

 

Privacy

There is a potential for overlooking into the adjoining property from the upper level windows of the living area adjacent to the bedroom. A condition of consent is recommended to require that the sill height of those windows be raised to 1500mm. In relation to the upper level terrace there are louvres to the southern side which will prevent direct overlooking into the adjoining property. There will not be any significant loss of privacy to the property to the north as the upper level windows adjoining are to the bedrooms and bathroom and not to a living area.

 

 

Garages & Driveways

 

 

 

 

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

2 spaces.

Yes

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

Comply

Yes

Driveway minimum width of 3m and side setback 1m

Existing driveway

Yes

Driveway maximum width of 3m at the boundary.

Existing driveway

Yes

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 behind the established building line in the street.

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

Fences

The application includes a new front fence which is a maximum height of 1800mm and includes timber infill slats to the upper two thirds of the front fence. The height and style of the fence is not inconsistent with the established fencing form in the immediate locality which includes a variety of front fencing.

 

 

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.

Yes

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 any existing solar collectors

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

There will be some additional overshadowing onto the adjoining properties, however the extent of overshadowing is unavoidable and not unreasonable as it arises because of the orientation of the sites on an east west axis rather than because of any unacceptable design. 

Further, the north facing windows are already overshadowed throughout most of the day during the winter solstice and the proposal will not result in any additional overshadowing on this day. It is also noted that the proposal has a side setback in excess of the DCP preferred solution and subject to a condition the proposal will have a maximum wall height of 7.1m.

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

$ 650 000

1.0%

$ 6 500.00

 

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, including the erection of a new garage and carport, in ground swimming pool and cabana, be approved subject to conditions.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 996/2010 for alterations and additions to the dwelling, including a new garage and carport, in ground swimming pool, and cabana, front fence and associated site works at 46 Kensington Road, Kensington subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

Plan

Drawn by

Dated

Received

A00

Draftsmart

14/02/11

21st February 2011

A02

Draftsmart

14/02/11

21st February 2011

A03

Draftsmart

14/02/11

21st February 2011

A04

Draftsmart

14/02/11

21st February 2011

B01

Draftsmart

14/02/11

21st February 2011

 

BASIX Certificate

No.

Dated

Received

 

A99075

8 November 2010

12 November 2010

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements:

 

a)   To reduce the visual impact of the overall height of the building and overshadowing upon the amenity and outlook of the adjoining properties the overall height of the building is must reduced by 300mm. The reduction in overall height can be accommodated by the reduction in the floor to ceiling height of the ground and first floor levels. Details are to be provided with the Construction Certificate plans.

 

b)   To improve privacy to the adjoining property the upper level windows within the southern elevation serving the retreat living area must have sill heights of a minimum of 1500mm above floor level. Plans are to be amended and provided with the Construction Certificate.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

The following conditions of consent must be complied with prior to the issue of a ‘Construction Certificate’ by either Randwick City Council or an Accredited Certifier.  All necessary information to demonstrate compliance with the following conditions of consent must be submitted with the construction certificate application.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent conditions and to achieve reasonable levels of environmental amenity.

 

Consent Requirements

3.       The requirements and amendments detailed in the ‘General Conditions’ must be complied with and be included in the construction certificate plans and associated documentation.

 

External Colours, Materials & Finishes

4.       The colours, materials and finishes of the external surfaces are to be consistent with the schedule of colours and finishes received with the application on the 12th November 2010.

 

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $ 650 000, the following applicable monetary levy must be paid to Council:   $ 6 500.00.

       

The levy must be paid in cash, bank cheque or by credit card prior to a construction certificate [or subdivision 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.

 

Compliance with the Building Code of Australia

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

 

Long Service Levy Payments

7.       The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, must be forwarded to the Long Service Levy Corporation or the Council, 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.

 

Stormwater Drainage

8.       A surface water/stormwater drainage system must be provided in accordance with the following requirements, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate:-

 

a)    Surface water/stormwater drainage systems must be provided in accordance with Part 3.1.2 of the Building Code of Australia (Volume 2);

 

b)    The surface water/stormwater must be drained and discharged to the street gutter or, subject to site suitability, the stormwater may be drained to a suitably designed absorption pit;

 

c)    Any absorption pits or soaker wells should be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance;

 

d)    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;

 

e)    Details of any proposed drainage systems or works to be carried out in the road, footpath or nature strip must be submitted to and approved by Council before commencing these works.

 

BASIX Requirements

9.       In accordance with section 80A(11) of the Environmental Planning & Assessment Act 1979 and clause 97A of the Environmental Planning & Assessment Regulation 2000, the requirements and commitments contained in the relevant BASIX Certificate must be complied with.

 

The required commitments listed and identified in the BASIX Certificate must be included on the construction certificate plans, specifications and associated documentation, 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.

 

Energy & Water Efficiency

10.     The following energy efficiency and water saving measures are to be implemented in all new and upgraded building work and details included in the construction certificate:

 

a)    The consumption of water shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets.

 

b)    New external timber or metal framed and brick veneer walls and roofs are to be provided with insulation (i.e. bulk insulation and a reflective building membrane/reflective sarking/foil insulation), having a minimum total thermal resistance R–value of 3.0 in roofs and 1.5 in external walls.  The insulation and reflective building membrane is to be installed in accordance with the relevant requirements of the Building Code of Australia and the manufacturers details.

 

c)    New hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

Smoke Alarms

11.     Smoke alarms are required to be installed in each Class 1 building or 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 are to be included in the construction certificate.

 

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’, as applicable.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

12.     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 any 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.

 

Home Building Act 1989

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, the requirements of the Home Building Act 1989 must be complied with.

 

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

 

 

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Temporary Site Fencing

15.     Temporary site safety fencing must be provided 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 site 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.

 

Temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

If it is proposed to locate any site fencing, hoardings or amenities upon any part of the footpath, nature strip or public place, a Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services before placing any item or article on the road, footpath or nature strip.

 

Construction Site Management Plan

16.     A Construction Site Management Plan must be developed and implemented prior to the commencement of any works. The construction 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;

·          provisions for temporary stormwater drainage;

·          construction noise and vibration management;

·          construction traffic management details.

 

The site management measures must be implemented prior to the commencement of any site works and be maintained throughout the works, to the satisfaction of Council.

 

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

 

Demolition Work Plan

17.     A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures and relevant environmental/occupational health and safety requirements.

 

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

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

·          Details of hazardous materials (including asbestos)

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

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works will commence

·          Recycling, reuse and waste disposal of remediation materials

 

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

 

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

 

Notes

 

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

§  Refer to the conditions within the “Requirements During Construction & Site Work”, for further details and requirements relating to demolition work, removal of any asbestos and public safety.

 

Sydney Water

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

 

Prior to the commencement of excavation or building works, the approved Construction Certificate plans must be submitted to a Sydney Water Quick Check agent or Customer Centre, 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 works.

 

Public Utilities

19.     A Public Utility Impact Assessment must be carried out to identify all public utility services located on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the building works.

 

Documentary evidence from the relevant public utility authorities confirming that their requirements have been or are able to be satisfied, must be submitted to the Principal Certifying Authority prior to the commencement of any works.

 

The owner/builder must make the necessary arrangements and meet the full cost for telecommunication companies, gas providers, Energy Australia, Sydney Water and other authorities to adjust, repair or relocate their services as required.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

The following conditions of consent must be complied with during the demolition, excavation and construction of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity during construction.

 

Demolition Work Requirements

20.     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 & Water and Randwick City Council policies, including:

 

·          Occupational Health & Safety Act 2000 & Regulations

·          WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·          WorkCover NSW Guidelines and 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 DECCW/EPA Guidelines

·          Randwick City Council Asbestos Policy

 

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.

 

Removal of Asbestos Materials

21.     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

 

·          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.  A copy of the relevant licence must be provided to the Principal Certifying Authority.

 

·          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.  Details of the landfill site (which must be lawfully able to receive asbestos materials) must be provided to the Principal Certifying Authority.

 

·          A Clearance 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 and the Principal certifying authority 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.

 

Site Signage

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

 

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

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

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

 

Sediment & Erosion Control

23.     Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.  Details are to be included in the Construction Site Management Plan.

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

f)     Temporary safety fencing is to be provided to any swimming pools under construction, 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.

 

Excavations, Back-filling & Retaining Walls

25.     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 must be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

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

 

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

 

Support of Adjoining Land

26.     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 a) 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.

 

27.     Prior to undertaking any demolition, excavation or building work in the following circumstances, a report must be obtained from a professional engineer which details the methods of support for the dwelling or associated structure on the adjoining land, to the satisfaction of the Principal Certifying Authority:

 

·          when undertaking excavation or building work within the zone of influence of the footings of a dwelling or associated structure that is located on the adjoining land;

·          when undertaking demolition work to a wall of a dwelling that is built to a common or shared boundary (eg. semi-detached or terrace dwelling);

·          when constructing a wall to a dwelling or associated structure that is located within 900mm of a dwelling located on the adjoining land.

 

The demolition, excavation and building work and the provision of support to the dwelling or associated structure on the adjoining land, must also be carried out in accordance with the abovementioned report, to the satisfaction of the Principal Certifying Authority.

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·     Monday to Friday - 7.00am to 5.00pm

·     Saturday - 8.00am to 5.00pm

·     Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

 

·     Monday to Friday - 8.00am to 5.00pm

·     Saturday - No work permitted

·     Sunday & public holidays - 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.

 

Inspections During Construction

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

 

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).

 

Building Encroachments

30.     There must be no encroachment of any structures or building work onto Council’s road reserve, footway, nature strip or public place.

 

Road/Asset Opening Permit

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

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health, safety and amenity.

 

Occupation Certificate Requirements

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

 

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

 

 

BASIX Requirements

33.     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.

 

Occupant Safety

34.     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:

 

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

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

·          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,

·          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),

·          Other appropriate effective safety measures or barrier.

 

Swimming Pool Safety

35.     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.

 

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.

 

Swimming Pool & Spa Pool Requirements

36.     Swimming pools (and spa 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.

 

Notification of Swimming Pools & Spa Pools

37.     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.

 

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.

 

OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health and environmental amenity.

 

External Lighting

38.     External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

Protection of the Environment Operations Act 1997 – Swimming Pools & Spa Pools

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

 

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

 

Pool Plant & Equipment

40.     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:

 

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

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

 

Protection of the Environment Operations Act 1997 – Air Conditioners

41.     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.

 

Air Conditioning & Equipment

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

 

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

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

 

Protection of the Environment Operations Act 1997 – Rainwater Tanks

43.     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.

 

Rainwater Tank Requirements

44.     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 tanks 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 rainwater tanks 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:

 

45.     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.

 

46.     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:

 

47.     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.

 

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

 

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

 

ADVISORY NOTES

 

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and Council’s policies.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

·           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 requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

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.

 

Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

·           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.

 

·           A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:

 

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

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

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

 

For further information please contact Council’s Building Approvals & Certification team on 9399 0944.

 

·           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.

 

·           Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

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

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                      24 May 2011

 

 

Director City Planning Report No. CP35/11

 

 

Subject:                  165A-167B Maroubra Road, Maroubra

Folder No:                   DA/503/2008/C

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     Section 96 modification of approved development by deletion of condition 90 which required under grounding of power and telecommunications lines 

Ward:                      Central Ward

Applicant:                Dealruby Pty Ltd

Owner:                         Dealruby Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The Section 96 application is referred to Council for determination as it involves the deletion of a condition requiring the removal of power poles and undergrounding of power cables in the street contrary to Council policy. The approved development (DA/503/2008) comprised the demolition of existing structures on site and construction of a 7-storey mixed use building comprising 22 x residential apartments, 4 x retail/commercial suites and basement car park for 43 vehicles, site landscaping, fencing and associated works. This DA was determined at the Ordinary Council meeting of the 24 February 2009.

 

The application is for a Section 96(1A) Modification of Development Consent 503/2008 to delete the following condition of consent:

 

“90.    The applicant shall meet the full cost of the overhead power lines and telecommunication cables located in the vicinity of the development site to be relocated underground and all redundant power poles to be removed. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.”

 

The proposed modification is for a condition of consent only and does not give rise to additional amenity impacts and access as there is no change to the approved development. The proposal is considered to be substantially the same development as was originally approved and satisfies Section 96 of the Act.

 

Following assessment of the application, the proposed deletion of Condition No 90 is considered reasonable and acceptable for the reasons outlined in this report. The application is recommended for approval.

 

2.    The Proposal

The application is for a Section 96(1A) Modification of Development Consent 503/2008 to allow for the deletion of Condition No. 90 which requires the applicant to meet the full cost of existing overhead power lines and telecommunication cables to be relocated underground.

 

The applicant has submitted a costing of the required undergrounding of existing cables prepared by Poles & Underground Pty Limited which provides a quote of $467,900 for the required works.

 

3.    The Subject Site and Surrounding Area

 

The subject site is described as Lot 12 in DP 844529, No. 165A – 167B Maroubra Road, Maroubra. The site is located at the south-eastern corner of the junction between Maroubra Road and Robey Street, and presents a trapezium shape in plan view. The site has a flat terrain with a cross fall of approximately 1.16m (from RL 26.47m at the south-eastern corner to 25.31m at the north-western corner). The dimension and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern, Maroubra Road boundary

18.1m

 

Western, Robey Street boundary

44.425m

 

Street corner splay

1.14m

 

Eastern, side boundary

38.745m

 

Southern, side boundary

17.905m

 

 

 

752.8m2

 

Aerial view of subject site

 

At present, the site is occupied by a single-storey retail complex consisting of 4 shops with at-grade car parking to the rear accessible from Robey Street.

 

The site is adjoined to the east by a double-storey retail and office building of brick construction (Nos. 169 and 171 Maroubra Road). Immediately adjoining the site to the south are two single-storey detached dwellings of fibro and tiled roof construction (Nos. 1 and 3 Robey Street). Further to the south is an Energy Australia sub-station (No. 5-17S Robey Street). At the south-western corner of the Robey Street and Maroubra Road junction is a single storey detached dwelling of brick and tiled roof construction (No. 2 Robey Street), which is classified as a heritage item under Randwick Local Environmental Plan 1998 (Inventory No. 382 – post-war style residence). To the south of the above property is a double-storey attached dual occupancy of rendered brick and tiled roof construction (Nos. 4 and 4A Robey Street).

 

 

Figure 1 The existing development on the subject site as viewed from the opposite side of Maroubra Road

Figure 2 The rear parking area of the existing development on site

 

Figure 3 The local heritage item at No. 2 Robey Street

Figure 4 The Robey Street elevation of the existing building on site; the more recent Pacific Square mixed commercial and residential development is seen in the background

 

4.    Site History

 

The approved development (DA/503/2008) comprised the demolition of existing structures on site and construction of a 7-storey mixed use building comprising 22 x residential apartments, 4 x retail / commercial suites and basement car park for 43 vehicles, site landscaping, fencing and associated works. This DA was determined at the Ordinary Council meeting of the 24 February 2009.

 

5.    Community Consultation

 

Given that the application is made under Section 96(1A) of the Environmental Planning and Assessment Act 1979, which relates to modifications which have minimal environmental impact, formal notification of the proposal is not necessary under Council’s Development Control Plan for Public Notification of Development Proposals.

 

6.    Technical Officers / External Bodies Comments

 

The application has not required referral to any internal section/department or external bodies for technical advice.

 

7.    Relevant Environmental Planning Instruments

 

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

 

7.1      Randwick Local Environmental Plan 1998

The proposal does not alter the overall form and function of the development as approved and complies with the main aims and objectives of the Randwick Local Environmental Plan 1998.

 

7.2    Development Control Plans – Maroubra Junction Town Centre  

The proposed modification involves the deletion of a condition of consent and represents no visible external change to the proposed development. The proposed modifications will not alter the compliance of the development with the relevant provisions of this DCP as the changes to Condition No. 90 seek to delete the requirement for undergrounding of power cables only.

 

Furthermore, the modification as detailed in the current Section 96(1A) application will not adversely affect the amenity of immediately adjoining properties or the locality in terms of privacy, solar access and views. 

 

 

 

8.    Policy Controls

 

The policy for replacing overhead wires with underground cables was adopted at the Health, Building and Planning Committee meeting on 8 November 2005. This policy, amongst other things, requires that applicants of development applications be required to meet all costs associated with replacing overhead wires with underground cables in the vicinity of the development site when the cost of works on the site exceeds $2 million.

 

The proposed Section 96 modification to delete Condition No. 90 results in a development that fails to comply with provisions of Council’s policy on undergrounding of cables adopted on 8 November 2005.

 

In assessing the current application, following relevant issues have emerged: 

 

·           Prohibitive Cost of undergrounding of cables - The applicant has indicated that the degree of cost involved in undergrounding of cables is onerous. In this case, it is estimated to be in the vicinity of $467, 900 which equates to approximately 6.6% of the total cost of development.

 

·           The subject site and its context in relation to undergrounding cables for the proposed development.

 

The applicant has provided costing details for the undergrounding of relevant overhead power lines and cables which amounts to $467,900 which is approximately 6.6% of the cost of development. Whilst this proportion is less than 10% in relative terms, in absolute terms, a figure of $467,900 is a substantial amount and one which, if the policy were to be enforced, be borne by the developer in addition to, and well in excess of, the Section 94 contribution of $70,775 charged under the development consent.

 

The applicant has also indicated that no requirement for undergrounding of power cables has been applied on the existing Pacific Square Development on the opposite side of Maroubra Road so that the imposition of such a requirement on the subject site would be isolated and ad hoc. Whilst the Pacific Square development at Nos 707-745 Anzac Parade (DA/225/2002) was approved on 12 November 2002, that is, before the adoption of Council’s policy on undergrounding of cables on 8 November 2005, the applicant’s concern that a requirement for undergrounding cables will be an isolated situation at the periphery of the Maroubra Town Centre has merits. In view of this, a comprehensive policy for undergrounding cables in the Maroubra Town Centre appropriately should be considered as part of any future review of the current Town Centre DCP and Section 94 Contribution Plan especially considering that the application of the current policy is constrained somewhat by the judgement of Commissioner C Brown in the case of Kain Projects Pty Ltd v Randwick City Council [2009] NSWLEC 1407 which essentially identified a number of inadequacies in the policy and the questionable benefits of placing cables underground where existing overhead cabling in the surrounding area is likely to remain.

 

The undergrounding of the cables in the vicinity of the site would only occur along Maroubra Road in front of the site and around the corner into Robey Street. There will be less likelihood of power lines being relocated underground on the eastern and opposite western sides of Robey Street in the future as the existing residential development and zoning on these frontages are predominantly low scaled dwelling house developments in a Residential 2A zone and therefore, would be unlikely to accommodate developments in excess of the current $2 million dollar threshold.

 

In view of the above, the applicant’s request to delete condition No. 90 is supported.

 

9.    Section 96 Assessment

 

Under the provisions of Section 96(1A), a consent authority may modify a development consent if it is satisfied that the development to which the development as modified is substantially the same development as the development for which the consent was originally granted; and has considered any submissions made concerning the proposed modifications.

 

9.1      Substantially the Same Development:

In accordance with Section 96 of the Environmental Planning and Assessment Act, 1979 the proposed changes, physically, are considered minor and will result in a development that is substantially the same as the originally approved development. As such they can be assessed under Section 96 of the Act.

 

In light of the advice provided by the applicant’s consultant, it is not possible for the applicant to comply with condition No. 90 primarily due to cost and deletion of the condition is supported for the reasons outlined in Section 8 above. 

 

The proposed deletion of the requirement for undergrounding of cables in condition No. 90 will not result in any adverse effects on the amenity of immediately adjoining properties or the locality in terms of privacy, solar access and views. 

 

9.2      Consideration of any submissions:

As indicated in Section 5 above, as the application is made under Section 96(1A) of the Environmental Planning and Assessment Act 1979, which relates to modifications which have minimal environmental impact, formal notification of the proposal is not necessary under Council’s Development Control Plan for Public Notification of Development Proposals.

 

10. Environmental Assessment

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

 

 

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

The proposal is consistent with the aims and objectives of the draft Randwick LEP 2008.

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

Refer to the “DCP- Maroubra Junction town centre” section of this report.

 

 

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

 

Not applicable.

 

 

 

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 proposed development as amended under  this Section 96 application is consistent with the predominant mixed residential, retail and commercial land uses in the locality. The amended proposal is not considered to result in detrimental social or economic impacts on the locality.

 

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

The site has sufficient area to accommodate the proposed land uses and structures as assessed in the original DA and is zoned Zone No. 3A (General Business Zone) under Randwick Local Environmental Plan 1998 (Consolidation) in which the approved use is permissible. Therefore, the site is considered suitable for the proposed development as amended in the subject Section 96 application. 

 

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

The proposal is not considered to result in significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered satisfactory in public interest terms.

 

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 5:       Excellence in urban design and development.

Direction 5a:      Improved design and sustainability across all development.

 

Financial Impact Statement

There is no direct financial impact for this matter.

 

Conclusion

The modifications proposed as part of this application do not alter the form and nature of the approved mixed use development. Having regard to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the proposed deletion of the requirement for undergrounding of cables in condition No. 90 is considered to result in a development that remains substantially the same as the development for which the consent was originally granted. It is therefore considered that the modification to the original development consent is reasonable.

 

Recommendation

 

That Council, as the responsible Consent Authority grant consent under Section 96 of the Environmental Planning and Assessment Act 1979 to modify Development consent No DA/503/2008 for permission to modify approved development by deleting Condition No. 90 of the original consent relating to underground cabling at 165A-167B Maroubra Road, Maroubra, in the following manner: 

 

·      Delete Condition No. 90

 

Attachment/s:

 

Nil


Ordinary Council                                                                                                      24 May 2011

 

 

Director City Planning Report No. CP36/11

 

 

Subject:                  JRPP Report for 2-6 Goodwood Street, Kensington

Folder No:                   DA/182/2011

Author:                   Wendy Wang, Environmental Planning Officer     

 

Introduction

 

The subject application is reported to the Planning Committee Meeting as it is classified as a “regional development” (having a capital investment value in excess of $10 million) and is required to be determined by the Joint Regional Planning Panel pursuant to Clause 13B(1)(a) of State Environmental Planning Policy (Major Development) 2005.

 

The subject development application proposes the demolition of the existing structures on the site and construction of a new part 3 part 7 storey mixed use development comprising 3 separate multi-unit buildings (referred to as Block A, Block B and Block C) to create 103 apartments with basement carparking for 92 vehicles, landscaping and associated works.

 

The proposal was the subject of a pre-lodgement meeting (PL/53/2010) held between the applicants and Council Officers on 29 September 2010 and 15 November 2010.

 

The main issues/concerns raised at the pre-development stage are outlined as follows:

 

·           Compliance with the building envelope.

·           GFA in excess of the DCP maximum yield of 85%, ultimately impacting on the desired future character of Kensington; the amenity of private and public spaces; and the public domain.

 

The variations sought at Predevelopment stage go significantly beyond the DCP provisions in that it introduces significant height, bulk and scale that do not appear to accord with the DCP’s design objectives for Block 02.  As such, it was recommended that any formal future development application for the proposal should reduce the building height and number of storeys.

 

Issues

 

A total of 111 submissions were received in response to the notification and advertising of the DA raising concerns including, but not limited to, overdevelopment of the site, increased pressures on parking, overshadowing of Kokoda Park, lack of landscaping, and general non-compliance with the relevant requirements of the DCP – Kensington Town Centre and Randwick LEP 1998 (Consolidation).

 

The proposal is permissible under the Randwick Local Environmental Plan (Consolidation). The proposal does not comply with the maximum number of storeys and maximum height for development standards as prescribed by Clauses 42C(4)(a) and (b) of the Randwick LEP 1998. The proposal has a maximum building height of 24.7m, which exceeds the maximum building height control of 17.1m by 7.m. The proposal also breaches the maximum 5 storey height having a 7 storey component in all three blocks (A, B & C), with each of the 3 blocks having a maximum height of 24.7m. State Environmental Planning Policy No.1 (SEPP No.1) objections have been submitted in relation to the breach of these controls.

 

The proposal was the subject of a prelodgement meeting (PL/53/2010) held between the applicants and Council Officers on 29 September 2010 and 15 November 2010. At the time, the recommendation provided to the applicant by both the Design Review Panel and Council explicitly advised that the maximum number of storeys and building height controls would have deciding weight in the final assessment and a reduction should be reflected in any formal development application. The current proposal is successful in addressing some of the matters raised by the Panel in relation to building footprints and general amenity for future occupants, but fails to provide any reasonable grounds for Council to support the extra storeys. As such, the application is recommended for refusal.

 

An assessment of the SEPP 1 objections indicates that strict compliance with the controls would be reasonable and necessary as detailed in Section 5 of this report. In particular, the excess building height has been applied along the entire length of the eastern side of the site with the corner floors being overstated and heavy in presentation. The proposed façade composition and external treatment further exacerbates the appearance of bulk and scale by accentuating the north eastern and south eastern corner blocks.

 

The extensive and unacceptable overshadowing impacts on Kokoda Park are a direct consequence of the proposal’s excessive height and number storeys. These impacts are particularly apparent in the winter afternoons, when the development overshadows the park entirely, restricting any use and enjoyment by the public. The resultant overshadowing is clearly demonstrated in accompanying shadow diagrams and when compared to overshadowing impacts generated by a more compliant development, it is evident that a development which meets the relevant controls lends a tangibly higher degree of amenity to the surrounding development and Kokoda Park users. As shown in the diagrams below, additional overshadowing caused by the non-compliant storeys of the proposal affect a significant portion of the existing children’s play area located in the south eastern corner of Kokoda Park. It is considered that preserving reasonable levels of solar access for these areas are particularly important and conducive to a high level of amenity for residents living within and around the Kensington Town Centre.

 

The proposal is also deficient in parking provision (required – 107 spaces, provided – 92 spaces) due to a combination of the constraints of the site and the excessive floor area and number of units sought. The applicant offers the argument that provision of more studio/1 bedroom units (73% of the proposed apartment mix) will generate less parking demand, the surrounding area is well serviced by public transport, and that a third basement level to provide additional parking is not considered viable or necessary. This is not considered to be valid as the DCP stipulates no more than 40% of the total number of apartments comprise of studio/1 bedroom apartments. Justification of a non-compliance with development controls with another non-compliance is not a well founded argument. The additional benefits from a integrated housing/transport perspective do not out-weigh non-compliance with the development standards of a properly advertised and adopted LEP and DCP.

 

The site forms Block 02, part of the wider Kensington Town Centre site which is the subject of a Development Control Plan 2002 (DCP) adopted on 26 November 2002 and effective from 22 January 2003. The proposal does not meet the relevant controls of the DCP and is inconsistent with the overall objectives for the Kensington Town Centre. 

 

The DCP – Kensington Town Centre describes a block-perimeter envelope with a maximum height of 5 storeys along Goodwood Street (with upper 2 levels setback by 4m); 4 storeys along the Kokoda Park frontage; and 5 storeys along Ascot Street (with upper 2 levels setback by 4m). The proposal will have a maximum of 7 storeys such that it will exceed the designated envelopes on the street frontages by 2 storeys and on the Kokoda Park frontage by 3 storeys.

 

The proposed buildings adopt narrow footprints which generally occupy the designated permissible footprint in the DCP thus providing for reasonable opportunities for open space at ground level both privately for individual dwellings and in common as a landscaped central courtyards and corridors. Notwithstanding this, the excessive GFA and resultant height and number of storeys proposed erodes the benefits of distributing floor space over three (3) separate blocks and will result in significant adverse impacts to the adjoining development and Kokoda Park.

 

The overall height, setback at upper levels and the courtyard are important elements of the envelope, future built form and character of Block 02 of the DCP.  Significantly, the gross floor area of the proposed scheme is in the order of 116.5% of the gross floor area of the envelope, while the DCP describes a maximum yield of 85%. The breaches in gross floor area and height are considered to translate to a perceptibly bulky and excessively scaled complex of buildings that do not relate appropriately with the context of the surrounding development and natural environment.

 

In addition, the proposal does not comply with the DCP – Kensington Town Centre in terms of setbacks for transitional development.

 

The proposal is an “integrated development” as the proposed development requires a site dewatering permit from The Office of Environment and Heritage (OEH) (formerly known as the Department of Environment, Climate Change and Water (DECCW)) under Part 5 of the Water Act 1919. Accordingly, the proposal was referred to the Office of Environment and Heritage for approval, and notified and advertised in accordance with the EP&A Act 1979 (as amended). As the General Terms of Approval for the proposed development have not been received from the OEH, pursuant to Clause 70(1)(a) – ‘Notification of general terms of approval’ as outlined by the Environmental Planning and Assessment Regulation 2000, the application is recommended for refusal and copies of all submissions received, as well as a copy the determination will be forwarded to the OEH, as the approval body.

 

The variations in setback, storey height, maximum building height and gross floor area have been assessed in relevant sections of this report and are considered to be unacceptable in the circumstances.

 

The scale of the development is not considered to be suitable for the site or in the context of the surrounding Kensington Town Centre. The proposal will also result in unreasonable adverse impacts to the amenity currently enjoyed by the surrounding residential development and Kokoda Park users. The subject application is therefore recommended for refusal. 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:               Excellence in urban design.

Outcome 10:             A healthy environment.

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

Direction 10a:            Council is a leader in fostering sustainable practices.

 

Financial impact statement

 

There is no direct financial impact for this matter.

Conclusion

 

The subject application proposes the demolition of the existing structures on the site and construction of a new part 3, part 7 storey mixed use development comprising 3 separate multi-unit buildings to create 103 apartments with basement carparking for 92 vehicles, landscaping and associated works accessed off Goodwood and Ascot Streets.

 

The proposal does not comply with the maximum number of storeys and maximum height for development standards as prescribed by Clauses 42C(4)(a) and (b) of the Randwick LEP 1998. The proposal has a maximum building height of 24.7m, which exceeds the maximum building height control of 17.1m by 7.m. The proposal also breaches the maximum 5 storey height having a 7 storey component in all three blocks (A, B & C), with each of the 3 blocks having a maximum height of 24.7m. State Environmental Planning Policy No.1 (SEPP No.1) objections have been submitted in relation to the breach of these controls. An assessment of the SEPP 1 objections indicates that strict compliance with the controls would be reasonable and necessary

 

The site is within the Kensington Town Centre, as such, the Kensington Town Centre DCP applies. The proposal does not meet the relevant controls of the DCP and is inconsistent with the overall objectives for the Kensington Town Centre. 

 

The proposal was submitted for consideration under Council’s pre-lodgement service. Council explicitly advised that the maximum number of storeys and building height controls would have deciding weight in the final assessment.

 

The buildings proposed have maximum height of 7 storeys along the entire eastern side of the site, fronting Kokoda Park and is a full 2 storeys higher than the Kensington Town Centre DCP and RLEP 1998 (Consolidation) allows. There are no grounds to support the extra storeys as the resultant impacts on solar access and general amenity are significant and detrimental.

 

Additionally, the proposal does not comply with the DCP – Kensington Town Centre in terms of setbacks for transitional development as outlined in the Kensington Town Centre DCP. 

 

The proposal also fails to achieve compliance with the parking rates specified in the DCP – Parking by a shortfall of 15 spaces.

 

The scale of the development is not considered to be suitable for the site or in the context of the surrounding Kensington Town Centre

 

It is recommended that the application be refused in accordance with the recommendation of the Joint Regional Planning Panel.

 

Recommendation

 

That Council endorse the recommendation in the attached assessment report for the Joint Regional Planning Panel.

 

Attachment/s:

 

1.View

JRPP Report for 2 - 6 Goodwood Street, Kensington

 

 

 

 


 

JRPP Report for 2 - 6 Goodwood Street, Kensington

Attachment 1

 

 

 

JRPP No.

2011SYE035

 

DA No.:

 

DA/182/2011 – Demolition of existing structures on the site and construction of a new part 3 part 7 storey level mixed use development comprising of 3 separate multi-unit buildings to create 103 apartments with basement carparking for 92 vehicles, landscaping and associated works at 2-6 Goodwood Street, Kensington.

 

Applicant:

 

Fox Johnston

 

Report By:

 

Environmental Planning Officer – Randwick City Council

 

1.         Executive Summary

 

Council is in receipt of a development application proposing the demolition of the existing structures on the site and construction of a new part 3 part 7 storey level mixed use development comprising of 3 separate multi-unit buildings (referred to as Block A, Block B and Block C) to create 103 apartments with basement carparking for 92 vehicles, landscaping and associated works.

 

The application is referred to the Joint Regional Planning Panel for determination pursuant to clause 13B (1)(a) of State Environmental Planning Policy (Major Development) 2005 as the development has a capital investment value in excess of $10 million.

 

Additional information and comparative shadow diagrams have been provided by the applicant in response to the overshadowing impacts of the development proposal on the adjacent residential flat buildings and Kokoda Park and concerns raised by Council Officers and the Design Review Panel

 

The proposal is permissible under the Randwick Local Environmental Plan (Consolidation). The proposal does not comply with the maximum number of storeys and maximum height for development standards as prescribed by Clauses 42C(4)(a) and (b) of the Randwick LEP 1998. The proposal has a maximum building height of 24.7m, which exceeds the maximum building height control of 17.1m by 7.m. The proposal also breaches the maximum 5 storey height having a 7 storey component in all three blocks (A, B & C), with each of the 3 blocks having a maximum height of 24.7m. State Environmental Planning Policy No.1 (SEPP No.1) objections have been submitted in relation to the breach of these control