Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 14 June 2011

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                                14 June 2011

 

 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 14 June 2011 at 6:00pm.

 

 

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

 

Quorum:                           Eight (8) members.

 

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 10 May 2011

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Planning Matters

 

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

 

Development Application Reports (record of voting required)

D55/11      14-20 Gardeners Road, Kingsford (deferred)

D56/11      11A Chapman Avenue, Maroubra

D57/11      32 Hayward Street, Kingsford

D58/11      8 Boomerang Street, Maroubra

D59/11      63 Loch Maree Street, Maroubra

D60/11      16 Clifton Road, Clovelly

D61/11      69 Garrett Street, Maroubra

D62/11      12 Chatham Street, Randwick

D63/11      5 Gordon Avenue, Coogee

D64/11      26 Broadbent Street, Kingsford

D65/11      13B Higgs Street, Coogee

D66/11      36 Burnie Street, Clovelly

D67/11      37 Burnie Street, Clovelly

D68/11      34 Oberon Street, Randwick

D69/11      9 Lurline Street, Maroubra

D70/11      173 Avoca Street, Randwick

D71/11      19-21 Lister Avenue, Little Bay

D72/11      301 Alison Road, Coogee

Miscellaneous Reports

Nil   

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                                14 June 2011

 

 

Development Application Report No. D55/11

 

 

Subject:                  14-20 Gardeners Road, Kingsford

Folder No:                   DA/1009/2010

Author:                   Roger Quinton, Coordinator Development Assessment     

 

Introduction

 

Council at the Ordinary Council Meeting held on 24 May 2011, resolved:

 

“(Nash/Woodsmith) that the application be deferred to allow Council officers to review the additional information against the requirements of the amended SEPP (Affordable Rental Housing).”

 

State Environmental Planning Policy (Affordable Rental Housing) (SEPP) was amended on 20 May 2011. A requirement of the amendment is that for existing applications for boarding houses, which are yet to be determined, the consent authority must take into consideration whether the design of the development is compatible with the character of the area.

 

Additional information was received from the applicant addressing this change to the SEPP on 24 May 2011.

 

It is considered that the proposed development will be compatible with the existing character of the area as detailed in the assessment below. 

 

Assessment

 

Clause 54A Savings and transitional provisions – 2011 amendment of the SEPP states:

 

“(3)  If an existing application relates to development to which Division 1 or 3 of part 2 applied, the consent authority must not consent to the development unless it has taken into consideration whether the design of the development is compatible with the character of the area.”

 

Division 3 of the SEPP relates to boarding houses and therefore Clause 54A relates to the subject application.

 

The NSW Heritage Office booklet “Design In Context” is a guideline for the assessment of infill development and it is useful for the assessment of the impact of the subject application on the character of the area. It states that the following contribute to the character of an area:

 

·      The underlying natural landform;

·      Distinctive landscape elements;

·      The date and style of the buildings;

·      The scale and form of the buildings;

·      Street and subdivision patterns;

·      Setbacks of the buildings;

·      Materials, building techniques and details;

·      Views, vistas and skylines. 

 

The applicant has described the character in the vicinity of the subject site as follows:

 

“The section of Gardeners Road from the roundabout west to Houston Road and north to Southern Cross Lane comprises a range of shoptop, two storey row developments, each lot being about 6m in width and 50m deep, and punctuated notably by the Australia Post Building at number 12, a 2 storey 1970s brutalist structure with hard stand parking to the rear, which has altered the historic subdivision pattern. The buildings forming 20-28 Gardeners Road were previously noted in the 1996 DCP as contributory façades probably due to the “deco style” parapet silhouette, however, these were not listed in the subsequent 1998 LEP or any amendment or draft listing since.

 

The land form is flat and sandy to the south and west, and rises dramatically to the east on the eastern side of Anzac Parade. On the southern side of Gardeners Road is the Dacey Garden Reserve, which is adjoined by the significant Daceyville garden suburb and a number of associated heritage items listed in the Botany LEP. The “garden suburb” was constructed by the department of housing in the early twentieth century(1895-1912) as a model suburb in a very distinctive federation free style form. Early bungalow style, single semi-detached row and residential flat buildings were built and innovative systems of tenure including lawn mower leases were set up to encourage the residents to develop and experience a new residential form. The vision was that of Sir John Sulman, however, its expansion and/or completion was terminated by the outbreak of World War 1.

 

By comparison, the development on Gardeners Road was coincidental and opportunistic with little reference to the “garden city” ideals throughout the inter-war period. The St. Georgeʼs Presbyterian Church site to the north of the site offers an interesting and varied precinct, while the Greek Orthodox Church and school (St Spyridon) to the west of Gardeners Road adds further interest, however, there is little in the way of coordinate development since the garden suburb experiment at the turn of the last century. There are a number of significant character trees in the vicinity and distant views to the South and South West across Daceyville.FIGURE 04: 72 Gardeners Road, St Spyridon Greek Orthodox Church.

 

The subdivision pattern is complex and apparently the result of the roundabout intersection at Anzac Parade, Bunnerong Road and Gardeners Road. These roadways predate European settlement and are significant.

 

The pattern of the “garden suburb” is remarkable but not a pattern that is repeated in the vicinity. All of the Anzac Parade development simply fronts the subject road with little regularity and is not of any significance in its pattern, all of the buildings are built to the primary street boundary and have little or no consideration of the rear boundary condition, the single sites are long and narrow and do not readily lend themselves to orderly development.”

 

The following two photographs have been reproduced from the applicant’s assessment of the impact of the proposal on the character of the area. The first photograph shows the Australia Post building located at No. 12 Gardeners Road. The second photograph shows the group of shops at No. 20-28 Gardeners Road. The shop at the right-hand end of the group forms part of the subject development site.   

 

 

 

 

The proposed development will not be out of character with any underlying natural landform or landscape element. The subdivision pattern in the area is a result of the intersection of Anzac Parade, Gardeners Road and Bunnerong Road. These roads pre-date European settlement and are significant. The proposal maintains the existing street form and general subdivision pattern. 

 

As can be seen from the above photograph, the proposal will not be in keeping with the date, style, scale or form of this group of shops. There are however, examples of larger scale development in the vicinity of the subject property which also has been constructed at varying times. These are a 10/11 storey apartment building located at no. 44-50 Gardeners Road and two 8-10 storey mixed-use buildings on Anzac Parade being No. 343 Anzac Parade and No. 532-538 Anzac Parade. This group of shops are considered by Development Control Plan No. 16 – Kingsford Commercial Centre to have a contributory façade, however the buildings are not listed heritage items in Randwick LEP 1998. The DCP is considered to have little weight given it’s age (1996) and the proposal readily meets the design criteria contained in SEPP 65. In addition, the Australia Post building at No. 12 Gardeners Road is of a completely different style to the group of shops and is a more recent construction.

 

As detailed in the report on the application deferred from the 24 May meeting, the SEPP 65 Design Review Panel concluded that the site was ideally located for intensification and the Panel was generally supportive of the design. It was stated by the Panel that the development would make a positive contribution to Southern Cross Close, being the rear frontage of the site and in general the development has the potential to be an “uplifting” addition to the Kingsford urban scene.

 

In addition to the above, development standards contained in the Randwick LEP 1998 allow development to a height of 24 metres in this location. As detailed in the assessment report on the application deferred from the meeting of 24 May, the proposal complies with the height control fronting Gardeners Road, with the portion of the building not complying with the development standard being located away from the street frontage in the middle of the site and not visible from the street. It can therefore be concluded that the Randwick LEP 1998 envisages development of this height in this location.

 

Existing development in the area is constructed to allotment boundaries and the proposed development is to match this, although it is to be set back from the Southern Cross Close frontage by way of proposed condition of approval to allow for required land dedication and footpath construction.  

 

Views, vistas and skylines are not interrupted or adversely impacted by the proposal. There will however, be district views southwards from the proposed development. 

 

Materials and finishes in the existing development in this location includes dark face brick and stucco. Original shop fronts have been altered, traditional window openings have been replaced with aluminium windows and parapets removed.

 

It is therefore considered that the proposed development at 14-20 Gardeners Road, Kingsford will not adversely impact upon the character of the area.  

 

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 considered to be adequately compatible with the existing character of the area and 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:

 

1.View

Report CP 30/11 DA/1009/2010 14-20 Gardeners Road, Kingsford - 24 May 2011

 

 

 

 


Report CP 30/11 DA/1009/2010 14-20 Gardeners Road, Kingsford - 24 May 2011

Attachment 1

 

 

 

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

Ù

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

 


Planning Committee                                                                                                14 June 2011

 

 

Development Application Report No. D56/11

 

 

Subject:                  11A Chapman Avenue, Maroubra

Folder No:                   DA/1118/2010

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to existing semi detached dwelling

Ward:                      Central Ward

Applicant:                Classic Plans

Owner:                         J Sonego, D Hoggett & A Hoggett

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.    Executive Summary

 

The application is referred to the Planning Committee for determination at the request of Councillors Bowen, Tracey and White.

 

The application details alterations and additions to the existing dwelling, including a new first floor, a hard stand car space, swimming pool and fencing.

 

The main issue in consideration of the proposal is the location of the site within the Draft Maroubra Bay Flood Study area which has indentified sites that are the subject of high hazard flood waters and inundation.

 

The application is recommended for refusal.

 

2.    The Proposal

 

The proposal details alterations and additions to the dwelling, comprising at ground level a new covered deck and a new upper floor containing three bedrooms and a bathroom. The proposal will provide for 67m of additional floor area to the dwelling. Within the rear yard an in ground swimming pool is proposed and a new masonry wall to the rear and part eastern side boundary. An off street hard stand parking space is proposed within the front yard.

 

3.    The Subject Site and Surrounding Area

 

The locality is residential in nature and contains a mixture of semi detached and free standing dwellings and multi unit housing development. The subject site is on the southern side of Chapman Avenue with a street frontage of 5.5m, a depth of 36.965m and a site area of 241m.

 

Existing on site at present is a single storey semi detached dwelling within a group of other semi detached dwellings which abut an area of open space known as John Shore Reserve.

 

4.    Community Consultation

 

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

 

5.    Technical Officers Comments

 

The application has been referred to Council’s Development Engineers and Drainage Engineer for comment with respect to the location of the site within the lower levels of the Maroubra Bay catchment area, the following comments have been provided:-

 

Council recently undertook a flood study which shows flood Levels for the site are as follows:

 

·         The level of the Probable Maximum Flood (PMF) is 7.3m Australian Height Datum (AHD)

·         The level of the 100yr Average Recurrence Interval (ARI) is 6.3m AHD

·         The level of the 20yr ARI is 5.9m AHD

·         The level of the 5yr ARI is 5.7m AHD

·         The level of the 2yr ARI is 5.6m AHD

 

Flood inundation of the site commences in storms as frequent as the 2yr ARI and the 5yr ARI is of sufficient depth on the road to prevent the use by ordinary vehicles and therefore isolating the site.  In the 100yr ARI, the site will be isolated by high hazard flood waters and inundated above floor level. The height of the proposed ground floor level only provides protection from flooding of the dwelling for floods up to the 2 year ARI, including freeboard.

 

The Draft Maroubra Bay Flood Study was recently on public exhibition and is currently being finalised with the floodplain management study will commence shortly.  The floodplain management study will consider a variety of issues including appropriate development controls of which there are currently none relating to flooding.

 

In NSW flooding is managed in accordance with the NSW Government's Flood Prone Land Policy and Floodplain Development Manual.  This manual recommends the 100yr ARI plus 0.5m freeboard as an appropriate flood planning level for residential development.  Also, the NSW Department of Planning and Infrastructure have issued a "Guideline on Development Controls on Low Flood Risk Areas" which nominates that residential development should be based around the 100 year flood plus an appropriate freeboard, typically 0.5m.

 

The proposal includes substantial redevelopment of the dwelling with the ground floor having flood protection only for the 2 year flood.  The floor level proposed by the applicant will result in the dwelling experiencing flooding, flood damages and hazards to occupants fifty times more often that is considered acceptable for residential development.

 

In order to achieve a 100year flood protection, the ground floor level needs to be raised by 0.7m.  It is possible for a two story dwelling on this site to have a 100year flood protection and the overall external building height complying with the maximum of 9.5 in the LEP.

 

In addition, the proposed car parking space is below the level of the 2 year flood and therefore does not comply with appropriate flood protection standards for parking spaces.

 

It is recommended that the proposal not be approved in its current design as it does not comply with appropriate standards for flood protection. 

 

In order to comply with appropriate standards of safety and flood protection, the proposal needs to satisfy the following:

 

●    Any redevelopment of the site for a new dwelling is to have a habitable floor level at the lowest point no less than the 100 year ARI flood level, plus 0.5mm free board, 6.3m + 0.5m = 6.8m AHD

●    Open car parking spaces are to be at no less than the 20 year ARI flood level, 5.9m AHD.    

●    All structures are to capable to withstand the forces of floodwaters, including impact of debris and buoyancy, for floods up to the Probable Maximum Flood.

●    The proposal is to ensure that there is no net loss of floodplain storage volume below the 100 year ARI.

●    All structures are to be constructed from flood compatible building components below the 100 year ARI plus half a metre freeboard, 6.3m + 0.5m = 6.8m AHD.

●    There is to be no storage of materials that are sensitive to flood damage below the 100 year ARI plus half a metre freeboard, 6.3m + 0.5m = 6.8m AHD.

 

6.    Relevant Environmental Planning Instruments

 

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

 

 

Randwick Local Environmental Plan 1998

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

 

Clause 20E Landscaped area

Development other than for the purpose of a dwelling house within a 2C zone must provide a minimum of 50% of the total site area as landscaped area. The area of the existing landscaping represents 56% of the site area and is not proposed to be reduced or altered as part of this proposal. 

 

Clause 20F Floor Space Ratios

The maximum floor space ratio for buildings other than buildings erected for the purpose of a dwelling house within 2C zones is 0.65:1, where the site area is less than 700m. This proposal has a total floor space ratio of 0.62:1 which complies with the control.

 

Clause 20G Building Heights

The maximum height for a building other than a dwelling house within a 2C zone is 12m from any point on ground level with a maximum external wall height of 10m. The proposal will result in the overall height being 7.6m with an external wall height of 6.1m. 

 

7.    Policy Controls

 

7.1      Development Control Plan – Multi Unit Housing Development

Height

The overall building and external wall heights comply with the relevant LEP controls and will not result in any unreasonable impacts on either the existing streetscape or adjoining properties.

 

Building Setbacks

The proposal does not alter the existing front setback of the building and is sited up to 12.6m from the rear boundary which readily satisfies the preferred solution of the DCP of 8m from the rear boundary.

 

In relation to the side boundary setbacks the proposal maintains the existing side boundary setbacks of up to the western side boundary and 1005mm from the eastern side boundary. Whilst these setbacks do not comply with the preferred solutions of the DCP they do maintain the character of the existing and adjoining semi detached dwelling by continuing the party wall between the two dwellings to provide fire separation between the dwellings and will not in itself result in any unreasonable impact to the amenity of the adjoining dwelling. Similarly the upper level setback of the new portion of the building will also be in keeping with the established side boundary setback of this group of dwellings and will not restrict access to sunlight and fresh air to the adjoining dwelling.

 

Density

The proposed alterations and additions will result in a total floor space ratio of 0.62:1 to the building which satisfies the LEP control maximum of 0.65:1.

 

Landscaped area

The proposal provides for a total site area of 56% being landscaped which satisfies the minimum of 50% in the LEP control and of this a third is soft landscaping in a form which will allow for stormwater infiltration and outdoor recreation for the occupants.

 


Privacy

The new windows within the upper level are all to new bedrooms and a bathroom which are considered low use rooms and will not cause any significant loss of privacy to the adjoining properties. There are no upper level balconies proposed.

 

Solar access and energy efficiency

The proposed upper level will result in additional overshadowing to the adjoining properties, however the minimum solar access of at least 3 hours per day to the living areas and to at least half of the landscaped areas is maintained.

 

Parking

At present there is no off street parking provided on site and the proposal includes a new off street hard stand parking area to the front of the dwelling with dimensions of 2.5m x 5.15/5.81m which complies with the minimum dimensions of the relevant Parking DCP.

 

Fencing

The proposed fencing to the side and rear boundary is consistent with the height of the existing side fencing to the adjoining properties and will maintain a reasonable degree of privacy and security from the open reserve at the rear of the property.

 

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.

 

Overall the proposed development will not result in any unreasonable impacts upon the amenity of the adjoining properties or the established character of the locality.

 

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

 

Given the findings of the Draft Maroubra Bay Flood Study, the established flood levels in relation to this proposal and the severity of the potential flooding and site isolation issues it is recommended that the application to carry out alterations and additions to the dwelling be refused.

 

 

Recommendation

 

That Council, as the consent authority, refuse development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 1118/2010 for alterations and additions to the dwelling, including the installation of a car space at 11A Chapman Avenue, Maroubra for the following reasons;

 

1.     The proposal does not comply with an appropriate flood planning level for the 1 in 100 year Average Recurrence Interval.

 

2.     The proposal will result in the existing dwelling experiencing flooding, flood damage and hazards that are not acceptable for residential development.

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                14 June 2011

 

 

Development Application Report No. D57/11

 

 

Subject:                  32 Hayward Street, Kingsford

Folder No:                   DA/140/2011

Author:                   Louis Coorey, Environmental Planning Officer     

 

Proposal:                     Application to legitimise an existing secondary dwelling (granny flat) at the rear of the site

Ward:                      West Ward

Applicant:                Mr S Gunawan

Owner:                         Mr S Gunawan and Ms I Natahadi

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.    Executive Summary

 

The application seeks consent to use an existing 72sqm outbuilding in the rear yard as a Secondary Dwelling (granny flat). It is noted that this outbuilding has been expanded and fitted out as a dwelling without Council consent and was only previously approved as a small storeroom, toilet and roofed entertainment area covering a same area. Councils Regulatory Building Section are aware of this matter and have served a notice of intention to serve an order.

 

Consequently, this application assesses the suitability of the site for the intended combined use for detached primary and secondary dwellings, having regard to the amenity of the occupants and the potential for amenity impacts on the surrounding area.

 

In terms of assessment, it is important to note that Councils RLEP does not contain any provisions for multiple detached dwellings on 2A zoned land. However, the application is permissible under Division 2 of the State Environmental Planning Policy (SEPP) for Affordable Rental Housing 2009. The SEPP allows for detached granny flats limited to a maximum floor area of 60sqm. The proposed 72sqm granny flat therefore exceeds this standard by 20% and the application (accompanied by a SEPP 1 objection to the maximum standard) is referred to Council for determination.

 

The applicant’s main arguments in support of the application are:

·           The proposed granny flat remains secondary to the main dwelling and continues to satisfy the intent of the SEPP Affordable housing 2009;

·           It covers a similar area of land in the rear yard previously approved as a store room, toilet and awning over an entertainment area;

·           It complies with the performance requirements and objectives under the DCP for Dwelling Houses and Attached Dual Occupancies

·           The proposed use of the site for a primary and secondary dwelling will not result in any significant adverse amenity impacts on surrounding sites having regard to the Dwelling Houses and Attached Dual Occupancies DCP.

 

Overall, it is considered that the proposed use of the rear outbuilding for use as a granny flat satisfies the relevant assessment criteria and will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

2.    The Proposal

 

The proposed development is seeking to legitimise an existing secondary dwelling (granny flat) at the rear of the site.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the western side of Hayward Street between Anderson Street and Apsley Avenue in Kingsford and is presently occupied by a two storey dwelling.  The site has a frontage width of 8.68m, a side boundary depth of 57.51m and has an overall site area of 499.5m².  Neighbouring the property to the north is a two storey dwelling which also has a rear outbuilding although it is smaller than that on the subject site. To the southern side boundary the property adjoins the rear boundary of several properties fronting Apsley Avenue of which contain outbuildings generally opposite the outbuilding on the subject site (see photos below). To the rear the subject site adjoins the side boundary of no 2A Apsley Avenue’s rear yard area. The surrounding area is residential in character and consists predominantly of one and two storey dwellings with some multi unit buildings. Figure 1 is an aerial view of the subject site and surrounding area.

 

 

Front of subject site

 

Southern side boundary adjoining the rear of no 4 Apsley Avenue shows there is no outlook from the granny flats patio into the neighbours rear yard area:

 

View along the northern side boundary shows  a side boundary fence sufficiently restricts outlook into the northern side neighbors rear yard area:

4.    Site History

 

Approval granted under DA/779/2006, to erection a storage building, toilet and entertainment area with awning over to rear of existing dwelling and new front fence. Below are snapshots of the approved development. The proposed development varies from the approved development in so far as the entertainment area with awning above has generally been enclosed and fitted out to accommodate a granny flat.

 

 

 

5.    Community Consultation

 

The subject application was notified by letter to adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plan. No submissions were received however potential impacts resulting from the proposed use as a granny flat were the subject of two phone discussions with a nearby neighbour.

 

 

6.    Technical Officers Comments

 

The application was referred to the Building regulatory section for comment and three non standard conditions were provided to be included in the recommendation.

 

7.    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.

-      Randwick Local Environmental Plan 1998.

-      Building Code of Australia.

-      State Environmental Planning Policy - Affordable Rental Housing 2009

-      State Environmental Planning Policy No 1 – Objection to a Development Standard

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

-      Development Control Plan– Dwelling Houses and Attached Dual Occupancies DCP

 

(a)    State Environmental Planning Policy (SEPP) - Affordable Rental Housing 2009

The SEPP was introduced on 31 July 2009 to increase the supply and diversity of affordable rental and social housing in NSW. The SEPP was amended on 20 May 2011 to require new in-fill development; low rise development; boarding houses, and Housing NSW proposals to be subject to a local character test to ensure that developments are consistent with the design of the local area and the affordable housing component being provided as a percentage of the total floor space. The amendment does not change provisions for other types of accommodation such as granny flats, group homes and supportive accommodation.

 

This application has been submitted seeking consent under Division 2 of the SEPP: Affordable housing 2009 for Secondary dwellings and its provisions will not be affected by the abovementioned review. Under Division 2 the following clauses are relevant:

 

Clause 19 Definition

The proposed development falls within the scope of the definition of a secondary dwelling in that it entails development for the purposes of a secondary dwelling by use of a self-contained single storey structure which is not an individual lot in a strata plan or community title scheme.

 

Clause 20 Land to which this division applies

This subject site is located on 2A zoned land which is equivalent to Zone R2 Low Density Residential identified under the SEPP Affordable Rental Housing 2009 and the development for the purposes of a granny flat is permissible on the land.

 

Clause 21 Development to which Division applies

The proposed development for a secondary dwelling may be carried out with consent under this SEPP subject to Clause 22 below.

 

Clause 22   Development may be carried out with consent

Under Subclause 3(a) & (b) the following criteria apply:

 

(a)     the total floor area of the principal dwelling and the secondary dwelling must be no more than the maximum floor area allowed for a dwelling house on the land under another environmental planning instrument, and

 

(b)     the total floor area of the secondary dwelling is no more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.

 

Comment: The proposed development does not comply with the above-mentioned criteria in that the proposed secondary dwelling measures 72sqm (comprising the main living area, bedrooms and laundry), and there are no maximum floor area provisions/standards for detached dwellings in 2A zoned blocks detailed in the RLEP 1998 (Consolidation). The variation is subject to a SEPP 1 objection which has been submitted by the application and assessed below and given there is a 20% variation to the standard the application has been referred to Council for determination as required by the Department of Planning and Infrastructure.

 

Notwithstanding the above, whilst the total floor area is over the maximum allowed, it is considered acceptable on the basis that the outbuilding fits well within the site where it overlooks the roof of an outbuilding on the adjoining site to the south and the existing side boundary fence along the northern side boundary provides reasonable privacy protection of the immediately adjoining northern neighbours property.

 

Overall, it is considered that the proposed development will not result in any significant adverse amenity impact on the adjoining properties and is acceptable having regard to Clause 22.

 

Further discussion of the relevant environmental issues has been discussed in the body of this report.

 

Clause 23   Complying development

The proposed development is not complying development as defined under the SEPP and therefore requires a Development Application.

 

Clause 24   No subdivision

The proposed development does not result in any subdivision of the lot on which development for the purposes of the secondary dwelling has been carried out under this Division.

 

(b)    State Environmental Planning Policy No 1 – Objection to a Development Standard

The proposal seeks to vary the 60sqm maximum floor area standard for secondary dwellings under Clause 22 of the SEPP – Affordable Rental Housing 2009. A SEPP 1 Objection has been submitted to Council.

 

Floor area of Secondary Dwellings

Pursuant to Clause 22 of the SEPP, the maximum floor space (FS) for the purpose of a Secondary dwelling, is 60sqm. The existing outbuilding has an FS of 72sqm. The additional floor area equates to 12sqm which results in a 20% variation from the maximum standard. There is no variation to the FS currently on site but rather a 56sqm variation from the originally approved development for a storage area and WC in this area of the site. It is further noted that the existing outbuilding follows the roof coverage of the original approved above-mentioned storage and WC and surrounding entertainment area.

 

 

 

 

 

 

The proposed variation is summarised in the table below:

 

Floor space (FS)

Permissible FS

60sqm

Existing Development

72sqm

Proposed Development

72sqm

Non-compliance with maximum FS

12sqm

Variation from existing FSR

0.2 (20% variation)

 

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

 

Matter 1

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

 

Comments:

The stated aims as outlined in the SEPP are as follows:

 

(a)    to provide a consistent planning regime for the provision of affordable rental housing,

(b)    to facilitate the effective delivery of new affordable rental housing by providing incentives by way of expanded zoning permissibility, floor space ratio bonuses and non-discretionary development standards,

(c)    to facilitate the retention and mitigate the loss of existing affordable rental housing,

(d)    to employ a balanced approach between obligations for retaining and mitigating the loss of existing affordable rental housing, and incentives for the development of new affordable rental housing,

(e)    to facilitate an expanded role for not-for-profit-providers of affordable rental housing,

(f)    to support local business centres by providing affordable rental housing for workers close to places of work,

(g)    to facilitate the development of housing for the homeless and other disadvantaged people who may require support services, including group homes and supportive accommodation.”

 

Whilst there are no specified purposes for Clause 22(3), a Secondary dwelling as defined under the SEPP provides that these types of developments are largely aimed at providing accommodation of inter-family arrangements or local workers on low to moderate incomes where the secondary dwelling remains subservient to the primary dwelling, secondary dwellings are likely to be able to be accommodated on a site with a minimum 450sqm site area, that parking need not be provided for the secondary dwelling and the Consent Authority to undertake an environmental assessment having regard to the suitability of the site to occupy a Primary and Secondary dwelling within relevant building design guidelines and the specific local conditions. In this respect see assessment under the Section 7.1(a) DCP for Dwelling Houses and Attached Dual Occupancies.

 

The applicant has submitted a SEPP 1 Objection, outlines the following considered purposes of Clause 22 limiting the maximum area to 60sqm and justifications for the variation to the standard:

Comments relating to FS:

 

Considered purpose:

The Affordable Housing SEPP does not provide objectives specifically relating to clause 22(3)(b). A similar control, limiting the floor space of secondary dwellings, is included in environmental planning instruments of a number of local council’s within the Sydney metropolitan area. Generally, the control seeks to ensure secondary dwellings remain subservient to primary dwellings. They also seek to achieve satisfactory amenity for existing development as well as the secondary dwelling and surrounding premises. Such objectives have been adopted for the purposes of this case.

 

In comparison to the existing dwelling at the subject site, being 2 storeys with 264m² of gross floor area, the secondary dwelling, being only 2 bedrooms, single storey and 72m² in area, remains subservient. The secondary dwelling in question does not overshadow the primary dwelling at the subject site, nor the living rooms of adjoining properties. Its height is generally consistent with typical boundary fencing and in this case, overshadowing impacts to the private open space of adjoining properties are within normal expectations. Its single storey nature avoids unreasonable overlooking of adjoining properties.

 

The 14 metre separation between the secondary dwelling and the primary dwelling ensures, visual and aural privacy impacts between the two, are consistent with normal expectations on sites with such development. Such separation allows for ideal ventilation and site maintenance generally. In this case, the secondary dwelling would satisfy the development standard’s likely objectives, despite noncompliance. This aside, the existing combined gross floor area (GFA) at the subject site (dwelling + secondary dwelling), is less than the maximum GFA contemplated by the Dwelling Houses and Dual Occupancies Development Control Plan (DCP) and the Affordable Housing SEPP combined. Accordingly, the site would meet the DCPs objectives in relation to development scale. The following table demonstrates this outcome:

 

 

GFA offered by DCP (based on FSR of 0.567:1)

283.2

GFA offered by Affordable Housing SEPP

60

Total allowable GFA

343.2

Existing GFA (Dwelling + Granny Flat)

326

 

This development standard objection relates to a DA proposing to legitimise an existing secondary dwelling at 32 Hayward Street, Kingsford. The secondary dwelling provides a floor area of 72m², while clause 22(3)(b) of the Affordable Housing SEPP prescribes a maximum floor area of 60m². The objection is well founded on the basis the development standard’s likely objectives are satisfied despite the non compliance.

 

It has also been demonstrated that, in the circumstances of the case, strict compliance with clause 22(3)(b) of the Affordable housing SEPP is unreasonable or unnecessary, and would hinder achieving the objectives of the EP & A Act. In particular, compliance is unreasonable given:

 

The resultant amenity for the subject site and those adjoining is within normal expectations.

 

The subject secondary dwelling has been constructed with no loss of amenity to surrounding properties.

 

The existing gross floor area is less than the maximum floor area offered by the Dwelling Houses DCP and the Affordable Housing SEPP combined.

 

Accordingly, the objection warrants the support of Council.

 

Comment:

The outbuilding although constructed without Council consent is not considered unreasonable development on the basis of the following:

·           The overall bulk and scale of the developments on site inclusive of the primary and secondary dwelling whilst over the preferred maximum FSR solutions under the DCP for Dwelling Houses will not be inconsistent with the bulk and scale of other developments in the vicinity of the subject site namely those at no 5 to 13 Hayward Street, and no’s 4 and 6 Apsley Avenue.

 

·           The use of the outbuilding and the non complying floor area will not result in any significant privacy impacts on the nearby properties private open space or their habitable living areas

 

·           There are sufficient levels of landscaping provided throughout the site both in terms of total open space and areas capable of being used for private open space for both the Primary and Secondary Dwelling;

 

·           The outbuilding is sited in the rear of the site adjacent to outbuildings on adjoining sites to the south and screened from the northern side boundary by a substantial side boundary fence,

 

·           The orderly use of the outbuilding for residential purposes will not result in any unreasonable adverse impacts on the amenity of nearby residences;

 

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

 

Matter 2

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

 

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

 

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

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

 

Applicant:

The development does not involve any construction. In this case, it will not compromise natural and/or artificial resources. The application seeks to provide affordable housing consistent with the scale and character of existing development in the subject locality. In this case, the proposal promotes social and economic welfare, as well as the orderly and economic use of land, as required by the objects of the Act.

 

Comment:

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

The proposal is also consistent with the relevant objectives of Residential 2A Zone in that it will provide for a mix of housing which is affordable will not result in any significant adverse impact upon the amenity of the adjoining and nearby properties.

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 use of the outbuilding in the rear yard and variation from the development standard does not raise any matters of significance for State or regional environmental planning in that it is considered that the strict adherence to the numerical standard will not allow the best use of the site having regard to the public benefit obtained by encouraging affordable housing where a structure on site is considered to be capable of accommodating this type of development and where the reduction in the floor area would not result in any appreciable benefit to the surrounding area or the functioning of the existing site housing both the primary and secondary dwelling.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

First

 

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

 

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

Comments:

As discussed above, strict compliance with the development standard in question is unreasonable and unnecessary as the development does not affect or compromise the underlying purpose of the standard.

Second

 

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

Comments:

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

Third

 

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

 

Comments:

The underlying objective of the standard would not be defeated or thwarted as full numerical compliance in this particular instance is unreasonable. The proposed FS will not result in detrimental streetscape or amenity impacts on the locality. The built form and scale will compatible with the surrounding residential premises representing a suitable use of a portion of the subject site.

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 FS standard has not been abandoned or discarded by any decision or actions of Council.

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

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.

 

The zoning of the site is reasonable.

 

(c)    State Environmental Planning Policy - (Building Sustainability Index: BASIX) 2004

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

 

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

 

(b)    Randwick Local Environmental Plan 1998

The site is zoned 2A under Randwick Local Environmental Plan 1998 (Consolidation). The following Clauses of the LEP 1998 apply to the proposal:-

 

2A zone

The proposed development for two detached dwellings is not permitted in 2A zones under the RLEP and the application is submitted under the SEPP – Affordable Housing 2009. Notwithstanding its impermissibility under the Local EPI, it is considered that the proposed development will not detract from or contravene the zones intended objectives to encourage a mix of housing and provision of affordable housing within the locality.

 

7.1 Policy Controls

a.    Development Control Plan (DCP) - Dwelling Houses and Attached Dual Occupancies

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

 

Clause

Standard

Check

y/n

 

Landscaping

40 % of site provided as landscaped area

55 %

yes

 

 

25m² of private open space provided.

100 m2 +

Yes

 

 

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

Approximately 2.5m x 7.5m, Does not comply. However it is considered that the area allocated for private open space to the granny flat provides a reasonable area to enjoy an open area commensurate with the internal FS of the granny flat.

The site also provides over 100sqm of the rear yard located in between the rear of the primary dwelling and the granny flat for the primary dwelling.

 

Open space behind the building line.

Complies

 

20% of the site area is permeable.

18 %, Does not comply. However the level of permeable landscaping provided to the site has not changed as the works carried out without council consent have generally reduced the level of hard landscaping throughout the site rather than any soft permeable landscaping. Further, it is considered that the level of soft permeable landscaping provided on site is acceptable having regard its siting within the site and the level of non compliance is considered quite minor.

 

Floor area

(Site area 499 m2) maximum FSR 0.567:1 

0.65:1, Does not comply with the maximum floor space ratio for dwellings.

The non compliance amounts to approximately 43sqm. However the non compliance is considered acceptable on the basis that the outbuilding is not dissimilar to the overall site coverage of the approved development having regard to the storage, WC and roof over the entertainment area, properties in the general locality generally contain outbuildings and there are several examples of similarly sized outbuildings, and more importantly the outbuilding is limited to a single level structure which is adjacent to other outbuildings on the southern side boundary and set slightly below the land level of the northern side boundary where it does not protrude significantly beyond the height of the existing side boundary fence.

Considered acceptable having regard to the performance requirements and objectives under the DCP for bulk and scale.

 

Height, Form & Materials

External wall height maximum 7m

3.65 m

Yes

 

 

External wall height to the rear maximum 3.5m.

3.65m at the northern end and 2.5m at the southern end. The outbuilding extends beyond the preferred maximum height at the northern side elevation. However this non compliance is considered acceptable on the basis that it does not result in any appreciable adverse impacts on the neighbouring properties and will not protrude significantly beyond the height of the existing side boundary fencing along the corresponding northern side boundary shared between the subject site and the northern neighbours rear yard at no 30 Hayward Avenue.

 

 

Cut or fill maximum 1m.

<1m

Yes

 

No excavation within 900 mm of a side boundary.

986mm

Yes

 

No excavation within 4m of a rear boundary.

9.2m

Yes

 

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

n/a

n/a

 

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

n/a

n/a

 

Building setbacks

Front setback average of adjoining dwellings or 6m

No change

n/a

 

 

Rear boundary setback at least 4.5m

<4.5m

No, however this is considered acceptable on the basis that it is no dissimilar to the location of other outbuildings within the locality and the siting of the outbuilding within the preferred rear setback solution will not result in any significant adverse amenity impacts on the neighbouring properties private open space or habitable living room areas.

 

 

Side setbacks be 900mm at ground level.

The main outbuilding structure is sited more than 900mm from the side boundaries at ground level however its patio is sited to the southern side boundary. Whilst there is currently a screen along the southern side this screen is located atop an existing side brick fence and encroaches onto the neighbouring site. Subject to this screen being removed the development shall be subject to a condition requiring a suitable privacy screen to be placed along the full length of the patios southern side to ensure reasonable privacy protection.

Yes

 

Side setbacks be 1.5m at second floor level.

n/a

n/a

 

Side setbacks be 3.0m at third floor level.

n/a

n/a

 

Visual & Acoustic Privacy

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

Complies. No direct view into neighbours living room windows within 9m.

 

 

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

Overlooking possible from front patio towards openings within outbuilding located at no 4 Apsley Avenue. A condition is included requiring a screen to be sited along the southern end of the patio in order to ensure no immediately direct view and to provide sufficient levels of privacy protection.

 

 

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

See comments above.

 

Garages & Driveways

 

 

Garages & Driveways

(continued)

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

No see comments under Section 7.1 b – DCP Parking

 

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

n/a

 

 

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

Slightly reduced

Yes

 

 

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

No change

 

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

No impact to solar collectors

 

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

No impact to north facing living room windows

 

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

Slightly reduced

Yes

 

b.      Development Control Plan - Parking

The proposed development for a secondary dwelling requires one additional car space. No additional car spaces are provided as part of the application and therefore the proposal does not comply with the parking DCP.  Currently there is an existing car space on the site serving the primary dwelling and this is not changing.

 

Although the potential for an increase in parking demand along the street network exists, there are no major objections regarding the non compliance with the parking DCP on the basis of the following:

 

•      The SEPP for Affordable housing states that a refusal cannot be issued on the basis of non compliance with parking and

•      The surrounding street network is considered to be able to absorb the demand for one additional on street car space.

 

7.2 Council Policies

Section 94 contributions plan

This application is subject to a $624.25 levy under Council’s s94A Development Contributions Plan.

 

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

The proposal is not inconsistent with the SEPP Affordable Rental Housing 2009 which is currently under review.

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

Refer to the “DCP” section of this report.

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

Not applicable.

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

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.

 

Clause 92 of the Regulation requires the consent authority to consider relevant Australian Standards relating to demolition of structures. Accordingly, a specific condition is recommended for imposition 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. Accordingly, 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, which are otherwise not addressed in this report, are discussed in the paragraphs below.

 

The proposed development (as conditioned) is generally consistent with the residential character in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality.

 

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

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

 

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

No submissions have been received.

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

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Excellence in urban design and development.

Direction:  Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Although the proposed development exceeds the maximum standard for floor area of a secondary dwelling under the SEPP as well as the preferred maximum FSR under the DCP for Dwelling Houses and Attached Dual Occupancies, it is nonetheless considered that the bulk and scale of the secondary dwelling and associated use will not give rise to any significant environmental impacts on adjoining properties nor will it adversely impact on the visual amenity and character of the street. Further, it is also considered that services and amenity of the subject site will continue to be provided for each dwelling.

 

Consequently, it is considered that the proposed development satisfies the intent of the Affordable housing SEPP and the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies & the SEPP for Affordable Housing 2009.

 

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 22b(3) of the State Environmental Planning Policy – Affordable Rental Housing 2009, on the grounds that the proposed development complies with the objectives and underlying intent of the above clause, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/140/2011 to legitimise the use of the rear outbuilding for the purposes of a secondary dwelling at No. 32 Hayward Street, Kingsford subject to the following conditions:

 

Approved Plans & Supporting Documentation

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

110101-AB01

H&D Studio Design

12/01/11

4 March 2011

110101-AB02

H&D Studio Design

12/01/11

4 March 2011

 

BASIX Certificate No.

Dated

Received

A103910

20 January 2011

4 March 2011

 

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.       A privacy screen must be installed on the northern and southern elevations of the patio. The screen must be at least 1.5 metres high. Design details must be shown on the Construction Certificate plans.

 

3.       There must be no encroachment of the structure/s onto Council’s road reserve, footway or public place, unless written permission has been obtained from the Council beforehand.

 

4.       The finished ground levels external to the building are to be consistent with the development consent and are not to be raised (other than for the provision of approved paving or the like on the ground) without the written consent of Council.

 

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

 

 

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

6.       The requirements and amendments detailed in the ‘General Conditions’ must be complied with and be included in the construction certificate plans and associated documentation.

 

Section 94 Contributions

7.       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

$100,001 - $200,000

$ 124,850

0.5%

$624.25

 

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

 

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.

 

BASIX Requirements

8.       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.

 

Compliance with the Building Code of Australia

9.       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.

 

Stormwater Drainage

10.     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.

 

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.

 

The smoke alarms are to be installed in suitable locations on or near the ceiling, in any storey containing bedrooms; located between each part of the dwelling containing the bedrooms and the remainder of the dwelling, or where bedrooms are served by a hallway, the smoke alarms are to be located in that hallway; and smoke alarms are to be installed in any other storey not containing bedrooms, to the satisfaction of the certifying authority.

 

Smoke alarms are not to be located in ‘dead-air-spaces’, in the corner junction of walls and ceilings between exposed rafters/joists or at the apex of raked ceilings, as detailed in Part 3.7.2 of the Building Code of Australia – Housing Provisions.

 

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

 

12.     Certificates required for all works detailed under “condition of approval” of the BCA Performance Report dated 10 February 2011 and stamped received by Council  10 February 2011.

 

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

13.     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.

 

Home Building Act 1989

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, 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

15.     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, to the satisfaction of the Council.  A copy of the strategy must be provided to the Principal Certifying Authority and Council prior to the commencement of works.

 

Construction Site Management

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

 

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.

 

Demolition & Construction Waste

18.     A Demolition and Construction Waste Management Plan (WMP) must be development and implemented for the development, to the satisfaction of Council.

 

The Waste Management Plan must provide details of the type and quantities of demolition and construction waste materials, proposed re-use and recycling of materials, methods of disposal and details of recycling outlets and land fill sites.

 

Where practicable waste materials must be re-used or recycled, rather than disposed and further details of Council's requirements including relevant guidelines and pro-forma WMP forms can be obtained from Council's Customer Service Centre or by telephoning Council on 9399 0999.

 

Details and receipts verifying the recycling and disposal of materials must be kept on site at all times and presented to Council officers upon request.

 

Sydney Water

19.     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

20.     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

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

22.     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.

 

Inspections During Construction

23.     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).

 

Site Signage

24.     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”.

 

Restriction on Working Hours

25.     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.

 

Sediment & Erosion Control

26.     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 must be shown in a Sediment and Erosion Control Plan, including; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment, methods of sediment control, details of drainage systems and details of existing and proposed vegetation.

 

A copy of the Sediment and Erosion Control Plan must be provided to the Principal Certifying Authority and a copy must be maintained on site and be made available to Council officers upon request.

 

Public Safety & Site Management

27.     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.

 

Support of Adjoining Land

28.     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.

Building Encroachments

29.     There must be no encroachment of any structures or building work onto Council’s road reserve, footway, nature strip or public place.

 

Finished Ground Levels

30.     The finished ground levels external to the building must be consistent with the development consent and are not to be raised, other than for the provision of approved paving or the like on the ground.

 

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.

 

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

34.     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.

 

Use of premises

35.     The premises is to be used as a single residential dwelling only at all times and must not be used for dual or multi-occupancy purposes.

 

Waste Management

36.     Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council.

 

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.

 

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                14 June 2011

 

 

Development Application Report No. D58/11

 

 

Subject:                  8 Boomerang Street, Maroubra

Folder No:                   DA/35/2011

Author:                   Adrian McKeown, Environmental Planning Assessment Officer     

 

Proposal:                     Alterations and additions to the existing semi-detached dwelling including new first floor additions and a new front car port

Ward:                      Central Ward

Applicant:                Mustafa Yilmaz

Owner:                         Mustafa Yilmaz

Summary

Recommendation:     Approval

 

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

As semi-detached dwellings are now classified as an attached dual occupancy and not a dwelling house the development standards contained in the RLEP 1998 (Consolidation) apply. The application is referred to Council for determination as the proposed development exceeds the floor space standard under Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation) by more than 10%. It is noted that the proposal also exceeds the wall height development standard by 7.1%. The applicant submitted SEPP1 Objections to Council on 24 January 2011 and on 24 May 2011.

 

The proposal is for alterations and additions to the existing semi-detached dwelling including a new first floor addition and a new front car port. 

 

The applicant provided amended plans on 23 March 2011. The amended plans show a wider carport (2.4m rather than 2.1m) and a box gutter to the front roofline, between the semi-detached dwellings on the subject site and the adjoining at 6 Boomerang Street.

 

The amended plans (with specific reference to the proposed box gutter), were notified for a period of 14 days to the owner of the adjoining semi-detached dwelling (6 Boomerang Street) only.  It was not considered necessary to notify the owners of the adjoining properties to the east of the site (10 and 10S Boomerang Street) as the proposed widening of the carport was considered to be a minor change with no additional impacts on the amenity of adjoining properties.

 

As a result of the initial notification of the application, two submissions were received by Council. As a result of the re-notification of amended plans, one further submission was received by Council.  The main issues raised were the impacts that the proposed works may have on the structural integrity of the existing semi-detached dwellings, the estimated cost of works, privacy impact and view loss.

 

The application is recommended for approval.

 

2.    The Proposal

 

The proposal is for alterations and additions to the existing semi-detached dwelling including a new first floor addition and a new front car port.  An existing ground floor bedroom is proposed to be removed and two new bedrooms and a rumpus room are proposed for the first floor addition. A first floor south-facing balcony is proposed which will overlook Boomerang Street.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the northern side of Boomerang Street, has a frontage of 6.7m, a depth of 43.8m and a site area of 293.5 square metres. The site falls towards Boomerang Street from the rear.

 

A single storey semi-detached dwelling exists to the site with a hardstand carspace to the eastern property boundary. The locality is varied in nature, consisting of single and two storey detached dwellings, some semi-detached dwellings, an electrical substation and some multi-unit dwellings to the north and east of the subject site.

 

Figure 1:  Aerial view of the subject site.

 

  

Figure 2:  Existing semi-detached dwelling on the subject site (right of picture).

 

4.    Site History

 

Pathways application history

Application

Description

DA/889/2004

Withdrawn for alterations and a new first floor addition to the existing semi detached dwelling including new terrace decks, a semi basement storage area and a new garage.

DA/891/2000

Approved to demolish the existing semi-detached dwelling and erect a new two level semi-detached dwelling with a garage under.

BA/83/1968

Approved for a carport.

 

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

 

5.1    SEPP No. 1 Objection to Development Standard – Floor Space Ratio

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

 

Pursuant to Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation), the maximum floor space ratio for development, other than for the purpose of a dwelling house on land zoned 2A Residential is 0.5:1. The proposed variation is summarized in the table below:

 

 

Floor Space Ratio

LEP development standard

0.5:1

Proposal

0.57:1 - gross floor area of 165.8m2

Excess above the LEP standard

21.4m2 above the development standard which equates to a proposed 14.6% excess.

 

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

 

Matter 1

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

 

·      Comments:

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

 

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

 

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

 

-        The proposed gross floor area would have complied with an assessment of the proposal, prior to the receipt of recent legal advice; that is, if it was to be assessed against the performance requirements of the Dwelling Houses and Attached Dual Occupancies DPC rather than to the Development Standards of the RLEP 1998 (Consolidation);

 

-        The proposal is consistent with the objectives of both the Environmental Planning and Assessment Act 1979 (as amended) and the State Environmental Planning Policy No 1 — Development Standards. The proposed addition is a reasonable development for the site as it allows for a modern residential living opportunity on a small lot, which is an orderly and economic use of the land;

 

-        Whilst the proposal exceeds the relevant development standard as required by the RLEP 1998 (Consolidation), it is in keeping with existing development in the area;

-        The proposal is consistent with the zonal objectives of the RLEP 1998 (Consolidation) in that it will maintain the character of the locality through appropriate design and materials and colour selection;

 

-        The proposal is consistent with other recently constructed developments in the locality;

 

-        The proposal will not adversely affect the amenity or general character of the locality;

 

-        The proposed gross floor area represents a dwelling which is not excessively large by modern standards. Further, compliance with the development standard would result in a dwelling which would be unviable on the site;

 

-        The proposed dwelling includes appropriate setbacks, building height and is oriented to ensure  a high level of solar access remains available to adjoining dwellings; and

 

-        The articulated front façade will ensure that the visual bulk and scale of the dwelling will not be excessive as viewed from the streetscape or from adjoining properties. The front façade is stepped back at first floor level  and provides a balcony to enhance the streetscape character of Boomerang Street.

 

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

-        The existing development on the site is proposed to be increased such that the floor space ratio standard would be exceeded by a marginal amount (21.4m2);

 

-        The development standard is intended to maintain the existing low density of the locality and it is considered that the proposed works are consistent with this objective. The proposed first floor addition is consistent with residential development to the area and ancillary to the existing dual occupancy dwellings to the site (see Figures 5 and 6 below);

 

-        As will be discussed in the following sections, the proposal does not result in any unreasonable adverse impacts on the adjoining residential properties in terms of perceived bulk and scale, maximum external wall height or privacy;

 

-        The existing semi-detached dwellings are not symmetrical and the proposed first floor addition is consistent with similar residential development in the locality. Further, there is capacity for the adjoining semi-detached dwelling at 6 Boomerang Street to construct a similar first floor addition in the future; and

 

-        As will be discussed in the following sections, the proposal does not result in any unreasonable adverse impacts on the streetscape or adjoining residential properties in terms of perceived bulk and scale, maximum external wall height or privacy;

 

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

 

Matter 2

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

 

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

 

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

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

 

·      Comments:

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

 

The proposal is also consistent with the relevant objectives of the Residential 2A Zone in that it will allow development which is in keeping with the present use of the site as an 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”.

 

·      Comment:

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the proposed first floor addition will achieve the objectives of the development standard.

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

The floor space ratio 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 A zoning is not considered to be inappropriate for the locality.

 

 

 

5.2    SEPP No. 1 Objection to Development Standard – Building Height

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

 

Pursuant to Clause 20G  (Building Heights) of the Randwick Local Environmental Plan 1998, The maximum height for a building, other than a dwelling house, within Zone No 2A or 2B is 9.5 metres measured vertically from any point on ground level. Further, the maximum height for any external wall of a building, other than a dwelling house, within Zone No 2A or 2B is 7 metres measured vertically from any point on ground level. The proposed maximum building height is 8.9m and complies with the clause. The proposed maximum wall height is 7.5m however, and the applicant submitted a SEPP 1 Objection on 24 May 2011.

 

The proposed variation is summarized in the table below:

 

 

Building Height

LEP development standard

Maximum height for any external wall of a building, other than a dwelling house, within Zone No 2A or 2B is 7 metres

Proposal

7.5 metres

Excess above the LEP standard

0.5 metres or 7.1%

 

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

 

Matter 1

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

 

·      Comments:

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

 

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

 

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

 

·      The addition is a reasonable development for the site as the proposed development allows for a modern residential living opportunity on a small lot, which is an orderly and economic use of the land. The extent of building height provided, although greater than what the development standard seeks, is not inconsistent to development currently existing within the area. The height, bulk and scale of the proposal will not present as a visual anomaly and will be compatible with the scale of adjoining and nearby development;

 

·      The proposed development can satisfy the objectives of the zone as the addition will maintain the character of the area through appropriate design and colour / material selection;

 

·      The proposal is consistent with other recently constructed developments (urban renewal) within the area, therefore is deemed suitable to the streetscape as a two storey building;

 

·      The proposal is consistent with the objectives of the zone as it will compliment the streetscape setting. The lower scale residential character of the locality will not be detracted from by the proposed modest first floor addition;

 

·      The amenity and general character of the neighbourhood will not be adversely altered by the proposed design;

 

·      The dwelling has suitable setbacks, building height and orientation to ensure a high level of solar access remains available to the adjoining properties;

 

·      The level of articulation within the front façade ensures that the visual bulk of the dwelling is not excessive when viewed from the street or surrounding properties. The front façade is stepped back at first floor level and provides a balcony enhancing the streetscape character of Boomerang Street;

 

·      The proposed alterations and additions provide for a continuation of the existing characteristic hipped roof form. The height of the proposal will not disrupt any existing view currently available to the occupants of adjoining neighbouring properties, despite non-compliance in this instance;

 

·      The degree of non-compliance is small and occurs principally as a consequence of the proposed first floor addition to the existing semi-detached dwelling;

 

·      Any proposed first floor addition to the existing semi-detached dwelling would result in technical non-compliance with the building height control. Having regard to the satisfaction of the underlying objectives despite non-compliance in this instance, together with the fact that noncompliance will not:

-   detract from the reasonable rights of neighbouring sites to maintain adequate solar access, privacy and ventilation, or

-   obstruct any existing views; and

 

·      The streetscape appearance of the dwelling will not have an excessive visual bulk due to the non-compliance in this instance. The non-compliance will only be obliquely visible from the street frontage of the site and will not present as a visual anomaly when viewed from the street frontage of the site, adjoining properties or from vantage points within the surrounding Heritage Conservation Area. The proposed dwelling will maintain a high quality appearance despite the minor non-compliances.

 

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

-        The existing development is proposed to be increased such that the building height standard would be exceeded by a marginal amount (0.5m or 7.1%);

-        The development standard is intended to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area and it is considered that the proposed works are consistent with this objective. The proposed two storey dwelling is consistent with residential development to the area and ancillary to the existing dual occupancy dwellings to the site and on the adjoining site;

 

-        The non-compliance with the development standard is largely as a result of the steep topography of the site, which falls towards Boomerang Street from the rear.

 

Whilst it is noted that the site is not located within a Heritage Conservation Area, the submitted SEPP 1 objection has addressed the consistency of the proposed development with the underlying and stated purposes of the standard, the local planning objectives for the locality and objectives of the Act. The objection has appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case. As such, it is considered that the objection is well founded.

 

Matter 2

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

 

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

 

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

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

 

·      Comments:

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

 

The proposal is also consistent with the relevant objectives of the Residential 2A Zone in that it will allow development which is ancillary to the present use of the site as an 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”.

·      Comment:

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the proposed garden area layout will achieve the objectives of the development standard.

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

The building height standard has not been abandoned or discarded by any decision or actions of Council.

 

Fifth

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

 

Comments:

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

 

6.    Community Consultation

 

The proposal was notified in accordance with the DCP for Public notification of Development Proposals and Council Plans, for 14 days from 28 January 2011 until 11 February 2011 and then for a further period of 14 days from 28 March 2011 until 11 April 2011 (to the owner of the adjoining semi-detached dwelling at 6 Boomerang Street only). The following submissions were received:

 

6.1   Objections

Objections

Author and objection

Comment

Owner of 6 Boomerang Street

Concerns are raised about the structural integrity of the existing semi-detached dwellings on the subject site and the adjoining site at 6 Boomerang Street.  The party wall and roof sections are of particular concern.

 

Given that the engineering report submitted is predicting cracking may occur to the existing dwellings, who would pay for the rectification of such cracking?

 

 

Please note that I have replaced the western wall of my dwelling which was asbestos material as well as internal asbestos walls.

 

There are no details of how the development would look as viewed from Boomerang Street. There are no details of how the structure would be attached to the existing roofline of the semi-detached dwelling at 6 Boomerang Street.

 

Concern is raised about the visual impact of the proposed first floor addition, given that only one side of the existing semi-detached dwellings is to be extended.

 

The proposal mentions terracotta roof tiles whereas there are existing cement tiles to both existing semi-detached dwellings.

 

 

The estimated cost of works appears to be too low which may suggest sub-standard materials and workmanship may be used.

 

Further submission received from the owner of 6 Boomerang Street, following the re-notification of amended plans:

Concern is raised about the size of the proposed balcony to the front of the semi-detached dwelling, with regard to privacy.

 

 

An engineer’s report was submitted with the application. Further, suitable conditions have been included to ensure that the proposed works and the adjoining semi-detached dwelling are appropriately supported.

 

 

A condition is recommended that a dilapidation report must be prepared prior to the commencement of works. Any damage and subsequent repair works resulting from the proposed development would then form the subject of a civil matter between the owners of the adjoining semi-detached dwellings.

 

Noted. Suitable conditions have been included to ensure that any asbestos material is removed appropriately from the site.

 

 

Elevation plans were provided for public viewing during the notification period. Roofline details were also available for viewing and were subsequently superseded by further roofline details. An amended roof plan was also made available for public viewing during the second period of notification.

 

 

See further discussion below (Part 10.1).

 

 

 

 

 

A suitable condition of consent has been included that roof tiles are to be in keeping with existing roof tiles to the dwelling and that plans are to be amended to reflect this requirement, prior to the issue of a construction certificate.

 

The estimated cost of works was checked against the Cordell Housing – Building Cost Guide and is considered to reflect a realistic estimate. 

 

 

 

 

 

 

The proposed front balcony is modest in size (2.2m x 3.7m and will overlook Boomerang Street and the existing garage roof on the adjoining property at 6 Boomerang Street only. It is noted that the existing south-facing window to the dwelling on the subject site already overlooks the garage roof on the neighbouring property.  Consequently, the proposed balcony is not considered to impose any additional unreasonable privacy impact, over that which currently exists.

 

Owner of 10 Boomerang Street

Concerns are raised regarding the potential visual privacy impact from the proposed first floor addition to the subject dwelling.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sunlight and fresh air may be restricted towards my unit.

 

 

 

View loss may result from the proposal.

 

The proposed first floor addition includes a reduced side setback at first floor level of 1.4m rather than 1.5m, as specified by the DCP. The minor non-compliance is supported given that the adjoining dwelling at 10 Boomerang Street will retain solar access to the larger upper floor windows at the northern end of the dwelling and that any reasonable upper floor addition would overshadow the existing window to the adjoining dwelling in the late afternoons only.

 

The proposed east-facing bathroom is not offset from the existing west-facing window for 10 Boomerang Street however no unreasonable privacy impact should result as the bathroom window is small and is conditioned to be constructed using frosted glazing materials.

 

The proposed dwelling addition is located to the west of 10 Boomerang Street and will not interfere with the prevailing southerly winds to the area. See further discussion above regarding solar access.

 

The proposed works are not considered to result in any additional unreasonable view loss (see further discussion below – part 10.1). 

 

6.2 Support

No submissions were received in support of the application. 

 

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:

Development Engineer – First referral

Landscape Comments

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

 

Development Engineer – Second referral

Further Driveway Comments

The application has been referred back to Development Engineering after concerns were raised by the assessing officer in regards to the narrow carport width.

 

The submitted plans indicate the carport to be 2.383m wide between the outside of the support posts. Assuming 100mm wide posts this would mean that approximately only 2.18m is available internally between the posts to manoeuvre a car into. The B-85 car in Australian Standard 2890.1:2004 has a width of 1.87m leaving little room for satisfactory clearance to vehicles. It is also non-compliant with Australian Standard 2890.1:2004 in regards to the minimum width for carspaces.

 

Development Engineering therefore requires that the internal width between the support posts be increased to a minimum of 2.5m to provide a satisfactory carspace. It shall be noted that this will likely require the widening of the carport forward of the building line.

 

Should the application be approved the following conditions shall apply in addition to the conditions provided in a memo dated 7th February 2011 from Development Engineering:

 

Officer Comment

There is sufficient width within the front yard for the carport to be widened, such that there is a 2.5m width, as measured from the insides of the support posts.

 

8.    Master Planning Requirements

 

No master planning requirements apply to the site.

 

9.    Relevant Environmental Planning Instruments

 

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

 

9.1    Randwick Local Environmental Plan 1998 (Consolidation).

The following clause of the Randwick Local Environmental Plan 1998 (Consolidation) is applicable to the development:

 

Clause 10 - Zone No 2A (Residential A Zone)

The site is zoned 2A Residential under the Randwick Local Environmental Plan 1998 (Consolidation) and the proposal is permissible with Council's consent.  The proposal is consistent with the aims of RLEP 1998 (Consolidation) and the specific objectives of the zone in that the proposed activity and built form will:

·      Maintain the desirable attributes of established residential areas; and

·      Protect the amenity of existing residents.

 

Clause 20E - Landscaped area

Development, otherwise than for the purpose of a dwelling house, within Zone No 2A must provide a minimum of 40% of the total site area as landscaped area. The proposed landscaped area is 50.1% and the proposal is compliant with the clause.

 

Clause 20F - Floor space ratio

The maximum floor space ratio for a building, other than a building erected for the purpose of a dwelling house, within the 2A (Residential A Zone) is 0.5:1 whereas the proposed maximum floor space ratio is 0.57:1. The proposal does not comply with the development standard and the applicant submitted a SEPP 1 Objection on 24 January 2011 (see further discussion above).

 

Clause 20G - Building heights

The maximum height for a building, other than a dwelling house, within Zone No 2A or 2B is 9.5 metres 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 No 2A or 2B is 7 metres measured vertically from any point on ground level. The proposed maximum building height is 9.5 m and complies with the clause. The proposed maximum wall height is 7.5m however, and the applicant submitted a SEPP 1 Objection on 24 May 2011 (see further discussion above).

 

9.2 Building Sustainability Index: BASIX

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

 

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

 

9.3 Policy Controls

 

9.3.1   Development Control Plan – Parking

The parking requirement for a dwelling house with 3 or more bedrooms is 2 off-street parking spaces. Whilst the proposed 3 bedroom dwelling will provide only one off-street parking space, the non-compliance has been assessed against the relevant Objectives and Performance Requirements and is supported for the following reasons:

 

The current proposal involves an increase in the number of bedrooms from 2 to 3, however it is considered that the proposed use will not generate an unreasonably high demand for additional parking in the locality. Further, it is considered that the proposal is not required to provide additional off-street parking for the following reasons:

·      There is convenient access to public transport in close proximity to the site;

·      There is on-street parking in the vicinity of the site and on nearby side streets; and

·      Site constraints are such that more than one fully compliant off-street parking space cannot be provided in the front setback of the site. 

 

9.3.2   Development Control Plan – Dwelling Houses and Attached Dual Occupancies

 

Clause

Preferred Solution

Check

y/n

Landscaping

40 % of site provided as landscaped area

51%

Yes

25m² of private open space provided.

98m2 +

Yes

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

15.8m x 6m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

40.7%

Yes

Floor area

Maximum FSR 0.5:1    (Clause 20F RLEP 1998)

0.57:1

 

 

See further discussion above (SEPP 1 Objection).

Height, Form & Materials

External wall height maximum 7m    (Clause 20G RLEP 1998)

7.5m

See further discussion above (SEPP 1 Objection).

External wall height to the rear maximum 3.5m.

N/A

N/A

Cut or fill maximum 1m.

No changes to existing ground levels are proposed

N/A

No excavation within 900 mm of a side boundary.

Minor excavations for carport footings are proposed within 900mm of the eastern property boundary.

Suitable conditions have been included to ensure excavations are appropriately supported.

No excavation within 4m of a rear boundary.

Complies.

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

5m

Yes

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

Architectural features including matching roof pitch and roof materials have been included which will ensure that the proposed 2nd storey addition respects the adjoining semi-detached dwelling at 6 Boomerang Street.

Yes

Building setbacks

Front setback average of adjoining dwellings or 6m

Carport proposed to be built forward of the building line.

See further discussion below – Carport Structure

Rear boundary setback at least 4.5m

16.6m

Yes

Side setbacks be 900mm at ground level.

1.4m and common wall – no change from existing

N/A

Side setbacks be 1.5m at second floor level.

1.4m to the south-east and nil setback to the common boundary with number 6 Boomerang Street.

The proposed minor non-compliance is supported given that no unreasonable impacts will result as a result of visual bulk or overshadowing; that neighbouring properties will retain access to sunlight, daylight and fresh air as a result of the proposed works; and that the DCP allows for setbacks to be less than the Preferred Solution where it is proposed to extend an existing semi-detached building along the alignment of the common wall.

Side setbacks be 3.0m at third floor level.

N/A

N/A

Visual & Acoustic Privacy

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

East-facing habitable room windows to Bedroom 3 and the first floor stair landing will not impact on existing windows to the western elevation of the multi-unit dwelling to the east (10 Boomerang Street). The windows are off-set and no unreasonable privacy impact should result. 

Yes

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

The north-facing habitable room window to the master bedroom has the capacity to overlook the open spaces of adjoining dwellings however the proposed use of the room as a bedroom is considered to be a low-traffic area of the dwelling and would tend to be furnished with blinds or curtains. Consequently, no unreasonable privacy impact should result for neighbouring dwellings.

Yes

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

Not required

N/A

Safety & Security

Front doors of dwellings are visible from the street.

The existing front door to the dwelling is not visible from the street however the dwelling will have at least one habitable room window overlooking the street.

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

Sunroom and rumpus room balcony.

Yes

Garages & Driveways

 

 

 

 

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

1 space

No – see further discussion below

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

5m x 2.2m

See further discussion below – Driveway width.

Driveway minimum width of 3m and side setback 1m

3m

Yes

Driveway maximum width of 3m at the boundary.

3m

Yes

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

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

Yes

Garages and carports to rear lanes set back 1m.

N/A

N/A

Parking and access is provided from the rear.

N/A

N/A

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

The proposed carport is to be located forward of the building line. See further discussion below – Carport and Driveway.

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

45%

See further discussion below – Carport and Driveway.

Fences

Sandstone fences and walls are retained/recycled.

No sandstone

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

No fence details are provided.

N/A

Fences in front of the building line or on street frontages up to 1.8m and upper 2/3 is at least 50% open.

No fence details are provided.

N/A

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.

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

Yes

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

Yes

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

No impact to solar collectors

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

No impact to north facing living room windows

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

Principal outdoor recreation space of neighbouring dwellings receive at least 3 hours sunlight 9am- 3pm 21 June

Yes

 

9.3.3   Section 94A Contribution DCP

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

$100,001 - $200,000

$124,500

0.5%

$622.50

 

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

 

9.4 Council Policies

No Council policies are relevant to the proposal.

 

10. Environmental Assessment

 

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

 

10.1  The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality:

The proposed addition to the existing semi-detached dwelling is not considered to result in unreasonable environmental impacts on the neighbouring properties and the surrounding built environment.

 

A.      Carport proposed to be built forward of the building line

The proposal includes a carport to be located forward of the building line, measuring 10.0m x 2.5m and which is proposed to occupy 45% of the site. 

 

Despite the non-compliances with the preferred solutions of the Dwelling Houses and Attached Dual Occupancies DCP, it is considered that the proposal is reasonable for the following reasons:

·      The proposed carport will provide one off-street car parking space on the site;

·      The resultant carport would complement the existing streetscape in that it would not be dissimilar to carports to properties in the locality (See Figures 3 & 4 below);

·      The proposed carport will not be visually obtrusive in that the existing semi-detached dwelling to the site and the adjacent semi-detached dwelling to 6 Boomerang Street will not be visually dominated by the structure; and

·      It is not considered that the proposed car spaces will result in a negative impact on neighbouring properties with regard to safety. The open sided structure will enable site lines to be maintained to the adjacent footway;

·      The carport is a light weight open form structure; and

·      The carspace is adequate for most standard vehicles.

 

 

Figures 3 & 4: Existing garages forward of the building line presenting facades to Boomerang Street.

 

B.      Perceived bulk and scale

The proposed first floor addition will result in a dwelling which is not excessive in terms of bulk and scale, when viewed from the streetscape and with reference to the adjoining semi-detached dwelling at 6 Boomerang Street.

 

The proposal to construct a balcony to the front of the first floor of the dwelling is supported given that the existing semi-detached dwellings on the subject site and the adjoining property are not symmetrical and that existing development in the locality includes architectural elements including square-facades and balconies forward of the building line (see Figures 5 & 6 below).

 

 

Figures 5 & 6:  Existing development in the locality includes architectural elements including square-facades and balconies forward of the building line.

 

C.      View sharing

An objection regarding potential view loss was received from the owner of the property to the east (10 Boomerang Street - see objections above). The objection states that an existing view may be obscured by the proposed first floor addition to the dwelling.

To assess whether the extent of view loss which would result from the proposal is reasonable, the Land and Environment Court has established a Planning Principle in the matter of Tenacity Consulting v Warringah (2004) NSWLEC 140. This provides a four stage method of assessing view loss. The first step relates to the assessment of the view itself:

 

1. Quality of Views:

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

 

In this case the view which is likely to be affected is that from the west-facing first floor lounge room window of the dwelling at 10 Boomerang Street. This view is over the roof of the subject dwelling only (see figures 7 & 8 below). This is not an iconic or water view and is not particularly scenic. As such, it does not rate highly as assessed under the Planning Principle and it would not support its preservation.

 

As such it is not necessary to make an assessment under the remaining three assessment points. Further, it is noted that the proposed works will not affect the existing views enjoyed by the adjoining dwelling (10 Boomerang Street), over the rear yards of adjoining dwellings to the north-west and ocean views to the south (see figures 9 & 10 below).

 

 

Figures 7 & 8

 

 

Figures 9 & 10

 

10.2  The suitability of the site for the development:

For the reasons discussed above, the development is assessed as being suitable development for the site. The proposed development is in keeping with existing development in the locality and should therefore result in a development which is wholly suitable for the site. 

 

10.3  The public interest.

Should approval be granted for the proposal, it is considered that no adverse impact on surrounding properties and the locality should result. The proposed development is considered to be in the public interest and approval is recommended.

 

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4          Excellence in urban design and development.

Direction 4A:       Excellence in urban design and development.

Direction 4B:        New and existing development is managed by a robust framework.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal does not comply with relevant development standards of the RLEP 1998 (Consolidation) however support for submitted SEPP1 Objections is recommended. The proposal complies generally with the objectives and performance requirements of the Dwellings and Dual Occupancies DCP and the Parking DCP. If approved, the proposed development should not result in any unreasonable adverse impacts upon the amenity of the adjoining premises and the character of the locality.

 

Recommendation

 

A.     That Council supports the objection under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation), relating to Floor Space Ratio, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly;

 

B.     That Council supports the objection under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 20G of the Randwick Local Environmental Plan 1998 (Consolidation), relating to 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; and

 

C.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/35/2011 for alterations and additions to the existing semi-detached dwelling including new first floor additions and a new front car port, at No. 8 Boomerang Street, Maroubra, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

The development must be carried out in accordance with the following conditions of consent.

 

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 environmental amenity.

 

Approved Plans & Supporting Documentation

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

129/04-12 (Issue B)

MG Design and Planning

22 March 2011

23 March 2011

129/05-12 (Issue B)

MG Design and Planning

22 March 2011

23 March 2011

129/06-12 (Issue B)

MG Design and Planning

22 March 2011

23 March 2011

129/07-12 (Issue B)

MG Design and Planning

22 March 2011

23 March 2011

129/08-12 (Issue B)

MG Design and Planning

22 March 2011

23 March 2011

 

BASIX Certificate

No.

Dated

Received

 

A102813

24 December 2010

24 January 2011

 

2.       The east-facing first floor bathroom window (W2) must be constructed using frosted glazing. Plans are to be amended to reflect this requirement, prior to the issue of a construction certificate.

 

This condition has been recommended in order to minimise any privacy impact between the subject dwelling and the adjoining dwelling to the east.

 

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

 

3.       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 concrete vehicular crossing between the existing layback and site frontage.

 

4.       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.

 

5.       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:

 

6.       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.

 

7.       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.

 

8.       The internal width between the carport support posts forward of the building line shall be increased to 2.5m to provide satisfactory clearance to vehicles and to ensure compliance with Australian Standard 2890.1:2004 and Council’s DCP-Parking. Plans submitted for the construction certificate must demonstrate compliance with this requirement.

 

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

9.       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

10.     a)    The colours, materials and finishes of the external surfaces (including the roof and exterior wall materials) are to be compatible with the existing building and adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

External materials, finishes and colours of the building are required to match, as closely as possible, the existing building and any roof materials are required to match those existing on the adjoining semi-detached dwelling.

b)    Details of the proposed colours, materials and textures, including details of the roof and exterior wall materials (i.e. a schedule and brochure/s or sample board), are to be submitted to and approved by Council’s Manager Development Assessments prior to issuing a construction certificate for the development.

 

Section 94A Development Contributions

11.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $124,500, the following applicable monetary levy must be paid to Council:   $622.50.

       

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.

 

Compliance with the Building Code of Australia

12.     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.

 

Structural Adequacy

13.     A Certificate of Adequacy must be supplied by a professional engineer, 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. The Certificate of Adequacy shall address the structural adequacy of the existing semi-detached dwelling to support the additional upper floor addition.

 

Long Service Levy Payments

14.     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

15.     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

16.     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.

Smoke Alarms

17.     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

18.     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

19.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, 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.

 

Dilapidation Reports

20.     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 terraced dwellings),

·          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.

 

Construction Noise & Vibration Management Plan

21.     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

22.     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

23.     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

24.     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

25.     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

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

26.     The proposed works 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

27.     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

28.     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

29.     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

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

 

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

 

b)    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

31.     All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations 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

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

 

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

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

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

 

b)    The condition referred to in subclause 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.

 

33.     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

34.     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

35.     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

36.     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

37.     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

38.     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

39.     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

40.     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.

 

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.

 

Use of premises

41.     The premises must only be used as a single residential dwelling and must not be used for dual or multi-occupancy purposes.

 

External Lighting

42.     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.

 

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

 

 


Planning Committee                                                                                                14 June 2011

 

 

Development Application Report No. D59/11

 

 

Subject:                  63 Loch Maree Street, Maroubra

Folder No:                   DA/248/2011

Author:                   Adrian McKeown, Environmental Planning Assessment Officer     

 

Proposal:                     Alterations and additions to the existing semi-detached dwelling house including new first floor level addition

Ward:                      Central Ward

Applicant:                Cape Cod Australia Pty Ltd.

Owner:                         I & O Zeevi

Summary

Recommendation:     Approval

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.    Executive Summary

 

As the proposal is now classified as an attached dual occupancy and not a dwelling house the development standards contained in the RLEP 1998 (Consolidation) apply. The application is referred to Council for determination as the proposed development exceeds the floor space standard under Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation) by more than 10%. The applicant submitted a SEPP1 Objection on 8 April 2011.

 

The proposal is for alterations and additions to the existing semi-detached dwelling house including a new first floor level addition. No submissions were received regarding the application. The main issues are the impact of the proposal on the locality with regard to perceived bulk and scale, reduced side setbacks, overshadowing, privacy impact and the impact of the proposal on the existing streetscape.

 

The application is recommended for approval.

 

2.    The Proposal

 

The proposal is for alterations and additions to the existing semi-detached dwelling house including a new first floor level addition. The first floor addition will include 3 bedrooms, a shower room and an ensuite bathroom.

 

Plans show that the first floor addition will retain an existing hipped roof form to the ground floor front facade. The first floor addition is proposed to be a light weight timber frame construction, clad using fibre cement sheeting and then painted to resemble a rendered finish.  A hipped roof is proposed to the first floor addition and roof tiles will be selected to match those on the existing dwelling.

 

Figure 1:  Existing semi-detached dwelling on the subject site.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the eastern side of Loch Maree Street. The site has a frontage of 7.9m, depth of 40.1m and a site area of 316.8 square metres. The site falls towards the rear from Loch Maree Street.

 

A masonry semi-detached dwelling currently exists on the site with a detached granny flat within the rear yard. The locality is residential in nature, consisting predominantly of semi-detached dwellings. A school is located on the western side of Loch Maree Street.

 

4.    Site History

 

·      Council approved BC/118/2001 for a building certificate.

·      Council approved BA/638/1998 for a glass enclosure attached to the rear of the existing dwelling.

·      Council refused BA/164/1998 for a glass enclosure attached to the rear of the existing dwelling.

·      Council approved BA/1021/1988 for an addition (cabana) to the rear of the property.

 

5.    Community Consultation

 

In accordance with the DCP – Notification, the proposal was notified for a period of 14 days from 14 April 2011 until 5 May 2011. No submissions were received regarding the application. 

 

5.1 Objections

No submissions were received regarding the application. 

 

5.2 Support

No submissions were received in support of the application. 

 

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

 

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

 

Pursuant to Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation), the maximum floor space ratio for development, other than for the purpose of a dwelling house on land zoned 2A Residential is 0.5:1. The proposed variation is summarized in the table below:

 

 

Floor Space Ratio

Proposal

0.64:1 - gross floor area of 186.5m2

LEP development standard

0.5:1

Excess above the LEP standard

40.8m2 above the development standard which equates to a proposed 28% excess.

 

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

 

Matter 1

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

 

·      Comments:

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

 

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

 

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

 

-    The proposal will result in a dwelling which is consistent with the bulk and scale of existing dwellings in the area;

 

-    The proposed excess in gross floor area is not unreasonable;

 

-    The proposed development would be compliant with the Floor Space Ratio requirement, were it to be assessed against the objectives and performance requirements of the DCP for Dwelling Houses and Attached Dual Occupancies rather than the development standard within the RLEP;

 

-    The proposal is compliant with the development standards for landscaped area and building height [Clauses 20E and 20G of the RLEP 1998 (Consolidation)]; and

 

-    The proposal is compliant with the zonal objectives for the area [Clause 10 - Zone No 2A (Residential A Zone) of the RLEP 1998 (Consolidation)].

 

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

 

-        The development standard is intended to maintain the existing low density of the locality and it is considered that the proposed works are consistent with this objective. The proposed first floor addition is consistent with residential development to the area and ancillary to the existing dual occupancy dwellings to the site (see Figure 2 below);

 

-        As will be discussed in the following sections, the proposal does not result in any unreasonable adverse impacts on the adjoining residential properties in terms of perceived bulk and scale, overshadowing, maximum external wall height or privacy;

 

-        The existing semi-detached dwellings are not symmetrical in that the subject dwelling is wider than the adjoining semi-detached dwelling at 61 Loch Maree Street. Visually however, the semi-detached dwellings appear to be symmetrical as viewed from Loch Maree Street. With this in mind, the proposal is consistent with the objectives and performance requirements of the DCP with regard to semi-detached dwellings. The proposed hipped front roof is to be retained to the ground floor of the existing dwelling and should the adjoining semi-detached dwelling undertake a similar proposal in the future, the symmetry would be retained;

 

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

 

Matter 2

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

 

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

 

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

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

 

·      Comments:

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

 

The proposal is also consistent with the relevant objectives of the Residential 2A Zone in that it will allow development which is ancillary to the present use of the site as an 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”.

·      Comment:

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the proposed first floor addition will achieve the objectives of the development standard.

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

Fourth

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

 

Comments:

The floor space ratio 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 A zoning is not considered to be inappropriate for the locality.

 

 

7.    Technical Officers Comments

 

No referrals were required.

 

8.    Master Planning Requirements

 

The subject site has an area of less than 10,000 square metres and is not subject to Clause 40A of the of Randwick LEP 1998 (Consolidation).

 

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.

 

9.1      Relevant Environmental Planning Instruments

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

 

9.1.1   Randwick Local Environmental Plan 1998 (Consolidation)

 

Clause 10 - Zone No 2A (Residential A Zone)

The site is zoned 2A Residential under the Randwick Local Environmental Plan 1998 (Consolidation) and the proposal is permissible with Council's consent.  The proposal is consistent with the aims of RLEP 1998 (Consolidation) and the specific objectives of the zone in that the proposed activity and built form will maintain the desirable attributes of established residential areas; and will protect the amenity of existing residents.

 

Clause 20E   Landscaped area

Development, otherwise than for the purpose of a dwelling house, within Zone No 2A must provide a minimum of 40% of the total site area as landscaped area. The proposed landscaped area is 40 % and the proposal is compliant with the clause.

 

Clause 20G   Building heights

The maximum height for a building, other than a dwelling house, within Zone No 2A is 9.5 metres measured vertically from any point on ground level and the maximum height for any external wall of a building, other than a dwelling house, within Zone No 2A is 7 metres measured vertically from any point on ground level.

 

The proposed maximum building height is 7.6m and the proposed maximum external wall height is 5.7m. The proposal complies with the clause.

 

9.1.2   SEPP (Building Sustainability Index: BASIX) 2004.

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

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

 

9.2      Policy Controls 

 

9.2.1   Section 94A Contribution DCP

The DCP authorises Randwick City Council to impose, as a condition of development consent, a requirement that the applicant pay Council a levy determined in accordance with the following schedule:

 

Section 94A Contributions

Category

Cost

Applicable Levy

S94A Levy

Development Cost More than $200,000

$223,471.00

1.0%

$2,234.71

 

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

 

9.2.2   Parking Development Control Plan

The parking requirement for a dwelling house with 3 or more bedrooms is 2 off-street parking spaces, whereas the site (which includes a proposed 3 bedroom dwelling) can provide only one off-street parking space. Nevertheless, the non-compliance has been assessed against the relevant Objectives and Performance Requirements and is supported for the following reasons:

 

·      Although the current proposal involves an increase in the number of bedrooms in the dwelling from 2 to 3, it is considered that the proposed use will not generate an unreasonably high demand for additional parking in the locality;

·      There is convenient access to public transport in close proximity to the site;

·      There is on-street parking in the vicinity of the site and on nearby side streets; and

·      Site constraints are such that further off-street parking cannot be provided in the front setback of the site without unreasonably affecting the required landscaped area development standard for the site.

 

9.2.3   Dwelling Houses and Attached Dual Occupancies Development Control Plan

 


 

Clause

Preferred Solution

Check

y/n

Landscaping

40 % of site provided as landscaped area (RLEP 1998)

40%

Yes

25m² of private open space provided.

74.1m2 +

Yes

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

11.4m x 6.5m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

33%

Yes

Floor area

FSR 0.5:1  area (RLEP 1998)

FSR 0.6:1 under DCP Dwelling - Houses

0.64:1

No – Refer to SEPP 1 discussion above.

Height, Form & Materials

External wall height maximum 7m

5.6m

Yes

External wall height to the rear maximum 3.5m.

N/A

N/A

Cut or fill maximum 1m.

N/A

N/A

No excavation within 900 mm of a side boundary.

N/A

N/A

No excavation within 4m of a rear boundary.

N/A

N/A

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

9.7m

Yes

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

Yes

See further discussion below – Part 9.4.

Building setbacks

Front setback average of adjoining dwellings or 6m

No change to front setback (average of adjoining dwellings).

Yes

Rear boundary setback at least 4.5m

No change to rear setback.

Yes

Side setbacks be 900mm at ground level.

No change to existing – 1.2m

Yes

Side setbacks be 1.5m at second floor level.

1.2m

No – see further discussion below - Part 9.4.

Visual & Acoustic Privacy

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

Bathroom windows are offset from neighbouring windows and are small in size.

Yes

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

The rear bedroom window will have the potential to overlook rear yards.

No – see further discussion below – Visual privacy in Part 9.4.

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

Not required

N/A

Safety & Security

Front doors of dwellings are visible from the street.

Yes

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

Living room and bedroom

Yes

Garages & Driveways

 

 

 

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

1 space

No – see further discussion below  – Part 9.4.

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

3 m x 6 m

Yes

Driveway minimum width of 3m and side setback 1m

3m

Yes

Driveway maximum width of 3m at the boundary.

3m

Yes

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

No change from existing

N/A

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.

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

Yes

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

Living areas face east and will receive at least 3 hrs sunlight 9am - 3pm 21 June.

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

Solar access to the upper north-facing roof section of the adjacent the adjacent dwelling is maintained between 9am - 3pm. Complies.

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

Shadow diagrams show that existing living areas to the rear of the adjoining dwelling at 65 Loch Maree Street will not be further impacted by the proposed first floor addition with regard to overshadowing, prior to 12pm on 21 June. Complies

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

Principal outdoor recreation spaces of neighbouring dwellings will receive at least 3 hours sunlight 9am- 3pm 21 June.

Yes

 

9.3 Council Policies
No Council policies are relevant to the proposal.

 

9.4 Likely impacts of the proposal

 

9.4.1   Visual impact of the proposal

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

 

As stated in Part 6 above, the existing semi-detached dwellings are not symmetrical in that the subject site is wider than the adjoining semi-detached dwelling at 61 Loch Maree Street. Visually however, the semi-detached dwellings appear to be symmetrical as viewed from Loch Maree Street. With this in mind, the proposal is consistent with the objectives and performance requirements of the DCP with regard to semi-detached dwellings. The proposed hipped front roof is to be retained to the ground floor of the existing dwelling and should the adjoining semi-detached dwelling undertake a similar proposal in the future, the symmetry would be retained.

 

Figure 2:  The streetscape includes other examples of first floor additions to semi-detached dwellings – 49 Loch Maree Street.

 

9.4.2   Perceived bulk and scale

As discussed in Part 6 above (SEPP 1 Objection), the departure from the preferred solution of the DCP is considered acceptable in this case for the following reasons:

 

·           The proposal does not result in any unreasonable adverse impacts on the adjoining residential properties in terms of perceived bulk and scale, overshadowing, maximum external wall height or privacy;

 

·           The proposal is consistent with the objectives and performance requirements of the DCP with regard to semi-detached dwellings. The proposed hipped front roof is to be retained to the ground floor of the existing dwelling and should the adjoining semi-detached dwelling undertake a similar proposal in the future, the symmetry would be retained;

 

·           The proposed first floor addition is consistent with similar residential development in the locality (see Figure 2 above).

 

9.4.3   Reduced Side Setbacks

The DCP preferred solution for side setbacks at first floor level is 1.5m whereas the application proposes a southern side setback of 1.2m and a zero setback to the northern adjoining semi-detached dwelling. This is considered acceptable for the following reasons:

·           The proposal will result in a dwelling which is consistent with other dwellings in the streetscape and will integrate visually in terms of bulk and scale;

·           No unreasonable impact will result for neighbouring dwellings with regard to overshadowing;

·           Neighbouring properties will retain access to sunlight, daylight and fresh air as a result of the proposed works; and

·           The DCP allows for setbacks to be less than the Preferred Solution where it is proposed to extend an existing semi-detached building along the alignment of the common wall.

 

9.4.4   Visual Privacy

The proposed rear bedroom window will have the potential to overlook surrounding rear yards towards the north-east, east and south-east. The non-compliance with the preferred solution is supported given that the proposed window is modest in size and that the window services a bedroom. The proposed use of the room as a bedroom is considered to be a low-traffic area of the dwelling and bedroom windows also tend to be furnished with curtains or blinds. No unreasonable privacy impact should therefore result. Further, no objections were received as a result of the notification of the application to the owners of surrounding properties. 

 

9.4.5   Garages and Parking

The current proposal will result in a dwelling with 3 bedrooms and there is only one off-street parking space available for the use of the occupants. The departure from the preferred solution of the DCP is supported, given that the proposed use will not generate an unreasonably high demand for additional parking in the locality.

 

Further, it is considered that the proposal is not required to provide additional off-street parking for the following reasons:

·           There is convenient access to public transport in close proximity to the site;

·           There is on-street parking in the vicinity of the site and on nearby side streets; and

·           Site constraints are such that off-street parking cannot be provided in the front setback of the site (see Figure 2 above). 

 

9.5    The suitability of the site for the development:

For the reasons discussed above, the development is assessed as being suitable development for the site.

 

9.6    The public interest.

Should approval be granted for the proposal, it is considered that no adverse impact on surrounding properties and the locality would result and that no undesirable precedent for future development would be set. The proposed development is considered to be in the public interest and approval is recommended.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4          Excellence in urban design and development.

Direction 4A:       Excellence in urban design and development.

Direction 4B:        New and existing development is managed by a robust framework.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal does not comply with a relevant development standard of the RLEP 1998 (Consolidation) however a SEPP1 Objection has been submitted, support for which is recommended. The proposal is generally consistent with the objectives and performance requirements of the Parking DCP and the Dwelling Houses and Attached Dual Occupancies DCP. If approved, the proposed development would not result in unreasonable adverse impacts upon the amenity of the adjoining premises and the character of the locality.

 

 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/248/2011 for alterations and additions to the existing semi-detached dwelling house including a new first floor level addition, at No. 63 Loch Maree Street, Maroubra subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

The development must be carried out in accordance with the following conditions of consent.

 

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 environmental amenity.

 

Approved Plans & Supporting Documentation

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