Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 12 July 2011

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                                 12 July 2011

 

 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 12 July 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 - 14 June 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)

D74/11      Unit 1/180-196 Coogee Bay Road, Coogee (DA/329/2011)

D75/11      1130 Anzac Parade, Maroubra (DA/524/2008/C)

D76/11      198 Malabar Road, South Coogee (DA/123/2011)

D77/11      6 Govett Street, Randwick (DA/358/2011)

D78/11      6 Ivy Street, Randwick (DA/355/2011)

D79/11      748 Anzac Parade, Maroubra (DA/85/2011)

D80/11      5 Wisdom Street, South Coogee (DA/837/2010)

D81/11      57 Mount Street, Coogee (DA/392/2011)

D82/11      489 Bunnerong Road, Matraville (DA/1003/2010)

D83/11      379-401 Clovelly Road, Clovelly (DA/395/2009/B)

D84/11      18 Dangar Street, Randwick (DA/1153/2010)  

D85/11      330 Anzac Parade, Kensington - UNSW (DA/385/2011) to be circulated prior to the meeting.

Miscellaneous Reports (record of voting required)

M13/11     Planning Proposal: Semi Detached Dwellings Post Exhibition Report

Miscellaneous Reports (record of voting not required)

M14/11     Seeking support for water conservation and efficiency project funding for Randwick parks

M15/11     Proud of Our Elders Mural, Belmore Road, Randwick    

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Sima Truuvert

acting General Manager


Planning Committee                                                                                                 12 July 2011

 

 

Development Application Report No. D74/11

 

 

Subject:                  Unit 1/180-196 Coogee Bay Road, Coogee (DA/329/2011)

Folder No:                   DA/329/2011

Author:                   Matthew Choi, Environmental Planning Officer     

 

Proposal:                    Unit 1 - Construction of a new extension to the rear

Ward:                     East Ward

Applicant:               Mr C M Receive Pty Ltd

Owner:                        THE OWNERS - STRATA PLAN NO. 22899

Summary

Recommendation:    Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.    Executive Summary

 

The subject proposal is referred to the Planning Committee for determination as it contains variations floor space ratio development standard stipulated in the Randwick Local Environmental Plan (RLEP) 1998 by more than 10%. The applicant has submitted SEPP 1 objections to this development standard to address the non-compliances.

 

The subject application is for the construction of an extension to bedroom 1 and 2 to the rear of unit 1. The proposal will result in a partial enclosure of an existing courtyard.

 

A site inspection conducted by Council’s Planning Officer on the 28 June 2011 revealed that the demolition works have already been carried out without Council’s consent. Consequently, the subject application will be assessed for the use of the area and new external works and the matter regarding the illegal building works has been referred to Council’s building and regulatory.

 

No objections were received to the proposed development.

 

The site is located with a Zone No.3A (General Business Zone) in accordance with the RLEP 1998 (consolidation). The proposal is consistent with the zoning objectives.

 

Clause 20F (3) requires the maximum floor space ratio for buildings within Zones No. 3A and 3B are to be in accordance with the RLEP 1998 zoning map which is indicated as 1.5:1. The subject site has an overall site area of 2256.66m² and the proposed FSR of 1.695:1 (3825.42m²) does not comply with clause 20F (3) of the RLEP. The proposal constitutes an additional floor area of 4.56m2.

 

It has been demonstrated in this report that the relevant objectives and performance requirements of the DCP have been achieved in that the proposed development will not result in any unreasonable adverse impacts on the amenity of the adjoining dwellings and the character of the locality.

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental planning and Assessment Act 1979, as amended. Therefore the proposal is recommended for approval.  

 

2.    The Proposal

 

The proposal details the construction of a new extension to the rear of unit 1 which will result in a partial enclosure of an existing first floor courtyard.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the northern side of Coogee Bay Road and the western side of Brook Street. The subject site is currently occupied by an existing three storey mixed commercial premises. The site has a frontage width of 55.37 metres along Coogee Bay Road and 31.03 metres along Brooke Street and has an overall site area of 2256.6 metres squared.

 

Neighbouring the property to the north is an existing two storey free standing dwelling and a multi-unit housing development, to the west of the subject site is an existing boarding house. The surrounding area is a mix of residential and commercial character and consists predominately of two and three storey multi-unit housing development.

 

 

4.    Site History

 

DA/59/1983 – An application was approved on the 19 April 1983 for the erection of stage 2 of the three storey refurbishment

DA/141/1983 – An application was approved on the 28th of June 1983 for the erection of stage 1 of the three storey mixed commercial/residential development.

 

5.    Community Consultation

 

The application was notified to the adjoining and nearby properties from the 12 May to the 26 May 2011 in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. No submissions were received at the conclusion of the public consultation process.

 

6.    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 (consolidation);

·      Building Code of Australia

 

The proposal is consistent with the general aims of the RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality. The following clauses of LEP 1998 (consolidation) are relevant to the proposed development:

 

Clause 13 – Zone No. 3A (General Business Zone)

The relevant objectives of Zone No. 3A are:

 

(c)  To minimise the impact of development on adjoining land and nearby residential zones.

 

The proposal will not detract from the environmental qualities of the area and will improve the functionality of the subject unit without compromising the amenity of surrounding dwellings. The proposed works involves the installation of new framed glazed doors to the rear and will not impact on privacy levels given the proposed doors will overlook an existing screen wall. As such, the proposal is considered to satisfy the relevant zone objectives.

 

The proposal falls under the definition of “general business” as outlined in the RLEP 1998 (consolidation) and is permissible within the Zone 3A.

 

The following clauses of LEP 1998 (consolidation) are relevant to the proposed development. Areas of non-compliance are the subject of a SEPP 1 objection and are discussed under the SEPP 1 section of this report.

 

Clause 20F – Floor Space Ratios

Clause 20F of the RLEP 1998 states that a maximum floor space ratio for land zoned 3A are to be in accordance with the RLEP 1998 zoning map. The zoning is indicated as 1.5:1. 

 

The proposed development standard exceeds the floor space standard under Clause 20F(3) of the Randwick Local Environmental Plan 1998 (consolidation). A gross floor area of 3825.42m² is proposed which results in a floor space ratio of 1.7:1. This does not comply with the standard that floor space ratio should be equal to or less than 1.5:1

 

The proposal seeks to vary the FSR development standard contained with the RLEP 1998. Justification for the non-compliance is discussed below.

 

Clause 20G – Building Heights

Clause 20G(5) of the RLEP 1998 (consolidation) imposes a maximum overall building height of 12 metres for buildings on land zoned 3A in accordance with the zoning map.

 

No change to the total building height has been proposed. Complies.

 

Clause 43 – Heritage Conservation

The proposal will not impact the significance of the neighbouring heritage item (101 Alfreda Street) as the proposed addition is minor in bulk and scale and the works are only visible on Coogee Bay Road.

 

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

 

The proposal seeks to vary development standards contained within RLEP 1998. A

SEPP 1 objection has been submitted to Council. Pursuant to Clauses 20F of RLEP 1998, the maximum FSR within 3A Zones according to the Zoning Map is 1.5:1 respectively. The proposed variation is summarized in the table below:

 

 

Floor Space Ratio

Existing Floor space ratio

1.693:1 (3820.86m2)

Proposal

1.695:1 (3825.42m2 )

LEP development standard

Maximum 1.5:1 (3384.99m2)

Variation from the LEP standard

Less than 0.002 (4.56m2)

 

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).

 

Floor Space Ratio - Clause 20F

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

 

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

 

The applicant has submitted a written SEPP 1 objection, which outlines the following

justifications for the variation to the standard:

 

·      The proposed partial enclosure of a courtyard will have no impact on the visual or functional role of the building.

 

·      The proposed partial enclosure of a courtyard will not significantly increase the bulk and scale of the existing development and will continue to comply with the objectives of the development standard.

 

·      The proposed partial enclosure of a courtyard will not significantly compromise the existing streetscape character and the finishes will be in keeping with the existing building.

 

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

 

·      Currently the floor space ratio does not comply with the preferred solution (1.7:1 of the site is floor space ratio). The proposal will be slightly increasing the floor space ratio on the site to 1.7:1. Therefore, it is considered that the shortfall is minor (4.56m²) and will not contribute to any unreasonable loss of amenity to the neighbouring properties and will not significantly contribute to the visual bulk and scale of the development.

 

·      The proposed addition will not impact the amenity of the streetscape nor will it detract from the individual character as the proposed extension is located at the rear of the existing dwelling and will not be visible along Brook Street. The proposal will not significantly compromise the appearance of the dwelling within the streetscape.

 

·      The proposed addition will continue to be within the existing building envelope and will therefore not contribute to the height and scale of the existing dwelling.

 

·      There is adequate private open space in the courtyard to accommodate the recreation needs of the occupants as well as private open space.

 

·      The proposed additional floor area will not result in any additional overshadowing impacts to the adjoining premises and shadowing will primarily fall to Coogee Bay Road and Brook Street.

 

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

 

Matter 2

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

 

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

 

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

 

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

 

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

 

The proposal is also consistent with the relevant objectives of General Business 3A Zone in that it is consistent with the desired character of the locality.

 

Matter 3

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

 

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

 

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

 

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

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

 

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

 

Comments:

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

 

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

 

Comments:

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

 

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

 

Comments:

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

 

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

 

Comments:

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

 

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

 

               Comments:

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

 

7.1    Policy Controls 

 

No Council policy controls apply to the site.

 

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.

 

·      The proposed construction of a rear addition to unit 1 is not expected to result in any significant adverse impacts to the adjoining properties. The addition is minor in nature and located at the rear of the dwelling. The proposed addition first floor addition will not be visually obtrusive and will be in keeping with the existing character of the built form. Further, the proposed addition will continue to be within the existing building envelope and will therefore not contribute to the height and scale of the existing dwelling. The extent of the additional overshadowing is minimal and will fall to Coogee Bay Road. The proposal complies with Section 79C of the Environmental Planning and Assessment Act, 1979.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

It is recommended that the application to carryout a new extension to the rear at unit 1 be approved subject to conditions.

 

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 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/329/2011 for the construction of a new extension to unit 1 at the rear, at No. 1/180-196 Coogee Bay Road, Coogee subject to the following 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

A-02 Issue A

Colin Brady Architects

April 2011

9 May 2011

A-03 Issue A

April 2011

9 May 2011

 

2.       This consent does not grant approval for the demolition of the walls between the bedroom 1 and 2 and the courtyard as the works have been carried out without Council’s consent.

 

The following conditions are applied to satisfy relevant legislative requirements and to provide reasonable levels of health, safety and amenity:

 

3.       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.

 

4.       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.

 

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

 

A copy of the construction certificate, the approved plans 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

 

6.         Prior to the commencement of any 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, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing, and

·    unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), 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.

 

7.       The 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.

 

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

 

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

 

The Fire Safety Certificate must include details of all of the fire safety measures contained in the building and as detailed in the fire safety schedule attached to the Construction Certificate.

 

Prior to issuing any Occupation Certificate the Principal Certifying Authority must be satisfied that all of the relevant fire safety measures have been included and are sufficiently detailed within the Fire Safety Certificate. A copy of the fire safety certificate must be displayed in the building near the entrance and a copy must be forwarded to the NSW Fire Brigades.

 

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.

 

10.     Any 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.

 

11.     In existing buildings, the following works are to be carried out to ensure minimum levels of fire safety (as applicable):-

 

1)          Any new or replacement ceilings, walls and floor linings and doorways are required to satisfy the relevant requirements of the Building Code of Australia. 

 

2)          Any residential parts of the building must be provided with a smoke detection and alarm system, in accordance with the relevant provisions of the Building Code of Australia.

 

Details of the abovementioned items and other building and fire safety works are to be provided in the construction certificate.

 

12.     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

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

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.

 

13.     Public health, safety and convenience must be maintained at all times during demolition and building works and the following requirements must be complied with at all times (as applicable):

 

a)   Demolition work must be carried out in accordance with Australian Standard, AS2601 (2001) - The Demolition of Structures and a Demolition Work Plan is required to developed and implemented to the satisfaction of the Principal Certifying Authority prior to commencing any demolition works.

 

b)   The demolition, removal, storage and disposal of any materials containing asbestos must be carried out in accordance with the relevant requirements of WorkCover NSW, Council’s Asbestos Policy and the following requirements:

 

·      A licence must be obtained from WorkCover NSW for the removal of friable asbestos and or more than 10m2  of bonded asbestos (i.e. fibro)

·      Asbestos waste must be disposed of in accordance with the Protection of the Environment Operations Act 1997 & relevant Regulations

·      A sign must be provided to the site/building stating “Danger Asbestos Removal In Progress”

·      A Clearance Certificate or Statement must be obtained from a suitably qualified person (i.e. Occupational Hygienist) upon completion of the asbestos removal works, which is to be submitted to the Principal Certifying Authority and Council prior to issuing an Occupation Certificate.

 

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.

 

c)   A sign must be provided and maintained in a prominent position, 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”.

 

d)   The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, trip hazards, 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.

 

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

 

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

 

g)   During demolition and construction, 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.

 

h)   Public safety must be maintained at all times and public access to any demolition and building works, materials and equipment on the site is to be restricted. If necessary, a temporary safety fence or hoarding is to be provided to protect the public. 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.

 

i)    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.

 

The requirements and practices contained in the Protection of the Environment Operations Act 1997 and relevant DECC Construction Noise and Vibration Guidelines are to be satisfied and a Construction Noise and Vibration Management Plan is to be developed and implemented throughout the works to the satisfaction of Council.

 

ADVISORY

 

A1           The assessment of this development application does not include an assessment of the proposed building work under the Building Code of Australia (BCA).

 

All new building work must comply with the BCA and relevant Australian Standards and details of compliance must be provided in the Construction Certificate application.

 

A2      In existing buildings, the levels of fire and occupant safety should be upgraded where necessary and details should be incorporated in the Construction Certificate to the satisfaction of the Certifying authority.

 

Where the levels of accessibility to existing buildings do not meet current standards, if practicable, the level of accessibility should also be upgraded in conjunction with the proposed development (e.g. via the installation of a 1:8 access ramp within the building) and details included in the construction certificate application.

 

Building owners, applicants and builders are advised to speak to the appointed Certifying Authority prior to lodgement of the Construction Certificate.

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                 12 July 2011

 

 

Development Application Report No. D75/11

 

 

Subject:                  1130 Anzac Parade, Maroubra (DA/524/2008/C)

Folder No:                   DA/524/2008/C

Author:                   Matthew Choi, Environmental Planning Officer     

 

Proposal:                     Section 96 modification to delete Condition 53 of the development consent relating to the underground power lines and telecommunications cables

Ward:                      South Ward

Applicant:                Greek Orthodox Parish of Sth East Syd St Spridon

Owner:                         St Spyridon College High School

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The section 96 application is referred to the Planning Committee for determination as it seeks the deletion of a condition requiring the removal of power poles and undergrounding of power cables in the street which is contrary to Council policy. The approved development compromised alterations to the library, extension of the car park, demolition of existing demountable buildings and construction of new classrooms, a walkway, tower, colonnage, entry portico and a multi-purpose hall at the St. Spyridon College High School at 1130 Anzac Parade, Maroubra. 

 

The application is for a Section 96(1A) Modification of Development Consent DA/524/2008 to delete condition 53 of the original consent.

 

Condition No. 53 currently reads:

 

53.   “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”.

 

Following assessment of the application, the proposed deletion of condition No.53 is considered reasonable and acceptable for the following reasons:

 

·          The proposed Section 96 modification to delete Condition No.53 will not result in a development that will significantly improve the visual amenity of the streetscape around the subject site. The applicant has provided a recommendation from the UEA Electrical (a provider authorised to design and construct the EnergyAustralia Network) that existing street lighting columns are to be updated in accordance to AS1158 and new street lighting columns are required to be installed along Anzac Parade. Consequently, the amount of net visual improvement along Anzac Parade for underground power lines and communication cables at 1130 Anzac Parade will be minimal and will outweigh the associated costs of underground power cables. 

 

·           Imposition of condition no. 53 requiring the undergrounding of the power cables will result in substantial cost of St. Spyridon’s College High School which is a community based organisation. 

 

It is recommended that the application be approved.

 

2.    The Proposal

 

The application is for a Section 96(1A) Modification of Development Consent 503/2008 to allow for the deletion of Condition No. 53 which requires the applicant to meet the full cost of existing overhead power lines and telecommunication cables to be relocated underground.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located is located on the northern side of Anzac Parade with a site area of 19,998 square metres.  It has a frontage of approximately 250 metres and the surrounding area is primarily residential in nature consisting of free standing dwellings and mixed commercial development. The subject area has a relatively flat topography and currently consists of six school buildings between one and two storeys in height, playing fields, sports courts and four demountable buildings to the south east of the site.  

 

4.    Site History

 

DA/524/2008 – An application was approved on the 21st of October 2008 for the alterations to the library, extension of the car park, demolition of the existing demountable buildings, and construction of new classrooms, a walkway, tower, colonnage, entry portico and a multi-purpose hall.

 

DA/524/2008/A – An application was approved on the 21st of August 2009 to modify the approved development by internal configuration to the multi-purpose building, and alter window and door openings.

 

DA/524/2008/B – An application was approved on the 9th of February 2010 to modify the approved development consent in relation to Section 94A contribution costs.

 

5.    Community Consultation

 

Given that the application is made under Section 96(1A) of the Environmental

Planning and Assessment Act 1979, which relates to modifications which have minimal environmental impact, formal notification of the proposal is not necessary under Council’s Development Control Plan for Public Notification of Development Proposals.

 

6.    Technical Officers Comments

 

An application has been received to modify development consent for alterations and additions at the above site including new classrooms.

 

The modification to the development consent relates to the proposed deletion of Condition No. 53 which relates to the overhead power lines and telecommunication cables located in the vicinity of the development site being relocated underground and all redundant power poles being removed.

 

The assessing officer is advised that Condition No. 53 was the result of a Health, Building and Planning Committee meeting that was 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.

 

Development Engineering does not support its deletion however the S96 application may need to be referred to Council for its deletion.

 

Council may consider replacing the requirement for undergrounding of cabling with the requirement for Aerial Bundling of the cabling in which the condition would read as follows:

 

53.   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 Aerial Bundled. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be bundled. All wires cables must be Aerial Bundled to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.

 

Note from Planning Officer: The proposed undergrounding of power and telecommunication cables will not have any significant impacts on the amenity of the adjoining premises or the character of the locality. To amend condition 53 and provide for aerial bundling will not significantly contribute to the visual improvement and is not recommended.

 

7.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998 (consolidation)

Environmental Planning and Assessment Act 1979 as amended

Building Code of Australia.

 

(a)    Randwick Local Environmental Plan 1998 (consolidation)

The proposal does not alter the overall form and function of the development as approved and complies with the main aims and objectives of the Randwick Local Environmental Plan 1998 (consolidation).

 

7.2      Policy Controls

The policy for replacing overhead wires with underground cables was adopted at the Health, Building and Planning Committee meeting on 8 November 2005. This policy requires that applicants of development applications be required to meet all costs associated with replacing overhead wires with underground cables in the vicinity of the development site when the cost of works on the site exceeds $2 million.

 

The proposed Section 96 modification to delete Condition No. 53 fails to comply with provisions of Council’s policy on undergrounding of cables adopted on 8 November 2005.

 

However, the applicant has raised the following relevant issues that support the deletion of condition 53.

 

·      The applicant has provided technical advice from the UEA that condition 90 to provide undergrounding of power lines and telecommunications cables will only marginally improve the visual impact of the development. 

 

·      The associated costs of underground cabling which will cost in the vicinity of $426,800, which equates to 5% of the total cost of works.

 

The applicant has also provided Council with technical advice from UEA electrical which is an organisation authorised to design and construct the Energy Australia network. The advice provided states

 

In our experience with past projects of a similar nature when EnergyAustralia are to be relocated underground, new street lighting columns are installed to maintain or improve the lighting levels being supplied to the adjacent road to conform to AS1158. Given that Anzac Parade is a road which is administered by RTA, these lighting levels will need to conform AS1158. By removing the existing wood poles along the site frontage the net result would likely require new street light columns to be installed. As such the net visual improvement to the site frontage will be minimal. The telecommunication assets may also require relocation as they are supported by two EnergyAustralia poles which are in close proximity to the development”. 

 

Notwithstanding the above, the deletion of condition 53 is not expected to significantly compromise the aesthetic appearance of the adjoining dwellings or the streetscape. Given that the St. Spyridon College High School is located along Anzac Parade, the wide road separation will reduce its visual impact and will not detract from the desired character of the proposed development. Further, given that new street lighting columns are necessary to replace existing street lights it would be unreasonable in this instance to request the applicant cover underground power cable costs when lighting power poles are still necessary along Anzac Parade.

 

The undergrounding of the cables in the vicinity of the site would only occur along Anzac Parade in front of the site. There will be less likelihood of power lines being relocated underground on the opposite side of Anzac Parade in the future as the existing residential development and zoning on these frontages are predominantly low scaled dwelling house developments in a Residential 2A and 2B zone and therefore, would be unlikely to accommodate developments in excess of the current $2 million dollar threshold. In view of the above, the applicant’s request to delete condition No. 53 is supported.

 

The proposal will continue to comply with the objectives of the RLEP 1998 (consolidation) and will continue to accommodate development for educational purposes.

 

8    Section 96 Assessment

 

Under the provisions of Section 96(1A), a consent authority may modify a development consent if it is satisfied that the development to which the development as modified is substantially the same development as the development for which the consent was originally granted; and has considered any submissions made concerning the proposed modifications.

 

8.1      Substantially the Same Development:

 

In accordance with Section 96 of the Environmental Planning and Assessment Act, 1979 the proposed changes, physically, are considered minor and will result in a development that is substantially the same as the originally approved development. As such they can be assessed under Section 96 of the Act. In light of the advice provided by the applicant’s consultant, the amount of visual improvement along Anzac Parade for underground power lines and communication cables at 1130 Anzac Parade will be minimal and will outweigh the associated costs of underground power cables. Further, the deletion of condition 53 is supported for the reasons outlined in Section 7.2 above. The proposed deletion of the requirement for undergrounding of cables in condition No. 53 will not result in any significant adverse impacts on the amenity of the immediately adjoining properties or the locality in terms of privacy, solar access and views.

 

8.2      Consideration of any submissions:

 

As indicated in Section 5 above, as the application is made under Section 96(1A) of the Environmental Planning and Assessment Act 1979, which relates to modifications\ which have minimal environmental impact, formal notification of the proposal is not necessary under Council’s Development Control Plan for Public Notification of Development Proposals.

 

9    Environmental Assessment

 

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5: Excellence in urban design and development.

Direction 5a: Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The modifications proposed as part of this application do not alter the form and nature of the approved mixed use development. Having regard to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the proposed deletion of the requirement for undergrounding of cables in condition No. 53 is considered to result in a development that remains substantially the same as the development for which the consent was originally granted. It is therefore considered that the modification to the original development consent is reasonable.

 

 

Recommendation

 

That Council, as the responsible Consent Authority grant consent under Section 96 of

the Environmental Planning and Assessment Act 1979 to modify Development consent No DA/524/2008 for permission to modify approved development by amending Condition No. 53 of the original consent relating to underground cabling at 1130 Anzac Parade, Maroubra, in the following manner:

 

·      Delete Condition No. 53

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                 12 July 2011

 

 

Development Application Report No. D76/11

 

 

Subject:                  198 Malabar Road, South Coogee (DA/123/2011)

Folder No:                   DA/123/2011

Author:                   Louis Coorey, Environmental Planning Officer     

 

Proposal:                     Substantial alterations and additions to existing dwelling including garage and driveway at basement level, new first floor and extension of ground level including verandahs at front and rear.

Ward:                      East Ward

Applicant:                Design Studio

Owner:                         Mr P Savva and Mrs K Savva

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The proposal is for a substantial alterations and additions to existing dwelling including garage and driveway at basement level, new first floor and extension of ground level including verandahs at front and rear.

 

In accordance with legal advice the semi-detached dwelling houses in the Residential 2A Zone should be classified as an attached dual occupancy and is therefore assessed against the standards under the RLEP 1998. In this respect, the proposed development seeks a floor space ratio of 0.56:1 (measured from the internal surface of the external walls) and exceeds the maximum floor space ratio standard of 0.5:1 by 12%. The applicant has submitted a SEPP 1 objection to the standard explaining why it is unreasonable and unnecessary for the standard to apply in the circumstances. None the less, this development application is referred to the Planning Committee because there is greater than 10% variation to the floor space ratio standard Clause 20F of the RLEP. It is important to note that a draft amendment to the RLEP, on exhibition between 17 May and 6 June 2011, seeks to clarify the definition of a dwelling house to include semi detached dwellings and remove the unnecessary application of the RLEP provisions. However, until such time as the draft amendments are gazetted, the subject dwelling and proposal continues to be classified as an attached dual occupancy and not a dwelling house, and the development standards contained in the Randwick Local Environmental Plan 1998 (Consolidation) continue to be applicable.

 

The main issues with the application include the location of the proposed garage forward of the main dwelling and its impact on the character of the streetscape along this side of Malabar Road which shows a prevalence for garages or parking to be located either under the main dwelling or hardstand parking. The proposed height of the development is also an issue as the proposal is higher than that of the first floor addition of the adjoining semi detached dwelling. There is also associated view loss from the rear neighbours approved development at No. 26 Nymboida Street.

 

Two submissions were received from the adjoining semi detached dwelling located at No. 200 Malabar Road and the adjoining rear neighbours property at No. 26 Nymboida Street. Their issues related to excessive overshadowing, view loss and privacy impacts. The issues have been suitably addressed in the body of this report.

 

The proposal has been altered via amended plans received by Council on 9 June 2011 in response to issues raised with the application. The main amendments include a garage set mostly under the existing dwelling and a reduced ridge height that is consistent with the adjoining semis ridge height. It is considered that these amendments have substantially addressed the issues raised by Council.

 

Overall, it is considered the proposed alterations and additions will satisfy the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies and will not result in any significant or unreasonable adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

Approval subject to conditions is recommended

 

2.    The Proposal

 

Substantial alterations and additions to existing dwelling including garage and driveway at basement level, new first floor and extension of ground level including verandahs at front and rear.

 

In response to Council request to address concerns related to location of the proposed garage, excessive overall height and potential loss of views, the applicant submitted amended plans received by Council on 9 June 2011. These plans are the basis of assessment. The main amendments include the following:

 

Increase in the proposed garages front setback so that it is located more in line with the existing dwelling above, thereby reducing its dominance on the adjoining semi and the streetscape character where garages are generally located under the main dwellings.

 

Alteration to roof form reducing the ridge height of the proposed first floor addition so that it is consistent with the ridge height of the adjoining semi detached dwelling. It is noted the reduction will suitably address the concern that the proposed development would result in an unreasonable adverse impact on the views from the approved development at No. 26 Nymboida Street adjoining the subject site at the rear.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the western side of Malabar Road. The site is presently occupied by an existing semi-detached dwelling. The semi detached dwelling adjoins the semi-detached dwelling located at No. 200 Malabar Road (a corner site) south of the subject site. This semi is elevated above street level as shown in the photo below. The site rises to the rear and has an irregular shaped allotment with the following dimensions:

 

·      13.88m frontage to Malabar Road

·      24.63m side boundary to the north

·      20.93 length of a an irregular boundary adjoining the semi detached dwelling at No. 200 Malabar Road

·      10.92m rear boundary length

 

Neighbouring the property to the rear is a semi-detached dwelling at No. 26 Nymboida Street. To the north is a single detached dwelling located at No. 196 Malabar Road which has a garage located at the lower ground floor level accessible off Malabar Road.

Aerial view of subject site.

 

Photo 1: Subject site

 

 

 

 

Photo 2: Adjoining semi detached dwelling at No. 200 Malabar Road

 

Photo 3: No. 26 Nymboida Street

 

 

Photo 4: Existing view from (likely) upper level of 26 Nymboida Street

 

4.    Site History

 

No history.

 

5.    State Environmental Planning Policy No 1 – Development Standards

 

The proposal seeks to vary the floor space ratio development standard contained within Clause 20F of the RLEP 1998 (Consolidation). This is addressed as follows:

Floor space ratio

A SEPP 1 objection has been submitted to Council, pursuant to Clauses 20F of RLEP 1998, regarding the 0.5:1 maximum FSR standard for 2A Zoned sites. The proposed variation is summarized in the table below:

 

 

Floor space ratio

Proposal

0.56:1 (155.3m2 ;16.7m2 of additional floor area sought)

Existing FSR

0.26:1

LEP development standard

0.5:1 (138.5m2)

Excess above LEP standard (excess above floor area)

12% excess (16.7m2)

 

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

 

Matter 1

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

 

FSR - Clause 20F

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

 

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

 

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

 

 

Assessment Officer’s Assessment

The proposed development exceeds the floor space ratio control however in the context of the existing locality which includes a number of semi-detached dwellings, and free standing dwellings of similar bulk and scale it cannot be argued that this development will be substantially out of keeping with the established character of the locality. Further, it is not considered that it can reasonably be argued that the proposed development will have any unreasonable or significant adverse impacts on the amenity of the adjoining properties or the locality regarding the sought bulk and scale. In particular, overshadowing impacts are largely shared across the subject site and the adjoining site to the south west without unnecessarily resulting in any excessive impacts on any one property. The proposed first floor addition exceeds the minimum first floor side boundary setback preferred under the DCP for Dwelling Houses. The proposed development complies with the height and landscaping provisions under the RLEP 1998. 

 

Overall, 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

 

It is considered that the proposal is satisfactory and compliance with the development standard is unreasonable and unnecessary.

 

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.”

 

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

 

The proposal is also consistent with the relevant objectives of Residential 2A Zone in that it will continue to maintain a single dwelling, which is consistent with the existing 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”.

 

Assessing Officer: 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 use of the site.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Assessing Officer: As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the siting and design 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.

 

Assessing Officer: 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.

 

Assessing Officer: 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.

 

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

 

Fifth

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

 

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

 

6.    Community Consultation

 

The proposal was notified to adjoining property owners for a 14 day period between 4 March 2011 to 18 March 2011, in accordance with the Randwick Development Control Plan – Public Notification. As a result of the notification, the following submissions were received:

 

1.     200 Malabar Road, South Coogee

2.     26 Nymboida Street, South Coogee NSW 2034

 

Objections

1.     200 Malabar Road, South Coogee

 

The issues raised in the submission are addressed as follows:

Issues

Comment

Significant shadowing of living areas at the rear of the 200 Malabar Road.  This shadowing will result in significant loss in hours of direct sunlight to existing living and entertaining areas.  We believe this level and impact of shadowing does not comply with state environmental and planning requirements.

 

The proposed development will result in additional overshadowing to the objector’s property, rear yard and northern part of their roof, however the level of overshadowing is considered to be largely unavoidable on the basis of the following:

·      The proposed bulk and scale is similar to the bulk and scale of two storey semi detached dwellings in the locality and if it wasn’t for the recent advice pertaining to the classification of the dwelling as an attached dual occupancy the proposed development would be subject to assessment under the Development Control Plan for Dwelling Houses and Attached Dual Occupancies where it would be compliant with the preferred maximum FSR solution for a site of this size;

·      The proposed ground level and first floor addition complies with the side setback solutions for attached dual Occupancy developments;

·      The proposed development complies with the maximum height standards under the RLEP;

·      The objectors dwelling does not contain any north facing living room windows except for a skylight which will retain complying levels of solar access;

·      The proposed development will extend only 1.38m beyond the rear of the existing dwellings rear boundary setback and the proposed rear boundary setback will continue to comply with the preferred minimum rear boundary setback under the DCP

·      The rear yard of the objectors site will receive solar access in the afternoon from 1pm onwards and

·      The overall bulk and scale of the development is not out of keeping with the general bulk and scale of other developed two storey semi detached dwellings in the locality.

Significant loss of personal privacy.  The proposed extension, coupled with windows overlooking the rear of the property, will have a significant impact on the usability of existing living and entertaining areas at the rear of 200 Malabar Road. The application as submitted, in our opinion, will have significant impact on the way space within the boundaries of 200 Malabar Road can be used and on the “liveability” and “privacy” of space we currently enjoy.

 

The only line of sight into the objector’s rear yard area would be from two upper level bedroom windows facing south west. These are considered to be low use rooms, which do not require additional privacy measures.

Extension of the rear wall of the house by more than 1m (from its current location) and the inclusion of a second level built to the perimeter of the new rear of house wall will have a significant impact on shadowing of 200 Malabar Road and in particular on the useable space immediately outside of the rear of this property and adjacent to 198 Malabar Road.  This courtyard is an active and heavily utilized living and entertainment space and reduction in the amount and hours of direct sunlight as a result of the 2 storey extension encroaching closer to the boundary line will significantly impact the liveable space and areas in 200 Malabar Road.

 

The proposed extension to the rear of the existing dwelling measures 1.38m.

It is acknowledged that there will be additional overshadowing to the rear yard of the objector’s property however this is largely unavoidable given the configuration of the site and the proposed development complies with the DCP for Dwelling Houses and Attached Dual occupancies having regard to the rear and side setbacks, maximum heights solutions.

The extension as described in 1 above will also overlook directly into our private living and entertainment space further impacting on the available liveable space in 200 Malabar Road.  We do not believe that our privacy will be maintained as a result of this proposal.

 

The only line of sight into the objector’s rear yard area would be from two upper level bedroom windows facing south west. These are considered to be low use rooms, which do not require additional privacy measures.

We did not see in the engineering and geotechnical report a clear and simple explanation mitigating the risk to 200 Malabar Road during the excavation period.

 

Appropriate conditions to support and protect the objectors dwelling and site are included in the proposed conditions of approval.

As these properties share a common wall we would like assurance that the applicant has sufficient insurance coverage in the case that the excavation and building works causes damage to the property at 200 Malabar Road.

 

This is a civil matter and not a relevant consideration under Assessment. Relevant matters including requiring a dilapidation report and adequate support of the structures during works are standard conditions included in the recommendation. 

We feel the submission does not adequately address issues of environmental impact, privacy and liveability of 200 Malabar Road.  Many of these concerns would be mitigated (not eliminated) by maintaining the existing rear wall of the premise and reducing the footprint of the proposed level 2 extension by moving the rear wall of the upper level extension away from the boundary with 200 Malabar Road.  While this will limit floor areas increase available at 198 Malabar Road we believe this would be in keeping with existing structures and would address concerns we have raised.

Whilst this would alleviate and reduce the level of overshadowing to the objectors rear yard it is not considered necessary given the proposed development is largely compliant with the majority of building design controls under the DCP for Dwelling Houses and Attached Dual occupancies and where non compliance occurs, it is not considered that the proposed development would be out of keeping with the bulk and scale of other developments in the locality having particular regard to two storey semi detached dwellings.

 

2.     26 Nymboida Street, South Coogee NSW 2034

 

The issues raised in the submission are addressed as follows:

Issues

Comment

Our objections include:

 

1. Overshadowing;

2. Loss of view;

3. Privacy

 

See comments below

Overshadowing (There is a real concern that our yard will experience excessive overshadowing thus depriving our children's enjoyment of the backyard);

 

The proposed development will not result in any significant increase in overshadowing on the objectors property.

Loss of views (including water views from DA approved second storey of 26 Nymboida St South Coogee) if the height of the proposed development is not amended.

It is acknowledged that there is a potential for loss of views to the objectors premises and the applicant has amended their application (via amended plans received 9 June 2011) reducing the overall height of the development from RL59.47 down to RL58.8 so that it is consistent with the ridge of the adjoining first floor addition at no 200 Malabar Road.

The amended application retains the originally proposed 2.7m floor to ceiling height for the first floor level which is higher than the 2.4m sought by the objector. This is considered acceptable on the basis that when compared with the approved first floor level at the objectors site (RL57.97) it means that the proposed development as amended would only rise to 0.83m above the approved first floor level at No. 26 Nymboida Street.

Overall, it is considered that the proposed development satisfied the view sharing criteria and would not result in any significant adverse impacts on the streetscape in so far as the elevated nature of the subject dwelling and adjoining dwellings means that the difference between the floor to ceiling heights of the respective first floor levels would not be immediately noticeable at street level.

Privacy impact.

The only line of sight into the objector’s rear yard area would be from two upper level bedroom windows facing south west. These are considered to be low use rooms and not considered to require added privacy measures.

 

Amended plans were not renotified because they involved a reduction in scale of the proposed development.

 

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 Engineering

The application was referred to Councils Development Engineering Section and the following comments were provided:

 

An application has been received for substantial alterations and additions to the existing dwelling including garage and driveway at basement level, new first floor and extension of ground level including verandahs at front and rear at the above site.

 

This report is based on the following plans and documentation:

·      Architectural Plans by Design Studio 407 dated 18th September 2008;

·      Statement of Environmental Effects by Design Studio 407 stamped by Council 1st March 2011.

·      Detail & Level survey by CBD Surveying Services dated 30th October 2010.

 


Garage/Driveway Comments

The 5.0m wide vehicle crossing is quite wide for the site and slightly exceeds the 35% of site frontage as specified in preferred solution S2 in Council’s DCP for dwelling houses. If the assessing officer so desires the vehicle crossing could be reduced  in width at the kerb alignment to 4.0m before tapering out to the required width at the front property boundary without affecting car manoeuvrability.

 

Landscape Comments

The only vegetation that will be affected by this application are the two, semi-established Banksia serrata (Saw Toothed Banksia’s), of around 4-5 metres in height on Council’s Malabar Road verge, which are part of a formal planting strategy in this area, appear in good health but fair condition due to topping away from the overhead wires by service authorities, and are covered by Council’s TPO.

 

The tree just beyond the southern site boundary, in front of the neighbouring property at no.200, should remain unaffected given its distance from the works (6-7m away), with only minimal conditions required to ensure its preservation in the streetscape.

 

The other tree, located centrally across the width of the site, is in direct conflict with the proposed crossing, and while Council does not object to its removal in this case as it is not an overly significant specimen, with the other trees of the same species and similar size in this area to minimise any loss of amenity in the public domain, the applicant will be responsible for covering all costs.

 

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    Building Sustainability Index: BASIX SEPP 2004.

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

 

The plans have been checked and they are consistent with the requirements indicated on the submitted BASIX certificate for DA stage.

 

Conditions of consent requiring the compliance of the development with the SEPP:BASIX have been included in the recommendation section of this report.

 

(b)    Randwick Local Environmental Plan 1998 (Consolidation)

The site is zoned No. 2A (Residential A Zone) under Randwick Local Environmental Plan 1998 (Consolidation) and the proposed development is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause 10 2A Zone

Clause 10 ensures that consideration is given to the impact of development within the 2A Zone on nearby development and uses in the locality. The proposed alterations and additions to the existing semi-detached dwelling and associated works will have minimal impact on existing surrounding development for the following reasons: -

 

·      The proposal has been designed in accordance with associated built form controls under the DCP for Dwelling Houses and Attached Dual Occupancies which have been assessed and found to be reasonable and acceptable. In this regard the resultant built form on the subject allotment at a maximum 2 storeys above natural ground level at the rear, which will contribute to the nature of existing residential development in the locality.

 

·      Appropriate conditions will be applied requiring adequate protection measures to be implemented to minimise any potential amenity impacts during the excavation and construction processes.

 

Clause 20E Landscaped area

Clause 20E(1) states that within zone 2A the minimum landscaped area for anything other than a dwelling house is 40% of the total site area. The proposed development complies with the minimum landscaped area required.

 

Clause 20F – Floor Space Ratios

Clause 20F (1) states that within zone No.2A the maximum floor space ratio for anything other than dwellings is 0.5:1. The proposed development seeks a floor space ratio of 0.56:1 (measured from the internal face of the external wall) and does not comply with this standard. As indicated in SEPP 1 objection comments under Section 5 of this report, it is not considered the development standard was intended to be applied to alterations and additions to semi-detached dwellings which are largely seen as single dwellings and more appropriately assessed against the building design criteria for dwellings under the Development Control Plan for Dwelling Houses and Attached Dual Occupancies. On this basis, the proposed development has a floor space ratio of 0.65:1 (measured from the exterior face of the external walls).

 

Nonetheless, it is considered that the proposed alterations and additions to the semi detached dwelling is consistent with the purpose of the standard and would not result in any unreasonable adverse impacts on the neighbouring properties, character of the streetscape or the wider locality.

 

Clause 20G Building Heights

Clause 20G(1)(3) states that within zone 2A the maximum height for a building other than a dwelling house within a 2A zone is 9.5m from any point on ground level with a maximum external wall height of 7m. The proposal complies with the overall height and external wall height limit.

 

Clause 40 Excavation and filling of land

Clause 40 of the RLEP contains provisions for excavation and filling of land. Bulk earthworks will be required to be undertaken as part of the proposed development to accommodate the proposed garage under the main dwelling. The proposed bulk earthworks will allow for functional car parking to be provided on site and will not result in any detrimental impact on the streetscape character which contains several sites with similarly configured garages. Standard conditions are also recommended to ensure that suitable soil retention and sediment control measures are undertaken during works on the site.

 

Therefore, the proposal is considered satisfactory in this regard and acceptable in relation to the provisions of Clause 40.

 

8.1 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

Provides total landscaped area of 60% with 43% being soft permeable landscaping. Complies

25m² of private open space provided.

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

Open space behind the building line.

20% of the site area is permeable.

Floor area

(Site area 273.1 m2) maximum FSR 0.5:1 

0.56:1

No see SEPP 1 section

Height, Form & Materials

External wall height maximum 7m

<7 m

Yes

External wall height to the rear maximum 3.5m.

n/a

n/a

Cut or fill maximum 1m.

>1m

No, appropriate conditions included to require adjoining land is adequately supported and dilapidation report being provided.

No excavation within 900 mm of a side boundary.

Acceptable.

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.

Complies

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

The proposed first floor addition will be larger than the adjoining semi’s, however it is considered acceptable on the basis that there is no existing symmetry between the semis. The existing first floor addition to the neighbouring semi is located forward of the main ridge line and the proposed first floor addition is not inconsistent with the objectives and performance requirements under the DCP having regard to the building design criteria for FSR, Height, Setbacks and landscaping solutions.

Further, it is noted that the proposed garage will be consistent with the garages located along the Malabar Road.

Building setbacks

Front setback average of adjoining dwellings or 6m

Acceptable

Rear boundary setback at least 4.5m

Complies

Side setbacks be 900mm at ground level.

Complies

Side setbacks be 1.5m at second floor level.

Complies

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.

Acceptable

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

Acceptable

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

Not required

Garages & Driveways

 

 

 

Garages & Driveways

(continued)

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

2 spaces

Yes

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

Complies

Driveway minimum width of 3m and side setback 1m

Appropriate conditions have been included in the recommendation section of this report to ensure the proposed driveway width; grade and dimensions comply with the relevant Australian Standards.

Driveway maximum width of 3m at the boundary.

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

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.

Complies

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

Does not comply, however considered acceptable having regard to the existing streetscape amenity.

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

Complies

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

Complies

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

There is additional overshadowing to the neighbours roof from after 12noon; however the angle of the sun during these afternoon periods would mean that the shadow will be cast over the lower roof form of the adjoining semi and not over the first floor roof form during the winter solstice.

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

No north facing windows on neighbouring site except for a skylight at the northern part of their roof. This skylight will continue to receive at least three hours of solar access during the winter solstice.

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

Due to the orientation of the site, there will be significant additional shadowing to the southern neighbours rear yard, however it is considered that this is largely unavoidable and largely a result of the sites configuration rather than the any unreasonable bulk and scale of the proposed development or dissimilar to the bulk and scale of first floor additions to semi’s within the wider Randwick Council area. It is noted that after approximately 1pm solar access will be retained to parts of their rear yard.

 

8.2 Council Policies

Randwick Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost

Between >$200,000

 

$350,000

1%

$3,500

 

9.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.

The proposal is consistent with the aims of RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

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

The application is consistent with proposed amendments to the Randwick Local Environmental Plan (LEP) 1998 (Consolidation) for definitions relating to ‘dwelling house’, ‘attached dual occupancy’ and ‘multi-unit housing’. In this respect, the proposed amendments would ensure that an assessment is carried out against the intended building design criteria for dwelling houses under the Development Control Plan for Dwelling Houses and attached dual occupancies rather than the standards under the RLEP applicable to anything other than a dwelling house.

 

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

The proposal generally satisfies the preferred solutions in the DCP Dwelling Houses and Attached Dual Occupancies, except where discussed in the key issues section of this report.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

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

 

The submissions received have been suitably addressed in the body of this report.

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

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

 

 

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

 

For the most part, the proposed development complies with the relevant assessment criteria and the objectives, performance requirements and preferred solutions of the DCP for Dwellings and Attached Dual Occupancies.  Where compliance has not been achieved, the proposal is considered to be acceptable and having regard to all relevant matters for consideration, the proposal will not result in any significant or unreasonable adverse impact upon either the amenity of the adjoining premises or the character of the locality. The subject 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 20F(1) 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/123/2011 to carry out substantial alterations and additions to existing dwelling including garage and driveway at basement level, new first floor and extension of ground level including verandahs at front and rear at 198 Malabar Road, South Coogee, 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

1122002 Issue B

Design Studio 407

14.02.11

9 June 2011

1122003 Issue B

Design Studio 407

14.02.11

9 June 2011

1122004 Issue B

Design Studio 407

14.02.11

9 June 2011

1122005 Issue B

Design Studio 407

14.02.11

9 June 2011

1122006 Issue B

Design Studio 407

14.02.11

9 June 2011

1122007 Issue B

Design Studio 407

14.02.11

9 June 2011

1122008 Issue B

Design Studio 407

14.02.11

9 June 2011

1122010 Issue B

Design Studio 407

14.02.11

9 June 2011

1122011 Issue B

Design Studio 407

14.02.11

9 June 2011

1122016 Issue B

Design Studio 407

14.02.11

9 June 2011

 

BASIX Certificate No.

Dated

Received

A104659

16.02.11

1 March 2011

 

 

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

2.       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

3.       The colours, materials and finishes of the external surfaces are to be consistent with the details received by Council on 1 March 2011.

 

Section 94A Development Contributions

4.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $350,000 the following applicable monetary levy must be paid to Council:   $3,500.00.

       

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

 

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

 

Compliance with the Building Code of Australia

5.       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

6.       Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority), certifying the structural adequacy of the existing structure to support the additional storey and upper floor alterations and additions.

 

Long Service Levy Payments

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

 

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

Security Deposits

8.       The following damage / civil works security deposit requirement must 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; and 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:

 

·           $600.00     -      Damage / Civil Works Security Deposit

 

The damage/civil works security deposit may be provided by way of a cash, cheque or credit card payment and is refundable upon a satisfactory inspection by Council upon the completion of the civil works which confirms that there has been no damage to Council's infrastructure.

 

The owner/builder is also requested 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.

 

To obtain a refund of relevant deposits, a Security Deposit Refund Form is to be forwarded to Council’s Director of City Services upon issuing of an occupation certificate or completion of the civil works.

 

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

 

9.       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:

 

·              50mm above the back of the existing concrete footpath at all points opposite, along the full site frontage.

 

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

 

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

 

Stormwater Drainage

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

 

12.     Stormwater runoff from the redeveloped portion of the site shall be discharged to the kerb and gutter along the site frontage by gravity (without the use of a charged system).

 

Landscape Conditions

 

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

 

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

 

Street Tree Removal

 

14.     The applicant shall submit a total payment of $699.25 (including GST) to cover the following:

 

a.       The cost for Council to remove, stump grind and dispose of the existing Banksia serrata (Saw Toothed Banksia) located centrally across the width of the site, in order to accommodate the proposed vehicle crossing as shown;

 

b.       Being the cost for Council to supply and install 1 x 25 litre street tree of the same species beyond the northern site boundary at the completion of all works;

 

c.       To compensate for the loss of amenity caused by the removal of this semi-established public tree for no other reason than to accommodate the development of private property.

 

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

 

The applicant must contact Council’s Landscape Development Officer on 9399-0613 (quoting the receipt number), and giving at least four working weeks notice to arrange for removal of the street tree prior to the commencement of site works, as well as upon completion, to arrange for planting of the replacement street tree.

 

Protection of Street Tree

 

15.     In order to ensure retention of the remaining Banksia serrata (Saw Toothed Banksia) tree located on Council’s Malabar Road verge, beyond the southern site boundary, in front of no.200 in good health, the following measures are to be undertaken:

a.       All documentation submitted for the Construction Certificate application must still show the retention of this street tree, with the position and diameter of both its trunk and canopy to be clearly shown on all drawings.

b.       The applicant is not authorised to perform any works to this street tree, and shall contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar such work appear necessary, with the applicant required to cover all associated costs with such work, to Council’s satisfaction, prior to the issue of a final occupation certificate.

 

c.       There is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within 3 metres of its trunk; or; placed in an area where these types of materials may runoff towards the tree, with all Site Management Plans needing to acknowledge these requirements.

 

d.       A refundable deposit in the form of cash, credit card or cheque for an amount of $750.00 shall also be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of this street tree.

 

The refundable deposit will be eligible for refund following the issue of a Final Occupation Certificate, subject to completion and submission of Council’s ‘Security Deposit Refund Application Form’, and pending a satisfactory inspection by Council’s Landscape Development Officer (9399-0613).

 

Any contravention of Council's conditions relating to the tree at any time during the course of the works, or prior to the issue of a final occupation certificate, may result in Council claiming all or part of the lodged security in order to perform any rectification works necessary, as per the requirements of 80A (6) of the Environmental Planning and Assessment Act 1979.

 

·      Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

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.

 

Energy & Water Efficiency

17.     The following energy efficiency and water saving measures are to be implemented in all new and upgraded building work and details included in the construction certificate:

 

a)    The consumption of water shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets.

 

b)    New external timber or metal framed and brick veneer walls and roofs are to be provided with insulation (i.e. bulk insulation and a reflective building membrane/reflective sarking/foil insulation), having a minimum total thermal resistance R–value of 3.0 in roofs and 1.5 in external walls.  The insulation and reflective building membrane is to be installed in accordance with the relevant requirements of the Building Code of Australia and the manufacturers details.

 

c)    New hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

Smoke Alarms

18.     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

19.     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

20.     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

21.     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

22.     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

23.     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

24.     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

25.     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

26.     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

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

 

27.     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.

 

28.     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.

 

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

29.     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

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

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

·          Randwick City Council’s Asbestos Policy

·          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

31.     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

32.     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

33.     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

34.     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

35.     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.

 

       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.

 

36.     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

37.     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

38.     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

39.     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

40.     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

41.     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

42.     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

43.     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.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·      Construct a concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site

 

46.     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.

 

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

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

 

External Lighting

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

 

·          The 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                                                                                                 12 July 2011

 

 

Development Application Report No. D77/11

 

 

Subject:                  6 Govett Street, Randwick (DA/358/2011)

Folder No:                   DA/358/2011

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to the existing dwelling, SEPP 1 Objection to floor space ratio

Ward:                      North Ward

Applicant:                J Rothwell

Owner:                         E & J Rothwell

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The application details alterations and additions to an “existing semi detached dwelling” to provide for a first floor addition. As per Council’s advice semi-detached dwelling houses in the Residential 2A Zone should be classified as an attached dual occupancy.

 

As the proposal is now classified as an attached dual occupancy and not a dwelling house the development standards contained in the RLEP 1998 (Consolidation) now apply. The proposal has a floor space ratio of 0.63:1 and exceeds the maximum floor space ratio of 0.5:1.

 

The application is referred to Council for determination as the proposal includes a SEPP 1 Objection that exceeds the standard by more than 10%. If the proposal was assessed under the provision of the DCP – Dwelling House the preferred solution for floor space ratio would be 0.59:1

 

The application details alterations and additions to the existing semi detached dwelling including a first floor addition. The main issue is the potential for any impact upon the amenity of the adjoining properties.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details alterations and additions to the existing dwelling to provide a new storage area within the existing garage, install new internal stairs connecting the garage with the ground floor level, minor internal alterations to the existing ground level to install flooring to the redundant stair void, new windows and bi fold doors to the rear of the dwelling and an upper level comprising three bedrooms and a bathroom. The proposal will provide for 41m of additional floor area to the dwelling.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the southern side of Govett Street and has a frontage of 16.605m a depth of 23.27m to the western and 33.53m to the eastern boundaries, the site has an area of 319m. The locality is residential and contains a mixture of terrace style dwellings, semi detached, free standing dwellings and multi unit housing development. The locality is a heritage conservation area known as the ‘North Randwick Heritage Conservation Area.’

 

4.    Community Consultation

 

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

 

5.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

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

 


Clause 20E Landscaped area

Development other than for the purpose of a dwelling house within a 2A zone must provide a minimum of 40% of the total site area as landscaped area. The proposal complies with this clause with 60% of the site provided as landscaping.

 

Clause 20F Floor Space Ratios

The maximum floor space ratios for buildings other than buildings erected for the purpose of a dwelling house within 2A zones is 0.5:1. This proposal has a total floor space ratio of 0.63:1 which exceeds the maximum in the control and a SEPP 1 Objection to this standard has been lodged by the applicant for consideration.

 

Clause 20G Building Heights

The maximum height for a building other than a dwelling house within a 2A zone is 9.5m from any point on ground level with a maximum external wall height of 7m. The proposal complies with both these controls in this standard with an overall height of 8.2m and an external wall height of 6.7m.

 

Clause 43 Heritage Conservation

This clause of the LEP requires that Council give consideration to the development with respect to the impacts that the development may have upon the heritage significance of the conservation area. The proposal has been considered by Council’s Heritage Planner who has advised that there are no major objections to the proposal as it will not detract from the integrity of the pair of semi detached dwellings and the low scale character of the heritage conservation streetscape.

 

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

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

 

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

 

 

Floor space ratio

Proposal

0.63:1 (201m2 )

LEP development standard

0.5:1 (160m2)

Excess above or less than the LEP standard

25% excess (41m2)

 

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

 

Matter 1

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

 

FSR - Clause 20F

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

 

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

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

 

The proposal is within the overall height limit, building footprint and complies with the soft landscaping requirements,

 

The proposed works do not alter the existing building footprint, setbacks of substantially alter the scale of the dwelling, when viewed from Govett Street,

 

A proportion of the gross floor area is calculated from within the basement level which is pre existing due to the topography of the site dropping 2-2.52, towards Govett Lane. This proposal does not attempt to convert this area as the accommodate is inadequate to ensure compliance with the standards provisions for light and ventilation for bedrooms,

 

The additions seeking a minor 0.60m height increase which is recessed from the public domain,

 

The appearance of the dwelling from Govett Street will remain similar to that which exists.

 

The proposal sits comfortably among the existing mixed diversity and streetscape of Govett Street and will not adversely impact Govett Lane due to the prominence of the newly built 4 storey apartment complex.

 

The floor space ratio is considerably below that of the neighbouring dwellings which occupy a significant proportion of their sites over 1 and 2 levels. The proposal retains a maximum length wall of 15m in comparison to 21m length wall of the neighbouring properties. Both No. 8 and 10 Govett Street also extend 7.5m forward of the front building line of No. 6 Govett Street.

 

The design, appearance and internal amenity of it’s neighbours in terms of visual and acoustic privacy and overshadowing,

 

The DCP for Dwelling Houses allows 0.6:1 for semi detached dwellings, which would represent a non compliance of only 0.03:1.

 

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

 

The proposed development exceeds the floor space ratio control however in the context of the existing locality which includes a number of other semi detached and free standing dwellings of similar bulk and scale and the large multi unit housing development directly behind it cannot be argued that this development will be substantially out of keeping with the established character of the locality.

 

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

 

Matter 2

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

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

 

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

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

 

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

 

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

 

Matter 3

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

 

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

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

 

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

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

 

Fifth

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

 

Comments:

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

 

5.2      Policy Controls

Development Control Plan Dwellings and Attached Dual Occupancies

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

60%

Yes.

25m² of private open space provided.

66m2 +

Yes

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

7.8m x 8.4m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

23%

Yes

Floor area

(Site area 319m2) maximum FSR 0.6:1 

0.63:1

See below

 

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

 

 

Height, Form & Materials

External wall height maximum 7m

6.7m

Yes

Cut or fill maximum 1m.

No more  than 1m

Yes

No excavation within 900 mm of a side boundary.

No

Yes

No excavation within 4m of a rear boundary.

No

Yes

Building setbacks

Front setback average of adjoining dwellings or 6m

No change

Yes

Rear boundary setback at least 4.5m

No change

Yes

Side setbacks be 900mm at ground level.

No change

Yes

Side setbacks be 1.5m at second floor level.

Up to 150mm from western side and 1600mm from eastern side boundaries

See below

 

The western boundary setback of the dwelling up to 150mm from the side boundary maintains the party wall and fire separation between the two semi detached dwellings and will not result in any impacts to the amenity of that adjoining dwelling.

 

 

Privacy

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

 

 

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

n/a

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

No reduction

Yes

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

Yes

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

No impact to solar collectors

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

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

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

No reduction

Yes

 

6.    Randwick Section 94A Development Contributions Plan

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200000

$ 330 000

1.0%

$ 3,300.00

 

7.    Environmental Assessment

 

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 


Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20F of Randwick Local Environmental Plan 1998, relating to Floor Space Ratio on the grounds that the proposed development complies with the objectives of the 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. 358/2011 for alterations and additions to the existing dwelling at  6 Govett Street, Randwick subject to the following 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

02

CJ

March 2011

17th May 2011

03

CJ

March 2011

17th May 2011

04

CJ

March 2011

17th May 2011

05

CJ

March 2011

17th May 2011

06

CJ

March 2011

17th May 2011

07

CJ

March 2011

17th May 2011

08

CJ

March 2011

17th May 2011

 

BASIX Certificate

No.

Dated

Received

 

A108176

21st March 2011

17th May 2011

 

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

2.       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

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

 

Details of the proposed paint scheme are to be submitted to and approved by Council’s Director City Planning in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction Certificate being issued for the development. Unpainted surfaces, eg brickwork/stonework are to remain unpainted and no applied finishes are to be used.

 

Section 94A Development Contributions

4.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $ 330 000, the following applicable monetary levy must be paid to Council:   $ 3 300.00.

       

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

 

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

 

Compliance with the Building Code of Australia

5.       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

6.       Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority), certifying the structural adequacy of the existing structure to support the new upper level addition.

 

 

 

Long Service Levy Payments

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

 

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

 

Stormwater Drainage

8.       A surface water/stormwater drainage system must be provided in accordance with the following requirements, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate:-

 

a)    Surface water/stormwater drainage systems must be provided in accordance with Part 3.1.2 of the Building Code of Australia (Volume 2);

 

b)    The surface water/stormwater must be drained and discharged to the street gutter or, subject to site suitability, the stormwater may be drained to a suitably designed absorption pit;

 

c)    Any absorption pits or soaker wells should be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance;

 

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

 

e)    Details of any proposed drainage systems or works to be carried out in the road, footpath or nature strip must be submitted to and approved by Council before commencing these works.

 

BASIX Requirements

9.       In accordance with section 80A(11) of the Environmental Planning & Assessment Act 1979 and clause 97A of the Environmental Planning & Assessment Regulation 2000, the requirements and commitments contained in the relevant BASIX Certificate must be complied with.

 

The required commitments listed and identified in the BASIX Certificate must be included on the construction certificate plans, specifications and associated documentation, to the satisfaction of the Certifying Authority.

 

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

 

Energy & Water Efficiency

10.     The following energy efficiency and water saving measures are to be implemented in all new and upgraded building work and details included in the construction certificate:

a)    The consumption of water shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets.

b)    New external timber or metal framed and brick veneer walls and roofs are to be provided with insulation (i.e. bulk insulation and a reflective building membrane/reflective sarking/foil insulation), having a minimum total thermal resistance R–value of 3.0 in roofs and 1.5 in external walls.  The insulation and reflective building membrane is to be installed in accordance with the relevant requirements of the Building Code of Australia and the manufacturers details.

 

c)    New hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

Smoke Alarms

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

 

Smoke alarms must comply with AS3786 – Smoke alarms and be connected to the consumer mains electric power supply and provided with a battery back-up.  Details of compliance are to be included in the construction certificate.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

 

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’, as applicable.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

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

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

 

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

 

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

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

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

 

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

 

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

 

Home Building Act 1989

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

 

Details of the Licensed Building Contractor and a copy of the relevant Certificate of Home Warranty Insurance or a copy of the Owner-Builder Permit (as applicable) must be provided to the Principal Certifying Authority and Council, in writing.

 

Dilapidation Reports

14.     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

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

 

Temporary Site Fencing

16.     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

17.     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

18.     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

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.

 

Site Signage

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

 

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

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

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

 

Public Safety & Site Management

23.     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.

 

a)     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.

 

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

 

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

 

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

 

e)     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.

 

Restriction on Working Hours

24.     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

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

25.     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).

 

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

26.     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

27.     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

28.     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

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

 

External Lighting

30.     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.

 

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

 

31.     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.

 

32.     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:

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

 

ADVISORY 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                                                                                                 12 July 2011

 

 

Development Application Report No. D78/11

 

 

Subject:                  6 Ivy Street, Randwick (DA/355/2011)

Folder No:                   DA/355/2011

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to existing semi detached dwelling, SEPP 1 Objections to floor space ratio and building height

Ward:                      East Ward

Applicant:                Cape Cod Australia Pty Ltd

Owner:                         S & E Ranson

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The application details alterations and additions to an existing semi detached dwelling to provide for a first floor addition. As per Council’s advice semi-detached dwelling houses in the Residential 2A Zone should be classified as an attached dual occupancy.

 

As the proposal is now classified as an attached dual occupancy and not a dwelling house the development standards contained in the RLEP 1998 (Consolidation) now apply. The proposal has a floor space ratio of 0.65:1 and exceeds the maximum floor space ratio of 0.5:1. The proposal also has a maximum height of 10.1m, and an external wall height of up to 7.39m which exceed the maximum control of 9.5m and 7m respectively.

 

The application is referred to Council for determination as the proposal includes a SEPP 1 Objection that exceeds the standard by more than 10%. If the proposal was assessed under the provision of the DCP – Dwelling House the preferred solution for floor space ratio would be 0.59:1

 

The application details alterations and additions to the existing semi detached dwelling including a first floor addition. The main issue is the potential for any impact upon the amenity of the adjoining properties.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details alterations and additions to the existing dwelling to provide for a new upper level containing two bedrooms a bathrooms and attic, and minor internal alterations to the existing ground level for a new kitchen and the enlargement of the existing rear deck. The proposal will provide for 47m of additional floor area to the dwelling.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the northern side of Ivy Street and has a frontage of 5.995m a depth of 30.805m/35m and an area of 196m. The locality is residential and contains a mixture of semi detached and free standing dwellings. The locality is within a conservation area known as ‘The Spot Conservation Area’.

 

4.    Community Consultation

 

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

 

4.1      Objections

 

Comment

Issue

10 Ivy Street Randwick

 

-There are concerns that the proposed upper level addition by extending above the ridge line of the dwelling will significantly change the appearance of the dwelling, will not minimise the bulk and scale of the impact on the streetscape and have a negative impact on the heritage values of the area.

 

 

 

 

 

 

 

 

 

 

 

 

-There will be additional overshadowing upon their property which will impact upon the effectiveness of the photovoltaic solar cells installed to the roof of their dwelling.

 

 

 

 

 

 

 

 

-An upper level addition is possible without raising the roof line, and could be accommodated within the original roof ridge line as other dwellings have done.

 

-A future addition to No.8 Ivy Street would result in an odd appearance and potential for water ingress to the dwellings at the roof junction.

 

 

 

 

 

The proposed upper level is sited well behind the main portion of the front of the dwelling with the front section of the addition is contained within the existing roof space. Also the existing appearance and integrity of the pair of semi detached dwellings are maintained from the streetscape frontage. The proposal has been assessed by Council’s Heritage Planner who has advised that the proposed upper level addition respects the low scale residential character of the area, is compatible with the character and scale of the buildings in the immediate vicinity and the new roof harmonises with those of the adjoining buildings.  The proposal is therefore consistent with the DCP No.22 – The Spot.

 

There will be overshadowing to the adjoining properties which arises because of the orientation of the sites on an east west axis and not because of an inappropriate design and therefore for the most part the additional overshadowing is unavoidable because of the site orientation. The degree of solar access to the adjoining properties otherwise complies with the minimum of 3 hours between the hours of 9.00am to 3.00pm on the 21st June. 

 

See comments above with respect to the design of the upper level.

 

 

 

A future upper level addition to the adjoining semi detached dwelling can readily be integrated with this new upper level. Stormwater disposal can be dealt with by a box gutter and flashing arrangement between the dwellings upon the party wall.

 

5.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

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

 

Clause 20E Landscaped area

Development other than for the purpose of a dwelling house within a 2A zone must provide a minimum of 40% of the total site area as landscaped area. The proposal complies with this clause with 46% of the site provided as landscaping as existing which is not proposed to be reduced by this proposal.

 

Clause 20F Floor Space Ratios

The maximum floor space ratios for buildings other than buildings erected for the purpose of a dwelling house within 2A zones is 0.5:1. This proposal has a total floor space ratio of 0.65:1 which exceeds the maximum in the control and a SEPP 1 Objection to this standard has been lodged by the applicant for consideration.

 

Clause 20G Building Heights

The maximum height for a building other than a dwelling house within a 2A zone is 9.5m from any point on ground level with a maximum external wall height of 7m. The proposal has an overall maximum height of 10.1m and an external wall height of up to 7.39m which do not comply with both the controls in this standard and a SEPP 1 Objection to these standards has been lodged by the applicant for consideration.

 

Clause 43 Heritage Conservation

This clause of the LEP requires that Council must not grant consent without considering the effect of the proposed development on the heritage significance of either a heritage item or heritage conservation area. In particular reference to the pitch and form of any roof, the style, size and proportions of any window or door openings and the colours, texture and style of materials used for the exterior of the building.

 

The subject site is with The Spot Conservation Area and the proposed alterations and additions to the existing dwellings have been considered in relation to the impact upon the significance of the conservation area. The proposed upper level addition respects the low scale residential character of the area and is compatible with the character and scale of the buildings in the immediate vicinity, and the new roof harmonises with those of the adjoining buildings.

 

Therefore, the proposed alterations and additions to the dwelling will not detract from the significance of the subject and adjoining dwellings and the heritage conservation area overall.

 

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

The proposal seeks to vary development standards contained within RLEP 1998. A SEPP 1 objection has been submitted to Council in relation to non compliance with the floor space ratio and building height controls in the LEP.

 

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

 

 

Floor space ratio

Proposal

0.66:1 (127m2 )

LEP development standard

0.5:1 (98m2)

Excess above or less than the LEP standard

30% excess (29m2)

 

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

 

Matter 1

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

 

 

FSR - Clause 20F

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

 

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

 

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

 

The resultant floor space ratio of the dwelling is not inconsistent with the objectives of the low density residential zone.

 

The proposal is compliant with the landscaping requirements of both the LEP and the DCP for Dwellings.

 

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

 

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

 

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

 

Matter 2

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

 

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

 

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

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

 

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

 

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

 

Matter 3

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

 

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

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

 

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

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

 

Fifth

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

 

Comments:

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

 

Pursuant to Clauses 20G (1) & (3) of RLEP 1998, the maximum height of buildings within 2A Zones is 9.5m overall and 7m external wall. The proposed variation is summarized in the table below:

 

 

Building heights

Proposal

10.1m maximum height and 7.39m external wall height

LEP development standard

9.5m maximum height and 7m external wall height

Excess above or less than the LEP standard

6% excess (0.6m) to maximum height and 5% excess (0.39m) to external wall height

 

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

 

Matter 1

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

 

FSR - Clause 20G

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

 

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

 

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

 

Given the topography of the site the proposal presents to the street as a two stories with the minor height variation being up to a maximum of 600mm for a total length of 3.6m, and the overall height is considered minor and in keeping.

 

The external wall height non compliance up to 390mm is not of great importance as it does not greatly affect the bulk and scale of the development.

 

The proposal is in keeping with the existing built form of the local area and the external wall height non compliance is not apparent in the public domain.

 

The proposal mirrors the form of development that has been carried out upon similar semis in the local area when viewed from the street and there is therefore no doubt that the proposed bulk and scale of the development is consistent with the built form of the surrounding developments on these sloping sites.

 

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

 

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

 

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

 

Matter 2

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

 

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

 

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

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

 

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

 

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

 


Matter 3

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

 

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

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

 

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

The building height development standards have not been abandoned or discarded by any decision or actions of Council.

 

Fifth

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

 

Comments:

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

 

5.2      Policy Controls

Development Control Plan Dwellings and Attached Dual Occupancies

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Floor area

(Site area 195m2) maximum FSR 0.65:1 

0.66:1

See below

 

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

 

 

Height, Form & Materials

External wall height maximum 7m

7.39m

Yes

 

The external wall height of the dwelling exceeds the preferred solution, however this arises primarily because of the fall of the site towards the rear and not because of any inappropriate building height, and in addition the resultant building height will not result in any unreasonable impact to the adjoining development.

 

 

Building setbacks

Front setback average of adjoining dwellings or 6m

No change

Yes

Rear boundary setback at least 4.5m

No change

Yes

Side setbacks be 900mm at ground level.

No change

N/A

Side setbacks be 1.5m at second floor level.

Up to southern side and 900mm from northern side boundaries

See below

 

The southern boundary setback of the dwelling up to the side boundary maintains the party wall and fire separation between the two semi detached dwellings and will not result in any impacts to the amenity of that adjoining dwelling. In relation to the northern boundary setback this maintains the setback of the existing ground level of the dwelling and is a similar setback to other adjoining and nearby semi detached dwellings and will not result in any adverse impact upon the amenity of the adjoining properties, particularly as this setback is to the southern side of the nearest dwelling.

 

 

Privacy

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

 

 

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

n/a

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

No reduction

Yes

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

Yes

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

There will be overshadowing to the adjoining properties which arises because of the orientation of the sites and not because of an inappropriate design and therefore for the most part the additional overshadowing is unavoidable because of the site orientation. The degree of solar access to the adjoining properties otherwise complies with the minimum of 3 hours between the hours of 9.00am to 3.00pm on the 21st June. 

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

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

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

No reduction

Yes

 

6.    Randwick Section 94A Development Contributions Plan

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200000

$ 138 826

1.0%

$ 1,388.25

 

7.    Environmental Assessment

 

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 


Conclusion

 

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

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20 F and 20G of Randwick Local Environmental Plan 1998, relating to floor space ratio and building height respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the 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. 355/2011 for alterations and additions to the dwelling at No. 6 Ivy Street, Randwick subject to the following 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

Sheets 1-6, Job No. 7289/11

Cape Cod

11/05/2011

13th May 2011

 

BASIX Certificate

No.

Dated

Received

 

A110538

14th April 2011

13th May 2011

 

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

2.       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

3.       The colours, materials and finishes of the external surfaces are to be consistent with the External Finishes and Colours Schedule dated 2nd May 2011 and submitted to Council on the 13th May 2011.

 

Section 94A Development Contributions

4.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $ 138 826, the following applicable monetary levy must be paid to Council:   $ 694.15.

       

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

 

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

 

Compliance with the Building Code of Australia

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

 

Long Service Levy Payments

6.       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

7.       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

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.

 

Energy & Water Efficiency

9.       The following energy efficiency and water saving measures are to be implemented in all new and upgraded building work and details included in the construction certificate:

 

a)    The consumption of water shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets.

 

b)    New external timber or metal framed and brick veneer walls and roofs are to be provided with insulation (i.e. bulk insulation and a reflective building membrane/reflective sarking/foil insulation), having a minimum total thermal resistance R–value of 3.0 in roofs and 1.5 in external walls.  The insulation and reflective building membrane is to be installed in accordance with the relevant requirements of the Building Code of Australia and the manufacturers details.

 

c)    New hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

Smoke Alarms

10.     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

11.     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

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, 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

13.     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

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

 

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

 

A Construction Noise Management Plan, prepared in accordance with the NSW DECC Construction Noise Guideline by a suitably qualified person, is to be implemented throughout the works.  A copy of the strategy must be provided to the Principal Certifying Authority and Council prior to the commencement of works.

 

Temporary Site Fencing

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

 

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

 

Temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

 

If it is proposed to locate any site fencing, hoardings or amenities upon any part of the footpath, nature strip or public place, a Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services before placing any item or article on the road, footpath or nature strip.

 

Construction Site Management Plan

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

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

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          provisions for temporary sanitary facilities;

·          location and size of waste containers/bulk bins;

·          details of proposed sediment and erosion control measures;

·          provisions for temporary stormwater drainage;

·          construction noise and vibration management;

·          construction traffic management details.

 

The site management measures must be implemented prior to the commencement of any site works and be maintained throughout the works, to the satisfaction of Council.

 

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

 

Demolition Work Plan

17.     A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures and relevant environmental/occupational health and safety requirements.

 

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

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

·          Details of hazardous materials (including asbestos)

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

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works will commence

·          Recycling, reuse and waste disposal of remediation materials

 

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

 

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

 

Notes

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

§  Refer to the conditions within the “Requirements During Construction & Site Work”, for further details and requirements relating to demolition work, removal of any asbestos and public safety.

 

Sydney Water

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

 

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

 

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

 

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

 

Public Utilities

19.     A Public Utility Impact Assessment must be carried out to identify all public utility services located on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the building works.

 

Documentary evidence from the relevant public utility authorities confirming that their requirements have been or are able to be satisfied, must be submitted to the Principal Certifying Authority prior to the commencement of any works.

 

The owner/builder must make the necessary arrangements and meet the full cost for telecommunication companies, gas providers, Energy Australia, Sydney Water and other authorities to adjust, repair or relocate their services as required.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

 

The following conditions of consent must be complied with during the demolition, excavation and construction of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity during construction.

 

Demolition Work Requirements

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

·          Occupational Health & Safety Act 2000 & Regulations

·          WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·          WorkCover NSW Guidelines and Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECCW/EPA Guidelines

·          Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·          Randwick City Council’s Asbestos Policy

 

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

 

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

 

·          Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005.  Details of the landfill site (which must be lawfully able to receive asbestos materials) must be provided to the Principal Certifying Authority.

 

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

 

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

 

Site Signage

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

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

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

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

 

Sediment & Erosion Control

23.     Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.  Details are to be included in the Construction Site Management Plan.

 

Public Safety & Site Management

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

 

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

 

a)     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.

 

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

 

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

 

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

 

e)     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.

 

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

 

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

26.     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).

 

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

27.     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

28.     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

29.     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

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

 

External Lighting

31.     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.

 

·          Consideration should be given by the owners of both halves of the semi detached pair to future replacement of the existing front fence with a more appropriate fencing type, such as timber pickets.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                 12 July 2011

 

 

Development Application Report No. D79/11

 

 

Subject:                  748 Anzac Parade, Maroubra (DA/85/2011)

Folder No:                   DA/85/2011

Author:                   Chahrazad  Rahe, Assessment Planner     

 

Proposal:                     Alterations and additions to the existing dwelling including new first floor level and deck at the rear of the dwelling

Ward:                      Central Ward

Applicant:                Michael Grimshaw

Owner:                         Betty Stampoulis-Lyttle & Richard Lyttle

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The subject application is referred to the Planning Committee for determination as it involves variation to the FSR development standard (of 0.5:1) under the LEP by more than 10% (being 33.16% or 35.27m).  If the application was assessed against the provisions of the DCP-Dwelling Houses which were the relevant controls prior to the new classification of semis, the allowable FSR would be 0.65:1, therefore, the non compliance for the FSR would not be as significant and would equate to approximately 2.43% (or 3.37m²) from the preferred solution in the DCP.

 

The subject application is for alterations and additions to the existing dwelling including new first floor level and ground level deck at the rear of the dwelling. To meet the requirements recommended by Council the applicant has revised the plans by increasing the front setback of the first floor level by 2.7m so that it is located behind the main front roof form of the existing dwelling, hence reducing the FSR on the site.  The assessment is based on the amended plans received by Council on 3 June 2011.

 

The site is located on the eastern side of Anzac Parade in Maroubra and has a frontage width and land area of 5.755m and 212.7m2 respectively. The locality is predominantly characterised by lower density multi unit housing developments; and attached and detached residential developments.

 

The application was notified from 21 February 2011 to 7 March 2011 in accordance with DCP – Public Notification of Development Proposals and Council Plans. In response to the notification, one submission was received.

 

The main issues in the submission related to the visual impact that the development will have upon the amenity of the adjoining objector’s property and streetscape, bulk and scale, overshadowing; and stormwater, flooding and structural concerns.

 

The site is located within Zone No. 2A (Residential A Zone) under RLEP 1998. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2A Zone, in that the development will provide for a built form that will positively contribute to the desirable attributes of the residential area and will not result in a significant impact upon the amenity of the existing adjoining and nearby residents.

 

The proposal has a floor space ratio of 0.67:1, which equates to 141.62m2 GFA. The proposal does not comply with the maximum permissible FSR of 0.5:1 under RLEP 1998. The applicant has submitted an objection under SEPP No. 1 stating that the breach will not result in significant adverse amenity or visual impacts on the area. The scale, proportion and massing of the proposed dwelling house are considered to be appropriate to the site and the surrounding built environment. The objection has been assessed and is supported.

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended.

 

The proposed development satisfies the relevant legislation, State policies and Local planning controls, and is recommended for approval. 

 

2.    The Proposal

 

The proposal is for alterations and additions to the existing dwelling including new first floor level containing two bedrooms, a study walk-in-wardrobe and bathroom.  On the ground floor level the proposal includes minor internal alterations and a new deck at the rear of the dwelling.

The applicant was advised that the proposed development needed to be redesigned so that the first floor level is setback behind the main roof form of the existing dwelling to minimise the impact on the streetscape and in order for the addition to integrate more positively with the adjoining semi-detached dwelling.

 

To meet the requirements recommended by Council the applicant has revised the plans by increasing the front setback of the first floor level by 2.7m so that it is located behind the main front roof form of the existing dwelling, hence reducing the FSR on the site. 

 

The amended plans were received by Council on 3 June 2011 and the assessment is based on these amended plans.

 

Note: The amended plans were not renotified as it was not considered that the changes made to the first floor level (which is a reduction in the size of the first floor level) will result in any unreasonable adverse impacts on the amenity of the adjoining properties or streetscape.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the eastern side of Anzac Parade between Holmes Street and Moverly Road in Maroubra and is presently occupied by an existing single storey semi-detached dwelling house. The subject site is irregular in shape and has a frontage width of 5.755m, a depth of 34.845m to the northern side boundary and a rear boundary of 7.03m.  The subject site has a total land area of 212.7m2.

 

The surrounding area is predominately residential in character and contains a mixture of single and two storey attached and detached dwelling houses and low density residential flat buildings.

 

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

 

A SEPP 1 objection has been provided by the applicant to justify the variation to the development standard for the FSR. 

 

Principles for assessing SEPP 1 Objections have been established in the NSW Land and Environment Court case, Wehbe v Pittwater Council [2007] NSWLEC 827. 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. The principles established in Wehbe v Pittwater Council are addressed below:

 

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

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

 

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

 

 

Floor space ratio

Existing building

0.65:1

Proposal

0.67:1 (141.62m2 )

LEP development standard

0.5:1 (106.35m2)

Excess above or less than the LEP standard

33.16% excess (35.27m2)

 

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

 

Matter 1

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

 

FSR - Clause 20F

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

 

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

 

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

 

-        The site coverage of the building (its footprint) remains unchanged.

-        The landscaped area & building heights easily comply with the standards.

-        The scale of the building in relation to adjacent buildings, (its semi-detached neighbour & block of units to the north) is in keeping with their bulk and scale.

-        The bulk of the upper storey addition in part sits behind retained ground floor hipped roof which reduces its apparent scale from the 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 proposed development will not be out of keeping with the nature of the surrounding development which includes numerous examples of multi unit housing development and attached and detached buildings that are of consistent bulk and scale.

 

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

 

The degree of non compliance with the control is not unreasonable given that majority of the additional bulk is located behind a substantial portion of the front roof form.

 

The proposal will not become a distracting visual element in the area and is not considered excessive in respect to bulk and scale.

 

The proposed development is considered to have a modest design that compliments the existing dwelling and will not overpower or unbalance the scale of the buildings on the site. The proposal is deemed to be compatible with the existing dwelling and the other residential buildings in the vicinity.

 

The development will maintain the desirable attributes of the established residential area and will not unreasonably compromise the amenity of existing residents.

 

As such, it cannot be argued that this development will be substantially out of keeping with the established character of the locality; and for the above reasons, the proposed FSR of the development is considered acceptable.

 

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

 

Matter 2

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

 

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

 

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

 

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

 

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

 

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

 

Matter 3

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

 

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

 

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

 

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

 


Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

The underlying objective or purpose of the standards is relevant to the subject development. As discussed above, the proposal is considered to satisfy the underlying purposes of the floor space ratio 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 compliance in this instance is unreasonable. The proposed floor space ratio will not result in detrimental streetscape or amenity impacts on the locality. The resultant built form and scale is compatible with the surrounding residential premises and represents a suitable development.

 

Fourth

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

 

Comments:

The FSR development standard 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 in effect would abandon the development standard prescribed in the LEP.

 

Fifth

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

 

Comments:

The existing Residential 2a zoning is not considered to be inappropriate for the locality.  

 

5.    Site History

 

There is no relevant history related to this development application.

 

6.    Community Consultation

 

The proposal has been notified in accordance with the Local Environmental Plan 1998. Amended plans were received reducing the scale of the development and therefore not requiring the development to be renotified.  The following submission was received:

 

6.1      Objections

750 Anzac Parade, Maroubra

Issue

Comment

The site is overdeveloped and the FSR does not comply with the maximum control permitted for the site.

The applicant has since revised the plans by increasing the front setback of the first floor level by 2.7m so that it is located behind the main front roof form of the existing dwelling.  This reduces the bulk and scale of the development and FSR on the site.

 

It is not considered that the proposal will become a distracting visual element in the area nor is it excessive in respect to bulk and scale.

 

The proposed development will be sympathetic and in keeping with the existing dwelling; and will not impact on the amenity of the attached dual occupancy or streetscape. The proposal maintains the footprint of the existing building and will not overpower or unbalance the scale of the existing and adjoining buildings.

 

The proposed development is considered to be of a modest design that compliments the existing and adjoining buildings and will not unreasonably impact on the amenity of the adjoining building at no. 750 Anzac Parade in terms of overshadowing, fresh air and privacy.

 

Further, the development will maintain the desirable attributes of the established residential area and will not unreasonably compromise the amenity of adjoining residents.

 

The proposed development does not respond to the streetscape, local context and building character of the area.

As discussed above, amended plans have been received reducing the bulk and scale of the development. The first floor addition is located behind a substantial portion of the existing front roof form and will integrate positively with the attached dual occupancy.

 

The proposed development will be sympathetic and in keeping with the existing attached dual occupancy and will not overpower or unbalance the scale of the existing and adjoining buildings.

The roof material proposed for the first floor level does not complement the adjoining dwelling.  The first floor addition will destroy the character and symmetry of the existing semi-detached dwellings.

As discussed above, amended plans have been received reducing the scale of the development by increasing the front building setback on the first floor level to a minimum distance of 10m from the front boundary to maintain the front roof form of the existing building. Also, the design of a flat roof form will in fact reduce the impact of the development and is not considered to unreasonably impact the environmental amenity of the streetscape or character of the existing attached dual occupancies.

The additional load on the common wall boundary will cause structural problems to the floor and brick foundation of 750 Anzac Parade. 

Suitable conditions have been included within the consent to protect the structural integrity of adjacent properties during construction.

 

The first floor addition will minimise the already poor sunlight in one of the bedrooms which is adjacent to the common wall boundary.

It is expected that there will be some additional overshadowing to the solar collector, north facing bedroom window and rear yard of the adjoining property at no. 750 Anzac Parade given the orientation of the site; however, it is not considered to be unreasonable to warrant refusal of the application as it limited to the afternoon and is largely unavoidable due to the width and orientation of the allotment. 

 

The proposal is considered reasonable and any overshadowing that may arise from the proposed development is because of the site orientation and not as a result of an inappropriate building design. Also, the external wall height of the building is less than 7m which satisfies the preferred solution of the DCP.

 

Therefore, it is considered that the development is reasonable given the orientation of the site and will satisfy the objectives and performance requirements of the DCP. 

Sufficient evidence has not been provided in relation to how drainage will be dealt with on the site.  Concerned that the flat roof proposed will increase the level of storm water run-off and flooding into their property.

A detailed drainage plan is not required by council at this stage of the assessment. However, appropriate conditions have been included to ensure that adequate drainage measures are provided for the premises, to maintain adequate levels of amenity and to avoid nuisance or damage to the adjoining premises.

6.2 Support

No supporting letters have been received for this 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:-

 

7.1    Development Engineers

This report is based on the following plans and documentation:

·      Edifice, drawing no. A01 – 09, job number 10215, dated November 2010.

 

Landscape Comments

Given the restricted site access and lack of off-street parking, Council is concerned that the 4 metre tall Eucalyptus sideroxylon (Ironbark) on the Anzac Parade verge may be damaged during the course of works, with protection measures and a refundable bond as security for compliance needing to be imposed so as to ensure its preservation in the streetscape, with relevant conditions provided.

 

While there is a small Citrus tree in the rear yard of the adjoining property to the south, 750 Anzac Parade, close to the rear of both dwellings, and against the common boundary, no objections are raised to pruning the overhanging branches where necessary in order to avoid conflict with the works.

 

Those small trees in the rear yard of the subject site, along the southern boundary, being from west to east, a group of Lilly Pillies and then a Loquat in the southeast corner, are all insignificant specimens, and too small for the provisions of Council’s TPO, so can be removed should the applicant wish as part of the works.

 

Despite the southern aspect of the semi-established Araucaria columnaris (Cooks Pine), which is located beyond the northeast corner of the site, in the rear yard of no.746, overhanging into this property, it will not be affected given its distance from the works, with conditions not required.

 

Civil Comments

Given the restricted site access, and in the interests of public safety, conditions in this report require that a detailed Construction Management Plan be submitted to, and be approved by Council, prior to the commencement of any site works.

 

RTA Comments

The site currently has no provision for off street parking, and despite Anzac Parade being dedicated as a State Road, this application does not propose any change to the current arrangement; and therefore, a referral to the RTA is not required in this case.

 

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:

 

Randwick Local Environmental Plan 1998

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

 

The proposal is consistent with the aims of RLEP 1998 and the specific objectives of the 2A zone in that the proposed built form will positively contribute to the desirable attributes of the residential area and will not result in a significant impact upon the amenity of the existing adjoining and nearby residents.

 

The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause 20E Landscaped area

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

 

Clause 20F Floor Space Ratios

The maximum floor space ratios for buildings other than buildings erected for the purpose of a dwelling house within 2A zones is 0.5:1.

 

The site has an area of 212.7m2 and a maximum gross floor area (GFA) of 106.35m2 is permissible. As identified in Section 5 of this report, the proposal has a total floor space ratio of 0.67:1 (141.62m²) which exceeds the allowable maximum permitted for this site as stipulated in the control.  A SEPP 1 Objection to this standard has been lodged by the applicant for consideration. The SEPP 1 assessment process concluded that the variation is not excessive and is supported in this application.

 

Clause 20G Building Heights

The maximum height for a building other than a dwelling house within a 2A zone is 9.5m from any point on ground level with a maximum external wall height of 7m. The proposal complies with both these controls in this standard with an overall height of 6.45m and external wall height of 6.05m.

 

9.1 Policy Controls

a.   Development Control Plan No. Dwelling Houses and Attached Dual Occupancies

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

 

Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

The proposal provides a total landscaped area of approx. 87.1m2, which equates to 41% of the site.

 

Yes

25m² of private open space provided.

 

Approx. 53.8m2

Yes

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

Approx. 7.03m x7.65m.

Yes

Open space behind the building line.

The principal private open space is located to the rear of the dwelling.

 

Yes

20% of the site area is permeable.

A total of 58.7m2 is provided as soft landscaped area, which equates to approx. 28% of the site.

 

Yes

Floor area

LEP requirement for dual occupancies is 0.5:1. 

0.67:1. Does not comply; refer to the justifications provided in the “SEPP 1” section of this report.

 

No. Refer the justifications provided in the “SEPP 1” above in Section 5 of this report.

Height, Form & Materials

External wall height maximum 7m

The dwelling has a maximum external wall height of 6.05m from the natural ground level.

 

Yes

External wall height to the rear maximum 3.5m.

n/a 

n/a

Cut or fill maximum 1m.

The cut and fill on the site does not exceed the maximum 1m.

Yes

 

No excavation within 900 mm of a side boundary.

There will be minor excavation within 900mm to the southern side boundary for the deck. 

No. However, suitable conditions have been included to ensure that excavations are appropriately supported.

 

No excavation within 4m of a rear boundary.

There is no excavation within 4m of the rear boundary.

 

Yes.

 

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

 

To the southern side boundary the first floor level is on the common wall boundary with no. 750 Anzac Parade.

n/a

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

The first floor addition is located behind a substantial portion of the existing front roof form and will integrate positively with the existing and other half of the attached dual occupancy.

Yes

Building setbacks

 

Front setback average of adjoining dwellings or 6m

The first floor addition is located behind a substantial portion of the existing front roof form and is setback 10m from the front boundary.

 

Yes

Rear boundary setback at least 4.5m

The dwelling is setback at least 4.5m from the rear boundary.

 

Yes

Side setbacks be 900mm at ground level.

Northern side boundary: The building and proposed rear deck is setback at least 900mm from the northern side boundary.

 

Southern side boundary: To the southern side the ground level addition is sited on the common wall boundary with no. 750 Anzac Parade.

 

Northern side boundary: Yes

 

Southern side boundary - No, See comments below.

 

 

Side setbacks be 1.5m at second floor level.

Northern side boundary: The first floor addition has a side setback of 1.11m from the northern side boundary.

 

Southern side boundary: To the southern side the first floor addition is sited on the common wall boundary with no. 750 Anzac Parade.

 

Northern side boundary: No, See comments below.

 

Southern side boundary - No, See comments below.

 

Side setbacks be 3.0m at third floor level.

n/a

n/a

The side setback controls aim to allow occupants and neighbours adequate natural lighting and ventilation.

 

Whilst the side setbacks to part of the development do not comply with the preferred solution requirements of the DCP, it is considered that the development will still comply with the relevant objectives and performance criteria of the DCP.

  

The first floor addition has a side setback of 1.11m from the northern side boundary and to the southern side is sited on the common wall boundary with no. 750 Anzac Parade not complying with the preferred solutions requirements of the DCP of 1.5m. Notwithstanding this, the proposal is considered satisfactory based on the following reasons:

 

·      The setback to the northern side boundary is consistent with the upper level setbacks of other dwellings in the street and will not adversely impact the streetscape.

·      With respect to the non-complying setback to the southern side boundary, the DCP allows for buildings to be sited less than the Preferred Solution Standard when it is proposed to extend an existing semi-detached dwelling or dual occupancy along the alignment of the common wall boundary and where it is demonstrated that the performance requirements are met relating to neighbour’s privacy and access to light, air and views.  The southern side of the addition is sited on the common wall boundary between No.’s 748 & 750 Anzac Parade.  Also, only a small portion of the addition extends further than the rear building line of the adjoining semi (approx. 750mm); this is acceptable and should not have an unreasonable environmental impact on the neighbouring dwelling.

·      The non compliant setbacks will not result in any unreasonable impacts to the adjoining dwellings in terms of privacy, access to daylight and fresh air.

·      The proposed development maintains the footprint and front roof form of the existing building. Also, the design of a flat roof form will reduce the impact of the development. Therefore, not adversely impact the environmental amenity of the streetscape or character of the existing dual occupancy.

 

For these reasons the non-compliant setbacks are acceptable and the proposal will still satisfy the objectives and performance requirements of the DCP.

 

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.

It is not expected that there will be any unreasonable adverse privacy impacts to the adjoining properties.  The new openings to the rear elevation will primarily overlook the rear yard of the subject site. 

 

The new openings to the front elevation will primarily overlook the street.

 

The new openings (W8, W6 & W5) to the north elevation on the first floor level are highlight windows. However, the window (W7) to the study on the first floor level on the north elevation may impose a privacy impact and therefore, it is recommended that the lower half of this window be fixed with obscure glazing to a height of 1.5m from the floor level to restrict overlooking.

 

The new openings on the ground level are off set appropriately from adjoining windows and will be adequately screened by the dividing fence.

 

Yes, where required conditioned to comply.

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

There are no direct views into the adjoining properties private open space as a privacy screen is proposed to the northern end of the proposed rear deck and to the southern end the rear deck will be adequately screened by the dividing fence.

Yes

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

Discussed above.

Yes, where required conditioned to comply.

 

Garages & Driveways

 

 

 

 

 

 

 

 

 

 

 

 

 

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

The existing dwelling currently contains 2 bedrooms and the proposal provides for a total of 4 bedrooms. Council’s DCP-Parking requires that 2 spaces be provided for a property with 3 or more bedrooms. No car space is provided on site.

 

Given the existing situation and due to site constraints it would be difficult to provide additional cars space without significantly compromising the front design of the existing dual occupancy.

 

There is adequate on street parking within the side streets and therefore, the deficiency of two car space is acceptable in this instance. Complies with the objectives & performance requirements.

 

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.

Majority of the rear yard of the subject site will still receive at least 3 hours of sunlight during 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.

There will be some additional overshadowing to the roof solar collector of the adjoining property at no. 750 Anzac Parade; however, it is not considered to be unreasonable as it is largely unavoidable due to the width and orientation of the allotment and that the subject property on it southern end is attached to the other half of the attached dual occupancy. 

 

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

There will be some additional overshadowing to the north facing bedroom window and rear yard of the adjoining property at no. 750 Anzac Parade; however, it is not considered to be unreasonable as it limited to the afternoon and is largely unavoidable due to the width and orientation of the allotment. 

 

The proposal is considered reasonable and any overshadowing that may arise from the proposed development is because of the site orientation and not as a result of an inappropriate building design. Also, the external wall height of the building is less than 7m which satisfies the preferred solution of the DCP.

 

Therefore, it is considered that the development is reasonable given the orientation of the site and will satisfy the objectives and performance requirements of the DCP. 

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

It is not considered that the additional overshadowing will have any unreasonable impacts on the neighbouring dwellings.

Yes

 

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

Environmental Planning Instruments

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

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

 

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

Not applicable

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

Refer to the “DCP” section of this report.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

 

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

The issues raised in the submission have been addressed in this report.

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

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

 

 

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 satisfies the objectives and performance requirements of the DCP for Dwelling Houses and Attached Dual Occupancies. The proposal will improve the amenity on the site and is consistent with the relevant purposes and objectives of Randwick LEP 1998 (Consolidation).  Subject to conditions, it is not considered that the development will give rise to any significant environmental impacts on adjoining properties, or have any unreasonable adverse impacts on the visual amenity and character of the street.

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standard in respect to non-compliance with Clauses 20F of Randwick Local Environmental Plan 1998, relating to floor space ratios, on the grounds that the proposed development complies with the objectives 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/85/2011 for alterations and additions to the existing dwelling including new first floor level and deck at the rear of the dwelling at No. 748 Anzac Parade, 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

A01a

Edifice Architects & Planners

November 2010

3 June 2011

A02a

Edifice Architects & Planners

November 2010

3 June 2011

A03a

Edifice Architects & Planners

November 2010

3 June 2011

A04a

Edifice Architects & Planners

November 2010

3 June 2011

A05a

Edifice Architects & Planners

November 2010

3 June 2011

A06a

Edifice Architects & Planners

November 2010

3 June 2011

A13 (Colour Scheme)

Edifice Architects & Planners

February 2011

15 February 2001

 

BASIX Certificate

No.

Dated

Received

 

A114131

1 June 2011

3 June 2011

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements:

 

a.           The lower half of the window (W7) to the study on the first floor level on the north elevation must be fixed to a minimum sill height of 1.5m above floor level and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

The following conditions of consent must be complied with prior to the issue of a ‘Construction Certificate’ by either Randwick City Council or an Accredited Certifier.  All necessary information to demonstrate compliance with the following conditions of consent must be submitted with the construction certificate application.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent conditions and to achieve reasonable levels of environmental amenity.

 

Consent Requirements

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

 

Section 94A Development Contributions

4.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $181,500, the following applicable monetary levy must be paid to Council:   $907.50.

       

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

 

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

 

Compliance with the Building Code of Australia

5.       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

6.       Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority), certifying the structural adequacy of the existing structure to support the additional storey.

 

 

Long Service Levy Payments

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

 

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

 

Drainage Conditions

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

 

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

 

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

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

 

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

 

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

 

Prior to the use of infiltration in rear draining lots (where there is no formal overland escape route to Council’s kerb and gutter/street drainage system),  a geotechnical investigation will be required to determine whether the ground is suitable for infiltration. Should rock and/or a water table be encountered within two metres of the proposed base of the infiltration pit, or the ground conditions comprise low permeability soils such as clay, infiltration may not be appropriate.

 

NOTE: Should the applicant be unable to obtain a private drainage easement over properties to the rear of the development site (to facilitate stormwater discharge in accordance with option b)); and ground conditions preclude the use of infiltration (Option c), consideration may be given to the use of a charged system or a pump out system to drain that portion of the site that cannot be drained by gravity to the kerb and gutter at the front of the property.

 

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

 

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

 

The pump system must also be designed and installed strictly in accordance with Randwick City Council's Stormwater Code.

 

12.     All pump out water must pass through a stilling pit prior to being discharged by gravity to the kerb and gutter.

 

BASIX Requirements

13.     In accordance with section 80A(11) of the Environmental Planning & Assessment Act 1979 and clause 97A of the Environmental Planning & Assessment Regulation 2000, the requirements and commitments contained in the relevant BASIX Certificate must be complied with.

 

The required commitments listed and identified in the BASIX Certificate must be included on the construction certificate plans, specifications and associated documentation, to the satisfaction of the Certifying Authority.

 

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

 

Energy & Water Efficiency

14.     The following energy efficiency and water saving measures are to be implemented in all new and upgraded building work and details included in the construction certificate:

 

a)    The consumption of water shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets.

 

b)    New external timber or metal framed and brick veneer walls and roofs are to be provided with insulation (i.e. bulk insulation and a reflective building membrane/reflective sarking/foil insulation), having a minimum total thermal resistance R–value of 3.0 in roofs and 1.5 in external walls.  The insulation and reflective building membrane is to be installed in accordance with the relevant requirements of the Building Code of Australia and the manufacturers details.

 

c)    New hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

Smoke Alarms

15.     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

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

 

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

 

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

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

 

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

 

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

 

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

17.     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

18.     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

19.     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

20.     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

21.     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

22.     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

23.     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

24.     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

25.     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

26.     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 (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the Principal certifying authority 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

27.     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

28.     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

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

 

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

 

b)  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

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

30.     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.

 

31.     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

32.     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

33.     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

34.     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

35.     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

36.     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

37.     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

38.     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.

 

Civil Works Conditions

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

 

39.     Prior to the commencement of any site works, the applicant must submit to, and have approved by, Council’s Director of City Planning, a detailed Construction Management Plan (CMP), which explains how site access will be gained, any machinery/trucks or similar that will likely be required and material storage areas, with the PCA to ensure that all works adhere to the requirements of the approved CMP.

 

40.     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.

 

41.     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.

 

Service Authority Conditions

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

 

42.     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.

 

43.     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.

 

Landscape Conditions

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

 

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

 

Pruning of neighbours tree

45.     Permission is granted for the selective pruning of those branches from the northern aspect of the small Citrus tree growing in the rear yard of the adjoining property to the south, 750 Anzac Parade, against the common boundary, where they overhang and need to be pruned in order to either avoid damage to the tree or conflict with the proposed works.

 

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

 

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

 

            Trees in rear yard

48.     While Council supports the retention of the group of trees in the rear yard, along the southern boundary (as shown on the submitted plans), in the interests of environmental amenity for both occupants and adjoining neighbours, the site inspection revealed that they are too small for the provisions of Council’s Tree Preservation Order, with conditions not able to be provided.

 

Protection of street tree

49.     In order to ensure retention of the Eucalyptus sideroxylon (Ironbark) located on Council’s Anzac Parade verge, near the southern site boundary in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show the retention of this street tree, with the position and diameter of both its trunk and canopy to be clearly shown on all drawings.

 

b.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar over public property must be directed towards the northern half of the site, so as to minimise root damage and future maintenance issues.

 

c.       The applicant is not authorised to perform any works to this street tree, and shall contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar such work appear necessary, with the applicant required to cover all associated costs with such work, to Council’s satisfaction, prior to the issue of a final occupation certificate.

 

d.       There is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble placed on the verge within 2 metres of its trunk (or in a location where these materials may wash or runoff towards the tree), with all Site Management Plans needing to acknowledge these requirements.

 

e.       A refundable deposit in the form of cash, credit card or cheque for an amount of $1,000.00 shall be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of this street tree.

 

The refundable deposit will be eligible for refund following the issue of a Final Occupation Certificate, subject to completion and submission of Council’s ‘Security Deposit Refund Application Form’, and pending a satisfactory inspection by Council’s Landscape Development Officer (9399-0613).

 

Any contravention of Council's conditions relating to the tree at any time during the course of the works, or prior to the issue of a final occupation certificate, may result in Council claiming all or part of the lodged security in order to perform any rectification works necessary, as per the requirements of 80A (6) of the Environmental Planning and Assessment Act 1979.

 

·      Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

 

OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health and environmental amenity.

 

External Lighting

50.     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                                                                                                 12 July 2011

 

 

Development Application Report No. D80/11

 

 

Subject:                  5 Wisdom Street, South Coogee (DA/837/2010)

Folder No:                   DA/837/2010

Author:                   GAT & Associates , Pty Ltd     

 

Proposal:                     Demolition of existing dwelling and construction of four level dwelling, swimming pool to rear, garaging and associated site works

Ward:                      East Ward

Applicant:                Draft Smart P/L

Owner:                         Mr M J Turner  & Mrs C M Turner

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

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

 

The application seeks Council approval for the demolition of an existing dwelling house and the erection of a part three/part four level dwelling. A basement level comprising of four car spaces is also proposed which due to the fall of the site will be partially concealed from public view. At roof level, a new indoor/outdoor room and front and rear terraces are proposed. A new in ground pool is proposed within the rear yard.

 

The subject site is a corner allotment having a frontage to Crana Avenue to the east and Wisdom Street to the north. The proposed dwelling has been designed to address Crana Avenue though its main pedestrian entry will be via Wisdom Street as per the arrangements of the existing dwelling located on the site.

 

The application was originally advertised from the 30th of September 2010 to the 14th of October 2010. During this notification period fourteen (14) submissions were received which primarily related to view loss, the proposed impact to the existing streetscape, floor space ratio and height.

 

As part of the assessment process, Council requested that height poles be erected on the subject site to evaluate the proposed impact of the development within the context of the site. These height poles were erected by the applicant and their location verified by a registered surveyor. Following site inspections by Council and consultation with the applicant, amended plans were subsequently submitted by the applicant in January 2011 to address the height concerns. Amendments were also made to improve the perceived bulk and scale of the dwelling from a streetscape perspective.

 

Council further requested that a photo montage be submitted indicating the potential view loss caused by the development with particular regard to neighbouring  properties located at 2 and 4 Pearce Street and 2 Crana Avenue. Amended plans were submitted in May 2011 which further reduced the proposed height and bulk of the building.

 

The application was then renotified from the 16th of May 2011 to the 30th of May 2011. During this period, eight (8) submissions were received which refer to potential view loss caused by the proposal, floor space ratio and height.

 

The site is zoned Residential 2A under the Randwick Local Environmental Plan 1998 (Consolidation). The proposed development is permissible subject to Council consent.

 

It is recommended that the application be refused due to concerns regarding the proposed bulk and scale and its impacts created by the proposed form. The report also acknowledges the areas in which amendments should be made for the proposal to be considered acceptable.

 

The Proposal

 

The proposal involves the demolition of an existing part one/part two storey detached dwelling on land known as 5 Wisdom Street, Coogee.

 

As stated the subject site presents to two street frontages. The principle street address is Wisdom Street to the north of the site however the site also has a frontage to Crana Avenue to the east.  Water views are attainable from the site to the north, north east and east.

 

The site has a considerable fall from the rear boundary (RL 28.01) to Crana Avenue (RL 21.81) of 6.2 metres. Given this fall, the proposed building will present in a vertical line, as three levels when viewed from the public domain however the building will be read as a four storey building as it steps up the site. To Crana Avenue the proposed dwelling will present as three storeys. The proposed indoor/outdoor room has been considerably setback from the front building alignment as viewed from Crana Avenue, However it is noted that the proposed siting of the indoor/outdoor level will be clearly visible from Wisdom Street, particularly in light of the exposed corner location of the site, creating the four level appearances.

 

Development in the area consists of part two/part three storey dwellings which are sited over garage levels due to the sharp slope of the area. Dwellings along Crana Avenue are typically provided with east facing balconies and terraces to maximise views to the water and the iconic Wedding Cake Island to the north east.

 

Surrounding development has been constructed in response to the constraints of the area, primarily being the slope of the land with dwellings gradually stepped down in height and upper levels setback from the street boundary to maximise and encourage view sharing. Buildings in the immediate area present as two storeys however three storey buildings do exist further to the north along Alexandria Parade.

 

The proposal provides for the following configuration:

 

Basement/Garage Level:

Vehicular access will continue to be via the Crana Avenue street frontage as per the existing dwelling on the site. The level will accommodate four (4) car spaces in a stacked formation. Given the fall of the land, the majority of the basement level will be concealed from public view.

 

A store room, wine cellar, WC, machinery and plant room are also proposed within this level. A lift and stairwell will provide for access to the upper levels.

 

Landscaping works are proposed to the Wisdom Street and Crana Avenue frontages.

 

Ground Floor:

The main pedestrian entrance to the dwelling will be via the Wisdom Street frontage. The level will also include a kitchen, living and dining room which will lead to a front terrace which wraps around the building to address both street frontages. The terrace has been designed to be built to the boundaries at both street frontages and includes an alfresco dining area to the Wisdom Street frontage adjoining the front entry.

 

A family room, WC and laundry have been proposed to the rear of the level. Access to the rear yard may be achieved directly from the family room and laundry. Stairs from the rear yard will lead to the proposed lap pool which is elevated above the lawn area due to slope of the site.

 

Landscaping works are proposed to both Street frontages.

 

First Floor Plan:

Four (4) bedrooms are proposed to this level and a separate bathroom. Bedrooms 1 and 4 will be provided with separate ensuites. A walk-in-robe is also proposed to Bedroom 1.

 

Two balconies are also proposed at this level. The proposed balcony to Crana Avenue can be accessed via bedrooms 1 and 2 and due to the irregular front boundary, the northern corner of the balcony has been built to the front boundary where Crana Avenue and Wisdom Street meet. A second balcony, accessible by bedrooms 3 and 4 will be built to the Wisdom Street boundary.

 

Roof Level:

At roof level, a new indoor/outdoor room is proposed which as stated has been considerably setback from the front building alignment. The room is to be constructed primarily of glass and will present as a lightweight structure. A roof terrace is also proposed overlooking Crana Avenue which has been considerably setback from the front boundary while a balcony is also proposed to the rear elevation that has been orientated to the rear yard of the subject site.

 

2.    The Subject Site and Surrounding Area

 

The site is located on the corner of Wisdom Street and Crana Avenue, Coogee. The site is zoned Residential 2A and is adjoined by residential dwellings.

 

The property contains an existing part one/part two storey dwelling. The site is generally rectangular in shape apart from the north eastern corner of the site which cuts in towards the site. This results in a frontage to Crana Avenue of 5.38 metres due to the corner splay. The depth of the site varies from 31.8 metres along the northern boundary (Wisdom Street) to 35.71 metres along the southern boundary. The submitted plans show the site has an overall area of 347.3m².

 

Surrounding development is of a residential nature and comprises of typically two and three storey residential dwellings. Properties located along Crana Avenue and Alexandria Parade have direct easterly and north easterly views of the ocean  whilst properties located along Pearce and Wisdom Streets due to the fall of the land have views to the ocean and to Wedding Cake Island over and above the properties along Crana Avenue.

 

 

 

 

 

3.    Site History

 

Property Applications:

BA/888/1959        Studio Addition Folio

BA/932/1965        Balcony Enclosure to DA

DA837/2010                Amended plans reducing height by 750mm, reduction in size of rooftop indoor/outdoor room, removal of pergola and BBQ area from roof, reduction in external parapet height and relocation of roof top level balustrade in from external wall  by 1.5,. Original proposal: Demolition of existing dwelling and construction of four level dwelling, swimming pool to rear, garaging and associated site works.

 

4.    Community Consultation

 

The proposal has been notified in accordance with the DCP - Notification. The application was initially notified from the 30th of September 2010 to the 14th of October 2010. During this notification period fourteen (14) submissions were received.

 

The application was then renotified from the 16th of May 2011 to the 30th of May 2011 where eight (8) submissions were received. The submissions primarily relate to the potential view loss that may be caused by the proposed development and non-compliances with the required floor space ratio and height controls.

 

The following submissions were received:

 

Objections

1.     22 Alexandria Parade

2.     2 Crana Avenue

3.     4 Crana Avenue

4.     57 Denning Street

5.     33 Hendy Avenue

6.     2 Pearce Street

7.     4 Pearce Street

8.     3 Pearce Street

9.     5 Pearce Street

10.   6 Pearce Street

11.   2 Wisdom Street

12.   3 Wisdom Street

13.   6 Wisdom Street

14.   Coogee Precinct Committee

 

Issue

Comment

A number of submissions raised that the proposed development will be excessively bulky particular in light of its exposed corner location and is not in keeping with immediate developments.

 

 

 

 

 

 

 

 

 

The proposed top floor (roof terrace) is out of context and does not reflect the scale and rhythm of existing dwellings along Crana Avenue and Wisdom Street .

 

The development proposes a part cement rendered part frosted glass panel to the balconies which will appear quite solid when viewed from the street and will increase the bulk of the building and limit views to the water from adjoining properties.

 

 

 

 

 

 

 

 

 

 

 

Proposal should be further setback from the Crana Avenue frontage to retain view lines and promote vehicle and pedestrian safety.

As part of the assessment process, the proposed floor space ratio has been calculated in accordance with Council’s controls and has been detailed within this report. Although in its current form the proposal is considered unacceptable, a number of suggested amendments have been recommended that will assist in reducing the visual bulk of the dwelling as viewed from the public domain.  Should these amendments be met by the applicant then the proposed bulk and scale would be considered acceptable.

 

Council officers are in agreement to this concern and the deletion of this level is recommended.

 

 

This concern is supported by Council officers. Should the applicant seek to submit an amended scheme, it is recommended that the proposed balustrading and infill panels to all balconies and terraces be amended to reflect clear glass panels to create a more articulated façade through the introduction of a lighter building element and to open up view lines, particularly along Crana Avenue. The introduction of clear glass panels and balustrading would further align with the established streetscape along Crana Avenue and Wisdom Street. The clear glass panels will also assist in reducing the bulk and scale of the development.

 

The front facade generally aligns with the building alignment along Crana Avenue. The balcony/terrace also aligns with other terraces, which are forward of the building alignment. The garage door is located some 5.7 metres off the boundary line and thus, view lines for pedestrian and vehicle safety is considered acceptable.

The proposed floor space ratio substantially exceeds the scale of nearby development.

 

 

 

 

 

 

 

 

 

Decks and terraces above 1m have not been included in the floor space ratio calculation though required by the Development Control Plan. Furthermore, not all relevant floor areas within the dwelling have been included in the calculation.

 

The potential exists for the development to be converted into a dual occupancy development.

 

 

 

 

Balconies have been proposed with a nil setback to the northern boundary which will negatively impact upon the streetscape.

 

 

 

 

 

 

 

 

 

 

 

 

The proposed southern setback does not comply with the required 3 metres as per the Development Control Plan.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The proposed building will extend beyond the established rear alignments of existing dwellings along Crana Avenue.

Council officers are in support of this concern. Suggestions have been made in reducing the floor space ratio within the context of the site together with other changes that have had specific regard to the constraints of the site, namely the relatively smaller site area and narrow frontage to Crana Avenue. Should these recommendations be adopted in a revised scheme then the proposal would be considered acceptable.

 

As part of the assessment process, the proposed floor space ratio has been recalculated as per the definition of gross floor area as defined by the relevant Development Control Plan. An analysis of the development has been made based on these revised calculations.

 

The application before Council has been presented as a single dwelling house and has been assessed in this manner. Any alternative use would require an approval and consideration by Council in which an assessment would be made at that time.

 

Recommendations have been made which include the deletion/reduction in the size of several balconies particularly along the northern elevation. Should the applicant seek to amend their plans, the proposed design solutions as recommended will provide for improved setbacks to the northern balcony, improve articulation of the building, reduce bulk and scale and provide for increased landscaping opportunities along this boundary. These changes will be detailed in the body of the report. However, in its current form, the proposal cannot be supported.

 

It is considered that the scale of the development aligns with the design of adjoining elements with regard to this particular elevation. The proposed windows at first floor level to this elevation are to non-habitable spaces resulting in negligible privacy impacts to the adjoining southern property. The potential exists to provide landscaping along this boundary to create an additional screening device/soften the appearance of the dwelling. Given the site is a corner allotment and is narrow, compliance is not achievable and the proposed setbacks align with neighbouring properties.

 

As stated, recommendations have been made to reduce the scope of the building.

The proposed rear alignment creates no unreasonable impacts to the neighbours in terms of privacy and overshadowing. With the deletion of the roof level, the overall bulk of the development as viewed from the rear yards of the neighbours are considered acceptable.

 

The development proposes four storeys which exceeds the scale of development in the area which is typically two and three storeys.

 

 

The proposal exceeds Council’s 7m wall height control.

 

There exists the potential to reduce floor to ceiling heights to achieve a more compliant development.

 

The approval of the proposed height could set a new precedent for developments in the area.

 

Council officers are seeking the deletion of the proposed rooftop level with other changes that will reduce the buildings bulk and scale. The resulting development would comprise a three storey development that is consistent with the building form in the area which negates the need to reduce the proposed floor to ceiling heights.

The proposed indoor/outdoor room and associated terraces will result in excessive overlooking to adjoining properties, particularly in light of the sloping nature of the site which will allow the proposed roof terrace to the subject site to match the bedroom levels of adjoining properties.

 

The proposed terraces to the front and rear of the indoor/outdoor room will result in excessive noise.

 

The proposed lap pool is sited in proximity to the rear boundary and will result in unacceptable noise and privacy impacts to the western neighbour.

As stated, Council officers are of the opinion that the proposed rooftop level and its associated terraces be deleted from the design should the applicant choose to submit amended plans however in its current state the application cannot be recommended for approval. Their deletion being based in part from a visual privacy perspective but principally from an acoustic privacy impact.

 

 

The siting of the proposed pool is considered to be appropriately sited given the changing levels within the rear yard. Given that the rear neighbour is sited at a higher level than the subject site, the location of the pool will not result in any undesirable outcome.

 

A State Environmental Planning Policy 1 was not submitted to address non-compliances.

 

 

 

 

The submitted Statement of Environmental Effects presents misleading figures with regard to floor space ratio and landscaped areas.

The majority of non-compliances are in relation to controls found in the development control plan and therefore do not require the submission of a State Environmental Planning Policy 1 objection.

 

As stated, the proposed floor space ratio calculation has been recalculated based on Council’s definition and the assessment conducted using these figures.

 

No landscape plan was submitted as part of the application. It was raised that the proposed landscape figures do not reflect the site.

This assessment has been made based on landscaping works shown on the submitted architectural plans and as stated within the submitted Statement of Environmental Effects.

 

Should the applicant choose to proceed with a new application, a formal landscape plan will be requested at that stage.

 

The proposed height of the dwelling will result in a view loss to properties along Wisdom Street to the rear of the subject site.

 

 

 

 

The proposed bulk and scale of the dwelling will limit/restrict views to the headland and Wedding Cake Island. These views are currently accessible from a standing and sitting position in some cases.

 

North and north easterly views of the water available from Crana Avenue are retained due to the consistent front setbacks of the dwellings. The proposal seeks to encroach onto this setback.

 

Proposed first floor terrace to Crana Avenue will hinder views to Wedding Cake Island and the headland to southern properties.

 

The submitted view analysis montage submitted by the applicant highlights the views to properties along Pearce Street will be partially and in some cases completely lost.

 

As stated, recommendations have been made to reduce the scope of the building and to improve view lines, notably along Crana Avenue. Should the applicant choose to proceed with the proposal these changes should be integrated as part of the revised scheme.

 

The deletion of the roof level will protect views of the Wedding Cake Island from properties that have this view from critical living areas. The head land in part will be lost in any redevelopment of this site. The recommended changes results in a building that is acceptable when assessing the impacts to the neighbours, however, in its current form, the proposal is not acceptable.

 

Solar access will be substantially reduced to adjoining western and southern properties in light of the proposed height.

 

In addition, the loss of sunlight will detrimentally impact upon the performance of solar panels located on the adjacent property.

As stated, recommendations have been made to reduce the scope of the building in its form. The degree of overshadowing is not considered unacceptable and the amendments will further reduce overshadowing.

Several of the numerical values differ between the plans and the BASIX certificate.

 

The submitted BASIX certificate does not reflect the scale of the development.

The proposed BASIX certificate provides for extensive energy and water inclusions to facilitate a compliant development. The BASIX certificate will need to be reassessed due to the changes recommended at which time the figures will be clarified.

The cost break up submitted with the application is incomplete and does not accurately reflect the extent of the proposed works.

Should the applicant choose to proceed with the development, a detailed cost break up will be requested.

A geotechnical report should be submitted which details the proposed excavation works to create the basement level.

Should the applicant choose to proceed with the development, a geotechnical report will be conditioned prior to the issue of a construction certificate as the excavation is considered minor.

The proposed double gate shown on the northern elevation may be used as a second driveway and will reduce on street parking.

The amended plans do not clearly show if these are gates or not. The level of the footpath does not allow vehicle access and should these be gates, no objections are raised as it allows access to the rear yard if required. In addition the siting/layout of the ground floor of the building will not allow for any additional parking to be provided to the northern elevation.

 

The owners of 3 Pearce Street were not notified of the development.

The application was notified to twenty two (22) properties which were identified as being possibly directly affected. The application was notified in accordance with Council’s policy.

 

The proposed works do not align with the objectives of the 2A Residential zone which promotes consistency with existing developments and to protect the amenity of existing residents.

 

This position is supported and detailed analysis has been provided within this report.

 

5.    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:-

 

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

 

This report is based on the following plans and documentation:

·      Architectural Plans by Draftsmart dated 15th June 2010;

·      Statement of Environmental Effects dated August 2010

 

Driveway Issues

The assessing officer is advised that an assessment of the vehicle access by the Development Engineer has revealed issues that need to be addressed prior to issuing development consent and are summarized as follows;

 

1.     The submitted plans indicate the garage floor level to be RL 22.50. The driveway must then grade from this level to the front property alignment and an examination of probable grades has revealed that the driveway will exceed Council’s maximum grade requirements especially along the northern edge of the driveway.

 

2.     The submitted plans indicate some spot levels which do not make sense and need to be reviewed if they represent final design levels. For example levels in the middle of the driveway are given as RL 22.61 and RL 22.59. This would mean that the driveway leaving the proposed garage would initially have to go up before descending again to the front property alignment. This is not a practical design and needs to be reviewed

 

For Development Engineering to continue assessment of this application the following is required.

 

§ An amended driveway design that fully complies with Council requirements and Australian standard 2890.1:2004.

The driveway grade must not exceed a grade of 1 in 8 (12.5%).

 

§ Long sections of driveway along the centreline and northern edge of driveway between kerb line and garage shall be submitted that demonstrate compliance with Council’s requirements.

Note: The applicant shall adopt a level of 50-120mm above the kerb level opposite at the front property alignment.

 

The assessing officer is also advised that to comply with above requirements the garage floor level may need to be lowered which may impact on the dwelling design. Further amended plans may therefore be required.

 

The amended scheme has been referred to Council’s engineers and it has been found that the changes have addressed in part the concerns and although there is a minor non compliance with levels to the northern extremity of the driveway, it is not considered critical.

 

6.    Master Planning Requirements

 

No Master Planning requirements apply to the subject site.

 

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.

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

-      State Environment Planning Policy No 55- REMEDIATION OF LAND

-      Randwick Local Environmental Plan 1998 (Consolidation).

-      Development Control Plan – Dwelling Houses and Attached Dual Occupancy

-      Development Control Plan – Car Parking

-      Building Code of Australia.

 

(a)    Randwick Local Environmental Plan 1998

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

 

Clause 10 – Zone No. 2A (Residential A Zone)

 “(1) The objectives of Zone No 2A are:

(a)    to provide a low density residential environment, and

(b)    to maintain the desirable attributes of established residential areas, and

(c)    to protect the amenity of existing residents, and

(d)    to allow for a range of community uses to be provided to serve the needs of residents, workers and visitors, and

(e)    to encourage housing affordability, and

(f)    to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality.

 

It is considered that the proposal is consistent with objectives 1(a) and (f) of the zone. The proposal provides for the demolition of the existing dwelling on the site and the construction of a single detached dwelling thereby maintaining the low density residential environment.

 

With regards to objective (b) the development is considered to be out of context with the predominant scale of development in the area with particular regard to the proposed fourth storey which comprises of the indoor/outdoor room and associated front/rear terraces. Surrounding development along Crana Avenue and Wisdom Street are typically part two, part three storey dwellings which have been designed to respond to the sloping topography of the area with the overall height of dwellings gradually stepping down. As depicted in the submitted plans, the proposed fourth level will project an additional 1.45 metres above the roof level of the adjoining dwelling despite the subject site being sited at a lower level than adjoining dwellings along Crana Avenue.

 

The dwelling also proposes a maximum wall height of 9.45 metres, which breaches Council’s preferred solution of a maximum 7 metre wall height. The proposed rooftop level exceeds this maximum wall height for almost the length of the entire level and given the corner location of the subject site, the proposed dwelling will project as a 4 level building as viewed from Wisdom Street, Alexandria Parade and along the foreshore.

 

In addition the proposed dimensions to balconies along the northern and eastern balconies contribute towards a bulky appearance which is further reflected in the floor space ratio of the dwelling which is twice the size of the preferred solution by Council.

 

In terms of objective (c) being the amenity of existing residents, following consultation with Council which involved the erection of height poles and a view analysis photo montage, amended plans were submitted by the applicant. These plans have proposed an increased rear setback at first floor and roof level, improving separation between the subject site and the rear property and improving visual and acoustic privacy between the properties. In addition, the overall height of the dwelling has been reduced by 0.6 metres when compared to the plans submitted as part of the original application and the southern side setback at roof level has also been increased from 1.0 metre to 2.5 metres to improve solar access to the southern neighbour. The proposed front setbacks have also been increased at ground and first floor level to improve view lines from properties along Crana Avenue to the water.

 

Notwithstanding the above amendments, concern is still raised in terms of bulk and scale, privacy and view loss. Based on these concerns, we have recommended refusal however suggested amendments that will address these concerns. However, the current scheme is in conflict with objective (c).

 

Objectives (d) and (e) are not relevant in this instance, as the residential use of the site will continue. The provision of affordable housing is not considered to be relevant in this instance given the nature of the proposal.

 

In terms of permissibility, dwelling houses and associated outbuildings are permissible in the 2A Residential Zone with Council consent. Therefore the proposed works to create a new dwelling and associated carparking are permissible with the consent of Council.

 

Clause 20B – Minimum Allotment Sizes

Clause 20B requires a minimum site area of 400m2 for land in Zone No. 2A. In addition, sites are required to have a frontage of at least 12 metres. However, subclause (5) does not prohibit the erection of a dwelling house within Zone No 2A, 2B or 2C on an allotment of land that existed as a separate allotment on the appointed day.

 

The site has an area of 347.3 m2 and a frontage of 5.385 metres to Crana Avenue. Given the irregular front building alignment, the existing frontage includes a splay corner of 6.45 metres which addresses both Crana Avenue and Wisdom Street. The site was a width of 10.07 metres. The site was subdivided and developed for residential purposes many years ago. This current proposal does not alter the site area or frontage. No further subdivision of the site is proposed. Given subclause (5) as stated above, the proposed works are not prohibited.

 

Clause 20E – Landscaped Area

The controls for landscaped area under Clause 20E do not apply to dwelling houses.

 

Clause 20F – Floor space ratios

The controls for floor space ratio under Clause 20F do not apply to dwelling houses.

 

Clause 20G – Building Heights

The controls for buildings height under Clause 20G do not apply to dwelling houses.

 

Clause 22 – Services

Clause 22 requires that adequate facilities for the supply of water and for the removal or disposal of sewage and drainage are available to the land. All services are available to the site, given the existence of the dwelling on the site.

 

Clause 28 – Tree Preservation Orders

The application does not propose the removal of any trees and is therefore not applicable in this instance.

 

Clause 29 – Foreshore Scenic Protection Area

Clause 29 requires that consent may only be granted to a building within the Foreshore Scenic Protection Area after it has considered the probable aesthetic impact.

 

The subject site is located within a Foreshore Scenic Protection Area under RLEP 1998.

 

The proposed building has been stepped to the northern, eastern and western elevations and has been articulated with balconies, terraces and window openings however it is considered that the relatively large size of these balconies contributes towards a bulky appearance when viewed from the street which is further reinforced in the proposed floor space ratio calculated as discussed within this report. The visual bulk of the building is further exaggerated by the narrow width of the site to Crana Avenue.

 

The proposal also exceeds the maximum wall heights, notably at the roof level where the proposed indoor/outdoor room exceeds the maximum wall height by 2.5 metres and as such would be approximately 1.45 metre higher than the adjoining southern dwelling which is already sited at a higher level than the subject site given the fall of the land. In fact, the proposed fourth level is almost completely sited above the maximum wall height permissible for the site. It is noted that development along Crana Avenue generally steps down in height and it is considered that the proposed top floor is out of context and does not reflect the scale and rhythm of existing dwellings along Crana Avenue and Wisdom Street.

 

The proposed floor space ratio as stated within the revised statement which accompanied the amended plans does not accurately reflect the gross floor area of the site. The revised statement indicates that the proposal, as amended, provides for a floor space ratio 0.82:1, however this calculation fails to include balconies and terraces proposed by the development and a significant amount of floor area contained within the garage. The proposal with all relevant areas included realises a floor space ratio of 1.258:1 which is considered to be a gross overdevelopment of the site.

                                                                      

The proposed colour scheme has been selected to reflect the colours and materials of newer development in the immediate area and is suitable to the character of the coastal location. However it is considered that proposed cement rendered finish to the dwelling combined with the cement render to the balconies creates a visually dominant form to the street. Balconies/terraces to the adjoining properties have been constructed using clear glass panels to retain and promote view sharing and is considered to be a more desirable design outcome. In addition, the use of clear glass panels will reduce the bulk and scale of the development.

 

The submitted plans do indicate the planting of shrubs and ground covers along the northern and eastern elevations to soften the experience of the dwelling to the two street frontages. No formal landscape plan was submitted as part of this application.

 

The proposal is considered to be inconsistent with the height and bulk of adjoining developments and will be out of context with the existing streetscape for the reasons stated above.

 

(b)    State Environment Planning Policy (Building sustainability Index: BASIX) 2004.

The provision of a BASIX certificate indicates that compliance with the current targets set for thermal, energy and water conservation have been met by the development.

 

The plans have been checked and they are consistent with the requirements indicated on the submitted BASIX certificate for Development Application 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.

 

(c)  State Environment Planning Policy No 55- REMEDIATION OF LAND

Clause 7 of the State Environmental Planning Policy No. 55 – Remediation of Land requires Council to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land.

 

Should the land be contaminated Council must be satisfied that the land is suitable in a contaminated state for the proposed use. If the land requires remediation to be undertaken to make the land suitable for the proposed use, Council must be satisfied that the land will be remediated before the land is used for that purpose.

 

The site history indicates a history of a residential nature. Therefore it is not likely that the site has experienced any contamination.

 

In accordance with State Environmental Planning Policy No. 55, Council is able to conclude that no further assessment of contamination is necessary.

 

7.1 Policy Controls

 

a.    Development Control Plan Dwelling Houses and Attached Dual Occupancies

The DCP for Dwelling Houses and Attached Dual Occupancies states that a proposal is deemed to satisfy the Objectives and Performance Requirements of the DCP if it complies with the corresponding Preferred Solutions. 

Therefore, the tables below assess the proposal against the Preferred Solutions, and where non-compliance results, assessment is made against the relevant Objectives and Performance Requirements. 

 

Landscaping

 

Preferred Solution

Assessment

S1

40% of the total site area is provided as landscaped area.

The applicant has not provided a landscape plan with the application.

The proposal provides for 139m² of landscaped area which equates to 40% of the total site area. Complies

S1

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

The rear yard is approximately 44.308 m² in total area. Complies

S1

Each dwelling must provide an area of private open space capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

The private open space is approximately 10.0 m x 4.4 m and is relatively flat as part of the site works. Complies

S1

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

The private open space is located within the rear yard.

 

The development also provides for extensive balconies at the ground floor level that are elevated above ground level and are to be built to the boundary, in front of the building alignment. These elements could be considered non-compliant as they form part of usable open space.

S6

20% of the total site area has permeable treatment.

The proposal provides for 98 m² or 28% of permeable area within the rear yard. Complies

 

The Objectives of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced; dwellings are provided with usable outdoor recreation space; storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design; and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

 

The Performance Requirements are that the size and dimensions of landscaping suit the needs of the occupants; location and design of open space takes advantage of aspect for year round use; indigenous species are used and existing vegetation is recycled where possible; planting does not obstruct or interfere with entries; and unpaved areas are maximised to allow stormwater infiltration.

 

The proposal is generally compliant with these provisions however some discussion needs to be made to the proposed balcony off the ground floor level. To both street frontages, the proposal provides for an extensive balcony that has been built to the boundaries and are thus forward of the established building line.

 

The proposed eastern balcony at the ground floor level aligns with the form of development along Crana Avenue which provides for terraces built to the front boundary and is elevated above garage levels. Given this, it is considered that the eastern portion of the proposed balcony is consistent with the scale of surrounding developments. However the proposed balcony has been designed to wrap around the dwelling along the northern elevation. This northern aspect of the balcony is also built to the boundary and provides for additional bulk to the dwelling. This creates unnecessary bulk and as such is being recommended to be deleted as part of any future design. The balcony set aside as alfresco seating, without the wrap around section, is considered acceptable and helps articulate the building. The design concerns will be addressed further in this report.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.6:1 applies. 

The revised statement submitted with the amended plans state that the total gross floor area generated by the proposal is 286m2 which results in an FSR of 0.82:1. Does not comply. See comments below.

 

 

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

 

As part of the submitted plans, a floor space analysis plan was included highlighting areas that have been counted as floor space by the applicant. It is noted that the proposed ground and first floor balconies/terraces and rooftop terrace have not been included in this calculation nor has the garage or lobby/internal stairs within the basement level.

 

Under the definition of gross floor area as per this Development Control Plan, balconies, decks and terraces more than 1m above ground level and exceeding a total of 40m2 are included in gross floor area as such elements are deemed to contribute to the visual bulk of the dwelling.

 

Furthermore, while the definition allows for the exclusion of 40m2 of car parking, the applicant has excluded the bulk of the basement level. In fact, an additional 54.91m2 of floor area is contained within the basement level, excluding A/C and plant rooms, lift towers and the allowed 40m2 of garage area.

 

It is also noted that up to 40m2 of balconies, decks and terraces elevated more than 1 metre above ground level may be excluded from the calculation.

 

Thus in view of the above and in accordance with Council’s definition of gross floor area, the development generates 437.13m2 of gross floor area as opposed to the stated 286m2. This creates a floor space ratio of 1.259:1 which greatly exceeds the standard.

 

In reviewing the floor space ratio in the context of the site, one could state that the rear portion of the basement level is contained below the ground level and does not contribute towards the perceived bulk of the dwelling. When combined with the allowed 40m2 of car parking, one could argue that the basement level does not add any additional bulk.

 

For the purposes of understanding the resultant floor space and thus excluding the basement level in its entirety from the calculation, the proposal generates an overall gross floor area of 356.22m2 or 1.026:1. This ratio still presents a significant variance from the standard and reiterates that the bulk of the dwelling is created by the upper levels notably the proposed rooftop level and the numerous balconies proposed at ground, first and roof level.

 

On this basis, upon excluding the basement level in its entirety and further eliminating the rooftop level, its associated terraces/balconies and all other terraces/balconies at ground and first floor level, the development generates 241m² of gross floor area which equates to a floor space ratio of 0.69:1, which still exceeds Council’s preferred solution of 0.6:1. This last calculation reinforces the significant bulk of the dwelling generated by the balconies and roof terrace.

 

It is clear that the subject site presents several constraints in its layout, in terms of its relatively small site area and narrow street frontage to Crana Avenue particularly when contrasted to the layout of surrounding allotments. It is considered that there is scope within the proposal to create a development which presents a better design outcome for the site which responds to these constraints whilst creating an articulated facade thereby improving its visual presence as viewed from the public domain, particularly given the prominent corner location of the site.

 

Such a design outcome may be achieved through:

 

·      The deletion of the proposed rooftop level comprising indoor/outdoor room and associated front and rear terraces. As noted throughout this report, this level is deemed to be contextually inappropriate for the site as it disrupts the consistent stepping of dwellings along Crana Avenue. The projection of the proposed indoor/outdoor room presents as a leading element when viewed along Wisdom Street and Alexandria Parade and creates the illusion of a four storey building. The deletion of this level would result in a three level building which more closely aligns with the scale of surrounding development which is generally part two, part three storey in construction.

 

·      At first floor level, the eastern aspect of the balcony to bedroom 1 which overlooks Crana Avenue should be deleted in its entirety or reduced in its depth to reflect the width of the living space floor plate to this elevation. This design would retain the northern aspect of the balcony to the Wisdom Street frontage and would continue to allow access to the balcony from bedrooms 1 and 2. The siting of the balcony in this manner would maintain additional north easterly view lines to the foreshore and to the Wedding Cake Island from the southern adjoining property, particularly for no 2 Crana Avenue. The removal/reduction in size to the eastern aspect of the balcony would further improve view lines along Crana Avenue thereby promoting principles of view sharing whilst creating greater consistency with the established streetscape.

 

·      As seen in the calculations above, the non-compliance with the floor space ratio is substantially generated by the numerous balconies and terraces that are proposed to the dwelling.

 

At the ground floor level there exists opportunity to reduce the total area of balconies/terraces. The proposed alfresco dining area to the northern elevation may be retain however the proposed wrap around element to the eastern terrace should be deleted as it is contributes a degree of unnecessary bulk and its removal would in fact improve articulation to the northern elevation.

 

The proposed eastern terrace to Crana Avenue may also be retained on the basis that it aligns with the style/form of adjoining development, including No. 2 Crana Avenue which presents a similar style terrace sited over a garage level below.

 

However the dimensions of this eastern terrace should match the building line of the dwelling as opposed to extending to the northern boundary. This design would also allow for increased landscaping to be provided along the northern elevation which would further soften the appearance of the dwelling.

 

·      Furthermore, the introduction of clear glass balustrading/infill panels to all balconies and terraces will provide for improved articulation to dwelling through the introduction of a ‘lighter’ construction material/finish thereby reducing the perceived bulk of the building from the street. The introduction of clear glass will further act to open up view lines to the water, particularly along the Crana Avenue frontage and would promote consistency with the appearance and finishes of adjoining dwellings.

 


Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed wall height of the dwelling reaches a maximum of 9.45 metres, which is a non-compliance of 2.45 metres. Does not comply – See comments below.

S1

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

The proposed external wall height to the rear elevation is 5.7 metres. Does not comply – See comments below.

S3

Cut or fill does not exceed 1m.

The basement level – will be cut at a depth greater than 1metre, including level changes to the rear yard. The level changes relate to the fall of the land and are acceptable.

S3

No excavation within 900mm of a side boundary.

The proposed basement level which is to be partly excavated has been setback 1.0 metre from the boundaries. Complies.

S3

No excavation within 4m of a rear boundary.

The basement level, which requires excavation works, has been setback a minimum of 9.4 metres from the rear boundary. The creation of the pool and terracing of the rear yard will result in works closer than 4 metres however the amount of excavation is not unreasonable and characteristic with works carried out by other sites. 

S4

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

The design provides a step via the lift and thus there is no wall longer than 12 metres. Complies.

S5

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

Not Applicable

 

The Objectives of the DCP are that developments should not be excessive in height and scale and be compatible with the existing character of the locality; to ensure impacts in terms of privacy, natural light and views are minimised; and with respect to additions that they not detract from the individual character and appearance of the existing dwelling.

 

The relevant Performance Requirements are that the height of buildings should relate to those in the existing streetscape and the topography; buildings be designed to enhance the existing desirable built form character of the street by adopting where relevant characteristics of mass and proportion, materials and finishes, roof form and pitch, facade articulation, window and door location and proportions, and verandahs, eaves and parapets; with respect to additions to semi-detached dwellings they integrate with the attached dwelling; and views are shared.

 

The development exceeds the maximum wall height where the land has the greatest slope/fall as the building steps down the site. It is noted that the bulk of the proposed fourth level exceeds the maximum wall height which further validates its deletion from the plans. The main bedroom (bed 1) also breaches the wall height towards Crana Avenue by 2 metres. This breach is however considered acceptable as it is further down the site and the overall height will still be lower than the dwelling at No 2 Crana Avenue and hence, the stepping of the built form down Crana Avenue. Furthermore, the building form as view from Crana Avenue is consistent within the streetscape.

 

The proposed fourth level is considered to be excessive and out of context with the established rhythm of dwellings along Crana Avenue whereby the height of development is gradually stepped down.

 

This is further exemplified when viewed from Wisdom Street/Alexandria Parade. The roof top level and notably the proposed indoor/outdoor room does not align with scale and bulk of development in the area and presents as a dominant element to the public domain and creates a fourth storey element to the street. The deletion of this level will allow the dwelling to be read as a three storey dwelling to the street which more closely aligns with the scale of surrounding development.

 

As noted above, the proposed basement level though visible to Crana Avenue is partially concealed from view to the Wisdom Street frontage and the greater bulk of the level is contained below ground level. The level is considered appropriate to the site, as there exists no other suitable location to provide for car parking and the siting of garages at this elevation aligns with the design of dwellings along Crana Avenue.

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

Proposed front setback varies from 5.7 metres at basement level, 5.0 metres at ground floor, 5.4 metres at first floor level and 17.4 metres at roof level off Crana Avenue.

S2

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

To the lower levels the dwelling is setback 9.5 metres. Complies.

To the roof level, the dwelling is setback 14.1 metres to the rear boundary with the proposed terrace setback 11.6 metres. Complies.

S3

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

At basement and ground floor level the dwelling has been setback a minimum of 1.0 metre from the northern and southern side boundaries with the exception of the proposed northern balcony to the ground floor which is to be built to the boundary.

 

S3

Side setbacks be 1.5m at second floor level.

The proposed first floor provides for a minimum 1.0 metre setback to the side setbacks with the exception of the proposed northern balcony which is built to the boundary.

 

S3

Side setbacks be 3.0m at third floor level.

Setbacks are as above (side) Refer to comments below.

 

The Objectives and Performance Requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours; and with respect to front boundary setbacks the proposal generally conform to the adjoining development or dominant streetscape.

 

To the Crana Avenue frontage, the basement level has been setback 5.7 metres from the boundary and 5.0 metres at ground floor level. This is considered appropriate and generally aligns with the setbacks of the adjoining property.

 

At ground floor level, the proposed terrace is to be built to the boundary which is consistent with the scale of such terraces to adjoining dwellings. However as stated the proposed works greatly exceeds the floor space ratio. The proposed level of the garage (RL 25.40) generally aligns with that of 2 Crana Avenue (RL 25.86) thereby retaining view lines.

 

Reference has been made previously to more positive design outcomes with particular regard to the proposed northern setbacks at ground floor level. The deletion of the wrap around element of the balcony would improve the setback of the dwelling to the northern elevation, improve articulation to this façade as viewed from Wisdom Street and further facilitate the introduction of landscaping works along this boundary.

 

A 5.4 metre setback is proposed at first floor with the associated terrace set 3.6 metres off the boundary. A 17.4 metre setback is also provided to the indoor/outdoor room at roof level with a 7.7 metre setback to the front boundary. It is considered however that these balconies add to the visual bulk of the dwelling.

 

Reference has been made previously to possible design solutions to the proposed eastern balcony at first floor level. As stated the deletion of this eastern aspect or its redesign to reflect the depth of the lower living area would create a more consistent streetscape whilst views to the foreshore from the subject property would be maintained in the retention of the northern aspect to this balcony.

 

The proposed setback at first floor level to the southern boundary though non-compliant is consistent with the existing setback of adjoining properties. The proposed windows along this elevation are to non-habitable rooms within the subject dwelling and therefore considered to have negligible impacts to privacy.

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

Location of windows on the adjoining southern properties does not have windows from habitable rooms looking out to this property.

 

The proposed rooftop terrace will be located at the same level as the bedrooms to No. 3 Wisdom Street. The design of this level, in particular the rear terrace has the potential to reduce visual and acoustic privacy to the rear neighbour although it is noted that the separation is 10.5 metres.

 

S1

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

At ground and first floor level, to the southern side boundary, windows are proposed to the southern side boundary to the laundry and stairwells which are considered appropriate as these are not habitable spaces.

 

S1

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

Given the location of windows and separation between buildings there is no need for increased sill heights. It is recommended that windows for the stair well should be fixed obscure glazing.

 

S3

Buildings comply with AS 371 and AS 2107.

Can be conditioned to comply with the BCA if approval was to be issued.

 

 

The Objective of the DCP is to ensure that new buildings and additions meet the occupant and neighbours requirements for visual and acoustic privacy.

The Performance Requirements include that overlooking of internal private living areas is minimised through appropriate building layout, location and design of windows and balconies; and separation, screening devices and landscaping be used to assist in minimising privacy impacts.

 

The proposed rooftop terrace although setback from the property’s boundaries will extend almost the length of the adjoining southern dwelling. The amended plans have reduced the height of the external roof parapet from 600mm to 200mm and when combined with the proposed 1500mm setback of the balustrade to the rooftop terrace from the southern boundary has the potential to enable overlooking from the proposed rooftop terrace of the subject site to the first floor windows and balconies of 2 Crana Avenue.

 

The proposed front and rear terraces at rooftop level are also relatively large in their total area, being 47.5m² and 10m² respectively. As depicted on the submitted plans, the level may be accessed by both lift and the stairs and is capable of holding a large number of people and thereby generating substantial acoustic privacy impacts to surrounding properties. This consideration further warrants the deletion of this level from the plans.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

Pedestrian entry to the dwelling will be via Wisdom Street and is clearly visible to the street. Complies.

S1,3

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

Windows to bedrooms and living areas at first and ground floor level overlook Wisdom Street and Crana Avenue. Complies.

S2

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

Can be complied with.

 

The Objectives and Performance Requirements of the DCP seek to ensure that a safe physical environment and crime prevention is promoted through design, including that buildings are designed to face the street and other public areas to provide for surveillance; dwellings and their entrances are readily identifiable by street numbering and design of front fences; and landscaped areas allows for safe access to the dwelling.

 

As detailed in the above table, the proposal meets Council’s requirements

 


Garages & Driveways

 

Preferred Solution

Assessment

S1

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

Four bedrooms are proposed as part of the development. Four car spaces are proposed. Complies.

S1

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

Complies. Garage has dimensions of 11.4m x 7.4m.

S1

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

Minimum driveway width of 3.5 metres and is setback 1.9 metres from the southern side boundary.

S1

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

Proposed driveway width of 3.5 metres and though non-compliant is considered to meet the objectives of the standard by enabling safe convenient and safe access to the garage.

S1

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 generally comply

S1

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

Not applicable.

S2

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

Not applicable.

S2

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

Garage has been setback 5.7 metres from the front setback. Complies.

S2

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

Given the narrow street frontage, the proposed garage will occupy 80% of the width which though non-compliant is consistent with the design of adjoining properties.

 

The Objectives and Performance Requirements of the DCP include that car parking and driveways are not visually obtrusive and do not detract from the appearance of the dwelling and the streetscape; and structures are compatible in scale, form, materials and finishes with the associated dwelling.

 

As detailed in the above table, the proposal meets Council’s requirements

 

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

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

Complies. To the Wisdom Street frontage the proposed fence is stepped to reflect the change in site levels.

 

S1

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

The fence around the dwelling varies from 500mm to 1.5 metres. The fence to the rear yard off Wisdom Street varies from 1.5m to 2.2m given the slope of the land. A gate has a height of 2.5m. It is recommended that this gate be reduced so its maximum height is 2metres. 

 

As detailed in the above table, the proposal generally meets Council’s requirements subject to some minor changes to the height of the gate off Wisdom Street, to the rear yard.

 

Foreshore Development

 

Performance Requirements

Assessment

P1

No encroachments on Foreshore Building Line at identified properties.

Not applicable.

P2

Building form, colour, materials and finishes are sympathetic.

Proposed colours and finishes are generally consistent with surrounding development.

 

Proposed finishes create a bulky appearance.

P3

Stepped buildings on sloping sites are articulated.

Refer to comments regarding proposed height of the dwelling.

P4

Buildings incorporate sufficient setbacks to allow fair sharing of views.

The proposal provides for adequate landscaping.

 

The proposed development will result in view loss to adjoining properties.

P5

Ancillary structures do not detract from the appearance of developments.

Not applicable.

 

As part of the assessment process Council required the erection of height poles and a view analysis photo montage was prepared to reflect the scale of the development in the context of the site.

 

It is considered that proposed cement rendered finish to the dwelling in conjunction with the solid elements associated with the balconies and the scale and size of the terraces creates a visually dominant building to the street and the manner in which the building is read along the foreshore.

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

The submitted BASIX Certificate indicates compliance with the required water, thermal and energy requirements.

S2

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

Complies. Private open space within the rear yard will achieve the required 3 hours

S2,8

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

 

Complies. The development provides for an east/west orientation. Living areas have been orientated to the east where possible.

S9

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

 

Complies. Appropriate levels of solar access will be retained to the solar panels of the adjoining dwelling to the south.

S9

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

Complies. Living area of adjoining property is orientated to the east. Adequate solar access will be achieved in the morning period.

S9

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

Complies. There will be increased shadowing 9am and 12pm to what currently exists, however the required 3 hours will be maintained throughout the day.

 

As detailed in the above table, the proposal meets Council’s requirements

 

Other issues

 

View loss

In terms of assessing the view impacts, the Land and Environment Court has created a Planning Principle aimed at aiding consent authorities in determining whether an application has an acceptable impact, or otherwise on views affected (Tenacity Consulting v Warringah Council (2004) NSWLEC 140). In this ruling, Senior Commissioner Roseth established a test for assessment of view impact, as follows:

 

The first step is the assessment of views to be affected.

 

Water views are valued more highly than land views. Iconic views (e.g. Opera House, the Harbour Bridge or North Head) are valued more highly than partial views, e.g. a water view in which the interface between land and water is visible is more valuable than one in which it has been obscured.

 

The subject site and surrounding development are currently afforded views to the ocean and iconic Wedding Cake Island to the north and east of the subject site.

 

The submitted view analysis photo montage indicates that the properties located at 2 Crana Avenue and 2 Pearce Street currently enjoys whole views to the Wedding Cake Island and extensive water views that could be unreasonably impacted upon. No 4 Pearce Street has some water and foreshore views. The height poles erected show that there was some water view loss from no 3 Wisdom Street but not enough that would be considered significant when assessed against the planning principle. The current views are shown in the below images from living spaces.

 

 

 

 

View from living area of No 3 Wisdom St. Please note that the height poles shown on this photo reflect the original design and not this proposal.

                                                                                                                   

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

 

The existing views from 2 Crana Avenue may be achieved through the front and side boundaries from a standing and sitting position whilst views from 2 and 4 Pearce Street are obtainable over and above the existing dwellings located along Crana Avenue and are obtainable from a sitting and standing position.

 

The siting of the proposed ground and first floor balconies to the subject site will result in some partial loss of view of the headland and water as viewed from the Crana Avenue property. To Pearce Street, the proposed development will result in the partial view loss of Wedding Cake Island to No. 2 Pearce Street whilst the siting of the proposed rooftop terrace will result in all views to the water and headland being eliminated as viewed from No. 4 Pearce Street.

 

The images below show the impact of the proposal to the above properties

 

 

 

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

 

The proposal will result in a moderate view loss to No. 2 Crana Avenue as it considered the current window orientation of the living room provides for limited views to the water when in a sitting position. The extensive view attainable from the property is not fully realized unless one is in a standing position in front of the window. The Wedding Cake Islands are not impacted by this proposal. The impact of the proposal being the loss of the foreshore and approximately 50% of the point. This view corridor is also in part from a side view given the curved nature of the window. It is worthy to note however that views to the water, headlands and Wedding Cake Island are currently shared by residents along Crana Avenue due to the very consistent front setbacks of these dwellings. The proposed balcony at first floor level to the subject site encroaches on to this setback and will result in the loss of some views to the headland as depicted in the photo montage, including the provision of solid balustrade.

 

With the suggested changes in an amended scheme, to overcome bulk and scale issues, namely glass balustrade and the reduction of the bedroom balcony, the view will be improved. In addition, the southern splay wall to the ground floor living room is to be replaced by clear glass as a continuation of the glazing along the eastern terrace, will also improve the view corridor and minimise the bulk and scale of the project.

 

To No. 2 Pearce Street, the view loss is also considered to be moderate as the bulk of iconic Wedding Cake Island remains visible from a sitting and standing position as viewed from the living/dining room. However, given the concern to the overall height and bulk of the building, the removal of the roof terrace would improve the view corridor and thus overcome the concern raised by this submission.