Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 23 August 2011

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                                  23 August 2011

 

 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 23 August 2011 at 6:00pm.

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 26 July 2011

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minutes

MM58/11   Noise - Port Botany Development

MM59/11   Rotary Civic Reception 2011
  

Further Mayoral Minutes, if any, will be distributed prior to the meeting.

Urgent Business

Director City Planning Reports (record of voting required)

 

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

CP73/11    7 Surfside Avenue, Clovelly (DA/366/2011)

CP74/11    71 Wentworth Street, Randwick (DA/1134/2010)

CP75/11    33 Park Avenue, Randwick (DA/338/2011)

CP76/11    63 Partanna Avenue, Matraville (DA/303/2011)

CP77/11    8 Caerleon Crescent, Randwick (DA/211/2011)

CP78/11    1001 Anzac Parade, Maroubra (DA/396/2011)

CP79/11    9 Camira Street, Maroubra (DA/429/2011)

CP80/11    54 Gubbuteh Road, Little Bay (DA/316/2009/A)

CP81/11    Reporting variation to Development Standard under State Environment Planning Policy No. (SEPP 1) for the month of July, 2011

Director City Planning Reports (record of voting NOT required)

CP82/11    Malabar Beach Water Quality Study

CP83/11    New Years Eve fireworks - proposed change of time to 9pm

CP84/11    Seeking Council approval for Randwick's Food and Native Garden Policy for Local Schools

CP85/11    Councils Food Safety Program

CP86/11    Review of Development Application fees - response to Motion Pursuant to Notice from Councillor Notley-Smith

Acting General Manager's Reports

GM23/11    2011 FECCA Conference - Advancing Multiculturalism

GM24/11    Review of the 2009-13 Management Plan - June 2011 Quarterly Report

GM25/11    Community particpation in Council learning and development programs  

Director City Services Reports

CS14/11    Library Internet and Personal Computer Access Policy

CS15/11    Gordon's Bay Lighting

Director Governance & Financial Services Reports

GF39/11    Investment Report - July 2011

GF40/11    Affixing of the Seal - Coogee Bay Kiosk Pty Ltd  

Petitions

Motion Pursuant to Notice

NM25/11    Motion Pursuant to Notice by Cr Matthews - Carbon Tax Enough is Enough

NM26/11    Motion Pursuant to Notice by Cr Tracey - Protocol to ensure that building work does not encroach on footpaths............................................................. ……..  331

Closed Session

GF41/11    SSROC Tender for Road and Traffic Control Equipment

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

Notice of Rescission Motions

Nil 

 ……………………………………………………

Sima Truuvert

ACTING GENERAL MANAGER


Ordinary Council                                                                                                  23 August 2011

 

 

Mayoral Minute No. MM58/11

 

 

Subject:                  Noise - Port Botany Development

Folder No:                   F2005/00882

Author:                   Councillor Matson, Mayor     

 

Introduction

 

Council has recently received a number of enquires and concerns about the generation of noise from the Port development, during the night and early mornings.

 

The night-time concerns principally relate to the movement of containers, reversing alarms of vehicles and machinery and also truck movements.

 

Residents are also concerned about the potential for an increased level of noise upon the commencement of the operation of the Port expansion.

 

Issues

 

Council’s Manager Health, Building & Regulatory Services advises that the assessment and resolution of noise concerns from the Port development is particularly complex and involves multiple local authorities and State Agencies.

 

A large part of the Port development was the subject of approval by the Minister for Planning as ‘designated development’ and/or ‘state significant development’.  Randwick or Botany Bay Council’s are generally the relevant consent authority for ‘local development’.

 

Likewise, the NSW Office of Environment and Heritage (formerly DECC/EPA) are generally the Appropriate Regulatory Authority under the Protection of the Environment Operations Act 1997 for designated development and state significant development (which requires an Environment Protection Licence from the Office of Environment and Heritage (OEH)).  Whereas, Randwick or Botany Bay Council’s are the Appropriate Regulatory Authority for all other development.

 

The Port Botany Neighbourhood Liaison Group meet on a quarterly basis to share information, discuss and address concerns relating to Port activities.

 

The community forum comprises representatives from Sydney Ports, Randwick, Rockdale and Botany Bay Councils, Business and Electoral member representatives and a number of community representatives.

 

Noise monitoring of the Port was undertaken in 2009 and a report was provided to the Neighbourhood Liaison Group in February 2010, prepared by Wilkinson Murray Pty Ltd.

 

This report identified the challenges involved in specifically identifying and addressing a particular noise source.  The report suggested that it was appropriate to compare the noise measurements to the amenity criteria in the NSW Industrial Noise Policy (1999), although a large part of the development would predate this policy.

 

This study identified that noise from the Port activities was at times marginally above the relevant amenity criteria, at certain residential premises, in certain wind conditions.

 

However, it appears that the extent of noise monitoring was only for a limited duration and a further more detailed and up-to-date study would be beneficial.

 

The potential environmental and noise impacts associated with the Port expansion is addressed in development application and Environmental Impact Statement and conditions of consent imposed by the Minister for Planning (DA-494-11-2003-i).

 

In this regard, condition C2.5 requires the development of an Operational Noise Management Plan prior to the commencement of operations, in consultation with OEH, Department of Planning, Botany and Randwick Council’s.

 

This condition specifies the requirements and scope of the Operational Noise Management Plan and condition C2.6 also specifies specific Noise Limits which must be achieved at particular residential locations.

 

At this stage, I understand that Council has not yet been consulted in the preparation of the Operational Noise Management Plan.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6:       A Liveable City.

Direction 6c:      The safety of our community is paramount and is acknowledged and supported through proactive policies, programs and strategies.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

As a result of the recent resident concerns and future expansion of the Port operations, it would be beneficial to obtain a detailed and up-to-date acoustic report, to assess the impact of noise levels from Port development upon nearby residents.

 

 

Recommendation

 

1.     That Council write to the NSW State Government and request that a detailed acoustic assessment be undertaken by the State Government encompassing all Port related development, in consultation with OEH, Randwick and Botany Councils.

 

2.     Council write to Sydney Ports and the proposed operators of the new Port facility to liaise and consult in the preparation of the Operational Noise Management Plan, in accordance with the conditions of consent.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                  23 August 2011

 

 

Mayoral Minute No. MM59/11

 

 

Subject:                  Rotary Civic Reception 2011

Folder No:                   F2010/00029

Author:                   Councillor Matson, Mayor     

 

Introduction

 

Council has been approached by the Rotary Club to host a Civic Reception on Monday 5 December 2011 for 50 people. The reception will honour the District Governor who will be visiting the 9750 District.

 

Rotary is a community based organisation dedicated to "Service Above Self". The City of Randwick has two Rotary branches operating, namely the Rotary Club of Maroubra and the Rotary Club of Randwick. The Club provides local services such as Meals on Wheels and supports other worthwhile projects nationally such as The Fred Hollows Foundation.  Internationally, Rotary is also involved with projects such as the Sudan Polio Eradication Effort.

 

Issues

 

The Rotary Club of Randwick is seeking a Civic Reception to welcome to the City the District Governor of Rotary International District 9750, Mr Phillip Whyte. The proposed date for the Reception is Monday 5 December, 2011.

 

The Reception provides an opportunity for Randwick City Council to acknowledge the work undertaken by the Rotary Clubs in providing support to local community projects and enhancing the social capital infrastructure within the City of Randwick.

 

The Civic Reception will be held in the Lodge Room of the Randwick Town Hall and the Rotary Club have indicated approximately fifty members will attend. Randwick Council last hosted a Civic Reception for the Rotary Club on 5 October 2010.

 

Financial impact statement

 

The Rotary Civic Reception will have an approximate cost of $2,500.00. This amount is already allocated within the 2011-12 Events budget.

 

Conclusion

 

It is appropriate for Council to congratulate and demonstrate its support of the Rotary Club as they continue to serve our community.

 

 

Recommendation

 

That Council host a Civic Reception for the Rotary Club in the Lodge Room, Randwick Town Hall on 5 December 2011 to be funded from the 2011-12 Events Budget

 

 

Attachment/s:

 

Nil

 

  


Ordinary Council                                                                                                  23 August 2011

 

 

Director City Planning Report No. CP73/11

 

 

Subject:                  7 Surfside Avenue, Clovelly (DA/366/2011)

Folder No:                   DA/366/2011

Author:                   Olivia Yana, Development Assessment Officer     

 

Proposal:                     Alterations and additions to semi detached dwelling

Ward:                      North Ward

Applicant:                M Mrvic & S Husbands

Owner:                         M Mrvic & S Husbands

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


Executive Summary

 

The application details alterations and additions to an existing semi detached dwelling to provide for a first floor addition.

 

As per Council’s advice, semi-detached dwelling house in Residential 2A Zone should be classified as an attached dual occupancy. As the proposal is now classified as an attached dual occupancy and not a dwelling house the development standards contained in the RLEP 1998 (Consolidation) now apply. The proposal has a floor space ratio of 0.56:1 and exceeds the maximum floor space ratio of 0.5:1.

 

The application is referred to Council for determination as the proposal includes a SEPP 1 Objection that exceeds the standard by more than 10%. If the proposal was assessed under the provision of the DCP – Dwelling House the preferred solution for floor space ratio would be 0.63:1.

 

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

 

The application is recommended for approval.

 

1.    The Proposal

 

The proposal involves extension of an existing bedroom on the upper floor at the front of the dwelling to square off the bedroom area. The roof over the proposed bedroom extension will be expanded to form a gable roof. A window is to be situated under the ridge. The chimney on the western side of the northern facing facade is proposed for removal and be replaced with a slanting roof to match the appearance of the existing roof. Two (2) additional roof windows will be installed on the higher end of the slanting roof to provide lights to the upper floor. The current proposed development will result in an additional floor space of 4m².

 

2.    The Subject Site and Surrounding Area

 

The subject site is on the southern side of Surfside Avenue and has an irregular allotment with a frontage of 6.78m, a maximum depth of 61.09m and a site area of 392.5m. The site is presently occupied by an existing semi-detached dwelling that adjoins to the semi-detached dwelling located on 5 Surfside Avenue, west the subject site. The locality is residential and contains a mixture of semi-detached, free standing dwellings and multi unit housing.

 

 

 

 

Aerial view of the subject site

 

 

3.    Site History

 

A previous development application was approved in 17 May 2010 (DA/223/2010) for alterations and additions to the dwelling with approved floor space ratio of 0.62:1 assessed under the provision of the DCP – Dwelling House. S.96 modification to the DA consent was submitted in 13 April 2011 (DA/223/2010A) to seek extension of the upper floor bedroom area and installation of additional skylights. The proposed works, however, did not substantially have the same nature as the approved development. A new DA was required and S.96 application withdrawn.

 

4.    State Environmental Planning Policy (SEPP) No. 1 Development Standards – Floor Space Ratio

 

4.1    SEPP 1 – Floor Space Ratio

The proposal seeks to vary a development standard contained within RLEP 1998. The applicant submitted a SEPP 1 Objection to Council with proposed floor space ratio of 0.6:1 and gross floor area of 241.5 m2. The floor space was recalculated against the definitions under Randwick Local Environmental Plan 1998 and the following outcomes achieved.

 

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

 

 

Floor Space Ratio

LEP development standard

0.5:1

Proposal

0.56:1 - gross floor area of 222.14m2

Excess above the LEP standard

25.89m2 above the development standard this equates to a proposed 13.19% excess.

 

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

 

Matter 1

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

 

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 additional floor space proposed is located at the front of the building where the dwelling’s height is the lowest. The building is positioned below street level so the changes will not impact on the streetscape.

 

The north east corner of the roof is a combination of hip roof and fairly small windows juxtaposed against a large dominant chimney, and the abrupt vertical drop of the northern roof surface with splits the roof area into halves, all accentuated by thick, large and heavy looking concrete tiles. All of this awkwardly introduces a number of broken surfaces. On the contrary, the neighbouring roof area of Number 5 Surfside Avenue has a clear, simple and elegant roof planes finished in colorbond sheeting. The proposed design tries to match the elegance and simplicity with its extended northern roof surface, which deliberately exposes asymmetry, and draws attention to a gable window that absorbs northern light and is in keeping with the two smaller gable roofs at the front of each of the semis. The two roofs of each semi will seamlessly merge into one and will create a more uniform pair of dwellings, thereby greatly enhancing the overall aesthetic of the building.

 

As a result of the existing roof design, the space in the northern bedroom of the upper floor is hardly functional. One chamber of the room is only 1.6m by 1.9m, making a void that requires a great deal of imagination to make it useful. The development proposal introduces clear open space with good levels of eastern and northern light. The new design will better provide for a multi function space.

 

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.

 

The proposal will result in the subject dwelling having a roof form more in keeping with no. 5 Surfside Avenue. 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.    Community Consultation

 

The proposal has been notified in accordance with the DCP – Notification and no submissions were received.

 

6.    Technical Officers Comments

 

The application did not require to be referred to technical officers within Council.

 

7.    Master Planning Requirements

 

The site has an area less than 10,000m² and is not subject to the requirements of Clause 40A of Randwick local Environmental Plan 1998 (Consolidation) – Site Specific Development Control Plans.

 

8.    Relevant Environmental Planning Instruments

 

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

 

8.1  SEPP (building Sustainability Index: BASIX) 2004

The proposed development involves minor additions to the upper level of the dwelling that will not affect the requirements of BASIX certificate. Therefore a new certificate is not required for this proposal.

 

8.2  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 does not alter the landscaped area.

 


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 0.566:1 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 standards with a maximum height of 8.9m and an external wall height of 7m.

 

8.3  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

48%

Yes

25m² of private open space provided

145m2 +

Yes

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

3m x 6.5m

Yes

Open space behind the building line

Yes

20% of the site area is permeable

48%

Yes

Floor area

(Site area 392.5m2) maximum FSR 0.6:1 

0.63:1

See SEPP 1 Objection and 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

7m

Yes

Cut or fill maximum 1m

No

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

The infill addition maintains the existing side boundary setbacks

Yes

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 additional windows to the upper level extension

 

 

Foreshore Development

 

 

 

 

No encroachments on Foreshore Building Line

No encroachment

Stepped buildings on sloping sites are articulated

Building envelope maintained

Form, colour, materials and finishes are sympathetic

Conditioned to match existing dwelling

Buildings incorporate setbacks to allow sharing of views

No impact upon the existing views

Ancillary structures do not detract from appearance

N/A

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS

N/A

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

Minimal additional shadow from proposed works

Yes

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

Minimal additional shadow from proposed works

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 additional shadow from proposed works

Yes

 

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

Not applicable

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 issues raised in the submissions 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

 

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(1) 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. DA/366/2011 for addition to existing upper level bedroom, at 7 Surfside Avenue, Clovelly, 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

DA.2001

Home Environment Design Group

May 2011

19 May 2011

DA.2002

Home Environment Design Group

May 2011

19 May 2011

DA.2003

Home Environment Design Group

May 2011

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

 

External materials, finishes and colours of the building are required to match, as closely as possible, the existing building and any metal roof sheeting is to be pre-painted (e.g. Colourbond) to limit the level of reflection and glare.

 

b)    Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by the Certifying Authority prior to issuing a construction certificate for the development.

 

Compliance with the Building Code of Australia

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 with the BCA are to be included in the construction certificate application.

 

Structural Adequacy

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

 

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.

 

Security Deposits

7.       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.

 

Energy Efficiency

8.       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.

 

Smoke Alarms

9.       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

10.     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

11.     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

12.     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

13.     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

14.     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

15.     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

16.     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.

 

Public Utilities

17.     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

18.     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

19.     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

20.     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

21.     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

22.     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

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

 

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

 

Building Encroachments

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

 

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

25.     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.

 

Occupant Safety

26.     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

27.     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.

 

 

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

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

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and Council’s policies.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

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

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

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

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

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

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

 

Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

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

 

·          A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

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

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

§  Placement of a waste skip or any other container or article.

 

For further information please contact Council’s Building Approvals & Certification team on 9399 0944.

 

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

 

·          Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                  23 August 2011

 

 

Director City Planning Report No. CP74/11

 

 

Subject:                  71 Wentworth Street, Randwick (DA/1134/2010)

Folder No:                   DA/1134/2010

Author:                   Willana Associates, Pty Ltd     

 

Proposal:                     Demolition of the existing dual occupancy and construction of new 4 storey multi unit housing building comprising 5 dwellings and basement parking for 8 vehicles and strata subdivision (SEPP1 objection floor space ratio)

Ward:                      North Ward

Applicant:                Alec Pappas Architects Pty Ltd

Owner:                         United Crib Blocks Construction P/L & Mrs A Bouhoutsos

Summary

Recommendation:     Approval subject to conditions

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 

 

1.    Executive Summary

 

Development application DA/1134/2010 proposes the demolition of the existing dual occupancy and the construction of a four (4) storey, multi-unit, residential development comprising five (5) dwellings and basement parking for eight (8) vehicles, plus strata subdivision.

 

The proposal is referred to Council as it involves a SEPP 1 objection to the development standard with a variation 21.7% from the standard.

 

Amended plans were received on 4 May 2011. The amendments were provided to address issues identified in a preliminary assessment including comments by the Design Review Panel.  The issues related to the design, layout, and the amenity of the proposed units.  The Design Review Panel has reviewed the amended plans and advised that minor changes are required.  The proposal is not required to be seen by the Design Review Panel again.  The comments from the Design Review Panel are provided in the report.

 

Notification of the original proposal generated two (2) objections.  The main issues raised related to excessive FSR, proximity of excavation works, and the impact on existing residential amenity in terms of privacy (visual and acoustic) and loss of light.  No submissions were received as a result of the notification of the amended plans.

 

The amended plans have been assessed on the scheme’s merits and against the relevant legislation.  The proposal generally complies with the relevant clauses contained within Randwick Local Environmental Plan 1998 (Consolidation) (RLEP 1998) and Council’s Development Control Plans. 

 

A SEPP 1 objection has been provided for a non compliance to the FSR development standard, being contained within Clause 20F of the RLEP 1998.  The other areas of non compliance with Council’s Development Control Plans have been addressed in detail in the sections below.  Council’s Development Engineer and Building Surveyor have provided comment on the proposal and recommended conditions in the case that the application be approved. 

 

The proposal is considered acceptable and has been recommended for approval, subject to conditions.

 

2.    The Proposal

 

The demolition of the existing two (2) level attached dual occupancy and construction of a four (4) storey multi-unit residential flat building. The proposed development comprises five (5) units, basement car parking for eight (8) cars and strata subdivision.

 

3.    The Site and Surrounding Area

 

71 Wentworth Street, Randwick (the site), known as Lot A DP 370544, is rectangular in shape and has a total area of 557.5sqm.  It currently contains a two storey, attached, dual occupancy of rendered brick construction with a tiled roof.  A double garage with rooftop terrace and sandstone block, retaining wall, fence extends along the frontage of the site. 

 

The front boundary has a length of 18.29m and each side boundary has a length of 30.48m.  The site is characterised by a fall of approximately 2.7m from its rear (east) to its front (west). 

 

The locality is a predominantly medium to high density residential area, with residential flat buildings dominating the built form.  Adjoining the site, on the north and south, are residential flat buildings.  The lot to the south side also wraps around the rear of the site.  Opposite the site is a higher density residential development.

 

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4.    Site History

 

The subject development application was lodged on 23 December 2010 and notified for a period of 14 days.  Two (2) submissions were received during the notification period.  The applicant was subsequently contacted regarding issues raised in submissions and the preliminary assessment undertaken.  As a result, amended plans were lodged on 4 May 2011. These plans were renotified and no further submissions were received. The Design Review Panel reviewed the amended plans and comments were provided as a result. 

 

5.    Objections to Development Standards

 

Clause 20F Floor Space Ratios

The proposal does not satisfy the development standard under Clause 20F of the RLEP 1998.

 

A maximum FSR standard of 0.65:1 (365.16m2) is applicable to the site (being less than 700m2 in area) pursuant to Clause 20F of the RLEP 1998. The proposed multi-unit housing development will result in an FSR of 0.83:1 on the 557.5m2 site.

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards (SEPP 1), and has argued that strict compliance with Clause 20F of RLEP 1998 is unreasonable and unnecessary.  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 in the assessment of the applicant’s current SEPP 1 objection:

 

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 floor space ratio standard as outlined in the LEP 1998 (consolidation) is:

 

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

 

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

 

In this instance, compliance with the floor space ratio development standard at Clause 20F(2) of RLEP 1998 is unnecessary and unreasonable as the proposed development satisfies the stated purpose of the standard (refer below). In particular strict compliance is considered unnecessary for the following reasons:

 

(a) The character, size, bulk, scale, height and external appearance of the proposed development is not inconsistent with that of other development in the vicinity

The proposed building:

-     is not inconsistent with other development in the locality in terms of height, bulk, scale, size, and the amount of private open space area afforded;

-     is only marginally bulkier and higher than the residential attached dual occupancy which currently exists onsite;

-     presents an easy visual transition between the four storey residential flat building to the south and three storey residential flat building to the north; and

-     contributes positively to the desired future character of the locality.

 

As stated in Section 4.1 of the SEE, the proposed development is well below the 12m height limit and 10m wall height. The proposed development is of a high quality design and is not inconsistent in character, size, bulk, scale, height, and external appearance with other development in the locality.

 

(b) The proposed development provides appropriate useable private open space areas and landscaping for future residents

The LEP requires the provision of 50% of the site area as landscaping. As stated in Section 4.1.1.2 of the SEE, the proposed development satisfies this minimum requirement.

 

Each of the units contained within the proposed development will have private open space areas, in the form of a balcony or terrace in accordance with the numerical requirements of the Multi-unit Housing DCP.

 


(c) There will be no unreasonable adverse impacts on adjoining properties

As discussed in the Statement of Environmental Effects submitted with the DA, the proposal is satisfactory in terms of its potential impacts on adjoining properties in respect of overshadowing, loss of privacy and visual impact.

 

Planner’s Comment:

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

-   The character of the area is dominated by residential flat buildings.

-   The proposal will achieve the purpose of the numerical control and satisfies the development standards for building height and landscaped area.

-   The proposal will not result in any unreasonable amenity impacts on the surrounding dwellings and will maintain adequate solar access and privacy.

 

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, as 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:

 

“(i) 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,

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

 

The applicant has submitted a written SEPP 1 objection which states the following to address this matter:

 

The objects of the Act as specified in Section 5(a) (i) and (ii), are in our opinion,

achieved by the proposed development in that:

-   It constitutes “proper management, development and conservation of natural and man-made resources”.

-   It promotes “the social and economic welfare of the community and a better environment” by better utilising the existing resources and infrastructure of the community and providing opportunities for people to live in close proximity to the Randwick central business district, Centennial Park, TAFE and the University of New South Wales.

 

Planner’s Comment:

The applicant has presented a case to establish that compliance with the standards would not hinder the attainment of the objects of the Act. The proposed development would have an acceptable impact on the character. The variation from the floor space ratio standard is consistent with the aims of SEPP 1 as it would not detract from the objects of the Act embodied in Section 5(a)(i) and (ii).  Specifically, the resultant development would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

 

Matter 3: The Consent Authority 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 applicant has submitted a written SEPP 1 objection which states the following to address this matter:

 

The proposed development and variation from the Development Standard does not raise any matters of significance for State or regional environmental planning, nor does it conflict with any State planning policies or Ministerial directives. An analysis of the provisions of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development is contained in Section 4.1.2 of the SEE.

 

Planner’s Comments:

The proposed development and variation from the development standards does not raise any matters of significance for State or regional environmental planning.  The minor variation to the numerical standard will not undermine the authority of to seek adherence to the development standard.

 

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 SEPP 1 using the following methods:

 

Table 1– Methods of establishing that compliance is unreasonable or unnecessary.

First

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

 

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

The SEPP 1 provided states:

 

As discussed above in Section 3.0, the proposal is consistent with the objectives of the Policy, despite the noncompliance with the Development Standards.

 

Comments:

In this case the control can be considered unreasonable or unnecessary as the surrounding built form has a much higher density. The objectives of the SEPP1 have been met without satisfying the development standard.

 

Second

A second way is to establish that the underlying objective or purpose of the standard is met, with the consequence that compliance is unnecessary.

 

The SEPP 1 provided states:

 

As discussed above in Section 3.0, the proposal meets the objectives of the Development Standard, despite the non-compliance with the Development Standards.

 

Comments:

In this case, strict compliance with the control can be considered unreasonable or unnecessary as  the proposal is consistent with the surrounding character.  The proposal also will result in minimal environmental amenity, as indicated in the assessment of this report.  Accordingly, the objectives of the control have been met without satisfying the development 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.

The SEPP 1 provided states:

 

The underlying objective or purpose of the Standard is:

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

Requiring compliance with the FSR control would result in a built form which would be out of character with the locality, which is mixed in nature, but which primarily contains multi-unit housing buildings with FSRs in excess of the 0.65:1 permitted by the LEP. Requiring compliance would result in an undersized built form, which would appear out of character in the context, and which would detract from the streetscape, which can accommodate denser built forms.

 

Comments:

As stated previously, the proposal has achieved the purpose of the development standard.  The built form surrounding the Site has an FSR that generally exceeds the control because they are larger sites.  The proposal is in keeping with the character of the locality, with no significant amenity implications.

 

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.

 

Given that Council has already approved a DA at the site (albeit an expired DA), with an FSR significantly in excess of that permitted under the LEP, it is considered that the application and relevance of the control to development at the site has been somewhat undermined.

 

Comments:

The development standard, as prescribed by clause 20F has not been abandoned; however a compliant FSR would provide a development out of character with the surrounds.

 

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 be unreasonable or unnecessary”.

 

The site is located within a mixed area with built forms of up to five (5) storeys in height. The site is sandwiched between two multi-unit housing buildings, dating from the 1960s and 1970s with FSRs well in excess of 0.65:1. The character of the area on the northern side of Wentworth Street is more akin to a Residential 2C zone, where higher FSRs are permitted.

 

Comments:

The existing Residential 2C zoning is not inappropriate for the locality, which is characterised by high density residential development.  The proposal is a recognised form of medium to high density residential development, consistent with this character.

The SEPP 1 objection for non compliance with the LEP standard for FSR has been assessed and found to be well based.  It upholds the relevant matters.

 

6.    Community Consultation

 

The owners of adjoining properties and other likely affected properties were notified of the original proposed development in accordance with the Council’s Development Control Plan - Public Notification of Development Proposal and Council Plans.  The development application was notified for a period of 14 days from 19 January 2011- 2 February 2011.  A total of two (2) submissions were received. 

 

The amended plans were also notified from 18 May- 1 June 2011.  No additional submissions were received.

 

The following submissions were received for the original scheme:

 

6.1      Objections

- 69 Wentworth Street, Randwick.

- Unit 3, 76 Wenworth Street, Randwick

Issue

Comment

The proximity of the proposed excavations to the existing sandstone dividing wall.

As a standard condition of consent, the proposal will be required to ensure that all existing adjoining properties are not adversely impacted and a dilapidation report will be required.

-   FSR is excessive.

-   The SEPP 1 should be rejected.

-   The proposal will result in a loss of light and privacy and will be noisy. 

An assessment of the FSR and SEPP 1 objection are provided in this report.  Given the predominantly high density nature of the area, the proposal is consistent with the character. 

 

The matters of loss of light, visual privacy and acoustic privacy have been considered in relation to the amenity impact. 

6.2 Support

No submissions were received in support of the application.

 

 

7.    Technical Officers Comments

 

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

 

7.1    Building Services comments

The proposal

The proposed development involves demolition of the existing two (2) level attached dual occupancy and construction of a four (4) level multi-unit housing building comprising three (3) levels of residential apartments five (5) units (4 x2 bed and 1 x 3 bed) plus basement parking for 8 vehicles.

 

BCA Building Classification

Class 2      -      Residential units

Class 7a    -      Car park

 

Background

Existing 2 storey duplex.

 

Key Issues

Noise, site management, public safety and amenity, building and development control and compliance, construction site management, fire safety and BCA matters.

 

7.2    Engineering comments

 

Landscape Comments

This site is elevated above street level, and while those trees in the front setback assist in reducing the visual bulk of the existing unit block on the public domain, none are significant specimens that would pose a constraint to the development in any way, including the Jacaranda mimosifolia (Jacaranda) along the southern boundary, the two Cocos Palms just north of the existing pedestrian stairs, and the Eriobortya japonica (Loquat) and self seeded Ficus macrophylla (Moreton Bay Fig) along the northern boundary, and can be removed and replaced with the new landscape treatment as shown.

 

Similarly, while those trees across the rear boundary were observed to assist with screening and privacy between this site and adjoining units to the south and southeast, the Ailanthus altissima (Tree of Heaven), is an invasive environmental weed, with the small Populus alba (White Poplar) and single specimen Archontophoenix cunninghamiana (Bangalow Palm) able to be removed in order to accommodate the works that are proposed for this same area of the Site.

 

This proposal complies with Council’s numerical controls for both landscaping and deep soil for a development of this size and type in this zoning, with the landscape plan showing that a combination of terraces and planting will be provided throughout the Site in order to address the changes in level, as well as maintaining reasonable levels of environmental amenity for both future occupants and neighbours.

 

Drainage Comments

On site stormwater detention is required for this development.

 

The Planning Officer is advised that the submitted drainage plans should not be approved in conjunction with the DA, rather, the Development Engineer has included a number of conditions in this memo that relate to drainage design requirements. The applicant is required to submit detailed drainage plans to the certifying authority for approval prior to the issuing of a construction certificate.

 

Traffic Comments

Parking provision – Council’s DCP - Parking

 

4 X 2 BEDROOM UNITS =     4X 1.2 = 4.8

1 X 3 BEDROOM UNIT =       1X 1.5 = 1.5

Visitor Space             =      5 x 0.25 = 1.25

 

TOTAL REQUIRED 7.55 SPACES (SAY 8 SPACES)

 

Service Authority Comments

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

 

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

 

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

 

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

 

There are no overhead wires which run along the immediate site frontage which would require aerial bundling (proposed cost of works $1.2 million) and thus the above motion does not relate to this proposed development.

 

7.3    SEPP 65 Design Review Panel

The Panel essentially found the proposal satisfactory subject to a number of suggestions as reflected in the Panel’s comments below (followed by the Planner’s comments wherever necessary):

 

1.      Relationship to the Context of the Proposal

The proposed building would be of similar scale and height to the adjacent buildings and would “fit in” satisfactorily.

 

More information is required with regard to the impact this proposal will have on the neighbouring building to the south and in particular the balconies that may be the only outdoor private space that the apartments have - this needs to be clarified as well as any overshadowing effects. 

 

June review: Improvements have been made to reduce impact on the neighbour to the south. The Panel has suggested that the building could be moved closer the street which would bring it more in line with the neighbouring buildings’ setback and increase morning sun exposure to the southern neighbour. A confident scale to the street, with greater setback at side and rear, is a better approach.

 

Planners Comment:

The current proposal represents a consistent setback with what currently exists on the Site and is compatible with the surrounding buildings.  A reduced front setback may increase the sun exposure to one of the adjoining residents while comprising it for another.  The proposal provides a balanced outcomed  and is considered acceptable in its current form.

 

2.      The Scale of the Proposal

Satisfactory.

 

3.      The Built Form of the Proposal

Although this is generally satisfactory, the following changes should be made.

 

·    In order to make it possible to establish trees in deep soil between the proposed building and the side site boundaries the width of the parking level should be reduced to the width of the building footprint above ground.

 

June review Deep soil to the side boundaries has been provided.  The basement area could be further rationalised by reducing the width of the driveway to a 3.6m crossover (which would improve the street presentation) and allow the bins to be placed more conveniently closer to the street.  Stores 4 and 5 then may be placed within the line of the building over, thus simplifying the basement construction and increasing deep soil area.

 

·    Simplification of the design, materials and colours used for the entrance stairs, awnings, screens, balconies and handrails.  (The design of the projecting balconies at the front of the building should be refined to eliminate their structural ambiguity (design as a cantilever or supported by concrete column on the corners) and generally lighten their appearance.  A steel structure might be more appropriate). The large area of blank wall at street level would be more visually interesting if it were stone to match the front fence.  If this is not possible another strategy for reducing its scale and bulk should be investigated.

 

The design has been improved however the wall to the visitor parking should further be reduced in height if possible, constructed of the same stone as the boundary wall and the stairs repositioned closer to the entry door. The conflict between the balcony and balustrade over the driveway and the visitor parking wall needs to be resolved.

 

·    As the uses in rooms in the adjoining buildings, with windows in their side boundaries, are not known, this should be established and, if necessary, window location and design modified (or other measures taken) to protect cross boundary privacy. The top floor may have to set back from the southern boundary to allow more winter sun access to the neighbour.

 

This has been addressed and, as noted above, could be further improved if the proposed building was consolidated closer to the western boundary.

 

The use of split faced sandstone should be clearly nominated on the drawings to reduce any ambiguity.

 

The open common entry and stair could be slightly reduced in width (200 - 300mm), which allow the south setback to be increased by the same amount.

 

Planners Comment:

The garage is consistent with the controls for the Site.  Material finishes could be conditioned subject to approval.  The privacy concerns have been addressed in the amendments to the proposal.

 

 

 

4.      The Proposed Density

The proposed density of 0.83:1 exceeds the permissible density stated in the LEP and a SEPP 1 Objection has been lodged which the Panel would support provided that the applicant makes the changes recommended in this report.

 

June review: The FSR has been reduced by 6.88m², landscaped area increased by 7.24m².

 

5.      Resource and Energy Use and Water Efficiency

The design of the building would permit cross ventilation of all units, however windows and doors to balconies that can be left partly in open while remaining secure and weather protected should be clearly illustrated and specified.

 

A storm water retention tank should be provided.

 

June review :This has been provided below the driveway.

 

Ceiling fans should be provided in all bedrooms and clearly marked on the plans.

A clerestory window has been designed to light the top floor entry which is commendable.  Light into the WIR and laundry would also be beneficial.

 

June review: The ceiling fans have been provided.  A clerestorey window and raised ceiling section over the entry to the top floor apartment would improve natural light and airflow, and integrate the lift overrun.

 

Planners Comment:

The proposal satisfies BASIX requirements and is a sustainable use of the Site.

 

6.      The Proposed Landscape

As recommended above, sufficient topsoil should provided on both sides of the proposed building and trees of appropriate scale established to enhance privacy.

 

June review: Deep soil on north and south boundaries has been provided however the planting schedule seems to indicate grasses where taller plants could be considered to reduce the scale of the walls, increase visual amenity and privacy. 

 

Similarly larger plants to the east of the courtyards would afford more privacy between the terraces and the common clothes drying area.  Details for soil depth and preparation for this excavated planter should also be included.

 

Sunshading to northern windows should be provided.  Large areas of unprotected, fixed glass will create unacceptable heat load in summer.

 

Planners Comment:

A condition of consent could be to submit a revised landscape plan indicating additional plantings are provided wherever they can be accommodated.

 

7.      The Amenity of the Proposal for its Users

Unit plans are clear and the development would provide a good level of amenity to its occupants. 

 

The proposed top floor apartment (Unit 5) could be improved if Bed 2 was moved to the south 1m and Bed 3 was moved north approx. 2m.  This would open a central courtyard/terrace to the corridor behind the lift so that light and views were available to the interior.  This would also give improved cross ventilation options.

 

Glass balustrades should be designed to afford some privacy between the balcony and the street.

8.      The Safety and Security Characteristics of the Proposal

Satisfactory.

 

June review : An independent BCA opinion should be sought with regard to the treatment required to areas of glazing less than 3m from the boundary.  Opportunities for natural ventilation should be optimised.

 

Social issues

Satisfactory

 

9.      The Aesthetics of the Proposal

As noted above it is the Panel’s view that the design of the balconies to the street frontage should be modified as suggested above.  The balconies and the central roof could be rationalised into a more simple element.

 

More details of elements such as louvres (are they fixed or operable?  If operable will they have to be less wide?) should be noted on the drawings.

This has been provided. Visible downpipes to the street elevation should be eliminated where possible.

 

Summary and Recommendations

The application is generally of good quality, however Panel wishes to review this application again when the issues raised have been considered.

 

June review : The proposal has been further improved and clearly documented. If the remaining minor issues noted in this report are satisfactorily resolved in consultation with the Council’s assessing officers the Panel will not need to review this application again.

 

Planners Comment:  

The proposal is considered acceptable in its current form and changes to the current plans are not required.

 

8.    Relevant Environmental Planning Instruments

 

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

 

8.1      Randwick Local Environmental Plan 1998 (Consolidation)

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

 

Clause 20E Landscaped areas

 

Clause No.

Requirement

Provided

Compliance

20E (2) - Landscaped Area for Zone 2B and 2C

50% of site area

51.43%

Yes

31(3) – Landscaped Area over Basement

Max 50% of landscape area requirement

36.07%

Yes

 


Clause 20F Floor Space Ratio

Clause No.

Requirement

Provided

Compliance

20F – Floor Space Ratio

0.65:1

0.83:1

No (SEPP 1 Objection submitted)

 

Clause 20G Building heights

Clause No.

Requirement

Provided

Compliance

33(1) – Building Height

Max 12m

Max 8.92m (to top of lift roof slab).

Yes

33(3) – External Wall Height

Max 10m

Max 8.92 (to top of lift roof slab).

Yes

 

The following relevant clauses also apply to the proposal (and are addressed in detail in Section 10.1.1 below):

 

Clause 9 – Objectives.

Clause 12 - Zone No 2C (Residential C Zone).

Clause 40 – Earthworks.

 

8.2      Relevant State Environmental Planning Policies

State Environmental Planning Policies that are relevant to the proposal are:

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

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

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

 

The application of these policies to the proposal is addressed in Section 10.1 below.

 

9.    Policy Controls

 

The following Development Control Plans are applicable in the Site:

-      Development Control Plan – Multi-Unit Housing.

-      Development Control Plan – Parking.

 

The application of these DCPs is addressed in Section 10.2 below.

 

The following policy is also applicable to the proposed development:

-      Randwick City Council Section 94A Development Contributions Plan, effective from 2 July 2007.

 

10. Environmental assessment

 

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

 

10.1    Statutory Controls – 79C(1)(a)

 

10.1.1   Randwick Local Environmental Plan 1998

Clause 9 - Objectives

Clause 9 of RLEP 1998 requires Council to consider the aims of the RLEP 1998 and zone objectives prior to determining any DA on land to which the RLEP 1998 applies.

 

The purpose of this Clause is “To require the general aims of this plan and the specific objectives of each zone to be taken into account in the assessment and determination of development applications”. With reference to the general aims, the proposed development will not compromise the aims of the LEP in relation to heritage, aesthetic character, sustainability, environmental qualities and social amenity of the locality. The scheme will contribute to the variety of housing types and will not compromise the amenity of the residential area.

 

Clause 12 Zone No 2C (Residential C Zone)

The Site is zoned Residential 2C under the Randwick Local Environmental Plan 1998 (RLEP). The proposed development for multi-unit housing is permissible with Council's consent under the zoning provisions.

 

The proposal is also considered to be in general accordance with the relevant objectives of the Residential 2C zone, which are:

 

-      To provide for a medium density residential environment, and

-      To maintain the desirable attributes of established residential areas, and

-      To protect the amenity of existing residents, and

-      To encourage housing affordability.

 

Clause 40 Earthworks

Clause 40 of the Randwick LEP contains provisions for undertaking excavation and filling of land. The proposal will require earthworks to be undertaken to construct foundations and basement carpark for the building.  Overall, the excavation works are required to make the proposed development functional but will not result in any detrimental impact on the topography of the site.  It is unlikely to interrupt the drainage patterns of the site or result in soil instability. The development will not adversely impact upon the scenic quality of the site and locality subject to appropriate drainage and building conditions (should approval be granted).  Accordingly, the proposal is acceptable in relation to the provisions of Clause 40.

 

10.1.2   State Environmental Planning Policy 55: Remediation of land (SEPP 55)

Clause 7 of SEPP 55, states that a consent authority must not consent to any development on land unless it has considered whether the land is contaminated.  If the land is contaminated, the consent authority must be satisfied the land will be suitable in its contaminated state, or will be suitable after remediation, for the purpose for which development is proposed.  If the land requires remediation, it must be satisfied that the land will be remediated before the land is used for that purpose.

The policy requires an investigation of the site, including the submission of a preliminary investigation in certain instances and, (where necessary), a detailed investigation of the land and remedial action plan.  The site has been in use for residential purposes for a substantial period of time, as a result no investigation of land contamination is warranted. 

 

10.1.3   State Environmental Planning Policy 65: Design Quality of Residential Flat Development (SEPP 65)

The proposal is subject to the provisions of SEPP 65. The application has been considered by Council’s Design Review Panel twice, with the most recent amendments being considered on 6 June 2011, the comments from which are provided in Section 7.2

 

10.1.4  SEPP (Building Sustainability Index: BASIX) 2004

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 relates to the BASIX Scheme, which encourages sustainable residential development via the achievement of energy and water saving targets.  The subject Development Application has accompanied by BASIX and ABSA Certificates that lists commitments to ensure the water and energy targets are achieved. 

 

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

 

10.2.1   Development Control Plan– Multi-Unit Housing (DCP – Multi-Unit Housing

The table below assesses the proposal against the Preferred Solutions of the DCP – Multi-unit housing, and where variations occur, assessment is made against the relevant Objectives and Performance Requirements. 

 

Performance Requirements

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

3.1 Site Planning

P1 Development applications accompanied by site Analysis Plan.

 

Site plan has been provided- Complies

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

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

The existing site frontage is 18.29 metres.  The proposal responds to the topography of the site, has considered the adjoining development and has minimised the potential impacts.  The proposal adequately addressed the objectives of the control, hence, the proposal is considered acceptable – Partially complying.

P3 Development on corner sites responds to both street frontages.

 

The site is not on a corner site- N/A.

3.2 Height

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

 

The proposed building height is 8.92 metres- Complies.

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

 

The proposal incorporates articulation and visual interest into the design - Complies.

3.3 Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

There is a minimum front setback of 4.11 metres. This setback is consistent with the established building line- Complies.

P2  Side boundary setbacks

Side setbacks to ensure:

·    Solar access maintained and overshadowing minimised.

·    Privacy between adjoining dwellings and open spaces.

·    Landscaping and private open space provided.

·    Streetscape amenity is maintained.

S2  Zone 2C

·    No part closer than 3.5 metres.

·    Minimum average setback 5 metres.

·    Maximum length of wall without articulation is 10 metres.

·    Minimum length of any step is 3 metres.

The minimum side setback is 2.26metres.  The walls are articulated – Partially Complying (also see assessment below table).

P3  Rear Boundary Setbacks

Ensure that:

·    Solar access and overshadowing are minimised.

·    Privacy between neighbouring dwellings and their open spaces provided.

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

·    Building built across site.

S3  Zone 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

Maximum length of wall without articulation 10 metres.

The minimum length of any steps is 3metres.

The rear setback is 6 metres- Non Complying.

P4  General

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

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

There are no extra encroachments into the setbacks- Complies.

3.4 Density

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

 

 

 

 

 

 

 

The building is compatible with the surrounding built form, being predominantly high density residential  development – Complies.

3.5 Fences

P1  Fences to be/have:

·   consistent with streetscape;

·   Entrances highlighted; &

·   Planting used to soften and provide privacy.

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

 

The proposed fences are adequate in height and are partially transparent – Complies.

4.1 Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

 

S1 Minimum dimension for landscaped area 2 metres.

Both side setbacks contain landscaping of 2.5 metres in width.  The rear setback contains a 1.5 metres landscaped strip and the front of the site also has areas ranging in width.  The areas proposed for landscaping are adequate to accommodate substantial vegetation – Complies.

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

 

 

The proposal has designated private open space and communal open space surrounding the development – Complies.

P3  Private Open Space

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

 

 

The outdoor areas provided are sufficient and allow for recreation and living – Complies.

P4 Private open space in front of the building only where setback and fence design sympathetic.

 

 

The terraces for unit one and two are sufficiently removed from the street to allow adequate use – Complies.

P5  Townhouses

Each dwelling is provided with an area of useable private open space or courtyard area, at ground or podium level.

S5 Minimum area of 25m2 and a minimum dimension of 3 x 4 metres.

N/A

P6  Flats and apartments

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

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

 

 

Each unit has access to private open space of sufficient area and dimensions – Complies.

4.2 Privacy

P1  Visual Privacy

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

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

The main windows of concern are the kitchen windows of Unit 4 and Unit 2. Both windows are translucent glass and as such protect privacy from adjoining dwellings. Screening is also indicated in the front terraces and rear yard. The balustrades of level one are translucent glass to protect privacy – Complies.

P2 Private open space design and location ensure privacy.

 

 

The proposal incorporates various privacy measures- Complies.

P3  Acoustic Privacy

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

 

 

The lobby is located centrally to separate the living areas of the units - Complies.

 

P4 Building construction transmission of noise.

 

S4 Wall / floor insulation & sound consistent with Building Code of Australia (BCA).

The building materials will be conditioned to reduce the transmission of noise- Complies subject to condition.

4.3 View Sharing

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

 

The proposed building is under the height limit and consistent with view sharing principles- Compiles.

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

 

Height is consistent with controls to preserve existing views – Complies.

P3 Buildings are aligned to maximise view corridors between buildings.

 

The proposal is predominantly consistent with the existing building footprint and will not result in any significant view corridors being lost - Complies.

4.4 Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

Solar access is adequately accommodated - Complies.

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

 

Currently, no solar panels are proposed, but adequate solar access is maintained – Complies.

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

 

The solar impact is predominantly contained within shadows cast by the existing building.  The first floor balcony, of the front unit, of the adjoining units, is partially over shadowed at 9am and remains partially in shadow until 3 pm when it is out of shadow.  The second unit, balcony on the first floor, is not affected by over shadowing at all.  The impact has not been significantly increased - Complies.

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

 

Currently, the two bottom balconies of the adjoining building are affected by overshadowing. The proposal will see one with some, minor, additional affects although solar partial solar access is still available and a minimum of 3 hours is maintained. This additional impact is acceptable – Complies.

 

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

·      Living areas are orientated to the north.

·      Larger windows are located on the north.

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

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

A BASIX certificate has been provided with the application – Complies.

P5 Buildings have roofs with pitch suitable for solar collectors.

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

The roof will be adequate to accommodate solar collectors – Complies.

 

4.5 Safety and Security

P1 Design allows surveillance.

 

Surveillance is possible from both the front and the back of the proposed building – Complies.

P2 Approaches and entries are visible.

 

The entry is visible from the street and from the living areas of Units 1 and 2 – Complies.

P3 High walls and structures avoided.

 

The height of the proposal is acceptable – Complies.

P4 Resident car parking has security grilles or doors.

 

A security shutter is proposed – Complies.

P5 Visitor parking spaces clearly identifiable.

 

The visitor park can be conditioned to be labelled – Complies.

P6 Adequate lighting for personal safety and security provided.

 

A condition will be included to ensure that the proposal complies – Complies subject to condition.

P7 Adequate lighting is provided in common areas.

 

The lobby will be appropriately lit, subject to conditions - Complies subject to condition.

P8 External lighting does not create a nuisance.

 

 

Will comply subject to condition.

5.1 Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

The proposal is required to have 7.3 car spaces, 8 have been provided - Complies.

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

 

The driveway has landscaping surrounding it. The garage and driveway take up 4.78 metres which is 26% of the frontage – Complies.

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

 

No accessible spaces are provided or required - Complies

P3 Secure storage for bicycles is provided.

 

Bicycle storage is indicated on the plans – Complies.

5.2 Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

The width of the driveway has been minimised – Complies.

P2 Vehicles enter/ leave in a forward direction.

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

The basement has been designed to allow for adequate manoeuvring areas to allow the vehicles to exit in a forward direction – Complies.

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

S3 Long driveways provide passing bays.

The driveway is not excessive in length – Complies.

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

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

 

A 2.5 metres setback is provided adjoining the driveway and the boundary. The width of the driveway is 4.78 metres – Complies.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

 

Uncoloured concrete is not proposed – Complies.

P6 Driveway gradients safe.

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

 

The driveway is 8.2 metres and has a gradient of 1:20 – Complies.

5.3 Storage

P1 Accessible and separate storage for each dwelling.

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

 

The Statement of Environmental Effects states that each dwelling is provided with adequate storage area – Complies.

5.4 Barrier-free access

Access for people with a disability is provided to and within one dwelling at the following rate:

0-14 dwellings     0

15-29 dwellings   1

30-44 dwellings   2

45-60 dwellings   3

and so on.

 

A lift is proposed but no accessible units are required - Complies.

5.5 Utilities/Site Facilities: subject to  appropriate conditions of consent

5.6 Waste Minimisation and Management

P1 Waste collection and separation facilities for each dwelling.

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

The Statement of Environmental Effects states that each unit has a waste cupboard – Complies. 

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

 

 

The bins are indicated in the basement – Complies.

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

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

The bins are not located within the front setback of the site – Complies.

 

Setbacks

The objectives of this control are:

-      Reduce the impact of development on adjoining land.

-      Ensure adequate separation between buildings for landscaping, visual and acoustic privacy, sunlight penetration and private open space.

-      Integrate development with desirable characteristics of the established streetscape.

 

The side setback for the development is required to be 5metres in zone Residential 2C.  The proposal has a minimal side setback of 0.8 metres for the basement level and 2.46 metres above the ground. 

 

The rear boundary is also non compliant.  The preferred solution is for a rear boundary setback of 8 metres.  The proposed rear setback is 2.5 metres for the basement level and for the subsequent levels a 6 metre setback is maintained. 

 

The development satisfies the objectives of the control for the following reasons:

-    The proposal maintains a similar building footprint to that of the existing building. 

-    The controls for landscaping have been satisfied and privacy concerns adequately addressed. 

-    The proposal is consistent with the desirable characteristics of the established streetscape.

 

The setbacks are satisfactory.

 

The assessment in the table above indicates that the proposal would comply with all the preferred controls / performance requirements of the DCP – Multi-unit housing with the exception of FSR which has been addressed in the assessment of the SEPP No. 1 Objection in Section 5.  The controls regarding site dimensions and setbacks have been addressed in terms of the objectives of the controls and are compliant. 

 


10.2.2        Development Control Plan – Parking (DCP – Parking)

The controls contained within the DCP Parking have been summarised in the table below.

 

Use

Requirement (DCP – parking)

Proposed number and/or floor area

Required provision

Proposed provision

 

1 space per one bedroom dwelling

 Nil one bedroom dwellings

0 spaces

 

 

 

 

1.2 spaces per two bedroom dwelling

4x two bedroom dwellings

4.8 spaces

 

1.5 spaces per dwelling over two bedroom dwelling

1 x three bedroom dwelling

1.5 spaces

 

Visitor:

1 space per 4 units

Total dwellings = 5

1spaces

TOTAL

 

 

7.3 spaces

8 spaces

 

The proposal contains a total of 8 car parking spaces hence complies with this DCP.

 

10.2.3        Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost more than $200,000

$1,178,760

1%

$11,787.60

 

10.3    Likely impacts of the development – S79C(1)(b)

 

10.3.1   Natural Environmental Impacts

The site contains an existing residential building and associated external paved areas within an existing built-up area in Randwick. As such, there are no threatened species, populations or ecological communities or habitats that would be affected by the proposed development either within, or in the vicinity of, the development site. The proposal represents a positive design for the site.

 

11. Environmental Assessment

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Act 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:       Excellence in urban design and development.

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

 


Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The application for the demolition of the existing dual occupancy and construction of a new four (4) storey multi-unit building containing five (5) dwellings has been assessed in relation to the relevant controls.  The SEPP1 for a variation to the development standard for floor space ratio was also assessed and is considered acceptable. 

 

The proposal is generally compliant with the controls contained in the relevant development control plans, but importantly, it satisfies the required objectives.  The objections to the proposal received as a result of the exhibition period have been addressed.  The proposal is considered acceptable and recommended for approval subject to conditions.

 

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 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 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. 1134/2010 for demolition of the existing dual occupancy and construction of a new 4 storey multi-unit building comprising of 5 dwellings and basement parting for 8 vehicles and strata subdivision, at No.71 Wentworth 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

A-01- A-08 Inclusive (revision A) – as amended for the DRP Amendments March  2011

Alec Pappas Architects

Nov 2010- received 4 May 2011

CE- 01-CE-02 revision A Inclusive – as amended for the DRP Amendments March  2011

Alec Pappas Architects

Nov 2010- received 4 May 2011

SE-01 revision A -as amended for the DRP Amendments March  2011

Alec Pappas Architects

Nov 2010- received 4 May 2011

SA-01 revision A -as amended for the DRP Amendments March  2011

Alec Pappas Architects

Nov 2010- received 4 May 2011

SP-01 revision A -as amended for the DRP Amendments March  2011

Alec Pappas Architects

Nov 2010- received 4 May 2011

SD-01- SD-11 revision A (inclusive) -as amended for the DRP Amendments March  2011

Alec Pappas Architects

Nov 2010- received 4 May 2011

 

BASIX Certificate

No.

Dated

Multi Dwelling

348146M

14 December 2010

 

*It should be noted that the drainage plan are not subject to this approval and will require additional approval.

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements and details are to be included in the Construction Certificate:

 

a)     The material that the walls and flooring are constructed out of meet the Building Code of Australia Requirements for insulation and sound.

 

b)     Visitor parking spaces in the basement are to be clearly indicated.

 

3.       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.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

The following conditions of consent must be complied with before a ‘Construction Certificate’ is issued by either an Accredited Certifier or Randwick City Council.  All necessary information to demonstrate compliance with the following conditions of consent must be included in the documentation for the construction certificate.

 

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.


 

4.       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.

 

5.       The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $805.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

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

 

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

 

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

 

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

 

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

 

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

 

Consent Requirements

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

 

Site stability and construction

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

 

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

 

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

 

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

 

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

 

External Colours, Materials & Finishes

13.     The colours, materials and surface finishes to the development must be consistent with the relevant plans, documentation and colour schedules provided with the development application.

 

Section 94A Development Contributions

14.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,178,760.00, the following applicable monetary levy must be paid to Council: $11,787.60. 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.

 

Long Service Levy Payments

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

 

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

 

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

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

 

a)     $5000.00 -      Damage / Civil Works Security Deposit

 

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

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

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

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

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

 

Sydney Water Requirements

17.     The relevant requirements of the Sydney Water Act 1994 must be complied with and a Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water. 

 

An Application for a Section 73 Certificate must be made through an authorised Water Servicing Co-ordinator. For details, please refer to the “Your Business” section of Sydney Water’s web site www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92.

 

Following the application, a “Notice of Requirements” will be provided, detailing water and sewer extensions to be built and charges to be paid.  Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

A copy of Sydney Water’s ‘Notice of Requirements’ must be submitted to the Certifying Authority prior to issuing a Construction Certificate.

 

The Section 73 Certificate is required to be obtained before an occupation certificate or subdivision certificate is issued, whichever the sooner.

 

New Street Trees

18.     The applicant shall submit a total payment of $214.50 (including GST), being the cost for Council to supply and install 2 x 25 litre street trees, Sapium sebiferum (Chinese Tallowoods) spaced evenly on the Wentworth Street verge, between the proposed crossing and southern site boundary at the completion of all works.

 

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

The requirements contained in the following conditions of consent must be complied with and details of compliance must be included in the construction certificate for the development.

 

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

 

Compliance with the Building Code of Australia

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

 

BASIX Requirements

20.     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.

 

Waste Management

21.     The garbage room area will have to be redesigned so as to be able to contain a total of 8 x 240 litre bins (4 garbage bins & 4 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

22.     The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

23.     The waste storage areas shall be clearly signposted.

 

Vehicular Access & Design Alignment levels

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

 

25.     Prior to the issuing of a Construction Certificate the approved plans are to show all parking space dimensions (lengths and widths). The dimensions of the parking spaces and the car park layout is to fully comply with AS/NZS 2890.1:2004.

 

Stormwater Drainage & Flood Management

 

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

 

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

 

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

 

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

 

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

 

i.    Roof areas

ii.    Paved areas

iii.   Grassed areas

iv.   Garden areas

 

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

 

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

 

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

 

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

 

28.     All site stormwater must be discharged (by gravity) to either:

 

a)     The kerb and gutter or drainage system at the front of the property; OR

 

b)     A suitably sized infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

 

29.     Should stormwater be discharged to Council’s street drainage system, on-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 5 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by Council.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

Should no formal overland escape route be provided for storms greater than the design storm, the on-site detention system shall be sized for the 1 in 100 year storm event.

 

For small areas up to 0.5 hectares, determination of the required cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum has to be a minimum of 2.0 metres below the base of the tank.

 

30.     Should stormwater be discharged to an infiltration system, the infiltration area shall be  sized for all storm events up to the 1 in 20 year storm event with provision for a formal overland flow path to Council’s Street drainage system.

 

Should no formal overland escape route be provided for storms greater than the design storm, the infiltration system shall be sized for the 1 in 100 year storm event.

 

31.     Any Infiltration systems/Absorption Trenches must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

32.     The detention area/infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.

 

33.      Any onsite detention/infiltration systems shall be located in areas to be dedicated as common property.

 

34.     The maximum depth of ponding in above ground detention areas (and/or infiltration systems with above ground storage) shall be as follows:

-    300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

-    600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10.

-    1200mm in landscaped areas where a childproof fence is provided around the outside of the detention area

 

Notes:

-    It is noted that above ground storage will not be permitted in basement carparks or in any area which may be used for storage of goods.

-    Mulch/bark must not be used in onsite detention areas

 

35.     Any above ground stormwater detention areas (and/or infiltration systems with above ground storage) must be suitably signposted where required, warning people of the maximum flood level.

 

36.     The floor level of all habitable and storage areas adjacent to the detention area (and/or infiltration systems with above ground storage) must be a minimum of 300mm above the maximum water level in the detention area for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

37.     A childproof and corrosion resistant fastening system shall be installed on access grates over pits/trenches where water is permitted to be temporarily stored.

 

38.     A `V' drain is to be constructed along the perimeter of the property, where required, to direct all stormwater to the detention/infiltration area.

 

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

 

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

 

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

 

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

-    prior to stormwater discharging into any absorption/infiltration system.

 

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

 

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

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

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

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

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

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

-    A sign adjacent to the pit stating:

 

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

 

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

 

Traffic Management

41.     Prior to the issue of a construction certificate, the applicant shall submit for approval and have approved by Council's Traffic Engineer a detailed construction traffic management plan. The plan shall demonstrate how construction and delivery vehicles will access the development site during the demolition and construction phase of the development.

 

All traffic associated with the subject development shall comply with the terms of the approved construction traffic management plan.

 

Services

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

 

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

 

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

 

The principal certifying authority is required to ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before the commencement of any works.

 

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.

 

Certification and Building Inspection Requirements

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

Details of the Licensed Building Contractor (and a copy of any relevant Certificate of Insurance) must be provided to the Principal Certifying Authority and Council prior to commencement of works.

 

Dilapidation Reports

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

a)     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents. 

 

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

 

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

 

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

 

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

 

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

 

Temporary Site Fencing

47.     Temporary site safety fencing must be provided to the perimeter of the site throughout demolition, excavation and construction works.

 

Temporary site fences must have a height of 1.8 metres and be a cyclone wire fence (with geotextile fabric attached to the inside of the fence to provide dust control), or heavy-duty plywood sheeting (painted white), or other material approved by Council.

 

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

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

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

 

All site fencing and hoardings must 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.

 

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

 

Construction Site Management

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

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

-    location of site storage areas/sheds/equipment;

-    location of building materials for construction;

-    provisions for public safety;

-    dust control measures;

-    site access location and construction

-    details of methods of disposal of demolition materials;

-    protective measures for tree preservation;

-    provisions for temporary sanitary facilities;

-    location and size of waste containers/bulk bins;

-    details of proposed sediment and erosion control measures;

-    construction noise and vibration management;

-    construction traffic management details.

 

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

 

Demolition Work Plan

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

-    Occupational Health and Safety Act 2000

-    Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

-    Australian Standard 2601 (2001) – Demolition of Structures

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

-    Relevant Department of Environment & Climate Change (DECC) / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

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

 

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

 

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

 

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

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

-    Details of hazardous materials (including asbestos)

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

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

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

-    Methods and location of disposal of any hazardous materials

-    Other relevant details, measures and requirements to be implemented

-    Date the demolition works will commence

 

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

 

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

 

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

 

 

Public Liability

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

 


Traffic Management

52.     A Works Zone is to be provided in Wentworth Street for the duration of the construction works.  The ‘Works Zone’ shall be provided to the satisfaction of the Randwick Traffic Committee and shall have a minimum length of 12 metres. The prescribed fee for the Works Zone must be paid to Council at least four (4) weeks prior to the commencement of work on the site.

 

It is noted that the requirement for a Works Zone may be waived if it can be demonstrated (to the satisfaction of Council’s traffic engineer) that all construction related activities (including all loading and unloading operations) may be undertaken wholly within the site.

 

Landscaping Requirements

53.     Landscaping at this site shall be installed substantially in accordance with Landscape Plan by M Siu dated 01 dec 2010, Drwg no L01/1-R15702, subject to the following additional details being shown on an amended plan, which must be submitted to, and be approved by, the PCA, prior to the commencement of any site works, and must include:

 

a)     An additional 1 x 100 litre (pot bag size at the time of planting) feature tree within the front yard, in the garden areas between the southwest corner of the site and southwest corner of the proposed building, selecting a species which will attain a minimum height at maturity of 6 metres;

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

c)     All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm;

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

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

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

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

h)     The amended landscape plan should provide for increased planting areas in lieu of proposed grassed areas to allow for the increased use of mature plant species where they can be accommodated.

 

54.     Approval is granted for the removal of all existing vegetation within the site in order to accommodate the proposed works as shown, including:

 

-    In the front yard, the Jacaranda mimosifolia (Jacaranda) along the southern boundary, the two Cocos Palms just north of the existing pedestrian stairs, as well as the Eriobortya japonica (Loquat) and self seeded Ficus macrophylla (Moreton Bay Fig) along the northern boundary; and

-    Those trees across the rear boundary being an Ailanthus altissima (Tree of Heaven), which is an invasive environmental weed, the small Populus alba (White Poplar) and single specimen Archontophoenix cunninghamiana (Bangalow Palm).

 


Site stability and construction

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

 

56.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings and ancillary structures located upon  No’s 69 and 75 Wentworth Street Randwick(eg. dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc.).

 

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

 

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.

 

Inspections during Construction

57.     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 & Demolition Work Requirements

58.     All work and activities must be carried out in accordance with the relevant regulatory requirements, including:

 

-    Occupational Health & Safety Act 2000 & Regulations

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

-    WorkCover NSW Requirements, Guidelines and Codes of Practice

-    Australian Standard 2601 (2001) – Demolition of Structures

-    The Protection of the Environment Operations Act 1997

-    The Protection of the Environment Operations (Waste) Regulation 2005

-    DECC/EPA Waste Classification 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

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

 

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

 

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

 

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

 

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

 

Sediment & Erosion Control

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

 

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

 

Dust Control

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

-    Landscaping and revegetation of disturbed areas.

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Excavations, Back-filling & Retaining Walls

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

 

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

 

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

 

Support of Adjoining Land

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

 

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

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

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

 

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

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

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

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

 

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

 

Survey Requirements

67.     A Registered Surveyor’s check survey certificate or compliance certificate is to be obtained at the following stage/s of construction, to demonstrate compliance with the approved setbacks, levels, layout and height of the building, to the satisfaction of the Principal Certifying Authority:

-    prior to construction of the first constructed floor/floor slab (prior to pouring of concrete),

-    prior to construction of each additional new floor level,

-    upon completion of the building, prior to issuing an occupation certificate,

-    as may be required by the Principal Certifying Authority.

 

The survey documentation must be forwarded to the Principal Certifying Authority and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority.  

 

Building Encroachments

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

 

Civil Works & Infrastructure

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

 

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.

 

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

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

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

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

-    Carry out a 1.50 metre wide, road reknit in front of the kerb and gutter along the full site frontage.

-    Construct a new concrete footpath along the full site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

71.     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.

 

72.     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.

 

Occupation Certificate Requirements

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

 

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

 

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

 

Fire Safety Certificate Requirements

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

 

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

 

Structural Certification

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

 

Sydney Water Certification

76.     The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to issuing an Occupation Certificate or Subdivision Certificate (whichever the sooner).

 

BASIX Requirements & Certification

77.     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 any relevant BASIX commitments and requirements have been satisfied.

 

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

 

Occupant Safety - Windows

78.     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.

 

The relevant safety measures must be implemented prior to the issue of an Occupation Certificate.

 

Noise Control Requirements & Certification

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

 

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

 

80.     Where the building is provided with plant and equipment (e.g. air-conditioners, mechanical ventilation/exhaust systems or refrigeration motors etc) a report must be obtained from a suitably qualified and experienced consultant in acoustics, prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW DECC/EPA Noise Control Manual & Industrial Noise Policy, Council’s conditions of consent (including any relevant approved acoustic report and recommendations), to the satisfaction of Council.  The assessment and report must include all relevant fixed and operational noise sources and a copy of the report must be provided to Council prior to/upon issuing an occupation certificate.

 

 

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

 

Stormwater Drainage Certification

82.     Prior to occupation of the development, a "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention/infiltration system is maintained and that no works which could affect the design function of the detention/infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

a.   The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.

b.   The works as executed drainage plan and hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

 

83.     Prior to the issuing of an occupation certificate, the applicant shall submit to Council, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

a)   The location of the detention basin with finished surface levels;

b)   Finished site contours at 0.2 metre intervals;

c)   Volume of storage available in the detention areas;

d)   The location, diameter, gradient and material (i.e PVC, RC etc) of all stormwater pipes;

e)   The orifice size(s) (if applicable);

f)    Details of any infiltration/absorption systems; and

g)   Details of any pumping systems installed (including wet well volumes).

 

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

 

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

 

Notes:

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

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

 

86.      Seepage water must not be collected and discharged from the site.

 

87.     One covered car washing bay shall be provided for this development.

 

-    The car washing bay must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to an occupation certificate being issued for the proposed development.

-    The car washing bay must be located outside any required/approved stormwater detention system.

-    The car washing bay may be located within the visitor parking spaces provided they are signposted with ‘Exclusive Carwash Bay Use Sat 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’

-    The car washing bay must be constructed with a minimum 20mm bund around the perimeter of the car washing bay/s (or equivalent)

-    A water tap shall be located adjacent to the car washing bay.

 

Land/Strata Subdivision Requirements

88.     A "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property (in conjunction with registration of the plan of subdivision) to ensure that the onsite detention system is maintained and that no works which could affect the design function of the detention system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

a.   The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.

b.   If new linen plans are being prepared for the site, the plans shall indicate the location and dimensions of the detention/infiltration areas. 

c.   The works as executed drainage plan and hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

 

89.     The applicant shall create suitable right of carriageway, easements for access,  services and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

90.     All conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to endorsement of the subdivision plans.

 

91.     The applicant shall provide Council with a survey plan of the property prior to endorsement of the subdivision plans.

 

92.     The proposed stacked car space (car spaces 6 & 7) are to be allocated to the 3 bedroom unit.

 

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

 

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

 

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

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the plan of strata subdivision.

 

Waste Management

94.     Prior to the Certifying Authority issuing an occupation certificate for the proposed development the applicant is to contact Council’s Manager of Waste in regards to meeting Council’s requirements for waste services to the residential development.

 

95.     Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council and the location, collection, storage and removal of wastes generated within the premises must not result in a public health nuisance or cause pollution.

 

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.

 

Environmental Amenity

96.     Street numbering must be provided to the front of the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council.

 

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

 

GENERAL 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 requirements.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

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

 

A2      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.

 

A3      Demolition, building or excavation work must not be commenced until;

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

-    An Accredited Certifier or Council 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.

 

A4      Any proposed amendments to the design and construction of the building may require a new development application or a section 96 amendment to the existing consent to be obtained from Council, before carrying out such works

 

A5      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA), Disability (Access to Premises – Buildings) Standards 2010 and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards.  You are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A6      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.

 

A7      A separate Local Approval application must be submitted to and be approved by Council's Health, Building & Regulatory Services department prior to commencing any of the following activities:-

 

-    Install or erect any site fencing, hoardings or site structures on any part of the nature strip, road or footpath

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

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

 

For further information please contact Council’s Building Approvals & Certification team on 9399 0944.

 

A8      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.

 

A9      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

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

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

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

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

 

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

 

A10     An application must be submitted to an approved by Council prior to the installation and operation of any proposed greywater or wastewater treatment systems, in accordance with the Local Government Act 1993.

 

Greywater/Wastewater treatment systems must comply with the relevant requirements and guidelines produced by NSW Health, NSW Office of Environment and Heritage and other relevant regulatory requirements.

 

A11     Development consent and a construction certificate or a complying development certificate must be obtained for proposed plant and equipment, if not included in this consent (where required).

 

A12     Finished ground levels external to the building are to be consistent with the development consent and are not to be raised, other than for the provision of approved paving or the like on the ground.

 

A13     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 any adjoining land.

 

A14     Swimming/spa pool plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

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

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

 

A15     Air conditioning plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

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

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

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                  23 August 2011

 

 

Director City Planning Report No. CP75/11

 

 

Subject:                  33 Park Avenue, Randwick (DA/338/2011)

Folder No:                   DA/338/2011

Author:                   Louis Coorey, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to the existing semi detached dwelling including new attic addition.

Ward:                      North Ward

Applicant:                Mr P Ansell

Owner:                         Mr P Ansell and Mrs M A L Ansell

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The proposal is for alterations and additions to the existing semi detached dwelling including new attic addition.

 

In accordance with legal advice the semi-detached dwelling houses in the Residential 2C Zone should be classified as multi unit housing and is therefore assessed against the standards under the RLEP 1998 (Consolidation). In this respect, the proposed development seeks a floor space ratio of 0.75:1 (measured from the internal surface of the external walls) and exceeds the maximum floor space ratio standard of 0.65:1 by 15%. 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 a greater than 10% variation to the floor space ratio standard under 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 to the definitions are gazetted, the subject dwelling and proposal continues to be classified as an multi unit housing and not a dwelling house, and the development standards contained in the Randwick Local Environmental Plan 1998 (Consolidation) will be applicable.

 

Moreover, it was never the intent to apply the maximum floor area standard under the RLEP to these types of dwellings where historically the Development Control Plan for Dwelling Houses and attached Dual Occupancies has been the policy document that developments of this sought are assessed against. Whilst it is noted that the proposal also does not comply with the preferred numerical maximum solution for floor area in the DCP, the level of non compliance is less than that when compared with the non compliance under the RLEP. This shortfall would ordinarily not require referral and consideration at a Council meeting and the proposed bulk and proposed development would be consistent with the objectives and performance requirements under the DCP for floor area.

 

One submission was received from the southern neighbours located at No. 35 Park Avenue. The only issue raised is that they seek assurance that the proposed management of the construction site does not require access to their property and that rubbish and deliveries occur on the subject site and do not impinge on their site. In this respect, suitable conditions have been included to ensure the subject site is managed appropriately

 

The main issues with the application include non complying floor space ratio and landscaped area, and the ground level is sought to be located along the southern side boundary. These are addressed in the body of this report where it is considered the proposed alterations and additions are acceptable having regard to the adverse impacts and its compatibility with the bulk and scale of surrounding development. Where non compliance occurs it is considered that this is largely an unavoidable consequence of the site’s configuration on an east west axis rather than a result of inappropriate design.

 

Overall, the proposed development is considered to have satisfied the relevant objectives under the RLEP and the objectives and performance requirements of the DCP for Multi Unit Housing 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

 

Alterations and additions to the existing semi detached dwelling including new attic addition.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located at the eastern side of the Park Avenue. The site has a frontage of 5.435m to Park Avenue, a rear boundary width of 5.245 and a total site area of 141.2sqm. The site contains a semi detached dwelling whose common side boundary is located along the northern side boundary. The neighbouring sites to the south and north are semi detached dwellings whose front portions form party walls with each of the neighbouring dwellings and other dwellings located at no 25 & 27 Park Avenue with their dwellings located along the southern side boundaries. The surrounding area contains residential dwellings with some multi unit flat buildings in the near vicinity.

 

Aerial view of subject site and surrounding sites showing nil or minimal southern side boundary setbacks.

 

4.    Site History

 

No relevant applications.

 

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:

 

5.1      Floor space ratio

A SEPP 1 objection has been submitted to Council, pursuant to Clauses 20F of RLEP 1998, regarding the 0.65:1 maximum FSR standard for 2C Zoned sites. The proposed variation is summarized in the table below:

 

 

Floor space ratio

Proposal

0.75:1 (105.9m2 ;24.9m2 of additional floor area sought)

Existing FSR

0.55:1

LEP development standard

0.65:1 (91.78m2)

Excess above LEP standard (excess above floor area)

15% excess (14.12m2)

 

Assessment against Land & Environment Court Precedent

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 comment:

The proposed development exceeds the floor space ratio control in combination with a shortfall in landscaped area side setback from the southern side boundary, which does not meet the DCP preferred solution. However in the context of the existing locality, which includes a number of semi-detached dwellings, located along southern side boundaries, 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 be reasonably 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, current levels of solar access to the southern neighbours north facing windows are quite minor and the difference between a complying development (that is with a 3.5m height with a setback of 900mm from the southern side boundary) with the proposed development (height of 2.65m and a nil setback from the southern side boundary) is minimal in terms of overshadowing and solar access during the winter solstice.

 

In respect to the other non compliances with landscaped area, it is considered that these are minor and do not significantly exacerbate the non complying floor space ratio requirements. Further, it is important to note that it was never the intent to apply the maximum floor area standard under the RLEP to these types of dwellings where historically the Development Control Plan for Dwelling Houses and attached Dual Occupancies has been the policy document that developments of this sought are assessed against. Whilst it is noted that the proposal also does not comply with the preferred numerical maximum solution for floor area under the DCP, the level of non compliance would ordinarily not require referral and consideration at a Council meeting particularly given that the proposed bulk of the proposed development is considered to be consistent with the objectives and performance requirements under the DCP for floor area. 

 

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.”

 

Assessment Officer’s comment:

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 2C 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”.

 

Assessment Officer’s comment:

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

 

5.2      Landscape area:

 

Proposed variation to the development standard

Pursuant to Clause 20E(2) of RLEP 1998, the minimum landscaped area required for the subject site other than for a dwelling house, within Zone No 2C is 50% of the total site area. As the site area is 141.2m2, a minimum landscaped area of 50% would represent 70.6m2 on this site. The following is proposed:

 

Proposed total landscaped area (a)

47.8m2 (34%) only 6.5sqm2 of reduced landscaped area sought)

Required minimum landscaped area (b)

70.6m2 (50%)

Variation to the standard of required landscaped area ((a) - (b))/(b)

22.8m2 (32%)

 

The proposal as submitted seeks a variation to the following control contained in RLEP 1998:

 

Clause 20E(2): Development, otherwise than for the purpose of a dwelling house, within …..  Zone 2C must provide a minimum of 50% of the total site area as landscaped area.

 

The above provision is a numerical development standard contained in the statutory plan.

 

Assessment against Land & Environment Court Precedent

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

 

Matter 1

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

 

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

 

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

 

The applicant has submitted a written SEPP 1 Objection, which outlines the following key justifications for the variation to the minimum landscape area standard:

 

Assessment Officer’s comment:

As noted by the table above, the proposal has a landscaped area of 34% or 47.8m2, which represents a shortfall to Council’s control by 32% or 22.8m2 of landscaped area.

 

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

 

·        Whilst it is acknowledged that the proposed development does not comply with the maximum floor space ratio specified in Councils statutory planning instrument, being RLEP 1998, it is nonetheless considered that the proposed scale and footprint is comparable to similar developments in the surrounding built environment, and does not detract from the prevailing character of the locality.

 

·        The floor areas and dimensions of the proposed dwelling are not excessive in scale and will allow suitable living amenity for the occupants. The internal floor layout will achieve satisfactory natural lighting and ventilation.

 

·        The site is constrained by the small lot size and narrow width. As a result this restricts development of the site and therefore impacts the layout opportunities available on the site.

 

·        The proposed landscape is contextually in character with the area and affords an acceptable level of amenity within the development and to the adjoining properties. Hence, it is considered that the character of the area is maintained.

 

·        Recent legal advice pertaining to the definition of multi unit housing and dwelling houses has now meant that development sought to semi detached dwellings are now subject to the standards under the RLEP and the DCP for Multi unit housing which was never the intended application of these standards and or policy controls. Council is currently exhibiting an amendment to the definition of semi detached dwellings to ensure that the standards in the LEP are no longer application and for these types of developments to be assessed against the relevant building design criteria under the DCP for Dwelling Houses and Attached Dual Occupancies which is the intended policy document pertaining to development sought on sites containing semi detached dwellings. In this respect, the proposed developments non compliance with the DCP preferred minimum landscaped area is reduced to minor levels with a variation of only 8.6sqm or 6% below the policy control solution of 40%.

 

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

 

Matter 2

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

 

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

 

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

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

 

Assessment Officer’s comment:

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

 

Matter 3

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

 

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

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

 

Assessment Officer’s comment:

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

The underlying objective of the minimum landscaped area standards would not be defeated or thwarted as full numerical compliance in this particular instance is unreasonable. The building structures are considered to satisfy the purposes of the development standards in question.

 

Fourth

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

 

Comments:

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

Fifth

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

 

Comments:

The current RLEP 1998 (Consolidation) has maintained the Residential 2C zoning for the site. The existing Residential 2C 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, in accordance with the Randwick Development Control Plan – Public Notification. As a result of the notification, the following submission was received:

 

6.1    Objections

 

37 Gilderthorpe Avenue, Randwick

Issues

Comment

Seek assurance that the proposed management of the construction site does not require access to their property and that rubbish and deliveries occur on the subject site and do not impinge on their site.

Suitable conditions have been included to ensure the subject site is managed appropriately.

 

7    Technical Officers Comments

 

None required.

 

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. 2C (Residential C 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 2C Zone

Clause 12 ensures that consideration is given to the impact of development within the 2C 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 objectives and performance requirements 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 middle of the site, and only one storey at the rear of the dwelling which will maintain 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 demolition and construction processes.

 

Clause 20E Landscaped area

Clause 20E(1) states that within zone 2C the minimum landscaped area for anything other than a dwelling house is 50% of the total site area. The proposed development does not comply with the minimum landscaped area required, however as shown under Section 5 of this report it is considered that the proposed 34% is acceptable.

 

Overall, it is considered that the proposed alterations and additions to the semi detached dwelling and the resultant landscaped area are 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 20F – Floor Space Ratios

Clause 20F states that within zone No.2C the maximum floor space ratio for anything other than dwellings is 0.65:1. The proposed development seeks a floor space ratio of 0.75:1 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 whilst continuing to not comply with the preferred solution, it would be considered to comply with the performance requirements and objectives for floor area under the DCP and would be an acceptable form of development in terms of bulk and scale and would not be dissimilar to other two storey semi detached dwellings in the locality.

 

Overall, it is considered that the proposed alterations and additions to the semi detached dwelling are 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 states that within zone 2C the maximum external wall height for a building other than a dwelling house is 10m and 12m for the overall height from any point on ground level. The proposal complies with the overall and maximum external wall height.

 

8.1 Policy Controls

a.    Development Control Plan (DCP) Multi unit housing

Building Design Criteria

Height:

The proposed development has a maximum overall height of 5.75m and a maximum external wall height of 5.2m complies with the DCP preferred solutions. It is noted that the proposed first floor addition is sought to be set well behind 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 maintaining the streetscape amenity and symmetry with the adjoining semi’s.

 

Building Setbacks:

Front and rear boundary setbacks comply with the DCP solutions.

 

Side setbacks:

 

Ground level:

 

The proposed development has a nil side setback from the southern side boundary and does not comply with the DCP preferred solution. However, the proposed development will not result any unreasonable or significant adverse impacts on the amenity of the adjoining properties or the locality having regard to the non complying side setbacks at ground level. In this respect, it is noted that the current levels of solar access to the southern neighbours north facing windows are at low levels and the difference between a complying development (that is with a 3.5m height with a setback of 900mm from the southern side boundary) with the proposed development (height of 2.65m and a nil setback from the southern side boundary) is minimal in terms of overshadowing and solar access during the winter solstice.

 

 

 

First floor level:

 

The proposed development has a 100mm side setback from the southern side boundary and does not comply with the DCP preferred solution. However, the non complying first floor southern side setback is considered acceptable on the basis that the proposed addition is located at the front part of the semi (behind the roofs main ridge line) and the additions projection beyond the building envelope will not result in any appreciable benefits of solar access to the southern neighbours north facing windows even if it were made to comply. In terms of the later, it is also noted that a complying side setback from the southern side boundary would unnecessarily reduce the functionality of the upper stair living area without result in any appreciable benefits to the southern neighbour’s property.

 

Density (Floor Space Ratio (FSR)):

The DCP allows for a maximum FSR of 0.65:1 and the proposed development seeks an FSR of 0.75:1, and does not comply with the DCP solution. See discussion under Section 5 of report pertaining to SEPP 1 objection to the FSR standard and policy control.

 

Environmental Controls

Landscaping:

The DCP prefers a minimum landscaped area of 50% of the site be provided as landscaped area and adequate provisions be made for recreational private open space. The proposed development provides only 34% of the site as landscaped area and does not comply with the preferred minimum. See Section 5 of report pertaining to SEPP 1 objection to the landscaping standard and policy control.

 

Privacy:

The proposed development complies with the performance requirements and objectives for privacy under the DCP.

 

View Sharing:

The proposed development complies with the performance requirements and objectives for view sharing under the DCP.

 

Solar access and Energy Efficiency:

The DCP requires that at least three hours of solar access be provided to the subject sites principle living area and private open space and that the neighbours access to solar access not be reduced to less than three hours between 9am - 3pm on 21 June (mid winter).       

 

North facing living room windows: The proposed development is somewhat constrained by the east west configuration of the site. In this respect,  whilst the proposed development will result in additional overshadowing to the neighbours north facing windows and result in less than three hours of solar access being retained to their lounge room window it is not considered that there would be any appreciable difference between the overshadowing caused by the proposed developments side setback and that of a complying development and that this is largely an unavoidable consequence of the sites configuration rather than a result of inappropriate design.

 

Solar access to rear yard:

The proposed development will continue to allow for three hours of solar access to the rear yard of both the subject site and to the southern neighbours.

 


Facilities and Access

 

Parking:

The proposed development increases the number of bedrooms on site from 2 to three and therefore requires two car spaces to be provided on site. The existing development does not contain any provision for parking and it is considered onerous to require parking on site given the constraints of such a small allotment of land, the proposed development is not dissimilar to the adjoining developments in terms of shortfalls in parking and the additional demand for on street parking is not considered to be significant.

 

Utilities:

The site contains adequate utilities on site.

 

Waste minimisation and management:

Appropriate conditions have been included to ensure management of the waste on site is carried out against adequate waste minimisation principles.

 

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 $100,000 and <$200,000

$112,640

0.5%

$563.20

 

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 2C 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 and the Multi unit housing DCP.

 

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 submission received has 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 of the DCP for Multi unit housing.  Where compliance has not been achieved with the RLEP provisions for floor space and landscaping and the DCP solutions, the proposal is considered to be acceptable and it is unreasonable for the numerical standards and solutions to apply particularly having regard to the scale of the development being consistent with surrounding developments and the level of impacts being largely unavoidable as a result of the sites small size and its configuration on an east west axis. 

 

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 objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20E and 20F of Randwick Local Environmental Plan 1998 (Consolidation), relating to landscaped area and floor space ratios 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. DA/338/2011 for alterations and additions to the existing semi detached dwelling including new attic addition at 33 Park Avenue, Randwick, 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

A02/01

AAB

9 May 2011

11 May 2011

A03/01

AAB

9 May 2011

11 May 2011

A04/01

AAB

9 May 2011

11 May 2011

A05/01

AAB

9 May 2011

11 May 2011

 

BASIX Certificate

No.

Dated

Received

 

A110776

7 May 2011

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

 

External materials, finishes and colours of the building are required to match, as closely as possible, the existing building and any metal roof sheeting is to be pre-painted (e.g. Colourbond) to limit the level of reflection and glare.

 

Note: the proposed roof sheeting colour (surf mist) is considered an inappropriate colour as it tends to be highly reflective.

 

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

 

c)     The proposed wall to be built along the southern side boundary shall constructed with proper workmanship and be treated to be consistent with the colour scheme of the dwelling at No. 35 Park Avenue. Details of proposed colours and materials are to be submitted to Council for approval prior to issuing of a Construction Certificate.

 

Building Setbacks

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 $112,640 the following applicable monetary levy must be paid to Council:   $1,126.40.

       

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/upper floor 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.

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.

 

Stormwater Drainage

9.       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

10.     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

11.     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

12.     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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

Dilapidation Reports

15.     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

16.     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

17.     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

18.     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

19.     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

20.     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

21.     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

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

23.     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

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

 

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

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

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

 

Sediment & Erosion Control

25.     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

26.     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.

 

Excavations, Back-filling & Retaining Walls

27.     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

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

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

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

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

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

29.     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

30.     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

31.     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

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

 

Road/Asset Opening Permit

33.     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

34.     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

35.     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.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

36.     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.

 

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

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

External Lighting

38.     External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and Council’s policies.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

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

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

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

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

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

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

 

Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

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

 

·          A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

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

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

§  Placement of a waste skip or any other container or article.

 

For further information please contact Council’s Building Approvals & Certification team on 9399 0944.

 

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

·          Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                  23 August 2011

 

 

Director City Planning Report No. CP76/11

 

 

Subject:                  63 Partanna Avenue, Matraville (DA/303/2011)

Folder No:                   DA/303/2011

Author:                   Adrian McKeown, Environmental Planning Assessment Officer     

 

Proposal:                     First floor alterations and additions to the existing dual occupancy and construction of a car port to the front of the dwelling

Ward:                      South Ward

Applicant:                Kim and Tanya Phillips

Owner:                         Kim and Tanya Phillips

Summary

Recommendation:     Approval

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

Council recently received legal advice that semi-detached dwelling houses in the Residential 2A Zone should be classified as attached dual occupancies. This is due to the fact that “semis” are constructed with a common dividing wall between the two dwellings and as such are not structurally independent of each other. Hence, the two dwellings are contained within the one building and the development should be classified as an attached dual occupancy rather than dwelling houses.

 

The application has been referred to the Council for determination as the proposed development includes a SEPP 1 Objection of greater than 10%, relating to a proposal to exceed the development standard for floor space ratio by 28% [pursuant to Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation)]. The applicant submitted a SEPP1 Objection with the development application. 

 

Whilst the proposal exceeds the maximum floor space ratio standard by 28%, it should be noted that if the proposal were to be assessed against the preferred solution for floor space ratio under the DCP for Dwelling Houses and Attached Dual Occupancies, it would comply with the preferred solution that sites with an area of 245m2 have a maximum floor space ratio of 0.65:1. Notwithstanding, a SEPP 1 objection has been submitted and appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case.

 

The Development Application seeks consent for first floor alterations and additions to an existing dwelling and the construction of a new car port to the front of the dwelling.  The application was notified to the surrounding properties and no objections were received during the notification period.  The application is recommended for approval.

 

2.    The Proposal

 

The works involve the extension of an existing first floor addition to include a master bedroom with a rear deck, a small sitting room and two ensuite bathrooms.  It is also proposed to construct a car port to the front of the dwelling.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the southern side of Partanna Avenue within the Zone No 2A (Residential A Zone). The site has a frontage of 6.6m, a depth of 37.8m and a total area of approximately 245m2. The site has a northerly aspect and is relatively level. A semi-detached dwelling exists on the site with a first floor addition to the rear (approved under BA/1099/1986). Single storey semi-detached dwellings are located to the east of the subject site and the adjoining semi-detached dwelling is to the west of the site. The streetscape is varied and includes existing examples of carports forward of the building line (See further discussion below - Part 10.4 and Figures 3 - 7).

Figure 1:  The existing semi-detached dwelling on the subject site (left of photo).

 

4.    Site History

 

·      Council approved Building Application BA/534/1992 for additions to the dwelling;

 

·      Council approved Building Application BA/1099/1986 for a first floor addition to the dwelling; and

 

·      Council approved Building Application BA/465/1985 for a timber framed garden shed.

 

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

 

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

 

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

 

It is noted that Council’s calculations for gross floor area differed from the applicant’s in that Councils’ calculations resulted in a lower gross floor area than that achieved by the applicant.

 

1.       

2.     Floor Space Ratio

3.     LEP development standard

4.      0.5:1

5.     Proposal

6.      0.64:1 - gross floor area of 156.6m2  (Council’s calculation)

7.     Excess above the LEP standard

8.      34.1m2 above the development standard which equates to a proposed 28% excess.

 

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

 

Matter 1

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

 

·      Comments:

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

 

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

 

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

 

-        The development is a virtual mirror image of an approved first floor addition to the neighbouring semi-detached dwelling at 61 Partanna Avenue (approved under DA/671/2010);

 

-        The development will improve the appearance of the existing dwelling which is ugly as viewed from the streetscape. Further, no works are proposed to the ground floor of the dwelling; and

 

-        The development is consistent with existing semi-detached dwellings on the street where first floor additions have been constructed.

 

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

 

-        The development standard is intended to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area and it is considered that the proposal is not inconsistent with this objective. The proposed first floor addition will result in a semi-detached dwelling which is consistent with the adjoining semi-detached dwelling (as approved under DA/671/2010) and with existing residential development in the area;

 

-        The proposed development would comply with the preferred solution for maximum floor space ratio, as stated within Council’s DCP for Dwelling Houses and Attached Dual Occupancies; and

 

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

 

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

 

 

 

Matter 2

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

 

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

 

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

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

 

·      Comments:

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

 

The proposal is also consistent with the relevant objectives of the Residential 2A Zone in that it will allow development which is consistent with the desired character of the locality and which will protect the amenity of existing residents.

 

Matter 3

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

 

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

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

 

·      Comment:

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

The floor space ratio standard has not been abandoned or discarded by any decision or actions of Council.

 

Fifth

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

 

Comments:

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

 

 

6.    Community Consultation

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  No submissions were received regarding the application. 

 

7.    Technical Officers Comments

 

The application was not required to be referred to relevant technical officers within Council, or to any external bodies.

 

8.    Master Planning Requirements

 

The site has a site area less than 10,000sqm and is not subject to the requirements of Clause 40A of the Randwick Local Environmental Plan 1998 (Consolidation) - Site specific development control plans.

 

9.    Relevant Environmental Planning Instruments

 

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

 

9.1      SEPP (Building Sustainability Index: BASIX) 2004.

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

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

 

9.2      Randwick Local Environmental Plan 1998

The site is zoned 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 - Zone No 2A (Residential A Zone)

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

 

Clause 20E   Landscaped area

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

 

Clause 20F   Floor space ratio

The maximum floor space ratio for a building, other than a building erected for the purpose of a dwelling house, within the 2A (Residential A Zone) is 0.5:1 whereas the proposed maximum floor space ratio is 0.64:1. The proposal does not comply with the development standard and the applicant submitted a SEPP 1 Objection with regard to the non-compliance (see further discussion above – Part 5).

 

Clause 20G   Building heights

The maximum height for a building, other than a dwelling house, within Zone No 2A is 9.5 metres measured vertically from any point on ground level and the maximum height for any external wall of a building, other than a dwelling house, within Zone No 2A is 7 metres measured vertically from any point on ground level.  The proposed maximum building height is 9.1 m and the proposed external maximum wall height is 6.2m. The proposal complies with the clause.

 

9.3 Policy Controls

9.3.1   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. 

 

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

40%

Yes

25m² of private open space provided.

52.8m2 +

Yes

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

8m x 6.6m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

29.6%

Yes

Height, Form & Materials

External wall height maximum 7m

6.1m

Yes

External wall height to the rear maximum 3.5m.

N/A

N/A

Cut or fill maximum 1m.

N/A

N/A

No excavation within 900 mm of a side boundary.

N/A

N/A

No excavation within 4m of a rear boundary.

N/A

N/A

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

N/A

N/A

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

Yes

See further discussion below – Part 10.1.

Building setbacks

Front setback average of adjoining dwellings or 6m

Existing 5.9m setback will be maintained

Yes

Rear boundary setback at least 4.5m

Existing 11.2m setback will be maintained

Yes

Side setbacks be 900mm at ground level.

Existing 1.2m setback will be maintained

Yes

Side setbacks be 1.5m at second floor level.

Proposed first floor addition will include a 1.2m setback to the eastern property boundary and a nil setback to the adjoining dwelling to the west.

See further discussion below - Part 10.2.

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.

None

Yes

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

Proposed east-facing windows will overlook the roof of the neighbouring dwelling only (65 Partanna Avenue) and will not result in any unreasonable privacy impact.

The proposed rear-facing first floor balcony and window will overlook the adjoining rear yards to the east and west.

See further discussion below - Part 10.3.

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

Not required

N/A

Safety & Security

Front doors of dwellings are visible from the street.

Yes

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

Bedrooms

Yes

Garages & Driveways

 

 

 

 

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

1 space

See further discussion below - Part 10.4.

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

Existing car space has maximum dimensions of 5.6m x 3.4m. No change is proposed to the existing.

N/A

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

Yes

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

Yes

 

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

Yes

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

No impact to existing or future north-facing solar collectors.

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

No impact to north facing living room windows

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

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

Yes

 

9.3.2   Section 94A Contribution DCP:

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

 

Category      

Cost

Applicable Levy

S94A Levy

Development cost more than $200000

 

$206,140

1%

$2,061.00

 

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

 

9.4 Council Policies

No Council policies are relevant to the proposal.

 

10. Environmental Assessment

 

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

 

10.1    Visual Bulk, Height Form and Materials:

 

The proposal exceeds Council’s development control for floor space ratio however support for the non-compliance is recommended (See further discussion above - Part 5). The proposal is in keeping with adjoining development in terms of height and materials and the proposed first floor is setback to retain a substantial portion of the existing ground floor roof line as well as to respect the symmetry of the semi-detached dwellings on the site and the site to the west (61 Partanna Avenue).

 

10.2    Reduced side setback:

The DCP preferred solution for side setbacks at first floor level is 1.5m whereas the proposed first floor addition will include a 1.2m setback to the eastern property boundary and a nil setback to the adjoining dwelling to the west (61 Partanna Avenue). These reduced setbacks are considered acceptable for the following reasons:

 

·      No unreasonable impacts will result as a result of visual bulk or overshadowing;

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

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

 

10.3    Visual Privacy:

Proposed east-facing windows will overlook the roof of the neighbouring dwelling only (65 Partanna Avenue) and will not result in any unreasonable privacy impact. The proposed rear-facing first floor balcony and window will however overlook the adjoining rear yards to the east and west. The non-compliance with the preferred solution is supported for the following reasons:

 

·      The proposed balcony is modest in size, measuring 2m (w) x 2.6m (d);

·      The proposed balcony is accessed from a bedroom and the proposed use of the room as a bedroom is considered to be a low-traffic area of the dwelling;

·      An existing south-facing window to the first floor of the subject dwelling already overlook the rear yards of surrounding properties (See Figure 2 below); and

·      No objections were received as a result of the notification of the application to the owners of surrounding properties. 

 

Figure 2:  Rear view of the existing semi-detached dwelling on the site.

 

10.4    Off-street parking

The parking requirement for a dwelling house with 3 or more bedrooms is 2 off-street parking spaces, whereas the proposed 3 bedroom dwelling provides one existing off-street parking space only. Nevertheless, the non-compliance has been assessed against the relevant Objectives and Performance Requirements and is supported given that the proposed use will not generate an unreasonably high demand for additional parking in the locality.

 

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

 

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

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

·      Site constraints are such that further off-street parking cannot be provided in the front setback of the site. 

 

It is recommended that the proposed carport forward of the building line be deleted from plans, prior to the issue of a construction certificate. Whilst it is acknowledged that the proposed carport would be in keeping with existing carports forward of the building line on Partanna Avenue (see Figures 3 – 7 below), it is also noted that the existing carports and garage to Partanna Avenue were all approved prior to the adoption by Council of the Dwelling Houses and Attached Dual Occupancies DCP (effective from 20 December 2002). Several approvals have been granted since this date, but only for alterations to existing carports on Partanna Avenue.

The DCP requires that where vehicular access is only available from the front of the allotment, that carports and garages be located behind the building line. This is intended to ensure that on-site car parking does not detract from the appearance of dwellings or the local streetscape. Should the current proposal be approved, it is considered that the development would detract from the appearance of the semi-detached dwellings on the subject site and on the adjoining site, and would therefore have a deleterious affect on the streetscape. Further, approval of the proposal would continue an undesirable precedent for carports forward of the building line, as far as Council’s own actions in granting consents departing from the preferred solutions of the DCP are concerned.

 

10.4.1        Previously approved off-street parking development in Partanna Avenue:

 

Address

DA

Description

 

53 Partanna Avenue

DA/563/2004

New roof  to existing carport

 

53 Partanna Avenue

BA/504/1974

New carport

 

55 Partanna Avenue

BA/1160/1983

New carport

 

55 Partanna Avenue

DA/1169/2002

Alterations and additions and to the dwelling front carport

 

57 Partanna Avenue

DA/111/2005

Section 82A  Application (approved) to review Condition No. 4 of the consent by increasing the width of the front carport from 3.5m to 4.65m.

 

57 Partanna Avenue

DA/111/2005/A

Refused for Section 96(2) Increase the width of the approved carport from 3.5m to 4.65m (amend condition 4)

 

66 Partanna Avenue

BA/499/1971

New carport

 

68 Partanna Avenue

BA/777/1989

New carport

 

68 Partanna Avenue

BA/449/1984

New carport

 

 

 

10.4.2        Existing off-street parking on Partanna Avenue:

 

 

 

 

Figure 3:  Existing carports at 57 Partanna Avenue and 55 Partanna Avenue.

Figure 4:  Existing carports at 55 and 53 Partanna Avenue.

 

 

 

 

 

Figure 5:  Existing carport at 70 Partanna Avenue.

 

Figure 6:  Existing carport at 68 Partanna Avenue.

 

 

 

Figure 7:  Existing garage at 52 Partanna Avenue.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4          Excellence in urban design and development.

Direction 4A:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal (as recommended to be conditioned), complies with the objectives and performance requirements of the Dwelling Houses and Attached Dual Occupancies DCP however does not comply with a relevant development standard of the RLEP 1998 (Consolidation). Nevertheless, support is recommended for the SEPP 1 Objection relating to Floor Space Ratio.  As recommended to be conditioned, the proposed development would not result in any unreasonable or significant adverse impacts upon the amenity of the adjoining premises and the character of the locality.

 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/303/2011 for first floor alterations and additions to the existing dual occupancy and construction of a car port to the front of the dwelling, at No. 63 Partanna Avenue, Matraville, 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

A01E

Al4dradting

March 2011

29 April 2011

A05E

Al4dradting

March 2011

29 April 2011

A07E

Al4dradting

March 2011

29 April 2011

A09E

Al4dradting

March 2011

29 April 2011

A11E

Al4dradting

March 2011

29 April 2011

A12E

Al4dradting

March 2011

29 April 2011

 

BASIX Certificate

No.

Dated

Received

 

A108818

24 March 2011

29 April 2011

 

2.       The colours must be generally consistent with the submitted External Finishes Schedule received by Council on 29 April 2011.

 

Amendment of Plans & Documentation

3.       The proposed carport is to be deleted and plans are to be amended to reflect this requirement, prior to the issue of a construction certificate.

 

This condition is included to ensure that the on-site car parking does not detract from the appearance of the existing semi-detached dwellings on the subject site and on the adjoining site, and to ensure that undesirable precedent for carports forward of the building line is not further extended to the subject site.

 

4.       The privacy screen to the eastern end of the rear first floor balcony shall be constructed using materials which have a total area of openings no greater than 25% of the area of the screen. Alternatively the screen may be constructed from solid obscured glazing or from louvres which are fixed at an angle to prevent direct overlooking. Plans are to be amended to reflect this requirement, prior to the issue of a construction certificate.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

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

 

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

Consent Requirements

5.       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

6.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $206,140, the following applicable monetary levy must be paid to Council:   $2,061.00.

       

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

7.       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

8.       A Certificate of Adequacy must be supplied by a professional engineer, to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development. The Certificate of Adequacy shall address the structural adequacy of the existing dwelling to support the additional upper floor addition.

 

Long Service Levy Payments

9.       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.

 

BASIX Requirements

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

 

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

 

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

 

Smoke Alarms

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

·          Occupational Health & Safety Act 2000 & Regulations

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

·          WorkCover NSW Guidelines and Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECCW/EPA Guidelines

·          Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

·          Randwick City Council’s Asbestos Policy

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

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

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

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

 

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

 

Site Signage

23.     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

24.     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

25.     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

26.     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

27.     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

28.     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

29.     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

30.     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

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

 

External Lighting

32.     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.

 

 

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                  23 August 2011

 

 

Director City Planning Report No. CP77/11

 

 

Subject:                  8 Caerleon Crescent, Randwick (DA/211/2011)
 

Folder No:                   DA/211/2011

Author:                   Adrian McKeown, Environmental Planning Assessment Officer     

 

 Proposal:                    Alterations and additions to existing multi-unit development including new first floor and deck at rear

Ward:                      North Ward

Applicant:                Cape Cod Australia Pty Ltd.

Owner:                         Mark and Ariella Green

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application has been referred to Council for determination at the request of Councillors Tracey, Bowen and Stevenson. The Development Application seeks consent for alterations and additions to the existing semi-detached dwelling house including the construction of a new first floor addition and a raised deck at ground floor level to the rear of the site. 

 

The application would ordinarily have been referred to Council for determination, as the proposed development (as amended) proposes to exceed the development standard for floor space ratio by 11.4%, pursuant to Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation). The applicant submitted a SEPP1 Objection with the development application.

 

It is also noted that the proposal does not comply with development standard for landscaped area. Despite the shortfall for the minimum development standard for landscaped area being more than 10%, the application would not have required the submission of a SEPP 1 Objection, as there is no proposal to decrease the existing landscaped area on the site.

 

The application was notified to the surrounding properties and 5 objections were received during the two notification periods. Issues raised in the objections include the impact of the proposal on the appearance of the semi-detached dwellings on the subject site and the adjacent sites with regard to  streetscape, perceived bulk and scale, the use of an existing chimney by the occupants of the adjoining semi-detached dwelling, overshadowing and visual privacy.

 

The application is recommended for approval.

 

2.    The Proposal

 

The Development Application seeks consent for alterations and additions to the existing semi-detached dwelling house including the construction of a new first floor addition. The first floor addition will include 2 bedrooms, a walk-in wardrobe and a bathroom. A raised deck measuring 3m x 5.5m and with a deck level 1.6m above ground level, is proposed at ground floor level to the rear of the dwelling.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the eastern side of Caerleon Crescent within the Zone No 2B (Residential B Zone). The site has a frontage of 9.2m, a depth of 21.9m and a total area of 199.6m2. The site has a westerly aspect and slopes towards the rear. The adjoining semi-detached dwelling at 6 Caerleon Crescent is to the north of the site and two storey semi-detached dwellings are located to the south of the site. A three storey residential flat building is located to the east of the site. The locality is residential in character and consists primarily of single and two storey detached and semi-detached dwellings on Caerleon Crescent, with some residential flat buildings to the east of the site.

 

   

Figure 1:  The subject dwelling as viewed from Caerleon Crescent.

 

4.    Site History

 

Application number:

Details:

 

BC/44/2003

 

Approved - Building certificate.

 

BC/65/1989

 

Approved - Building certificate.

 

BA/175/1985

 

Approved - Brick fence

 

BA/1283/1977

 

 

Approved - Alterations

 

5.    State Environmental Planning Policy (SEPP) No. 1 Development Standards – Floor Space Ratio

 

5.1      SEPP 1 - Floor Space Ratio

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

 

Pursuant to Clause 20F  (Floor Space Ratios) of the Randwick Local Environmental Plan 1998, the maximum floor space ratio for development, other than for the purpose of a dwelling house on land zoned 2B Residential is 0.65:1. The proposed variation is summarized in the table below:

 

 

Floor Space Ratio

LEP development standard

0.65:1

Proposal

0.72:1 - gross floor area of 144.5m2

Excess above the LEP standard

14.8m2 above the development standard which equates to a proposed 11.4% excess.

 

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

 

Matter 1

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

 

·      Comments:

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

 

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

 

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

 

-        The departure from the development standard will result in a development which is commensurate with approved development within the locality. Council approved a similar development at 10 Caerleon Crescent (DA/924/2009 with an approved FSR: 0.75:1);  sic – see below;

 

-        The development is consistent with similar structures to the locality including similarly sized dwellings and three story residential flat buildings to the rear (east); and

 

-        A fully compliant development would result in an unusable space for the occupants or no first floor addition at all.

 

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

 

-        The existing development is proposed to be increased such that the floor space ratio standard would be exceeded by a marginal amount (14.8m2);

 

-        The development standard is intended to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area and it is considered that the proposal is not inconsistent with this objective. The proposed first floor addition (as amended) is consistent with residential development in the area and ancillary to the existing semi-detached dwellings to the site;

 

-        The development will be commensurate in terms of perceived bulk and scale, with approved development within the locality; particularly with the adjoining semi-detached dwelling at 10 Caerleon Crescent (approved under DA/924/2009; with an FSR of  0.69:1);

 

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

 

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

 

Matter 2

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

 

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

 

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

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

 

·      Comments:

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

 

The proposal is also consistent with the relevant objectives of the Residential 2B Zone in that it will allow development which is ancillary to the present use of the site as an attached dual occupancy development, which is consistent with the desired character of the locality.

 

Matter 3

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

 

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

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

 

·      Comment:

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

 

 

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

Fourth

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

 

Comments:

The floor space ratio standard has not been abandoned or discarded by any decision or actions of Council.

Fifth

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

 

Comments:

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

 

6.    Community Consultation

 

The owners of adjoining and likely affected neighbouring properties were initially notified of the proposed development in accordance with the DCP – Public Notification between 30 March 2011 and 13 April 2011.

 

Amended plans received by Council on 31 May 2011 were re-notified to those neighbours who had made previous submissions to Council only; the owners of 6 Caerleon Crescent  and 3 Caerleon Crescent. It was not considered necessary to re-notify the amended plans to all of other properties originally notified. The proposed first floor addition was proposed to be changed from an east-west orientation to a north-south orientation. The minor building envelope change would result in a southern wall at first floor level which would be reduced from 9.3m to 7.3m in length; thereby resulting in a reduction in the perceived bulk of the addition as viewed from the neighbouring semi-detached dwelling to the south (10 Caerleon Crescent). Further, The additional bulk to the eastern and western elevations was considered acceptable as viewed from the streetscape and from the multi-unit dwellings to the rear of the site as the bulk would be substantially obscured by the existing roof line to the streetscape and by a substantial existing vegetative screen to the rear of the site (see Figures 4 & 5 below).

 

Amended plans received by Council on 19 July 2011 showed that a window had been deleted from the western elevation of the first floor addition and that north-facing windows to first floor addition are shown as fixed. These amendments were not required to be re-notified. Fixed windows were included in order to prevent smoke from chimneys on the boundary between 6 & 8 Caerleon Crescent from affecting the occupants of the subject site, and these changes were undertaken in response to a submission from the owner of 6 Caerleon Crescent.

 

Amended plans received by Council on 1 August 2011 showed a change in the roof form of the proposed first floor addition from a pitched roof to a hipped roof. As the roof form change was in response to Council and objector concerns regarding the roof form and streetscape impact, it was not considered necessary to re-notify the amended plans to the owners of properties in the locality.

 

6.1      Objections

The following submissions were received in response to the notification of the proposal:

 

A.        6 Caerleon Crescent

 

Issue

Comment

The proposed first floor extension is a massive increase in bulk and destroys the character and symmetry of the building form.  Other developments and first floor extensions in the street have been built behind the main ridge-line so as to be unobtrusive and sympathetic to the streetscape.

 

The adjoining semi-detached dwelling [6 Caerleon Crescent] is not involved in, nor considering, a first floor extension.

 

The proposal is inconsistent with the preferred solutions of the Draft DCP - Dwelling Houses and Attached Dual Occupancies [2005], which includes the following guidelines for existing semi-detached housing:

 

A second storey addition of an existing semi-detached should be located behind front roof ridge elements, unless there are demonstrated variations in the street.

 

A second storey addition to an existing semi-detached should respect the architectural character and symmetry of the adjoining dwelling and both dwellings as a complimentary pair, including the roof form, articulation, colours, materials and finishes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chimneys:  The front windows for the proposed first floor extensions are level with and less than 4 metres from our chimney.  We do on occasion use our fireplaces during winter but the proposed DA makes no references to the chimneys or allowances for the smoke.  This needs to be factored into the DA and appropriate controls developed.

 

Should the DA be approved, I request that Cape Cod undertake a Dilapidation Report on No 6 Caerleon Crescent.

 

The proposal has been amended so that the first floor addition is located behind the existing ridge line and includes a hipped roof. The hipped roof will integrate visually with the existing roof form. See further discussion below - Part 10.1.

 

 

Noted.

 

 

 

Council recently received legal advice that semi-detached dwelling houses in the Residential Zones should be classified as attached dual occupancies (or in the Residential 2B Zone as ‘Multi-unit housing). This is due to the fact that “semis” are constructed with a common dividing wall between the two dwellings and as such are not structurally independent of each other. The proposal has therefore been assessed against the objectives and performance requirements of the Multi-Unit Housing DCP.

 

There is no requirement for the proposal to be assessed against the objectives and performance requirements of the draft DCP, as it was not adopted by Council and has not been used as a guideline for development assessment since it was first put into draft form.

 

Nevertheless, it is noted that the proposed first floor addition (as amended) is to be located behind front roof ridge elements. As amended, the proposal is considered to respect the architectural character and symmetry of the adjoining dwelling and both dwellings as a complimentary pair, including the roof form, articulation, colours, materials and finishes (See further discussion below - Part 10.1).

 

See further discussion above - Part 6.1.

 

 

 

 

 

 

 

 

 

Conditioned.

 

B.        Randwick Precinct Committee

Issue

Comment

The proposed first floor addition has a negative streetscape impact as it would project beyond the existing roof ridge line and is not in keeping with other first floor additions approved in this street.  In addition an insufficient setback from the southern boundary exists which results in extensive overshadowing to the property the south.

 

The proposal exceeds the maximum floor space ratio and the SEPP1 arguments advanced for this are not compelling.

 

See further discussion below - Part 10.1.

 

 

 

 

 

 

 

 

 

Support for the SEPP 1 Objection is recommended. See further discussion above – Part 5.

 

C.        3 Caerleon Crescent

Issue

Comment

The proposal would not be in keeping with the symmetry of the adjoining semi or the roofs of the neighbouring semis on the eastern side or western side of the street.

 

The impact of overshadowing on the neighbour at No 10 and their loss of amenity is unacceptable

 

The proposal exceeds the permissible FSR.

 

In the Randwick Heritage and Visual Character Study the council’s heritage consultants Godden Mackay Logan  proposed Caerleon Crescent as a Conservation Area of considerable significant and said it should be recognised and protected.

 

See further discussion below - Part 10.1.

 

 

 

 

 

See further discussion below - Part 9.3.1.

 

 

 

See further discussion above – Part 5.

 

 

There is no requirement for the proposal to be assessed against the objectives and performance requirements of the draft Heritage DCP which was not adopted by Council. Nevertheless the proposal has been amended in order to soften the visual impact of the development with regard to neighbouring dwellings and the streetscape.

 

D.        Further submission - 6 Caerleon Crescent

Issue

Comment

The extension is ‘bulkier’ than the original design. The hipped roof ridge is now higher by some 40cm and the frontage extends almost across the entire width of the semi. This is a considerable increase in ‘bulk’ . The proposed high roof line will dominate the streetscape and certainly overpower the adjoining semi at No 6.

 

While we do have tall units behind us in St. Marks Rd, the streetscape of Caerleon Crescent is definitely Federation and comparing proposed developments to those in St. Marks is unreasonable. The proposal is incorrectly based on Randwick’s Multi Unit Housing DCP rather than the Single Dwelling Houses and Attached Dual Occupancy DCP.

 

 

The proposed design does not respect the symmetry of the adjoining semi. The overall height of the addition is excessive. The height, like other developments in the Crescent, should be restricted to the height of the chimneys and designed to blend in, rather than stand out.

 

If the basement could be incorporated into the design, there would be no need for such a high and bulky addition.

 

 

 

 

The revised proposal has a bedroom window within a metre of our rear chimney. We do use our fireplaces over winter but the revised DA makes no references to the chimneys or allowances for the smoke. 

 

 

 

The windows are right on the boundary of the building, overlooking our property. Future owners of this property may decide to extend upwards but will be limited if the adjoining property has windows along the common boundary. This will decrease the value of our property. Visual privacy needs to be better addressed by modifying the bedroom areas to incorporate rear facing windows.

 

Amended plans have addressed this issue.

 

 

 

 

 

 

 

See further discussion above.

 

 

 

 

 

 

 

 

 

 

See further discussion below - Part 10.1.

 

 

 

 

 

 

 

 

The proposal does not include the deletion of an existing basement area (laundry and storage areas). Nevertheless, the proposed first floor addition is supported.

 

 

The proposed first floor windows on the northern elevation are to be fixed. A window to the western elevation has been deleted. Consequently, no impact will result for the occupants of the subject dwelling with regard to smoke generated from the existing chimneys.

 

 

See further discussion below - Part 10.2.

 

E.         Further submission received from 3 Caerleon Crescent

Randwick Precinct Committee

Comment

The proposal is ‘bulkier’ than the original design, destroys the character and symmetry of the semi-detached dwellings, will not be within the existing roof form and is out of character with the streetscape.

 

The proposed hipped roof will be visually overpowering. 

Amended plans were received to address this concern. See further discussion below - Part 10.1.

 

 

See further discussion below - Part 10.1.

 

 

6.2      Support

No submissions were received in support of the application. 

 

7.    Technical Officers Comments

 

The application was not required to be referred to technical officers within Council.

 

8.    Master Planning Requirements

 

The site has a site area less than 10,000sqm and is not subject to the requirements of Clause 40A of the Randwick Local Environmental Plan 1998 (Consolidation) - Site specific development control plans.

 

9.    Relevant Environmental Planning Instruments

 

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

 

9.1      SEPP (Building Sustainability Index: BASIX) 2004.

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

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

 

9.2      Randwick Local Environmental Plan 1998

The site is zoned Residential 2B under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.  The following clauses of the Randwick Local Environmental Plan 1998 (Consolidation) are applicable to the development:

Clause 20E   Landscaped area

Development, otherwise than for the purpose of a dwelling house, within Zone No 2B must provide a minimum of 50% of the total site area as landscaped area whereas the proposed landscaped area is 41%.

The development does not comply with the development standard however there is no proposal to alter the existing landscaped area provision on the site. Consequently, a SEPP 1 Objection is not required in this instance.

Clause 20F   Floor space ratio

The maximum floor space ratio for a building, other than a building erected for the purpose of a dwelling house, within the 2B (Residential B Zone) is 0.65:1 whereas the proposed maximum floor space ratio is 0.72:1.  The proposal does not comply with the development standard and the applicant submitted a SEPP 1 Objection with the development application (See further discussion above - Part 5).

Clause 20G   Building and wall heights

The maximum height for a building, other than a dwelling house, within Zone No 2B is 9.5 metres measured vertically from any point on ground level and the maximum height for any external wall of a building, other than a dwelling house, within Zone 2B is 7 metres measured vertically from any point on ground level. The proposed maximum height for the dwelling is 9.5m and the proposed maximum height for any external wall of the dwelling is 7m. The proposal complies with the development standard.

 

9.3 Policy Controls

9.3.1   Development Control Plan – Multi Unit Housing

Issue Comment

 

Issue Comment

Reduced front and side setbacks

 

The preferred solutions for side setbacks in a 2B Residential Area are that buildings (including balconies) should maintain a minimum average setback (measured for the length of the building along that boundary) of 4 metres from any side boundary; that no part of the building is closer than 2.5 metres from any side boundary; that the maximum length of any one section of wall (without any articulation) is 10 metres; and that the minimum length of any step is 3 metres.

 

Whilst the proposed first floor addition includes a 0.9m setbacks to the northern and southern boundaries and the proposed deck is to be built to the northern property boundary. The departure from the preferred solutions is supported for the following reasons:

 

·      The proposed first floor addition (as amended) is consistent with the existing and desired character of the streetscape;

·      The dwelling setbacks will be consistent with the existing setbacks of adjoining development and with the dominant setback along the street;

·      The proposal will maintain reasonable levels of solar access and minimise overshadowing;

·      Reasonable levels of privacy between neighbouring dwellings and their open spaces will be maintained; and

·      Opportunities for landscaping and private open space will be maintained and streetscape amenity is maintained.

 

Height 

 

 

 

 

The proposed first floor addition has a maximum height of 9.5m and will not exceed the maximum wall height of 7m. The proposal complies with the objectives and performance requirements of the DCP and the RLEP 1998 (Consolidation).

 

Landscaping & Open Space 

 

 

 

No decrease in the existing landscaped area is proposed. A raised deck is proposed within the rear yard which will maintain the landscaped area available for the occupants of the dwelling, whilst maintaining existing vegetation on the site and existing privacy levels to the area.

Privacy

 

The proposal does not affect current levels of privacy in the locality due to the proposed deck structure being located within the rear setback of the property. Existing vegetative screening to the northern, southern and eastern property boundaries is to remain in place (see Figures 4 & 5 below).

 

The proposed first floor windows will overlook the roofs of adjoining dwellings only and will service bedrooms only. These are considered to be low traffic areas of the dwelling and the proposal will not result in any significant loss of privacy with regard to the private open spaces to neighbouring dwellings.

 

View sharing

 

The proposed amendments to the approved plans do not impose any additional bulk to the existing semi-detached dwelling which may impede existing views across the site from those dwellings adjacent to the site. 

 

Solar Access & Energy Efficiency   

 

 

The proposed development will not result in any unreasonable impact on neighbouring dwellings with regard to overshadowing of private open spaces, north-facing living areas or potential solar collection areas. Private open spaces to the rear of the dwellings will receive at least 3 hours sunlight between 9am and 3pm on 21 June. Further, solar access to future solar collectors on adjacent buildings is maintained between 9am and 3pm each throughout the year.

 

 

9.3.2   Section 94A Contribution DCP

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

 

Development cost

$100,001 - $200,000

N/A

N/A

N/A

Development cost

> $200,001

$206,764

1%

$2,067.60

 

 

 

9.4 Council Policies

No Council policies are relevant to the proposal.

 

10. Environmental Assessment

 

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

 

10.1    Semi-detached dwellings – Visual Symmetry, Visual Bulk and Scale:

The proposal exceeds Council’s development standard for floor space ratio however support is recommended for the SEPP 1 Objection received by Council. The non-compliance is supported given that the proposal (as amended) is consistent with development in the locality in that the first floor addition will be recessed to the rear of the existing semi-detached dwelling and that the proposed new roof form will integrate visually with the existing roof form (see Figures 2 & 3 below). Further, the proposed hipped roof is to be setback to retain a substantial portion of the existing ground floor roof line as well as to respect the symmetry of the semi-detached dwellings on the site and the site to the north (6 Caerleon Crescent).

 

   

Figures 2 & 3:  Semi-detached dwellings at 10 Caerleon Crescent and 1 Caerleon Crescent with first floor additions.

 

10.2    Visual Privacy:

The proposed ground floor deck will not affect current levels of privacy to the locality. Existing vegetative screening to the northern, southern and eastern property boundaries is to remain in place (see Figure 2 above). The proposed first floor windows will overlook the roofs of adjoining dwellings only and will service bedrooms. As these are considered to be low traffic areas of the dwelling, It is considered that the proposal will not result in any significant loss of privacy with regard to the private open spaces to neighbouring dwellings.

 

  

Figures 4 & 5:  Existing vegetative screening to the eastern and southern boundaries. Existing privacy screen to the northern property boundary.

 

10.3    Off-street parking

The parking requirement for a dwelling house with 3 or more bedrooms is 2 off-street parking spaces, whereas the proposed 3 bedroom dwelling provides no existing off-street parking spaces. Nevertheless, the non-compliance has been assessed against the relevant Objectives and Performance Requirements and is supported given that the proposed use will not generate an unreasonably high demand for additional parking in the locality.

 

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

 

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

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

·      Site constraints are such that off-street parking cannot be provided in the front setback of the site. 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4          Excellence in urban design and development.

Direction 4A:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal complies with the objectives and performance requirements of the Multi-unit Housing DCP however does not comply with a relevant development standard of the RLEP 1998 (Consolidation). Nevertheless, support is recommended for the SEPP 1 Objection relating to Floor Space Ratio.  If approved, the proposed development (as amended) would not result in any unreasonable or significant adverse impacts upon the amenity of the adjoining premises and the character of the locality.

 

 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/211/2011 for alterations and additions to the existing multi-unit development including a new first floor and a deck at the rear, at No. 8 Caerleon Crescent, Randwick, 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

1 of 7 (Issue 8)

Cape Cod Pty Ltd.

28 July 2011

1 August 2011

2 of 7 (Issue 8)

Cape Cod Pty Ltd.

28 July 2011

1 August 2011

3 of 7 (Issue 8)

Cape Cod Pty Ltd.

28 July 2011

1 August 2011

4 of 7 (Issue 8)

Cape Cod Pty Ltd.

28 July 2011

1 August 2011

5 of 7 (Issue 8)

Cape Cod Pty Ltd.

28 July 2011

1 August 2011

6 of 7 (Issue 8)

Cape Cod Pty Ltd.

28 July 2011

1 August 2011

7 of 7 (Issue 8)

Cape Cod Pty Ltd.

28 July 2011

1 August 2011

 

BASIX Certificate

No.

Dated

Received

 

A118972

28 July 2011

1 August 2011

 

2.       The colours must be generally consistent with the submitted External Finishes Schedule received by Council on 25 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

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.

 

Building Setbacks

4.       The northern external wall for the first floor addition must be located not less than 900mm from the northern site boundary.

 

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $206,764, the following applicable monetary levy must be paid to Council:   $2,067.60.

       

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

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

 

Structural Adequacy

7.       A Certificate of Adequacy must be supplied by a professional engineer, to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development. The Certificate of Adequacy shall address the structural adequacy of the existing dwelling to support the additional upper floor addition.

 

Long Service Levy Payments

8.       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.

 

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.

 

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

·          Occupational Health & Safety Act 2000 & Regulations

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

·          WorkCover NSW Guidelines and Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECCW/EPA Guidelines

·          Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·          Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Site Signage

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

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

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

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

 

Sediment & Erosion Control

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

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Excavations, Back-filling & Retaining Walls

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

 

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

 

Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

Support of Adjoining Land

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

 

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

 

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

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

 

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

 

27.     Prior to undertaking any demolition, excavation or building work in the following circumstances, a report must be obtained from a professional engineer which details the methods of support for the dwelling or associated structure on the adjoining land, to the satisfaction of the Principal Certifying Authority:

·          when undertaking excavation or building work within the zone of influence of the footings of a dwelling or associated structure that is located on the adjoining land;

·          when undertaking demolition work to a wall of a dwelling that is built to a common or shared boundary (eg. semi-detached or terrace dwelling);

·          when constructing a wall to a dwelling or associated structure that is located within 900mm of a dwelling located on the adjoining land.

 

The demolition, excavation and building work and the provision of support to the dwelling or associated structure on the adjoining land, must also be carried out in accordance with the abovementioned report, to the satisfaction of the Principal Certifying Authority.

 

Restriction on Working Hours

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

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

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

 

Inspections During Construction

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

 

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

 

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

30.     Window labelled W1 and W2 shall be constructed using fixed glazing and shall be installed prior to the issue of an occupation certificate.

 

31.     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

32.     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

33.     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.

 

External Lighting

34.     External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

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.