Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 9 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                               9 August 2011

 

 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 9 August 2011 at 6:00pm.

 

 

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

 

Quorum:                           Eight (8) members.

 

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 12 July 2011

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application 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.

D86/11      483-485 Bunnerong Road, Matraville (DA/732/2010)

D87/11      3 Frederick Street, Coogee (DA/249/2009/A)

D88/11      42 Wride Street, Maroubra (DA/119/2011)

D89/11      5A Hooper Street, Randwick (DA/363/2011)

D90/11      24 Clyde Street, Randwick (DA/431/2011)

D91/11      223A Carrington Road, Coogee - Alternative 48A Dolphin Street, Coogee (DA/458/2011)

D92/11      28 Kitchener Street, Maroubra (DA/237/2011)

D93/11      7 Seaview Street, Clovelly (DA/465/2011)

D94/11      80 Boyce Road, Maroubra (DA/297/2011)

D95/11      21 Stanley Street, Randwick (DA/460/2011)

D96/11      8 Roma Avenue, Kensington (DA/362/2011)

D97/11      8 Belmore Road , Randwick (DA/373/2008/A)

D98/11      10 Inman Street, Maroubra (DA/593/2010)

 

Miscellaneous Reports (record of voting NOT required)

M16/11     Maroubra Beach Commercial Centre Renewal Study

M17/11     Business Centres Discussion Paper

M18/11     Residential Discussion Paper    

 

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Sima Truuvert

ACTING General Manager


Planning Committee                                                                                               9 August 2011

 

 

Development Application Report No. D86/11

 

 

Subject:                  483-485 Bunnerong Road, Matraville (DA/732/2010)

Folder No:                   DA/732/2010

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     Demolition of existing dwelling and construction of part 3/part 5 storey mixed use development in two building forms containing 3 retail spaces, 22 residential units with basement level car parking of 39 spaces and associated works

Ward:                      South Ward

Applicant:                Mr M Khoury

Owner:                         Fairbuild Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The application is referred to the Council as the proposed development is valued at approximately $4.5 million.

 

The proposal seeks consent for the demolition of the existing dwelling and construction of a new part 3/part 6 storey mixed use development comprising three retail/commercial tenancies fronting Bunnerong Road at ground floor level, 20 residential units and 2 levels of basement parking for 39 vehicles.

 

The proposal was subject to substantial amendments to achieve greater compliance with the relevant development standards of the Randwick Local Environmental Plan (Consolidation) 1998 (LEP) and the performance criteria of the Development Control Plan (DCP) for Matraville Town Centre and to address issues raised by the Design Review Panel (DRP).

 

The amendments include:

 

§   Reconfiguration of the Level 6 into three distinct attic spaces each containing a bedroom associated with dwelling units in Level 5 below.

§   Deletion of the 4th level on the rear building

§   Reduction in dwelling units from the original 22 units (comprising 5 x 1 bedroom, 14 x 2 bedrooms and 3 x 3 bedroom) to 20 units (comprising 18

§   x 2 bedrooms and 2 x 1 bedroom)

§   Reconfigured central podium courtyard with lower side walls to existing adjoining properties to the north and south.

 

The proposal has a maximum storey height of 6 storeys and maximum building height of 17.76m in the front, west, Bunnerong Road building which exceeds the maximum 5 storeys height standard and maximum 15.7m building height standard. The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards in relation to the non-compliances with  the storey height and maximum building height control under Clause 42DA (5) and (6) of the Randwick LEP No 1998. The RLEP non-compliances have been assessed and found acceptable as the DCP – Matraville Town centre allows for a sixth storey in the form of attics on the Bunnerong Road building; the sixth storey on the Bunnerong Road building only occurs in three small separate sections comprising the attics which essentially break the visual bulk and scale of this front building; the sixth storey height still results in a built form that will be appropriate in height, bulk and scale to that of recently approved developments on Bunnerong Road (including at No. 489 Bunnerong Road (DA/1003/2010) and No. 491 Bunnerong Road (DA/907/2009)) and considered to be consistent with the character of desired future development as envisaged in the DCP – Matraville Town centre; and the additional height will not give rise to any detrimental impacts to surrounding uses in terms of  ventilation, sunlight, privacy, views, traffic and parking impacts.

 

The proposal complies with all policy controls of the DCP – Matraville Town Centre with the exception of the floor to ceiling height control on the ground level of the front west building. The variation from the floor to ceiling height control has been assessed in Section 9.1.3.1 below and considered justified in the circumstances.

 

The proposal complies with the numerical car parking requirement of the DCP – Carparking.

 

The proposal would be suitable for the site and would have acceptable impacts on the amenity of adjoining and surrounding properties.

 

The recommendation is for approval subject to conditions.

 

 

 

2.    The Proposal

 

The initial proposal sought consent for the demolition of the existing dwelling and construction of a new part 4/part 6 storey mixed use development in two building forms comprising a retail tenancy fronting Bunnerong Road, 11 residential dwellings and one level of basement parking for 12 vehicles at No. 491 Bunnerong Road, Matraville. 

 

The amended proposal now comprises the following:

 

·       demolition of the existing dwelling at No. 483-485 Bunnerong Road;

§  construction of a new part 3 and part 5 (with attic) storey mixed use development comprising 3 commercial/retail tenancy fronting Bunnerong Road at ground floor level, 20 residential dwellings (comprising 18 x 2 bedrooms and 2 x 1 bedroom) and 2 levels (basement and ground) of parking for 39 vehicles;

·       an access driveway on Bunnerong Road; and

·       associated landscaping.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the eastern side of Bunnerong Road in Matraville and comprises two separate allotments being Lot 1587 DP 752015 (at No 483) and Lot 1588 DP 752015 (at No. 485). Two single storey brick and tile roof dwelling houses occupy the subject site, one on each allotment. The site has a total frontage of 28.655m to Bunnerong Road, a northern side boundary depth of 41.295m, a southern side boundary depth of 40.90m. The site has a combined site area of 1,174.6sqm. The subject site falls from the rear to the street front by some 2.5m and has a cross fall of 0.5m.

 

Figure 1: Aerial view of the subject site

 

The surrounding area comprises predominantly retail/commercial uses with the subject site located within the Matraville Town Centre. To the north is a 4 storey residential flat building at No. 481 Bunnerong Road comprising three residential levels over ground floor garages. To the west on the opposite side of Bunnerong Road is an existing shopping strip comprising predominantly two-storey shops and residence above with continuous awning. To the south is a two storey town house complex at No 487 Bunnerong Road broadly comprising two elongated north-south blocks with a central courtyard. To the east is the rear yard of No. 1 Milne Avenue.

 

 

Figure 2 Subject site comprising two lots containing a single storey dwelling house on each.

 

Figure 3 The adjoining northern residential flat building No. 481 Bunnerong Road.

Figure 4 The adjoining southern townhouse complex at No 487 Bunnerong Road.

Figure 5 The immediate streetscape on the western opposite side of Bunnerong Road

 

4.    Relevant History

 

4.1    Application History

A pre-lodgement application (PL/19/2010) was lodged for the proposed development on the subject site. The application was referred to the Design Review Panel in April 2010 for comments and various key issues were identified (i.e. height, setbacks, car park entry, building footprint, configuration of the rear building, etc).  

 

The subject DA has been the subject of significant amendments, in order to address the issues raised by Council Officers and the Design Review Panel.

 

The amended plans were lodged on 24 June 2010, which includes the key amendments as listed in Section 2 above.

 

5.      State Environmental Planning Policy No 1 Objections

 

Clause 42DA      Matraville Town Centre

The proposal seeks a variation to the maximum building and storey height as follows:

Clause

Requirement

Proposal

Compliance

42DA(5) & (6)

For buildings fronting Bunnerong Road:

Maximum number of storeys: 5 (or 6 storeys if supermarket provided)

Maximum height to underside of ceiling: 15.7m (or 20.1 m if supermarket provided)

Bunnerong Road building:

6 storeys (no supermarket provided), max 17.76m (exceeds by 1 storey and 2.06m)

 

 

 

No (SEPP No.1 lodged)

 

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 underlying objectives of the standard, as outlined in DCP – Matraville Town Centre (Section 3.3.2 Heights), are:

 

·      To ensure an appropriate relationship between new development, street width, and surrounding dwellings

·      To achieve a consistent built street edge height

·      To ensure appropriate floor to ceiling height within buildings

·      To achieve a visual transition between the heights of buildings on Bunnerong Road and the heights of buildings ‘behind’ the main street

 

The applicant has submitted the following arguments in support of the SEPP1 Objection:

 

·           the Matraville Town Centre DCP permits the inclusion of attic development of the nature proposed in the front building, and hence, despite the exceedence of the maximum number of storeys and ceiling height in the LEP, the proposal complies with the specific building envelope control in the DCP;

·           the three (3) discrete attic elements, which are the non-compliant elements, are designed to face the rear of the site, so as to minimise their height and scale when viewed from Bunnerong Road;

·           Bunnerong Road contains six (6) lanes, and is considered wide enough to accommodate the height proposed, without the scale of the proposed development being overwhelming or overbearing;

·           the proposed development steps down to the rear, and the rear building complies with the height requirements in LEP 1998,

·           the upper level takes on the form of an attic style, and contains the upper

·           the proposed built form will provide a strong address to Bunnerong Road, and assist in marking the northern end of the Matraville Town Centre;

·           the proposed development does not create any unreasonable adverse amenity impacts in relation to nearby properties (see discussion in our SEE report);

·           the attic elements have been designed to comprise external colours and materials which assist in minimising their level of visibility; and

·           the proposed development generally complies with the building location, setback and depth controls contained in the DCP.

·           the proposal is for a high quality built form, as is evident in the architectural documentation, sample board and montage submitted with the DA. Any works required to be undertaken to the public domain can be conditioned by Council in any approval for the site (objective a);

·           the proposal incorporates 3 new retail tenancies, which will provide opportunities for new local businesses to serve the community in the area (objective b);

·           the proposal incorporates new units which will increase the residential population of the town centre, which will ensure that patronage of local businesses is increased (objective c);

·           the proposal provides 1, 2 and 3 bedroom units, in a range of configurations and within a built form which will not create any unreasonable adverse amenity impacts in relation to nearby residential properties (objective d);

·           the proposal will provide opportunities for social and cultural enhancement, in the form of the ground floor tenancies, which will be available for a range of uses (objective e);

·           the proposal incorporates a single driveway crossing into at-grade and basement parking which will service the future needs of the development and ensure that onstreet car parking in the locality is not affected (objective f);

·           the site is located in close proximity to bus stops on Beauchamp and Bunnerong Roads. Their proximity will encourage future occupants to utilise public transport rather than private vehicles for transportation (objective g);

·           the proposed development incorporates a range of environmentally efficient measures, including orientation, solar control devices, opportunities for cross flow ventilation and natural solar access. Substantial deep soil is provided at the rear of the site, and a central landscaped courtyard is provided for amenity and sun control (objective h); and

·           the proposed new building is of a high quality and responds to the design criteria contained in the Matraville Town Centre DCP, so as to contribute to the realisation of the desired future character of the area, as envisaged by Council (objective i).

 

In addition, it is noted that the site is identified as an “opportunity site” within the Matraville Town Centre DCP, such that if a supermarket were proposed at the site, a maximum of 7 storeys with a height of 18.6m would be permitted. While the proposal does not incorporate a supermarket and is lower than that specified for supermarket development, it is evident that Council is of the opinion that the site is capable of accommodating a large building. On this basis, the scale of the proposal is not out of line with what Council deems acceptable in the locality.

 

The applicant’s arguments are considered sound for the following reasons:

 

·      The DCP – Matraville Town Centre states that attics may be provided in the subject location such that the proposed building height of the front west building is consistent with the envelope controls in the DCP.

 

·      The proposed development has been amended such that the additional building and storey height is localised in three separate attic sections which assists in breaking any potential visual bulk and massing generated by the  attic elements.

 

·      The three separate attic sections where the breach in height occurs do not present as visually bulky; do not create excessive visual bulk and scale; are not considered intrusive or dominant; and do not give rise to detrimental amenity impacts on adjoining/surrounding properties (as assessed in Section 9 below).

 

·      The attic level have been designed within specific and  separate roof spaces that externally provide a visually interesting roof form to the overall development and,  combined with the proposed metal deck roofing material and aluminium louvers to roof window vent, would present a modern contemporary look to the building.  

 

·      The proposed non-compliance do not result in any inconsistencies with the objectives of the local Business 3B zone in which the site is located or the general objectives for the built and natural environment and amenity or the objectives of the height standard. In particular, the attic elements provides an appropriate feature to the proposed development which does not disrupt its relationship to the Bunnerong Road streetscape and street width.

 

·      The development will promote the redevelopment of the subject site for mixed use retail/commercial and multi-unit residential development as envisaged in the Matraville Town Centre DCP.

 

The proposal satisfies the purpose of the building height standards and the SEPP 1 Objection is well founded.

 

Matter 2

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 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 of the locality and this is consistent with the objects as quoted in the SEPP. The variation from the height standards is consistent 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.

 

Matter 3

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 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:

 

Table - Establishing compliance is unreasonable or necessary

Method

Assessment

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 design scheme will achieve the objectives of the development standard.

Second

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

 

Comments:

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

Third

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

 

Comments:

The underlying objective of the 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 external wall height standard has not been abandoned or discarded by any decision or actions of Council.

Fifth

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

 

Comments:

The existing Residential A zoning is considered to be appropriate for the locality.

 

The submitted SEPP 1 Objection has addressed the consistency of the proposed development with the underlying and stated purposes of the standards, the local planning objectives for the locality and objectives of the Act. As such, it is considered that the objection is well founded.

 

6.           Community Consultation

 

The proposal including the amendments was advertised and notified in accordance with Council’s DCP for public notification. Three submissions were received as follows:

 

Objectors:

Unit 1/481 Bunnerong Road, Matraville

Unit 2/481 Bunnerong Road, Matraville

Unit 3/481 Bunnerong Road, Matraville

Unit 4/481 Bunnerong Road, Matraville

Unit 5/481 Bunnerong Road, Matraville

Unit 9/481 Bunnerong Road, Matraville

Unit 11/481 Bunnerong Road, Matraville

Matraville Precinct Committee

 

Issues

Comment

The proposal contradicts height standards in not providing for a supermarket and will adversely affect neighbour’s amenities

 

The revised proposal complies with the relevant DCP building envelope controls (i.e. footprint, heights (with attic), depth, setbacks and separation) and will not result in any unreasonable adverse impact on the amenity of the adjoining property.  Notwithstanding this, the proposal has been amended to improve its relationship with adjoining properties to the north and south primarily by way of:

·      An amended top floor in the building fronting Bunnerong Road reducing the height, bulk and scale of the 6th floor of the front building into three distinct attic levels thus reducing the apparent bulk of the overall development

·      Deletion of the top floor level of the rear building resulting in a compliant 3 storey rear building which further improves amenity impacts to adjoining properties in terms of visual bulk and scale

·      Amendments that remove the north and south courtyard walls on the ground level and replacement with obscure glass railing to lighten its effect on adjoining properties.

To augment these amendments,  a condition will be applied requiring the stepping down of the central courtyard towards the north and south boundaries to further reduce its impact on adjoining properties.

The proposed north-facing enclosing wall of the ground floor podium carpark will be overwhelming and detrimental to the amenity of the south-facing balconies of the adjoining residential flat building at No. 481 Bunnerong Road

Objections from residents in dwelling units in the adjoining northern residential flat building at No 481 Bunnerong Road raises concerns that the outlook from their south facing balconies and attached living areas will be blocked and overwhelmed by the masonry wall of the north elevation of the proposed development. An inspection of adjoining affected property and additional information provided by the applicant indicates that the south-facing balconies of No. 481 Bunnerong Road will align with the 12m separation area containing the proposed central courtyard such that the outlook from all south facing balconies will not be detrimentally affected. Additionally it should be noted that the proposed building fronting Anzac Parade is 12.296m in depth, which is slimmer than the 16m allowed under the DCP. The slimmer building has allowed for the 12m gap to align better with the objector’s south-facing balconies to allow for better outlook for the objector’s property. Furthermore, the 12 m separation allows for good solar access and penetration into the proposed development especially given that the objector’s building will significantly overshadow the proposed development because of its high and  bulky 4 storey built form directly north of the subject site.

 

More specifically, the applicant’s additional information indicates that the top of the north-facing enclosing wall of the ground floor podium carpark will be consistent with the level of the south facing balconies and attached living area of the lower level dwelling units (Units 2 and 3) in 481 Bunnerong Road). This means that, at eye level, a persons outlook from these lower level balconies looking south will be above the top of the north-facing enclosing wall of the ground floor podium carpark and therefore will not be obstructed by this wall. It should be noted that the amended plans provide for a glass balustrade along the top of the podium wall for safety but its transparent nature will not affect the outlook from the objectors’ balconies. 

 

Concern has been raised regarding the impact of tall trees in the proposed central courtyard blocking the outlook of objectors in No 481. It is noted that amended landscape plan only show small trees in the proposed courtyard given its elevated non-deep soil position. The closest tree to No. 481 will be a Queensland Firewheel Tree which is a small tree with slender (ie., not broad canopy) and which has an upright habit with compact form and minimal leaf litter. This tree is not generally regarded as solar access obstructing. Accordingly, the proposed landscaping in the courtyard is considered reasonable and acceptable in relation to the residential outlook of No 481 Bunnerong Road.

The proposal contradicts a village aesthetics and character and sets a bad precedent

 

Noise and intensity from the proposed additional 20 apartments

The amended proposal complies with the relevant building envelope controls under the DCP relating to maximum depth, separation and setbacks. The variation from maximum building height has been addressed in the SEPP 1 assessment and found to be reasonable and acceptable as, among other things, it will have minimal impact on the amenity of adjoining properties.

 

The DCP for Matraville Town Centre identifies the subject and adjoining sites as one of the sites that have the opportunity to be developed at the intensity and scale proposed subject to the compliance with the relevant requirements. As such, the proposed intensity is commensurate with the urban character of the subject site within the Matraville Town centre and Business 3B Zone. Accordingly, any future operational noise associated with the proposed development should meet the typical residential noise goals for the particular urban use and any deviation from these noise goals can be addressed as a matter of compliance.  The expectation that the medium density character of the adjoining southern town house complex (at 487 Bunnerong Road) should be the norm and desired future character for this part of Bunnerong Road, and that the proposed development should be scaled down to a town house intensity like that on the southern side, is erroneous and inconsistent with the objectives and aims of the Local Business 3B zone and the Randwick LEP and the DCP – Matraville Town Centre.

 

 

7.      Technical Officers/External Agency 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

Council’s Building Surveyor has assessed the application and raises no objection to the proposal subject to conditions. 

 

 

 

7.2    Development Engineers Comments

Council’s Development Engineer has assessed the subject application and the following comments are provided:

 

“Landscape Comments

There are two small, 3 metre tall Acmena smthii (Lilly Pillies) on Council’s Bunnerong Road nature strip in front of no.483, to the north of the existing vehicle crossing, which while not being significant in anyway, are still covered by the provisions of Council’s Tree Preservation Order (TPO) due to their location on public property.

 

This species is part of the previous planting scheme along this major roadway, which is being progressively replaced with Tuckeroo’s, which is what Council would require (at the applicant’s cost) as part of the upgrading/replacement of the footpath, as well as the fact they are in direct conflict with the basement entry ramp.

 

But while new street trees would soften the visual dominance of such a building on the streetscape, as well as assist with its integration into the area, the ability to do so will be restricted by the awning shown on the Level 2 plan, unless suitably sized and located cut-outs were provided, which is the preferred solution from a landscape perspective.

 

The only other established vegetation within either site was observed to be in the rear yard of no.483, being a Mulberry tree along the northern boundary, and then a large and mature Olea europaea subsp. africanna (Wild Olive) located centrally in the rear yard, both of which are in direct conflict with all parts of the proposal, and as they are also recognised as environmental weeds, could be removed at anytime, without having to obtain consent from Council, irrespective of this application.

 

To their southeast, along the southern boundary, there is what appears to be a Macadamia serratifolia (Macadamia) of around 5-6 metres in height, which while being a desirable native tree, is not significant enough in anyway to warrant the major re-design that would be required to ensure its preservation, and as such, could be removed, subject to suitable replacement trees and associated landscape works being provided in its place throughout the site as part of such an application.

 

In order to improve the appearance of the development and its interaction with the surrounding area, as well as to ensure consistency of treatment with similar, recently completed and soon to commence major projects to the south of this site, Council will require that the Bunnerong Road frontage be upgraded (at the applicant’s cost) in accordance with Council’s Urban Design Elements Manual for the Matraville Commercial Centre, and will involve the preparation of a site specific Public Domain (Streetscape) Plan, for its full length and width, which would include details such as proposed paving, street furniture, grades, finished levels, extent and location of awnings, doors/entranceways, bus stops, street signage and any other details deemed necessary.

 

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

The average traffic generation for the proposed residential development consisting of 22 residential units and 3 commercial units will be in the range of 150 vehicle movements per day.

 

The expected peak flow volume of approximately 15 vehicles per hour is considered low to moderate and no delays should be experienced in Bunnerong Road as a result of this development.

 

The development application was referred to the RTA given that Bunnerong Road is a classified road. The RTA’s recommended conditions of consent have been included within this report.

 

Parking Rate Comments

Parking requirements for the development will be determined using Council’s DCP-Parking which states the following rates for the residential and commercial components of the building

 

Residential Component Rates from Council’s DCP-Parking 

1 space per 1 bedroom unit

1.2 spaces per 2 bedroom unit

1.5 spaces per 3 bedroom unit

1 visitor space per 4 units

1 bicycle space per 3 units

1 car wash bay per 12 dwellings (visitor spaces may be used as car wash bays)

 

For the subject proposal consisting of 20 units (18 x 1 bedroom, 2 x 2bedroom) bedroom)

Parking required =2 x 1 + 18x 1.2 + 20/4 (visitor)

                       = 2 + 21.6 + 5

                       = 28.6 spaces

 

Residential parking proposed = 33 spaces (including 6 visitor spaces) 

 

Bicycle parking required= 22/3 = 7.3 (12 proposed)

 

Commercial Component Rates from Council’s DCP-Parking 

1 space per 40m2 of Gross Floor Area (GFA).

 

For the subject proposal consisting of 3 commercial tenancies (total of 156.3m2 GFA)

 

Parking required = 156.3/40 = 3.9 spaces = say 4 spaces

Commercial parking proposed = 6 spaces (3 x 2 in tandem)

 

Both the residential and commercial components of the development comply with Council’s DCP-parking.

 

Parking layout Comments

The parking layout of the site including carspace dimensions aisle widths, ramp grades etc shall comply with Australian Standard 2890.1:2004.

 

Consolidation/Subdivision Comments

Council will require the site to be consolidated into one lot. The survey ‘Plan of Consolidation’ is recommended to be registered prior to preparation of plans for the construction certificate to allow for any inconsistencies in boundary definition.

Service Authority Comments

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

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

 

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

 

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

 

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

 

Awning Comments

The minimum clear distance from the existing footpath in Bunnerong Road to the underside of the proposed awning shall be 3.0 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

All new awnings shall be set back a minimum of 600mm from the face of kerb. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

Should the application be approved the following conditions shall apply:”

 

7.3    Environmental Health Comments

Council’s Environmental Health Officer has assessed a Preliminary Environmental Site Assessment was prepared by Aargus Pty Ltd (Ref:ES3875, dated November 2010). Council’s officer recommends that appropriate conditions be applied requiring the preparation of a detailed Site Contamination Investigation Report by an independent appropriately qualified environmental consultant prior to issuing of a construction certificate to determine if contamination has occurred within the site from potential areas of environmental concern identified in the preliminary assessment.

 

7.4    Road Traffic Authority (RTA)

The amended proposal was referred to RTA in relation to traffic. The RTA’s  comments (received in a letter dated 22 July 2011) have been considered in the Development Engineer’s comments above.

 

7.5    Sydney Airport Corporation Limited

Under the provisions of the Air Navigation (Building Control) Regulations, the concurrence of the Sydney Airports Corporation is required as the building proposed on the subject site has a maximum height in excess of 15 metres and may fall within the Conical Surface of the Obstacle Limitation Surfaces for Sydney Airport.

 

Sydney Airports Corporation’s advice was received on 26 November 2010 and the relevant requirements have been incorporated in the recommendation of this report.

 

8.    Relevant Environmental Planning Instruments & Policy Controls

 

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

 

·              Environmental Planning and Assessment Act 1979, as amended

·              Environmental Planning and Assessment Regulation 2000, as amended

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

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

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

·              Randwick Local Environmental Plan (Consolidation) 1998

·              Randwick Development Control Plan – Matraville Town Centre

·              Randwick Development Control Plan – Parking

·              Randwick Section 94A Development Contributions Plan

·              Building Code of Australia

 

9.    Environmental Assessment

 

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

 

9.1    Statutory Controls – S79C(1)(a)

 

9.1.1          Randwick Local Environmental Plan 1998 (LEP)

The site is zoned Local Business 3B under Randwick Local Environmental Plan 1998. The proposal is permissible in the zone with development consent. The proposal is consistent with the zoning objectives in that:

 

·              The development will reinforce the viability of the Matraville Town Centre by introducing residential and retail/commercial uses in close proximity to public transport services.

·              The development will provide activation and casual surveillance of Bunnerong Road, Milne Avenue and the surrounding public domain.

·              The development will improve the streetscape character of Bunnerong Road by introducing a suitably proportioned and articulated built form.

 

The following clauses of the LEP apply to the proposal:

 

Clause

Requirement

Proposal

Compliance

40

Earthworks

The proposal involves substantial excavation of the subject site for basement carparking. Appropriate conditions have been included in the recommendation, which require all excavation works to comply with Council’s requirements.

Subject to conditions.

42DA

Matraville Town Centre

 

 

42DA(1)

Applies to land marked on the map to LEP Amendment No. 37

The subject site is located within the Matraville Town Centre according to the LEP map.

Yes

42DA(2)

Objectives

 

 

 

(a) to achieve high quality design in all new development and improvements undertaken in the public domain

The proposal is considered to deliver a high quality contemporary built form that improves the streetscape character of Bunnerong Road.

Complies

 

(b) to encourage a vibrant and active town centre

The proposal will introduce residential and commercial uses that provide activation of the town centre precinct.

Complies

 

(c) to provide opportunities for residential development in the town centre that complement the primary business function

The proposed land uses will introduce new residents and employment opportunity that will reinforce the vibrancy of the town centre.

Complies

 

(d) to encourage a variety of housing that complements development within the town centre

The proposal provides a variety of housing choices comprising 1 and 2 bedroom units, which will cater for different household needs in the area.

Complies

 

(e) to ensure that social and cultural needs are considered with any development proposals in the town centre

The amended proposed building is appropriately proportioned and articulated, and will not result in detrimental impacts on the visual character of Bunnerong Road. Awnings are provided along the street frontages and will ensure the comfort and amenity of pedestrians.

Complies

 

(f) to encourage and facilitate the provision of appropriate vehicular access and off-street parking

The development has incorporated suitable on-site parking and access facilities.

Complies

 

 

 

 

 

(g) to ensure that public transport and associated facility needs are considered and promoted

The proposal will introduce residential and commercial uses in close proximity to public transport services along Bunnerong Road .

Complies

 

 

 

 

 

(h) to require environmentally sustainable approaches to future land use and development

The proposed design has maximised use of natural lighting and incorporated appropriate features that reduce energy consumption.

Complies

 

(i) to improve the overall environmental quality of the town centre

The proposed development is suitably proportioned and articulated and is satisfactory in urban design terms.

Complies

42DA(6)

 

15.7m to underside of top most floor to the front west building (otherwise 20.1m if supermarket is provided within the specifically identified Opportunity Locations in the Matraville Town Centre Development Control Plan, as approved by Council on 11 April 2006). 

 

 

 

9.9m to underside of top most floor to the rear  east building

 

 

 

 

 

17.76m (RL 45.066) to the underside of the ceiling of the attic of the front west building.

 

 

 

 

 

 

 

 

 

 

 

7.76m (RL 36.4 to the underside of the ceiling to Level 3)

 

 

 

 

SEPP No. 1 Objection submitted (see Section

 

 

 

 

 

 

 

 

 

 

 

Complies

42DA(7)

5 storeys for the front west building otherwise up to 6 storey if a supermarket is provided within the specifically identified Opportunity Locations in the Matraville Town Centre Development Control Plan, as approved by Council on 11 April 2006. 

 

3 storey for the rear east building

6 storey (no supermarket provided) – the sixth storey comprises three separate attics linked to the unit below as provided in the DCP – Matraville Town centre

 

 

 

 

 

Max 3 storeys

SEPP No.1  Objection submitted

 

 

 

 

 

 

 

 

 

Complies

 

It should be noted that Clause 42DA(8) and 42DA(9) states that the maximum building height is to be measured vertically from ground level to the underside of the ceiling of the topmost habitable floor only and does not include the height of the associated structures such as lift overrun. The ‘storeys’ is defined as habitable floors, excluding underground car parking.

 

9.1.2          Relevant State Environmental Planning Policies– Section 79C(1)(a)

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

 

(a)    State Environmental Planning Policy No. 55 – Remediation of Contaminated Land (SEPP 55)

SEPP No. 55 is applicable to the subject site. The policy aims to promote the remediation of contaminated land for the purposes of reducing risk of harm to human health or any other aspect of the environment.

 

A preliminary environmental site assessment was prepared by Aargus Pty Ltd (Ref:ES3875, dated November 2010) which has been assessed by council’s Environmental Health Officer who has recommended that appropriate conditions requiring the preparation and submission of a detailed Site Contamination Investigation Report by an independent appropriately qualified environmental consultant prior to issuing of a construction certificate to determine if contamination has occurred within the site from potential  areas of environmental concern identified in the preliminary assessment. As such, a detailed site contamination investigation will ensure that the land is suitable for the proposed development, in accordance with the provisions of the SEPP 55 as well as the Contaminated Land Management Act 1997 and Council’s Contaminated Land Policy 1999.

 

(b)    State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development (SEPP 65)

The application was referred to the Design Review Panel (DRP) convened under SEPP 65. The proposal has been considered by the DRP on two occasions. The latest DRP recommendations in relation to the design quality principles for residential flat buildings, as set out in Part 2 of SEPP 65, from its meeting on 1 February 2011, are set out below together with the assessment officer’s comments:-

 

“PANEL COMMENTS

It is noted this is a DA submission and the third time the Panel has reviewed the scheme.

 

The Panel’s previous report is incorporated below and new comments from the current assessment are added in italics.

 

1.      Relationship to the Context of the Proposal

The proposal is for the demolition of two existing single storey houses and the construction of 22 new apartments, ground floor retail and basement car parking generally as described in the new Matraville Town Centre DCP. 

 

The Panel agrees with the general massing which comprises a taller street front building and a smaller rear building separated by a central courtyard.  The DCP outlines this type of development for the entire block between Daunt Ave and Beauchamp Rd, even though there is no rear lane access.

 

The proposed attic rooms on the top floor of the rear building are not envisaged in the DCP, however the Panel considers that this type of accommodation could be appropriate if its design is upgraded in line with the comments contained in this report.

 

As encouraged in the Panel’s April 2010 the attic floor has remained in the proposal however it is evident from the drawings provided that the added floor is far too prominent and creates extensive shadows to the neighbouring property.  It is recommended that a reduced floor area and roof form be investigated.  The roof could be either flat or a low pitched hip that does not extend the full width of the site -  dependent on overshadowing.

 

The issue of the extra floor has not been satisfactorily resolved in design terms and it remains too dominant.  The Panel recommends that it be reduced in height and bulk, or eliminated.  As there is no supermarket in this development the extra height is not permitted by the DCP.  It is the Panel’s view that the only argument for the extra level would be design excellence and that has not been evident to date.

 

Assessment Officer’s comments: The current amended plans lodged on 24 June 2011 have resolved the Panel’s concerns as follows:

 

·      the attic rooms in the rear building have been deleted so that the rear building complies in terms of storey height.

 

·      the attic floor in the front building has been substantially reduced in height from a maximum RL of 46.17 in the original plans to an RL of 45.466 in the current amended plans.

 

·      The bulk and scale of the attic in the front building has been substantially reduced and limited to three small and distinct attic bedrooms setback from the 5th level below as opposed to the original full and outright 6th  floor level with the same envelope and footprint as that of the 5th level below.

 

2.      The Scale of the Proposal

The scale, height, setbacks and built form of the proposal are generally supported, depending on the modifications described in this report being made. 

 

Similar to the west building, the east building could be reduced in height if a flat or more compactly modelled roof type were to be adopted.

 

This is yet to be done.

 

Assessment officer’s comments: The proposal has been redesigned to address the above issues as detailed in the assessment officer’s comments to Point 1 above. The attic rooms in the rear east building have been deleted and the attic level in front west building has been reduced n the height bulk and scale.

 

3.      The Built Form of the Proposal

This pre DA proposal has been well considered however there are a few issues that should be improved for the DA submission:

·     The central courtyard should be stepped down towards the north and south boundaries to reduce its impact on neighbouring properties as it may take some years before these sites are redeveloped.  Landscaping and preferably some deep soil planting should be incorporated into these edges.

·     The courtyard walls on the boundary still appear to be around 5m high.  A reduction of the height at the edges to the car park ramp and podium should be achieved.

·     The planters should also be pulled back from the sunken courtyards to allow more light and reduce the courtyard wall height.

·     The fire stair may be able to be upgraded in quality and some glazing and a roof vent added to encourage use of the stair instead of the lift.  BCA requirements should be taken into consideration.

·     The stair has reasonable amenity however the lift lobby is now very deeply inset.  Some design consideration needs to be given to improve the balance of natural light to this area.

·     The central courtyard level could be lowered and two switchback stairs designed to gain all access to the rear building’s apartments.  This would compromise only one second-bedroom window (which could be dealt with similarly to the front building access balcony).  The improved area to the courtyards below and reduction of stair clutter in the courtyard would increase general amenity.

·     The central courtyard and access is not satisfactory and can readily be improved.  The stairs and bridges overly compromise the space and the Panel recommends that a different apartment and access type be investigated for the east building so that only one access bridge is required. 

·     The top floor planning and roof forms of both buildings increase the apparent bulk of the building and it is suggested that these areas be refined and options for flatter roof forms or shallow hipped roofs considered.

 

All of the above issues which were raised in the first DA review have yet to be satisfactorily resolved. 

 

·        Many of the windows and doors facing east and west have been provided with sunshading however there are some windows that do not have shading or weather protection.

·        The north and south units on the front building on all levels should be re-planned to achieve ‘through’ living, dining and kitchen areas similar to unit 19.

·        The floor-to-floor heights do not comply with RFDC standards and need to be increased.

 

The above three issues have been addressed.

 

Assessment Officer’s comments: The latest amended plans have addressed the outstanding issues raised by the Panel above as follows:

 

·      The amended plans incorporate a removal of the north and south courtyard walls on the ground level and replacement with obscure glass railing to lighten its effect on adjoining properties. To augment this,  conditions will be applied requiring

·      the stepping down of the central courtyard towards the north and south boundaries to further reduce its impact on adjoining properties

·      The planters to be recessed from the sunken courtyards to allow more light and reduce the courtyard wall height on adjoining properties. As indicated in Section above, this would assist in alleviating the objector’s concerns regarding over bearing bulk and scale upon the adjoining southern town house complex.

·      The amended plans indicate the provision of a light well in the fire stairwell and lift lobby.

·      The applicant advises that the location of the lift is affected by the need to provide for adequate sight-line to, and a safe setback from, the adjoining driveway. The lift opens directly towards the street (rather than internally hidden and facing inwards into the building) which mitigates the inset of the lift within the building thus addressing the street and providing an appropriate entry in the streetscape.

·      Having regard to the Panel’s  advice, the amended plan has reduced the number of access bridges to the rear building from 5 to 3 which are also better integrated further with the footpath system in the courtyard. Additionally, the number of open stairs to the upper floor units of the rear building has been reduced from three to two which opens up the courtyard even further for a more legible and robust landscape treatment. 

·      The top floor planning has been revised in the current amended plans following the reduction in the height, bulk and scale of the 6th floor of the front building into three distinct attic levels thus reducing the apparent bulk of the overall development to Bunnerong Road. The three distinct attic levels have a visual resulting in contra-hipped roof to the main street front roof form thus providing for visual interest in the overall roof presentation. This contra-roof flow for the reconfigured attics allow for sunlight and ventilation. The deletion of the attic level in the rear east building has also assisted in reducing the visual bulk and scale of this rear building. 

 

4.      The Proposed Density

It is the Panel’s opinion that the proposed density could be suitable in this urban context which is well served by public transport and is convenient to a reasonable range of public places, facilities and shopping.

 

However any argument for additional density should be supported by design quality, and good amenity for all dwellings.

 

Possible impacts on neighbouring dwellings such as overlooking of balconies and high boundary walls may need to be reduced.

 

A SEPP 65 Report was provided with the application.  There is reference to impacts in relation to neighbouring properties which is provided in Section 4.1.4.7 - however this section was not included.

 

As noted above, the top floor remains non-compliant with the DCP. It does not demonstrate design excellence that could provide some argument for additional height and floor space.

 

Assessment Officer’s comments: As indicated throughout this report, the top 6th floor of the front building has been reduced in height bulk and scale into three distinct attic levels and the attic level over the rear east building has been deleted  which has reduced the overall density of the proposed development from the original scheme. 

 

5.      Resource and Energy Use and Water Efficiency

The proposal demonstrates a good framework for positive environmental outcomes.  The following issues should be addressed in the DA submission:

 

·        An improved roof design with clerestory windows could be used to capture winter sun and provide added light and ventilation.  Drawings should indicate roof thicknesses for falls and insulation. Bathrooms and laundries on external walls and upper floors should have natural daylight and operable windows/clerestory windows.

·        No clerestory windows appear to be provided.

·        Ceiling fans should be provided throughout – the Panel would like to see these dotted in plan.

·        Cross ventilation should be able to be maintained at night without compromising security.  Sliding doors to balconies will not provide this and consideration needs to be given to fanlights, windows or other ventilation options.  Large awning windows also provide very restricted cross ventilation options. Window operation should be indicated on the elevations.

·        Ventilation other than through doors has been provided in some of the units.  Window operation has not been indicated on all of the windows unless unmarked windows are fixed glazing.  If this is the case there is far too much fixed glazing.

·        A sunshading system for the west facing retail glazing should be considered.

 

These have not been provided.

 

Assessment Officer’s comments: The amended plans already show the provision of clerestory roofs for the attic level and ceiling fans to all habitable rooms, Conditions will be applied requiring the provision of natural daylight/clerestory windows and/or operable windows to bathrooms and laundries on external walls and upper floors, operable windows where these do not compromise privacy, and provision of sunshading to the retail glazing should approval be granted.

 

6.      The Proposed Landscape

A qualified landscape architect should be engaged to prepare the landscape design.

Some deep soil to the courtyard area should be achieved.

 

The landscape design should include the upgrading of the footpaths and the planting of street trees in Bunnerong Road. The landscape architect should coordinate with Council regarding these public domain improvements.

 

The Panel did not receive a landscape plan by a landscape architect to review.

The Panel still has not received a landscape plan.  The currently indicated design paths and planters in the central courtyard are unacceptable.

 

Assessment Officer’s comments: The applicant has provided an amended landscaped plan which has been assessed by Council’s landscape officer and found reasonable and acceptable subject to appropriate conditions.

 

7.      The Amenity of the Proposal for its Users

Living room sizes in the rear building are very small given they are two-bedroom units.  One possible solution is to place the kitchen on the opposite wall in line with the stair, which would allow for more flexibility for furniture and contain the main circulation to one side.

 

This has been done and the usable area has improved.

 

Amenity in the loft bedrooms could be improved with a simplified roof form that increases view lines from the interior and roof venting opportunities –

 

This has been satisfactorily addressed.

 

8.      The Safety and Security Characteristics of the Proposal

BCA advice should be sought with regard to the stairs, fire separation, egress, accessibility to retail spaces and the like.

 

There is no evidence that this has been done.

 

Assessment Officer’s comments: The applicant advises that the details required in relation to BCA advice are issues that will be addressed as part of the building certification process. Notwithstanding this, a condition will be applied requiring that, in relation to fire protection, the use of visually non-intrusive devices be applied.

 

9.      Social issues

The apartment configuration and small sizes proposed would seem to be appropriate to diversify the housing choice available in the area.

 

10.    The Aesthetics of the Proposal

The elevations will need to be developed in line with planning changes suggested in this report.

 

The roof forms need to be reconsidered, as they are awkward and not adequately related to the interiors.

 

While the brick body of the street wall is reasonably well articulated, its alignment should follow the Bunnerong Road boundary.

 

Improvements have been achieved to some areas - the east elevation of the west building in particular has been satisfactorily resolved.  The upper floors of the west building remain less resolved and they should be redesigned to address the street more positively (rather than looking like a collection of bathroom windows in a rear wall).  The scale of these floors could be enhanced with more carefully places pergola roofs etc.

 

The lower floors facing the street needs to be more decisively articulated. The attempt to reduce traffic noise and increase amenity is commended.

 

The junction between the brickwork of the lower floors and the metal cladding of the upper floors needs more architectural resolution.

 

The aesthetic resolution of the building remains unsuccessful to date. The scaling of openings and unrelated use of materials remains schematic. This is potentially one of the major developments in Matraville Town Centre, and it needs to be an exemplar of what is envisaged in the DCP.

 

Assessment Officer’s comments: The applicant has submitted amended plans indicating that elevations are now consistent with the changes required by the Panel as detailed above. In particular, the additional sixth storey has been significantly reduced in height bulk and scale with a roof form that adds visual interest and character. Additionally, the applicant advises that the proposed materials as shown on plan provides an appropriate resolution of the external treatment in line with the DCP schedule for external materials and textures.  Notwithstanding this, a materials sample board with fuller details will be required by condition.

 

SUMMARY AND RECOMMENDATIONS

Although the Panel has consistently encouraged the Applicant to improve the design many of the major items have not been resolved.  The height, lift lobby, bridges, courtyard wall heights, landscape, windows and roof all remain poorly designed and do not reach the standards required by SEPP 65 and the RFDC.

 

The Panel recommends that the design be seriously overhauled in line with the comments in this report or that the application be refused.

 

Assessment Officer’s Comment:

The proposal has been significantly revised to address the above issues.

 

(d)    State Environment Planning Policy (Building Sustainability Index: BASIX) 2004

SEPP: BASIX requirements came into force for multi-unit housing where the development application was lodged on or after 1 July 2005. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

 

The proposal is for a new multi-unit housing development and the applicant has provided a BASIX certificate in accordance with the requirements of the SEPP. The provisions of the certificate indicate that compliance with the current targets set for energy and water conservation have been achieved by the proposed development. The certificate also identifies various measures to be shown on the Development Application plans to ensure these targets are maintained through to the construction phase. Standard conditions of consent requiring the continued compliance of the development with the SEPP have been included in the “Recommendation” section of this report.

 

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

 

9.1.3.1      Development Control Plan – Matraville Town Centre

The relevant provisions of the Development Control Plan – Matraville Town Centre are addressed as follows:

 

Clause

Control

Comments

3.1

Site Analysis

 

 

Submit a details Site Analysis, based on a survey drawing produced by a qualified surveyor

Submit a written statement demonstrating how the design responds to constraints and opportunities identified in the Site Analysis

Satisfactory. The application includes relevant information to demonstrate the relationship between the proposed building and the surrounding existing developments.

3.2

Site Requirements / Amalgamation

 

 

Ensure that development / redevelopment / amalgamation does not adversely affect or limit the future development potential of adjacent and adjoining sites

The proposal will not adversely affect the future development potential of the adjoining sites.

3.3

Building Envelopes

 

 

3.3.2 Heights

If a supermarket is included in a development where nominated, a 6th storey may be considered with the 5th and 6th storeys setback from the floor below of 4 metres.

The proposal has been amended from the original scheme and is now 5 storeys with attic, which complies with the DCP standard.

 

Floor to ceiling heights:

Ground/Storey 1 = 3.5m + 0.8m floor slab/ceiling space

Storey 2 to 6 = 2.7m + 0.2m floor slab/ceiling space

Maximum height to underside of topmost ceiling (up to storey 6): 18.6m

The revised proposal has a ground floor level to first floor level at one extreme of 3.6m (in proposed Shop 3) resulting in a variation of 700mm for the ground floor. This variation from the DCP control is unavoidable due to the significant cross fall over the site. However, paradoxically, because of this cross fall, other parts of the ground floor will achieve a higher floor to floor ceiling height such that the variation decreases to 300mm in proposed Shop 1. Accordingly, overall, the variation is considered minor especially as they and are not considered to significantly hamper the function of the relevant floors.

 

3.3.3 Depth

Development fronting Bunnerong Road, Beauchamp Road, Daunt Avenue, Baird Avenue, Perry Street and Franklin Street = Maximum 16m

 

Development fronting a lane and development at the rear of a lot = 8m

 

The residential component of the building fronting Bunnerong Road has an envelope depth of 12.296m and the building at the rear has a depth of 8m. Complies.

 

Within the maximum building envelope depth:

-   Articulate the building façade

-   Design apartments so that the maximum glass to glass dimension is 14m

 

Balconies may extend outside the maximum building envelope depth by up to 600mm, but may not extend beyond the property boundary

The building is well articulated with balconies and a combination of finishes and materials.

 

All apartments are dual aspect with the glass-to-glass dimension of less than 14m. Complies.

 

 

 

3.3.4 Setback & Separation

Development fronting Bunnerong Road, Beauchamp Road, Daunt Avenue, Perry Street and Franklin Street:

No setback from the street edge up to and including 4 storeys

4m from the street edge for any storeys higher than 4.

 

A minimum 1.5m x 1.5m splay corner at ground level at the intersection of two roads. No walls or planting higher than 600mm may be located within the splay corner.

The building fronting Bunnerong Road complies with the setback requirements from Bunnerong Road namely the 4m setback of the 5th floor level.

 

 

 

Setback all development by a minimum of 9m from adjoining sites in a Residential zone.

Landscape this setback, preferably with a substantial deep soil zone.

This setback may be suitable for use as private open space for development at the rear of a lot.

The setback of the proposed rear building from the rear boundary complies.

 

 

 

No side setbacks are required in the commercial zone.

The site is within a 3B Zone and no side setback is required. Satisfactory.

 

For sites with rear lane or rear lot development, provide an internal courtyard garden with a minimum separation between buildings of 12m.

A landscape podium with a minimum separation of approximately 12m is provided between the front and rear buildings. Complies. 

 

3.3.5 Summary

Attic on the building on the main street frontage may be considered if linked to an apartment below.

 

3.4

Opportunity Locations

 

 

3.4.1 Supermarket

Amalgamate a minimum site area of 1700sqm in the general locations indicated on the map.

N/A.

3.5

Building Design

 

 

3.5.1 Active Frontages

- Provide a continuous and active zero setback business frontage on the ground floor in Perry Street.

- Maximise street level activity (e.g. by wrapping shopfronts around corners) and minimise blank walls at ground level.

- Maximise glazing for retail / commercial uses, but break large glazed shopfronts into discrete sections to ensure visual interest.

- The use of opaque or reflective glass which obscures uses on the ground floor is discouraged.

- Ensure that any grilles or transparent security shutters to retail frontages offer a minimum of 70% transparency.

- Incorporate outdoor dining in cafes and/or restaurants wherever possible.

- Recess doors to ensure they do not encroach over the footpath when open.

Three commercial/retail tenancies with continuous shopfront are provided at the ground floor level fronting Bunnerong Road, which is considered satisfactory and will not undermine the town centre character of the area.

 

 

3.5.3 Awnings

- Provide continuous street frontage awnings to all new development. Generally awnings should be a minimum 3m deep.

- Setback awnings a minimum of 600mm from the kerb.

- Design new awnings to be complimentary with their neighbours, and aligned with the general alignment of existing awnings in the street.

- Cantilever awnings from the buildings with a minimum soffit height of 3.5m.

- Provide under awning lighting to improve public safety.

- Colonnades along the street edge are inappropriate in this context.

- Signage on canvas blinds is inappropriate.

A continuous awning is provided along the Bunnerong Street frontage and has been design in accordance with Council’s requirements. Satisfactory.

 

3.5.3 Balconies

- Provide a primary balcony / terrace for each apartment, directly accessible from the main living area.

- Ensure that the primary balcony has a minimum depth of 2.5m, and a minimum area of:

§ 6m2 for studio / 1-bedroom unit

§ 10m2 for 2- / 3-bedroom unit

- Ensure that the primary balcony extends the living space with proportions that accommodate outdoor furniture and space for plants.

- Ensure that additional balconies have a minimum depth of 1.5m

- Orientate balconies to maximise solar access. Ensure that the longer dimension of any balcony is outward facing to maximise light penetration into the interior of each apartment. Design the depths of balconies to ensure that sunlight enters the lower apartments in the building.

- Ensure that the undersides of balconies exhibit a well designed, completed appearance from the street.

- Design balustrades to take advantage of views and improve community safety by allowing surveillance over the street and other public areas while providing for safety and visual privacy.

- Include sunscreens, pergolas, shutters and operable walls to enhance design and liveability, respond to the local climate and site context, reduce road noise impacts and assist visual privacy.

- Wherever possible, integrate permanent landscaped features into balcony design. Winter gardens may be included on the western elevation.

- Retractable awnings may be included above the 4th storey.

- Residential balconies must not extend beyond the property boundary.

The proposed balconies comply with the minimum dimensions required under the DCP.

 

The balconies are accessible from the main living areas of each dwelling.

 

All dwellings have balconies oriented to maximise solar access.

 

The balconies will enable casual surveillance of Bunnerong Road and the internal podium landscaped area.

 

Louvres and other sun shading devices have been included to respond to the local climate and assist in articulating the built form.

 

The proposed balconies do not exceed beyond the property boundary.

 

3.5.4 BASIX

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

 

3.5.5 Facades

- Articulation

- Address the street

- Emphasise verticality at street corners

- Adopt a modular form that reflects the narrow shop width of older buildings and lots in the town centre (6-8m). Align the building with its neighbours.

- Ensure that shutters, louvres and other façade features do not encroach over Council’s road reserve.

- The façade expresses a bottom, middle and top related to the overall proportion of the building.

- Light weight structures, sunshade devices and etc. may penetrate the Building Envelope (but not the property boundary) by a maximum of 1.5m.

- Avoid curtain walls, large expanses of glass and concrete.

- Where new development leaves exposed party walls adjacent to existing, lower buildings, improve the appearance of the exposed section of the party wall with colour, modulation and articulation.

·       The Bunnerong Road facade is appropriately articulated with recessed balconies, external louvres and a combination of finishing materials, which will improve their presentation to the street. 

·       A communal landscaped podium is provided in between the two buildings, which will minimise overshadowing and visual impacts.

·       The ground floor retail tenancy incorporates clear glazing, which will provide activation and casual surveillance of the street.

 

 

 

3.5.6 Materials and Finishes

- Combine difference materials and finishes to assist building articulation.

- The following materials are considered incompatible: large wall tiles, rough textured render, curtain walls and reflective glass

- Avoid large expanses of any single material to facades.

Satisfactory.

 

3.5.7 Mobility and Access

- Achieve building / retail / commercial entrances which are flush with the footpath / external ground level, or provide a suitably ramped alternative.

- Provide facilities as required by AS1428.

- Use appropriate gradients and materials, including slip resistant materials, tactile surfaces and contrasting colours.

Advisory conditions are ecommended, as a precautionary measure, to require compliance with the Disability Discrimination Act and relevant provisions of the Australian Standard.

 

3.5.8 Public Art

- Create site specific artworks which respond and contribute to the site and development.

- Locate public art in areas offering the public a free and unobstructed experience of the work.

- Submit an Arts statement which identifies the reasons for the chosen themes, and their interpretation into specific treatments with the DA.

No public art proposed.

 

3.5.9 Roof Forms

- Wholly contain lift overruns and service plant within roof structures or roof lines.

- Minimise the bulk and mass of roofs and their potential for overshadowing.

- Design roofs to generate a visually interesting skyline and minimise apparent bulk.

- Relate roofs to the size and scale of the building, the building elevation and the three dimensional building form.

- Consider the sustainability benefits of landscaped ‘green roofs’ and appropriately shaded areas. Domestic roof forms and features such as attic or dormer windows in the roof are inappropriate within the town centre context.

Satisfactory.

 

3.5.10 Signage

Not applicable.

3.6

Access

 

 

3.6.1 Parking

- Incorporate parking within and/or beneath the building. Car parking areas may be designed as ground level parking provided that:

The roof is landscaped as a courtyard garden; and

The design results in building frontages level with the street

- Parking provisions shall be in accordance with DCP – Parking, the RTA Guidelines and Australian Standards.

- Tandem parking may be considered where these spaces are attached to the same Strata Title comprising a single apartment, subject to consideration of the maximum parking limit.

- Design parking to ensure pedestrian safety.

- Provide on-site bicycle parking in accordance with DCP – Parking.

- Include natural ventilation to basement and semi-basement car parking. Integrate ventilation design into the façade of the building, or parking structure, by treating it with appropriate features such as louvres, grilles, planting or other landscape elements.

The proposed parking is incorporated into the basement and ground floor levels.

 

Refer to the Development Engineer’s comments above for detail discussion regarding the parking provisions.

 

On-site bicycle parking is provided at the upper basement level.

 

 

 

3.6.2 Vehicle Access

- Provide vehicle access from rear lanes and side streets.

- Design driveways to minimise visual impact on the street and maximise pedestrian safety. Setback any rear lane garage doors 1m from the laneway alignment.

- Integrate water runoff management into the design of driveway ramps and entrances.

- Avoid locating access ways adjacent to the doors or windows of habitable rooms.

- Design vehicular access in accordance with AS2890.1 or AS2890.2.

- Internal driveways must be a minimum of 5.5m clear width for the first 6m inside the property to allow entering and exiting vehicles to pass freely. Should the driveway narrow beyond the first 6m, a minimum splay of 1.5m x 1.5m must be provided to allow the passing to work.

Vehicle access to the basement car park is provided via a driveway from Bunnerong Road.

 

The driveway design has been assessed by the RTA and Council’s Development Engineer. No objections are raised in relation to the location, dimension and configuration of the access facilities, subject to conditions.

 

Satisfactory, subject to conditions.

 

3.7

Dwelling Design

 

 

3.7.1 Apartment mix

- Provide a mix of studios, 1, 2 and 3 or more bedroom apartments in varying layouts. On some smaller sites it may be appropriate to limit the mix to studio and/or 1 bedroom apartments.

- Consider the design needs of those who work from home.

- To ensure access for people with a disability, provide accessible / adaptable apartments at the following rates:

0-14 apartments: 0

- Consider apartment designs with sufficient flexibility to allow future low cost modifications to bathrooms and kitchens.

The proposal includes a mix of 1 and 2 bedroom apartments, which will cater for different household needs in the area.

 

The apartment mix is as follows:

 

- 2 x 1 bedroom;

- 18 x 2 bedroom; and

 

 

Satisfactory.

 

3.7.2 Apartment Size & Layout

- Achieve the following minimum apartment sizes:

Studio: 40m2

1-bedroom cross-through / cross-over: 50m2

2-bedroom corner: 80m2

2-bedroom cross-through / cross-over: 90m2

2-bedroom corner with study: 120m2

 

- Achieve the following minimum clear internal widths:

Studios: 3.5m

1, 2 & 3-bedroom units: 4.5m

Cross-over / cross-through units more than 18m: 4m

 

- Achieve the following minimum room dimensions (room area / minimum wall):

Main bedroom: 12m2 / 3m

Other bedrooms / dining rooms: 9m2 / 2.5m

Living room: 15m2 / 3.5m

 

- Submit drawings that indicate furniture layouts.

 

- Design apartment layouts that maximise site opportunities and respond to the natural and built environment.

 

- Design apartments that are sufficiently flexible to allow a variety of uses for rooms / spaces to ensure apartments meet residents’ needs over time.

The size of the apartments are as follows:

 

1 bedroom = varies from 60sqm to 84 sqm

2 bedroom = varies from 80sqm to 94sqm

 

Satisfactory.

 

3.7.3 Home Offices

Not applicable.

 

3.7.4 Internal Circulation

- Maximise the amenity of circulation spaces by providing generous spaces e.g. high ceilings, wide corridors.

- Optimise the number of vertical circulation points and minimise the number of apartments per corridor.

- Provide clear sightlines by ensuring that no apartment is more than 12m away from a lift.

- Ensure that corridors are wide enough to allow 2 people walking in opposite directions, each carrying luggage or shopping parcels, to comfortably pass each other without disturbance.

- Optimise security by grouping apartments to a maximum of 10 around a common lobby.

- Provide natural daylight to circulation spaces wherever possible.

The staircase and the corridors have sufficient width to allow 2 people walking in the opposite directions and the circulation area does not contain any blind spot or hidden area, and will not create safety issues for the occupants. Satisfactory.

 

 

 

3.7.5 Storage

- Provide accessible and adequate storage facilities at the following rates per apartment:

Studio & 1-bedroom: 6m3

2-bedroom: 8m3

3-bedroom: 10m3

 

- Provide at least 50% of this storage facility within the apartment, accessible from either a hall or a living space. The remaining 50% may be provided in a safe and secured area remote from the apartment.

All dwellings have adequate storage spaces within the dwelling. Satisfactory. 

 

3.7.6 Clothes Drying

- Provide dedicated external clothes drying areas for all apartments.

- Additional balconies may be considered appropriate for this purpose, provided that they are screened from public areas.

No external clothes drying area is provided. However, the dimensions of the balconies for each dwelling are capable of being use for cloth drying purposes and will not be prominent from the street.  

3.8

Amenity

 

 

3.8.1 Natural Daylight, Overshadowing  & Solar Access

- Maintain sunlight access to private and public open space and north-facing habitable rooms of adjoining development for at least 3 hours between 9am and 3pm on 21 June.

- Ensure that building layouts facilitate good solar access to both internal and external living areas.

- Maximise any northerly aspect and optimise the number of north facing windows. Shade north facing windows with roof eaves, verandahs or balconies, awnings, or other horizontal shading devices.

- Provide adjustable shade devices suitable for lower sun angles to openings on the eastern and western facades.

- Incorporate appropriately designed double glazed or energy efficient glass skylights and clerestory windows to improve daylight levels wherever possible.

- Do not use coloured / opaque glass as a shading device.

- Protect roof terraces with shade, cloth, planting, pergolas.

- Ensure that living spaces of at least 70% of apartments in any new development receive a minimum of 3 hours sunlight between 9am and 3pm on 21 June, unless existing overshadowing prevents this.

 

·       Due to the orientation of the site, the southern adjoining dwelling will be overshadowed by the proposed development. However, it should be noted that the proposed building fronting Bunnerong Road is 12.296m in depth, which is slimmer than the 16m allowed under the DCP. The slimmer building will allow greater solar access to the southern adjoining property.

 

·       The proposal has been designed in accordance with the building envelope controls, and all balconies and major windows are oriented to east and west to allow reasonable solar access to the internal and external living areas.

 

·       Sun shading devices are proposed where appropriate.

 

·       Due to the orientation of the site, 16 out of 20 apartments (i.e. 80% of the total dwellings) will receive 3 hours sunlight to the internal living area at winter solstice. 

 

Overall, the revised proposal is considered satisfactory in this regard.

 

 

3.8.2 Natural Ventilation

- Ensure all apartments are single loaded or dual aspect to allow the direct flow of air.

- Maximise natural ventilation to each apartment by:

Locating small windows on the windward side.

Selecting and designing windows that can be reconfigured to catch prevailing breezes (e.g. vertical louvred / casement windows).

Use higher level casement or sash windows, clerestory windows, operable fanlight windows.

Minimising interruptions to airflow within individual apartments

Grouping rooms with similar uses together.

 

The proposal has been designed to maximise natural ventilation by providing dual aspect apartments. Satisfactory.

 

3.8.3 Privacy – Acoustic

- Construct all residential buildings so that they achieve AS 2107: 2000

- Submit a noise and vibration assessment where appropriate.

- Provide adequate building separation within the development and from neighbouring buildings.

- Locate busy, noisy areas next to each other.

- Locate bedrooms away from busy roads and other noise sources.

- Use storage or circulation zones within the apartment to buffer noise

- Minimise the amount of party walls with other apartments

- Provide seals at entry doors.

 

A specific condition is recommended to require compliance with the Building Code of Australia.

 

Overall, the proposed development is considered to be acceptable subject to appropriate conditions.  

 

3.8.4 Privacy – Visual

- Separating communal open space, common areas and access routes from windows of rooms.

- Changing the level between ground floor apartments and the public domain or communal open space.

- Maximise visual privacy by providing the following minimum separation between buildings:

Between habitable rooms 12m

Between habitat room and balconies / non-habitable rooms 9m

Between non-habitable rooms 6m

- Offsetting windows.

- Recessing balconies between adjacent balconies.

- Using solid or semi-solid balustrades for balconies.

- Using louvres or screen panels to windows and balconies.

- Providing landscape screening

- Incorporating planter boxes into walls or balustrades.

- Utilising pergolas or shading devices to limit overlooking.

The proposal has been designed to minimise direct overlooking of rooms and private open spaces and complies with the relevant performance criteria for visual privacy.

 

3.8.5 Safety & Security

- Provide design that does not allow access from balconies, roofs, windows or awnings.

- Orientate entrances towards the public street.

- Provide direct and well-lit access between car parks and apartments.

- Provide clear lines of sight between spaces.

- Provide separate entrances for pedestrians and vehicles, commercial and residential occupants.

- Consider audio and video intercom / key access system.

Separate entries have been provided for the residential and commercial uses.

 

The car parking areas have clear sightlines, with no hidden or blind spots.

 

The development is considered to be satisfactory in terms of safety and security.  

3.9

Site Design

 

 

3.9.1 Courtyard Gardens & Other Landscaped Open Space

- Minimum courtyard depth of 12m.

- Incorporate indigenous trees, shrubs and ground covers where appropriate.

- Maximise deep soil zones.

- Ensure that vegetation comprises primarily local native plant species.

- Submit a Landscape Plan prepared by a Landscape Architect.

The landscape podium has a depth of approximately 2m. Raised planter boxes are provided to facilitate tree and shrub planting. Satisfactory.

 

3.9.2 Service and Utilities

Depending on the total development cost:

- Replacement of overhead wires with underground cables in the vicinity of the development site; or

- Replacement of overhead wires with aerial bundled cables.

To be required by conditions.

 

3.9.3 Stormwater Management

Satisfactory, subject to conditions.

 

3.9.4 Waste Management

- For each apartment, provide a temporary storage area of sufficient size to hold a day’s waste and enable separation.

- Provide separate waste storage areas for residential and commercial waste.

- Screen all waste and services areas from adjoining properties.

- Ensure that bins can be easily transported from waste storage areas to collection points.

Separate garage areas are provided for the residential and commercial / retail components, which are conveniently accessible. Satisfactory.

 

9.1.3.2      Development Control Plan – Parking

The proposal complies with the numerical requirements of the DCP – Parking as follows:

 

 

Rate

Requirement

Proposed

Business Premises

1 space per 40sqm GFA

156.3/40= 3.9(4)

Total 39 spaces provided including a dedicated space for delivery.

Studio

1 per two dwellings

Total requirement =  spaces (i.e. 2 spaces for 1 bedroom and 21.6 spaces for 2 bedroom and 5 spaces for visitors)

1 Bedroom

1 per 1 bed or bedsit over 40m2

2 Bedroom

1.2 per dwelling

3 + Bedroom

1.5 per dwelling

Visitor

1 per 4 dwellings

TOTAL

28.6 (29)

Bicycle

1 per 3 dwellings and 1 visitor per 10 dwellings

20/3=6.6(Resident)

20/10=2(visitor)

9 spaces by condition

Carwash bay

1 per 12 dwellings

N/A

1 space by condition

 

9.1.3.2      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

$4,556,185 

1%

$45,561.85

 

9.2      Likely impact of the development - S79C(1)(b)

 

9.2.1          Impact on adjoining development

 

 

 

Building Design, Materials and Aesthetics

The revised building design has improved substantially and is generally supported by the Design Review Panel as detailed in Section 9.1.2 above.  The overall design of the building is well accomplished, the scale and material palette are well handled and the bulk of the development has been addressed by the deletion of the 6th floor and setting the upper level back from the edge of the building.

 

The revised proposal will have a design and visual character that will enhance the streetscape through the introduction of a strong building edge along Bunnerong Road.

 

Overall, the proposal will have a modern façade combining face-brickwork, cladding elements with feature materials for louvres, sunshades and balconies, all of which will generally contribute to an enhancement of the streetscape and character of the Matraville Town Centre. The proposed building design and appearance are compatible with other mixed use/multi-unit development along Bunnerong Road in the locality and is consistent with the desirable future character of the Matraville Town Centre as envisaged by the Matraville Town Centre DCP.

 

Noise

There are provisions under the Protection of the Environment Operation Act 1997 that protect the amenity of residents in relation to noise and vibration issues.

 

Accordingly, appropriate conditions are included in the recommendation of this report should the approval be granted, to ensure the noise and vibration emissions during the construction of the building and associated site works are carried out within the permitted hours and must not result in an unreasonable loss of amenity to nearby residents.

 

Overlooking

While no objections from adjoining northern and southern properties regarding loss of privacy were received, the proposal has balconies oriented east and west on the opposite sides of the central courtyard with blade wall elements on their northern and southern edges that will assist in screening overlooking into adjoining properties to the north and south.

 

Potential overlooking of rear and front yards of adjoining eastern properties fronting Milne Avenue from the east facing balconies on the rear east building will be mitigated by the 9m rear setback required under the DCP –Matraville Town Centre. At ground level, the proposed boundary fence and screen planting at the edge of the courtyards will also assist in mitigating any privacy impacts. 

 

The internal privacy of habitable areas on the opposite sides of the central courtyard will be adequately mitigated by the off-setting of living areas and provision of the required 12m separation between the two buildings.

 

Overshadowing

The proposed development will result in additional shadow impacts of the adjoining property to the south of the subject site at No. 487 Bunnerong Road. Shadow diagrams submitted with the application indicate that the proposed development will result in the loss of sunlight to some of the north-facing windows in the town house development located on No. 487 Bunnerong Road during the hours of 9am to 3pm on 21 June. In addition, there will be some additional shading over the rear of adjoining properties to the east in the winter afternoon.

 

Whilst it is acknowledged that the proposed development will result in additional shading of the existing townhouse complex at No. 487 Bunnerong Road, these impacts are considered to be acceptable for the following reasons:

 

·       No. 487 Bunnerong Road is located in the 3B Business zone, not a residential zone and it is anticipated that No. 487 Bunnerong Road would potentially be redeveloped to a similar scale as the proposed development at some time in the future.

 

·       The revised proposal complies with the relevant building envelope controls under the DCP relating to maximum depth, separation and setbacks.

 

·       The proposed development is in two main building forms with a raised courtyard area located between the two building bulks. The nature of the design is such that it provides for sunlight penetration to the centre of the adjacent site to the south at No. 483 Bunnerong Road, which would provide for adequate sunlight access for that adjacent property if it was to be developed in a similar manner in the future.  

 

Views

Whilst the subject site and surrounding land are relatively flat, the height of the proposed development may give rise to loss of district views for some residents in the vicinity of Stewart Street and Milne Avenue. An inspection of properties in these streets in relation to the proposed development would indicate that this potential loss of view, whilst unavoidable, will not warrant any amendment to, or refusal of, the proposed development. In some instances the loss will be minor due to the distance of the proposal and the slope of the land. Furthermore, the commercially zoned land in the locality is in transition with potential for redevelopment to higher densities in the future such that the preservation of district views is not feasible or reasonable.

 

9.2.2   Social and Economic Impacts - S79C(1)(b)

The proposal will have positive social and economic impacts on the locality as it will increase the availability of housing with a wide range of dwelling types and sizes including the dedication of affordable dwellings by way of a voluntary planning agreement to Council and improve the vitality & viability of the Matraville Town Centre.

 

The effect of the proposal would be to bring more people to the site and the demographic characteristics of this population are likely to include, single person or share households; young couples such as first home buyers; and ‘empty nester’ households. It is likely that there will be a mix of income amongst residents with some units being owner occupied and others being rented. The added population will generate additional needs for business, employees and patrons in Matraville Town Centre which will in turn encourage the location of services and facilities into the area. The increase in density is not considered to generate an unreasonable demand on the availability of services.

 

9.3    Ecologically Sustainable Development

In line with the Local Government Amendment (Ecologically Sustainable Development) Act 1997, Council requires appropriate consideration to be given to the principles of Ecologically Sustainable Development (ESD) in the assessment of development applications.

 

The proposed development is located in an area well served by public buses along Bunnerong Road, linking the subject site to the CBD, Railway Square, Bondi Junction and Randwick Junction. The introduction of residential uses close to commercial areas served by good public transport linkages is not only desirable but also in keeping with an increasing trend towards the promotion of public transport usage as a primary means of enhancing ecological sustainability and the reduction of greenhouse gases in the Sydney region. The proposal would assist in encouraging the use of public transport in line with the ESD principles.

 

A BASIX certificate for the residential component in the proposal was provided by the applicant which indicates achievement of the relevant water conservation, energy efficiency and thermal comfort criteria. A condition will be applied requiring the proposal to be implemented in accordance with the criteria set out in the BASIX certificate.

 

The proposal is considered acceptable in relation to Ecologically Sustainable Development issues.

 

9.4    Site Suitability - S79C(1)(c)

The site is located in the Matraville Town Centre and is capable of being developed to the proposed density, scale and massing under the provisions of the Randwick LEP and the DCP – Matraville Town Centre subject to the compliance with the relevant requirements in these controls. The site has convenient access to the local and regional transport network. Commercial and retail uses are within walking distance from the site. The site has sufficient area to accommodate the proposed land uses and structures. Therefore, the site is considered suitable for the proposed development.

 

9.5    Issues raised in submissions - S79C(1)(d)

The issues raised in resident submissions have been addressed in relevant sections of this report.

 

9.6    The public interest – S79C(1)(e)

The proposed development will provide the local community with high quality housing and takes advantage of its proximity to the full range of transport services and urban facilities in the existing Matraville town centre. Additionally, the proposal will assist in creating a vibrant and sustainable town centre for the benefit of both business interests and local residents.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

Key Action:       Encourage and reward design excellence and sustainability.

 

Conclusion

 

The proposed development is permissible with consent of Council and the revised proposal complies with the relevant development standards of the LEP with the exception of maximum building and storey height under Clause 42DA (5) and (6). A SEPP No.1 objection in relation to this breach has been submitted with the application and considered to be well founded in the circumstances. The breaches in the standards do not give rise to unreasonable impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view sharing, solar access and privacy. Additionally, the resultant height, bulk and scale of the proposed development is consistent with the existing and expected future scale and character of development in the immediate streetscape along Bunnerong Road and within the Matraville Town centre.

 

The proposal complies with the relevant objectives and performance criteria of the DCP – Matraville Town Centre and complies with the numerical requirements for carparking under the DCP - Parking.

 

The proposal will introduce a suitable mixture of residential and commercial/retail uses, which will reinforce the long-term vibrancy of the Matraville Town Centre. The proposed development will present as a contemporary building of appropriate architectural design, which will enhance the streetscape character of Bunnerong Road.

 

The subject application is recommended for approval subject to conditions.

 

Recommendation

 

A.     That Council support the objections under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clause 42DA (5) & (6) of the Randwick Local Environmental Plan 1998 (Consolidation), relating to maximum building and storey height, on the grounds that the proposed development is consistent with the relevant objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

B.     That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/732/2010 for the demolition of the existing dwelling and construction of a new part 3/part 5 storey mixed use development comprising a retail tenancy fronting Bunnerong Road at ground floor level, 20 residential dwellings and 2 levels of basement parking for 15 vehicles at 483-485 Bunnerong Road, Matraville, subject to the following conditions:

 

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

 

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

 

Plan Number

Revision

Prepared by

Plot Date

Received on

DA01

D

The Architecture Company

23 June 2011

24 June 2011

DA02

B

25 November 2010

24 June 2011

DA03

D

23 June 2011

24 June 2011

DA04

D

23 June 2011

24 June 2011

DA05

D

23 June 2011

24 June 2011

DA06

D

23 June 2011

24 June 2011

DA07

D

23 June 2011

24 June 2011

DA08

D

23 June 2011

24 June 2011

DA09

C

25 November 2010

24 June 2011

DA10

E

23 June 2011

24 June 2011

DA11

D

23 June 2011

24 June 2011

DA12

E

23 June 2011

24 June 2011

DA13

D

 

23 June 2011

24 June 2011

       

the application form and any supporting information received with the application, except as may be amended by the following conditions:

 

2.       The colours, materials and finishes of the external surfaces to the proposed development are to be compatible with adjacent developments to maintain the integrity and amenity of the building and the streetscape. Specifically, the use of brick material rather than the proposed predominantly rendered and painted surface shall be provided and a consistent external treatment of the front façade to Dine Street between all levels shall be undertaken.

 

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

 

3.       Street and unit numbering must be provided to the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council, prior to an occupation certificate being issued for the development.

         

          In this regard, 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, prior to issuing an occupation certificate.

 

4.       The enclosure of balconies is prohibited by this consent.

 

5.       A single common television aerial, and/or satellite dish (having a maximum diameter of 700mm and not located on the front or street elevation of the building) is to be installed to serve the development.

 

6.       Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

7.       In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority and the Council, prior to issuing a construction certificate and an occupation certificate, respectively.

 

8.       The following amendments to the proposal shall be undertaken:

 

·      Stepping down of the central courtyard towards the north and south boundaries to further reduce its impact on adjoining properties

·      Provision of natural daylight/clerestory windows and operable windows to bathrooms and laundries on external walls and upper floors

·      Provision of sunshading to the retail glazing should approval be granted.

 

Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

9.       A ceiling fan must be installed in each bedroom of all proposed residential units within the development. Details are to be provided in the Construction Certificate documentation to the satisfaction of the Principal Certifying Authority.

 

10.     Details of bicycle storage as required in the Development Control Plan – Parking shall be submitted to and approved by Council’s Director City Planning Council prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

11.     A separate Development Application and Construction Certificate or a Complying Development Certificate (as applicable) must be obtained with regard to the proposed usage of the retail tenancy at ground floor level.

 

12.     The proposed development (except the awning over the footpath) must not encroach onto Council’s land (i.e. airspace).

 

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

 

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

 

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

 

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

 

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

 

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

 

·           Stormwater management (i.e. rainwater tanks)

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

·           Landscaping provisions

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

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

 

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

 

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

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

 

17.     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 more than $200,000

$4,556,185 

1%

$45,561.85

 

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

 

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

 

The following conditions are applied to meet the requirements of the NSW Roads Traffic Authority:

 

20.     The development must be implemented substantially in accordance with any requirements of the NSW Roads Traffic Authority (RTA) as contained in the RTA’s letter dated 22 July 2011.

 

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

 

Building Regulation & Construction Site Management

 

18.     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.

 

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$45,561.85 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.

 

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

 

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

 

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

 

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

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

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

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

 

22.     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.

 

23.     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.

 

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

 

25.     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 must be provided to the Principal Certifying Authority and Council prior to commencement of works.

 

26.     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.

 

27.     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.

 

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

 

29.     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.

 

30.     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.

 

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

 

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

 

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

 

33.     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”.

 

34.     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.

 

35.     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.

 

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

 

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

 

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

 

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

 

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

 

37.     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.

 

38.     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.

 

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

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

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

·   Sunday & public holidays - No work permitted

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

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

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

 

40.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management details.

 

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

 

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

 

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

 

44.     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.

 

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

 

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

§   prior to construction of each additional new floor level,

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

§   as may be required by the Principal Certifying Authority.

 

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

 

Occupant Safety

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

 

Options may include one or more of the following measures:

 

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

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

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

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

v.    Other appropriate effective safety measures or barrier.

 

 

Access & facilities

47.     Access, facilities and car parking for people with disabilities must be provided to new building work in accordance with the relevant provisions of the Building Code of Australia and AS1428.1, AS4299 and 2890.1 and conditions of consent, to the satisfaction of the Certifying Authority.  Details of the proposed access, facilities and car parking for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

Environmental health & amenity

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

 

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

 

 

49.     A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration 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).  The assessment and report must include all relevant fixed and operational noise sources.

 

50.     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.

 

51.     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.

 

52.     A separate development application and construction certificate or a complying development certificate (as applicable) must be obtained prior to use of the commercial occupancies.

 

53.     In relation to the commercial occupancies if the premises are to be used at any time for any of the purposes detailed below,

 

·       All food businesses (including premises used for the sale, storage, preparation and distribution of food and drinks)

·       Hairdressing salons, Beauty salons, Businesses involving Skin Penetration & Piercing, Massage businesses

·       Licensed premises, places of public entertainment and hotels

·       Places of Shared Accommodation (including Boarding / Lodging Houses, Bed & Breakfast businesses, Backpackers, Residential Hotels or the like

·       Premises which have a Cooling Tower or Warm Water System

·      Business providing any form of sexual service (i.e. brothel or the like), the premises must comply with relevant public health and safety legislation and requirements and they must be registered with Council prior to an Occupation Certificate being issued for the development. The relevant registration and inspection fee is also required to be paid to Council in accordance with Council’s adopted Pricing Policy.

 

Services

54.     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.

 

55.     A Detailed Site Contamination Investigation Report must be submitted to the satisfaction of Council’s Director of City Planning prior to issuing any Construction Certificate for the development.  The detailed investigation must be undertaken by an independent appropriately qualified environmental consultant and provide information on land and ground water contamination and also migration in relation to past and current activities and uses that may have occurred on the site.

 

The report is to be prepared in accordance with Council’s Contaminated Land Policy 1999 and relevant Guidelines made or approved by the NSW Department of Environment & Climate Change (formerly EPA), including the Guidelines for Consultants Reporting on Contaminated Sites and the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999.  Also, as detailed in the Planning Guidelines to SEPP 55 – Remediation of Land, the report is to assess the nature, extent and degree of contamination upon the land.

 

56.     Should the Detailed Site Investigation Report demonstrate that the land and groundwater is not contaminated, the conclusion to the report must clearly state that ‘the land is suitable for its intended land use, posing no immediate or long term risk to public health or the environment and is fit for occupation by persons, together with clear justification for the statement.  The report must demonstrate that any site contamination satisfies the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure 1999 and it is not necessary to carry out any remediation work.

 

The written concurrence of Council must be obtained before any Construction Certificate is issued for the development.

 

57.     Should the Detailed Site Investigation Report identify that the land is contaminated and the land requires remedial works to meet the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999, the following matters must be complied with:-

 

a)     A Remediation Action Plan (RAP) is required to be submitted to the satisfaction of Council prior to commencing any remediation works and prior to issuing any Construction Certificate.  The RAP is also required to be reviewed by an independent NSW Department of Environment & Climate Change (DECC) Accredited Site Auditor and a written statement is to be provided to the Council with the RAP from the Site Auditor, which confirms that the Remediation Action Plan satisfies the relevant legislative guidelines and requirements and that the land is able to be remediated to the required level and will be suitable for the intended development and use

 

b)     The RAP is to be prepared in accordance with the relevant Guidelines made or approved by NSW Department of Environment & Climate Change (DECC), including the Guidelines for Consultants Reporting on Contaminated Sites.

 

This RAP is to include procedures for the following:

 

·           Excavation, removal and disposal of contaminated soil,

·           Validation sampling and analysis,

·           Prevention of cross contamination and migration or release of contaminants,

·           Site management planning,

·           Ground water remediation, dewatering, drainage, monitoring and validation,

·           Unexpected finds.

 

c)     A NSW Department of Environment & Climate Change Accredited Site Auditor, accredited under the Contaminated Land Management Act 1997, must be appointed to assess the suitability of the site for its intended development and use. 

 

d)     The land must be remediated to the satisfaction of the Accredited Site Auditor and a Site Audit Statement and Summary Site Audit Report must be submitted to Council which verifies that the land has been remediated and the site is suitable for the intended development and satisfies the relevant criteria in the NEPM 1999.

 

Any requirements contained within an Environmental Management Plan (EMP) which forms part of the Site Audit Statement and Site Audit Report, form part of this consent and must be implemented accordingly.  Council is required to be consulted with prior to the development of the EMP and any comments made by Council are required to be taken into consideration prior to finalising the EMP.

 

e)     A Site Audit Statement (SAS) and Site Audit Report must be submitted to Council, prior to:

 

i)      any construction certificate being issued for the development,

ii)      a construction certificate being issued for any building work (other than shoring work, piling work, retaining structures or other work which is necessary to carry out the remediation works),

iii)     a subdivision certificate being issued for the development,

 

unless otherwise specifically approved by Council in writing.

 

f)     Remediation works are to be carried out in accordance with the requirements of the Contaminated Land Management Act 1997, environmental planning instruments applying to the site, guidelines made by the NSW EPA/DECC and Department of Planning, Randwick City Council’s Contaminated Land Policy 1999 and the Protection of the Environment Operations Act 1997.

 

g)     Should the approved remediation strategy including the ‘capping’ or ‘containment’ of any contaminated land, details are to be included in the Site Audit Statement (SAS) and Environmental Management Plan (EMP) to the satisfaction of the Site Auditor.

 

Details of the SAS and EMP (including capping and containment of contaminated land) are also required to be included on the Certificate of Title for the subject land under the provisions of section 88 of the Conveyancing Act 1919.  

 

h)     A Site Remediation Management Plan must be prepared prior to the commencement of remediation works by a suitably qualified environmental consultant and be implemented throughout remediation works. The Site Remediation Management Plan shall include measures to address the following matters:

·           general site management, site security, barriers, traffic management and signage

·           hazard identification and control

·           worker health & safety, work zones and decontamination procedures

·           cross contamination

·           site drainage and dewatering

·           air and water quality monitoring

·           disposable of hazardous wastes

·           contingency plans and incident reporting, and

·           details of provisions for monitoring implementation of remediation works including details of the person/consultant responsible.

 

A copy of the Remediation Site Management Plan is to be forwarded to Council prior to commencing remediation works.

 

i)      Any fill importation to the site is to be monitored and classified by the Site Auditor appointed for remediation of the site or a person with his qualifications. Only ‘Virgin Excavated Natural Material’ (VENM) is to be imported to the site, as detailed in the NSW DECC Waste Classification Guidelines (2008).

 

j)     Hazardous or intractable wastes arising from the demolition, excavation and remediation process being removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of:

 

·     New South Wales Occupational Health and Safety Act, 2000;

·     The Occupational Health and Safety (Hazardous Substances) Regulation 2001;

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

·     Protection Of the Environment Operations Act 1997 (NSW) and

·     NSW DECC Waste Classification Guidelines (2008).

 

k)     The works must not cause any environmental pollution, public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

l)      Any new information which is identified during remediation, demolition or construction works that has the potential to alter previous conclusions about site contamination or the remediation strategy shall be notified to the Site Auditor and Council immediately in writing.

 

The written concurrence of the Site Auditor and Council must be obtained prior to implementing any changes to the remediation action plan or strategies.

 

58.     The Site Audit Statement must, where no guideline made or approved under the NSW Contaminated Land Management Act is available (as with asbestos), clearly state the source of the standard adopted in determining the suitability of the land for the intended development and use and must also demonstrate its suitability to Council.

 

In relation to any asbestos contamination, a comprehensive remediation strategy and remedial action plan must be developed, to the satisfaction of the Site Auditor and NSW Department of Health or other suitably qualified and experienced specialist to the satisfaction of the Site Auditor. 

 

The remediation strategy and remedial action plan must demonstrate that the land will be remediated in accordance with relevant guidelines (if any) and to a level or standard where no unacceptable health risk remains from asbestos exposure, which shall be verified upon completion of the remediation works to the satisfaction of the Site Auditor.

 

59.     Any odours from excavated materials shall be mitigated by the use of an odour suppressant, such as Biosolve, and shall not give rise to an offensive odour as defined in the Protection of the Environment Operations Act 1997. Stockpiles shall also be covered and dampened down to reduce odour and dust impacts.

 

On-site land farming of contaminated soil is not permitted, except with the written approval of Council’s Manager of Environmental Health & Building Services.

 

60.     All trucks and service vehicles leaving the site shall go through a suitably constructed on site truck wash down area, to ensure no tracking of material occurs from the site onto roads adjoining the site. Details are to be submitted to Council in the Site Management Plan.

 

61.     Prior to the commencement and throughout the duration of the remediation and construction works adequate sediment and stormwater control measures shall be in place and maintained on site at all times.  Sediment laden stormwater shall be controlled using measures outlined in the manual Managing Urban Stormwater Soils and Construction produced by the NSW Department of Housing.

 

62.     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.

 

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

 

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

 

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

 

64.     A sign displaying the contact details of the remediation contractor (and the site manager if different to remediation contractor) shall be displayed on the site adjacent to the site access. This sign shall be displayed throughout the duration of the remediation works.

 

65.     The use and operation of the premises shall not give rise to an environmental health or public nuisance, cause a vibration nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a 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).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW DECC/EPA Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

67.     The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

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

 

      The report is to include (but not be limited) to;

 

o Noise emissions from the proposed development (Identification of all noise sources including all plant and equipment i.e. air conditioning units, mechanical ventilation, vertical exhaust ducting, roller door to the basement carpark etc) for all relevant day, evening and night time periods;

o Noise emissions from the use and operation of the development;

o Noise emissions into the proposed development from the surrounding environment;

o Miscellaneous operational and other noise emissions, which may result in an offensive noise, disturbance or nuisance to residents of the area;

o Road traffic noise intrusion (in accordance with the NSW Environmental Guidelines, Environmental Criteria for Road Traffic Noise and AS 3671);

o Interior acoustic privacy (in accordance with Council’s Development Control Plan);

 

The report shall also include;

 

o Relevant recommendations and appropriate noise mitigation methods to ensure compliance with the Protection of the Environment Operations Act 1997 and relevant noise control criteria and guidelines for day time, evening and night time period;

 

o Recommended monitoring and compliance programs/validation, to ensure compliance with relevant noise criteria.

 

Should this acoustic report identify the need for design changes to the building, the applicant must seek any relevant approvals from the Council prior to the implementation or commencement of any of these works.

 

69.     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.

 

70.     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.

 

71.     A separate development application and construction certificate or a complying development certificate (as applicable) must be obtained if the premises is to be used at any time for any of the purposes detailed below:

 

·    All food businesses (including premises used for the sale, storage, preparation  and distribution of food and drinks)

·    Hairdressing salons, Beauty salons, Businesses involving Skin Penetration &  Piercing, Massage businesses

·    Licensed premises, places of public entertainment and hotels

·    Places of Shared Accommodation (including Boarding / Lodging Houses, Bed &  Breakfast businesses, Backpackers, Residential Hotels or the like

·    Premises which have a Cooling Tower or Warm Water System

·    Business providing any form of sexual service (i.e. brothel or the like).

 

Business premises which are used for these purposes must comply with relevant public health and safety legislation and requirements and they must be registered with Council prior to an Occupation Certificate being issued for the development. The relevant registration and inspection fee is also required to be paid to Council in accordance with Council’s adopted Pricing Policy.

 

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

 

72.     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.

 

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

 

73.     Prior to the issuing of an Occupation Certificate the applicant must meet the full cost for Council or a Council approved contractor to:

 

a)   Construct a full width concrete heavy duty vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

NOTE: The design and construction of the gutter crossing off Bunnerong Road shall be in accordance with RTA requirements. Details of these requirements should be obtained from RTA's Project Services Manager, Traffic Projects Section, Parramatta (Ph: 8849 2144).

 

Detailed design plans of the proposed gutter crossing are to be submitted to the RTA for approval prior to the commencement of any road works.

 

It should be noted that a plan checking fee (amount to be advised) and lodgement of a performance bond may be required from the applicant prior to the release of the approved road design plans by the RTA.

 

b)   Remove the existing kerb and gutter and construct new kerb and gutter for the full site frontage except opposite the vehicular entry/exit point.

 

c)   Remove all redundant vehicular crossings and reinstate the area to Council’s satisfaction.

 

d)   Reconstruct the Bunnerong Road site frontage in accordance with Council’s Urban Design Guidelines for Matraville Commercial Centre. It is noted that this will include footpath reconstruction along the full site frontage.

 

74.     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.

 

75.     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.

 

Traffic & RTA conditions

 

The following conditions are applied to comply with the requirements of the RTA and Council’s Traffic Engineering section.

76.     All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level for a distance of 2.0m within the site or splayed 2.0m metre by 2.0 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.

 

77.     Prior to the issuing of a Construction Certificate for the proposed development the applicant must submit to Council for approval, and have approved, a detailed Traffic Management Plan (TMP) for internal traffic movements post construction. The TMP must provide full details on traffic control measures aimed at minimizing conflicts on the one way ramp linking the ground floor with the basement carpark. Similarly, the TMP must provide details on traffic control measures aimed at minimizing conflict between vehicles using the commercial carpark area and vehicles using the one way ramp linking the ground floor with the basement carpark. The TMP must be prepared by a suitably qualified traffic consultant and is to be prepared in full consultation with Council’s Development Engineer Coordinator.

 

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

 

79.     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.

 

80.     All vehicles are to enter and leave the site in a forward direction.

 

81.     All works/regulatory signposting associated with the proposed development are to be at no cost to the RTA or Council.

 

82.     In accordance with Australian Standard 2890.1- 2004 (Parking Facilities, Part 1: Off-street car parking), the driveway shall be a minimum of 6.0 metres in width for a minimum distance of 6 metres from the property boundary to allow for two-way simultaneous entry and exit.

 

83.     The layout of the proposed basement carparking associated with the subject development (including driveways, grades, turning paths aisle widths, parking bay dimensions, etc) shall be in accordance with Australian Standard 2890.1:2004 (Part 1-Off street car parking) and Australian Standard 2890.2:2002 (Part 2 -Off-street commercial vehicle facilities).

 

84.     The applicant is to submit detailed design drawings and geotechnical reports relating to the excavation of the site and support structures to the RTA for assessment. The applicant is to meet the full cost of the assessment by the RTA.

 

This report shall address the following key issues:

 

a)   The impact of excavation/rock anchors on the stability of Bunnerong Road and detailing how the carriageway would be monitored for settlement.

b)   The impact of the excavation on the structural stability of Bunnerong Road.

c)   Any other issues that may need to be addressed. (Contact: Geotechnical Engineer Stanley Yuen on phone 8837 0246 or Graham Yip on phone 8837 0245 for details).

 

     NOTE:

If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owners of the roadway are given at least seven (7) days notice of the intention to excavate below the base of the footings. The notice is to include complete details of the work.

 

85.     The minimum clear distance from the existing footpath in Bunnerong Road to the underside of the proposed awning shall be 3.0 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

86.     All new awnings shall be set back a minimum of 600mm from the face of kerb. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

87.     Upon completion of the construction of the awning, certification of the structural adequacy of the awning must be provided to the Council.

 

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

88.     The Council’s Development Engineer has inspected the above site and have determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall be:

 

·      Graded 2.5% from the top of the existing kerb at all points opposite the kerb, along the full site frontage.

 

89.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the kerb must be indicated on the building plans for the construction certificate.

 

90.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $1260 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:

91.     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.

 

92.     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.

 

93.     Documentary evidence from the relevant public utility authorities confirming that their requirements have been satisfied, must be submitted to the certifying authority prior to a construction certificate being issued for the development.

 

94.     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 and the RTA, prior to the issuing of a final occupation certificate for the development.

 

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

 

95.     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.

 

96.     The applicant shall meet the full cost of the overhead power lines and telecommunication cables located in the vicinity of the development site to be relocated underground and all redundant power poles to be removed. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.

 

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

 

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

 

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

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development.

 

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

98.     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.

 

99.     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.

 

100.    All site stormwater must be discharged (by gravity) to the kerb and gutter at the front of the property.

 

101.    On-site stormwater 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.

 

102.    The detention area must be regularly cleaned and maintained to ensure it functions as required by the design. Any onsite detention systems shall be located in areas accessible by residents of all units.

 

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

 

a)  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)

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

c)  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

 

104.    Any above ground stormwater detention areas must be suitably signposted where required, warning people of the maximum water level.

 

105.    The floor level of all habitable and storage areas adjacent to the detention area  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).

 

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

 

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

 

108.    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.

 

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

 

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

b)   prior to stormwater discharging into any absorption/infiltration system.

 

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

 

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

 

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

 

·      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.

 

110.    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 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.

 

111.    One car washing bay shall be provided for this development.

 

a)       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.

 

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

 

c)       The car washing bay shall be located within one of the visitor parking spaces and signposted with ‘Exclusive Carwash Bay Use Sat 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’

 

d)       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.

 

112.    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).

 

113.    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.

 

114.    Prior to the issuing of a construction certificate for the proposed development the applicant must undertake a detailed geotechnical investigation of the site. Should the geotechnical investigation indicate that seepage water is likely to be encountered within the depth of the basement excavation, the basement carpark or similar structures must 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).

 

c)  Seepage Water must not be collected in subsoil drainage systems and discharged from the site

 

115.    A separate written approval from Council is required to be obtained in relation to any proposed discharge of collected seepage water and / or rainwater collected within the excavation of the basement carpark into Council’s drainage system external to the site, in accordance with the requirements of Section 138 of the Roads Act 1993. This approval relates specifically to the temporary dewatering of water (seepage or rainwater) from the site to facilitate construction of the basement level.

 

The subject details must include the following information:

 

·      Site plan

·      Hydraulic engineering details of the proposed disposal/connection of seepage water or site stormwater to Council/s drainage system

·      Volume of water to be discharged

·      Location and size of drainage pipes

·      Duration, dates and time/s for the proposed works and disposal

·      Details of water quality and compliance with the requirements of the Protection of the Environment Act 1997

·      Details of associated plant and equipment, including noise levels from the plant and equipment and compliance with the requirements of the Protection of the Environment Act 1997 and associated Regulations and Guidelines

·      Copy of any required approvals and licences from other Authorities (e.g.  A water licence from the Department of Planning/Department of Water & Energy).

·      Details of compliance with any relevant approvals and licences

 

The following conditions are applied to provide adequate provisions for waste management:

116.    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. The waste storage areas shall be clearly signposted.

 

117.    The residential garbage room area will have to be designed so as to be able to contain a total of 22 x 240 litre bins (11 garbage bins & 11 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.

 

118.    The commercial garbage room area will have to be designed so as to be able to contain a total of 6 x 240 litre bins (3 garbage bins & 3 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.

 

119.    Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste Services, a Waste Management Plan detailing waste and recycling storage and disposal for the development site.

 

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste for the units and commercial tenancy.

 

Prior to the issuing of a construction certificate the applicant shall liaise with Council’s Manager of Waste in regards to the presentation of the waste bins to the kerbside for collection.

 

The following conditions are applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works:

120.    Prior to the issuing of a Construction Certificate the proposed development site must be consolidated into one allotment.

 

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

 

121.    The landscaped areas shown on the plan number 10.706-01 Issue A by Greenplan dated 2/7/2000 shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

a.       A site plan at an appropriate scale showing existing site boundaries, existing trees within the property (clearly identified as being retained or removed), existing street trees (clearly identified as being retained or removed), features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, and at the base of the tree/s to be retained, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

The plan shall clearly show the position, canopy spread (location of dripline), trunk diameter, height and names of all existing trees upon the site and adjoining sites within 6 metres of the common property boundary which are likely to be affected by the development.

 

b.       A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting and existing trees to be retained. All plants are to be drawn at their mature size with a dense planting of shrubs, accent plants and ground covers within all garden beds so that a continuous planted cover is achieved. Plant spacings are to be clearly indicated for all accent and groundcovers.

 

c. A planting schedule listing all plants by botanic & common names, plant numbers, plant spacings for groundcovers and accent planting, pot sizes, the estimated size of the plant at maturity (height & spread) and proposed staking methods when applicable. Note: the proposed use of Chinese Elm trees in the deep soil zone is not supported and a more upright tree us recommended, (e.g. Blueberry Ash).

 

d.       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.

 

e.       Position of existing and proposed site services including water, gas, electricity, sewer, stormwater, etc.

 

f.        Sectional elevations through the site showing the existing and proposed groundlines, building elevations, and mature height of proposed planting.

 

g.       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. The level 2 planters should have a minimum depth of 800mm where trees are proposed. Planter box details shall be submitted with the detailed landscape plans.

 

h.       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.

 

i.        Location of easements within the site and upon adjacent sites (if any).

 

122.    The landscaping shall be installed in accordance with the approved documentation prior to the issue of a final occupation certificate and shall be maintained in accordance with those plans.

 

Documentary evidence is to be obtained from a suitably qualified Landscape Architect and submitted to the principal certifying authority (PCA) (and the Council, if the Council is not the PCA) prior to the issuing of a final occupation certificate which confirms that the landscaping works have been completed in accordance with the approved landscaping plans and relevant conditions of development consent, to the satisfaction of the PCA.

 

123.    Approval is granted for removal of all existing vegetation located within the development site as required to facilitate construction of the proposed development.

 

Streetscape Works

124.    The applicant shall meet all costs associated with upgrading the Bunnerong Road site frontage in accordance with Council’s Urban Elements Design Manual for the Matraville Commercial Centre. All works carried out on Council property, shall be in accordance with Council’s requirements for Civil Works on Council property.

 

A detailed streetscape plan for the Bunnerong Road frontage showing proposed paving design, grades, street trees, finished levels, extent and location of awnings, doors/entranceways, signage and any other details required by Council’s Landscape Architect shall be submitted to, and approved by, Council’s Director of City Services, prior to commencement of any external works.

 

The applicant will be required to contact and liaise with Council’s Co-ordinator of Landscape Design on 9399-0911, prior to preparation of the streetscape plan in order to obtain more detailed, site specific landscape design requirements from the relevant Departments of Council.

 

Following approval of the streetscape plan; and prior to commencement of the streetscape works on Council property, the applicant must also liaise with Council’s Pre-paid Works Designer on 9399-0922, regarding scheduling of works, inspections, supervision fees and compliance with Council’s requirements for public liability insurance.

 

The approved streetscape works must be completed to the satisfaction of Council’s Landscape Architect and Pre-paid Works Designer, prior to the issue of a Final (or any other type of Interim) Occupation Certificate/s.

 

Advisory

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

 

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

 

A2      A separate Local Approval application must be submitted to and be approved by Council's Health, Building & Regulatory Services department prior to commencing any of the following activities:-

 

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

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

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

 

A3      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

A4      Construction cranes may be required to operate at a height significantly higher than that of the proposed controlled activity and consequently, may not be approved under the Airports (Protection of Airspace) regulations.

 

Construction cranes may be required to operate at a height significantly higher than that of the proposed controlled activity and   consequently, may not be approved under the Airports (Protection of Airspace) regulations. Sydney Airport Corporation Ltd advises that approval to operate construction equipment (i.e. cranes) should be obtained prior to any commitment to construct.

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                               9 August 2011

 

 

Development Application Report No. D87/11

 

 

Subject:                  3 Frederick Street, Coogee (DA/249/2009/A)

Folder No:                   DA/249/2009/A

Author:                   GAT & Associates , Pty Ltd     

 

Proposal:                     Section 96 application to modify the rear roof from a hip roof design to a skillion roof

Ward:                      East Ward

Applicant:                Mr P Moysidis

Owner:                         Ms M Parras

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


Executive Summary

 

The application is referred to Council for determination as the applicant of the proposal is an immediate relative of a Council employee and the property is owned by that employee. The original application was approved at an Ordinary Council Meeting on 23 June 2009.

 

A Section 96 Modification has been submitted to Council which seeks to modify the approved roof form as per DA249/2009. It is noted that the proposal seeks to amend the approved roof form to the rear of the property from a hipped design to a skillion roof form.

 

The application was notified for a period of 14 days, from 25 May 2011 to 8 June 2011. No submissions were received during the notification period.

 

An assessment of the proposal finds that the proposed modification is largely in accordance with the planning controls and guidelines which apply to the 2A Residential Zone.

 

The proposed roof form is considered suitable for the site and the proposed works will not adversely impact upon adjoining properties.

 

The application is recommended for approval subject to conditions.

 

1.    The Proposal

 

The proposal seeks to change the approved rear roof form from a hip design to a skillion roof. The existing pitched roof form would be retained over the remainder of the dwelling. The proposed amendment to the roof design is sought to simplify the construction of the roof and to improve the cost effectiveness of the project.

 

The proposed rear roof form will be of a skillion roof design and incorporate a support beam and timber framing with a ceramic tile covering. Appropriate insulation measures will be integrated.

 

The proposed change will not be visible to the street.

 

The change in roof form will further require the relocation of a downpipe from the north end to the south.

 

The proposal involves the amendment of Condition No. 1 which relates to drawing numbers as stated under the previous approval DA/262/2000.

 

Condition No. 1 reads as follows:

 

“1. The development must be implemented substantially in accordance with the plans numbered DA-100A, DA-101A, DA-102A, DA-103A, DA-104A & DA-105A, dated March 2009 and received by Council on the 27th April 2009, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:”

 

It is noted that the plans show a dormer/skylight that has been crossed out on the plans. An appropriate condition of consent will be imposed to ensure this approval does not imply or infer its inclusion.

 


The Subject Site and Surrounding Area

 

 

The site is located on the eastern side of Frederick Street, Kingsford between Meymott Street to the north and Oberon Street to the south. The site is zoned Residential 2A and is adjoined by residential dwellings.

 

The property contains an existing single storey, free standing dwelling with a frontage to Frederick Street. A concrete path runs the length of the northern boundary providing access to an existing garage located against the rear boundary. Under the previous development application, a new garage was approved in the same location.

 

The site is rectangular in shape and has a frontage to Frederick Street of 12.495 metres and a depth of 28.04 metres. The site has an overall area of 350.36m².

 

Frederick Street contains a mix of single and two storey dwellings with tiled, pitched roof forms. The broader area is residential and the predominant built form is of single storey free standing dwellings.

 

2.    Site History

 

The residential dwelling has existed on the site for many years. There is no site history which affects the proposed development.

 

BA/841/1969

Laundry

Approved

BC/60/1999,

Building Certificate

Approved

CC/75/2010

Demolition of existing garage, construction of new garage to rear of existing dwelling, ground level alterations and additions to dwelling and construction of deck at rear.

Approved

DA/249/2009,

Demolition of existing garage, construction of new garage to rear of existing dwelling, ground level alterations and additions to dwelling and construction of deck at rear

Approved

DA/249/2009/A

Section 96 application to modify the rear roof from a hip roof design to a skillion roof.

Under Assessment

 

3.    Community Consultation

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.

 

The application was notified for a period of fourteen (14) days from the 25th of May, 2011 to the 8th of June, 2011. No submissions have been received.

 

4.    Technical Officers Comments

 

Given the nature of the proposed works, the application does not require referral to any technical officers or external bodies.

 

5.    Master Planning Requirements

 

No Master Planning requirements apply to the subject site.

 

6.    Relevant Environmental Planning Instruments

 

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

 

(a) Randwick Local Environmental Plan 1998

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

 

“(1) The objectives of Zone No 2A are:

(a)  to provide a low density residential environment, and

(b)  to maintain the desirable attributes of established residential areas, and

(c)  to protect the amenity of existing residents, and

(d)  to allow for a range of community uses to be provided to serve the needs of residents, workers and visitors, and

(e)  to encourage housing affordability, and

(f)   to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality.

 

(2)  Development for the purpose of the following does not require development consent:

 

Bushfire hazard reduction; Public utility undertakings; Recreation

 

(3) Development for the purpose of the following requires development consent:

 

Attached dual occupancy; Bed and breakfast accommodation; Boarding houses; Child care centres; Communication facilities; Community facilities; Dwelling houses; Earthworks; Educational establishments; Health consulting rooms; Home activities; Outdoor advertising; Places of worship; Public transport; Recreation facilities; Roads

 

(4) Any development not included in subclause (2) or (3) is prohibited”.

 

It is considered that the proposal is consistent with objectives (a), (b), (c) of the zone. The proposal retains the low density residential environment within Frederick Street. The development will not alter the predominant scale of development in the area, which consists of single and two storey residential dwellings and associated outbuildings. The proposal involves the modification of the rear roof form. The application retains the existing/approved pitched roof form to Frederick Street and as such the siting of the proposed skillion roof form to the rear of the dwelling will not be visible to the street and will retain the appearance and consistency of the existing streetscape which consists of predominantly tiled, pitched roof forms.

 

The proposed works will not compromise the amenity of adjoining properties as there will be no adverse impacts to privacy or overshadowing as detailed in this report. In fact the overall height of the building to the rear will be reduced by this proposal as depicted on the submitted plans.

 

Objectives (d), (e) and (f) are not relevant in this instance, as the residential use of the site will continue. Affordable housing is not relevant as the proposal affects one existing dwelling and does not increase the density on the site.

 

In terms of permissibility, dwelling houses and accordingly the associated roof forms are permissible in the 2A Residential Zone with Council consent. Therefore the proposed modifications to the approved garage are permissible with consent.

 

Clause 20B – Minimum Allotment Sizes

Clause 20B requires a minimum site area of 400m2 for land in Zone No. 2A. In addition, sites are required to have a frontage of at least 12 metres. However, subclause (5) does not prohibit the erection of a dwelling house within Zone No 2A, 2B or 2C on an allotment of land that existed as a separate allotment on the appointed day.

 

The site has an area of 350.36m2 and a frontage of 12.495 metres to Frederick Street. The site was subdivided and developed for residential purposes many years ago. This current proposal does not alter the site area or frontage. No further subdivision of the site is proposed. Given subclause (5) as stated above, the proposed works are not prohibited.

 

Clause 20E – Landscaped Area

The controls for landscaped area under Clause 20E do not apply to dwelling houses.

 

Clause 20F – Floor space ratios

The controls for floor space ratio under Clause 20F do not apply to dwelling houses.

 

Clause 20G – Building Heights

The controls for buildings height under Clause 20G do not apply to dwelling houses.

 

Clause 22 – Services

Clause 22 requires that adequate facilities for the supply of water and for the removal or disposal of sewage and drainage are available to the land. All services are available to the site, given the existence of the dwelling on the site.

 

 

 

 

Clause 43 Heritage Conservation

The site is not a heritage item and does not adjoin a heritage item. The site is not located within a heritage conservation zone. Therefore the heritage controls of the Local Environmental Plan are not applicable.

 

(b)    State Environment Planning Policy (Building sustainability Index: BASIX) 2004.

The provision of a BASIX certificate indicates that compliance with the current targets set for thermal, energy and water conservation have been met by the development as the nature of the works will not alter the original commitments.

 

A revised BASIX Certificate has not been submitted as part of this application.

 

(c)    State Environment Planning Policy No 55- REMEDIATION OF LAND

Clause 7 of the State Environmental Planning Policy No. 55 – Remediation of Land requires Council to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land.

 

Should the land be contaminated Council must be satisfied that the land is suitable in a contaminated state for the proposed use. If the land requires remediation to be undertaken to make the land suitable for the proposed use, Council must be satisfied that the land will be remediated before the land is used for that purpose.

 

The site history indicates a history of a residential nature. Therefore it is not likely that the site has experienced any contamination.

 

In accordance with State Environmental Planning Policy No. 55, Council is able to conclude that no further assessment of contamination is necessary.

 

6.1 Policy Controls

 

a.    Development Control Plan Dwelling Houses and Attached Dual Occupancies

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The external wall height of the building will be retained as per the approved plans. The current application only proposes changes to the rear roof form.

S1

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

As above, the external wall height of the dwelling will not alter from the approved plans as per Development Application249/2009.

S3

Cut or fill does not exceed 1m.

No cut and fill required/proposed. Not applicable.

S3

No excavation within 900mm of a side boundary.

No excavation required/proposed. Not applicable.

S3

No excavation within 4m of a rear boundary.

No excavation required/proposed. Not applicable.

S4

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

The proposal only involves a modification to the rear roof form. No change will be made to the approved length of the dwelling.

S5

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

There is no change to the approved number of storeys.

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

A revised BASIX Certificate has not been submitted as part of this application. The original certificate and commitments still apply.

S2

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

While amended shadow diagrams have not been submitted as part of this application, the proposed roof form will be at a lower pitch than the approved roof form and will result in reduced overshadowing compared to that approved.

S2,8

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

Refer to comments above.

S9

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

Refer to comments above.

S9

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

Refer to comments above.

S9

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

 

Refer to comments above.

 

 

 

 

 

6.2 Council Policies

Section 96(2) ‘Other modifications’

Comments

Section 96(2)(a) - The development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all).

The development provides for minor amendment to the rear roof form and the relocation of a down pipe.

 

The building footprint will not be altered in terms of its floor area and no changes are proposed to the approved setbacks.

 

Accordingly the development is substantially the same development.

Section 96(2)(b) - It has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent.

N/A

Section 96(2)(c) - It has notified the application in accordance with:

(i)

The regulations, if the regulations so require, or a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent.

 

The application was placed on public exhibition in accordance with Council’s DCP – Public Notification.

Section 96(2)(d) - it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.

 

Subsections (1) and (1A) do not apply to such a modification.

 

No submissions were received during the notification period.

 

7.    Environmental Assessment

 

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

 

 

 

 

 

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

Refer to the “DCP” section of this report.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

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

There are no submissions as part of this application.

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.

 

Conclusion

 

The application satisfies the relevant assessment criteria and is recommended for approval subject to the attached conditions of consent.

 

Recommendation

 

That Council, as the consent authority, grants its consent under Section 96 of the Environmental Planning and Assessment Act 1979, as amended, to modify Development Consent No. 249/2009 to modify the rear roof from a hip roof design to a skillion roof, at No. 3 Frederick Street, Coogee, in the following manner:

 

·                     Amendment of Condition No. 1 to read:

1.       The development must be implemented substantially in accordance with the plans numbered DA-100A, DA-101A, DA-102A, DA-103A, DA-104A & DA-105A, dated March 2009 and received by Council on the 27th April 2009, the application form and on any supporting information received with the application, except as may be amended by the Section 96 plans, DA 101 B and  DA 101 B, dated May 2011 and received by Council on 19 May 2011, only in so far as they relate to the modifications highlighted on the Section 96 plans and details in the Section 96 application, following conditions and as may be shown in red on the attached plans:

 

·              Add Condition No. 32

32.           The previously approved dormer/skylight which has been crossed out on the submitted plans under Development Application/249/2009/A must not be included in the construction of the proposed works.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                               9 August 2011

 

 

Development Application Report No. D88/11

 

 

Subject:                  42 Wride Street, Maroubra (DA/119/2011)

Folder No:                   DA/119/2011

Author:                   Adrian McKeown, Environmental Planning Assessment Officer     

 

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

Ward:                      Central Ward

Applicant:                Edifice Design Pty Ltd.

Owner:                         Carlton Addison & Justyna Puchala

Summary

Recommendation:     Approval

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

The application has been referred to the Planning Committee for determination at the request of Councillors Seng, Andrews and Matthews. The application would ordinarily have been referred to Council for determination, as the proposed development proposes to exceed the development standard for floor space ratio by 36.9%, 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 37%, it should be noted that if the proposal is to be assessed against the preferred solution for floor space ratio under the DCP for Dwelling Houses and Attached Dual Occupancies, it would represent an excess of only 5% above the preferred solution. 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 alterations and additions to the existing semi detached dwelling house including a new first floor addition, construction of a shade structure to the rear property boundary and construction of a new set of stairs to the dwelling at ground floor level.

 

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 neighbouring properties with regard to privacy, bulk, streetscape impact and scale and that unauthorised building works have been undertaken on the subject site.

 

The application is recommended for approval, and a condition is recommended that a rear facing first floor balcony be deleted. This condition is recommended to ensure that the proposed works will not impose any unreasonable impact on neighbouring dwellings with regard to visual privacy.

 

2.    The Proposal

 

Amended plans were submitted to Council on 4 May 2011 which altered the proposal by increasing the front setback for the first floor addition, including a privacy screen to the rear of the proposed shade structure at the rear of the site and amending window configurations on the eastern elevation.

 

The amended proposal involves:

 

·           Construction of a first floor addition to include 3 bedrooms and a rear-facing balcony;

·           Construction of a shade structure to the western property boundary with a privacy screen within 500mm of the rear boundary; and

·           Construction of a new set of stairs to the front façade at ground floor level, to access a proposed home office.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the northern side of Wride Street within the Zone No 2A (Residential A Zone). The site has a frontage of 7.9m, a depth of 24.1m and a total area of approximately 220.3m2. The site has a southerly aspect and slopes towards the street from the rear. A single storey semi-detached dwelling exists on the site. Single storey dwellings are located to the east of the subject site and the adjoining semi-detached dwelling has a first floor addition which was approved under DA/1108/2003.  

 

Figure 1:  The existing semi-detached dwelling on the subject site. The adjoining semi-detached dwelling at 40 Wride Street is obscured from view by a tree.

 

4.    Site History

 

Council approved Building Certificate BC/178/1988 to cement render the semi-detached dwelling.

 

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 marginally from the applicant’s in that Councils’ calculations resulted in a lower gross floor area than that achieved by the applicant.

 

 

Floor Space Ratio

LEP development standard

0.5:1

Proposal

0.68:1 - gross floor area of 150.9m2  (Council’s calculation)

Excess above the LEP standard

40.7m2 above the development standard which equates to a proposed 36.9% 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 standard is unreasonable/unnecessary as it would prevent a modest family home from being built on a small block;

 

-     The development is consistent with existing semi-detached dwellings on the street where first floor additions have been constructed;

 

-     The existing footprint of the dwelling will be maintained and the proposal is consistent with all other development standards including landscaped area provision and building height;

 

-     The dwelling will be consistent with the adjoining semi-detached dwelling and not overly bulky as viewed from the streetscape;

 

-     The proposal will not result in any unreasonable impact on neighbouring dwellings with regard to overshadowing, views or privacy;

 

-    The existing footprint of the dwelling will be maintained;

 

-    The proposal is consistent with all other development standards including landscaped area provision and building height;

 

-    The proposal will preserve a portion of the front façade and has set back the roof line. The proportions of the first floor addition are in keeping with the neighbouring semi-detached dwelling.

 

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 substantially in line with an existing first floor addition to the adjoining semi-detached dwelling and which is consistent with existing residential development in the area;

 

-     Whilst the proposal exceeds the maximum floor space ratio standard by 37%, were the proposal to be assessed against the preferred solution for floor space ratio under the DCP for Dwelling Houses and Attached Dual Occupancies, it would represent an excess of 5% (7.7m2) above the preferred solution;

 

-     As will be discussed in the following sections, the proposal (as conditioned) 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 (as conditioned), 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 would not allow the best economic use of the site and the delivery of a suitably scaled in-fill residential development in an established neighbourhood.

 


Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

 

Second

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

Comments:

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

 

Third

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

Comments:

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

 

Fourth

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

Comments:

The 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.

 

6.1      Objections

As a result of this notification, the following submissions were received:

 

40 The Causeway, Maroubra

Issue

Comment

Privacy will be impacted to our rear yard as a result of the proposed windows at the southern end of the first floor addition.

Amended plans show that the proposed windows (W6 & W7) to the southern end of the first floor addition (eastern elevation) are to be highlight windows.

 

40 Wride Street, Maroubra

Issue

Comment

Request site visit from Assessing Officer.

 

We were required to increase the front setback by 1200mm during the assessment of a similar proposal for our dwelling in 2004.  Council’s justification for this increased setback was to ‘reduce the bulk of the addition from the street and maintain visual cohesion between the two attached dwellings’.

 

The proposal to locate the first floor addition 1.2m further south of the adjoining semi-detached dwelling will block an existing view from the neighbouring semi-detached dwelling to the east. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Objection is raised to the proposal to exceed Council’s development control for gross floor area (0.65:1 – DCP). Increasing the front setback at first floor level will help maintain the gross floor area for the dwelling.

 

Council refused a rear-facing balcony to our dwelling in 2004. Instead, we replaced the balcony with bi-fold doors and windows incorporating glazing to a height of 1.5m above floor level. The proposed balcony to the rear of the subject dwelling is within 9m of 48% of our rear yard and should be deleted accordingly, due to its negative impact on visual privacy.

 

Substantial alterations have been carried out without approval to the rear of the existing dwelling. The deck/terrace area overlooks our private open space and it is further proposed to install a roof over this area. There are no dimensions on the plans which may determine the extent of the impact of this structure.

 

The roof of this structure should be brought back so that there is a 900mm setback from our shared boundary.

 

We request that a privacy screen be conditioned to the northern extent of the existing terrace area, to the height of the proposed roof over the terrace area, in order to increase visual and acoustic privacy for our rear yard.

 

Elevation plans should be amended to show the correct front property boundary. The southern elevation plan is in error.

 

Please advise whether plans are to be amended to reflect our objections and to conform to the DCP.

 

Council’s Assessing Officer attended 40 Wride Street on 18 March 2011.

 

Amended plans were submitted on 4 May 2011. The amended 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 and will respect the symmetry of the semi-detached dwellings on the site and the site to the west (40 Wride Street).

 

An existing view from the south-facing window of the adjoining semi-detached dwelling will be maintained (see Figures 2 and 3 below).

 

 

Figures 2 and 3: Existing view to the east from the first floor addition to the semi-detached dwelling to the east (40 Wride Street).

 

See further discussion above – Part 5.

 

The proposed balcony to the rear of the subject dwelling is recommended for deletion. See further discussion below – Part 9.1.

 

 

 

 

 

 

 

This matter has been referred to Council’s regulatory section.  Dimensions are shown on the plans submitted to Council.

 

 

 

 

 

 

 

Council’s DCP allows for development which includes a reduced setback to property boundaries. See further discussion below – Part 9.3.

 

Plans amended by the applicant on 7 June 2011 show a privacy screen to the northern property boundary. See further discussion below – Part 9.1.

 

 

Plans have been checked and are considered to accurately represent the site and the adjoining semi-detached dwelling.

 

 

Amended plans were notified to the owners of adjoining dwellings from 17 May 2011 until 25 May 2011.

 

 


36 The Causeway, Maroubra

Issue

Comment

Visual privacy will be substantially compromised to the rear yard of our property.

 

Substantial works were undertaken on the subject site without approval.  These works have had a detrimental effect on our privacy, are marked on plans as ‘existing’ and include:

 

·      A deck to the rear of the dwelling;

·      Earthworks;

·      Demolition of a rear wall;

·      Alterations to side wall fenestration;

·      Construction of a new opening to the rear with bi-fold doors; and

·      A new pitched roof to the rear of the dwelling.

 

The proposal to construct a first floor balcony to the rear of the subject dwelling will result in the overlooking of our lounge room, pool area and open space. The balcony is within 9m of our lounge room, pool area and open space and should be screened.

 

The proposed first floor windows on the eastern elevation of the subject dwelling will also overlook our private open space and that of our neighbours at 38 Wride Street.  We request that the windows be constructed to maintain privacy levels.

 

Objection is raised to the proposal to construct a roof over an existing patio area at the rear of the subject site on the following grounds:

 

·      Visual dominance;

·      Loss of open space for the residents of the subject dwelling; and

·      Acoustic impact as this area is likely to be used for entertaining.

 

Objection is raised to the proposal to exceed Council’s development control for gross floor area (0.65:1 – DCP sic). There are no exceptional circumstances in this instance which should warrant an excess over the control.

 

Please advise whether plans are to be amended to reflect our objections. Please also respond to the alleged works which have been constructed without approval.

 

 

See further discussion below - Part 9.1.

 

 

See further discussion above.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

See further discussion below - Part 9.1.

 

 

 

 

 

 

See further discussion below - Part 9.1.

 

 

 

 

 

 

See further discussion below – Part 9.2.

 

 

 

 

 

 

 

 

 

 

See further discussion below – Part 5.

 

 

 

 

 

 

Amended plans were notified to the owners of adjoining dwellings from 17 May 2011 until 25 May 2011. The owner was informed during a site visit on 21 June 2011 that the allegations of illegal works had been referred to Council’s regulatory section.

 

Second objection received from 36 The Causeway, Maroubra, following the re-notification of amended plans:

Issue

Comment

Amended plans have not addressed our concerns as follows:

 

·      Privacy will be impacted due to the proposed rear-facing first floor balcony as it would impact on our pool area, rear yard and internal living area;

·      The DCP requires that where a privacy impact is established within 9m of a neighbouring dwelling, that the balcony must be appropriately screened;

·      It is not clear whether window 10 is to be constructed using obscure or clear glazing.

 

The balcony should be deleted and any new window to the rear of the first floor addition should include a sill height of 1.5m.

 

 

 

See further discussion below - Part 9.1.

 

 

 

 

 

 

 

 

 

 

 

 

See further discussion below - Part 9.1.

 

 

38 The Causeway, Maroubra

Issue

Comment

Privacy will be impacted to the locality as a result of the proposed windows at the southern end of the first floor addition. The proposed balcony would set an undesirable precedent for the locality.

See further discussion below - Part 9.1.

 

6.2 Support

No submissions were received in support of the application. 

 

7.      Technical Officers Comments

 

The application has been referred to the relevant technical officers. The following comments have been provided:-

 

7.1 Development Engineer

The submitted plans show a large street tree located on Council’s nature strip, a site inspection shows the street tree has been removed by council and a smaller replacement planted.

 

There is also a tree located within the adjoining neighbours properties front yard, a site inspection shows this tree will not be affected by the proposed development.

Footpath Comments (photos on file)

The site inspection revealed Council’s footpath is damaged within the Council driveway area. It appears a stormwater pipe within the site was connected to the kerb via the council footpath and nature strip and the council footpath was damaged during this work.

 

Should the application be approved the following conditions shall apply:

 

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 41.5% 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 68:1. 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 or 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 No 2A or 2B is 7 metres measured vertically from any point on ground level.  The proposed maximum building height is 9.3 m and the proposed external maximum wall height is 7m. The proposal complies with the clause.

 

9.3 Policy Controls

9.3.1   Development Control Plan – Dwelling Houses and Attached Dual Occupancies:

 

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

41.5%

yes

25m² of private open space provided.

29.6m2 +

Yes

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

6.3m x 4.7m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

22.8%

Yes

Height, Form & Materials

External wall height maximum 7m

7m

Yes

External wall height to the rear maximum 3.5m.

3.1m

Yes

Cut or fill maximum 1m.

Cut or fill less than 1m.

Yes

No excavation within 900 mm of a side boundary.

Excavations for proposed shade structure with nil setback to the western property boundary.

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

No excavation within 4m of a rear boundary.

500mm

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

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

7.4m

Yes

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

Yes

See further discussion below – Part 9.2.

Building setbacks

Front setback average of adjoining dwellings or 6m

Existing 4.8m setback for the dwelling will be maintained. Proposed stairs to front yard will result in a reduced setback of 3.5m

See further discussion below – Part 9.3.1.

Rear boundary setback at least 4.5m

Proposed shade structure will be setback 0.5m

See further discussion below - Part 9.3.3.

Side setbacks be 900mm at ground level.

Proposed shade structure will include a nil setback to the western property boundary

See further discussion below - Part 9.3.2.

Side setbacks be 1.5m at second floor level.

Proposed first floor addition will include a nil setback to the western property boundary and a 2.1m setback to the eastern property boundary.

See further discussion below - Part 9.3.2.

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 rear-facing first floor balcony will overlook adjoining rear yards to the north and north-east.

The proposed rear-facing first floor balcony is recommended to be deleted. See further discussion below - Part 9.1.

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

 

Not required

See further discussion below - Part 9.1.

Safety & Security

Front doors of dwellings are visible from the street.

Yes

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

Study and living room

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 9.4.

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

Existing car space has maximum dimensions of 7.5m x 2.1m

No however no change is proposed to the car parking area.

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

N/A

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

Yes

 

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

Yes

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

No impact to solar collectors

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

No impact to north facing living room windows

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

No  reduction

Yes

 

9.3.2   Section 94A Contribution DCP

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

 

Section 94A Contributions

Category

Cost

Applicable Levy

S94A Levy

Development cost

$100,001 - $200,000

$150,000

0.5%

$750.00

 

 

 

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 Privacy

The Objective of the DCP with regards to visual and acoustic privacy is to ensure that new buildings and additions meet the occupants’ and neighbours’ requirements for visual and acoustic privacy. The Performance Requirements within the DCP include that windows and balconies of main living areas are located to avoid overlooking of similar windows in adjoining dwellings and areas of private open space. 

 

The east-facing first floor windows are to service a bedroom and two bathrooms respectively and are proposed to be constructed using clear glazing. The bedroom window (W6/7) is a highlight window and is not considered to impose any unreasonable impact on neighbouring dwellings with regard to privacy. The northern-most bathroom window (W9) is a highlight window and is not considered to impose any unreasonable impact on neighbouring dwellings with regard to privacy.

 

The southern-most bathroom window (W8) is not a highlight window and is proposed to be constructed using clear glazing (as stated within the BASIX Certificate submitted 4 May 2011). W8 has the capacity to overlook the private open spaces to adjoining rear yards and is conditioned such that the lower panel is fixed and constructed using opaque glazing.

 

It is noted that Council did not support a similar north-facing first floor balcony to the rear of the adjoining semi-detached dwelling at 40 Wride Street. The proposed balcony was deleted from plans during the assessment of DA/1108/2003 due to concerns about an unreasonable privacy impact on the adjoining dwellings to the north (see Figure 4 below).

 

Figure 4:  View from the first floor rear bedroom at 40 Wride Street.  

 

The proposed rear-facing first floor balcony for the subject dwelling has the capacity to overlook the rear yards of adjoining dwellings to the north and north-east and will be within 5.7m and 8m of these rear yards respectively. The owners of both of these residences raised objections to the perceived privacy impact in submissions received by Council.

A condition of consent is recommended that the balcony be deleted and that plans are to be amended to reflect this requirement, prior to the issue of a construction certificate. The proposed balcony cannot be supported for the following reasons:

 

·      The proposed balcony is inconsistent with the objectives and performance requirements of the Dwelling Houses and Attached Dual Occupancies DCP with regard to  visual privacy;

·      The locality is characterized by small rear yards which are in close proximity to one another. The rear yards to neighbouring properties would be substantially overlooked by the proposed balcony and existing vegetative screens to the northern and eastern property boundaries cannot be relied on to maintain privacy levels to existing rear yards and an existing pool (see Figures 8 below); and

·      The statement by the applicant, within a response to neighbours’ concerns (received by Council on 7 June 2011), is not supported, that the proposed balcony would substantially overlook the roof of the proposed shade structure to the rear of the subject site only. Rather, it is considered that the proposed balcony would substantially overlook the rear yard of the dwelling to the north (40 Wride Street) as well as the pool area of the dwelling to the north-east of the subject site (36 The Causeway) (see Figures 7 & 8 below).

 

         

Figures 5 & 6:  Existing view towards the north and north-east of the subject site, as viewed from ground floor level.

 

  

Figures 7 & 8:  Vegetative screening and views towards the subject dwelling from the dwelling to the north (40 Wride Street) and from the dwelling to the north-east of the subject site (36 The Causeway).

 

10.2    Visual Bulk, Height Form and Materials

The proposal exceeds Council’s development control for floor space ratio however the non-compliance is supported (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 (40 Wride Street).

 

10.3    Reduced setbacks

 

10.3.1 Front setback

The DCP preferred solution for front setbacks is the average of the setbacks of the adjoining dwelling houses and where there is no adjoining dwelling house, the front setback is to be a minimum of 6m. The existing 4.8m front setback for the dwelling is consistent with adjoining dwellings to the west however the proposed stairs to the front setback are proposed to reduce the front setback to 3.5m. This is considered acceptable for the following reasons:

 

·      The proposal will be in keeping with existing development in the area given that front access stairs to dwellings at ground floor level are a dominant streetscape element (see Figures 10 – 13 below);

·      The subject dwelling and those adjoining the site will retain access to natural light, daylight and fresh air; and

·      The proposal will retain existing established trees and vegetation to the site.

 

  

 

  

Figures 9 - 12:  Existing dwellings on Wride Street to the west of the subject site which include front stairs.

 

10.3.2 Side setbacks

The DCP preferred solution for side setbacks at first floor level is 1.5m whereas the application proposes an eastern side setback of 2.1m and a nil western setback to the adjoining semi-detached dwelling. This is 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.

 

10.3.3 Rear setbacks

The DCP preferred solution for rear setbacks is 4.5m whereas the proposed shade structure to the rear will be setback 0.5m from the northern property boundary. This is considered acceptable for the following reasons:

 

·      The proposed shade structure is a lightweight structure and will not result in any unreasonable impacts on neighbouring dwellings as a result of visual bulk or overshadowing;

·      The proposed shade structure will not interfere with existing vegetative screening within the rear yard of the dwelling to the north (40 Wride Street – See Figures 5 & 7 above); and

·      Neighbouring properties will retain access to sunlight, daylight and fresh air as a result of the proposed shade structure.

 

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 of the DCP – Parking 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.

 

Conclusion

 

The proposal does not comply with a relevant development standard of the RLEP 1998 (Consolidation) however a SEPP 1 Objection relating to Floor Space Ratio is recommended to be supported. The proposal complies with the objectives and performance requirements of the Dwelling Houses and Attached Dual Occupancies DCP. If approved, 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 Clauses 20F of Randwick Local Environmental Plan 1998, relating to Floor Space Ratio, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/119/2011 for alterations and additions to the existing semi detached dwelling house including a new first floor addition, at No. 42 Wride Street, Maroubra, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

Plan

Drawn by

Dated

Received

A02 (Issue A)

Edifice Design

4 May 2011

4 May 2011

A03 (Issue A)

Edifice Design

4 May 2011

4 May 2011

A04 (Issue A)

Edifice Design

4 May 2011

4 May 2011

A05 (Issue A)

Edifice Design

4 May 2011

4 May 2011

A06 (Issue A)

Edifice Design

4 May 2011

4 May 2011

 

BASIX Certificate

No.

Dated

Received

 

A111864

4 May 2011

4 May 2011

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements. Plans must be amended to reflect these requirements, prior to the issue of a construction certificate.

 

a.   A privacy screen must be constructed at the northern end of the proposed shade structure. The privacy screen shall extend along the entire length of the underside of the roof down to a height of 1.5m above the existing ground level of the subject site.

 

The privacy screen must 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.

 

b.   The proposed balcony at the rear of the first floor addition is to be deleted. The balcony may be replaced by a north-facing window which shall be constructed such that the lower panel is fixed to a height of 1.5m above floor level, and is constructed using translucent, obscured, frosted or sandblasted glazing. The upper panel to the window may be constructed such that it may be opened and may be constructed using clear glazing.

 

This condition is recommended to ensure that the proposed development does not impose any unreasonable impacts on the adjoining dwellings to the north and north-east with regard to visual privacy.

 

c.   Window no. W8 shall be constructed such that the lower panel is fixed and is constructed using translucent, obscured, frosted or sandblasted glazing. Window No. W10 shall be constructed using translucent, obscured, frosted or sandblasted glazing and shall be an awning type window.

 

3.       No approval is granted for any Home Business or Home Occupation, other than that which may be undertaken as exempt development; that is, which complies with the requirements of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

 

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

4.       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)   $600.00     -      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.

 

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

5.       Prior to the issuing of an occupation certificate the applicant must meet the full cost for Council or a Council approved contractor to replace the damaged section of footpath within the Council driveway servicing the site.

 

6.       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.

 

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

 

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

 

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

 

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

 

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

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

8.       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.

 

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

 

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

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

 

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

 

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

 

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

 

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

12.     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

13.     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 Council’s Manager Development Assessments prior to issuing a construction certificate for the development.

 

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 $150,000, the following applicable monetary levy must be paid to Council:   $750.00

       

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

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

 

Structural Adequacy

16.     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

17.     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

18.     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

19.     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

20.     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

21.     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

22.     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

23.     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

24.     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

25.     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

26.     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

27.     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

28.     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

29.     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

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

 

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·          Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Site Signage

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

 

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

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

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

 

Sediment & Erosion Control

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

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Excavations, Back-filling & Retaining Walls

34.     All excavations and backfilling associated with the proposed works must be executed safely in accordance with appropriate professional standards and excavations must be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

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

 

Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

Support of Adjoining Land

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

 

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

 

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

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

 

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.

 

36.     Prior to undertaking any demolition, excavation or building work in the following circumstances, a report must be obtained from a professional engineer which details the methods of support for the dwelling or associated structure on the adjoining land, to the satisfaction of the Principal Certifying Authority:

 

·          when undertaking excavation or building work within the zone of influence of the footings of a dwelling or associated structure that is located on the adjoining land;

·          when undertaking demolition work to a wall of a dwelling that is built to a common or shared boundary (eg. semi-detached or terrace dwelling);

·          when constructing a wall to a dwelling or associated structure that is located within 900mm of a dwelling located on the adjoining land.

 

The demolition, excavation and building work and the provision of support to the dwelling or associated structure on the adjoining land, must also be carried out in accordance with the abovementioned report, to the satisfaction of the Principal Certifying Authority.

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Inspections During Construction

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

 

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

 

Road/Asset Opening Permit

39.     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

40.     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

41.     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

42.     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

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

 

External Lighting

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

 

Protection of the Environment Operations Act 1997 – Air Conditioners

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

 

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

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                               9 August 2011

 

 

Development Application Report No. D89/11

 

 

Subject:                  5A Hooper Street, Randwick (DA/363/2011)

Folder No:                   DA/363/2011

Author:                   Matthew Choi, Environmental Planning Officer     

 

Proposal:                     Construction of new front hard stand car space and alterations to the existing front fence

Ward:                      North Ward

Applicant:                Ms K G Williamson

Owner:                         Ms K G Williamson

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


Executive Summary

 

The application is referred to Council for determination as the proposal includes a SEPP 1 Objection to landscaped area below the standard by more than 10%.

 

The application proposes the construction of a new hardstand car space at the front of the existing dwelling with alterations to the existing front fence. The semi-detached dwelling is located within a residential 2B zone and is now classified as multi-unit housing.

 

In accordance with the legal advice a semi-detached dwelling within a Residential 2B zones should be considered as multi-unit housing developments rather than as a dwelling house. Consequently, the development standards within the RLEP 1998 (consolidation) are now taken into consideration and the assessment has been undertaken under Council’s Development Control Plan for Multi-Unit Housing.

 

The proposed works results in a landscaped area of 29% and is below the minimum requirement for landscaped are of 50%. The applicant has submitted a SEPP 1 Objection to the landscaped area that has addressed the consistency of the proposed development with the underlying and stated purposes of the development standards, the local planning objectives and the locality and objectives of the Act.

 

Council’s Planning Officer requested the applicant submit a SEPP 1 Objection which was not originally submitted to Council. The applicant submitted a SEPP 1 Objection to the landscape variation stating the departure from the development standard would result in a landscape percentage of 29%.

 

The application is recommended for approval.

 

1.    The Proposal

 

The proposal is for the construction of a new front hardstand car space located in front of the building line with vehicular crossover and alterations to the front boundary fence and front verandah to accommodate the car space. The proposed works include increasing the height of the front boundary fence to 1.7 metres in height.

 

2.    The Subject Site and Surrounding Area

 

The subject site is located on the southern side of Hooper Street and is presently occupied by an existing single storey semi-detached dwelling. The site has a frontage width of 6.058 metres and a side boundary depth of 55.49 metres and has an overall site area of 338.5 metres². Neighbouring the property to the rear is an existing multi-unit development, to the east is one half of an existing semi-detached dwelling and to the west is the other half of the subject semi-detached dwelling. The subject site is located within a residential 2B zone and the locality is primarily residential in nature and contains a mixture of free standing, semi-detached and multi-unit housing developments.

 

 

3.    Site History

 

Council’s property information database records the following development application history.

 

DA/213/2006 – An application was approved on the 8 December 2006 for the alterations and ground floor rear additions including new rear deck and pergola to the semi-detached dwelling.

 

DA/213/2006/A – An application was approved to modify the development consent on the 11 November 2008 to alter the use of the lower ground floor level to bedroom and laundry including changes to the window/door openings and installation of a new highlight window to the western wall of the living room.

 

Council has approved similarly sited and dimensions car spaces located in front of the building line on a number of properties along Hooper Street. This includes immediately adjoining properties:

 

5 Hooper Street

DA/580/2008 – An application was approved on the 15 October 2003 for the alterations and additions to an existing semi-detached dwelling including the construction of a hard stand car space and carport located at the front of the building line.

 

7 Hooper Street

DA/797/2007 – An application was approved on the 2 November 2007 for the demolition of an existing front bay window and to use the existing paved area at the front of the site as a hardstand car space.

 

4.    Community Consultation

 

The application was notified to the adjoining and nearby properties from 23 May to 6 June in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. No submissions were received at the conclusion of the public consultation process.

 

5.    Technical Officers Comments

 

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

 

5.1    Development Engineering

An application has been received for the construction of a new hard stand car space and alterations to the existing front fence at the above site.

 

This report is based on the following plans and documentation:

·      Building Plans stamped by Council 18th May 2011;

·      Statement of Environmental effects stamped by Council 18th May 2011

 

General Comments

In an ordinary Council meeting on the 24th July 2007 Council passed a resolution that;

 

(a) Councillors resolve not to use call up powers for a development application on the

sole basis of a residential car parking space where the space does not comply with Australian Standard AS 2890.1 Parking Facilities or has a length of at least 5 metres, whichever is lesser; and

 

(b) Council not rely on the minimum dimension for open car spaces detailed in the

Parking and Single Dwelling DCP and assess all the current and future Development Applications against the Australian Standard or a minimum length of 5 metres, whichever is the lesser.

 

A site inspection by Council’s Development Engineer has revealed that the distance from the front of the building to the front property alignment is approximately 5.1m. This is more than the 5.0m minimum requirement specified above and therefore complies with the Council resolution.

 

The width and grade of the carspace as indicated on the submitted plans and the SEE complies with the requirements of Australian Standard 2890.1:2004.

 

Landscape Comments

There is a 3m tall Melaleuca armillaris (Bracelet Honey Myrtle) on Council’s Hooper Street verge, centrally across the width of the site, which is not significant in anyway, and despite the plans appearing to show it as being retained, this would not be possible as the eastern edge of the crossing will finish only about ½ a metre off its trunk.

 

This would not only result in root damage and the need for canopy pruning, but would also pose line of sight issues, and a such, needs to be removed at the applicant’s cost, with a replacement not possible given the power pole to its east, and the presence of other street trees and crossings.

 

The Melaleuca ericifolia (Swamp Paperbark) to its east, in front of no.7, adjacent the existing power pole, would not be affected, with conditions not required.

 

While the mature Plumeria acutifolia (Frangipani) located centrally in the front yard is the only established vegetation in this area of the site, it could not be retained as part of the works, with consent granted for its removal.

 

6.    Relevant Environmental Planning Instruments

 

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

 

·      Environmental Planning and Assessment Act 1979 as amended;

·      Randwick Local Environmental Plan 1998 (consolidation)

·      Building Code of Australia

·      Development Control Plan – Multi Unit Housing

·      Development Control Plan - Parking

 

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

 

(a)    Randwick Local Environmental Plan 1998

 

Clause 11 – Zone No. 2B (Residential B Zone)

The relevant objectives of Zone No. 2B are:

 

(b)    To maintain the desirable attributes of established residential areas, and

(c)    To protect the amenity of existing residents, and

(f)    To allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality. 

 

The proposal will not detract from the environmental qualities of the area and will improve the functionality of the subject dwelling without compromising the amenity of surrounding dwellings. The proposed hardstand car space will result in a development that will commensurate with the surrounding development. As such, the proposal is considered to satisfy the relevant zone objectives.

 

The proposal falls under the definition of “multi-unit housing” as outlined in the RLEP 1998 and is permissible within the Zone 2B.

 

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

 

Clause 20E – Landscaped Area

Clause 20E of the LEP states that a minimum of 50% of the site must be provided as landscaped area for multi-unit housing.

 

The proposed development does not comply with the Landscaped Area standard under Clause 20E(2) of the Randwick Local Environmental Plan 1998 (consolidation). A landscaped area of approximately 133.49m² is proposed which results in a landscaped area covering 29% of the site. This does not comply with the standard that landscaped area be equal to or be greater than 50% for development, other then the purpose of a dwelling house on land zoned 2B residential.

 

The proposal seeks to vary the landscaped area development standard contained with the RLEP 1998 (consolidation). Justification for the non-compliance is discussed below.

Clause 20F – Floor Space Ratios

Clause 20F of the RLEP 1998 states that a maximum floor space ratio for land zoned 2B is 0.65:1.

 

No change to the floor space ratio has been proposed. Complies.

 

Clause 20G – Building Heights

Clause 20G of the RLEP 1998 imposes a maximum overall building height of 9.5 metres for buildings on land zoned 2B. It also imposes a maximum external wall height of 7 metres for buildings on land zoned 2B.

 

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

 

7.    State Environmental Planning Policies

 

7.1      State Environmental Planning Policy no.1 – Development Standards

The proposal seeks to vary the landscaped area development standards contained within RLEP 1998 (consolidation). A SEPP 1 objection has been submitted to Council.

 

Pursuant to Clause 20E of RLEP 1998 (consolidation), the minimum landscaped are within a 2B Zone is 50%. The proposed variation is summarized in the table below:

 

 

Landscaped Area

Existing landscaped area

44% (148.94m2)

Proposal

29% (133.49m2 )

LEP development standard

Minimum 50% (169.25m2)

Variation from the LEP standard

42% less (35.76m2)

 

In assessing the applicant’s SEPP 1 objection, the principles established from the NSW Land and Environment Court case, Wehbe v Pittwater Council [2007] NSWLEC827 have been addressed. The case has established that the upholding of a SEPP1 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).

 

Landscaped area - (Clause 20E):

The stated purpose of the landscaped area 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 of landscaped area is minimal and will not affect the amenity of the area given there are numerous dwellings with similarly sized and dimensioned single car spaces located in front of the building line.

 

·      The proposed hardstand car space will only marginally reduce the amount of permeable landscaped area with the installation of grass strips between the proposed hardstand car space.

 

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

 

·          Currently the landscaped area does not comply with the preferred solution (44% of the site is landscaped area as existing). The proposal will be reducing the landscaped area on the site to 29% which does not comply with the preferred solution. Therefore, it is considered that the shortfall from existing (15.45m²) will not contribute to any negative impacts on the amenity to the neighbouring properties. Previous to Councils legal advice, the assessment would be conducted under the objectives and performance requirements for the DCP for Dwelling Houses and Attached Dual Occupancies and would continue to comply.

 

·          The private open space to the rear will remain unchanged and continue to accommodate the recreational needs of the occupants as well as the private open space. 

 

·          There is sufficient permeable treatment on the site to facilitate infiltration of stormwater for urban run-off.

 

·          The reduced landscaped area is for a car space at the front of the dwelling and will not significantly compromise the appearance of the dwelling within the streetscape.

 

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.”

 

Assessment Comments:

The variations from the landscaped area 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 2B Zone in that it will allow multi unit housing, 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”.

 

Assessment Comments:

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 and construction of a basement garage at the front of the existing dwelling.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

The most commonly invoked way is to establish that compliance with the development 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 landscaped area development standard has not been abandoned or discarded by any decision or actions of Council.

 

Fifth

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

 

Comments:

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

 

8.    SEPP (Building Sustainability Index: BASIX) 2004

 

The application is exempt from a BASIX certificate as the estimated construction cost is valued at less than $50,000.

 

9.    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.

 

11.1  Development Control Plan – Multi Unit Housing

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Fences

P1  Fences to be/have:       

§ consistent with streetscape;

§ Entrances highlighted; and

§ 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 proposal seeks to raise the existing front boundary fence to a height of 1.8 metres of solid design. The proposal does not comply with Council’s preferred solutions with fence heights at  DCP for multi-unit housing which may increase to 1.8 metres if 50% transparent.  Further, an approved development application to the adjoining semi-detached dwelling included a condition of consent that the proposed timber panel inserts on top of an existing front boundary fence be at least 50% open (DA/580/2003). Consequently to allow for a consistent appearance that respects the adjoining semi-detached dwelling a condition has been included that the proposed front boundary fence that the proposed front fence be 1.8 metres and be designed so that the upper two thirds of the fence is at least 50% open.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1 Minimum for landscaped area 2 metres.

The proposal will result in a minor shortfall from existing with a deficiency of 15.45 metres of landscaping. The variation from the development standard is considered minor and the occupants will continue to have sufficient landscaping at the rear of the subject site. 

Refer to SEPP 1 Objection: Landscaping for detailed assessment.

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.

 

1 additional car space to be provided. Complies.

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

 

The proposed car space will not result in a development that will dominate or detract from the appearance of the dwelling or the streetscape. Whilst the proposed car space occupies 50% of the width of the allotment it is not unreasonable given there are car spaces located in the front building line along Hooper Street including the adjoining semi-detached dwelling at 5 and 7A Hooper Street.

Driveways and Manoeuvring Areas

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.

The proposal involves the construction of a hardstand car space in front of the building line. The proposed side setbacks is 500mm from the western side setback and 2.7 metres from the eastern side boundary. Given the proposed hardstand car space will allow for adequate manoeuvrability and sightlines it is not expected to result in any adverse impacts to the adjoining properties.

P6 Driveway gradients safe.

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

Gradients have been checked by Council’s development engineering and considered satisfactory. Complies.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:         Excellence in urban design and development.

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

 

Conclusion

 

The proposed development complies with the relevant objectives and performance requirements of DCP for Multi Unit Housing.

 

The SEPP No. 1 Objections lodged with respect to non-compliance with the landscaped area are considered well founded. The proposal will not result in any unreasonable impacts upon the amenity of the surrounding properties. The application is therefore recommended for approval.

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standard in respect to non-compliance with Clauses 20(E) of the Randwick Local Environmental Plan 1998 (consolidation), relating to landscaped area, 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. 363/2011 for the construction of new front hard stand car space and alterations to the existing front fence at No. 5A Hooper Street, 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 labelled

Drawn by

Dated

Received

Amended Site

Unknown

19/07/2011

19 July 2011

Detailed hardstand car space ground floor plan

Unknown

04/04/2011

18 May 2011

North Elevation

Unknown

04/04/2011

18 May 2011

Section at Point

Unknown

Unknown

19 July 2011

Northern Elevation at Building Line

Unknown

Unknown

19 July 2011

 

Amendment of Plans & Documentation

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

 

The fence on the street alignment is to be a maximum height of 1.8m and be designed so that the upper two thirds of the fence (excluding any piers or posts) is at least 50% open, to maintain reasonable levels of amenity to the adjoining residential development and the streetscape.

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.       The colours, materials and finishes of the front fence are to be compatible with the existing building and adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

Compliance with the Building Code of Australia

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

 

Long Service Levy Payments

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

 

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

 

Stormwater Drainage

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

 

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

 

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

 

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

 

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

 

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

 

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

8.       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

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

10.     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

11.     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

12.     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

13.     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.

 

Sydney Water

14.     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.

 

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.

 

Site Signage

15.     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

16.     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

17.     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

18.     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.

 

19.     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

20.     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

21.     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

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

 

Road/Asset Opening Permit

23.     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.

 

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

 

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

 

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

 

25.     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.

 

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

 

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

 

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

 

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

 

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

 

Alignment Level Conditions

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

 

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

 

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

 

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

 

Service Authority Conditions

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

 

30.     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.

 

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

 

Landscape Conditions

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

 

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

 

Street Tree

33.     Due to its close proximity to the eastern edge of the proposed vehicle crossing and the resulting line of sight issues, the applicant must remove and dispose of (at their own cost) the existing Melaleuca armillaris (Bracelet Honey Myrtle) from Council’s Hooper Street nature strip, located centrally across the width of the site, during excavations, and must satisfy themselves as to the location of all site services prior to the commencement of any works on public property.

Tree Removals

34.     Approval is granted for removal of the Plumeria acutifolia (Frangipani) located centrally in the front yard in order to accommodate the proposed internal hardstand as shown.

 

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

35.     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.

 

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                               9 August 2011

 

 

Development Application Report No. D90/11

 

 

Subject:                  24 Clyde Street, Randwick (DA/431/2011)

Folder No:                   DA/431/2011

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to semi detached dwelling, SEPP 1 Objection to Floor Space Ratio

Ward:                      East Ward

Applicant:                P McLean

Owner:                         P McLean

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. A semi-detached dwelling house in the Residential 2A Zone is 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 0.71:1 and exceeds the maximum floor space ratio of 0.5:1.

 

The application is referred to Council for determination as the proposal includes a SEPP 1 Objection that exceeds the standard by more than 10%. If the proposal was assessed under the provision of the DCP – Dwelling House the preferred solution for floor space ratio would be 0.65:1

 

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

 

The application is recommended for approval.

 

1.    The Proposal

 

The application details alterations and additions to the existing dwelling to provide for a new upper level containing two bedrooms a bathroom and balconies to the front and rear of the dwelling. To the rear of the dwelling, new doors and windows are to be installed and new front entry door relocated within the existing entry alcove. The proposal will provide for 51m of additional floor area to the dwelling.

 

2.    The Subject Site and Surrounding Area

 

The subject site is on the western side of Clyde Street and has a frontage of 6.38m a depth of 35.89m and an area of 228m. The locality is residential and contains a mixture of semi detached and free standing dwellings.

 

3.    Community Consultation

 

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

 

4.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

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

 

Clause 20E Landscaped area

Development other than for the purpose of a dwelling house within a 2A zone must provide a minimum of 40% of the total site area as landscaped area. The proposal does not alter the existing levels of landscaping on the site. 

 


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 0.71:1 which exceeds the maximum in the control and a SEPP 1 Objection to this standard has been lodged by the applicant for consideration.

 

Clause 20G Building Heights

The maximum height for a building other than a dwelling house within a 2A zone is 9.5m from any point on ground level with a maximum external wall height of 7m. The proposal complies with both these controls in this standard with an overall height of 7.2m and an external wall height of 6.7m.

 

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

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

 

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

 

 

Floor space ratio

Proposal

0.71:1 (162m2 )

LEP development standard

0.5:1 (114m2)

Excess above or less than the LEP standard

42% excess (48m2)

 

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

 

Matter 1

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

 

FSR - Clause 20F

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

 

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

 

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

 

The proposed works are alterations and additions to the existing residence and the design supports the optimium use of space on a very small site.

 

The works are additions to the rear of the dwelling that are barely visible from the street.

 

The proposed additions are consistent with the adjoining neighbours and other dwellings in this immediate area and do not set an undesirable precedent in the locality.

 

The proposal does not adversely affect on the neighbours, streetscape or the environment.

 

The proposal enhances the amenity of the interiors and outdoor areas and improves the overall quality of life to the owners.

 

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

 

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

 

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

 

Matter 2

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

 

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

 

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

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

 

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

 

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

 

Matter 3

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

 

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

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

 

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

The underlying objective of the 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 standard has not been abandoned or discarded by any decision or actions of Council.

 

Fifth

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

 

Comments:

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

 

5.2      Policy Controls

 

Development Control Plan Dwellings and Attached Dual Occupancies

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Floor area

(Site area 228m2) maximum FSR 0.65:1 

0.71:1

See below

 

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

 

 

Height, Form & Materials

External wall height maximum 7m

6.7m

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.

Up to northern side and 1160mm from southern side boundaries

See below

 

The northern side boundary setback of the dwelling up to the side boundary maintains the party wall and fire separation between the two semi detached dwellings and will not result in any impacts to the amenity of that adjoining dwelling. In relation to the southern side boundary setback this maintains the existing side boundary setback of the ground level and the actual setback to the neighbouring property is in excess of 3.295m because of the separation provided by the open pathway between those dwellings, which exceeds a possible 3m preferred solution separation between two, two storey dwellings.

 

 

Privacy

The proposal will not result in any significant impact to the existing level of privacy to the adjoining dwellings as the upper level rooms are bedrooms and a bathroom and both balconies include screening to prevent direct overlooking into the adjoining properties and private living areas.

 

 

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

n/a

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

No reduction

Yes

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

N/A living areas face to the west and east

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 maintain minimum 3 hours sunlight during the nominated period.

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

Slightly reduced

Yes

6.      Randwick Section 94A Development Contributions Plan

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost less than $200000

$110 000

0.5%

$ 550.00

 

7.    Environmental Assessment

 

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Conclusion

 

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

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20F of Randwick Local Environmental Plan 1998, relating to floor space ratio on the grounds that the proposed development complies with the objectives of the above 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. 431/2011 for alterations an additions to the existing dwelling at 24 Clyde Street, Randwick subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

 

 

Plan

Drawn by

Dated

Received

Job 143 Drawing Numbers 01-05

Beata Mancuska Architect

April 2011

9 June 2011

 

BASIX Certificate

No.

Dated

Received

 

A114663

8 June 2011

9 June 2011

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

3.       The colours, materials and finishes of the external surfaces are to be 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.

 

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 $ 110 000, the following applicable monetary levy must be paid to Council:   $ 550.00.

       

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

 

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

 

Compliance with the Building Code of Australia

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

 

 

Structural Adequacy

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

 

BASIX Requirements

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

 

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

 

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

 

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.

 

10.     The chimney flue is to extend no less than 600mm above the ridgeline to comply with the relevant AS/NZS 2918.2001, Domestic Solid Fuel Burning.

 

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 Site Management Plan

14.     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.

 

Sydney Water

15.     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.

 

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

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

 

·          Occupational Health & Safety Act 2000 & Regulations

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

·          WorkCover NSW Guidelines and Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECCW/EPA Guidelines

·          Randwick City Council Asbestos Policy

 

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

 

Site Signage

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

 

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

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

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

 

Public Safety & Site Management

18.     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.

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

 

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

 

Inspections During Construction

20.     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

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

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The 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

22.     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

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

 

24.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

26.     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.

 

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

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                               9 August 2011

 

 

Development Application Report No. D91/11

 

 

Subject:                  223A Carrington Road, Coogee - Alternative 48A Dolphin Street, Coogee (DA/458/2011)

Folder No:                   DA/458/2011

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to existing semi detached dwelling (SEPP 1 Objection to Landscaping and Floor Space Ratio)

Ward:                      East Ward

Applicant:                Saki Architecture

Owner:                         S & B Naylor

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

The application details alterations and additions to an existing semi detached dwelling to provide for additional floor area primarily within the lower ground level.

 

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 0.75:1 and exceeds the maximum floor space ratio of 0.65:1. The area of landscaping to the site is increased from the existing however will be 43% of the site area which is less than the minimum of 50% in the LEP control.

 

The application is referred to Council for determination as the proposal includes SEPP 1 Objections that exceeds the standard by more than 10%. If the proposal was assessed under the provision of the DCP – Dwelling House the preferred solution for floor space ratio would be 0.65:1

 

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

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details alterations and additions to the existing dwelling including the conversion of the existing lower ground area which includes a carport into additional habitable floor area and internal renovation to the existing ground level including new balconies off the front and rear of the dwelling. At the rear yard level a new in ground swimming pool is to be installed and timber deck off the new lower ground living area. A new garage door is to be installed within the existing garage which fronts Dolphin Street and some existing windows to the dwelling either replaced or enclosed. The proposal will provide for 63m of additional habitable floor area to the dwelling.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the eastern side of Carrington Road on the corner of Dolphin Street and has a frontage of 7.15m a depth of 30.44m and an area of 222m. The locality is residential and contains a mixture of semi detached and free standing dwellings.

 

4.    Community Consultation

 

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

 

5.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

The site is zoned 2B 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 building other than a dwelling house within a 2B zone must provide a minimum of 50% of the total site area as landscaped area. The proposal increases the area of current landscaping, however the revised landscaping remains less than the LEP standard and a SEPP 1 Objection has been lodged by the applicant for consideration. 

 

Clause 20F Floor Space Ratios

The maximum floor space ratios for buildings other than buildings erected for the purpose of a dwelling house within 2B zones is 0.65:1. This proposal has a total floor space ratio of 0.75:1 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 2B zone is 9.5m from any point on ground level with a maximum external wall height of 7m. The proposal complies with both these controls in this standard with an overall height and an external wall height of 6.4m.

 

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

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

 

Pursuant to Clauses 20E of RLEP 1998, for development other than for a dwelling house within a 2B Zone the minimum area of landscaping is 50% of the total site area. The proposed variation is summarized in the table below:

 

 

Landscaping

Proposal

43% (95m2 )

LEP development standard

50% (111m2)

Excess above or less than the LEP standard

15% shortfall (16m2)

 

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).

 

Landscaped area Clause 20E

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

 

“To operate together with controls for floor space ratio and building height 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 existing landscaped area without the additional proposed works is deemed under the required 50% as stipulated in Clause 20E. The existing landscape area is currently 42%.

 

The proposed design and application will not increase the building footprint therefore, nor impact on the existing landscaped area.

 

The existing landscaped area will be increased as the proposal aims to demolish and remove external stairs. A new pool terrace area will take it’s place, therefore increasing the existing landscape to approximately 43%.

 

Although there will be an increase in the new landscaped area however is will be deemed as a breach as it will still be below the required 50% of the site area.

 

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

 

Primarily the existing area of landscaping to the site is being increased.

 

The revised layout of the rear portion of the dwelling and the adjoining rear yard area will improve the amenity of the occupants by formalising an existing yard area that is poorly formed.

 

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

 

Matter 2

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

 

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

 

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

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

 

The variation from landscape 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 2B Zone in that it will allow multi unit 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 landscape development standards have not been abandoned or discarded by any decision or actions of Council.

 

Fifth

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

 

Comments:

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

 

Pursuant to Clauses 20F of RLEP 1998, the maximum FSR within 2B Zones is 0.65:1 respectively. The proposed variation is summarized in the table below:

 

 

Floor space ratio

Proposal

0.75:1 (168m2 )

LEP development standard

0.65:1 (144m2)

Excess above or less than the LEP standard

17% excess (24m2)

 

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

 

Matter 1

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

 

FSR - Clause 20F

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

 

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

 

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

 

The existing floor space ratio without the additional proposed works is deemed over the allowable 0.65:1 as stipulated in Clause 20F.

 

The proposed design and increase in floor area will not increase the footprint of the existing dwelling.

 

The new floor areas are existing balcony and carport areas which are within the existing building envelope.

 

The carport area being attached and roofed will consequently remain unchanged in the new design. It can be stated that the proposed new design of the ‘carport’ space is basically a change of use of a existing room volume. The change of use will be considered as a floor space ratio addition.

 

The impact of the proposed increase in the floor space ratio will not adversely affect the light, privacy, bulk and height of the existing dwelling or the adjacent sites.

 

Existing privacy impact to the adjacent dwelling will be decreased as direct result of the increase in the floor area. This is due to the closing and conversion of a living room balcony terrace into a enclosed private bedroom.

 

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 the proposal does not result in any significant increase in the bulk and scale of the existing building and will remain in keeping with the adjoining semi detached dwelling which is of a similar bulk and scale. Therefore it cannot be argued that this development will be substantially out of keeping with the established character of the locality.

 

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

 

Matter 2

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

 

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

 

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

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

 

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

 

The proposal is also consistent with the relevant objectives of Residential 2B 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 zo