Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 20 September 2011

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                            20 September 2011

 

 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 20 September 2011 at 6:00pm.

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 23 August 2011

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minutes

MM67/11   Wylies Baths - Council Contribution to Geotechnical Risk Assessment  

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

Urgent Business

Director City Planning Reports (record of voting required)

 

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

 

CP87/11    60 Avoca Street, Randwick (DA/186/2011/A)

CP88/11    523 Bunnerong Road, Matraville (DA/136/2011)

CP89/11    11/98 Mount Street, Coogee (DA/542/2011)

CP90/11    281 Clovelly Road, Clovelly (DA/413/2011)

CP91/11    19 Courland Street, Randwick (DA/133/2011)

CP92/11    JRPP - 330 Anzac Parade, Kensington - UNSW (DA/494/2011)

CP93/11    JRPP - 1408 Anzac Parade, Little Bay (Lots 3 & 4) (DA/495/2011)

CP94/11    JRPP - 1408 Anzac Parade, Little Bay (Lot 5) (DA/496/2011)

CP95/11    Reporting variation to Development Standard under State Environment Planning Policy No. 1 (SEPP 1) for the month of August 2011

 

Director City Planning Reports (record of voting NOT required)

CP96/11    Cultural Community Grant Program September 2011 Round - Recommended Allocations

 

General Manager's Reports

GM26/11    Delegations of Authority

GM27/11    Equal employment opportunity policy and plan 2011 -12

GM28/11    Staff Performance Reviews 2011

 

Director City Services Reports

Nil

 

Director Governance & Financial Services Reports

GF42/11    Presentation of the 2010-11 Financial Statements

GF43/11    Public Interests Disclosures Act - Internal Reporting Policy and Procedures

GF44/11    Lease to The Shack Youth Services - Suite 3, Ground Floor, Bowen Library, 669-677 Anzac Parade, Maroubra

GF45/11    Division of Local Government's Guidelines for the Appointment and Oversight of General Managers

GF46/11    Investment Performance Update

GF47/11    Investment Policy

GF48/11    Investment Report - August 2011

GF49/11    2 Coast Hospital Road, Little Bay - Prince Henry Centre - Lease & Operation of Cafe  

 

Petitions

 

Motion Pursuant to Notice

NM27/11    Motion Pursuant to Notice from Cr Nash  - Review of the Environmental Planning & Assessment Act 1979

NM28/11    Motion Pursuant to Notice from Cr Notley-Smith - Reviewing the "call up" procedure for Development Applications  

 

Closed Session

GF50/11    SSROC Tender for the Supply and Delivery of Ready Mix Concrete

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

  

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Ordinary Council                                                                                            20 September 2011

 

 

Mayoral Minute No. MM67/11

 

 

Subject:                  Wylies Baths - Council Contribution to Geotechnical Risk Assessment

Folder No:                   F2010/00422

Author:                   Councillor Matson, Mayor     

 

Introduction

 

Council has been working with the Wylies Baths Trust to ensure that an appropriate level of maintenance is programmed and undertaken in preparation with the future handover of the facility back to Council.

 

Randwick City Council prepared an Asset Management Plan and Due Diligence Report in 2010.  An outcome of these reports was to conduct a structural review of the decking and support structure.  This review identified that structural issues did exist that require further design and a number of potential risks were identified associated with the ground on which the structure is founded.  These geotechnical risks require further investigation and clarification to allow the design to be completed.

 

Issues

 

The Wylies Bath Trust have requested that Council pay the amount estimated to conduct the Geotechnical Risk Assessment and the design of the resultant structural solutions.  This work is estimated at $10,000.

 

The Wylies Baths Trust is currently responsible for the management of the facility including any maintenance and upgrades.  The Geotechnical Risk Assessment and structural report is required to ensure that the facility remains safe to use.

 

On the basis that the facility will be transferred to Council in 2018, it is recommended that Council contribute $5,000 towards these studies.

 

Financial impact statement

 

The financial impact of this matter is $5,000 and it is suggested that the contribution be funded from the 2011-12 Contingency Fund.

 

Conclusion

 

The geotechnical investigation and structural design studies are required to ensure that the facility remains safe for use.  The Wylies Baths Trust has requested that Council contribute to the cost of these studies.  It is recommended that Council contribute $5,000 towards the cost of the studies.

 

 

Recommendation

 

That Council contribute $5,000 towards the geotechnical investigation and structural design for Wylies Baths from the 2011-12 Contingency Fund.

 

 

Attachment/s:

 

Nil  


Ordinary Council                                                                                            20 September 2011

 

 

Director City Planning Report No. CP87/11

 

 

Subject:                  60 Avoca Street, Randwick (DA/186/2011/A)

Folder No:                   DA/186/2011/A

Author:                   Adrian McKeown, Environmental Planning Assessment Officer     

 

Proposal:                     Section 96 modification to increase the footprint of the ground floor level of the dwelling fronting Hodgson Street, internal reconfiguration, relocation of the approved courtyard & carport, minor addition to the first floor level & changes to the window and door openings on all elevations

Ward:                      North Ward

Applicant:                John Spiteri

Owner:                         Warren Scott

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application is referred to the Council for determination as the original application was approved by Council’s Planning Committee on 10 May 2011. The original proposal exceeded the floor space ratio development standard under Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation) by more than 10%.

 

The original proposal was for the demolition of an existing single storey dwelling to the western end of the site and the construction of a new two storey detached dwelling in its place. The proposed two storey dwelling included a skillion roof and a single carport accessed from Hodgson Street. Strata subdivision was also proposed for the subject site.

 

The current proposal is to increase the footprint of the ground floor level of the dwelling, make changes to the internal configuration, relocate an approved courtyard & carport, make minor additions to the first floor level & changes to the window and door openings on all elevations.

 

No submissions were received regarding the application. The application is recommended for approval.

 

2.    The Proposal

 

The proposal involves the following changes to the approved plans:

 

·      The ground floor level of the approved dwelling is to be increased by approximately 6m2, and the northern wall will be extended towards the rear boundary;

·      Changes are proposed to the internal configuration of the approved dwelling including an enlargement to the kitchen, relocation of internal stairs and a laundry at ground floor level and the inclusion of an additional ensuite bathroom at first floor addition;

·      The approved courtyard & carport are to be relocated; and

·      Changes are proposed to the approved window and door openings on all elevations.

 

3.    The Subject Site and Surrounding Area

 

The subject site has two frontages. A two storey terrace dwelling faces Avoca Street whereas the single storey dwelling which is proposed to be demolished has a frontage to Hodgson Street.  The streetscape to Hodgson Street consists primarily of single storey terraced dwellings with some two storey dwellings at the western end. Three storey multi-unit dwellings are located to the south of the site as well as a vegetated reserve.

 

4.    Site History

 

Relevant Pathways history:

 

·      BA/650/1995 – Approved for alterations and additions to the dwelling;

·      BA/481/1981 – Approved for alterations and additions;

·      SC/87/1974 – Approved for the re-subdivision of 3 lots into 2;

·      DA/5432/1967 – Approved to use the existing 2 storey building as a boarding house;

·      DA/33/1967 – Approved to use the premises as a residence; and

·      DA/2239/1963 – Approved for a boarding house.

 

 

5.    Section 96 Assessment

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria has been complied with:-

 

5.1             Substantially the Same Development:

The proposal does not involve any significant changes to the approved built form and involves a minor increase to the floor space and a minor decrease to the approved landscaped area provision on site. Therefore, the modified development is considered to be substantially the same development as that for which the consent was originally granted.

 

5.2      Community Consultation

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  No submissions were received regarding the application. 

 

6.    Technical Officers Comments

 

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

 

6.1      Development Engineers

 

General Comments

Of interest to Development Engineering is the proposal to shift the carspace and carport for the new dwelling further eastwards towards Avoca Street with resulting amendments also required to the strata plan.

 

Other proposed modifications mainly relate to changes in the internal configuration of the new dwelling and are not of concern to Development Engineering.

 

Tree & Landscape Comments

Condition 28 of the development consent, Street Tree Removal, gave permission for the applicant to remove the existing Tristaniopsis laurina (Watergum), on Council’s Hodgson Street footpath, to the west of the power pole, adjacent the southeast corner of the existing garage, during excavations for the vehicle crossing that was shown for this same area of the site, with condition 29 requiring that a $450 loss of amenity fee be paid, which would be used towards other public tree plantings in the area.

 

Further, condition 31, Protection of street trees, detailed how the remaining trees along this frontage were to be retained in the streetscape as part of the works, being a Robinia pseudoacacia ‘Frisia’ (Golden Robinia), just beyond the western site boundary, and a Tristaniopsis laurina (Watergum), just east of the power pole.

 

These amended plans now show the crossing being relocated further to the east, between the most western Watergum (that was to be removed) and the power pole, with its western edge to finish a distance of about 900mm off its trunk, which will now allow retention of this tree, and as such, is supported by Council.   

 

7.    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.

 

8.    Relevant Environmental Planning Instruments

 

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

 

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

The original application sought to vary a development standard contained within RLEP 1998 (Consolidation) and a SEPP 1 objection was supported by Council. The current proposal involves a marginal decrease in landscape area and a commensurate marginal increase in the floor space ratio for the property. Despite the proposed amendments, a new SEPP 1 objection to the development standard is not required, as SEPP 1 does not apply to S96 applications.

 

8.2      Randwick Local Environmental Plan 1998 (Consolidation).

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

 

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

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

 

·      provide for a medium density residential environment,

·      maintain the desirable attributes of established residential areas,

·      protect the amenity of existing residents, and

·      encourage housing affordability.

 

Clause 20E   Landscaped area

Development, otherwise than for the purpose of a dwelling house, within Zone No 2C must provide a minimum of 50% of the total site area as landscaped area. The approved landscaped area is proposed to be reduced from 52.5% to 51% and the proposal is compliant with the clause.

 

Clause 20F   Floor space ratio

The maximum floor space ratios for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No 2C is 0.65:1 where the site area is less than 700 square metres whereas the maximum floor space ratio is proposed to be increased from 0.73:1 to 0.74:1 (an additional 6m2).  The proposal does not comply with the development standard however the applicant is not required to submit an amended SEPP 1 Objection with the development application (see further discussion above – Part 8.1).

 

Clause 20G   Building heights

The maximum height for a building, other than a dwelling house, within Zone No 2C is 12 metres measured vertically from any point on ground level. The approved maximum building height for the new dwelling is 7m and the current proposal will not increase this measure.

 

Clause 43 – Heritage conservation

There are three Heritage Items located on the opposite side of Frenchmans Road and Cowper Street, all within 30m of the subject site. St Judes Heritage Conservation Area is also located within 30m of the subject site to the south.

The previously approved development was considered to be consistent with the objective of Clause 43 of the RLEP. The current proposal to alter the size, proportion and position of the openings for windows or doors are in keeping with Council policies. Further, the proposed colours, textures, style, size and types of finish of the materials to be used on the exterior of the building are considered to be acceptable given they are similar to existing development in the locality, and to be sufficiently separated from the nearby heritage items to ensure no negative impact should result from the proposed development.

 

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

SEPP: BASIX requirements came into force for all new dwellings, dual occupancies and some transient residential accommodation where development applications were lodged on or after 1 July 2004. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

 

Clause 55A of the EP & A Regulation requires that a new BASIX certificate be lodged for amended plans or where a section 96 modification makes a material change to the BASIX commitments as originally approved.

 

The applicant has submitted a new BASIX certificate. The plans have been checked with regard to this new certificate and they are consistent with the requirements indicated for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP:BASIX were included in the original determination.

 

8.4      Draft Environmental Planning Instruments

 

Draft Randwick Local Environmental Plan 2007

The application is not inconsistent with proposed amendments to the Randwick Local Environmental Plan (LEP) 1998 (Consolidation) for definitions relating to ‘dwelling house’, ‘attached dual occupancy’ and ‘multi-unit housing’.

 

8.5 Policy Controls

Multi-Unit Housing Development Control Plan

Building Setbacks

Rear boundary setbacks in Zone 2C areas are required to maintain a minimum average setback (measured for the length of the building along that boundary) of 8 metres from the rear boundary. Although non-compliant with the requirements for rear setbacks, the current proposal will result in a dwelling which is integrated visually with Hodgson Street and with nearby developments. Consequently, the proposal is considered to be consistent with the objectives and performance requirements of the DCP with regard to  rear setbacks.

 

Site Planning

The proposed development, which is on a corner site is considered to provide a positive response to the prominent position and addresses and integrates with the street frontage.

 

Density

The proposed increased building bulk is considered to be compatible with surrounding built forms and should not impose any unreasonable impact on nearby buildings, open spaces and the streetscape, with regard to visual bulk and scale.

 

Height 

There is no proposal to increase the approved maximum building height.

 


Landscaping & Open Space 

The proposed development will be constructed substantially within the building footprint of an existing dwelling and will not further unreasonably reduce the approved landscaped area or interfere with existing stormwater management on the site.

 

Privacy

The proposed window changes will result in any additional unreasonable privacy impact on neighbouring dwellings with regard to privacy.

 

View sharing

The proposal should not impede any existing views across the site from those adjacent to the site. 

 

Solar Access & Energy Efficiency   

The proposed development is on the southern boundary of the site and will not result in any unreasonable impact on neighbouring dwellings with regard to overshadowing of private open spaces, north-facing living areas or potential solar collection areas.

 

Development Control Plan – Parking

The approved development was considered to be consistent with the objectives and performance requirements of the DCP with regard to the provision of off-street parking spaces. The current application does not seek to delete or further reduce the approved off-street parking provision on the site.

 

8.6 Council Policies

No Council policies are relevant to the proposal.

 

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      Privacy

As discussed above, the amended development is not considered to result in any additional unreasonable impacts on neighbouring properties to the north and west with regard to privacy. 

 

9.2      Reduced Landscape Area

As discussed above, the amended development is considered to be consistent with the objectives and performance requirements of the  RLEP with regard to the provision of landscaped area on the site. 

 

9.3      Perceived bulk and scale

It is considered that the amended development will not unreasonably affect neighbouring dwellings or the streetscape with regard to perceived bulk and scale.

 

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 complies generally with the objectives and performance requirements of the RLEP 1998 (Consolidation) and with the Multi-Unit Housing DCP and the Parking DCPs. If approved, the proposed development will not result in any unreasonable adverse impacts upon the amenity of the adjoining premises and the character of the locality.

 

Recommendation

 

That Council, as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/186/2011 for permission to increase the footprint of the ground floor level of the dwelling, internal reconfiguration, relocation of the approved courtyard & carport, minor addition to the first floor level & changes to the window and door openings on all elevations for 60 Avoca Street, Randwick in the following manner:

 

A.         Amend Condition 1 to read:

The development must be implemented substantially in accordance with the plans and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

Plan

Drawn by

Dated

Received

A-01

John Spiteri Design and Drafting

9 March 2011

18 March 2011

A-02

John Spiteri Design and Drafting

16 March 2011

18 March 2011

A-03

John Spiteri Design and Drafting

16 March 2011

18 March 2011

A-04

John Spiteri Design and Drafting

16 March 2011

18 March 2011

Concept Strata Subdivision Plan

Anonymous

Undated

18 March 2011

 

BASIX Certificate

No.

Dated

Received

 

364985S

10 March 2011

18 March 2011

 

as amended by the following Section 96’A’ plans and documents, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

Plan

Drawn by

Dated

Received

A-01 (Revision A)

John Spiteri Design and Drafting

7 July 2011

14 July 2011

A-02 (Revision A)

John Spiteri Design and Drafting

7 July 2011

14 July 2011

A-03 (Revision A)

John Spiteri Design and Drafting

7 July 2011

14 July 2011

A-04 (Revision A)

John Spiteri Design and Drafting

7 July 2011

14 July 2011

Concept Strata Subdivision Plan

Anonymous

Undated

14 July 2011

 

BASIX Certificate

No.

Dated

Received

 

364985S_02

11 July 2011

14 July 2011

 

B.         Delete ConditionsNos.  28 and 29.

 

C.         Amend Condition 31 to read as follows:

31.     In order to ensure retention of the three trees within Council’s Hodgson Street footpath, being from west to east, a Robinia pseudoacacia ‘Frisia’ (Golden Robinia), just beyond the western site boundary, a Tristaniopsis laurina (Watergum), adjacent the southeast corner of the existing garage, just west of the proposed vehicle crossing, and then another Tristaniopsis laurina (Watergum) just east of the power pole in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show the retention of these street trees, with the position and diameter of their trunks and canopies to be clearly and accurately shown.

 

b.       The western edge of the proposed vehicle crossing must be setback a minimum distance of 800mm to the east of the most western Watergum, measured off the outside edge of its trunk at ground level.

 

c.       The applicant is not authorised to perform any works to these street trees, and shall contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar such work appear necessary, with the applicant required to cover all costs associated with such works, to Council’s satisfaction, prior to the issue of a Final Occupation Certificate.

 

d.       There is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble on the footpath, within 2 metres of their trunks, with all Site Management Plans needing to acknowledge these requirements.

 

e.       A refundable deposit in the form of cash, credit card or cheque for an amount of $500.00 shall also be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of these street trees.

 

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

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

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

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                            20 September 2011

 

 

Director City Planning Report No. CP88/11

 

 

Subject:                  523 Bunnerong Road, Matraville (DA/136/2011)

Folder No:                   DA/136/2011

Author:                   Alex Van Son, Senior Environmental Planner     

 

Proposal:                     Construction of a new part 3/part 5 storey mixed use development comprising two retail tenancies fronting Bunnerong Road at ground floor level, 11 residential units, and two levels of parking, including one basement level, with provisions for 21 cars and bicycle storage

Ward:                      South Ward

Applicant:                GJW Consultancy

Owner:                         Matraville RSL Club

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


Executive Summary

 

The application is referred to Council as the proposed development is valued at approximately $4.95 million and the proposed building height exceeds the RLEP development standard by 10%. The excess building height (measured from ground level to the ceiling) is limited to those parts of the building where the ceiling extends to the roofline/skylights over the stairwell; the overall height and form of the building complies with the relevant built form controls. 

 

The proposal seeks consent for the construction of a new part 3/part 5 storey mixed use development comprising two retail tenancies fronting Bunnerong Road at ground floor level, 11 residential units, and two levels of parking, including one basement level, with provisions for 21 cars and bicycle storage.

 

The proposal as been before the SEPP 65 Design Review Panel (DRP) on three separate occasions. The applicant has provided amended plans to Council in response to the DRP’s concerns and has responded to suggestions made by the Panel.

 

The proposed development is permissible with consent of Council. A SEPP 1 objection has been submitted by the applicant to address non-compliance with the building height development standard in the RLEP and is considered to be well founded.

 

The proposal generally complies with the relevant objectives and performance criteria of the DCP – Matraville Town centre. Variations, as outlined in this report, have been assessed and are considered minor; the amended proposal still achieves the relevant objectives of the controls.

 

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

 

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

 

1.    The Proposal

 

The proposal seeks consent for a part 3, part 5 level mixed use development comprising two retail tenancies fronting Bunnerong Road at ground floor level, 11 residential units, and two levels of parking, including one basement level, with provisions for 21 cars and bicycle storage. The distribution of uses internally is as follows:

 

Basement:         15 car parks, bicycle storage, storage units and lift.

Ground Floor:     Two retail units fronting Bunnerong Road; entry foyer/ pedestrian access off Bunnerong Road; rear lobby/pedestrian access off Norfolk Lane; six car parks; garbage room and vehicle access way off Norfolk Lane.

Level 1:            2x two bedroom units; 2x one bedroom units; central courtyard.

Level 2:            2x two bedroom units; 2x one bedroom units.

Level 3:            2x two bedroom unit.

Level 4:            1x three bedroom unit.

2.    The Subject Site and Surrounding Area

 

The subject site (Lot 1854 DP 752015) is located in the Matraville Town Centre on the eastern side of Bunnerong Road. The site is irregular in shape and is 740.3sqm in area with the following characteristics:

 

Boundary

Adjoining

Length.

Front

Western

Bunnerong Road road reserve.

15.21m

Side

Northern

Commercial premises, No. 521 Bunnerong Road.

37.93m

Side

Southern

Commercial premises, No. 525 Bunnerong Road.

36.57m

Rear

Eastern

Norfolk Lane road reserve

17.65m

 

Currently there are two storage sheds located on the subject site. An easement for sewerage and associated access is located adjacent to the northern boundary of the site off Norfolk Lane and is shown on the survey plan.

 

The area immediately surrounding the site is known as the Matraville Town Centre, which follows the alignment of Bunnerong Road between Harold Street to the south and Beauchamp Road to the north. The majority of this area is falls under Local Business zoning. The wider area is characterised by low density residential development.

 

Existing commercial premises are located adjacent to the site: a veterinary clinic is located at No. 525 Bunnerong Road to the south and, although it appears currently disused, the last approved development application for No. 521 Bunnerong Road, to the north, relates to the operation of a children’s party hire shop.

 

2.1      Stormwater Catchment

The subject site within the down stream catchment of a (approx.) 3.37Ha stormwater catchment, which is generally formed by Daunt Ave in the north and Paterson Street to the east (see below).

 

A Flood Study has been supplied by the applicant at Council’s request to support the application. The study states that the capacity of existing stormwater infrastructure servicing this catchment is “severely limited” by the number of stormwater pits to collect stormwater and, as a result, a significant amount of overflow is often redirected down Norfolk Lane.

 

It was calculated that the flood flows reached the following levels in proximity to No. 523 Bunnerong Road:

 

·      Norfolk Lane (rear) boundary, northern end: RL 17.02

·      Norfolk Lane (rear) boundary, southern end: RL 16.47

Figure 1: Subject site and stormwater catchment area.

 

3.    Relevant History

 

3.1      Application History

A pre-lodgement application (PL/65/2009) was lodged on 26th of October for the proposed development on the subject site. The application was referred to the Design Review Panel for comments and various opportunities for improvement were identified, particularly in relation to building form, aesthetics and apartment amenity/layout.

 

The subject development application was lodged on 3 March 2011 and has been before the Design Review Panel twice: initially on 4 April and most recently on 6 June.  During this period various amendments were made to the proposal to satisfy the provisions of SEPP65, discussed in further detail under the SEPP65 assessment section.

 

A final set of amended plans were submitted to Council by the applicant on 4 July 2011.

 

3.2      Site History

Council records show that three development applications have been approved in relation to the site, as detailed below:

 

DA/310/1995             Change of use to public car parking area

DA/624/1999                  Erect two double metal garages for storage of the Matraville RSL Clubs bus and trailers.

DA/530/2003                  The erection of a demountable building to be used as a private letter box building

 

4.    State Environmental Planning Policy 1 (Development Standards).

 

4.1    SEPP 1 Objection: 42DA Matraville Town Centre, 4(b) Maximum height of development.

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

 

Pursuant to Clauses 42DA, 4(b) of the RLEP 1998, the maximum building height within the Matraville Town Centre for a five storey building is 15.7m as defined by the Matraville Town Centre DCP.

 

It is noted that, for the purposes of this clause, building height is to be calculated as the height measured vertically from ground level to the underside of the ceiling of the topmost floor. The proposed variation is summarized in the table below:

 

 

20G 2) Building Height

Existing

N/A

Proposed

17.6m

LEP development standard

15.7m

Excess above or less than the LEP standard

1.9m 0r 12.1%

 

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

 

Matter 1

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

 

The relevant objectives of Clause 42DA, relevant to the height requirements are as follows:

·      To achieve high quality design in all new development

·      To encourage a variety of housing that complements development within the town centre and does not impact adversely upon the amenity of surrounding residential areas

·      To improve the overall environmental quality of the Matraville Town Centre

 

 

 

 

The objective of the building height control in the RLEP is stated as being:

 

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

 

The objective of the building heights control as stated in the Matraville Town Centre DCP are:

 

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

·      To achieve 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.

 

As such, the appropriate test in relation to Matter 1 is to establish whether the proposed building height results in development that is consistent with the relevant objectives as outlined above. The Applicant has provided the following argument in respect of Matter 1 considerations:

·      The proposed non compliance is 1.90 metres which represents a minor 12.0% over the control

 

·      This non-compliance only occurs at the south west corner of the development

 

·      The proposed development complies with the number of storeys requirement

 

·      This height variation and its location would make it not very noticeable to the naked eye

 

·      The proposed development does not create any material adverse amenity impacts in terms of overshadowing, privacy, views or daylight

 

·      The proposal achieves a high degree of design quality and this has been also agreed by the Randwick Design Review Panel

 

·      The proposed development contains one, two and three bed dwellings above the ground level and in accord with the Matraville Town Centre DCP

 

·      The external appearance and the proposed uses will aid in the improvement of the environmental quality of the Town Centre

 

·      The height and floor space controls together help to create the appropriate size, scale and footprint of the proposed building and this development complies with the floor space ratio and the number of storeys allowed  

 

·      The proposal does allow for residential accommodation but it is located above the ground floor to minimise any direct interference with the business function of the centre and the overall development will provide additional economic benefits to the Town Centre

 

·      The proposed development both protects as well as promotes and enhances the Matraville Town Centre and therefore the overall city of Randwick

 

·      The proposed additional housing within the development provides for a mix of apartment types as well as more affordable housing in close proximity to services, amenities and facilities which are not provided in all of the surrounding residential areas of the city of Randwick  

·      The proposed development provides for an appropriate scale between it and its neighbours as well as the width of Bunnerong Road 

 

·      The proposed development is not close to residential development to the east due to the existing club building at the rear across the laneway

 

·      The proposed development provides for an appropriate street edge height, similar to other newer developments in the Town Centre and in accord with the required scale of development in the DCP

 

·      The proposed development has reasonable floor to ceiling heights that are in accord with an issue raised by the Randwick Design Review Panel

 

·      The proposed development provides a very good and appropriate building height transition between the scale proposed at Bunnerong Road and that at the rear, to the east, where a large bulky club building is located            

 

The justifications for the SEPP 1 objection provided by the applicant are considered to be well founded and compliance with the standard is unreasonable and unnecessary in this instance. The maximum building height in the RLEP is defined as the height from ground level to the ceiling of the top-most floor. The excess building height is limited to those parts of the building where the ceiling extends to the roofline/skylights over the stairwell. This feature of the proposed design improves the environmental performance of the building by increasing solar access. The overall height and form of the building complies with the relevant built form controls. 

 

Matter 2

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

 

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

 

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

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

 

The variation from the building height standard is not inconsistent with the aims of SEPP 1 as they would not detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the 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 Matraville Town Centre and 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 does 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 there is no public benefit in maintaining the development control.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

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

 

Fifth

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

 

Comments:

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

 

 

5.    Community Consultation

 

The original proposal was advertised and notified from 13th of March 2001 to the 30th of March 2011. One submission were received in response to the notification and advertising of the DA.

 

The amended proposal was not considered necessary to be notified and advertised as the amendments primarily improve the overall development by reducing height, bulk and scale as well as the number of units. Furthermore, no new openings or balconies are proposed under the amended proposal that would impinge upon the amenity of adjoining properties.

 

2/551 Bunnerong Road

·      Increased traffic and noise impacts associated with construction works

·      Increased traffic and noise impacts associated with residents vehicles

 

Noise impacts in relation to increased traffic movements associated with construction are considered to be adequately addressed by way of consent conditions. Council restricts the hours during which construction works may be carried out and restricts noise levels emanating from construction works to 5dB (A).

 

Ongoing noise impacts associated with the vehicle movements of future residents are not expected to generate significant adverse impacts in relation to noise that are likely to be excessive in the context of the site and desired future character of the area. The proposal represents development which is of a scale and intensity that is anticipated by both the RLEP and the Matraville Town Centre DCP, and vehicle access has been provided in accordance with the objectives: to access sites within the town centre via driveways from side streets and rear lanes.

 

6.    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:-

 

6.1      Building Services Comments

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

 

6.2      Development Engineers Comments

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

 

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.

 

Flood Impact Comments

A report by EWFW P/L was submitted to Council assessing the depth of overland flow in Norfolk Lane which is located at the rear of the site. Council’s Development Engineers have reviewed the submission and agree with the conclusion that the depth of flow is just above the Council’s kerb level in Norfolk Lane and that the internal driveway and any other openings along the Norfolk lane frontage be designed with a minimum high point of 300mm above the council kerb level opposite the opening. 

 

Parking Comments

Parking provision:

The proposed development consists of a mixed use development of two commercial premises & 11 residential units consisting of 4 x 1 bedroom, 6 x 2 bedroom, and 1 x 3 bedroom units.

 

Parking Demand for Residential component:

                         = (4 x 1) + (6x 1.2) + (1 x 1.5) + (11/4 Visitor)

                         = 15.45 spaces.

 

Parking Demand for Commercial Component:

                       = (116 + 98)/40

                       = 5.35

 

TOTAL PARKING REQUIRED:

= 15.45 + 5.35

= 20.95 = say 21 spaces

 

PARKING PROVIDED:

= 6 spaces ground floor + 15 spaces basement

 

= Total of 21 spaces

 

Carpark layout -

The basement level carpark (residential car park) is considered satisfactory however only 1 visitor car space has been shown/marked and the plans will have to be amended prior to the issuing of a Construction Certificate showing a minimum of 2 visitor car spaces.

 

One car space on the ground floor level (commercial level) is a small car space. Development Engineering does not object to this considering the constraints at this level, provided it is clearly marked and signposted as a small car space. Development engineering has included relevant conditions in regards to this matter.

 

Awning Comments

The minimum clear distance from the existing footpath in Bunnerong Rd to the underside of the proposed awning shall be 3.00 metres. All new awnings shall be set back a minimum of 600mm from the face of kerb.

 

Development Engineering is not satisfied with the awning design above the Council Street Tree area and has included a condition which requires the awning at this location to follow the outline of the tree cut out area in Council’s footpath.

 

 

Road Widening Comments

A 1.3m wide footpath will be required by Council in Norfolk Lane. The applicant will be required to dedicate as road widening the necessary width along this frontage to achieve this amount (approximately 0.60m). This is required given the likely increased pedestrian activity created by the development site, and the need to provide safe entry and egress to pedestrian users of the site.

 

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.

 

A site inspection revealed there are no overhead wires running along the Bunnerong Rd frontage of the development site.

 

Landscape Comments by P O’Sullivan

There are no trees covered by Council’s Tree Preservation Order located within or adjacent to the subject site.

 

Service Authority Comments

At the Health, Building and Planning Committee meeting on 8 November 2005, it was resolved (Nash/Belleli) 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 where applicable.

 

6.3      Sydney Airport Corporation Limited

Under the provisions of the Air Navigation (Building Control) Regulations, the agreement 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 sought in relation to the building envelope of the original proposal and the mast recent proposal, post DRP amendments. Agreement has been obtained from Sydney Airports Corporation and relevant requirements have been incorporated in the recommendation of this report.

 

7.    Relevant Environmental Planning Instruments and 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. 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

 

7.1      Environmental Planning and Assessment Act 1979, as amended

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.

 

7.2      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 proposed commercial/retail units at street level fronting Bunnerong Road will provide opportunities for local retail and business development in the Matraville Town Centre.

·       The mixed use development provides opportunities for residential accommodation in the Matraville Town Centre without interfering with the primary business function of the area.

·       Adequate separation is provided between the proposed commercial component of the development and existing residential areas.

·       The proposal includes a range of unit typologies which is considered to encourage housing affordability.

·       The site is adequately serviced by public transport.

 

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.

Appropriate conditions have been included in the recommenda-tion, which require all excavation works to comply with Council’s requirements.

 

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.

 

42DA(2)

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

The proposal satisfies SEPP65 as discussed below.

Complies

42DA(2)

(b) to encourage a vibrant and active town centre

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

Complies

42DA(2)

(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

42DA(2)

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

The proposal provides a variety of housing choices, which will cater for different household needs in the area.

Complies

42DA(2)

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

The proposed mixed use development provides opportunities for commercial development which will serve the needs of the local community and will provide a range of housing choices.

Complies

 

 

42DA(2)

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

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

Complies

 

 

 

 

42DA(2)

(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

 

 

 

 

42DA(2)

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

The proposed design has maximised the provision of dual aspect dwellings, use of natural lighting and incorporated appropriate features that reduce energy consumption.

Complies

42DA(2)

(i) to improve the overall environmental quality of 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

42DA(4)

The provisions of the Matraville Town Centre DCP as they relate to maximum height and storeys are incorporated into the RLEP as development standards.

Discussed below.

 

42DA(6)

The maximum height for a 5 storey building is 15.7m.

Proposed: 17.6m.

 

SEPP1 objection submitted.

 

 

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.

 

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

The development application was referred twice to the Design Review Panel (DRP) convened under SEPP 65. The proposal has been considered by the DRP on two occasions. The latest DRP comments dated 6 June 2011 are set out below. The assessment officer’s comments are then provided as an assessment of the latest and current amended plans (lodged on 4 July 2011) against the Panel’s comments:

 

Panel Comments

Assessment Officers Comments

The Built Form of the Proposal

 

The north eastern apartment could be improved with better north windows to provide light and ventilation to the interior.  Sun shading should be provided to north windows.

 

Sun shading will be provided via conditions of consent.

Juliet balconies over Norfolk Lane at both the first and second floor, with solar treatment have been provided however the Panel recommends that the balconies protrude beyond the building facade to the boundary. 

 

The proposed Juliet balconies extend to within approximately 200mm of the rear/Norfolk Lane boundary and extend beyond the building façade.

The Panel recommended that the eastern building could have a raked ceiling to reflect the roofline as this will increase the interior space and amenity.

A raked ceiling has been provided.

The Proposed Landscape

 

The central courtyard could be improved by containing the raised planters to the north and south boundaries (as opposed to two U shaped planters) to increase the openness of the central courtyard.

The central court yard has been amended as proposed by the panel.

A small area of deep soil could be provided in the south east corner of the site and a suitable tree established to visually improve the lane.

The applicant has not incorporated this recommendation into their design due to issues associated with the ongoing maintenance of an external landscaped area.

 

The Safety and Security Characteristics of the Proposal

 

Appropriate non-glare lighting should be provided to improve its safety.

Non-glare lighting will be required by way of consent condition.

The Aesthetics of the Proposal

 

The design of facades has improved however they are still uncoordinated and scattered.  Some genuine design and ordering is required. 

The applicant has stated in their Architectural Design Statement that building facades are articulated to reduce the overall bulk of the building by emphasising the horizontal elements of the design and material has been selected on the basis of providing subtle contrast. 

 

Amendments have been made throughout the SEPP65 process and the DRP is now generally satisfied with the built form of the proposal.

 

Council is generally satisfied with the aesthetics of the proposal in it’s current form.

Summary and Recommendations

The application has been improved to a satisfactory level. If the issues raised in this report are satisfactorily addressed in consultation with the Council’s assessing officers the Panel will not need to review this proposal again.

 

7.4      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 residential component of the amended mixed use proposal has been subject to a BASIX assessment 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.

 

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

 

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

 

The application includes relevant information to demonstrate the relationship between the proposed building and the context of the site.

 

 

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 generally respects the applicable development standards and controls, and responds to the stated objectives and future desired character of the Matraville Town Centre. It is not expected that the proposal will adversely affect the future development potential of adjoining sites.

 

3.3

Building Envelopes

 

3.3.2 Heights

Maximum building height for buildings with a lot width of over 7m is 4 storeys. A fifth floor may be added where all required parking is provided at basement level and the lot width is greater than 12m. The fifth floor must be setback 4m from the fourth floor.

The subject site has a width frontage to Bunnerong Road of 15.21m and all of the required parking as provided at basement level. The proposed building is five levels in height and the fifth floor has been setback 4m.

 

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.

 

N/A

 

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 amended proposal involves the following floor to ceiling/slab dimensions:

 

Ground: 3440mm/330mm

1st, 2nd, 3rd: 2950mm/200mm

4th: 2700mm

 

The variation from the DCP controls are minor and respond to comments made by the SEPP65 DRP.

 

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

 

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 and the majority of apartments comply with the glass-to-glass preferred solution of 14m with  the exception of Apartments 1 and 2 on the first floor, which have a maximum glass-to-glass dimension of 15.485m.

 

The proposal is considered to provide adequate amenity for future residents.

 

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 including the 4m setback for the 5th floor level

 

 

 

 

 

N/A

 

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 proposed development is separated from the residential sites to the east by Norfolk Lane and, furthermore, those parts of the development that are proposed for no residential uses are located adjacent to the western boundary. Adequate separation between adjoining sites in residential zones is provided.

 

 

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. 

3.4

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.

 

A retail tenancy with continuous shopfront is 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 general 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 upper floor balcony will enable casual surveillance of Bunnerong Road and similarly other balconies for 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 proposed building has been reviewed by the SEPP65 Design Review Panel in relation to building form and is considered to be satisfactory.

 

Facades are articulated to reduce the overall bulk of the building by emphasising the horizontal elements of the buildings design and material has been selected on the basis of providing subtle contrast. 

 

The two proposed retail units fronting Bunnerong Road have frontages of 5.635m and 5.845m.

 

The proposed design satisfies, where appropriate, all other performance criteria in relation to building façades.

 

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.

A discussed above, materials have been selected on the basis of providing subtle contrast to the building façade and emphasising vertical and horizontal design elements.

 

Proposed materials include rendered brick work and powder coated aluminium. Large expanses of any single material are no proposed.

 

 

 

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 recommended, 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.

 

N/A

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.

 

The proposed lift runs to the top floor of Block A and the lift overrun is wholly contained within the roof dormer.

 

The proposed roof is suitably articulated and is not considered excessively bulky.

 

Overall, the proposed roof form is satisfactory.

3.5.10 Signage

 

N/A

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 ground and basement 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 is provided separately to the commercial parking area at ground level and the residential parking areas at basement level.

 

The driveway design has been assessed by Council’s Development Engineer, above.

 

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, 2 and 3 bedroom apartments, which will cater for different household needs in the area.

 

The apartment mix is as follows:

 

- 4 x 1 bedroom;

- 6 x 2 bedroom; and

- 1 x 3 bedroom.

 

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 minimum size of apartments are as follows:

 

1 bedroom: 55sqm

2 bedroom: 102.5sqm

3 bedroom: 172.5sqm

 

Apartments are all dual aspect and fit into building envelopes and depths that comply with the DCP – Matraville Town Centre.

 

Apartment Layout has been considered by the SEPP65 DRP and is considered acceptable.

 

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.

Floor to ceiling height complies with DCP performance criteria.

 

There are no more than two apartments per level per building and each has access in reasonable proximity to lift and stair access.

 

Overall, the internal circulation of the proposed building is considered to be 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 and storage units are provided in the building basement. 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.

External clothes drying areas are provided on balconies.

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 adjoining commercial premises at No. 525 Bunnerong Road will be overshadowed at various times throughout the day:

 

·      Morning: Shadows are cast to the southwest, predominantly over Bunnerong Road and the front of No. 525 Bunnerong Road.

 

·      Midday: Shadows fall predominantly over No. 525 Bunnerong Road. The internal separation between proposed buildings A and B provides for some solar access through the centre of the development.

 

·      Afternoon: Shadows fall predominantly over Norfolk Lane and the rear of No. 525 Bunnerong Road; the frontage receives solar access.

 

It is noted that the zoning of No 525 Bunnerong Road provides for development of a similar form to that proposed on the subject site with a corresponding internal courtyard, which will benefit from solar access around midday.

 

Living areas generally orientate to the east or west/internal court yard and receive adequate solar access during the morning and afternoon, respectively.

 

North facing windows are provided to apartments 3 and 7 that abut the access way to ground level parking and sun hoods are provided.

 

Sun shading devices are proposed where appropriate.

 

All proposed apartments are expected to receive approximately 3 hours of sunlight between 9am and 3pm on the 21st of June.

 

The proposed building generally complies with the applicable building envelope for the site.

 

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.

There is expected to be some degree of overlooking between apartments located in Building A and apartments located in building B; however, these will be screened somewhat by landscaping within the courtyard. Overall, 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.

 

Proposed balconies and terraces are internal. Juliet balconies on Norfolk Lane are not easily accessible from street level.

 

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

 

Appropriate non glare lighting will be added to Norfolk Lane by way of condition.

 

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.

 

A 12m deep communal landscaped podium is provided between the two buildings. Raised planter boxes are provided to facilitate tree and shrub planting. A landscape plan detailing plant species has been provided. 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.

 

Conditions recommended.

 

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.

Waste management will be in accordance with Development engineering requirements.

 

Development Control Plan – Parking

The DCP - Parking provides the following car parking provisions for multi-unit housing.

 

 

Rate

Requirement

Proposed

Business Premises

1 space per 40sqm GFA

226/40= 5.65 (2)

21 spaces provided including a dedicated space for delivery.

1 Bedroom

1 per 1 bed or bedsit over 40m2

4 x 1 = 4

2 Bedroom

1.2 per dwelling

6 x 1.2 = 7.2

3 + Bedroom

1.5 per dwelling

1 x 1.5 = 1.5

Visitor

1 per 4 dwellings

11/4 = 2.75

TOTAL

21 Spaces

 

The proposal complies with the requirements of the DCP – Parking.

 

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

$4,950,000.00

1%

$49,500.00

 

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

 

Building Design, Materials and Aesthetics

The proposal will have a modern façade comprising rendered brickwork and aluminium. 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.

 

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

 

The aesthetics of the proposed building have been improved through the SEPP 65 assessment process and the aesthetics of the proposal are now considered to be satisfactory. As stated in the applicants Architectural Design Statement: the building facades are articulated to reduce the overall bulk of the building by emphasising the horizontal elements of the design and material has been selected on the basis of providing subtle contrast. 

 

Noise

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.

 

Views Loss

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 the site. No objections in relation to loss of views have been received and the potential for loss of view is expected to be minor due to the topography of the area. 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 all existing district views is not reasonable.

 

Overlooking

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 complies with the relevant building envelope for the site and the proposed level of overshadowing is not considered to be excessive. The extent of overshadowing anticipated as a result of the proposed development has been discussed in preceding sections of this report:

 

Due to the orientation of the site, the adjoining commercial premises at No. 525 Bunnerong Road will be overshadowed at various times throughout the day:

 

·      Morning: Shadows are cast to the southwest, predominantly over Bunnerong Road and the front of No. 525 Bunnerong Road.

 

·      Midday: Shadows fall predominantly over No. 525 Bunnerong Road. The internal separation between proposed buildings A and B provides for some solar access through the centre of the development.

 

·      Afternoon: Shadows fall predominantly over Norfolk Lane and the rear of No. 525 Bunnerong Road; the frontage receives solar access.

 

It is noted that the zoning of No 525 Bunnerong Road provides for development of a similar form to that proposed on the subject site with a corresponding internal courtyard, which will benefit from solar access around midday.

 

Social and Economic Impacts

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 to suit varying demographic groups.

 

The provision of well designed and functional residential units is expected to have a positive effect on the economic viability of retail activity within the Matraville Town Centre

 

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 has been 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.

 

7.7      Site Suitability - S79C(1)(c)

The site is located within the Matraville Town Centre and 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.

 

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

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

 

7.9      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 proposal has been amended to address issues raised by the SEPP 65 Design Review Panel as detailed in Section above, especially in relation to the visual presentation of the building to Bunnerong Road and Norfolk Lane, and the functionality of residential units. The proposal is considered satisfactory in relation to relevant SEPP 65 criteria.

 

The proposed development is permissible with consent of Council. A SEPP 1 objection has been submitted by the applicant to address non-compliance with the building height development standard in the LEP and is considered to be well founded. The relevant objectives and performance criteria of the DCP are satisfied. Where compliance with a relevant control has not been achieved (in this case, building height), the amended proposal is considered to be acceptable and achieves the relevant objectives of the controls.

 

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 appropriate conditions.

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 42DA 4(B) of Randwick Local Environmental Plan 1998, relating to building height on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

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/136/2011 for the construction of a new part 3/part 5 storey mixed use development comprising two retail tenancies fronting Bunnerong Road at ground floor level, 11 residential units, and two levels of parking, including one basement level, with provisions for 21 cars and bicycle storage at No. 523 Bunnerong Road, Matraville, subject to the following conditions:

 

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

 

Drawing

Revision

Date

Received

DA01

DA04

August 2010

24/08/2011

DA02

DA02

August 2010

04/07/2011

DA03

DA02

August 2010

04/07/2011

DA04

DA04

August 2010

24/08/2011

DA05

DA04

August 2010

24/08/2011

 

and 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:

 

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

 

2.       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.

 

3.       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.

 

4.       Design for sun-shading screens for units north facing units must be submitted to Council’s Director of City Planning for approval before a Construction Certificate is issued. The approved design must be shown on the Construction Certificate plans.

 

 

5.       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 issue of the Occupation Certificate.

 

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.       Non-glare street lighting shall be installed adjacent to the eastern façade of the building facing Norfolk Lane.

 

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

 

9.       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. 

 

10.     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.

 

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

 

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

 

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

 

14.     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.

 

15.     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.

 

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.

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

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

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

 

Security Deposit

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

·           $10,000.00 -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Sydney Water Requirements

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

 

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

 

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

 

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

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

 

Electricity Substation

20.     The applicant must liaise with Energy Australia prior to obtaining a construction certificate (for any above ground works), to determine whether or not an electricity substation is required for the development. 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 relevant construction certificate and landscape plans.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Traffic Conditions

21.     The Roller Shutter door for the basement car park is to be setback a minimum of 5.00metres from the newly dedicated rear boundary in Norfolk Lane.

 

22.     Plans submitted for the construction certificate are to show a minimum of 2 visitor car spaces.

 

23.     Plans submitted for the construction certificate are to show a road dedication to Council, in Norfolk Lane. The road dedication width is to be a width of 0.60m.

 

24.     Plans submitted for the construction certificate shall demonstrate the proposed awnings complying with the following council requirements;

 

a)  The minimum clear distance from the existing footpath in Bunnerong Road to the underside of the proposed awning shall be 3.00 metres.

 

b)  All new awnings shall be set back a minimum of 600mm from the face of kerb.

 

c)  The plans are to be amended to show the awning design above the Council Street Tree area as following the square cut out area in Council’s footpath for the Council Street Tree.

 

Design Alignment levels

25.     The design alignment level (the finished level of concrete, paving or the like) at the new property boundary for driveways, access ramps and pathways or the like, must be as follows:

 

Bunnerong Road frontage - match the back of the existing footpath along the full Bunnerong Road site frontage.

 

Norfolk Lane Frontage at the New Dedicated Boundary - 30mm above the top of the existing Council kerb at all points opposite the kerb, along the full site frontage

Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0923.

 

26.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the kerb/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.

 

27.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $1,862.00 calculated at $46.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Stormwater Drainage & Flood Management

28.     Vents into the ground floor car park are to be located a minimum 600mm above the Council kerb level. Details demonstrating compliance with this condition are to be included in the construction certificate documentation.

 

29.     Plans submitted for the construction certificate are to show a internal driveway grades as shown of the Development Application plans marked “ Drwg No DA01 Issue DA-4 dated 22/8/2011 by Axil Architects “

 

30.     Stormwater drainage plans have not been approved as part of this development consent. Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be prepared by a suitably qualified Hydraulic Engineer and 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)       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.

 

31.     The site stormwater drainage system is to be provided in accordance with the following requirements;

 

a)     The stormwater drainage system must be provided in accordance with the relevant requirements of Building Code of Australia and the conditions of this consent, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate.

 

b)     The stormwater must be discharged (by gravity) either:

 

i.     Directly into Council’s underground drainage system located in Bunnerong Road via a new kerb inlet pit; or

ii.    To a suitably designed infiltration system (subject to confirmation in a geotechnical investigation that the ground conditions are suitable for the infiltration system).

 

c)     Should stormwater be discharged to Council’s street drainage system, an on-site stormwater detention system must be provided to ensure that the maximum discharge from the site does not exceed that which would occur during a 1 in 5 year storm of one hour duration for existing site conditions. All other stormwater run-off from the site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the street drainage system, to the satisfaction of the certifying authority.

 

An overland escape route or overflow system (to Council’s street drainage system) must be provided for storms having an average recurrence interval of 100 years (1 in 100 year storm), or, alternatively the stormwater detention system is to be provided to accommodate the 1 in 100 year storm.

 

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

 

Should no formal overland escape route be provided for storms greater than the 1 in 20 design storm, the infiltration system shall be sized for the 1 in 100 year storm event.

 

e)     Determination of the required cumulative storage (in the on-site detention and/or infiltration system) 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 any detention tanks should have an open base to infiltrate stormwater into the ground. Infiltration should not be used if ground water and/or any rock stratum is within 2.0 metres of the base of the tank.

 

f)     If connecting to Council’s underground drainage system, a reflux valve shall be provided (within the site) over the pipeline discharging from the site to ensure that stormwater from Council drainage system does not surcharge back into the site stormwater system.

 

 

g)     Any new kerb inlet pits (constructed within Council’s road reserve) are to be constructed generally in accordance with Council’s standard detail for the design of kerb inlet pits (drawing number SD6 which is available from Council).

 

h)     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 (i.e. above the 1 in 20 year storm) to the proposed drainage (detention/infiltration) system.

 

i)      A sediment/silt arrestor pit must be provided within the site near the street boundary prior to discharge of the stormwater to Council’s drainage system and prior to discharging the stormwater to any absorption/infiltration system.

 

Sediment/silt arrestor pits are to be constructed generally in accordance with the following requirements:

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

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

·         A minimum of 4 x 90 mm diameter weep holes (or equivalent) 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 being provided 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 being provided for the access grate (e.g. spring loaded j-bolts or similar).

·         Provision of a sign adjacent to the pit stating, “This sediment/silt arrester pit shall be regularly inspected and cleaned”.

 

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

 

j)      The floor level of all habitable, retail, commercial and storage areas located adjacent to any detention and/or infiltration systems with above ground storage must be a minimum of 300mm above the maximum water level for the design storm or alternately a permanent 300mm high water proof barrier is to be provided.

 

k)     Infiltration systems/Absorption Trenches must be designed and constructed generally in accordance with "Section 8.5 ABSORPTION TRENCHES" of Randwick City Council's Private Stormwater Code.

 

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

 

m)    The site stormwater system must be regularly cleaned and maintained to ensure it operates as required by the design.

 

n)     Site discharge pipelines shall cross the verge at an angle no less than 45 degrees to the kerb line.

 

o)     Any onsite detention/infiltration systems shall be located in areas accessible by residents of all units.

 

32.     Site seepage and sub-soil drainage (from planter boxes etc) must comply with the following requirements:

a)     Seepage/ground water and subsoil drainage (from planter boxes etc) must not be collected & discharged directly or indirectly to  Council’s street gutter or underground drainage system

 

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

 

c)     The walls of the basement level/s of the building are to be waterproofed/tanked to restrict the entry of any seepage water and subsoil drainage into the basement level/s of the building and the stormwater drainage system for the development.

 

d)     Sub-soil drainage systems may discharge via infiltration subject to the hydraulic consultant/engineer being satisfied that the site and soil conditions are suitable and the seepage is able to be fully managed within the site, without causing a nuisance to any premises and ensuring that it does not drain or discharge (directly or indirectly) to the street gutter.

               

e)     Details of the proposed stormwater drainage system including methods of tanking/waterproofing the basement level/s and any sub-soil drainage systems (as applicable) must be prepared or approved by a suitably qualified and experienced Professional Engineer to the satisfaction of the Certifying Authority and details are to be included in the construction certificate.

 

33.     Where the site is affected by groundwater or fluctuating water table (including during the course of construction).  A report must be submitted to and approved by the Certifying Authority, with the Construction Certificate, detailing the proposed methods of excavation, managing groundwater and dewatering the site. 

 

The report is to be prepared by a suitably qualified and experienced Geotechnical and/or Hydrogeological Engineer and include:

·     Details of compliance with relevant approvals and licences (eg. Council’s conditions of consent and Water Licence from Department of Planning / Department of Water & Energy).

·     The proposed method of shoring/piling and dewatering.

·     Details of the proposed connection and or disposal of groundwater or construction site stormwater to Council’s drainage system.

·     The zone of influence of any possible settlement.

·     The location of any proposed re-injection points in relation to the property boundaries (where re-injection equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·     The program to monitor fluctuations of the water table during dewatering/ construction to be undertaken by consulting engineers to ensure that the conditions of consent and other relevant requirements are satisfied.

·     The location of all proposed monitoring equipment in relation to the property boundaries (where monitoring equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·     Details of any consultation and arrangements made with owners of any potentially affected nearby premises (i.e. in relation to access, monitoring and rectification of possible damage to other premises)

·     Details of groundwater quality and proposed disposal of any potentially contaminated groundwater in accordance with relevant requirements and approvals of the Department of Environment & Climate Change, Council and the Protection of the Environment Operations Act 1997, in an environmentally sensitive manner.

·     The location of all pumping equipment in relation to the property boundaries.

·     The proposed method of noise attenuation for all pumping equipment, so as not to be more than 5dB (A) greater than the A – weighted L90 background sound pressure level between the hours of 7am to 10pm within any residential premises and not to be audible at all between the hours of 10pm and 7am within any residential dwelling.

·     Confirmation that the proposed methods of dewatering and excavation are appropriate and in accordance with ‘best practice’ principles and should not result in any unacceptable levels of settlement or damage of the adjoining or nearby buildings within the zone of influence.

 

Any practices or recommendations made by the consulting Engineer/s must be implemented accordingly and the dewatering process must be monitored by the consulting Engineer/s to the satisfaction of the Principal Certifying Authority.

 

A copy of the reports, certification and details of compliance with the conditions of consent and dewatering requirements must be provided to the Principal Certifying Authority and a copy must be forwarded to the Council.

 

The site conditions and fluctuations in the water table are to be reviewed by the consulting Engineer prior to and during the excavation/construction process, to ensure the suitability of the excavation and dewatering process and compliance with Council's conditions of consent.  Details of compliance must be provided to the satisfaction of the Principal Certifying Authority and a copy must be forwarded to Council.

 

34.     Details of the proposed connection and or disposal of any site seepage, groundwater or construction site stormwater to Council’s stormwater drainage system must be submitted to and approved by Council’s Development Engineer, prior to commencing these works, in accordance with section 138 of the Roads Act 1993.

 

Details must include the following information:

·       Site plan

·       Hydraulic engineering details of the proposed disposal/connection of groundwater 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

 

Waste Management

35.     The residential garbage room shall be sized to contain a total of 12 x 240 litre bins (comprising 6 garbage bins & 6 recycle bins) and with adequate provisions for access to all bins.  Details showing compliance are to be included in the construction certificate.

 

36.     The commercial/retail garbage area shall be sized to contain a total of 6 x 240 litre bins and with adequate provisions for access to all of the bins. Details showing compliance are to be included in the construction certificate.

 

37.     The commercial garbage area must be separated from the residential bin storage area.

 

Landscaping & Environmental amenity:

38.     Detailed landscape drawings and specifications are to be submitted to and approved by the certifying authority with the construction certificate and the landscaping is required to be implemented in accordance with the approved plans and specifications. 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). If Council is not the certifying authority for the development, a copy of the approved plans and specifications are to be forwarded to Council with the construction certificate.

 

The landscaping plans/specifications are required to include the following components:

 

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.

 

b)     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.

 

c)     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.

 

d)     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.

 

e)     Details of planter boxes, garden beds, soil and mulch, irrigation, landscape lighting, edging, paving, fencing, surface finishes, retaining walls, site composting, vehicle wheel-stops and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

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.

 

f)      Details of Tree Protection measures, including details of compliance with relevant conditions of consent.

 

g)     Position of existing and proposed site services including water, gas, electricity, sewer, stormwater and any easements etc.

 

Any required substation shall be suitably screened from view. Details of the proposed location of any substation/s including plans, elevations and proposed screening methods are to be submitted to and approved by Council prior to issuing a construction certificate.

 

h)     Elevations and sections through the site showing the existing and proposed groundlines, building elevations, and mature height of proposed planting.

 

i)      An automatic irrigation system throughout all planted areas to ensure satisfactory maintenance of the landscaping. The system shall provide full coverage to all the planted areas with no overspray onto driveways and pathways. The system shall comply with all Sydney Water requirements.

 

39.     All detention tanks and stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping on top of these services as required by these conditions of development consent. Details are to be included in the relevant construction certificate and landscape plans.

 

Site landscaping is required to contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

Tree Management

40.     The applicant shall submit a total payment of $189.75 to Council,

 

a.       Being the cost for Council to supply and install 1 x 45 litre Tuckeroo street tree, to the Bunnerong Rd frontage, at the completion of all works

 

 

The contribution shall be paid into Tree Amenity Income account no 4001.768401 at the Cashier on the Ground Floor of the Administrative Centre prior to a construction certificate being issued for the development.

 

The applicant will be required to contact Council’s Landscape Development Officer on 9399-0613, giving at least two working weeks notice, to arrange for removal of the existing street tree/provision of a replacement street tree upon completion.

 

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

Demolition & Construction Waste

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

 

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

 

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

 

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

 

Construction Traffic Management

42.     Prior to the commencement of any works on the site, an Application for a ‘Works Zone’ and Construction Traffic Management Plan must be submitted to Councils Integrated Transport Department, and approved by the Randwick Traffic Committee, for a ‘Works Zone’ to be provided in Bunnerong Road for the duration of the demolition & construction works. 

 

The ‘Works Zone’ must have a minimum length of 12m and extend for a minimum duration of three months.  The suitability of the proposed length and duration is to be demonstrated in the application for the Works Zone.  The application for the Works Zone must be submitted to Council at least six (6) weeks prior to the commencement of work on the site to allow for assessment and tabling of agenda for the Randwick Traffic Committee.

 

The requirement for a Works Zone may be varied or waived only if it can be demonstrated in the Construction Traffic Management Plan (to the satisfaction of Council’s Traffic Engineers) that all construction related activities (including all loading and unloading operations) can and will be undertaken wholly within the site.  The written approval of Council must be obtained to provide a Works Zone or to waive the requirement to provide a Works Zone prior to the commencement of any site work.

43.     A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to:

 

a)     commencement of any site work [or]

b)     a construction certificate being issued for the development.

 

The Construction Site Traffic Management Plan must be prepared by a suitably qualified person and must include the following details, to the satisfaction of Council:

·       A description of the demolition, excavation and construction works

·       A site plan/s showing the site, roads, footpaths, site access points and vehicular movements

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

·       Size, type and estimated number of vehicular movements (including removal of excavated materials, delivery of materials and concrete to the site)

·       Provision for loading and unloading of goods and materials

·       Impacts of the work and vehicular movements on the road network, traffic and pedestrians

·       Proposed hours of construction related activities and vehicular movements to and from the site

·       Current/proposed approvals from other Agencies and Authorities (including NSW Roads & Traffic Authority, Police and State Transit Authority)

·       Any activities proposed to be located or impact upon Council’s road, footways or any public place

·       Measures to maintain public safety and convenience

 

44.     A Traffic Control Plan must be submitted to and approved by Council and relevant Authorities, prior to carrying out any work which results in the closure or partial closure of a State or Regional Road, as identified by the NSW Roads & Traffic Authority.

 

Sydney Water

45.     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

46.     A public utility impact assessment must be carried out on 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.  The assessment should include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of services.

 

Documentary evidence from Sydney Water confirming that their requirements have been or are able to be satisfied, in regards to access to their infrastructure on the northern side of the site within the easement, must be submitted to the principal certifying authority prior to the commencement of any demolition, excavation or building works.

 

47.     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.

 

Road/Asset Opening Permit

48.     Any openings within or upon the road, footpath, nature strip or in any public place (i.e. for proposed drainage works or installation of services), must be carried out in accordance with the following requirements, to the satisfaction of Council:

 

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

 

b)     Council’s Road / Asset Opening Officer must be notified at least 48 hours in advance of commencing any excavation works and also immediately upon completing the works (on 9399 0691 or 0409 033 921 during business hours), to enable any necessary inspections or works to be carried out.

 

c)     Relevant Road / Asset Opening Permit fees, construction fees, inspection fees and security deposits, must be paid to Council prior to commencing any works within or upon the road, footpath, nature strip or other public place,

 

d)     The owner/developer must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council, prior to the issuing of a final occupation certificate or occupation of the development (whichever is sooner).

 

e)     Excavations and trenches must be back-filled and compacted in accordance with AUSPEC standards 306U.

f)     Excavations or trenches located upon a road or footpath are required to be provided with 50mm depth of cold-mix bitumen finish, level with the existing road/ground surface, to enable Council to readily complete the finishing works at a future date.

 

g)     Excavations or trenches located upon turfed areas are required to be back-filled, compacted, top-soiled and re-turfed with Kikuyu turf.

 

h)     The work and area must be maintained in a clean, safe and tidy condition at all times and the area must be thoroughly cleaned at the end of each days activities and upon completion.

 

i)      The work can only be carried out in accordance with approved hours of building work as specified in the development consent, unless the express written approval of Council has been obtained beforehand.

 

j)     Sediment control measures must be implemented in accordance with the conditions of development consent and soil, sand or any other material must not be allowed to enter the stormwater drainage system or cause a pollution incident.

 

k)     The owner/developer must have a Public Liability Insurance Policy in force, with a minimum cover of $10 million and a copy of the insurance policy must be provided to Council prior to carrying out any works within or upon the road, footpath, nature strip or in any public place.

 

Stormwater Drainage

49.     Adequate provisions must be made to collect and discharge stormwater drainage during construction of the building to the satisfaction of the principal certifying authority.

 

The prior written approval of Council must be obtained to connect or discharge site stormwater to Council’s stormwater drainage system or street gutter.

 

50.     Any required dewatering must be monitored by the consulting Engineer/s to the satisfaction of the principal certifying authority and documentary evidence of compliance with the relevant conditions of consent and dewatering requirements must be provided to the principal certifying authority and the Council.

 

The site conditions and fluctuations in the water table are to be reviewed by the consulting Engineer prior to and during the excavation/construction process, to ensure the suitability of the excavation and dewatering process and compliance with Council's conditions of consent.

 

51.     A separate written approval from Council is required to be obtained in relation to any proposed discharge of groundwater into Council’s drainage system external to the site, in accordance with the requirements of Section 138 of the Roads Act 1993.

 

Street  Awning

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

 

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.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

 

53.     Prior to issuing a final occupation certificate for the development, the owner/developer must meet the full cost for Council or a Council approved contractor to:

a)     Construct a full width heavy duty concrete vehicular crossings and laybacks at kerb opposite the vehicular entrances to the site in Norfolk Lane.

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

c)     Construct a concrete footpath along the full site frontage in Norfolk Lane. 

d)     Reconstruct any damaged footpath along the Bunnerong Road site frontage, in accordance with Council’s Urban Design Elements Manual for the Matraville Commercial Centre.

 

54.     Prior to issuing a final occupation certificate or occupation of the development (whichever is sooner), the owner/developer 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.

 

55.     Prior to issuing a final occupation certificate or occupation of the development (whichever is sooner), a Registered Surveyor is to submit a works as executed plan in relation to the levels and grades of the internal driveways, this is to ensure the internal driveways have been constructed in accordance with the approved plans marked “ Drwg No DA01 Issue DA-4 dated 22/8/2011 by Axil Architects “ . The works as executed plan must be forwarded to the Principal Certifying Authority and the Council. The works-as-executed plan must include the following details (as applicable):

·      Finished levels, grades, distances and transitions along both internal driveways at there outer edges and centerline.

 

56.     Prior to issuing a final occupation certificate or occupation of the development (whichever is sooner) the owner/developer is to have car space No 6 of the commercial car park clearly signposted & marked as a small car space as well as the Visitor car spaces in the residential carpark.

 

57.     Prior to issuing a final occupation certificate or occupation of the development (whichever is sooner) the owner/developer is to have the car park entrances clearly signposted at their entrances as “Residential Carpark” & “Commercial Carpark”.

 

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

 

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

 

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

 

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

 

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

 

Service Authorities

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

 

Stormwater Drainage

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

Notes:

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

a.  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.

 

61.     Upon completion of the works and prior to the issuing of an Occupation Certificate, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced hydraulic consultant/engineer must be forwarded to the Principal Certifying Authority and the Council. The works-as-executed plan must include the following details (as applicable):

·      The location of any detention basin/s with finished surface levels;

·      Finished site contours at 0.2 metre intervals;

·      Volume of storage available in any detention areas;

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

·      The orifice size/s (if applicable);

·      Details of any infiltration/absorption systems; and

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

 

62.     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, which confirms that the design and construction of the stormwater drainage system complies with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and conditions of this development consent. 

 

The certification must be provided following inspection/s of the site stormwater drainage system by the Hydraulic Engineers to the satisfaction of the PCA.

 

63.     Prior to the issuing of an Occupation Certificate certification must be obtained from a suitably qualified and experienced professional Engineer, to the satisfaction of the Principal Certifying Authority confirming that the basement tanking/waterproofing and any sub-soil drainage systems (as applicable) have been provided in accordance with the conditions of consent and relevant Standards. A copy of the certification must be provided to the Council with the Occupation Certificate.

 

Road Dedication

64.     Prior to the issue of an occupation certificate, the applicant shall, at no cost to Council, dedicate a 0.6 metre wide strip of land along the full Norfolk Lane site frontage for road widening purposes. The strip of land is required to facilitate provision of a concrete footpath along the site frontage in Norfolk Lane.

 

Landscaping

65.     The landscaping shall be installed in accordance with the approved plans and specifications prior to occupation of the development and the landscaping must be maintained in accordance with the approved plans and specifications.

 

Certification is to be obtained from a suitably qualified Landscape Architect and submitted to the Principal Certifying Authority (PCA) (and Council, if Council is not the PCA) prior to the occupation of the development, 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.

 

Waste Management

66.     Prior to the occupation of the development, the owner or applicant is required to contact Council’s City Services Department, to make the necessary arrangements for the provision of waste services for the premises.

 

67.     The waste storage areas shall be clearly signposted.

 

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.

 

Stormwater Detention/Infiltration  System

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

 

Building Regulation & Construction Site Management

69.     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.

 

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

 

71.     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.

 

72.     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.

 

73.     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.

 

74.     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.

 

75.     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.

 

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

 

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

 

77.     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.

 

78.     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.

 

79.     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.

 

80.     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.

 

81.     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.

 

82.     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.

 

83.     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.

 

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

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

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

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

 

85.     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.

 

86.     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 (where applicable)

·           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.

 

87.     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.

 

88.     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.

 

89.     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.

 

 

90.     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.

 

91.     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.

 

92.     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.

 

93.     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.

 

94.     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.

 

95.     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.

 

96.     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

97.     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

98.     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

99.     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.

 

100.    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.

 

101.    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.

 

102.    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.

 

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

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

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

·       Licensed premises, places of public entertainment and hotels

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

·       Premises which have a Cooling Tower or Warm Water System

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

 

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

 

Services

104.    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.

 

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).

 

A2      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.

 

A3      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.

 

A4      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.

 

A5      Access for persons with disabilities, suitable access ramp/s should be provided from the entry to the premises and to the building in accordance with the Disability Discrimination Act and relevant provisions of the Australian Standard to the satisfaction of the certifying authority and details should be included in the construction certificate.

 

A6      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.

 

Sydney Airport Advisory Notes:

Notes:

·         The standard conditions may be modified or supplemented by additional non-standard site specific conditions to address any specific environmental, amenity, construction and safety considerations associated with the proposal.

 

·         The waste management, drainage and infrastructure standard conditions may be modified or replaced with site specific conditions as proposed by Council’s Development Engineer, City Services or Waste Services officers.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                            20 September 2011

 

 

Director City Planning Report No. CP89/11

 

 

Subject:                  11/98 Mount Street, Coogee (DA/542/2011)

Folder No:                   DA/542/2011

Author:                   Christopher Gorton, Assessment Officer - Student     

 

Proposal:                     Enclosure of an existing balcony to unit 11

Ward:                      East Ward

Applicant:                Mr L J McDonald

Owner:                         Mr L J McDonald

Summary

Recommendation:     Refusal

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

Executive Summary

 

The proposal includes the enclosure of an existing balcony for unit 11/98 Mount Street.

 

The application was notified to the nearby properties in accordance with Council Notification policy; four submissions were received and have been addressed in this report.

              

The application is referred to the Planning Committee for determination as the proposed alteration to the residential flat building involves a SEPP 1 objection to the floor space ratio control and involves an increase of more than 10% above the Floor Space Ratio (FSR) provisions contained in Clause 32 within the Randwick Local Environment Plan 1998 (RLEP 1998)

 

The RLEP 1998 provides for a maximum Floor Space Ratio of 0.9:1 however the existing flat building has a Floor Space Ratio of 1.188:1 and the applicant is only seeking an additional 11sqm resulting in a floor space ratio of 1.197:1. The applicant has submitted a SEPP 1 application arguing that compliance with the standard is unreasonable in this case.

 

The applicant’s arguments are that; the existing FSR of the subject building is already in excess of 0.9:1; the proposal is contained within the existing bulk of the building and in its entirety only adds 11m2 to the floor space, which does not significantly impact on the total FSR of the site.

 

It is considered that despite the proposed development consisting of only a minor increase in the floor space ratio, the proposed development would detract from the overall appearance of the building and compromise the existing architectural integrity of the building. The proposed piecemeal enclosure of the balcony would result in a loss of private open space for the subject site (lot 11), it would also have adverse visual impacts on the character of the streetscape as well as the adjoining heritage buildings (15 and 21 Carr Street). Should the proposal be approved it would set an undesirable precedent for the further piecemeal enclosure of balconies to the building.

 

The application is recommended for refusal.

 

1.    The Proposal

 

The proposal is for the enclosure of an existing balcony to Unit 11 of 98 Mount street, the installation of aluminium framed glazing on the southern and eastern sides, changing the use of the balcony to a new sunroom.

 

2.    The Subject Site and Surrounding Area

 

The subject site 98 Mount Street, Coogee is situated in a Residential 2C zoned area, it is presently occupied by an existing three storey residential flat building containing 15 small units and 2 studio units. The site has an overall site area of approximately 1226m². Neighbouring the property to the south are two residential flat buildings identified as Heritage items (listed under the RLEP 1998) 15 and 21 Carr Street.

 

Figure 1. The subject site and surrounding area, showing approximate location of the proposed development (yellow shade) and identification of the heritage items (bolded in red)

 

 

Figure 2. Shows subject building as viewed from Mount Street, with the subject balcony (Lot 11) and illegally enclosed balcony (Lot 6).

 

Figure 3. Shows the subject balcony as viewed from Carr street.

 

Figure 4.  View from balcony, looking at rear of 19 Carr Street and the rear of 21 Carr Street (Heritage Item).

 

Figure 5.  View from balcony, looking at rear of 17 Carr street and rear of 15 Carr Street (heritage Item)

Figure 6. Front façade of subject site (98 Mount Street)

3.    Site History

 

On 17 February 1998, Council approved the following; Demolition of an existing nursing home and the erection and strata subdivision of the land into a three storey residential flat building with basement parking (DA/98/1998).

 

On 15 December 2000, Council conditionally approved a section 96 modification to amend the original Development Consent by modifying the following; Window openings, wall finishes, roof pitch and balcony size (DA/98/1998/A).

 

On 24 September 2001, Council conditionally approved a section 96 modification to amend the original Development Consent by modifying the following; balcony sizes, window openings, wall finishes and roof pitch (DA/98/1998/B).

The balcony of lot 6 (figure 2.) has been enclosed without council consent. On 27 May 2009, a Notice of intention to give an order was issued to the owners of Strata Plan NO. 70669. As of 26 July 2010, no response was given and the Notice of intention to give an order had expired, the owners were given 14 days to show cause in writing as to why council should not re-issue the Notice of intention to give an order followed by an order and/or commence legal proceedings against the illegal works. Council has also advised the Owners Corporation that they may take there own action under the Strata Schemes Management Act 1996.

 

4.    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.

-    Building Code of Australia.

-    Development Control Plan- Multi Unit Housing Development.

 

(a)    Randwick Local Environmental Plan 1998

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

 

Clause 12 2C zone

The proposal is consistent with the general 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.

 

Clause 32 FSR

The maximum floor space ratios for buildings, other than buildings erected for the purpose of a dwelling house, within Zone 2C is 0.9:1. The resultant floor space ratio of the building is 1.197:1 which exceeds the control and a SEPP 1 Objection has been lodged and is discussed below:

 

4.1      State Environmental Planning Policy No.1 – Development Standards

The proposal seeks to vary the development standard under Clause 32 of the RLEP 1998 for floor space ratios in the 2C zone. The standard is set at 0.9:1.

 

The proposed development seeks an additional 11sqm of floor area, when this is combined with both the existing floor space ratio of 1.18:1 and the illegal balcony enclosure of lot 6 it will result in a floor space ratio of 1.197:1. The proposed development exceeds the 0.9:1 standard by 33%.

The proposed variation is summarised in the table below:

 

 

Floor space ratio (FSR)

Gross floor area (GFA)

Existing building.

1.18:1

1446.68m2

Illegal enclosure of balcony (lot 6) inclusive of existing floor space.

1.188:1

1456.92m2

Proposed development inclusive of existing floor space.

1.197:1

1468.26m2

Permissible FSR / GFA.

0.9:1

1103.4m2

FSR / GFA in excess of LEP standard.

0.297:1

364.86m2

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 existing situation on the site is already in excess of the 2C Residential FSR of 0.9:1, the proposal is contained within the existing bulk of the building and in its entirety only adds 11m2 to the floor space, which does not significantly impact on the total FSR of the site.

 

·      The main focus of the FSR as stated in its purpose 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 above issues such as height, size, scale, site coverage and streetscape are not affected at all by the proposal for the enclosure of the balcony of unit 11.

 

·      The balcony to be enclosed faces a long driveway of no. 17 Carr Street and is located at least 50m from the street itself, it is not visible from any other street, it cannot have adverse impacts on Carr Street from such a great distance.

 

It is considered that the proposal is unsatisfactory and compliance with the aforementioned development standards is reasonable and necessary based on the following reasons:

 

·      The existing building currently exceeds Council’s standard for floor space ratio as discussed previously. Should development consent be granted for the application, the development would cumulatively have adverse impacts upon the bulk of the building as well as the desired character for the locality, and set an undesirable precedence for the piecemeal enclosure of balconies in the area.

 

·      The argument that the proposal will not affect issues such as height, size, scale, site coverage, environmental amenity and will be keeping with the aesthetic character of the area is not supported due to the potential for the loss of articulation to the building and the detrimental affects on the buildings architectural integrity by the piecemeal enclosure of balconies.

 

·      The argument that the impact of the proposed development is lessened by its location and distance from the both Carr Street and Mount Street is not supported.

 

The location of the proposed development does not justify the proposed piecemeal enclosure of the balcony to the building. The proposed balcony location is clearly visible from both Mount Street and Carr Street, it will adversely affect the visual amenity of the surrounding properties including the two adjoining Heritage items located at 15 and 21 Carr Street and it will detrimentally affect the character of the streetscape.

 

In conclusion, the submitted SEPP 1 Objection has not properly justified that strict compliance with the development standards is unreasonable and unnecessary in the circumstances of the case. As such, it is considered that the objection is not well founded and should not be supported.

 

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 prescribed floor space ratio is inconsistent with the aims of the SEPP No.1 and would detract from the objects of the Act under Section (a) (i) and (ii) specifically, in that the resultant development would result in an adverse impact to the existing flat building’s consistent form and style along Mount Street and the setting of the adjoining heritage items. In this respect the proposed development would not represent an orderly and economic development of the subject land.

 

Matter 3

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

 

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

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

 

·    Comments:

The proposed development and variations from the development standards do not raise any matters of significance for State or regional environmental planning, but there is a public benefit in maintaining the control in this instance.

 

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 is 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 standards in question is reasonable and necessary to maintain the underlying purposes of the standards.

Second

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

 

Comments:

The underlying objective or purpose of the standards is relevant to the subject development. As discussed above, the proposal does not satisfy the underlying purposes of the FSR standards.

Third

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

 

Comments:

The underlying objective of the standards will be defeated or thwarted in this particular instance.

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 have not been abandoned or discarded by any decision or actions of Council.

 

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

Fifth

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

 

Comments:

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

State Environmental Planning Policy No.10 - Retention of Low Cost Rental

Accommodation

The building has been strata subdivided and as such SEPP 10 is not applicable.

 

State Environment Planning Policy (Building Sustainability Index: BASIX)

2004.

SEPP: BASIX requirements came into force for multi-unit housing where development applications were 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 does not include any new units or class of works which would require a BASIX certificate.

 

Section 94A Development Contributions for all applications lodged from 2

July 2007:

 

This application is EXEMPT from a levy under Council’s s94A Development Contributions Plan as it falls into the category of works with a value less than $100,000.

 

5.    Community Consultation

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

 

5.1 Objections

 

17/98 Mount Street

Issue

Response

·      Owners of unit 6 went ahead and enclosed their balcony without Council approval. Should not be used as precedence for the enclosure of balconies as it was done illegally.

 

·      The subject building is only 7 years old and if the balcony is enclosed it will interfere with the original design of the building.

 

·      The balconies were originally designed as open areas and converting them into enclosed rooms may generate nuisance noise for other residents.

·      The enclosure of the balcony (lot 6) was not approved by Council and can not be relied on as a reliable precedent; especially given the focus within Council’s planning policies on improving the appearance of residential flat buildings.

 

·      It is considered that the proposed enclosure of the balcony (lot 11) has the potential to impact on the articulation to the building and have detrimental affects on the buildings architectural integrity by the piecemeal enclosure of balconies.

 

 

·      If approved it will set a precedent for other balconies to be enclosed, affecting the buildings overall external appearance.

 

·      Approval of the proposed enclosure would set and undesirable precedent for the remaining units to the building and surrounding residential flat buildings in the area.

 


1/98 Mount Street

Issue

Response

·      Owners of unit 6 went ahead and enclosed their balcony without Council approval. Should not be used as precedence for the enclosure of balconies as it was done illegally.

 

·      The subject building is only 7 years old and if the balcony is enclosed it will interfere with the original design of the building.

 

·      The balconies were originally designed as open areas and converting them into enclosed rooms may generate nuisance noise for other residents.

 

·      If approved it will set a precedent for other balconies to be enclosed, affecting the buildings overall external appearance.

·      The enclosure of the balcony (lot 6) was not approved by Council and can not be relied on as a reliable precedent; especially given the focus within Council’s planning policies on improving the appearance of residential flat buildings.

 

·      It is considered that the proposed enclosure of the balcony (lot 11) has the potential to impact on the articulation to the building and have detrimental affects on the buildings architectural integrity by the piecemeal enclosure of balconies.

 

·      Approval of the proposed enclosure would set and undesirable precedent for the remaining units to the building and surrounding residential flat buildings in the area.

 

16/98 Mount Street

Issue

Response

·      Owners of unit 6 went ahead and enclosed their balcony without Council approval. Should not be used as precedence for the enclosure of balconies as it was done illegally.

 

·      Wishes to retain the original building design and overall aesthetics of the building which is only 7 years old. If approved the enclosure of the balconies of both unit 11 and unit 6 (illegal works) will create an unwanted contrast and would compromise the original design.

 

·      The balconies were originally designed as open areas and converting them into enclosed rooms may generate nuisance noise and would impact on the welfare of other residents.

 

·      The enclosure of the balcony (lot 6) was not approved by Council and can not be relied on as a reliable precedent; especially given the focus within Council’s planning policies on improving the appearance of residential flat buildings.

 

·      It is considered that the proposed enclosure of the balcony (lot 11) has the potential to impact on the articulation to the building and have detrimental affects on the buildings architectural integrity by the piecemeal enclosure of balconies.

 

·      The proposal would adversely impact the physical appearance of the building with regard to the perceived bulk and scale of the building

 

·      If approved it will set a precedent for other balconies to be enclosed, affecting the buildings overall external appearance.

·      Approval of the proposed enclosure would set and undesirable precedent for the remaining units to the building and surrounding residential flat buildings in the area.

 

 

 

 

9/19 Carr Street

Issue

Response

 

·      Proposed balcony enclosure is directly inline with the driveway of 19 Carr street (not the stated 17 Carr Street) therefore affects the residents at 19 Carr Street.

 

·      The enclosure of the balcony of unit 11 will affect privacy of the 3 rear units of 19 Carr Street. The change of use of the balcony to a sunroom will increase its useability and impact on the privacy and amenity of the 2nd and 3rd bedrooms of the rear units of 19 Carr Street.

 

·      The enclosure of the balcony will increase the overall bulk of the building, adversely affecting the residents of 19 Carr Street.

 

·      The balcony is directly visible from Carr Street and will adversely affect the character of the streetscape.

 

·      98 Mount Street has 2 heritage buildings in its immediate vicinity 15 & 21 Carr Street, the piecemeal enclosure of the balcony will adversely affect the character of the streetscape and its locality.

 

·      Objection to the proposed piecemeal enclosure of the balcony as it is contrary to the original design of the building.

 

·      It is considered that the proposed balcony will adversely affect 17 and 19 Carr Street as well as the two adjoining heritage items (15 & 21 Carr Street). The development would be visually intrusive in the existing setting and would detrimentally affect the visual amenity

 

·      It is considered that enclosure of the balcony will create a high use area and would directly affect the privacy of the 3 rear units of 19 Carr street.

 

·      The proposal would adversely impact the physical appearance of the building with regard to the perceived bulk and scale of the building.

 

·      The proposed development can be seen from both Carr Street and Mount Street and will adversely affect the overall character of both Mount Street and Carr Street.

 

·      It is considered that approval of the proposed enclosure would set and undesirable precedent for the remaining units to the building and surrounding residential flat buildings in the area.

 

 

 

 

5.2 Support

No submissions of support were received.

 

Policy Controls

a.    Development Control Plan No. – Multi-Unit Housing

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

 


Development Control Plan – Multi-unit Housing

 

Clause

Standard

Check

y/n

 

Building Height

 

P1

 

 

 

 

P2

Heights of walls, their location and orientation do not cause substantiated adverse impacts on the streetscape or adjoining properties, particularly in relation to privacy, solar access and building bulk.

 

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

No change is proposed from the existing.

 

 

 

 

 

 

The proposal to enclose the balcony would have an adverse effect of increasing the perceived bulk of the building from the streetscape. This increased bulk would be detrimental to the buildings appearance and the character of the streetscape as well as the two adjoining heritage items as well.

Yes

 

 

 

 

 

 

 

No

 

Side and rear setbacks

Buildings (including balconies) maintain a minimum average setback (measured for the length of the building along that boundary) of 5

metres from any side boundary

 

No part of the building is closer than 3.5 metres from any side boundary.

 

Buildings (including balconies) maintain a minimum average setback (measured for the length of the building along that boundary) of 8 metres from the rear boundary

 

No part of the building is closer than 6 metres from the rear boundary.

No change is proposed from the existing side setbacks.

 

 

 

 

 

 

 

 

No change is proposed from the existing side setbacks.

 

 

 

No change is proposed from the existing rear setback.

 

 

 

 

 

 

 

No change is proposed from the existing rear setback.

Yes

 

 

 

 

 

 

Yes

 

 

Yes

 

 

 

 

 

Yes

 

Density

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

The enclosure of the balcony of unit 11 will increase the buildings overall bulk as well as detract from the overall appearance of the building and compromise the existing architectural integrity. The piecemeal enclosure of the balcony would also set an undesirable precedent for the flat building.

No

 

Privacy

P1

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 enclosure of the balcony off the main living area of unit 11 changes its use and creates a main living area with direct horizontal views (less than 10m) into bedrooms of the adjoining property 19 Carr Street.

 

No

 

Private open space

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P3

Private open space :

 

- Provides privacy for its users;

 

- is readily accessible from the main living areas of the dwelling so that it can become an extension of the dwelling;

- provides opportunities for outdoor recreation and living.

 

Note:

The piecemeal enclosure of balconies on buildings, in particular where a precedent on existing buildings does not exist, is strongly discouraged.

 

 

Enclosed balconies are included in the calculations of floor space.

 

 

Whilst the enclosure of the balcony will eliminate some private open space, Unit 11 has a separate terrace which accounts for 25.8m of private open space.

 

 

 

 

 

 

 

The unauthorised enclosure of other balconies to the subject building does not set a precedent for the proposed enclosure of the balcony.

 

 

The non-compliance of the floor space ratio has been addressed previously.

 

Yes

 

 

 

 

 

 

 

 

No

 

 

 

No

 


Development Control Plan – Heritage Conservation Areas and Heritage Items

Clause

Standard

Check

y/n

Heritage Conservation Areas and Heritage Items

P1  Design and construction of development:

§ Compliments architectural character of adjacent items or the conservation area;

§ Retains the identified significance of the item or area;

§ Pays attention to the nature of design in terms of massing, style, roof pitch, window design and proportion, and external materials; and

P2 Respects nearby heritage buildings.

P3 The design is in accordance with heritage advice.

P4  New development:

§ Maintains a curtilage between heritage buildings and new buildings;

§ Is massed to provide transition in scale between old and new; and

 

Heritage items (listed under the RLEP 1998) are located at the following adjoining sites:

·      15 Carr Street

·      21 Carr Street

 

The piecemeal enclosure of the balcony of unit 11 will detract from the generally neutral backdrop which the subject building provides to the two heritage items. 

 

 

 

 

The proposed work will detract from the consistency in design of the existing building.

 

 

The subject building has one other balcony enclosures which was done without council consent as such if the proposed enclosure is approved it will create an unwanted and undesirable precedent making it difficult to refuse further balcony enclosures within the building which would further detract from the architectural integrity  of the building.

 

 

 

 

 

 

No

 

 

 

 

 

 

 

 

 

 

 

No

 

 

 

 

 

No

 

 

Council Urban Design Policy – Design Ideas for Rejuvenating Residential Flat Buildings

 

The Design Policy – Design Ideas for Rejuvenating Residential Flat Buildings has the aim of promoting design excellence in the refurbishment of walk-up flat buildings. 

 

Key Design Principles

Compliance

y/n

 

- Internal amenity

 

 

 

- Streetscape appearance

The proposed balcony enclosure will improve the internal amenity of the occupants and will not remove all available private open space, as the occupants have a separate terrace.

 

The proposed balcony enclosure of unit 11 will adversely affect the built form of the residential building increasing to the perceived bulk and scale of the building. The piecemeal enclosure of the balcony will create precedence for other units within the building and in the surrounding area; this will have detrimental impacts to the visual appearance and the streets character as well as loss of heritage significance to neighbouring properties.

Yes

 

 

 

No

 

 

6.    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

 

The proposal is does not meet the relevant assessment criteria and the objectives and performance requirements of the DCP – Multi Unit Housing, creating an undesired and unwanted precedence  for the piecemeal enclosure of balconies, which will result in significant adverse impacts upon the bulk of the building, its architectural integrity as well as the desired character for the locality.

 

 

Recommendation

 

A.     That Council does not support the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 32 of the Randwick Local Environmental Plan 1998, relating to floor Space Ratio on the grounds that the proposed development is inconsistent with the objective of the clause and will adversely affect the amenity of the surrounding locality.

 

B.     That Council, as the consent authority, refuse consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.DA/542/2011 for the enclosure of an existing balcony for unit 11 at 98 Mount Street, Coogee, for the following reasons:

 

1.   The additional floor area to the building resulting from the enclosure of the balcony will not comply with the maximum floor space ratio of 0.9:1, and purpose of Clause 32 of the Randwick LEP 1998.

 

2.   The proposed enclosure of the existing balcony does not meet the objectives of the DCP for Multi Unit Housing which discourages piecemeal enclosure of balconies as it will add to the perceived bulk of the building, it will also detract from the overall appearance of the building and compromise it’s existing architectural integrity.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                            20 September 2011

 

 

Director City Planning Report No. CP90/11

 

 

Subject:                  281 Clovelly Road, Clovelly (DA/413/2011)

Folder No:                   DA/413/2011

Author:                   Chahrazad  Rahe, Assessment Planner     

 

Proposal:                     Alterations and additions to the existing semi-detached dwelling including new first floor level and front and rear first floor balconies

Ward:                      North Ward

Applicant:                Brain Stewart (Cape Cod Australia Pty Ltd)

Owner:                         Neil & Sally Smallman

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


Executive Summary

 

As per Council’s advice, semi-detached dwelling houses in the Residential 2A Zone should be classified as an attached dual occupancy. As the proposal is now classified as an attached dual occupancy and not a dwelling house the development standards contained in the RLEP 1998 (Consolidation) now apply.

 

The subject application is referred to Council for determination as the proposed development involves variation to the FSR development standard under the LEP by more than 10% (being 21.42%).  If the application was assessed against the provisions of the DCP-Dwelling Houses which were the relevant controls prior to the new classification of semis, the preferred solution FSR would be 0.65:1 rather than 0.5:1.

 

The subject application is for alterations and additions to the existing semi-detached dwelling including new first floor level and front and rear first floor balconies.

  

The application was notified from 9 June 2011 to 23 June 2011 in accordance with DCP – Public Notification of Development Proposals and Council Plans. No submissions were received at the conclusion of the public consultation process. 

 

The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2A Zone, in that the development will deliver lower density residential housing, which is compatible with the desired character of the locality.

 

The proposal has a floor space ratio of 0.7142:1, which equates to 173.49m2 GFA. The proposal does not comply with the maximum permissible FSR of 0.5:1 under RLEP 1998. The applicant has submitted an objection under SEPP No. 1 justifying that the breach will not result in significant adverse amenity or visual impacts on the area. The scale, proportion and massing of the proposed dwelling house are considered to be appropriate to the site and the surrounding built environment. The objection has been assessed and is supported.

 

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

 

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

 

1.    The Proposal

 

The subject application is for alterations and additions to the existing semi-detached dwelling by minor internal alterations on the ground floor level to provide for an open plan living area to the rear of the dwelling which consists of a new living room, kitchen and meals area.  The proposal also includes new first floor addition consisting of two bedrooms, a study room, bathroom; and front and rear first floor balconies.

 

2.    The Subject Site and Surrounding Area

 

The site is located on the Northern side of Clovelly Road, Clovelly and the rear boundary adjoins Susan Lane. 

 

The site is generally rectangular in form and has a frontage width of 6.145m, a depth of 39.625m to the eastern side boundary, a rear boundary width of 6.095m.  The site has an overall area of 242.9m2.

 

At present, the site is occupied by a single storey brick semi-detached dwelling with tiled roof. The locality is characterised by a mixture of lower density attached and detached residential developments, residential flat buildings and commercial buildings.

 

3.    Site History

 

There is no relevant history related to this development application.

 

4.    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

Existing building

0.487:1 (118.29m²)

Proposal

0.7142:1 (or 173.49m²)

LEP development standard

0.5:1 (121.45m2)

Excess above or less than the LEP standard

21.42% excess (52.04m2)

 

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:

 

-      Notwithstanding non compliance with the standard the objectives of the development standard are achieved.

 

-      The variation sought is not significant and the proposed building bulk, scale and floor space ratio is consistent with the built form of the surrounding developments.

 

-      In the context of the small site area when compared to the FSR standard (formulated to apply to large minimum allotment sizes in the LEP) an FSR of 0.7142:1 on a 242.9m² site area is not unreasonable in terms of environmental capacity.

 

-      The proposal is fully compliant with both the height and landscape controls under the LEP and DCP.

 

-      A fully compliant development on an allotment of this size would be difficult to achieve and will result in no additional first floor level or a significantly reduced first floor level which would be an unreasonable level of amenity.

 

Assessment officer’s comments

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 has an FSR of 0.7142:1 (or 173.49m²) which exceeds the maximum FSR of 0.5:1 permitted for this site as stipulated in the LEP.  Whilst the development does not comply with the LEP requirement it is considered that the affects of the additional building bulk will not adversely impact the amenity of the adjoining properties. 

 

The proposal is deemed to satisfy the performance requirement of DCP – Dwelling Houses & Attached Dual Occupancies, namely, that the building bulk is generally compatible with the surrounding built forms and will not result in significant additional building bulk that will dominate the site or detract from the character of the streetscape or surrounding area.

 

The proposed alterations and additions to the dwelling, in particular the upper level addition, will not be out of keeping with the nature of the surrounding development which includes numerous examples of similar upper level additions to other semi detached dwellings that are of consistent bulk and scale.

 

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

 

The proposal will not become a distracting visual element in the area and is not considered excessive in respect to bulk and scale. The proposed development maintains the general footprint of the existing building.

 

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

 

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

 

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

 

In conclusion, the submitted SEPP 1 objection has addressed the consistency of the proposed development with the underlying and stated purposes of the standard, the local planning objectives for the locality and objectives of the Act. The objection has appropriately justified that 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 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 use of the land, and would not result in significant adverse environmental or social impacts.

 

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

 

Matter 3

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

 

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

 

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

 

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

Second

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

 

Comments:

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

Third

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

 

Comments:

The underlying objective of the standards would not be defeated or thwarted as full compliance in this instance is unreasonable. The proposed floor space ratio will not result in detrimental streetscape or amenity impacts on the locality. The resultant built form and scale are compatible with the surrounding residential premises and represent a suitable development.

Fourth

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

 

Comments:

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

 

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

 

Fifth

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

 

Comments:

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

 

 

5.    Community Consultation

 

The proposal has been notified in accordance with the Local Environmental Plan 1998. As a result of the notification, no submissions were received.

5.1 Support

No submissions in support of the proposal were received.

 

6.    Technical Officers Comments

 

No referral is required for this development application.

 

7.    Master Planning Requirements

 

No Master Planning Requirements apply to the site.

 

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998 (Consolidation)

 

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

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

 

The proposal is considered to be consistent with the aims of RLEP 1998 and the specific objectives of the zone in that the proposed development will not compromise the desirable attributes of the residential area, environmental qualities and social amenity of the locality.

 

As the development is classified as an attached dual occupancy, the following Clauses of the LEP 1998 apply to the proposal:-

 

Part 2b – Principal Development Standards

a. 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 existing landscaped area on the subject site is approx. 47.51% (or 115.42), this will not be altered.

 

b. Clause 20F Floor Space Ratios

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

 

The site has an area of 242.9m2 and a maximum gross floor area (GFA) of 121.45m2 is permissible. As identified in Section 5 of this report, the proposal has a total floor space ratio of 0.7142:1 (or 173.49m²) which exceeds the allowable maximum permitted for this site as stipulated in the control. A SEPP 1 Objection to this standard has been lodged by the applicant for consideration. The SEPP 1 assessment process concluded that the variation is not excessive and is supported in this application.

 

c. Clause 20G Building Heights

The maximum height for a building other than a dwelling house within a 2A zone is 9.5m from any point on ground level with a maximum external wall height of 7m.  The proposal has an overall height of 8.4m and a maximum external wall height of 6.7m; the development will comply with both of these height controls.

 


Part 3 – Miscellaneous Provisions

a.      Clause 22 – Services

The Council may grant consent to the carrying out of development on any land only where it is satisfied that, when relevant to the proposed development, adequate facilities for the supply of water and for the removal or disposal of sewage and drainage are available to that land.

 

The proposal will require additional services. A specific condition is recommended to require the applicant to make all necessary arrangements with the service authority for any adjustments to the utility services connections. The proposal will comply, subject to conditions.

 

Policy Controls

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

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

 

Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

The existing landscaped area on the subject site is approx. 47.51%, this will not be altered.

 

25m² of private open space provided.

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

Open space behind the building line.

20% of the site area is permeable.

Floor area

LEP requirement for dual occupancies is 0.5:1.  For dwelling it is 0.65:1.

0.7142:1.

 

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

 

Height, Form & Materials

External wall height maximum 7m

The building has a maximum external wall height 6.7m.

 

Yes

External wall height to the rear maximum 3.5m.

 

n/a

n/a

Cut or fill maximum 1m.

The cut and fill for the proposed wine cellar exceed the maximum 1m.

 

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

 

No excavation within 900 mm of a side boundary.

There will be no significant excavation within 900mm of the side boundaries. 

 

Yes

 

No excavation within 4m of a rear boundary.

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

 

Yes

 

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

The southern side of the dwelling is to the front.

 

n/a

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

The first floor addition is located behind a substantial portion of the front roof form of the existing dwelling and will not be significantly visible from the street.  The form and character of the existing and adjoining semi will be maintained.

 

Yes

Building setbacks

 

Front setback average of adjoining dwellings or 6m

The first floor addition is setback 10m from the front boundary; and the front balcony is setback 8.5m.

 

Yes

Rear boundary setback at least 4.5m

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

 

Yes

 

 

Side setbacks be 900mm at ground level.

Not altered. 

n/a

  

 

Side setbacks be 1.5m at second floor level.

Eastern side boundary: The dwelling is setback 900m.

 

Western side boundary: The dwelling is sited on the common wall boundary with no. 279 Clovelly Road with a nil setback.

 

Northern side boundary: - No, See comments below.

 

Southern side boundary: - No, See comments below.

 

Side setbacks be 3.0m at third floor level.

n/a

n/a

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

 

To the western side of the dwelling the first floor addition is sited on the boundary with a nil setback. To the eastern side the first floor addition is setback 900mm from the boundary not complying with the preferred solution requirement of the DCP.

 

Whilst the eastern side setback of the development does not meet the preferred solution requirements of the DCP, it is not considered that the proposed development will have an unreasonable environmental impact on the neighbouring dwellings in terms of privacy, access to daylight or fresh air nor will it impact on the character of the existing building.  It is therefore considered that the development will comply with the relevant objectives and performance criteria of the DCP.

 

The DCP allows for buildings to be sited less than the Preferred Solution when it is proposed to extend an existing semi-detached dwelling along the alignment of the common wall boundary.  The western side of the first floor addition is sited on the common wall boundary between No.’s 279 & 281 Clovelly Road.  It is not considered that the nil setback will have any unreasonable impacts to the adjoining dwellings in terms of privacy, access to daylight and fresh air as it abuts onto the neighbouring properties blank wall.  Further, the nil setback will not adversely impact the streetscape or character of the existing semi’s.

 

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.

There are no new openings proposed to the ground floor level of the dwelling.  The new openings to the front and rear elevations will primarily overlook the street and rear yard of the subject site respectively.   Also, to the rear is a significantly high retaining wall which blocks any overlooking to adjoining properties.

 

The new openings to the eastern elevation W2 & W6 are to bedrooms.  It is not anticipated these windows will generate any unreasonable capacity to overlook into No. 279 Clovelly Road Street and are deemed to be acceptable as bedrooms are not considered to be areas of high traffic and do not generate substantial overlooking impacts. Also, it is expected that internal privacy measures will be used within the bedrooms.  Window W3 is of obscure glazing and will have no privacy impacts on neighbouring properties. However, windows W4 and W5 may impose a privacy impact on the adjoining properties and for this reason a condition is included which requires these windows to be fixed and constructed with obscure glazing to a height of 1.5m above floor level.

 

Note: No objections were received by the adjoining properties in relation to privacy loss.

 

Yes

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

There will be no unreasonable direct overlooking into private open spaces of adjoining properties.  Privacy screens are provided to the first floor balcony at the rear of the dwelling and the balcony will primarily overlook the rear yard of the subject site and significantly high retaining wall.

 

The balcony at the front will primarily overlook the front yard of the subject site and street.

 

Yes.

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

Discussed above.

Yes, conditioned to comply.

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 significant reduction.

Yes

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

 

 

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

No impact to existing solar collectors

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

There will be no unreasonable overshadowing impacts to adjoining properties. The majority of the additional overshadowing will be to the front yard of the subject site and street.

 

 

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.    Randwick Section 94A Development Contributions Plan

 

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

 

Category      

Cost

Applicable Levy

S94A Levy

Development cost more than $200,001

 

$261,287

01%

$ 2612.87

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

 

10. Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

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

 

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

The proposal is consistent with the draft Planning proposal (Semi-detached dwellings).

 

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

No submissions have been received for 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.

 

Building Sustainability Index: BASIX

SEPP 2004.

 

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

 

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

 

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.

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

 

Conclusion

 

The proposed development satisfies the objectives and performance requirements of the DCP for Dwelling Houses & Attached Dual Occupancies. The proposal will improve the amenity on the site and is consistent with the relevant purposes and objectives of Randwick LEP 1998 (Consolidation). 

 

The purpose of the floor space ratio standard is to ensure the bulk and scale of the development is compatible with the surrounding development. The proposal is considered acceptable on the basis that it will not result in significant additional building bulk that will dominate the site or detract from the character of the streetscape or surrounding area; and the building bulk is generally compatible with the surrounding built forms.

 

The development provides greater levels of functionality within the building and the deviation from the FSR standard in this instance is acceptable.

 

Subject to conditions, it is not considered that the development will give rise to any significant environmental impacts on adjoining properties, or have any unreasonable adverse impacts on the visual amenity and character of the street.

 

Overall, the proposed development is considered acceptable and is recommended for approval.

 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/413/2011 for alterations and additions to the existing semi-detached dwelling including new first floor level and front and rear first floor balconies at No. 281 Clovelly Road, Clovelly, 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

7277/10 (Sheet  1 of 6)

Cape Cod Australia

02/06/2011

6 June 2011

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Cape Cod Australia

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6 June 2011

7277/10 (Sheet 3 of 6)

Cape Cod Australia

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6 June 2011

7277/10 (Sheet 4 of 6)

Cape Cod Australia

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6 June 2011

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Cape Cod Australia

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6 June 2011

7277/10 (Sheet 6 of 6)

Cape Cod Australia

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6 June 2011

 

BASIX Certificate

No.

Dated

Received

 

A113483

1 June 2011

6 June 2011

 

Amendment of Plans & Documentation

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

 

a.          The openings within the proposed privacy screens must not exceed 25% of the area of the screen to ensure reasonable levels of privacy are maintained to the neighbouring properties.

 

b.           Window No’s. W5 & W4 on the eastern elevation of the proposed first floor addition must be fixed to a height of at least 1.5m above floor level and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height. Alternatively, external louvers angled in an upward direction to prevent overlooking to neighbouring properties shall be provided to these windows. The BASIX certificate is to be amended to reflect the above changes. Details of compliance are to be provided in the construction certificate plans.

 

 

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

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 external colours & finishes schedule shall be in general accordance with the documentation prepared by Cape Cod Australia and received by Council on 6 June 2011.

 

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $261,287, the following applicable monetary levy must be paid to Council: $2,612.87.

       

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

 

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

 

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.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

 

 

Compliance with the Building Code of Australia

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

 

Structural Adequacy

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

 

Smoke Alarms

9.       Smoke alarms are required to be installed in accordance with the relevant provisions of the Building Code of Australia (volume 2) smoke alarms must comply with AS3786.  Smoke alarms must 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.

 

BASIX Requirements

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

 

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

 

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

 

Energy & Water Efficiency

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

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

 

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

 

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

 

 

Stormwater Drainage

12.     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 the relevant requirements 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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

 

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

 

Temporary Site Fencing

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

 

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

 

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

 

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

 

Construction Site Management Plan

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

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

·        location of site storage areas/sheds/equipment;

·        location of building materials for construction;

·        provisions for public safety;

·        dust control measures;

·        site access location and construction

·        details of methods of disposal of demolition materials;

·        protective measures for tree preservation;

·        provisions for temporary sanitary facilities;

·        location and size of waste containers/bulk bins;

·        details of proposed sediment and erosion control measures;

·        provisions for temporary stormwater drainage;

·        construction noise and vibration management;

·        construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

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

·        Details of hazardous materials (including asbestos)

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

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

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

·        Methods and location of disposal of any hazardous materials (including asbestos)

·        Other relevant details, measures and requirements to be implemented

·        Details of re-use, recycling and disposal of waste demolition/building materials

·        Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

Sydney Water

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

 

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

 

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

 

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

 

 

 

Public Utilities

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

 

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 


Inspections During Construction

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.

 

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

 

Site Signage

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

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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.

 

Demolition Work Requirements

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

 

·            Occupational Health & Safety Act 2000 & Regulations

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

·            WorkCover NSW Guidelines and Codes of Practice

·            Australian Standard 2601 (2001) – Demolition of Structures

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

·            Relevant DECCW/EPA Guidelines

·            Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

·           Randwick City Council’s Asbestos Policy

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

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

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

 

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

 

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

 

Sediment & Erosion Control

27.     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

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

·       Building materials, sand, soil, waste materials, construction equipment or other articles must not be placed upon the footpath, roadway or nature strip at any time.

 

·       The road, footpath, vehicular crossing and nature strip must be maintained in a good, safe, clean condition and free from any excavations, obstructions, trip hazards, goods, materials, soils or debris at all times.  Any damage caused to the road, footway, vehicular crossing, nature strip or any public place must be repaired immediately, to the satisfaction of Council.

·       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.

·       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.

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

 

Support of Adjoining Land, Excavations & Retaining Walls

29.     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.

 

30.     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.

 

31.     Prior to undertaking any demolition, excavation or building work in the following circumstances, a report must be obtained from a professional engineer which details the methods of support for the dwelling or associated structure on the adjoining land, to the satisfaction of the Principal Certifying Authority:

·      when undertaking excavation or building work within the zone of influence of the footings of a dwelling or associated structure that is located on the adjoining land;

·      when undertaking demolition work to a wall of a dwelling that is built to a common or shared boundary (eg. semi-detached or terrace dwelling);

·      when constructing a wall to a dwelling or associated structure that is located within 900mm of a dwelling located on the adjoining land.

 

The demolition, excavation and building work and the provision of support to the dwelling or associated structure on the adjoining land, must also be carried out in accordance with the abovementioned report, to the satisfaction of the Principal Certifying Authority.

 

Building Encroachments

32.     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

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

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

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

 

Occupation Certificate Requirements

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

 

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

 

BASIX Requirements

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

 

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

 

Occupant Safety

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

 

Options may include one or more of the following measures:

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

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

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

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

·        Other appropriate effective safety measures or barrier.

 

The relevant measures must be implemented prior to the issue of an occupation certificate.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

 

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

 

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

 

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

 

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

 

 

OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

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

 

Use of premises

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

 

External Lighting

39.     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 – Rainwater Tanks

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

 

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

 

Rainwater Tank Requirements

41.     The installation of rainwater tanks shall comply with the following noise control requirements:-

 

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

 

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

 

b)   Plant and equipment associated with rainwater tanks are to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

c)   The operation of plant and equipment associated with rainwater tanks are to be restricted to the following hours if the noise emitted can be heard within a habitable room in any other residential premises:

 

·      before 8.00am or after 8.00pm on weekends or public holiday; or

·      before 7.00am or after 8.00pm on weekdays.

 

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.

 

A1      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.

 

A2      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.

 

A3      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.

 

A4      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.

 

A5      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.

 

A6      Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the Certifying Authority.

 

A7      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.

 

A8      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

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

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

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

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

 

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

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                            20 September 2011

 

 

Director City Planning Report No. CP91/11

 

 

Subject:                  19 Courland Street, Randwick (DA/133/2011)

Folder No:                   DA/133/2011

Author:                   Chahrazad  Rahe, Assessment Planner     

 

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

Ward:                      East Ward

Applicant:                Mr D J Dix

Owner:                         Mr D J Dix & Ms M Mulcahy

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan


Executive Summary

 

The application has been referred to Council for determination at the request of Councillors Bowen, Stevenson, Tracey, Woodsmith and Matson (Mayor). The Development Application seeks consent for alterations and additions to the existing semi-detached dwelling house including the construction of a new first floor addition with rear balcony. 

   

Amended plans were received on 1 July 2011. The amendments were provided to address issues identified by Council in relation to the bulk and scale of the development, side setbacks of the building and overshadowing impacts.

 

The original proposal was notified to the surrounding properties and seven (7) objections were received during the notification period. The main issues raised related to excessive FSR, perceived bulk and scale, parking, and the impact on existing residential amenity in terms of privacy (visual and acoustic) and loss of sunlight. 

 

The subject site is zoned 2B under RLEP 1998 (Consolidation). The proposal has an FSR of 0.665:1, which exceeds the LEP development standard by 0.015:1. The applicant has submitted a SEPP 1 Objection to vary the standard. The objection has been assessed and is supported.

 

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

 

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

 

1.    The Proposal

 

The subject application is for alterations and additions on the ground floor level to the rear of the existing dwelling to provide for an open planning living area with new family room, kitchen, dining room and laundry. The proposal also includes a new first floor level containing 3 bedrooms, a bathroom, en-suite and balcony.

 

The original proposal has been amended to address Council’s concerns and includes the following changes:

 

·      Increase in the setback of the proposed first floor addition with the majority of the southern external wall being setback 1.5m from the boundary; and

·      a skillion roof is incorporated over the section of the southern wall that is closer than 1.5m to reduce the overall external wall height.

 

Note: The assessment in this report is based on the amended plan numbered 13/11, dated 24/06/2011 and received by Council on 1 July 2011.

 

2.    The Subject Site and Surrounding Area

 

The subject site is located on the eastern side of Courland Street, Randwick, and its closest intersection is to Coogee Street. 

 

The site is rectangular in form and has a frontage width of 6.77m, a side depth of 40.235m and a rear width of 6.63m.  The site has an overall area of 270.2m² and is relatively flat.

 

At present, the site is occupied by a single storey brick semi-detached dwelling with a tile roof.  To the southern side the subject site abuts onto 5 properties which face Coogee Street. 

 

The surrounding locality is predominantly characterised by a mixture of lower density attached and detached residential developments and a number of residential flat buildings.

 

3.    Site History

 

There is no relevant history related to this development application.

 

4.    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 2B Zones is 0.65:1 respectively. The proposed variation is summarized in the table below:

 

 

Floor space ratio

Existing building

0.36:1 (98m²)

Proposal

0.665:1 (179.81m2 )

LEP development standard

0.65:1 (175.63m2)

Excess above or less than the LEP standard

2.4% excess (4.18m2)

 

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

 

Matter 1

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

 

FSR - Clause 20F

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

 

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

 

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

 

·           The proposal will have an FSR of 0.66:1 by definition under Randwick Local Environmental Plan. This exceeds the control by 1% which does not materially add to the bulk and scale of the altered building and the non-compliance with the control is minimal and should be supported.

 

·           The proposal will be consistent with other two storey buildings in the immediate locality which is also sprinkled by large 3 storey residential flat buildings. 

 

·           The objective of the standard will be met as other controls such as site coverage and height have been met and together with floor space will not detract from the environmental amenity or aesthetic character of the area.

 

·           The minor variation in the control will not result in any adverse effect on the streetscape or adjoining premises as the excess in floor area equates to 4 square metres.

 

Note: Council’s record indicates that the site is zoned 2B rather than 2A and therefore, the provisions within 2B zone differ to that of 2A. The applicant was not aware at the time of the submission that the maximum FSR permitted for this site as stipulated in the LEP is 0.65:1 rather than 0.5:1. 

 

Assessment officer’s comments

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 has an FSR of 0.66:1 (or 179.81m²) which exceeds the maximum FSR of 0.65:1 as stipulated in the LEP.  Whilst the development does not comply with the LEP standard, it is considered that the additional building bulk will not adversely impact the amenity of the adjoining properties. 

 

The proposal is deemed to satisfy the performance requirement of DCP – Multi Unit Housing, namely, that the building bulk is generally compatible with the surrounding built forms and will not result in significant additional building bulk that will dominate the site or detract from the character of the streetscape or surrounding area.

 

The proposed alterations and additions to the dwelling, in particular the upper level addition, will not be out of keeping with the established built form of the surrounding development which includes numerous examples of similar upper level additions to other semi detached dwellings that are of consistent bulk and scale and two storey free standing dwellings.

 

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

 

The proposal will not become a distracting visual element in the area and is not considered excessive in respect to bulk and scale. The proposed development maintains the general footprint of the existing building.

 

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

 

A complying development would be imperceptible from the proposal and the form of the building would not be any different to that which has been proposed.

 

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

 

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

  

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

 

Matter 2

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

 

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

 

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

 

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

 

The variation from 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 multi unit housing 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 and there is no public benefit in maintaining the control.

 

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 floor space ratio development standard.

Second

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

 

Comments:

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

Third

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

 

Comments:

The underlying objective of the standards would not be defeated or thwarted as full compliance in this instance is unreasonable. The proposed floor space ratio will not result in detrimental streetscape or amenity impacts on the locality. The resultant built form and scale are compatible with the surrounding residential premises and represent a suitable development.

Fourth

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

 

Comments:

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

 

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

Fifth

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

 

Comments:

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

 

5.    Community Consultation

 

The owners of adjoining and likely affected neighbouring properties were notified of the original proposal in accordance with the DCP – Public Notification. The amended proposal was not notified due to reduction in impact on neighbouring properties. As a result of the notification, the following submissions were received:

 

5.1 Objections

 

47 Coogee Street, Randwick

Issue

Comment

Concerned about the substantial second storey addition, would like it to be reduce in size to allow sunlight in the winter months.

An amended plan was received increasing majority of the southern side setback to 1.5m; this amendment will result in some improvement in solar access to the rear yards of the north-facing properties. Also, the external wall height of the development is less than 7m which complies with the preferred solution, objectives and performance requirements of the DCP.

 

The additional overshadowing is unavoidable and is largely due to the orientation of the site rather than poor design. The shadow diagrams submitted indicate that the objector’s property will receive some sunlight to their north facing windows and yard in the afternoon; this is not unreasonable given the orientation of the site.

 

It is therefore considered that the amended development is reasonable given the orientation of the site and will satisfy the objectives and performance requirements of the DCP.

 

48 Coogee Street, Randwick

Issue

Comment

The developments which have been approved in the area over the years have been diminishing their quality of life. Concerned that the impact of a large house on a small block of land will have on their life style. They have stressed the loss of natural sunlight, privacy and lifestyle is precious as this city is overdeveloped.  The building beside them is close to their home and they can hear everything. 

It should be noted that 19 Courland Street is not directly located next to the objector’s property and these issues raised are not relevant to this application.

 

However, an amended plan was received as recommended by Council reducing the scale of the development by increase of the southern side setback to the first floor level of the development to 1.5m except the centre section has a setback of 1.07m.  Whilst the proposal does not comply with the preferred requirements of the DCP it is not considered that the development will have any unreasonable adverse impacts to the adjoining dwellings in terms of privacy, access to daylight and fresh air. The centre section of the building incorporates a skillion roof, which reduces the overall external wall height of the development and will slightly improve the visual impact of the building and natural light into the neighbour’s rear yards.

 

The proposal is considered to satisfy the objectives and performance requirements of the DCP.

 

Parking concerns – lack of parking in an already congested small street.

The existing dwelling currently contains 2 bedrooms and the proposal will increase the number of bedrooms to 5.

 

Under Council’s Parking DCP, a multi unit housing development with 3 or more bedrooms will require the provision of 1.5 car spaces. The existing dwelling does not provide any off-street parking facilities.

 

The proposal is subject to existing constraints in that no off-street parking could be provided unless substantial changes or partial demolition of the existing building are involved.  Additionally, to provide a driveway crossing in that location would involve reduction of at least 1 to 2 kerb side parking spaces. Therefore, the benefit of providing on-site parking would be offset by the reduction of kerb side spaces, result in no net benefits to the neighbourhood.

 

Having regards to the scope of the works, the proposal is considered to be acceptable in its current form and the overall planning benefits of the proposed development outweigh the deficiency.

 

49 Coogee Street, Randwick

Issue

Comment

The proposed FSR of 0.73:1 does not comply with Randwick Council’s DCP and is significantly over the allowable FSR of 0.5:1. The size of the first floor addition should be reduced to comply with Council requirements.

As discussed above an amended plan was received as recommended by Council reducing the scale of the development by increase of the southern side setback to the first floor level of the development. 

 

Council’s record indicates that the site is zoned 2B rather than 2A and therefore, the provisions within 2B zone differ to that of 2A. The maximum FSR permitted for this site as stipulated in the LEP is 0.65:1.  The amended plans have reduced the FSR to 0.66:1. Whilst the amended proposal still fails to comply with the LEP requirement, the non compliance is marginal and the additional floor area will not result in any significant adverse impact upon the amenity of the adjoining properties or the character of the streetscape.

 

The bulk and scale of the development is generally consistent with other two storey development within the area and is considered to comply with the relevant objectives and performance requirements of the DCP for Dwelling Houses & Attached Dual Occupancies.

 

The building setback to the southern side does not comply with Council’s DCP.

As discussed above an amended plan was received as recommended by Council reducing the scale of the development by increasing the southern side setback to the first floor level of the development to 1.5m except the centre section has a setback of 1.07m.  Whilst the proposal does not comply with the preferred requirements of the DCP it is not considered that the development will have any unreasonable adverse impacts to the adjoining dwellings in terms of privacy, access to daylight and fresh air. The centre section of the building incorporates a skillion roof, which reduces the overall external wall height of the development and will slightly improve the visual impact of the building and natural light into the neighbour’s rear yards.

 

The proposal is considered to satisfy the objectives and performance requirements of the DCP.

 

The first floor addition will overlook their rear boundary and will have a significant impact by way of loss of sunlight, peace and privacy.  They currently enjoy privacy and northern light in their rear yard, concerned that the development will have a significant impact to their rear yard and dwelling.

There will be no unreasonable overlooking from the proposed rear balcony as the objector’s yard is located to the south of the subject site behind the rear balcony.  However, the proposed windows W2, W3 & W7 along the southern side boundary may impose a privacy concern and for this reason a condition is included requiring these windows to be fixed to a height of 1.5m and be provided with obscure glazing below this height.  Also, it is recommended that W9 on the ground floor level to the southern elevation have a sill height of 1.5m from the ground floor level, to prevent overlooking to neighbouring properties’ rear yards.

 

In relation to loss of sunlight this is unavoidable given the orientation of the site.  It is not considered that the overshadowing impacts of the proposed development are unreasonable or significant enough to warrant refusal of the application.  Whilst it is acknowledged that there will be some additional overshadowing as a result of the proposed works, the amended plans show that majority of the first floor addition from the southern side boundary being setback 1.5m with the exception of the centre section which incorporates a skillion roof to reduce the overall external wall height.  Also, the height of the dwelling is less than 7m which complies with the preferred solution requirement of the DCP.

 

The windows on the southern boundary will impact on their privacy and result in increased noise and intrusion into their living space.

Agreed and a condition has been included requiring the following windows W2, W3 & W7 to be fixed to a height of 1.5m and be provided with obscure glazing below this height. Also, it is recommended that W9 on the ground floor level to the southern elevation have a sill height of 1.5m from the natural ground level, to prevent overlooking to neighbouring properties’ rear yards.

 

The proposed balcony to the rear will further impact on their privacy, noise and overlooking.

The proposed rear upper floor balcony is off a bedroom. It is not anticipated that this balcony will generate any unreasonable capacity to overlook into the objectors property and is deemed to be acceptable for the following reasons:

 

·       Balconies off bedrooms are not considered to be areas of high traffic and do not generate substantial overlooking and noise impacts.

 

·       The balcony will primarily overlook the rear yard area of the subject site and 1.8m high privacy screens have been provided to both ends of the balcony which will limit overlooking into the rear yards of adjoining properties.

 

·       Also, it should be noted that the objector’s yard is located to the south of the subject site behind the proposed rear balcony.

 

There is too much bulk to the rear yard, would like the addition to be moved more forward to front of the dwelling to considered not only the front streetscape but the amenity of the adjoining properties.

Council DCP requirement is that second storey additions to semi-detached dwellings should integrate with the streetscape and the adjoining semi-detached dwelling.  In order to achieve Council requirement, the front roof form of the dwelling is required to be retained unless the semi’s are simultaneously being constructed. In this particular case both semi’s are not simultaneously being constructed and the location of the first floor addition is not unreasonable in order for the proposed works to be sympathetic to the adjoining semi and streetscape.  Moreover, there is a sufficient setback of 10.9m from the rear of the dwelling to the boundary to allow neighbouring properties adequate access to sunlight, fresh air and privacy.

 

2/51 Coogee Street, Randwick

Issue

Comment

The proposed development is too large for the available land and significantly exceeds the Council’s FSR and minimum setback requirements.  The Council’s setback requirements should be enforced for privacy reasons.  The bulk of the development adversely impacts upon neighbouring properties and the design creates the potential for privacy and noise issues.

As discussed above, an amended plan was received as recommended by Council reducing the scale of the development by increase of the southern side setback to the first floor level of the development. 

 

Council’s record indicates that the site is zoned 2B rather than 2A and therefore, the provisions within 2B zone differ to that of 2A. The maximum FSR permitted for this site as stipulated in the LEP is 0.65:1.  The amended plans have reduced the FSR to 0.66:1. Whilst the development still does not comply with the LEP requirement, the non compliance is marginal and it is considered that the affects of the additional building bulk will not adversely impact the amenity of the adjoining properties or the character of the streetscape.

 

The bulk and scale of the development is generally consistent with other development within the area and is considered to comply with the relevant objectives and performance requirements of the DCP for Dwelling Houses & Attached Dual Occupancies.

 

To ensure privacy levels are maintain a condition has been included which requires the following windows along the southern elevation W2, W3 & W7 to be fixed to a height of 1.5m and be provided with obscure glazing below this height.

 

Overshadowing impacts.

It is not considered that the proposed development will have an unreasonable adverse impact on the objector’s property in terms of overshadowing, direct sunlight and fresh air. Whilst it is acknowledged that there will be some additional overshadowing as a result of the proposed additions, this is limited to the afternoon, it is not considered that the additional overshadowing impacts of the proposed development are unreasonable or significant enough to warrant refusal of the application. The additions to the southern side of the dwelling are setback adequately (900mm on the ground level and majority of the dwelling is setback 1.5m on the first floor level with the exception of the centre section which incorporates a skillion roof reducing the overall external wall height) from the objectors property. This should slightly improve the visual impact of the building on the boundary and natural light into their rear yard. Also, the height of the dwelling is less than 7m, which complies with the preferred solution requirements of the DCP.

 

The proposal is considered to satisfy the objectives and performance requirements of the DCP.

 

The proposed rear extension will only add to the sheer bulk of the development and exacerbates the overshadowing issues.

As discussed above, the amended development is not considered to be excessive in bulk and scale nor will it detract from the existing character of the streetscape and adjoining semi.  The overall design, proportioning, scale and form of the development will be compatible with surrounding built forms within the immediate streetscape. The development is not considered to be intrusive and there is adequate separation between the objector’s property and the subject site to allow adequate access to fresh area and daylight.  The development is considered to satisfy the relevant objectives and performance requirements of the DCP for Dwelling Houses and Attached Dual Occupancies.

 

The proposed development makes no provision for parking. Any major redevelopment should include some provision for off-street parking so as to reduce the pressure on an already overly congested area.

The existing dwelling currently contains 2 bedrooms and the proposal will increase the number of bedrooms to 5.

 

Under Council’s Parking DCP, a multi unit housing development with 3 or more bedrooms will require the provision of 1.5 car spaces. The existing dwelling does not provide any off-street parking facilities.

 

The proposal is subject to existing constraints in that no off-street parking could be provided unless substantial changes or partial demolition of the existing building are involved.  Additionally, to provide a driveway crossing in that location would involve reduction of at least 1 to 2 kerb side parking spaces. Therefore, the benefit of providing on-site parking would be offset by the reduction of kerb side spaces, result in no net benefits to the neighbourhood.

 

Having regards to the scope of the works, the proposal is considered to be acceptable in its current form and the overall planning benefits of the proposed development outweigh the deficiency.

 

 

4/51 Coogee Street, Randwick

Issue

Comment

Breaches in regulations regarding the ratio of the development compared to the land size.

As discussed above an amended plan was received as recommended by Council reducing the scale of the development by increase of the southern side setback to the first floor level of the development. 

 

Council’s record indicates that the site is zoned 2B rather than 2A and therefore, the provisions within 2B zone differ to that of 2A. The maximum FSR permitted for this site as stipulated in the LEP is 0.65:1.  The amended plans have reduced the FSR to 0.66:1. Whilst the amended proposal still fails to comply with the LEP requirement, the non compliance is marginal and the additional floor area will not result in any significant adverse impact upon the amenity of the adjoining properties or the character of the streetscape.

 

The bulk and scale of the development is generally consistent with other two storey development within the area and is considered to comply with the relevant objectives and performance requirements of the DCP for Dwelling Houses & Attached Dual Occupancies.

 

Breaches in regulations regarding how far properties must be setback to ensure neighbours peaceful enjoyment of their homes both in terms of noise and privacy.

As discussed above an amended plan was received as recommended by Council reducing the scale of the development by increasing the southern side setback to the first floor level of the development to 1.5m except the centre section has a setback of 1.07m.  Whilst the proposal does not comply with the preferred requirements of the DCP it is not considered that the development will have any unreasonable adverse impacts to the adjoining dwellings in terms of privacy, access to daylight and fresh air. The centre section of the building incorporates a skillion roof, which reduces the overall external wall height of the development and will slightly improve the visual impact of the building and natural light into the neighbour’s rear yards.

 

Subject to a condition which requires the following windows along the southern elevation W2, W3 & W7 to be fixed to a height of 1.5m and be provided with obscure glazing below this height; it is not considered that the development will have any unreasonable adverse impacts to the adjoining dwellings in terms of privacy, access to daylight and fresh air.

 

The proposal is considered to satisfy the objectives and performance requirements of the DCP.

 

Additional parking strain that a property of this magnitude would have on Courland Street and Coogee Street.

The existing dwelling currently contains 2 bedrooms and the proposal will increase the number of bedrooms to 5.

 

Under Council’s Parking DCP, a multi unit housing development with 3 or more bedrooms will require the provision of 1.5 car spaces. The existing dwelling does not provide any off-street parking facilities.

 

The proposal is subject to existing constraints in that no off-street parking could be provided unless substantial changes or partial demolition of the existing building are involved.  Additionally, to provide a driveway crossing in that location would involve reduction of at least 1 to 2 kerb side parking spaces. Therefore, the benefit of providing on-site parking would be offset by the reduction of kerb side spaces, result in no net benefits to the neighbourhood.

 

Having regards to the scope of the works, the proposal is considered to be acceptable in its current form and the overall planning benefits of the proposed development outweigh the deficiency.

 

The proposal will have an overshadowing impact onto their balcony and living room for key parts of the day as well as other residents in the block and surrounding neighbours.  Concerned that this may devaluate their property.

It is not considered that the proposed development will have an unreasonable adverse impact on the objector’s property in terms of overshadowing, direct sunlight and fresh air. Whilst it is acknowledged that there will be some additional overshadowing as a result of the proposed additions this is limited to the afternoon, it is not considered that the additional overshadowing impacts of the proposed development are unreasonable or significant enough to warrant refusal of the application. The additions to the southern side of the dwelling are setback adequately (900mm on the ground level and majority of the dwelling is setback 1.5m on the first floor level with the exception of the centre section which incorporates a skillion roof reducing the overall external wall height) from the objectors property and the height of the dwelling is less than 7m which complies with the preferred solution requirements of the DCP.

 

The proposal is considered to satisfy the objectives and performance requirements of the DCP.

 

In relation to devaluation of their property this issue is not considered to be a planning related matter, which can be addressed under Section 79C of the EP&A Act.

 

The size and height of the development is inconsistent with the surrounding properties which could force other owners nearby to “build up” in retaliation.

As discussed above, amended plans have been received reducing the scale of the development and as detailed in this assessment the additional bulk and scale of the development is not dissimilar to other developments in the streetscape.

 

The height of the dwelling is less than 7m which complies with the preferred solution requirements of the DCP.

 

The proposal therefore will satisfy the objectives and performance requirements of the DCP.

 

The balcony and south side windows would have a perfect line of sight into their living room virtually forcing them to pull the blinds and have their living room in darkness during the day.

The proposed rear upper floor balcony is off a bedroom.  It is not anticipated that this balcony will generate any unreasonable capacity to overlook into the objectors property and is deemed to be acceptable for the following reasons:

 

·       Balconies off bedrooms are not considered to be areas of high traffic and do not generate substantial overlooking and noise impacts.

 

·       The balcony will primarily overlook the rear yard area of the subject site and 1.8m high privacy screens have been provided to both ends of the balcony which will limit overlooking into the rear yards of adjoining properties.

 

·         The balcony is relatively small which limits the number of persons occupying the area.

 

Whilst the windows to the southern side of the dwelling would not unreasonably impact on the objectors property as they are located at least 9m from the objector’s windows.  These bedroom windows may impose a privacy impact to other adjoining properties rear yards. To ensure privacy levels are maintain a condition has been included which requires the following windows along the southern elevation W2, W3 & W7 to be fixed to a height of 1.5m and be provided with obscure glazing below this height.

 

6/51 Coogee Street, Randwick

Issue

Comment

The land area mass is inadequate to accommodate an excessive five bedroom, three bathroom and balcony.  This will allow disproportionate developments in the immediate area. The proposed FSR will overshadow and impinge on surrounding residents.

As discussed above an amended plan was received as recommended by Council reducing the scale of the development by increase of the southern side setback to the first floor level of the development. 

 

Council’s record indicates that the site is zoned 2B rather than 2A and therefore, the provisions within 2B zone differ to that of 2A. The maximum FSR permitted for this site as stipulated in the LEP is 0.65:1.  The amended plans have reduced the FSR to 0.66:1. Whilst the amended proposal still fails to comply with the LEP requirement, the non compliance is marginal and the additional floor area will not result in any significant adverse impact upon the amenity of the adjoining properties or the character of the streetscape.

 

The bulk and scale of the development is generally consistent with other two storey development within the area and is considered to comply with the relevant objectives and performance requirements of the DCP for Dwelling Houses & Attached Dual Occupancies.

 

There will be some additional overshadowing to the rear yard of the adjoining properties; however, it is not considered to be unreasonable as discussed it is largely unavoidable due to the width and orientation of the allotment. 

 

Also, as discussed above, amended plans have been received reducing the scale of the development; this should slightly improve the visual impact of the building on the southern side boundary and natural light into their rear yard.

 

Concerned that a 5 bedroom house with no available parking will severely compromise and impact the already congested street parking.

The existing dwelling currently contains 2 bedrooms and the proposal will increase the number of bedrooms to 5.

 

Under Council’s Parking DCP, a multi unit housing development with 3 or more bedrooms will require the provision of 1.5 car spaces. The existing dwelling does not provide any off-street parking facilities.

 

The proposal is subject to existing constraints in that no off-street parking could be provided unless substantial changes or partial demolition of the existing building are involved.  Additionally, to provide a driveway crossing in that location would involve reduction of at least 1 to 2 kerb side parking spaces. Therefore, the benefit of providing on-site parking would be offset by the reduction of kerb side spaces, result in no net benefits to the neighbourhood.

 

Having regards to the scope of the works, the proposal is considered to be acceptable in its current form and the overall planning benefits of the proposed development outweigh the deficiency.

Due to the noise and privacy factors, it is essential that the Council setbacks are enforced to allow adequate separation and avoid conflict.

As discussed above an amended plan was received as recommended by Council reducing the scale of the development by increasing the southern side setback to the first floor level of the development to 1.5m; except the centre section has a setback of 1.07m.  Whilst the proposal does not comply with the preferred requirements of the DCP it is not considered that the development will have any unreasonable adverse impacts to the adjoining dwellings in terms of privacy, access to daylight and fresh air. The centre section of the building incorporates a skillion roof, which reduces the overall external wall height of the development and will slightly improve the visual impact of the building and natural light into the neighbour’s rear yards.

 

The proposal is considered to satisfy the objectives and performance requirements of the DCP.

 

The development will severely overshadow several residents.  Their sunlight and peaceful outlook will be replaced with a massive wall and windows that overlook their properties and straight into living areas and private rear gardens. It will have serious effect on the value of their north facing garden and possibly their wellbeing.

It is not considered that the proposed development will have an unreasonable adverse impact on the objector’s property in terms of overshadowing, direct sunlight and fresh air. Whilst it is acknowledged that there will be some additional overshadowing as a result of the proposed additions this is limited to the afternoon, it is not considered that the additional overshadowing impacts of the proposed development are unreasonable or significant enough to warrant refusal of the application. The additions to the southern side of the dwelling are setback adequately (900mm on the ground level and majority of the dwelling is setback 1.5m on the first floor level with the exception of the centre section which incorporates a skillion roof reducing the overall external wall height) from the objectors property and the height of the dwelling is less than 7m which complies with the preferred solution requirements of the DCP.

 

The proposal is considered to satisfy the objectives and performance requirements of the DCP.

The cladding finish has not been identified. Would like to know the clad finish on the first floor level as it could have a big visual impact on the surrounding properties particularly if it is not sympathetic to the existing building.  Given that the development is not constructed of double brick as the original structure, they also have noise concerns given the close proximity to the boundary, as well as the visual impact.

A condition is included within the consent which requires the proposed colours, materials and finishes of the external surfaces to be compatible with the existing building and adjacent development to maintain the integrity and amenity of the building and the streetscape.

The rear balcony is an intrusive structure in an already overly large addition.  These balconies that are situated off bedrooms are rarely used and given the FSR is already an issue they find the balcony an unnecessary addition.

The proposed balcony is relatively small and is not considered to contribute significantly to the bulk and mass of the building.  In any case, as discussed above an amended plan was received reducing the scale of the development. The amended proposal is considered to be acceptable and satisfies the objectives and performance requirements of the DCP.

 

As their windows currently overlook the living room at the aforementioned property, they would like assurance that the bedrooms will not be similarly displayed.

Agreed. To ensure privacy levels are maintain a condition has been included which requires the following windows along the southern elevation W2, W3 & W7 to be fixed to a height of 1.5m and be provided with obscure glazing below this height.

 

The Spot Precinct Committee

Issue

Comment

The applicant seeks a 20% increase in the FSR for this site. This does not comply with the LEP requirement for a 2A zoning which sets out the FSR maximum as 0.5:1. 

As discussed above an amended plan was received as recommended by Council reducing the scale of the development by increase of the southern side setback to the first floor level of the development. 

 

Council’s record indicates that the site is zoned 2B rather than 2A and therefore, the provisions within 2B zone differ to that of 2A. The maximum FSR permitted for this site as stipulated in the LEP is 0.65:1.  The amended plans have reduced the FSR to 0.66:1. Whilst the amended proposal still fails to comply with the LEP requirement, the non compliance is marginal and the additional floor area will not result in any significant adverse impact upon the amenity of the adjoining properties or the character of the streetscape.

 

The bulk and scale of the development is generally consistent with other two storey development within the area and is considered to comply with the relevant objectives and performance requirements of the DCP for Dwelling Houses & Attached Dual Occupancies.

 

The proposal does not include any off street parking. A development of this size will contribute considerably to additional parking issues at this location.

The existing dwelling currently contains 2 bedrooms and the proposal will increase the number of bedrooms to 5.

 

Under Council’s Parking DCP, a multi unit housing development with 3 or more bedrooms will require the provision of 1.5 car spaces. The existing dwelling does not provide any off-street parking facilities.

 

The proposal is subject to existing constraints in that no off-street parking could be provided unless substantial changes or partial demolition of the existing building are involved.  Additionally, to provide a driveway crossing in that location would involve reduction of at least 1 to 2 kerb side parking spaces. Therefore, benefit of providing on-site parking would be offset by the reduction of kerb side spaces, result in no net benefits to the neighbourhood.

 

Having regards to the scope of the works, the proposal is considered to be acceptable in its current form and the overall planning benefits of the proposed development outweigh the deficiency.

 

The proposal is excessive in the areas of density and setbacks for the small site constraints of 270m² and will evidently impact on adjoining neighbours.

The immediate locality is predominantly characterised by lower density attached and detached residential and multi unit housing developments.

 

Therefore, a comparison of the proposed bulk and scale of this development with the adjoining development and established character of the locality determines that the proposed bulk and scale of this development will not be inconsistent with other development within the streetscape and therefore satisfies the objectives and performance requirements.

 

 

5.2 Support

No submissions in support of the proposal were received.

 

6.    Technical Officers Comments

 

No referral is required for this development application.

 

7.    Master Planning Requirements

 

No Master Planning Requirements apply to this site.

 

8.    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

Clause 11 - Zone No 2B (Residential B Zone)

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

 

The proposal is considered to be consistent with the aims of RLEP 1998 and the specific objectives of the zone in that the proposed development will not compromise the desirable attributes of the residential area, environmental qualities and social amenity of the locality.

 

As the development is classified as multi-unit housing, the following Clauses of the LEP 1998 apply to the proposal:-

 

Part 2b – Principal Development Standards

a. Clause 20E Landscaped area

Development other than for the purpose of a dwelling house within a 2B zone must provide a minimum of 50% of the total site area as landscaped area.

 

The proposal provides a total landscaped area of approx. 50.5% (or 136.47m²) which complies with this standard.

 

b. 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.

 

The site has an area of 270.2m2 and a maximum gross floor area (GFA) of 175.57m2 is permissible. As identified in Section 5 of this report, the proposal has a total floor space ratio of 0.665:1 (179.81m²) which exceeds the allowable maximum permitted for this site (by 4.24m²) as stipulated in the control.  A SEPP 1 Objection to this standard has been lodged by the applicant for consideration. The SEPP 1 assessment process concluded that the variation is not excessive and is supported in this application.

 

c. 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 has an overall height of 8.55m and a maximum external wall height of 6.7m; both of these height controls will comply with this standard.

 

Part 3 – Miscellaneous Provisions

a.      Clause 22 – Services

The Council may grant consent to the carrying out of development on any land only where it is satisfied that, when relevant to the proposed development, adequate facilities for the supply of water and for the removal or disposal of sewage and drainage are available to that land.

 

The proposal will require additional services. A specific condition is recommended to require the applicant to make all necessary arrangements with the service authority for any adjustments to the utility services connections. The proposal will comply, subject to conditions.

 

8.1 Policy Controls

a.    Development Control Plan No. DCP – Multi Unit Housing

 

Building Setbacks

Amended plans were received as recommended by Council reducing the scale of the development by increasing the southern side setback to the first floor level of the development to 1.5m except the centre section has a setback of 1.07m. Whilst the proposal does not comply with the preferred requirements of the DCP it is not considered that the development will have any unreasonable adverse impacts to the adjoining dwellings in terms of privacy, access to daylight and fresh air. The centre section of the building incorporates a skillion roof, which reduces the overall external wall height of the development and will slightly improve the visual impact of the building and natural light into the neighbour’s rear yards.

 

The proposal is considered to satisfy the objectives and performance requirements of the DCP.

 

Visual & Acoustical Privacy

 

a. Window and door openings

Whilst the proposed windows on the first level along the southern elevation (W2, W3 & W7) are for bedrooms only, these windows do have the potential to overlook into the rear yard of adjoining properties. Therefore it is recommended that these windows be fixed to a height of 1.5m and be provided with obscure glazing below this height. External louvers angled in an upward direction to prevent overlooking to neighbouring properties may be provided as an alternative. This is to ensure reasonable levels of privacy are maintained to the adjoining properties.

 

 

Also, it is recommended that W9 on the ground floor level to the southern elevation have a sill height of 1.5m from the ground floor level, to prevent overlooking to neighbouring properties’ rear yards.

 

Overshadowing assessment

It is not considered that the proposed development will have an unreasonable adverse impact on the neighbouring properties in terms of overshadowing, direct sunlight and fresh air. Whilst it is acknowledged that there will be some additional overshadowing as a result of the proposed additions this is unavoidable and is largely due to the width and orientation of the site rather than poor design.  It is not considered that the additional overshadowing impacts of the proposed development are unreasonable or significant enough to warrant refusal of the application. The additions to the rear of the dwelling are setback adequately from the southern side boundary, (i.e. 900mm on the ground level and majority of the dwelling is setback 1.5m on the first floor level with the exception of the centre section which incorporates a skillion roof reducing the overall external wall height).  This should slightly improve the visual impact of the building when viewed from the neighbouring properties on the southern boundary and natural light into the north facing rear yards of neighbouring properties. Also, the height of the proposed additions is less than 7m, which complies with the preferred solution requirements of the DCP.

 

The shadow diagrams submitted indicate that the properties at no. 47 & 49 Coogee Street would be most affected by the proposed development.  As noted above this is unavoidable and is largely due to the orientation of the site.  The property at no. 47 Coogee Street will receive approximately 2 hours of sunlight to at least part of their rear yard in the afternoon and the north facing windows will receive at least 3 hours of sunlight.  The property at no. 49 Coogee Street will receive some sunlight to at least part of their rear yard throughout the day and the north facing windows will receive at least 3 hours of sunlight. The above is not unreasonable given the orientation of the site.

 

Overall, the proposal is considered to satisfy the relevant objectives and performance requirements of the DCP.

 

DCP – Parking

The existing dwelling currently contains 2 bedrooms and the proposal will increase the number of bedrooms to 5.

 

Under Council’s Parking DCP, a multi unit housing development with 3 or more bedrooms will require the provision of 1.5 car spaces. The existing dwelling does not provide any off-street parking facilities.

 

The proposal is subject to existing constraints in that no off-street parking could be provided unless substantial changes or partial demolition of the existing building are involved.  Additionally, to provide a carspace and associated driveway crossing in front of the site would involve reduction of at least 1 to 2 kerb side parking spaces. Therefore, the provision of on-site parking would be offset by the reduction of kerb side spaces, result in no net benefits to the neighbourhood.

 

Having considered the scope of the works, the proposal is considered to be acceptable in its current form and the overall planning benefits of the proposed development outweigh the deficiency.

 

9.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

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

 

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

The proposal is consistent with the draft Planning proposal (Semi-detached dwellings).

 

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

No submissions have been received for 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.

 

Building Sustainability Index: BASIX

SEPP 2004.

 

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

 

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

 

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.

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

 

Conclusion

 

The proposed development satisfies the objectives and performance requirements of the DCP for Multi Unit Housing. The proposal will improve the amenity on the site and is consistent with the relevant purposes and objectives of Randwick LEP 1998 (Consolidation). 

 

Subject to conditions, it is not considered that the development will give rise to any significant environmental impacts on adjoining properties, or have any unreasonable adverse impacts on the visual amenity and character of the street.

 

Overall, the proposed development is considered acceptable and is recommended for approval.

 

 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/133/2011 for substantial alterations and additions to the existing dwelling including new first floor level, at No. at 19 Courland 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

Drawn by

Dated

Received

13/11

Peter Banfield

24/06/2011

1 July 2011

BASIX Certificate

No.

Dated

Received

 

A106649

28 February 2011

3 March 2011

 

Amendment of Plans & Documentation

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

 

a.   Window No’s. W2, W3 & W7 on the southern elevation of the proposed first floor addition must be fixed to a height of 1.5m and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height.  Alternatively, external louvers angled in an upward direction to prevent overlooking to neighbouring properties shall be provided to these windows. The BASIX certificate is to be amended to reflect the above changes. Details of compliance are to be provided in the construction certificate plans.

 

b.   Window No. W9 on the ground floor level to the southern elevation must have a sill height of 1.5m above the ground floor level, to prevent overlooking to neighbouring properties’ rear yards. The BASIX certificate is to be amended to reflect the above changes. Details of compliance are to be provided in the construction certificate plans.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

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

 

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

Consent Requirements

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

 

External Colours, Materials & Finishes

4.       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

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $220,000, the following applicable monetary levy must be paid to Council:   $2200.

       

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

 

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

 

Compliance with the Building Code of Australia

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

 

Structural Adequacy

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

 

Long Service Levy Payments

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

 

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

 

Stormwater Drainage

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

 

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

 

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

 

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

 

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

 

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

 

BASIX Requirements

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

 

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

 

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

 

Smoke Alarms

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Temporary Site Fencing

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

 

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

 

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

 

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

 

Construction Site Management Plan

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

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

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          provisions for temporary sanitary facilities;

·          location and size of waste containers/bulk bins;

·          details of proposed sediment and erosion control measures;

·          provisions for temporary stormwater drainage;

·          construction noise and vibration management;

·          construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

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

·          Details of hazardous materials (including asbestos)

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

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works will commence

·          Recycling, reuse and waste disposal of remediation materials

 

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

 

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

 

Notes

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

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

 

Sydney Water

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

 

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

 

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

 

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

 

Public Utilities

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

 

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Demolition Work Requirements

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

·          Occupational Health & Safety Act 2000 & Regulations

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

·          WorkCover NSW Guidelines and Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECCW/EPA Guidelines

·          Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

·          Randwick City Council’s Asbestos Policy

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

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

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

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

 

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

 

Site Signage

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

 

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

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

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

 

Sediment & Erosion Control

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

 

Public Safety & Site Management

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

 

 

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

 

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

26.     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

27.     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.

 

28.     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

29.     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

30.     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

31.     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

32.     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

33.     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

34.     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

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

 

Options may include one or more of the following measures:

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

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

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

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

·          Other appropriate effective safety measures or barrier.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

 

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

 

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

 

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

 

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

 

 

OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

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

 

Use of premises

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

 

 

External Lighting

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

 

ADVISORY NOTES

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

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

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

 

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

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

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

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                            20 September 2011

 

 

Director City Planning Report No. CP92/11

 

 

Subject:                  JRPP - 330 Anzac Parade, Kensington - UNSW (DA/494/2011)

Folder No:                   DA/494/2011

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Introduction

 

The subject application is reported to Council as it is classified as “regional development” (having a capital investment value in excess of $10 million) and is required to be determined by the Joint Regional Planning panel pursuant to Clause 13B(1)(a) of State Environmental Planning Policy (Major Development) 2005.

 

The proposal is for the construction of an 8-storey student accommodation development comprising 399 beds, ground floor retail units, basement car parking for 77 vehicles, landscaping and associated works at the UNSW Kensington Campus.

 

Issues

 

The subject application was advertised and notified from 13 to 27 July 2011 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. A total of two (2) submissions were received at the conclusion of the public consultation process. The issues raised in the submissions are primarily related to adequacy of car parking provision, reduction of kerb side parking supply in the surrounding areas and internal amenity.

 

The application has been referred to the Design Review Panel for comments and design inputs. The key recommendations are relating to internal amenity and have been incorporated in the revised design scheme, which forms the subject of this assessment.

 

The subject site is zoned Special Uses under Randwick Local Environmental Plan 1998 (Consolidation). The development involves the provision of student accommodation with supporting retail units and car parking, which will be ancillary to the primary educational function of the Kensington Campus. The proposal is considered to be consistent with the zoning objectives.

 

The UNSW Kensington Campus DCP applies to the proposed development. The proposal satisfies the key planning principles and controls in the DCP in terms of increasing on-campus residential accommodation, providing retail and ancillary services, enhancing campus accessibility and legibility, creating communal interaction spaces, retaining significant trees, maximising energy efficiency and encouraging sustainable modes of transport.

 

The proposed development has a maximum height of approximately 26.6m (top of wall) to 28.6m (top of rooftop plant). Although the proposal deviates from the 24m wall height control of the DCP by 2.6m, the overall height and scale of the building are commensurate with the recently completed student housing development on the eastern side of Gate 2 Avenue (“The Village”). The retail uses at ground level require a higher 4m floor to ceiling height given their functional needs, which contributes to the greater overall building height. The proposal is considered to be compatible with the emerging character of High Street and does not result in detrimental streetscape impacts.

 

The design scheme has adopted a two-block solution where the building mass is divided by podium courtyards to avoid a monolithic appearance and to maximise solar access to the individual units. The facades are adequately articulated and will enhance activation and casual surveillance of the surrounding areas. The development will contribute to a high quality urban design outcome.

 

The proposal will not result in unreasonable shadow impacts on the surrounding areas. The internal common areas and dwelling units will enjoy satisfactory amenity.

 

The proposed development will eliminate an existing surface car park on the site, which contains 126 spaces. However, this loss will be partially compensated by the proposed basement car park with 77 spaces.

 

Council has received a development application for the provision of an interim surface car park at the G2 site in the Western Campus. This facility will increase the parking capacity in the Western Campus by 137 spaces. Upon completion of the subject student housing development and the G2 interim car park, there will be a net positive balance of 88 car spaces. It is considered that there will be sufficient car spaces to cater for the needs of the University and no unreasonable impacts on the locality will result.

 

It is expected that the G2 car park will be used until such time when a redevelopment strategy is prepared and implemented. The Kensington Campus DCP requires campus redevelopment to relocate surface parking under new buildings or within structured car parks. It is anticipated that a suitable level of parking, dependent upon car usage rate at that time, would be accommodated in any redevelopment of the G2 site.

 

The applicant has submitted a Travel Survey of the University staff and students, which demonstrates a trend towards reduced personal motor vehicle dependency to and from the campus, and an uptake in public transport usage over the past five years.

 

For the above reasons, the proposed car parking arrangement is considered to be satisfactory.

 

Council’s Section 94A Development Contributions Plan applies to the proposal and a monetary levy of $510,400 is required. The UNSW disputes the imposition of the levy and does not agree to the applicability of the Section 94A contribution condition and is in the process of preparing a submission outlining their case to the JRPP. It should be noted that the draft condition requiring Section 94A contribution is still maintained in the “Recommendation” of this report.

 

In addition, the UNSW and Council have disputed over the requirements of a number of engineering conditions. In particular, there are standard engineering conditions requiring the reconstruction of kerb and gutter, footpaths, vehicular crossings, etc. along the High Street frontage of the site, as well as requiring any electricity substation to be located within the site and screened from view. The UNSW has requested the deletion of the above conditions, which is not supported by Council. These conditions will remain in the “Recommendation” section of this report. There is also minor disagreement to the wording of some of the engineering conditions, including matters relating to the timing when details of basement waterproofing and landscape plans are to be prepared and submitted. The matters in dispute are discussed in detail in the attached report.

 

The proposal satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, and is recommended for approval subject to conditions.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A vibrant and diverse community.

Outcome 4:       Excellence in urban design and development.

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

 

Conclusion

 

The proposed development complies with the objectives and performance requirements of relevant State and Local planning controls.

 

The site planning, built form, massing and façade articulations will create a satisfactory streetscape outcome for High Street and the internal roads within the campus. The development scheme will not result in unreasonable impacts on the amenity of the surrounding areas in terms of visual bulk and scale, solar access and traffic.

 

The proposed development density and scale are justified by the site’s location within the UNSW Kensington Campus, and its proximity to retail and commercial services in Anzac Parade and public transport. The proposal represents an economic and orderly use of the site and will deliver positive planning benefits.

 

The proposal is recommended for approval subject to conditions.

 

 

Recommendation

 

That the assessment report from the Joint Regional Planning Panel in relation to DA/494/2011 (330 Anzac Parade, Kensington - UNSW) be received and noted.

 

 

Attachment/s:

 

1.View

JRPP Report for DA/494/2011, 330 Anzac Parade, KENSINGTON (UNSW Gate 2)

 

 

 

 


JRPP Report for DA/494/2011, 330 Anzac Parade, KENSINGTON (UNSW Gate 2)

Attachment 1

 

 

Joint Regional Planning Panel

(Sydney East Region)

 

JRPP No.

2011SYE075

DA No.

DA/494/2011

Local Government Area

Randwick City Council

Proposed Development

Construction of an 8-storey student accommodation development comprising 399 beds, ground floor retail units, basement car parking for 77 vehicles, landscaping and associated works.

Street Address

330 Anzac Parade, Kensington NSW 2033 (UNSW)

Applicant

Brookfield Multiplex Constructions

Owner

UNSW

Number of Submissions

Two (2) submissions

Recommendation

Approval subject to conditions

Report By

Simon Ip, Senior Planning Officer

 

1.       Executive Summary

 

Council is in receipt of a development application proposing the construction of an 8-storey student accommodation development comprising 399 beds, ground floor retail units, basement car parking for 77 vehicles, landscaping and associated works at the UNSW Kensington Campus.

 

The application is referred to the Joint Regional Planning Panel for determination pursuant to Clause 13B(1)(a) of State Environmental Planning Policy (Major Development) 2005 as the development has a capital investment value in excess of $10 million.

 

The subject application was advertised and notified from 13 to 27 July 2011 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. A total of two (2) submissions were received at the conclusion of the public consultation process. The issues raised in the submissions are primarily related to adequacy of car parking provision, reduction of kerb side parking supply in the surrounding areas and internal amenity.

 

Under the provisions of the Civil Aviation (Buildings Control) Regulation, concurrence of the Sydney Airport Corporation Ltd. has been granted to the proposal subject to their recommended conditions.

 

The application has been referred to the Design Review Panel for comments and design inputs. The key recommendations are relating to internal amenity and have been incorporated in the revised design scheme, which forms the subject of this assessment.

 

The subject site is zoned Special Uses No. 5 under Randwick Local Environmental Plan 1998 (Consolidation). The development involves the provision of student accommodation with supporting retail units and car parking, which will be ancillary to the primary educational function of the Kensington Campus. The proposal is considered to be consistent with the zoning objectives.

 

The UNSW Kensington Campus DCP applies to the proposed development. The proposal satisfies the key planning principles and controls in the DCP in terms of increasing on-campus residential accommodation, providing retail and ancillary services, enhancing campus accessibility and legibility, creating communal interaction spaces, retaining significant trees, maximising energy efficiency and encouraging sustainable modes of transport.

The proposed development has a maximum height of approximately 26.6m (top of wall) to 28.6m (top of rooftop plant). Although the proposal deviates from the 24m wall height control of the DCP by 2.6m, the overall height and scale of the building are commensurate with the recently completed student housing development on the eastern side of Gate 2 Avenue (“The Village”). The retail uses at ground level require a higher 4m floor to ceiling height given their functional needs, which contributes to the greater overall building height. The proposal is considered to be compatible with the emerging character of High Street and does not result in detrimental streetscape impacts.

 

The design scheme has adopted a two-block solution where the building mass is divided by podium courtyards to avoid a monolithic appearance and to maximise solar access to the individual units. The facades are adequately articulated and will enhance activation and casual surveillance of the surrounding areas. The development will contribute to a high quality urban design outcome.

 

The proposal will not result in unreasonable shadow impacts on the surrounding areas. The internal common areas and dwelling units will enjoy satisfactory amenity.

 

The proposed development will eliminate an existing surface car park on the site, which contains 126 spaces. However, this loss will be partially compensated by the proposed basement car park with 77 spaces.

 

Council has received a development application for the provision of an interim surface car park at the G2 site in the Western Campus. This facility will increase the parking capacity in the Western Campus by 137 spaces. Upon completion of the subject student housing development and the G2 interim car park, there will be a net positive balance of 88 car spaces. It is considered that there will be sufficient car spaces to cater for the needs of the University and no unreasonable impacts on the locality will result.

 

It is expected that the G2 car park will be used until such time when a redevelopment strategy is prepared and implemented. The Kensington Campus DCP requires campus redevelopment to relocate surface parking under new buildings or within structured car parks. It is anticipated that a suitable level of parking, dependent upon car usage rate at that time, would be accommodated in any redevelopment of the G2 site.

 

The applicant has submitted a Travel Survey of the University staff and students, which demonstrates a trend towards reduced personal motor vehicle dependency to and from the campus, and an uptake in public transport usage over the past five years.

 

For the above reasons, the proposed car parking arrangement is considered to be satisfactory.

 

Council’s Section 94A Development Contributions Plan applies to the proposal and a monetary levy of $510,400 is required. The UNSW disputes the imposition of the levy and does not agree to the applicability of the Section 94A contribution, and is in the process of preparing a submission outlining their case to the JRPP. It should be noted that the draft condition requiring Section 94A contribution is still maintained in the “Recommendation” of this report.

 

In addition, the UNSW and Council have disputed over the requirements of a number of engineering conditions. In particular, there are standard engineering conditions requiring the reconstruction of kerb and gutter, footpaths, vehicular crossings, etc. along the High Street frontage of the site, as well as requiring any electricity substation to be located within the site and screened from view. The UNSW has requested the deletion of the above conditions, which is not supported by Council. These conditions will remain in the “Recommendation” section of this report. There is also minor disagreement to the wording of some of the engineering conditions, including matters relating to the timing when details of basement waterproofing and landscape plans are to be prepared and submitted. The matters in dispute are discussed in detail in the “Engineering Referral” section of this report.

 

The proposal satisfies the matters for consideration under Section 79C of the Envi