Ordinary Council Meeting

 

Supplementary 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.

 

 

Mayoral Minutes

MM68/11   Malabar Headland update

MM69/11   Port Botany Privatisation

MM70/11   Christening of the City of Randwick III Offshore Rescue Boat

MM71/11   The Prince Henry Hospital Trained Nurses' Association - Request for use of Prince Henry Centre

MM72/11   June Moore (1919-2011)

MM73/11   Update on the Randwick Light Rail Pre-Feasibility Study

MM74/11   E-waste collection opportunity at Perry Street Recycling Centre

MM75/11   Supporting La Perouse Aboriginal Land Council with solar PV panel installation at Yarra Bay House  

Late Director City Planning Report

CP101/11   5 Wisdom Street, Coogee (DA/837/2010)       

Closed Session

Late General Managers Reports

GM29/11    23 Adina Avenue, Phillip Bay - Expression of Interest - Sale or Lease

This matter is considered to be confidential under Section 10A(2) (d) of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

GM30/11    Coach & Horses Appeal - Solicitors Instructions. (DA/182/2009/B)

This matter is considered to be confidential under Section 10A(2) (e) of the Local Government Act, as it deals with information that would, if disclosed, prejudice the maintenance of law.

    

 

 

…………………………………………………….

Ray Brownlee

General Manager


Ordinary Council                                                                                            20 September 2011

 

 

Mayoral Minute No. MM68/11

 

 

Subject:                  Malabar Headland update

Folder No:                   F2004/06759

Author:                   Councillor Matson, Mayor     

 

Introduction

 

I am pleased to provide an update on the Malabar Headland, noting that the Commonwealth’s agreement to transfer the ownership of the western part of Malabar Headland (known as Lot 102) to the NSW Government for National Park is imminent. Council has prepared a rezoning LEP to confirm this land as National Park, which will be completed upon the transfer.

 

Transfer

 

The transfer of Lot 102 is anticipated to be completed by the end of September 2011 pending completion of the conditions of the transfer deed, which requires a fence to be placed on the lot boundary to separate Lot 102 and its potential users from the remainder of the headland areas currently used by shooters and containing contaminated lands. Due to impacts on vegetation and views from the escarpment the fence was installed along the roadway slightly east of the boundary line at the agreement of the Commonwealth and State Governments.

 

Remediation of Lot 102 was also required, involving removal of some surface areas of contamination, including exposed asbestos, dumped material and glass fragments. The Commonwealth’s contamination consultants are overseeing these works and will provide validation reporting to the Site Auditor for review, on completion.  Reports are to be endorsed by the Site Auditor for final validation.

 

Rezoning proposal

 

Council’s proposed rezoning of the site to National Park was reported to Council on 28 June for final endorsement. All documentation has been submitted to the Minister and I understand that it will be approved following the land transfer.

 

Council understands that public access arrangements to the site will be clarified by the NSW Office of Environment and Heritage following successful transfer and formal reservation of the site as a National Park which is expected to occur later this year.

 

The Office of Environment and Heritage will prepare a Plan of Management for the area as required under the National Parks and Wildlife Act, which will inform and guide public access and use of the National Park.

 

Western Walking Track

 

In the meantime, Council staff are finalising the proposed western walking track route options and a report, seeking endorsement for public exhibition, will be presented to Council soon. This walkway proposes to transverse Lot 102 and will be important for enabling suitably controlled access to the Lot which contains significant areas of eastern Suburbs Banksia Scrub, an endangered ecological community. I have walked the investigated track routes and consider that this potential addition to our City’s coastal walk will be an outstanding asset for our City.

 

 

Conclusion

 

These actions are consistent with the Council’s directions for ensuring the Malabar Headland is returned to the community for open space and conservation purposes.

 

 

Recommendation

 

That Council note this update report.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                            20 September 2011

 

 

Mayoral Minute No. MM69/11

 

 

Subject:                  Port Botany Privatisation

Folder No:                   F2004/07460

Author:                   Councillor Matson, Mayor     

 

Introduction

 

On Tuesday 6 September as part of the 2011-12 Budget, the NSW Government announced plans to offer a 99 year lease on Port Botany to the private sector (see media release attached) to fund priority infrastructure projects.

 

The privatisation would cover Port Botany’s three container terminals and eleven container vessel berths (this includes terminal three with 5 births expected to be operational by late 2012).

 

Issues

 

The privatisation raises a number of concerns including pressure to expand the current operational limits, potential impacts on residential areas adjacent, planning approvals process, traffic and transport issues and general maintenance of port facilities.

 

Under the Port Botany Expansion Approval granted in October 2005, terminal three, when operational, will be limited to 1.6 million TEU (containers measured as twenty-foot equivalent units) per annum. Under this same consent a 3.2 million TEU cap applies to the entire Port Botany facility.

 

Concern with the privatisation of the Port is that this may provide greater pressure for increases in container growth beyond the 3.2million TEU cap. This may lead to additional impacts such as increased truck movements and 24 hour noise impacts in residential areas around the Port,  that are already experiencing issues with existing operations.

 

Port Botany, for the 2010-11 financial year, has already set a trade record with trade exceeding two million TEU and this is before terminal three is operational.

 

It should be noted that these set container limits may not be exceeded without further environmental assessment and approval by the Minister.

 

The privatisation also raises concerns regarding existing planning powers of Sydney Ports for determining development within the Port, which were extended via a State Environmental Planning Policy (SEPP) in 2009.

 

Privatisation may also have implications for the maintenance of public assets such as Molineux Point Reserve and Prince of Wales Scenic Drive in the Randwick LGA. This would also apply to the Foreshore Beach Boat Ramp and Penrhyn Bird Sanctuary in Botany LGA, which were provided to the community in compensation for the Port Botany expansion (terminal 3) project.

 

Conclusion

 

Expressions of Interest are to be sought from prospective interested parties by late-2011, with the aim of completing the transaction by mid-2012. The Government has announced that proceeds from the transaction will be invested in “Restart NSW” – the fund established by the NSW Government to deliver priority infrastructure projects.

 

I am concerned that privatisation of the Port could enable the Port to be managed in a manner contradictory to the community’s best interests. The State Government’s advice on the above issues is urgently required.

 

 

Recommendation

 

That Council write to the Premier concerning the Government’s proposed offering to the private sector of a 99 year lease on Port Botany to:

 

a)     Advise of Council’s concern that a privatised or long-term leased facility may lead to increased pressures to expand operational levels, with impacts such as increased truck movements and noise impacts in residential areas around the facility;

 

b)     Note Council’s concerns that the current planning framework for approvals in the Port is not suitable in a privatisation or long-term leased scenario;

 

c)     Note Council's resolution of 23 August 2011 to write to the Government requesting that a detailed acoustic assessment be undertaken by it encompassing all Port related development, in consultation with OEH, Randwick and Botany Councils;

 

d)     Request that this acoustic study is completed before any greater commitment is given to proceeding further with any long-term leasing initiatives; and

 

e)     Seek clarification as to the measures the State Government will undertake to address Council’s concerns to Port operational, amenity impacts and planning regime.

 

 

Attachment/s:

 

1.View

Media Release Treasurer_Refinancing_of_Port_Botany

 

 

 

 


Media Release Treasurer_Refinancing_of_Port_Botany

Attachment 1

 

 



Ordinary Council                                                                                            20 September 2011

 

 

Mayoral Minute No. MM70/11

 

 

Subject:                  Christening of the City of Randwick III Offshore Rescue Boat

Folder No:                   F2004/07113

Author:                   Councillor Matson, Mayor     

 

Introduction

 

On Saturday 10 September 2011, I had the great pleasure of attending the launch of the Randwick District Offshore Rescue Boat Association’s brand new 6.5 metre, state of the art, KevlaCat which was aptly named City of Randwick III.

 

Issues

 

Since the summer of 1969 the Randwick District Offshore Rescue Boat Association has been actively working and patrolling Randwick City’s 29 kilometres of coastline and beyond. While only three of our local beaches are manned with lifeguards and lifesavers, the Offshore Rescue Boat Association has the task of covering the waters from Clovelly to Botany Bay. Considering the rocky nature of much of our coastline, which attracts many rock fishermen and divers to the area, the service they provide is vital in helping to save lives.

 

For years now, Council has recognised just how important the Offshore Rescue Boat Association is and we will continue to support and help the association in any way can. Earlier this year Council provided half of the necessary funding towards the purchase of the brand new 6.5 metre state of the art KevlaCat. This new fast rescue boat will also carry a variety of medical equipment including an oxy viva; defibrillator; soft pack first aid kit; spinal stretcher and collars; rescue tubes; and basic dive equipment.

 

Conclusion

 

I know that the Council lifeguards appreciate the support offered them by the Offshore Rescue Boat Association during search and rescues. As we saw last summer, the beach, while beautiful, is not always forgiving to those who are unprepared for the shifting rips and changing surf conditions, particularly at Maroubra.

 

 

Recommendation

 

That Council note its financial contribution towards the important addition to the Randwick District Offshore Rescue Boat Association’s rescue fleet of a brand new 6.5 metre state of the art KevlaCat, aptly named City of Randwick III.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                            20 September 2011

 

 

Mayoral Minute No. MM71/11

 

 

Subject:                  The Prince Henry Hospital Trained Nurses' Association - Request for use of Prince Henry Centre

Folder No:                   F2004/06540

Author:                   Councillor Matson, Mayor     

 

Introduction

 

A request has been received from the Prince Henry Hospital Trained Nurses’ Association for Council to assist in the conduct of their annual reunion by waiving the fees for the hire of the Prince Henry Centre on Saturday 29 October 2011.

 

Issues

 

For over fifty years on the last Saturday in October, ex-trainees of the Prince Henry Hospital have held a reunion at the hospital. Since the closure of the hospital, the reunions have been held in the Nursing and Medical Museum with over one hundred and thirty people in attendance last year alone. As this space is rather limited, Council approved the use of the Prince Henry Centre for last year’s reunion. The members of the Association have indicated that they ‘were thrilled with the opportunity of seeing the development of the “old Drs Quarters”, and the pictorial display on the southern wall of the Centre featuring the early days, and have the space to circulate during the afternoon.’

 

A request has been received to use the Prince Henry Centre again for the 2011 event and for the fees for the use of the Centre to be waived.

 

This Association is heavily involved in the local community and their ongoing participation in numerous historical and cultural functions has helped greatly to promote the Prince Henry area. In addition the Association conducts tours in the Nursing and Medical Museum that cater to groups such as the War Widows Guild, Returned Services Leagues, Legacy, Probus and many seniors groups. It is considered appropriate to support the Association’s request.

 

Financial impact statement

 

The following is an estimate of the costs involved in hire of the Prince Henry Centre on 29 October 2011: 

 

Venue hire (including support staff etc)                                              $1,945

 

Should Council accept the report recommendation, the financial implication to Council will be $1,945, to be allocated from the 2011-12 Contingency Fund.

 

Conclusion

 

Being a self funded organisation that does not meet the criteria for Cultural Grant funding, it is considered appropriate to support the Association’s request in light of the wonderful work they do in our local community.

 

 


 

Recommendation

 

That the request received from the Prince Henry Hospital Trained Nurses’ Association for Council to assist in the conduct of their annual reunion by waiving the fees for the hire of the Prince Henry Centre on Saturday 29 October 2011 (totalling $1,495) be granted, such funds to come from the 2011-12 Contingency Fund budget.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                            20 September 2011

 

 

Mayoral Minute No. MM72/11

 

 

Subject:                  June Moore (1919-2011)

Folder No:                   F2004/08382

Author:                   Councillor Matson, Mayor     

 

 

Introduction

 

June Moore was a passionate advocate for the preservation of heritage in the City of Randwick. This did not come as a surprise to those who knew her mother, Nell Pillars, the founder of the Randwick and District Historical Society. Nell’s daughter June, had a long, devoted association with Randwick and was a great promoter of its history. She was a founding member of the Randwick and District Historical Society in 1957. June was president of the society for two years in 1979 and 1980 and honorary secretary 1961-65, 1968-76 and 1983-88. She was made an honorary life member of the society, in recognition of her contribution to the preservation of our local history. In 2001, she received the Centenary Medal for services to the community, preserving local and built heritage. Without the passion, dedication and enthusiasm of residents such as June Moore, much more of our local heritage would not survive today.

 

Issues

 

A brief chronology of her involvement with the Randwick and District Historical Society shows her commitment to our heritage. In 1959, shortly after the foundation of the society, June helped organise a heritage display for the Randwick Council centenary celebrations.

 

By 1963, the Bare Island Fort Museum was established, when the War Veterans’ Home was relocated. From 1963-1967 June and her family became resident caretakers of the museum. The museum housed much of the Randwick and District Historical Society collection. At its peak, this museum had over 1000 visitors per week, including school children and overseas visitors who were educated, informed and entertained my the museum displays arranged by June and other society volunteers. By 1976, the Bare Island facility was closed, due to structural problems with the building, such as rising damp, and its growing unsuitability for storage of heritage objects. June campaigned for the historical society to be accommodated in another historic Randwick property, Sandgate, in Belmore Road. This became the society headquarters from 1986 until they moved to rooms in the Randwick Town hall during 1991.

 

Perhaps one of June’s greatest achievements was her contribution to the preservation of Blenheim House, first Mayor of Randwick Simeon Pearce’s home, in Blenheim Street Randwick. June, co-founder of the Friends of Blenheim House, bought her energy and enthusiasm to a long and protracted campaign to save this property. Her involvement in the fight to save Struggletown in the 1980s, is a similar example of her determination to fight and save our local heritage. June is remembered by long standing society members as having an ability to maintain positive contacts between the society, Randwick City Council and key local residents who had the professional skills to assist the society in their work. She was a great manager of the army of volunteers who man the society’s research collections on a weekly basis. June was always researching aspects of local history, and campaigning. It is said of those who knew her that June thrived on a crisis.

 

June was ever a keen researcher of local history. Along with artist, Albert Clarke, she started the tradition of the Randwick Rambles, (history walks) establishing the historical society’s tradition of publications that continues to this day.

 

June Moore passed away in August 2011.  June is survived by her husband Milton, and four daughters Orel, Shelley, Kylie and Alanna.

 

Conclusion

 

The Executive Committee of the Randwick and District Historical Society suggest that the land in front of Sandgate be dedicated as “June Moore Square”. It would be an appropriate place for current residents to sit and reflect on the rich heritage that Randwick has to offer.

 

 

 

Recommendation

 

That Council:

 

a)     Liaise with the Randwick and District Historical Society to officially name a site in the city in honour of June Moore and her invaluable contribution to preserving Randwick’s local heritage; and

b)     invite members of June’s family and the Randwick and District Historical Society, to a dedication of the chosen site.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                            20 September 2011

 

 

Mayoral Minute No. MM73/11

 

 

Subject:                  Update on the Randwick Light Rail Pre-Feasibility Study

Folder No:                   F2004/08175

Author:                   Councillor Matson, Mayor     

 

Introduction

 

The Purpose of the Randwick Light Rail Pre-Feasibility Study

The Randwick Light Rail Pre-Feasibility Study has been undertaken in advance of a study to be commissioned by the NSW Government in the near future. It is understood that while the NSW Government study will incorporate consideration of a light rail link to the University of NSW, it would have a significantly broader scope and remit than the Randwick Light Rail Pre-Feasibility Study.

 

In undertaking The Randwick Light Rail Pre-Feasibility Study, the Client Group is seeking to place itself in an informed position to engage with the NSW Government. The outcomes of the Randwick Light Rail Pre-Feasibility Study will also help the Client Group to understand key issues and challenges that will affect them and thus will inform their planning and policy development.

 

Issues

 

Community consultation

In conjunction with pre-feasibility study, Council is consulting with the local community and businesses about light rail in Randwick.

 

I have door-knocked local businesses throughout Randwick, Kensington and Kingsford. Of the 85 businesses I have spoken to, 81 have been positive or neutral about the return of light rail to Randwick. Most businesses recognise the economic benefits that better transport brings. Those businesses opposed to light rail are mostly concerned about increased onstreet parking pressures.

 

Flyers and posters have been distributed to local businesses and sent out by our partners UNSW and the Australian Turf Club. Randwick’s September community newsletter distributed to 55,000 households also includes information on the light rail campaign.

 

A special consultation website www.lightrailtorandwick.com.au has been set up to give people the chance to view potential routes and to comment on light rail.

 

Website summary:

 

·           35,264 page views or ‘hits’

·           8,722 unique visitors to the site

·           305 comments

·           133 ‘likes’ through Facebook

·           3,354 downloads of the suggested route

·           90% of 414 respondents in a poll said they supported the campaign to bring light rail back to Randwick.

 

The Scope of the Randwick Light Rail Pre-Feasibility Study

The Randwick Light Rail Pre-Feasibility Study constitutes a broad-level, initial-stage consideration of light rail in the Randwick area. The scope of this study is to:

 

·           Assess the need for light rail in Randwick. This need incorporates:

 

– Addressing problems - such as congestion or poor quality of public transport service; or

– Realising benefits - such as improved quality of access and public transport service, urban renewal or economic development.

 

·           Understand key challenges and risks (show-stoppers) associated with implementing a light rail service in Randwick. These include:

 

– Physical constraints (such as grades, turning paths or cross sections);

– Operational challenges (such as capacity, interfaces with general traffic, level of priority); and

– Balancing benefits and costs (such as optimally serving travel markets, achieving best value from investment).

 

·           Determine where additional investigation may be required.

 

Light Rail Route Options Assessed

The scope of the Randwick Light Rail Pre-feasibility Study specified the routes that should be assessed. GHD classified these into the following route options:

 

·           Core Route : Anzac Parade between Flinders Street (Surry Hills) and High Street (Kensington);

·           South 1 Route Option: Anzac Parade between High Street (Kensington) and Sturt Street, south of the Nine Ways (Kingsford);

·           South 2 Route Option: High Street between Anzac Parade (Kensington) and Belmore Road, east of Avoca Street (Randwick); and

·           South 3 Route Option: Alison Road and Belmore Road between Anzac Parade (Centennial Park) and Cuthill Street, east of Avoca Street (Randwick).

·           Over the course of the study, it was determined that an additional route should be assessed. For this route, two route options were developed:

·           North 1 Route Option: Link between the Sydney Cricket Ground and Central Station. Higher cost option involving long tunnel and Devonshire Street; and

·           North 2 Route Option: Link between the Sydney Cricket Ground and Central Station. Lower cost option involving tunnel under Anzac Parade, an at grade link across Moore Park, South Dowling Street and Bourke Street and then along Devonshire Street.

 

Limitations of the Randwick Light Rail Pre-Feasibility Study

By its nature, the scope of the Randwick Light Rail Pre-Feasibility is constrained by:

 

·           The timing of the study (i.e. this study precedes the preparation of a strategy for light rail by State Government);

·           The time and budget available to undertake the study; and

·           The level of engagement possible with key stakeholders.

 

Limitations to Route Options Assessed

Given the limitations to the scope of this study, it is noted that assessment of alternative route options was not incorporated into the study. Notably the following routes were not assessed:

 

·           Surface links into the CBD;

·           Routes using the Eastern Distributor Tunnels between Moore Park and CBD North;

·           Alternative links to Central, including via Cleveland Street, Albion Street or Campbell Street;

·           Routes to Green Square and /or Central; and

·           Routes to Bondi Junction.

 

The Strategic Drivers for Light Rail – Framework for Preliminary Assessment of Routes

Strategic Drivers are a mechanism for understanding the complexity of the transport system and ensuring any light rail options that are pursued in the future will provide a public transport service that is valued by and brings value to the people of Sydney.

 

The Strategic Drivers have been developed in recognition that light rail is only one of a number of different transport modes/interventions that could form part of Sydney’s future public transport system.

 

The Strategic Drivers inform the development of route options and also form the basis of a set of criteria to assess the potential for different route options to deliver the desired outcomes in Randwick and Sydney more broadly.

 

The descriptions of Strategic Drivers have been categorised into aims and enablers in order to aid comprehension:

 

Aims - A more in depth explanation of what needs to be achieved to respond to the Strategic Drivers.

 

Enablers – An outline of how to achieve the aims (i.e. key mechanisms / steps).

It should be noted that by their nature, there is a degree of overlap between the Strategic Drivers for this study.

 

Strategic Driver #1 - Improve the Customer Experience

 

AIM: Provide attractive level of service to public transport customers

At the most basic level, the public transport system is built and operated to help people access the activities, goods and services they require as part of their everyday lives.

 

The study area has the characteristics generally associated with high mode share to public transport. These include:

 

·           Relatively high residential densities and employment;

·           A number of mixed use and employment centres;

·           Urban structure and form that could be classified as transit oriented.

·           Several regional-scale facilities that constitute major trip generators. These include:

 

– Education - UNSW, Randwick TAFE, secondary schools (selective and private).

– Health - Prince of Wales Hospital and associated health facilities and infrastructure.

–   Recreation - SCG, SFS, Fox Studios, Centennial and Moore Park and Randwick Racecourse.

 

These regional-scale facilities necessitate good levels of regional public transport access in order to optimally benefit the metropolitan area they serve and the state economy in general.

 

People will value and use public transport when it offers an attractive level of service, providing fast, frequent and reliable services throughout the day (from early morning to late evening).

 

It is important that the public transport service is comfortable in terms of amenity of stops, level of crowding, ride quality etc.

 

It is important to note that since the closure of tram lines, buses have provided the public transport services the study area. From the users’ perspective, therefore, any new light rail routes will need to provide a level of public transport service at least as good (but ideally better) than the existing bus service.

 

ENABLER: Provide the required operating priority for light rail

Light rail constitutes a significant investment, and in the context of this study needs to materially improve the quality of service to customers in order to pay dividends by attracting a higher proportion of trips to the public transport system.

 

On this basis, the product that light rail offers (as part of a broader public transport system) needs to be comparable (or preferably superior to) the situation before it was implemented.

 

In simplistic terms, the light rail will need high levels of operational priority in order to ensure:

 

·           High operational speeds.

·           Reliable travel times.

 

This generally requires:

 

·           A high level of physical segregation from the impacts of traffic congestion.

·           A high level of priority at intersections.

 

While there are some sections of the future light rail route that are already segregated, on other sections, priority for light rail might come at the cost of:

 

·           Reducing space currently available to general traffic; and/or

·           Modification to current traffic arrangements (i.e. traffic management); and/or

·           Investment in grade separation of light rail and general traffic.

 

ENABLER: Strong Integration between light rail and buses

It is noted that light rail cannot serve every bus route in the catchment. In order to optimise the value of investment in light rail while also improving the service provided to public transport users in the catchment, it will be crucial that there is strong integration between any light rail route and the existing (and future) bus system.

 

This will necessitate the restructuring of the bus network to best integrate with light rail services in order offer attractive travel options to passengers as well as achieving the desired outcomes on the transport system.

 

Strategic Driver #2 - Improve the Transport System

 

AIM: Improve the efficiency of the overall surface transport network

A key aim of any modifications to the public transport system within the study area is to improve the efficiency of the overall surface transport network. This will generally be achieved by:

 

·           Reducing the impacts of congestion associated with the current transport mix; and

·           Delivering public transport services more efficiently.

 

To achieve this, a reallocation of road space is often required to benefit modes that deliver higher carrying capacity within constrained corridors.

 

AIM: Provide Sufficient Capacity to cater for desired mode share

One of the justifications of investing in light rail in the study area is to increase the mode share to public transport. If light rail is implemented it will therefore be necessary for it to provide sufficient capacity along key links to cater for increases in demand.

 

AIM: Provide the ability to integrate with potential future extensions to the light rail system

There is currently no agreed vision for a future light rail network in Sydney. There are, however, a number of potential future extensions that would be likely candidates should there be any extensions to the light rail system. Any light rail routes under consideration, therefore, need to be assessed in view of the potential to integrate with potential future extensions.

 

ENABLER: Restructure the surface transport system to provide integrated transport outcomes

Experience in implementing or expanding light rail systems in numerous cities shows that light rail acts as a structuring element and catalyst for the reorganisation of the surface transport system.

 

To optimise the benefits of investing in light rail it will be necessary to re-structure / reorganise the surface public transport system in order to better serve the needs of users and to address the inefficiencies of the existing transport systems.

 

ENABLER: Improve operating conditions for public transport at key locations on the transport network

In an integrated transport system, it is sometimes necessary to invest in improvements to one part of the system in order to reduce impacts in other, more critical locations.

 

In the case of the surface transport system in central Sydney, there are significant pressures within the CBD and around Central due to bus congestion (and overall traffic congestion). In these cases, implementation of light rail will need to provide a more efficient means of meeting demand along key corridors.

 

The potential for any light rail in Randwick to deliver benefits will be strongly dependent on the conditions provided for light rail beyond Anzac parade (i.e. into the CBD and potentially to Central Station). In concise terms, a high degree of operational priority will be required north of Anzac Parade in order to ensure that travel times that are shorter and more reliable than those currently offered by bus.

 

5.4 Strategic Driver #3 - Integrate with Land Use

Light rail routes will need to optimally integrate with the land use they serve. In this matter, it is crucial to consider the existing situation and the potential future situation.

 

AIM: Serve key activity zones

In this context, the term activity zone is used to describe a land use that serves the Sydney metropolitan area.

 

These regional scale land resources constitute major trip generators including:

 

·           Education - UNSW, Randwick TAFE, secondary schools (selective and private).

·           Health - Prince of Wales Hospital and associated health facilities and infrastructure.

·           Recreation - SCG, SFS, Fox Studios, Centennial and Moore Park and Randwick Racecourse.

 

Notably, the characteristics of the travel demand vary significantly between these trip generators. The provision of high levels of access to these areas via public transport is important for the economic competitiveness of NSW.

 

AIM: Serve areas of highest residential and employment densities

There is a strong correlation between public transport ridership and areas of higher residential and employment densities. As a rule of thumb, residential densities above 15-30 dwellings per hectare (approximately 30-60 residents / hectare) provide ‘fertile grounds’ for viable public transport routes. Employment and ‘mixed use’ activities further drive public transport ridership.

 

The ambient residential densities within the study area are in the range of 30 – 90 people per hectare, confirming that the routes under investigation have strong potential to attract good levels of public transport patronage. This is to be expected as the study area was initially developed around a light rail system and exhibits many characteristics of ‘transit oriented development’.

 

AIM: Serve areas of Population and Employment Growth

A key justification of investment in higher capacity, higher quality public transport is the need to respond to projected growth in population and employment, as this will influence travel demand. Population growth is minimal in the catchment area of the routes being studied (at the broad scale, residential development will generally keep up with reducing household sizes). There are, however, parts of the study area where significant growth in employment is projected.

 

AIM: Catalyse Land Use Development

Strategic planning projections indicate that within the catchment area, there will be a limited amount of development of previously undeveloped sites and that the balance of development activity will be associated with intensification, redevelopment and renewal.

 

Most notable areas of redevelopment activity where intensification of mixed land uses is occurring are along Anzac Parade in Kensington

 

AIM: Improve Equity of Access

Equity of access is an important contributor to overall social equity within a region, as it enables access to education, employment, social and cultural activities. Improvements to the quality of access through improvements to public transport services can raise the level of access within the catchment area.

 

Strategic Driver #4 – Optimise likelihood of Implementation

 

If it is determined that light rail constitutes a valid transport option within the study area, then a key driver is to develop a project in such a way that optimises the likelihood that of implementation.

 

AIM: Minimise the cost and time to implement light rail

Within the context of the study area, the implementation of light rail could be viewed as opportunistic (being an established urban area and travel market) rather than structural (as would be the case in a greenfield area under development).

 

As such, the ease of implementation of light rail is a key consideration for project stakeholders. Key influences on the ease of implementation include:

 

·           Physical feasibility.

·           Cost of construction (per service kilometre delivered).

·           Time of implementation.

·           Project risk.

 

 

 

Recommendation

 

That this update on the Randwick Light Rail Pre-Feasibility Study be received and noted.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                            20 September 2011

 

 

Mayoral Minute No. MM74/11

 

 

Subject:                  E-waste collection opportunity at Perry Street Recycling CentreE-waste collection opportunity at Perry Street Recycling Centre

Folder No:                   F2004/01045

Author:                   Cr Murray Matson, Mayor   

 

Introduction

 

Seeking Council endorsement to investigate Perry Street Recycling Centre as an e-waste drop off point for Randwick residents.

 

Issues

 

The LGSA has recently written to Council advising of the forthcoming arrangements relating to legislation enabling an industry led plan to recycle certain types of electronic waste starting with televisions and computers.

 

The LGSA has prepared a model Terms of Engagement for Council’s consideration in facilitating this industry-led initiative to reduce the volume of television and computer monitors, hard drives etc from ending up in landfill. The suggestion from the LGSA is that Council’s consider some kind of commercial opportunity in certain circumstances particularly when the industry involved agrees on a central location within the respective local government area for residents to deliver their specific kind of e-waste.

 

I would like to propose that Council investigates this opportunity, not only so that residents can drop off their televisions and computers at their convenience within Randwick but also enables Council to seek a fair and reasonable arrangement with the industry organization potentially utilizing a Council facility for this service.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Industry support and leadership on this issue is commendable and will be very important as the changeover to digital television occurs around Sydney. This is intended to have a dramatic impact on the amount of e-waste dumped illegally across all local government areas of Sydney. Nevertheless as the LGSA points out in their communication, Council’s should be able to explore different commercial arrangements with the industry if the sector is expecting to utilize specific sites as a drop off point.

 

 

Recommendation

 

That Council endorses the proposal to investigate potential commercial opportunities to work with the industry on utilizing Perry Street Recycling Centre as a drop off point for electronic waste as per the Terms of Engagement distributed by the LGSA.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                            20 September 2011

 

 

Mayoral Minute No. MM75/11

 

 

Subject:                  Supporting La Perouse Aboriginal Land Council with solar PV panel installation at Yarra Bay House

Folder No:                   F2005/00230

Author:                   Councillor Matson, Mayor      

 

Introduction

 

Seeking approval to support the La Perouse Aboriginal Land Council with solar PV panels at Yarra Bay House.

 

Issues

 

Over the past two to three years, Lend Lease employees have provided voluntary services on a number of projects at La Perouse, in particular the development of the community garden at Yarra Bay House but also works around the bush tucker track and areas adjacent to La Perouse Aboriginal Land Council land. As well as this staff volunteerism, project work has been supported with additional financial support from the Lend Lease Foundation enabling the volunteers access to building materials and the like during their working bees on site.

 

Through this ongoing support and participation, the Lend Lease Foundation is currently installing 3 kilowatts of solar panels on the roof of Yarra Bay House at no cost to the La Perouse Aboriginal Land Council. Council has been approached to assist financially to add an additional 1.5 kilowatts at a greatly reduced cost to enable Yarra Bay House to reduce its overall energy bills and in doing so reduce the amount of greenhouse gas emissions occurring as a result of this energy use.

 

The Lend Lease Foundation has negotiated an extremely good price through its relationship with companies that support its work in different parts of the community. The funds required to complete this project are $4,000 which will see substantial savings for Yarra Bay House which can then be returned to community projects by the Aboriginal Land Corporation.

 

I understand these efforts by Lend Lease employees have been recognized in conjunction with specific staff for their good work with the Pauline McLeod Award for Reconciliation. 

 

The funding of $4,000 would be paid through the Climate Change budget of the environmental levy program.

 

Conclusion

 

Lend Lease and its employees and the Lend Lease Foundation continue to undertake remarkable community work through their staff volunteerism program which has enabled substantial progress in works at Yarra Bay House and around the lands administered by the La Perouse Aboriginal Land Council. The installation of solar PV panels at Yarra Bay House by the Foundation and with Council’s additional support will provide significant savings on energy bills which in turn will free up ALC resources to continue their own work with the local community.

 

 

 

 

Recommendation

 

That Council approves $4,000 from the Climate Change budget of the environmental levy program to install additional solar PV panels on Yarra Bay House in support of community activities by Lend Lease employees and the La Perouse Aboriginal Land Council.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                            20 September 2011

 

 

Director City Planning Report No. CP101/11

 

 

Subject:                  5 Wisdom Street, Coogee (DA/837/2010)

Folder No:                   DA/837/2010

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

The Planning Committee, at it meeting of 13 September 2011, considered a report in relation to development application DA/837/2010 resolved (Notley-Smith/Smith):

 

‘That the application be deferred for one week to enable a site visit to be organised for Councillors to discuss the original proposal, the current proposal, the impact of the proposed amendments and the objectors’ concerns.’

 

A site inspection was hold a6 September 2011 for the purposes of allowing each of the Councillors to view the site and consider the requests made by the objectors.

 

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

 

In accordance with the Planning Committee resolution, the application is referred back to Council for determination.

 

The recommendation submitted to the Planning Committee meeting of 13 September 2011 is repeated below and the Planning Committee report is attached.

 

 

Recommendation

 

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. D/837/2010 for the demolition of an existing dwelling and construction of a three level dwelling with an in ground swimming pool to rear, garaging and associated site works, at No. 5 Wisdom Street, South Coogee, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Sheet No. D000

Site Analysis/Site Management Plan

Draftsmart Pty. Ltd.

18/07/11 Amendment D Roof Terrace Deleted

Sheet No. D01

Garage Plan

Draftsmart Pty. Ltd

18/07/11 Amendment D Roof Terrace Deleted

Sheet No. D02

Ground Floor Plan

Draftsmart Pty. Ltd

18/07/11 Amendment D Roof Terrace Deleted

Sheet No. D03

First Floor Plan

Draftsmart Pty. Ltd

18/07/11 Amendment D Roof Terrace Deleted

Sheet No. D05

Elevations

Draftsmart Pty. Ltd

18/07/11 Amendment D Roof Terrace Deleted

Sheet No. D06

Elevation, Section

Draftsmart Pty. Ltd

18/07/11 Amendment D Roof Terrace Deleted

Sheet No. D10

Floor Space Analysis

Draftsmart Pty. Ltd

18/07/11 Amendment D Roof Terrace Deleted

 

Amendment of Plans & Documentation

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

 

a.     The rooftop level must not be used as a trafficable area.

 

b.     The balustrading and infill panels to all balconies must consist of clear glass so as to ensure view lines are maintained and to reduce the visual bulk of the dwelling. The southern splay wall at ground floor level is also to be replaced by clear glass as a continuation of the glazing along the eastern terrace.

 

c.     A continuation of fence at a height of 1.8m above the ground level of the subject site must be installed along the side boundary between the subject site and No. 2 Crana Avenue.

 

d.     Prior to the issue of a Construction Certificate, a revised BASIX certificate is to be issued which reflects the current 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 schedule of external colours and finishes shall be in general accordance with the documentation received by Council on 27 September 2010.

 

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 $900,000 the following applicable monetary levy must be paid to Council: $ 9,000.00.

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposits

7.       The following security deposits requirement must be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to Council’s assets and infrastructure; and as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

·           $600.00     -      Damage / Civil Works Security Deposit

 

Security deposits 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.

 

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

8.       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.

 

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.

 

Design Alignment levels

10.     The design alignment level (the finished level of concrete, paving or the like) at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage.

 

The design alignment level/s at the property boundary as issued by Council and their relationship to the roadway/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.

 

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

 

11.     The design alignment levels at the property boundary as issued by Council and their relationship to the roadway/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.

 

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

 

Driveway Design

12.     The gradient of the internal access driveway must be designed and constructed in accordance with AS 2890.1 (2004) – Off Street Car Parking and the levels of the driveway must match the alignment levels at the property boundary (as specified by Council). Details of compliance are to be included in the construction certificate.

 

BASIX Requirements

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

 

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

 

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

 

Stormwater Drainage

14.     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.

 

Building & Design

15.     Eaves, gutters, hoods and similar structures or attachments are required to be setback from the side boundaries of the allotment a minimum distance of 450mm.

 

Security Deposit

16.     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:

 

·           $3000.00    -      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.

 

Design Alignment levels

17.     The design alignment level (the finished level of concrete, paving or the like) at the property boundary for driveways, access ramps and pathways or the like, shall be:

 

For  Driveway (Crana Avenue)

·      50mm above the top of the kerb opposite at the southern edge of the driveway

·      100mm above the top of the kerb opposite at the property corner located on the driveway

·      200mm above the top of the kerb opposite at the northern edge of driveway.

·      Straight grade between these points

 

 For Pedestrian entrance (Wisdom Street)

·       RL 25.05 (AHD).

 

The design alignment levels at the property boundary as issued by Council 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.

 

      Any enquiries regarding this matter should be directed to Council’s Development Engineer Jason Rider on 9399 0881.

18.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $526 calculated at $46.00 (inclusive of GST) per metre of Crana Avenue frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

19.     The gradient of the internal access driveway must be designed and constructed in accordance with AS 2890.1 (2004) – Off Street Car Parking and the levels of the driveway must match the alignment levels at the property boundary (as specified by Council). Details of compliance are to be included in the construction certificate.

 

 

Sydney Water

20.     Prior to the issuing of a construction certificate the approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect any Sydney Water asset’s sewer and water mains, stormwater drains and/or easement, and if further requirements need to be met. Plans will be appropriately stamped.

 

         Please refer to the web site www.sydneywater.com.au for Quick Check agent details and Guidelines for Building Over/Adjacent to Sydney Water Assets.

 

Stormwater Drainage

21.     Prior to the issue of a construction certificate, detailed drainage plans with levels reduced to Australian Height Datum (AHD), shall be prepared by a suitably qualified Hydraulic Engineer and be submitted to and approved by the certifying authority.  A copy of the plans shall be forwarded to Council, if Council is not the certifying authority.

 

The drainage plans must demonstrate compliance with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing and Drainage - Stormwater Drainage) and the relevant conditions of this development approval.

 

22.     Generally all site stormwater shall be piped to a sediment/silt arrester pit that drains by gravity to  Council's kerb and gutter or underground drainage system in Canara Avenue or Wisdom Street.

 

NOTES:

a.       The sediment/silt arrestor pit shall be constructed:-

(i)  within the site at or near the street boundary.

(ii) with a child proof and corrosion resistant fastening system (e.g. spring loaded jay-bolt).

(iii) with a minimum of 4 x 90 mm diameter weep holes (preferably located in the walls of the pit at the floor level) and with a suitable geotextile material with a high filtration rating located around the weep holes.

(iv)  with the pit floor being a minimum 300mm below the invert level of the outlet pipelines.

(v) with a galvanised heavy duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet pipes draining to the infiltration pit and the kerb. (Similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

 

b.       The overflow pipe/s from the rainwater tank/s shall be directed into the sediment arrestor pit.

 

23.     Sub-soil drainage (from site seepage & planter boxes etc) must comply with the following requirements:

 

a)     Sub-soil drainage must not be connected or discharged directly or indirectly to Council’s street gutter.

 

b)     Sub-soil drainage systems (if provided) must comply with one or more of the following requirements:-

 

i.   The system may be connected directly to Council’s underground drainage system (but only with the prior written approval of Council, as required under the Roads Act 1993).

 

ii.   The basement areas of the building must be tanked and waterproofed to prevent seepage water and subsoil drainage from entering the building.

 

iii.  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.

 

c)     Details of the proposed stormwater drainage system including methods of sub-soil drainage, tanking/waterproofing (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.

 

24.     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

 

Street Tree

25.     The applicant shall submit a payment of $107.25 (including GST), being the cost for Council to supply and install 1 x 25 litre street tree, Banksia serrata (Saw Toothed Banskia) on the Wisdom Street verge, just east of the proposed pedestrian entry, at the completion of all works.

 

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

 

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

 

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

26.     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

27.     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

28.     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

29.     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

30.     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

31.     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

32.     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

33.     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

34.     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.

 

Demolition & Construction Waste

35.     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.

 

Public Utilities

36.     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.

 

Landscaping

37.     Prior to the commencement of site works, the PCA must ensure that the Landscape Plan by GreenPlan, dwg no. 11.713-01, issue A, dated 27/07/11 has been amended to show the following requirements:

 

a)   Agapanthus praecox (African Lily) shall be replaced with a native coastal species of similar form and function, such as the Lomandra or Dianella genus or similar;

 

b)    The 2 x Magnolia ‘Little Gems’ (Dwarf Magnolia) shown on the Crana Avenue frontage shall be replaced with native coastal trees of similar size from the Banksia or Cupaniopsis genus or similar;

 

c)   Identification of ‘LE’ in the plant schedule, which is currently not listed, and must not be an invasive species in anyway that would have the capacity to escape cultivation and threaten the coastal corridor to the east of the site

 

d)   In order to ensure satisfactory maintenance of those garden areas proposed beneath the awning and vergola, which may be deprived of natural rainfall, an automatic drip irrigation system shall be installed within these areas, with details to be provided showing that the system will be connected to the sites rainwater tanks, with back-up connection to the mains supply, in accordance with all current Sydney Water requirements.

 

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

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

 

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

 

Site Signage

39.     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

40.     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

41.     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

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

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Sediment & Erosion Control

43.     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

44.     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

45.     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.

 

46.     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.

 

47.     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

48.     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

49.     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.

 

Road/Asset Opening Permit

50.     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.

 

Tree Management

51.     No objections are raised to removing any of the existing vegetation within the site where necessary in order to accommodate the proposed works as shown, subject to full implementation of the approved landscaping.

 

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

52.     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

53.     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

54.     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.

 

Swimming Pool Safety

55.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926.1 - 2007.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

A ‘warning notice’ must be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

Swimming Pool & Spa Pool Requirements

56.     Swimming pools (and spa pools) are to be designed, installed and operated in accordance with the following general requirements:

 

a)     Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

 

b)     All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and

                 

c)     Water recirculation and filtrations systems are required to comply with AS 1926.3 – 2003:  Swimming Pool Safety – Water Recirculation and Filtration Systems; and

 

d)     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

Notification of Swimming Pools & Spa Pools

57.     Written notification must be provided to Council advising of the installation and completion of the Swimming Pool (or Spa Pool), to satisfy the requirements of the Swimming Pools Act 1992.

 

Council’s “Notification & Registration of a Swimming Pool” form must be completed and forwarded to Council prior to any Occupation Certificate being issued for the pool.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

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

b)  Construct new concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site which will necessitate the removal of the existing stormwater lintel and replace with a new v-grate located above the existing pit to Council's specification.

c)  Construct new kerb inlet pit immediately to the south of the new vehicle crossing and connect to the existing pit via a new section of 375mm diameter reinforced concrete pipe to Council requirements.

d)  Remove the illegal steps on council street verge in Wisdom Street and replace with new council footpath and steps as required between kerb and the pedestrian entrance to the site to the satisfaction of Council. 

 

60.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

61.     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.

 

62.     The nature-strip upon both of Council's footways shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar, prior to the issue of a Final Occupation Certificate.

 

63.     The PCA must ensure that landscaping at this site is installed in accordance with the approved landscape plan and relevant conditions of consent, prior to issuing a Final (or any other type of Interim) Occupation Certificate/s, with the owner/s to ensure that the landscaping is maintained in a healthy and vigorous state until maturity, for the life of the development.

 

Stormwater Drainage

64.     Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with Australian Standard 3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and the conditions of this development approval. The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

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

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

 

External Lighting

66.     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 – Swimming Pools & Spa Pools

67.     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.

 

Pool Plant & Equipment

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

 

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

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

 

Protection of the Environment Operations Act 1997 – Air Conditioners

69.     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.

 

Air Conditioning & Equipment

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

 

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

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

 

Protection of the Environment Operations Act 1997 – Rainwater Tanks

71.     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

72.     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.

 

Waste Management

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

 

ADVISORY NOTES

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

 

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).

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

 

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

 

 

Attachment/s:

 

1.View

5 Wisdom Street, Coogee (DA/837/2010) - report to Planning Committee 13 September 2011

 

 

 

 


5 Wisdom Street, Coogee (DA/837/2010) - report to Planning Committee 13 September 2011

Attachment 1

 

 

 

Development Application Report No. D102/11

 

 

Subject:                  5 Wisdom Street, Coogee (DA/837/2010)

Folder No:                   DA/837/2010

Author:                   GAT & Associates , Pty Ltd     

 


5 Wisdom Street, Coogee (DA/837/2010) - report to Planning Committee 13 September 2011

Attachment 1

 

 

Proposal:                     Demolition of existing dwelling and construction of four level dwelling, swimming pool to rear, garaging and associated site works

Ward:                      East Ward

Applicant:                Draftsmart Pty Ltd

Owner:                         M & C Turner

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.   
Executive Summary

 

In August 2010, an application was submitted to Council seeking approval for the demolition of an existing dwelling house and the erection of a part three/part four level dwelling. An indoor/outdoor room with associated front and rear terraces was proposed at rooftop level and a new in ground swimming pool within the rear yard.

 

The application was originally advertised from 30 September 2010 to 14 October 2010. During this notification period fourteen (14) submissions were received which primarily related to view loss, the proposed impact to the existing streetscape, floor space ratio and height.

 

As part of the assessment process, Council requested that height poles be erected on the subject site to evaluate the proposed impact of the development within the context of the site. These height poles were erected by the applicant and their location verified by a registered surveyor. Following site inspections by Council and consultation with the applicant, amended plans were subsequently submitted by the applicant in January 2011 to address the height concerns. Amendments were also made to improve the perceived bulk and scale of the dwelling from a streetscape perspective.

 

Council further requested that a photo montage be submitted indicating the potential view loss caused by the development with particular regard to neighbouring  properties located at 2 and 4 Pearce Street and 2 Crana Avenue. Amended plans were submitted in May 2011 which further reduced the proposed height and bulk of the building.

 

The application was then renotified from 16 May 2011 to 30 May 2011. During this period, eight (8) submissions were received which refer to potential view loss caused by the proposal, floor space ratio and height.

 

In June 2011, the application was reported to Council and recommended for refusal by Council on the following basis:

 

·      The proposal does not satisfy the relevant objectives for Residential 2A Zones as set-out in the Randwick Local Environmental Plan 1998 (Consolidation) in that: 

 

The proposal fails to maintain the desirable attributes of established residential areas, and

Does not adequately protect the amenity of existing residents

 

·      The proposal does not satisfy the objectives or preferred solutions for height, floor space, form and materials set-out in Clauses 4.2 and 4.3 of Development Control Plan – Dwelling Houses and Attached Dual Occupancies.

 

·      The proposal creates a development that has a bulk and scale that is not characteristic for the area.

 

·      The proposed roof terrace will create unacceptable visual and acoustic privacy impacts to the surrounding properties.

 

However it was considered that should the applicant elect to amend the scheme in the following manner, then the proposal would have addressed the concerns contained in this assessment. These changes being as follows:

 

·      The deletion of the proposed rooftop terrace level, including the proposed indoor/outdoor room and associated front and rear terraces.

·      The proposed eastern aspect of the balcony to bedroom 1 at first floor level, which overlooks Crana Avenue, is to be deleted in its entirety or reduced in its depth whereby the projection of this element is not to exceed the alignment of the ground floor wall below.

 

·      At ground floor level, the proposed alfresco dining area to the northern elevation may be retained however the proposed wrap around element to the eastern terrace is to be deleted.

 

·      The proposed eastern terrace at ground floor level to Crana Avenue may be retained however the dimensions of the terrace are to match the building line of the dwelling as opposed to extending to the northern boundary.

 

·      Soft landscaping works are to be provided along the northern elevation of the dwelling.

 

·      Clear glass balustrading/infill panels are to be incorporated to all balconies and terraces.

 

·      The southern splay wall to the ground floor is to be replaced by clear glass as a continuation of the glazing along the eastern terrace.

 

·      The fence to the rear yard off Wisdom Street varies from 1.5m to 2.2 metres given the slope of the land. The proposed gate has a height of 2.5m. This gate is to be reduced to a maximum height of 2 metres.

 

Council at the Planning Committee Meeting held on 12 July 2011 resolved:

 

“RESOLUTION: (White/Tracey) that Item D80/11 (5 Wisdom Street, South Coogee) be deferred to the next Council Meeting in accordance with the applicant’s request.”

 

The applicant has subsequently amended the plans and the revised plans now form the basis of this application.

 

The site is zoned Residential 2A under the Randwick Local Environmental Plan 1998 (Consolidation). The proposed development is permissible subject to Council consent.

 

The subject site is a corner allotment having a frontage to Crana Avenue to the east and Wisdom Street to the north. The proposed dwelling has been designed to address Crana Avenue though its main pedestrian entry will be via Wisdom Street as per the arrangements of the existing dwelling located on the site.

 

It is considered that the proposed development is now suitable for the site and that the proposed works will not adversely impact on adjoining properties. The application is recommended for approval subject to conditions.

 

2.    The Proposal

 

The proposal involves the demolition of an existing part one/part two storey detached dwelling on land known as 5 Wisdom Street, Coogee.

 

As stated the subject site presents to two street frontages. The principle street address is Wisdom Street to the north of the site however the site also has a frontage to Crana Avenue to the east.  Water views are attainable from the site to the north, north east and east.

 

The site has a considerable fall from the rear boundary (RL 28.01) to Crana Avenue (RL 21.81) of 6.2 metres. Given this fall, the proposed building will present in a vertical line, as three levels when viewed from the public domain. To Crana Avenue the proposed dwelling will present as three storeys.

Development in the area consists of part two/part three storey dwellings which are sited over garage levels due to the sharp slope of the area. Dwellings along Crana Avenue are typically provided with east facing balconies and terraces to maximise views to the water and the iconic Wedding Cake Island to the north east.

 

Surrounding development has been constructed in response to the constraints of the area, primarily being the slope of the land with dwellings gradually stepped down in height and upper levels setback from the street boundary to maximise and encourage view sharing. Buildings in the immediate area present as two storeys however three storey buildings do exist further to the north along Alexandria Parade.

 

The proposal provides for the following configuration:

 

Basement/Garage Level:

Vehicular access will continue to be via the Crana Avenue street frontage as per the existing dwelling on the site. The level will accommodate four (4) car spaces in a stacked formation. Given the fall of the land, the majority of the basement level will be concealed from public view.

 

A store room, wine cellar, WC, machinery and plant room are also proposed within this level. A lift and stairwell will provide for access to the upper levels.

 

Landscaping works are proposed to the Wisdom Street and Crana Avenue frontages.

 

Ground Floor:

The main pedestrian entrance to the dwelling will be via the Wisdom Street frontage. The level will also include a kitchen, living and dining room which will lead to a front terrace which addresses Crana Avenue. An alfresco dining area is proposed to the Wisdom Street frontage adjoining the front entry. It is noted that the scope of the terrace and alfresco area have been reduced in size and the southern  splay wall to the ground floor has been replaced by glass as a continuation of the glazing along the eastern terrace to reflect Council’s recommendations.

 

A family room, WC and laundry have been proposed to the rear of the level. Access to the rear yard may be achieved directly from the family room and laundry. Stairs from the rear yard will lead to the proposed lap pool which is elevated above the lawn area due to slope of the site.

 

Landscaping works are proposed to both street frontages. Soft landscaping works have also been incorporated along the northern elevation of the dwelling.

 

First Floor Plan:

Four (4) bedrooms are proposed to this level and a separate bathroom. Bedrooms 1 and 4 will be provided with separate ensuites. A walk-in-robe is also proposed to Bedroom 1.

 

Two balconies are also proposed at this level. The proposed balcony to Crana Avenue can be accessed via bedrooms 1 and 2. As per Council’s recommendations, the eastern aspect of the balcony to bedroom 1 has been reduced in its depth so as not to exceed the alignment of the ground floor wall below. A second balcony, accessible by bedrooms 3 and 4 will be built to the Wisdom Street boundary.

 

In addition, it is noted that the previously proposed rooftop terrace level, including the indoor/outdoor room and associated front and rear terraces has been deleted from the plans as noted in Council’s report.

It is further noted that frosted glass balustrading has been proposed to all balconies and terraces. In the previous Council report, it was recommended that clear glass balustrading/infill panels be incorporated so as to maintain view lines to the water from adjoining properties through the balustrading/infill panels.

 

Council also raised that the fence to the rear yard off Wisdom Street is to be reduced to a maximum height of 2 metres which is now reflected on the revised plans.

 

3.    The Subject Site and Surrounding Area

 

The site is located on the corner of Wisdom Street and Crana Avenue, Coogee. The site is zoned Residential 2A and is adjoined by residential dwellings.

 

The property contains an existing part one/part two storey dwelling. The site is generally rectangular in shape apart from the north eastern corner of the site which cuts in towards the site. This results in a frontage to Crana Avenue of 5.38 metres due to the corner splay. The depth of the site varies from 31.8 metres along the northern boundary (Wisdom Street) to 35.71 metres along the southern boundary. The submitted plans show the site has an overall area of 347.3m².

 

Surrounding development is of a residential nature and comprises of typically two and three storey residential dwellings. Properties located along Crana Avenue and Alexandria Parade have direct easterly and north easterly views of the ocean  whilst properties located along Pearce and Wisdom Streets due to the fall of the land have views to the ocean and to Wedding Cake Island over and above the properties along Crana Avenue.

 

 

4.   
Site History

 

Property Applications:

 

BA/888/1959                       Studio Addition Folio

BA/932/1965                       Balcony Enclosure to DA

 

5.    Community Consultation

 

The submissions received during the notification of the original proposal were detailed in the Council report dated 12 July 2011. As the proposal has since been revised, the report now only considers the submissions received based on the revised plans.

 

The application was notified from 5 August 2011 to 19 August 2011. During this notification period four (4) submissions were received.

 

The following submissions were received:

 

1.  2 Pearce Street

2.  3 Wisdom Street

3.  2 Crana Avenue

4.  4 Crana Avenue

5.  Coogee Precinct Committee

 

5.1 Objections

 

Issue

Comment

The lift overrun on the rooftop will obstruct views to the water from Pearce Street and present as an eye sore.

 

 

The submitted plans show that the proposed lift overrun will measure 1.8 metres (width) x 0.6 metres (height).The plans further indicate that its proposed height will align with height of the dwelling at No. 2 Crana Avenue.

 

In view of the above, it is considered that the proposed lift overrun will not result in any substantial view loss to properties located on Pearce Street to Wedding Cake Island or to the water.

 

The proposed height of the lift overrun will mean the structure will be concealed from sight, when viewed from Pearce Street given the siting of No. 2 Crana Avenue. Therefore, it is also considered that the siting of the lift overrun will have a negligible visual impact when viewed from Pearce Street.


The lift overrun will obscure ocean views from Wisdom Street.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The proposed skylight will result in unnecessary glare to properties along Wisdom Street .

 

 

 

 

 

 

 

 

 

 

 

 

The bulk and scale of the proposed dwelling is out of context with surrounding development.

 

 

 

 

 

 

 

 

 

 

The rear setback of the house extends beyond the alignment of Crana Avenue properties.

 

The fixed structure at the rear of the house has not been included in the floor space ratio calculation. The structure will result in additional bulk to the building and would result in significant noise impacts.

 

 

 

 

 

 

 

 

 

 

The accuracy of the landscaping calculations is questionable.

 

 

 

 

 

The siting of the proposed pool near the rear boundary will result in noise and privacy impacts.

 

 

 

 

 

The siting of the pool will breach Council’s controls which prevents excavation within 3 metres of the rear boundary. It is requested that a dilapidation survey be carried out.

 

 

 

 

 

 

A number of trees are proposed along the rear boundary which will reach 5 metres in height at maturity obscuring views to the ocean. It is requested that the planting schedule be amended to include trees which do not grow above 2 metres.

 

 

 

 

In considering the impact of the lift overrun to properties along Wisdom Street , it is worthy to consider the topography of the site, whereby the subject site is sited at a lower level than properties to the rear.

 

It should also be noted that the building height of the dwelling itself, will be 0.8 metres lower than that of No. 2 Crana Avenue. The lift overrun is the only element (other than the skylight) which will exceed this height, however will align with the height of No. 2 Crana Avenue. It is considered that the lift overrun is a relatively small element in terms of its dimensions and is confined to the southern side of the roof.

 

Therefore the lift overrun is of an acceptable scale and will not result in any substantial view loss. 

 

It is viewed that the intention of the skylight is to allow light directly into the rooms below as opposed to deflecting light away. The proposed flat roof form and dome shape of the skylight further minimises the area of glazing facing rear properties. The separation between the skylight and No. 3 Wisdom Street is considerable, being approximately 15 metres.

 

As such it is regarded, that the proposed skylight will not result in any excessive glare to properties along Wisdom Street.

 

The amended plans have implemented the recommendations of Council as noted in Council’s original assessment of the proposal. The proposed floor space ratio of 0.77:1 is regarded as appropriate in the context of the site as discussed in this report.

 

The proposed soft landscaping works to the northern elevation of the dwelling will further soften the appearance of the development to the street.

 

The proposed rear alignment creates no unreasonable impacts to the neighbours in terms of privacy and overshadowing.

 

The fixed structure is a vergola roof over the area of private open space. The area is unenclosed and as such does not contribute to the floor space ratio calculation. The vergola as depicted appears to be a lightweight structure (approximately 0.3 metres in thickness) and as stated is unenclosed and therefore unlikely to add any excessive bulk to the building.

 

In terms of noise, the vergola is located over the private open space. The development only proposes one dwelling which will not generate excessive noise.

 

The landscaped area as indicated on the submitted landscape plan has been recalculated using Council’s definition of landscaped area. The stated figure is consistent with the submitted plan and Council’s definition.

 

The proposed pool is considered to be appropriately sited given the changing levels within the rear yard. Given that the rear neighbour is sited at a higher level than the subject site, the location of the pool will not result in any undesirable outcome.

 

Council’s controls prevent excavation within 4m of a rear boundary. Although the creation of the pool will result in works closer than 4 metres the amount of excavation is not unreasonable and characteristic with works carried out by other sites.  In view of the substantial excavation works to create the basement level, a dilapidation survey is required as a condition of consent.

 

The landscape plan notes 13 trees (Murraya Paniculta, Orange Jessamine) to be planted along the rear boundary. These trees will grow to a height of 3 metres at maturity with a span of 1 metre.

 

It is noted that at maturity, the proposed tree plantings will be below the proposed building height. Therefore the proposed trees will have a negligible impact to views.

The lift overrun may be used to access the rooftop.

 

The lift overrun will obstruct views to the water.

 

The proposed bulk and scale of the dwelling is inconsistent with surrounding development. In particular the fixed vergola roof will result in added bulk to the dwelling.

 

The proposed bulk of the dwelling will result in overshadowing and result in the loss of natural light to the neighbouring property.

 

 

 

 

 

The current proposal would still result in view loss from Crana Avenue to the headland.

 

 

 

 

 

 

 

 

 

 

 

The landscape plans suggest that the side boundary between 5 Wisdom Street and 2 Crana Avenue would not be fenced.

 

The proposed eastern aspect of the balcony to bedroom 1 will impact views from 2 Crana Avenue and poses privacy concerns.

 

 

As a condition of consent, the rooftop level must not be used as a trafficable area.

 

Refer to comments above.

 

 

Refer to comments above.

 

 

 

 

 

The amended plans show that the proposed dwelling will be sited 0.8 metres below the ridge height of No. 2 Crana Avenue.

 

In addition, the deletion of the previously proposed roof level will further reduce the degree of overshadowing.

 

At ground floor level, the southern splay wall has been replaced by glass as a continuation of the glazing along the eastern terrace, generally retaining view lines to the headland. The level of view loss is considered to be insubstantial.

 

At first floor level, the proposed dwelling is setback further than No. 2 Crana Avenue. As a condition of consent, the glazing to all balconies and the aforementioned southern splay wall will be replaced by clear glass.

 

As a condition of consent, an appropriate boundary fence is to be installed along the side boundary.

 

 

As noted above, all balustrading and infill panels associated with all balconies is to be of clear glass thereby retaining view lines to the water along Crana Avenue. This will also form a condition of consent.

 

In terms of privacy, the balcony is setback 2.5 metres from the side boundary which is considered to provide adequate separation between the dwellings. In addition, the width of the balcony (to Crana Avenue) is not one which allows for extended periods of recreation. The intention of the balcony, in its juliette style seeks to appreciate standing views to the water. It is noted that the extension of this balcony to the Wisdom Street frontage, where the width is greater, would provide for better recreational purposes and addresses the street.

The lift overrun should be designed so it does not unduly increase the bulk of the building and avoid exceeding ridge height higher than the Crana Avenue ridge line.

 

The proposal includes a balcony off bedroom 1 facing Crana Avenue which encroaches the recognised Crana Avenue streetscape. This will further impact views to Wedding Cake Island and to the water to Crana Avenue properties.

 

The proposal still has excessive length and height that will result in overshadowing to Crana Avenue properties.

 

 

There is no reasonable privacy in the area.

The height of the lift overrun will match the ridge height of No. 2 Crana Avenue.

 

Refer also to comments above.

 

 

Refer to comments above.

 

 

 

 

 

 

 

As stated, the applicant has incorporated the recommendations of Council to reduce the scope of the building in its form. The amendments have reduced the level of overshadowing.

 

The amended plans submitted by the applicant have incorporated all of the recommendations made in the previous Council report and as such have substantially reduced the overall scope of the development. The scale and dimensions of the balconies has been substantially reduced and the previously proposed rooftop level with front and rear terraces has been deleted from the plans.

 

To Crana Avenue, the design of the ground floor balcony is consistent with the form of adjoining development while at first floor level, as noted above, the proposed width is not intended for extended recreational purposes. In fact, with the exception of the ground floor balcony to Crana Avenue, the proposed alfresco dining area, and the larger first floor balconies are orientated towards Wisdom Street , minimising privacy impacts.

 

The proposed works generally accord with the required setbacks and height controls and as such is considered to be appropriate to the site.

Coogee Precinct Committee

 

That the Precinct object to the amended plans as the DA was still 30% above the FSR and there remained an adverse visual impact on neighbours and from the foreshore due to the height of the sky light and the lift overrun and wished to bring to Council attention the fact that modern lifts did not require such an overrun  

 

 

 

The amended plans have implemented the recommendations of Council as noted in the original assessment of the proposal. It is considered that the amended design is an appropriate representation of the site constraints and that the proposed floor space ratio is acceptable within the context of the site. The proposed balconies will provide for adequate articulation to the dwelling and the proposed landscaping works will act to further soften the appearance of the dwelling to both the Crana Avenue and Wisdom Street frontages.

 

In assessing the impact of the lift overrun, it is noted that the subject site is located at a lower level than properties to the rear.

 

The submitted plans show that the proposed lift overrun will measure 1.8 metres (width) x 0.6 metres (height).The plans further depict that the building height of the dwelling itself, will be 0.8 metres lower than that of No. 2 Crana Avenue. The lift overrun and skylight are the only elements which will exceed this height, however will align with the height of No. 2 Crana Avenue. It is considered that the lift overrun is a relatively small element in terms of its dimensions and is confined to the southern side of the roof.

 

Therefore the lift overrun is of an acceptable scale and will not result in any substantial view loss. 

 

6.    Technical Officers Comments

 

An amended application has been received for the demolition of the existing dwelling and construction of four level dwelling, swimming pool to rear, garaging and associated site works at the above site.

 

This report is based on the following plans and documentation:

·      Amended Architectural Plans by Draftsmart sheets C00-C10 stamped by Council 1st August 2011;

·      Amended Statement of Environmental Effects dated May 2011

·      Landscape Plan by GreenPlan, dwg no. 11.713-01, issue A, dated 27/07/11.

 

Parking Comments

Council’s DCP-Parking requires that dwellings with 3 or more bedrooms provide 2 off-street parking spaces. The submitted plans demonstrate compliance with this requirement with adequate room available for 4 compliant carspaces in the proposed basement garage.

 

Driveway Comments

The assessing officer is advised that driveway and grade issues raised in previous memo have been sufficiently addressed in the amended design.

It is noted that the garage floor level has been lowered to RL 22.34 (previously RL 22.50). This will allow the driveway to generally comply with Council’s maximum grade restrictions of 1 in 8. There may still be a minor non-compliance along the northern extremity of the driveway but this is not considered critical as it does not represent the trafficable path.  

 

Sewer Comments

Council records indicate that a 1.65 diameter sewer main owned by Sydney Water crosses approximately the middle of the site in a north south direction. Prior to the issuing of a construction certificate the approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect this sewer main and any other Sydney Water asset such as water mains, stormwater drains and/or easement, and if further requirements need to be met. Plans will be appropriately stamped.

 

Tree & Landscape Comments

There is no significant vegetation within the site that would pose a constraint to the proposed development in anyway, and as the natural topography of the site is a steep fall to the east (from 28.01 on the western boundary to 21.66 at the eastern boundary), terracing and masonry planters have been shown in order to maximise both the amount and usability of private open space that is available to occupants, with this proposal also achieving compliance with Council’s numerical controls for landscaped area in this Zone.

 

While the submitted landscape plan contains an appropriate level of detail that will enhance the appearance of the development and assist with its presentation to the respective streetscapes and neighbours, given this sites location only 50m from the ocean, conditions in this report require that those exotic species that may not be able to withstand the persistent salt laden winds in this frontline coastal environment be replaced with native coastal species, which is consistent with the Objectives and Performance Requirements contained in Council’s DCP.

 

7.    Master Planning Requirements

 

No Master Planning requirements apply to the subject site.

 

8.    Relevant Environmental Planning Instruments

 

-      Environmental Planning and Assessment Act 1979 as amended.

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

-      State Environment Planning Policy No 55- REMEDIATION OF LAND

-      Randwick Local Environmental Plan 1998 (Consolidation).

-      Development Control Plan – Dwelling Houses and Attached Dual Occupancy

-      Development Control Plan – Car Parking

-      Building Code of Australia.

 

(a)    Randwick Local Environmental Plan 1998

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

 

Clause 10 – Zone No. 2A (Residential A Zone)

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

 

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

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

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

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

(e)  to encourage housing affordability, and

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

 

The proposal is in keeping with objectives 1(a) and (f) of the zone. The proposal includes the demolition of the existing dwelling on the site and the construction of a single detached dwelling. As such, the low density residential environment is maintained.

 

In reference to objective (b), the current application has integrated Council’s recommendations to reduce the visual bulk and scale of the development. In terms of the maximum wall height, the proposed development is still in breach of Council’s preferred solution of a 7 metre wall height, however the proposed height of 8.9 metres occurs where the land has the greatest slope/fall. The breach, though non-compliant is considered to be reasonable within the context of the site as the proposed maximum wall height of the dwelling will be 0.8 metres below the ridge line of the adjoining property. The design is therefore in keeping with the form of development along Crana Avenue where dwellings gradually step down in height. In addition, the built form as viewed from Crana Avenue is consistent within the streetscape.

 

Furthermore, the deletion of the rooftop level and reduction in size to the northern and eastern balconies has reduced the visual bulk of the dwelling. The inclusion of clear glass balustrading will create further consistency within the streetscape and will act to retain view lines from Crana Avenue properties to the water.

 

In terms of objective (c), being the amenity of existing residents, following recommendations by Council the applicant has amended the plans to reduce the bulk and scale of the development and to open up view lines from Pearce Street and Crana Avenue to the water.

 

As noted above the deletion of the rooftop level and its associated terraces has substantially reduced the bulk and scale of the dwelling. In addition, the overall height of the dwelling will be consistent with the form of development along Crana Avenue and responds to the topography of the area.

 

The reduction in size to the northern and eastern ground floor balconies has also promoted new soft landscaping works which will further act to soften the appearance of the building to Wisdom Street and Alexandria Parade.

 

It is noted however that the amended plans show frosted glass balustrading and infill panels to the balconies. It is considered that clear glass would provide a better outcome as the intention is to retain view lines from Crana Avenue properties to the headland and to the water. This is further achieved in the southern splay wall to the ground floor being replaced by clear glass and a continuation of the glazing along the eastern terrace.

 

Objectives (d) and (e) are not relevant in this instance, as the residential use of the site will continue. The provision of affordable housing is not considered to be relevant in this instance given the nature of the proposal.

 

In terms of permissibility, dwelling houses and associated outbuildings are permissible in the 2A Residential Zone with Council consent. Therefore the proposed works to create a new dwelling and associated carparking are permissible with the consent of Council.

 

Clause 20B – Minimum Allotment Sizes

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

 

The site has an area of 347.3 m2 and a frontage of 5.385 metres to Crana Avenue. Given the irregular front building alignment, the existing frontage includes a splay corner of 6.45 metres which addresses both Crana Avenue and Wisdom Street. The site was a width of 10.07 metres. The site was subdivided and developed for residential purposes many years ago. This current proposal does not alter the site area or frontage. No further subdivision of the site is proposed. Given subclause (5) as stated above, the proposed works are not prohibited.


Clause 20E – Landscaped Area

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

 

Clause 20F – Floor space ratios

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

 

Clause 20G – Building Heights

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

 

Clause 22 – Services

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

 

Clause 28 – Tree Preservation Orders

The application does not propose the removal of any trees and is therefore not applicable in this instance.

 

Clause 29 – Foreshore Scenic Protection Area

Clause 29 requires that consent may only be granted to a building within the Foreshore Scenic Protection Area after it has considered the probable aesthetic impact.

 

The subject site is located within a Foreshore Scenic Protection Area under RLEP 1998.

 

The proposed building has been stepped to the northern and eastern elevations and has been articulated with balconies, terraces and window openings. It is considered that the amended plans provide for a level of bulk and scale that is consistent with surrounding development and positively contributes to the overall streetscape.

 

Although the proposal exceeds the maximum wall heights, this occurs where the fall of the land is at its greatest. The height of the dwelling responds to the topography of the area and will be consistent with the scale and rhythm of development along Crana Avenue.

 

In terms of the proposed floor space ratio, it is considered that the amended design is an appropriate representation of the site’s constraints and the proposed floor space ratio acceptable within the context of the site.

 

The proposed colour scheme has been selected to reflect the colours and materials of newer development in the immediate area and is suitable to the character of the coastal location. Balconies/terraces to the adjoining properties have been constructed using clear glass panels to retain and promote view sharing and is considered to be a more desirable design outcome. The use of clear glass panels will further act to reduce the bulk and scale of the development.

 

The submitted plans indicate the planting of shrubs and ground covers along the northern and eastern elevations to soften the experience of the dwelling to the two street frontages.

 

The proposal is considered to be generally consistent with the height and bulk of adjoining developments and will generally align with the existing streetscape for the reasons stated above.

 


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

The provision of a BASIX certificate indicates that compliance with the current targets set for thermal, energy and water conservation have been met by the development.

 

A revised BASIX report was not submitted as part of the amended plans. As a condition of consent, a revised BASIX is to be submitted prior to the issue of a Construction Certificate.

 

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

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

 

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

 

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

 

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

 

8.1 Policy Controls

 

a.    Development Control Plan Dwelling Houses and Attached Dual Occupancies

The DCP for Dwelling Houses and Attached Dual Occupancies states that a proposal is deemed to satisfy the Objectives and Performance Requirements of the DCP if it complies with the corresponding Preferred Solutions. 

Therefore, the tables below assess the proposal against the Preferred Solutions, and where non-compliance results, assessment is made against the relevant Objectives and Performance Requirements. 

Landscaping

 

Preferred Solution

Assessment

S1

40% of the total site area is provided as landscaped area.

A landscape plan has been prepared by Greenplan.

The proposal provides for approximately 140.0m² of landscaped area which equates to 40% of the total site area.

S1

A minimum of 25m² of useable private open space is to be provided.

The rear yard is approximately 44.308 m² in total area. Complies.

S1

Each dwelling must provide an area of private open space capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

The private open space is approximately 10.0 m x 4.4 m and is relatively flat as part of the site works. Complies.

S1

Private open space in the front yard area is located behind the building line.

The private open space is located within the rear yard.

 

The development also provides for balconies at ground floor level that are elevated above ground level and are to be built to the boundary, in front of the building alignment. These elements could be considered non-compliant as they form part of usable open space, however overall the open space is considered satisfactory.

S6

20% of the total site area has permeable treatment.

The proposal provides for 109 m² or 31.4% of permeable area within the rear yard. Complies.

 

The Objectives of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced; dwellings are provided with usable outdoor recreation space; storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design; and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

 

The Performance Requirements are that the size and dimensions of landscaping suit the needs of the occupants; location and design of open space takes advantage of aspect for year round use; indigenous species are used and existing vegetation is recycled where possible; planting does not obstruct or interfere with entries; and unpaved areas are maximised to allow stormwater infiltration.

 

The proposal is generally compliant with these provisions however some discussion needs to be made to the proposed balcony off the ground floor level. To both street frontages, the proposal provides for balconies that have been built to the boundaries and are thus forward of the established building line.

 

The proposed eastern balcony at the ground floor level aligns with the form of development along Crana Avenue which provides for terraces built to the front boundary and are elevated above garage levels. Given this, it is considered that the proposed balcony is consistent with the scale of surrounding developments. The balcony set aside as alfresco seating, is considered acceptable and helps to articulate the building.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.6:1 applies. 

The revised statement submitted with the amended plans state that the total gross floor area generated by the proposal is 267m2 which results in an FSR of 0.77:1. Does not comply. See comments below.

 

The Objectives and Performance Requirements of the DCP are that developments are not excessive in bulk or scale; are compatible with the existing character of the locality; and minimise adverse effects of bulk on neighbours and the street.

 

As part of the submitted plans, a floor space analysis plan was included highlighting areas that have been counted as floor space by the applicant. It is noted that the proposed ground and first floor balconies/terraces have not been included in this calculation nor has the garage or lobby/internal stairs within the basement level.

 

Under the definition of gross floor area as per this Development Control Plan, balconies, decks and terraces more than 1m above ground level and exceeding a total of 40m2 are included in gross floor area as such elements are deemed to contribute to the visual bulk of the dwelling.

 

The definition further allows for the exclusion of 40m2 of car parking. It is noted that an additional 53.21m2 of floor area is contained within the basement level, excluding A/C and plant rooms, lift towers and the allowed 40m2 of garage area.

 

It is also noted that up to 40m2 of balconies, decks and terraces elevated more than 1 metre above ground level may be excluded from the calculation.

 

Thus in view of the above and in accordance with Council’s definition of gross floor area, the development generates 348.04m2 of gross floor area as opposed to the stated 267m2. This creates a floor space ratio of 1.002:1 which exceeds the standard.

 

In reviewing the floor space ratio in the context of the site, one could state that the rear portion of the basement level is contained below the ground level and does not contribute towards the perceived bulk of the dwelling. When combined with the allowed 40m2 of car parking, one could argue that the basement level does not add any additional bulk.

 

The scope of the terraces and balconies has also been substantially reduced as per Council’s recommendation.

 

On this basis, upon excluding the basement level, the development generates 266.83m² of gross floor area which equates to a floor space ratio of 0.77:1.

It is clear that the subject site presents several constraints in its layout, in terms of its relatively small site area and narrow street frontage to Crana Avenue particularly when contrasted to the layout of surrounding allotments. In addition it is worthy to note that the ground floor eastern balcony comprises of 30.45m², however is a consistent feature of the Crana Avenue streetscape.

 

It is considered that the amended design is an appropriate representation of the site constraints and that the proposed floor space ratio is acceptable within the context of the site.

 

The proposed balconies will provide for sufficient articulation to the dwelling and the proposed landscaping works will act to further soften the appearance of the dwelling to the Crana Avenue and Wisdom Street frontages.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

 

External wall height of the building not exceed 7m

The proposed wall height of the dwelling reaches a maximum of 8.9 metres, which is a non-compliance of 1.9 metres. Does not comply – See comments below.

S1

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

The proposed external wall height to the rear elevation is 5.7 metres. Does not comply – See comments below.

S3

Cut or fill does not exceed 1m.

The basement level – will be cut at a depth greater than 1 metre, including level changes to the rear yard. The level changes relate to the fall of the land and are acceptable.

S3

No excavation within 900mm of a side boundary.

The proposed basement level which is to be partly excavated has been setback 1.0 metre from the boundaries. Complies.

S3

No excavation within 4m of a rear boundary.

The basement level, which requires excavation works, has been setback a minimum of 9.4 metres from the rear boundary. The creation of the pool and terracing of the rear yard will result in works closer than 4 metres however the amount of excavation is not unreasonable and characteristic with works carried out by other sites. 

S4

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

The design provides a step via the lift and thus there is no wall longer than 12 metres. Complies.

S5

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

Not applicable.

The Objectives of the DCP are that developments should not be excessive in height and scale and be compatible with the existing character of the locality; to ensure impacts in terms of privacy, natural light and views are minimised; and with respect to additions that they not detract from the individual character and appearance of the existing dwelling.

The relevant Performance Requirements are that the height of buildings should relate to those in the existing streetscape and the topography; buildings be designed to enhance the existing desirable built form character of the street by adopting where relevant characteristics of mass and proportion, materials and finishes, roof form and pitch, facade articulation, window and door location and proportions, and verandahs, eaves and parapets; with respect to additions to semi-detached dwellings they integrate with the attached dwelling; and views are shared.

The development exceeds the maximum wall height where the land has the greatest slope/fall as the building steps down the site. This breach is however considered acceptable as it is further down the site and the overall height will still be lower than the dwelling at No 2 Crana Avenue and hence, the stepping of the built form down Crana Avenue. Furthermore, the building form as viewed from Crana Avenue is consistent within the streetscape.

As noted above, the proposed basement level though visible to Crana Avenue is partially concealed from view to the Wisdom Street frontage and the greater bulk of the level is contained below ground level. The level is considered appropriate to the site, as there exists no other suitable location to provide for car parking and the siting of garages at this elevation aligns with the design of dwellings along Crana Avenue.

 


Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

Proposed front setback varies from 5.7 metres at basement level, 5.0 metres at ground floor and 6.2 metres at first floor level off Crana Avenue.

S2

No part of the building is closer than 4.5m from rear boundary.

The ground and first floors of the dwelling are setback 9.4 metres. Complies.

 

S3

Side setbacks are to be 900mm for any part of the building at ground level.

At basement and ground floor level the dwelling has been setback a minimum of 1.0 metre from the northern and southern side boundaries with the exception of the proposed northern balcony (alfresco dining) to the ground floor which is to be built to the boundary.

S3

Side setbacks are to be 1.5m at second floor level.

The proposed first floor provides for a minimum 1.0 metre setback to the side setbacks with the exception of the proposed northern balcony which is built to the boundary.

 

S3

Side setbacks are to be 3.0m at third floor level.

Not applicable.

 

The Objectives and Performance Requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours; and with respect to front boundary setbacks the proposal generally conform to the adjoining development or dominant streetscape.

 

To the Crana Avenue frontage, the basement level has been setback 5.7 metres from the boundary and 5.0 metres at ground floor level. This is considered appropriate and generally aligns with the setbacks of the adjoining property.

 

At ground floor level, the proposed terrace is to be built to the boundary which is consistent with the scale of such terraces to adjoining dwellings. The proposed level of the garage (RL 25.40) generally aligns with that of 2 Crana Avenue (RL 25.86) thereby retaining view lines.

 

A 6.2 metre setback is proposed at first floor with the associated terrace set 5.0 metres off the boundary.

 

The proposed setback at first floor level to the southern boundary though non-compliant is consistent with the existing setback of adjoining properties. The proposed windows along this elevation are to non-habitable rooms within the subject dwelling and therefore considered to have negligible impacts to privacy.

 


Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

Location of windows on the adjoining southern properties does not have windows from habitable rooms looking out to this property.

 

S1

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

At ground and first floor level, to the southern side boundary, windows are proposed to the southern side boundary to the laundry and stairwells which are considered appropriate as these are not habitable spaces.

S1

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

Given the location of windows and separation between buildings there is no need for increased sill heights. It is recommended that windows for the stair well should be fixed obscure glazing.

S3

Buildings comply with AS 371 and AS 2107.

Can be conditioned to comply with the Building Code of Australia if approval was to be issued.

 

The Objective of the DCP is to ensure that new buildings and additions meet the occupant and neighbours requirements for visual and acoustic privacy.

 

The Performance Requirements include that overlooking of internal private living areas is minimised through appropriate building layout, location and design of windows and balconies; and separation, screening devices and landscaping be used to assist in minimising privacy impacts.

 

It is considered that the proposed ground floor terrace is consistent with the form of development along Crana Avenue and is considered appropriate in its revised dimensions. The remaining balconies, with the exception of the first floor balcony to Crana Avenue, have been orientated to address Wisdom Street and are unlikely to disrupt the visual and acoustic privacy of adjoining neighbours. As noted above, the first floor balcony to Crana Avenue has been setback 2.5 metres from the side boundary allowing for appropriate separation between the subject site and the adjoining southern property. In addition, its juliette style seeks to appreciate standing views to the water. The extension of this balcony to the Wisdom Street frontage, where the width is greater, would provide for better recreational purposes and addresses the street.

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

Pedestrian entry to the dwelling will be via Wisdom Street and is clearly visible to the street.Complies.

S1,3

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

Windows to bedrooms and living areas at first and ground floor level overlook Wisdom Street and Crana Avenue.Complies.

S2

A Council-approved street number is conspicuously displayed at the front of the dwelling or front fence.

Can be complied with.

 

The Objectives and Performance Requirements of the DCP seek to ensure that a safe physical environment and crime prevention is promoted through design, including that buildings are designed to face the street and other public areas to provide for surveillance; dwellings and their entrances are readily identifiable by street numbering and design of front fences; and landscaped areas allows for safe access to the dwelling.

 

As detailed in the above table, the proposal meets Council’s requirements

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

Council’s Parking DCP requires 1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

Four bedrooms are proposed as part of the development. Four car spaces are proposed. Complies.

S1

Car parking spaces have a minimum dimension of 5.5m x 2.5m.

Complies. Garage has dimensions of 11.3m x 7.3m.

S1

Driveways have minimum width of 3m and are set back at least 1m from the side boundary.

Minimum driveway width of 3.5metres and is setback 1.0 metres from the southern side boundary.

S1

Driveways have a maximum width of 3m at the property boundary.

Proposed driveway width of 3.5 metres and though non-compliant is considered to meet the objectives of the standard by enabling safe convenient and safe access to the garage.

S1

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

Driveway gradients generally comply.

S1

With respect to garages and carports to rear lanes these should be set back 1m to improve pedestrian visibility.

Not applicable.

S2

Parking and access is provided from the rear of the allotment where possible.

Not applicable.

S2

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

Garage has been setback 5.7 metres from the front boundary. Complies.

S2

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

Given the narrow street frontage, the proposed garage will occupy 80% of the width which though non-compliant is consistent with the design of adjoining properties.

 

The Objectives and Performance Requirements of the DCP include that car parking and driveways are not visually obtrusive and do not detract from the appearance of the dwelling and the streetscape; and structures are compatible in scale, form, materials and finishes with the associated dwelling.

As detailed in the above table, the proposal meets Council’s requirements

 

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

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

Complies. To the Wisdom Street frontage the proposed fence is stepped to reflect the change in site levels.

S1

Fences in front of the building line or on street frontages may be up to 1.8m provided that the upper two thirds is at least 50% open.

The fence around the dwelling varies from 500mm to 1.5 metres. The fence to the rear yard off Wisdom Street varies from 1.3m to 1.8m given the slope of the land. A gate has a height of 2.0m. The proposed fence has been modified as per Council’s earlier comments and is considered acceptable.

 

In addition, it is noted that the submitted landscape plan shows that no boundary fence is proposed to part of the southern side boundary between the subject site and 2 Crana Avenue. As a condition of consent, it is considered that an appropriate boundary fence is to be installed along the side boundary to ensure privacy and security are maintained to both properties.

 

As detailed in the above table, the proposal meets Council’s requirements.

 

Foreshore Development

 

Performance Requirements

Assessment

P1

No encroachments on Foreshore Building Line at identified properties.

Not applicable.

7P2

Building form, colour, materials and finishes are sympathetic.

Proposed colours and finishes are generally consistent with surrounding development.

 

It is noted that the submitted plans indicate that the balustrading and infill panels to the balconies will be of frosted glass. As noted in Council’s initial assessment of the application, all balustrading and infill panels are to be of clear glass so as to maintain view lines to the water.

P3

Stepped buildings on sloping sites are articulated.

Refer to comments regarding proposed height of the dwelling.

P4

Buildings incorporate sufficient setbacks to allow fair sharing of views.

The proposal provides for adequate landscaping.

 

It is considered that the current proposal, generally retains view lines.

P5

Ancillary structures do not detract from the appearance of developments.

Not applicable.

 

As detailed in the above table, the proposal generally meets Council’s requirements. As a condition of consent, all balustrading and infill panels to the proposed balconies are to be of clear glass.

 

Solar Access and Energy Efficiency

 

 

Preferred Solution

Assessment

S1

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

A revised BASIX Certificate was not submitted as part of the amended plans. As a condition of consent, a new BASIX certificate is to be submitted prior to the issue of a Construction Certificate.

S2

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

Complies. Private open space within the rear yard will achieve the required 3 hours.

S2,8

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

Complies. The development provides for an east/west orientation. Living areas have been orientated to the east where possible.

S9

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

Complies. Appropriate levels of solar access will be retained to the solar panels of the adjoining dwelling to the south.

S9

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

Complies. Living area of adjoining property is orientated to the east. Adequate solar access will be achieved in the morning period.

S9

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

Complies. There will be increased shadowing at 9am and 12pm to what currently exists, however the required 3 hours will be maintained throughout the day.

 

As detailed in the above table, the proposal meets Council’s requirements

 

Other issues

 

View loss

In terms of assessing the view impacts, the Land and Environment Court has created a Planning Principle aimed at aiding consent authorities in determining whether an application has an acceptable impact, or otherwise on views affected (Tenacity Consulting v Warringah Council (2004) NSWLEC 140). In this ruling, Senior Commissioner Roseth established a test for assessment of view impact, as follows:

 

The first step is the assessment of views to be affected.

 

Water views are valued more highly than land views. Iconic views (e.g. Opera House, the Harbour Bridge or North Head) are valued more highly than partial views, e.g. a water view in which the interface between land and water is visible is more valuable than one in which it has been obscured.

 

The subject site and surrounding development are currently afforded views to the ocean and iconic Wedding Cake Island to the north and east of the subject site.

 

The properties located at 2 Crana Avenue and 2 Pearce Street currently enjoys whole views to Wedding Cake Island and extensive water views. No 4 Pearce Street has some water and foreshore views. The view loss from No 3 Wisdom Street is not enough that it would be considered significant when assessed against the planning principle.

 

The current views are shown in the below images from living spaces.

 

        

View from living area of No 3 Wisdom St. Please note that the height poles shown on this photo reflect the original design and not this proposal.

 

The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

 

The existing views from 2 Crana Avenue may be achieved through the front and side boundaries from a standing and sitting position whilst views from 2 and 4 Pearce Street are obtainable over and above the existing dwellings located along Crana Avenue and are obtainable from a sitting and standing position.

 

It is noted that the siting of the proposed ground floor balcony to the subject site will result in the partial loss of view of the headland and water as viewed from the Crana Avenue property. However as recommended the southern splay wall to the ground floor will be replaced by clear glass. This will continue the glazing along the eastern terrace and will retain view lines from No. 2 Crana Avenue to the water. In addition, as a condition of consent all balustrading and infill panels to the balcony will be required to be of clear glass to further retain view lines through the balcony.

 

To Pearce Street, the proposed development will not result in any substantial view loss given that the siting of the dwelling will be below that of No. 2 Crana Avenue. The proposed lift overrun will match the ridge height of the adjoining property, however will be concealed from view.

 

The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service area (though views from kitchen areas are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

The proposal will result in a minor view loss to No. 2 Crana Avenue considering that the current window orientation of the living room provides for limited views to the water when in a sitting position. The extensive view attainable from the property is not fully realized unless one is in a standing position in front of the window. The view to Wedding Cake Island is not impacted by this proposal.

 

It is worthy to note however that views to the water, headlands and Wedding Cake Island are currently shared by residents along Crana Avenue due to the very consistent front setbacks of these dwellings.

 

The amended plans show that the proposed eastern aspect of the balcony to bedroom No. 1 at the first floor level, which overlooks Crana Avenue has been reduced in its depth whereby the projection of this element will not exceed the alignment of the ground floor wall below. This will allow for a front setback that is consistent with the form of adjoining dwellings and promote view sharing.

 

It is considered that the amended plans, namely the introduction of clear glass balustrading and infill panels and the replacement of the southern splay wall to the ground floor living room with clear glass will improve the view corridor and minimise the bulk and scale of the project.

 

To No. 2 Pearce Street, the view loss is considered to be negligible as the proposed height of the dwelling will be below the ridge height of the adjoining property. The siting of the lift overrun is considered to be appropriate given the relatively small size of the element.

 

The potential view loss to No. 4 Pearce Street is also considered to be minor notwithstanding that part of the view to the ocean and headland will be lost. The photo montage, submitted as part of the initial application clearly demonstrates that it is the siting of the previously proposed rooftop terrace level, in particular the indoor/outdoor room that is the primary factor in causing the loss of views. As this level has since been deleted, view lines to the water and headland will generally be retained by this proposal.

 

However it is worthy to note that the view loss from No 4 Pearce Street has been greatly lost by existing newer developments. Furthermore, the existing dwelling on site will in time be redeveloped, being of an older stock, with the planning of any future dwelling opening an opportunity to retain views.

 

In terms of No 3 Wisdom Street, the loss of water view is considered minor and the views afforded to the living area as a whole will not affect the amenity of that property.

 

The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of noncompliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

 

The loss of views is not considered to be severe. Though there are non-compliances with the proposed wall height, floor space ratio and setback controls, it is considered that the amended scheme has resulted in a closer compliance to the required floor space ratio and height controls and have allowed for a wider view line to be maintained with view sharing promoted.

 

It is deemed that the current proposal will not result in any unreasonable view loss concerns.

 

7. Development Control Plan- Parking

 

The DCP provides the following car parking provisions for dwelling houses.

 

Rate

Requirement

Proposed

Dwelling Houses

1 space per dwelling with 2 or less bedrooms.

2 spaces per dwelling house with 3 or more bedrooms.

2 spaces

4 spaces

 

The proposal complies with the parking requirements for a dwelling house.

 

The application provides 4 parking spaces to be provided in a stacked formation within the basement garage.

 

Driveway gradients do comply with maximum ramp grade of 1 in 6 and less than 1 in 20 for the first 5m from the property boundary.

 

Parking structures are clear of all obstructions, including columns, ducts, pipes etc.

The minimum dimensions for a car space are 5.5m x 2.5m.

 

9.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

 

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

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

An amendment to the Randwick Local Environmental Plan 1998 Consolidation: Clarifying the definition of ‘dwelling house’, ‘attached dual occupancy’ and multi-unit housing’ has been placed on exhibition. The amendment provides revised definitions for dwelling houses, attached dual occupancies and multi unit housing.  The proposal is not affected by this change to the definitions and under this draft.

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

The proposal generally satisfies the preferred solutions in the DCP Dwelling Houses and Attached Dual Occupancies.

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, have been addressed in this report

 

The proposed development in its current form is consistent with the dominant residential character in the locality.

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

The site is located in an established residential area. Therefore, the site is considered suitable for the proposed development.

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

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

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

The proposal, due to its impacts, will promote the objectives of the zone and will result in a significant environmental impact on the locality. Accordingly, the proposal is considered to be in the public interest in its current form.

 

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 proposed development has been assessed against Section 79C of the Environmental Planning and Assessment Act 1979, and Randwick Local Environmental Plan 1998 and is considered satisfactory.

 

The proposed development is considered appropriate within the context of the site. The application is recommended for approval subject to the attached conditions of consent.

 

 


5 Wisdom Street, Coogee (DA/837/2010) - report to Planning Committee 13 September 2011

Attachment 1

 

 

 

Recommendation

 

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. D/837/2010 for the demolition of an existing dwelling and construction of a three level dwelling with an in ground swimming pool to rear, garaging and associated site works, at No. 5 Wisdom Street, South Coogee, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Sheet No. D000

Site Analysis/Site Management Plan

Draftsmart Pty. Ltd.

18/07/11 Amendment D Roof Terrace Deleted

Sheet No. D01

Garage Plan

Draftsmart Pty. Ltd

18/07/11 Amendment D Roof Terrace Deleted

Sheet No. D02

Ground Floor Plan

Draftsmart Pty. Ltd

18/07/11 Amendment D Roof Terrace Deleted

Sheet No. D03

First Floor Plan

Draftsmart Pty. Ltd

18/07/11 Amendment D Roof Terrace Deleted

Sheet No. D05

Elevations

Draftsmart Pty. Ltd

18/07/11 Amendment D Roof Terrace Deleted

Sheet No. D06

Elevation, Section

Draftsmart Pty. Ltd

18/07/11 Amendment D Roof Terrace Deleted

Sheet No. D10

Floor Space Analysis

Draftsmart Pty. Ltd

18/07/11 Amendment D Roof Terrace Deleted

 

Amendment of Plans & Documentation

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

 

a.     The rooftop level must not be used as a trafficable area.

 

b.     The balustrading and infill panels to all balconies must consist of clear glass so as to ensure view lines are maintained and to reduce the visual bulk of the dwelling. The southern splay wall at ground floor level is also to be replaced by clear glass as a continuation of the glazing along the eastern terrace.

 

c.     A continuation of fence at a height of 1.8m above the ground level of the subject site must be installed along the side boundary between the subject site and No. 2 Crana Avenue.

 

d.     Prior to the issue of a Construction Certificate, a revised BASIX certificate is to be issued which reflects the current 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 schedule of external colours and finishes shall be in general accordance with the documentation received by Council on 27 September 2010.

 

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 $900,000 the following applicable monetary levy must be paid to Council: $ 9,000.00.

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposits

7.       The following security deposits requirement must be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to Council’s assets and infrastructure; and as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

·           $600.00     -      Damage / Civil Works Security Deposit

 

Security deposits 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.

 

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

8.       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.

 

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.

 

Design Alignment levels

10.     The design alignment level (the finished level of concrete, paving or the like) at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage.

 

The design alignment level/s at the property boundary as issued by Council and their relationship to the roadway/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.

 

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

 

11.     The design alignment levels at the property boundary as issued by Council and their relationship to the roadway/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.

 

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

 

 

Driveway Design

12.     The gradient of the internal access driveway must be designed and constructed in accordance with AS 2890.1 (2004) – Off Street Car Parking and the levels of the driveway must match the alignment levels at the property boundary (as specified by Council). Details of compliance are to be included in the construction certificate.

 

BASIX Requirements

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

 

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

 

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

 

Stormwater Drainage

14.     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.

 

Building & Design

15.     Eaves, gutters, hoods and similar structures or attachments are required to be setback from the side boundaries of the allotment a minimum distance of 450mm.

 

Security Deposit

16.     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:

 

·           $3000.00    -      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.

 

Design Alignment levels

17.     The design alignment level (the finished level of concrete, paving or the like) at the property boundary for driveways, access ramps and pathways or the like, shall be:

 

For  Driveway (Crana Avenue)

·      50mm above the top of the kerb opposite at the southern edge of the driveway

·      100mm above the top of the kerb opposite at the property corner located on the driveway

·      200mm above the top of the kerb opposite at the northern edge of driveway.

·      Straight grade between these points

 

 For Pedestrian entrance (Wisdom Street)

·       RL 25.05 (AHD).

 

The design alignment levels at the property boundary as issued by Council 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.

 

      Any enquiries regarding this matter should be directed to Council’s Development Engineer Jason Rider on 9399 0881.

18.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $526 calculated at $46.00 (inclusive of GST) per metre of Crana Avenue frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

19.     The gradient of the internal access driveway must be designed and constructed in accordance with AS 2890.1 (2004) – Off Street Car Parking and the levels of the driveway must match the alignment levels at the property boundary (as specified by Council). Details of compliance are to be included in the construction certificate.

 

 

Sydney Water

20.     Prior to the issuing of a construction certificate the approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect any Sydney Water asset’s sewer and water mains, stormwater drains and/or easement, and if further requirements need to be met. Plans will be appropriately stamped.

 

         Please refer to the web site www.sydneywater.com.au for Quick Check agent details and Guidelines for Building Over/Adjacent to Sydney Water Assets.

 

Stormwater Drainage

21.     Prior to the issue of a construction certificate, detailed drainage plans with levels reduced to Australian Height Datum (AHD), shall be prepared by a suitably qualified Hydraulic Engineer and be submitted to and approved by the certifying authority.  A copy of the plans shall be forwarded to Council, if Council is not the certifying authority.

 

The drainage plans must demonstrate compliance with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing and Drainage - Stormwater Drainage) and the relevant conditions of this development approval.

 

22.     Generally all site stormwater shall be piped to a sediment/silt arrester pit that drains by gravity to  Council's kerb and gutter or underground drainage system in Canara Avenue or Wisdom Street.

 

NOTES:

a.       The sediment/silt arrestor pit shall be constructed:-

(i)  within the site at or near the street boundary.

(ii) with a child proof and corrosion resistant fastening system (e.g. spring loaded jay-bolt).

(iii) with a minimum of 4 x 90 mm diameter weep holes (preferably located in the walls of the pit at the floor level) and with a suitable geotextile material with a high filtration rating located around the weep holes.

(iv)  with the pit floor being a minimum 300mm below the invert level of the outlet pipelines.

(v) with a galvanised heavy duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet pipes draining to the infiltration pit and the kerb. (Similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

 

b.       The overflow pipe/s from the rainwater tank/s shall be directed into the sediment arrestor pit.

 

23.     Sub-soil drainage (from site seepage & planter boxes etc) must comply with the following requirements:

 

a)     Sub-soil drainage must not be connected or discharged directly or indirectly to Council’s street gutter.

 

b)     Sub-soil drainage systems (if provided) must comply with one or more of the following requirements:-

 

i.   The system may be connected directly to Council’s underground drainage system (but only with the prior written approval of Council, as required under the Roads Act 1993).

 

ii.   The basement areas of the building must be tanked and waterproofed to prevent seepage water and subsoil drainage from entering the building.

 

iii.  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.

 

c)     Details of the proposed stormwater drainage system including methods of sub-soil drainage, tanking/waterproofing (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.

 

24.     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

 

Street Tree

25.     The applicant shall submit a payment of $107.25 (including GST), being the cost for Council to supply and install 1 x 25 litre street tree, Banksia serrata (Saw Toothed Banskia) on the Wisdom Street verge, just east of the proposed pedestrian entry, at the completion of all works.

 

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

 

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

 

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

26.     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

27.     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

28.     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

29.     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

30.     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

31.     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

32.     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

33.     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

34.     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.

 

Demolition & Construction Waste

35.     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.

 

Public Utilities

36.     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.

 

Landscaping

37.     Prior to the commencement of site works, the PCA must ensure that the Landscape Plan by GreenPlan, dwg no. 11.713-01, issue A, dated 27/07/11 has been amended to show the following requirements:

 

a)   Agapanthus praecox (African Lily) shall be replaced with a native coastal species of similar form and function, such as the Lomandra or Dianella genus or similar;

 

b)    The 2 x Magnolia ‘Little Gems’ (Dwarf Magnolia) shown on the Crana Avenue frontage shall be replaced with native coastal trees of similar size from the Banksia or Cupaniopsis genus or similar;

 

c)   Identification of ‘LE’ in the plant schedule, which is currently not listed, and must not be an invasive species in anyway that would have the capacity to escape cultivation and threaten the coastal corridor to the east of the site

 

d)   In order to ensure satisfactory maintenance of those garden areas proposed beneath the awning and vergola, which may be deprived of natural rainfall, an automatic drip irrigation system shall be installed within these areas, with details to be provided showing that the system will be connected to the sites rainwater tanks, with back-up connection to the mains supply, in accordance with all current Sydney Water requirements.

 

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

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

 

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

 

Site Signage

39.     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

40.     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

41.     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

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

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Sediment & Erosion Control

43.     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

44.     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

45.     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.

 

46.     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.

 

47.     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

48.     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

49.     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.

 

Road/Asset Opening Permit

50.     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.

 

Tree Management

51.     No objections are raised to removing any of the existing vegetation within the site where necessary in order to accommodate the proposed works as shown, subject to full implementation of the approved landscaping.

 

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

52.     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

53.     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

54.     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.

 

Swimming Pool Safety

55.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926.1 - 2007.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

A ‘warning notice’ must be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

Swimming Pool & Spa Pool Requirements

56.     Swimming pools (and spa pools) are to be designed, installed and operated in accordance with the following general requirements:

 

a)     Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

 

b)     All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and

                 

c)     Water recirculation and filtrations systems are required to comply with AS 1926.3 – 2003:  Swimming Pool Safety – Water Recirculation and Filtration Systems; and

 

d)     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

Notification of Swimming Pools & Spa Pools

57.     Written notification must be provided to Council advising of the installation and completion of the Swimming Pool (or Spa Pool), to satisfy the requirements of the Swimming Pools Act 1992.

 

Council’s “Notification & Registration of a Swimming Pool” form must be completed and forwarded to Council prior to any Occupation Certificate being issued for the pool.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

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

b)  Construct new concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site which will necessitate the removal of the existing stormwater lintel and replace with a new v-grate located above the existing pit to Council's specification.

c)  Construct new kerb inlet pit immediately to the south of the new vehicle crossing and connect to the existing pit via a new section of 375mm diameter reinforced concrete pipe to Council requirements.

d)  Remove the illegal steps on council street verge in Wisdom Street and replace with new council footpath and steps as required between kerb and the pedestrian entrance to the site to the satisfaction of Council. 

 

60.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

61.     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.

 

62.     The nature-strip upon both of Council's footways shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar, prior to the issue of a Final Occupation Certificate.

 

63.     The PCA must ensure that landscaping at this site is installed in accordance with the approved landscape plan and relevant conditions of consent, prior to issuing a Final (or any other type of Interim) Occupation Certificate/s, with the owner/s to ensure that the landscaping is maintained in a healthy and vigorous state until maturity, for the life of the development.

 

Stormwater Drainage

64.     Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with Australian Standard 3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and the conditions of this development approval. The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

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

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

 

External Lighting

66.     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 – Swimming Pools & Spa Pools

67.     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.

 

Pool Plant & Equipment

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

 

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

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

 

Protection of the Environment Operations Act 1997 – Air Conditioners

69.     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.

 

Air Conditioning & Equipment

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

 

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

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

 

Protection of the Environment Operations Act 1997 – Rainwater Tanks

71.     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

72.     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.

 

Waste Management

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

 

ADVISORY NOTES

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

 

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).

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

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

 

 


5 Wisdom Street, Coogee (DA/837/2010) - report to Planning Committee 13 September 2011

Attachment 1

 

 

Attachment/s:

 

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