Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 13 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                       13 September 2011

 

 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 13 September 2011 at 6:00pm.

 

 

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

 

Quorum:                           Eight (8) members.

 

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 9 August 2011

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Planning Matters

 

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

Development Application Reports (record of voting required)

D101/11    3 Milford Street, Randwick (DA/1132/2010) (Deferred)

D102/11    5 Wisdom Street, Coogee (DA/837/2010) (Deferred)

D103/11    3 Edgecliffe Avenue, South Coogee (DA/1046/2010)

D104/11    6 Sully Street, Coogee (DA/359/2011)

D105/11    20 Chester Avenue, Maroubra (DA/341/2011)

D106/11    22 Powell Street, Coogee (DA/439/2011)

D107/11    10-20 Anzac Parade, Kensington (DA/161/2011)

D108/11    155 Clovelly Road, Randwick (DA/309/2011)

D109/11    7-9 Creer Street, Randwick (DA/528/2011)

D110/11    16 Greenwood Street, South Coogee (DA/522/2011)

D111/11    43 Oswald Street, Randwick (DA/270/2011)

D112/11    155-157 Arden Street, Coogee (DA/58/2008/D)

D113/11    28 Benvenue Street, Maroubra (DA/319/2011)

D114/11    508-510 Bunnerong Road, Matraville (DA/449/2011)

D115/11    24 Cottenham Avenue, Kensington (DA/328/2007/A)

D116/11    2 St. Marks Road, Randwick (DA/98/2010/A)

D117/11    135-143R Beach Street, Coogee (DA/1037/2005/C)

D118/11    13-17 Botany Street, Randwick (DA/850/2008/E)

D119/11    34 Yorktown Parade, Maroubra (DA/89/2011)

Miscellaneous Reports

Nil   

Notice of Rescission Motions

Nil 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                       13 September 2011

 

 

Development Application Report No. D101/11

 

 

Subject:                  3 Milford Street, Randwick (DA/1132/2010)

Folder No:                   DA/1132/2010

Author:                   Perry Head, Environmental Planning Officer     

 

 Introduction

 

At the Council meeting of 28 June 2011, it was resolved (Woodsmith/Bowen):

 

‘That the application be deferred for mediation between the applicant and the objectors.’

 

A mediation was held on 18 August 2011 between the applicant and objectors to discuss the impacts of the proposal. No agreement was reached to the satisfaction of all parties with some amendments agreed to by some objectors but not by others. The owner of No.6 Judge Street wished to be noted as still objecting to the whole development.

 

Issues

 

The following amendments were discussed at the mediation.

 

●      The roller door to the eastern wall of the dwelling is to be reduced from 2.4m in width to 1.8m. This amendment was agreed to by all parties except the owner of No.6 Judge Street.

●      The swimming pool plant and equipment is to be enclosed in a sound attenuating enclosure. This was agreed to by all parties.

●      Of the east facing windows only the windows in W2 and two of the section of window panels that form W1 are to be openable. The objectors prefer that all the windows in the eastern elevation of the building be fixed with alternative ventilation methods considered.

●      Louvres to be installed to window 2. This was accepted by all parties.

●      A lightweight fence 1800mm in height be provided to the eastern side of the swimming pool above the edge of the pool to improve privacy. This was agreed to by the owners of No.10 Judge Street but not by the owners of No.s 6 & 8 Judge Street.

 

The proposed amendments to reduce the width of the roller door, ensure the swimming pool equipment is enclosed in a sound attenuating enclosure and amendments to the windows to restrict the number that open and install louvers to window 2 which were agreed to by most of the parties have been included in the recommended conditions of Development Consent. It would not be practical to require that all windows be fixed as that would not provide for adequate natural ventilation and mechanical ventilation to the lower ground as an alternative would not be an environmentally responsible option. 

 

The installation of a higher fence to the eastern side of the swimming pool will improve privacy from that part of the swimming pool, however it is noted that the swimming pool edge is almost hard up against the wall and opportunities to exit the swimming pool at that side are already restricted. In addition whilst a higher fence would provide an increased perception of privacy there are concerns expressed by two of the other objectors that they do not wish this fence to be raised any higher as it will result in the whole wall and fence to that portion of the eastern side of the building being raised by 300mm.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Conclusion

 

The proposal is recommended for approval subject to conditions.

 

 

Recommendation

 

        That Council, as the responsible authority, grant its development consent under Section 80 and 80(A) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 1132/2010 for alterations and additions to the existing dwelling, including the installation of a swimming pool and pergola within the rear yard at 3 Milford Street, Randwick subject to the following conditions:

 

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

1.       The development must be implemented substantially in accordance with the plans numbered 88091.2, drawing numbers 002B, 004B 005B, 006B, dated  07.04.11 and received by Council on 8 April 2011, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.       The external materials, colours and finishes of the building are required to match, as closely as possible, the existing building.

 

3.       There must be no encroachment of the structure/s or associated articles onto Council’s road reserve, footway, nature strip or public place.

 

4.       Access to the right of way must not be unreasonably interfered with during building works being undertaken associated with this development.

 

5.       The access roller door in the eastern wall is to be reduced in width to 1.8m and plans accompanying the Construction Certificate amended.

 

6.       Only two window panels to Window 1 in the eastern elevation of the building are to be openable with the remaining window panels fixed. Plans accompanying the Construction Certificate are to be amended.

 

7.       Louvres are to be installed to Window 2 and plans accompanying the Construction Certificate are to be amended.

 

The following condition is imposed to satisfy relevant requirements of the Sydney Water Corporation:

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

 

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

 

If 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 any works.

 

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

9.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $ 99 000 the following applicable monetary levy must be paid to Council: $ 495.00.

 

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.

 

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

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

 

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

 

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

 

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

 

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

 

·           Stormwater management (i.e. rainwater tanks)

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

·           Landscaping provisions

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

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

 

13.     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.

 

The following group of conditions have been applied to ensure that adequate drainage is provided from the premises and to maintain adequate levels of health and amenity in the locality:

14.     Surface water/stormwater must be drained and discharged to the street gutter or suitably designed absorption pit, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate application for the development.

 

Absorption pits must be located not less than 3m from any adjoining premises and the stormwater must not be directed or flow onto any adjoining premises or cause a nuisance.

 

Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

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

 

Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

16.     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).

 

17.     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 building works.

 

18.     The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), 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).

 

19.     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; and

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

 

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

 

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

 

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

 

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

 

22.     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 requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

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

 

Smoke alarms must comply with AS3786 – Smoke alarms and be connected to the consumer mains electric power supply and provided with a battery back-up.

 

Details of compliance with the provisions of the Building Code of Australia must be included in the plans/specification for the construction certificate.

 

The following conditions are applied to ensure that the development satisfies relevant standards of construction, and to maintain adequate levels of health, safety and amenity during construction:

24.     Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, detailing the design of the new retaining wall to the eastern side boundary and swimming pool design, including any works that are required to maintain the structural stability of the adjoining sites.

 

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

 

·          Occupational Health and Safety Act 2000 & Regulations

·          WorkCover NSW Guidelines & 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 DECC/EPA Guidelines

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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, 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,

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

·           excavations for 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.

 

29.     Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building, demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and Public Holidays.

 

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

 

30.     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, is required to be developed and implemented throughout the works, to the satisfaction of the Council.  A copy of the strategy must be provided to the Principal Certifying Authority and Council prior to the commencement of site works.

 

The Construction Noise Management Plan is to be prepared in accordance with the relevant provisions of the DECC Construction Noise Guideline.

 

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

 

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

 

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

 

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

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management details.

 

The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity to the satisfaction of Council. 

 

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

 

The sediment and erosion control measures are to be in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to the satisfaction of Council and details are to be provided in the Construction Site Management Plan. 

 

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

 

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

 

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

 

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

 

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

 

The following conditions are applied to ensure compliance with the Swimming Pools Act 1992 and to maintain public safety and amenity:

34.     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.

 

Temporary pool safety fencing is to be provided 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.

 

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.

 

35.     Swimming 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

a)    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

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

c)    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; and

d)    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:

 

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

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

 

36.     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, prior to issuing an Occupation Certificate.

 

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.

 

The following conditions have been applied to ensure that noise emissions from the development satisfy legislative requirements and maintain reasonable levels of amenity to the area:

37.     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.

 

38.     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 tank(s) 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 the rainwater tank(s) 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.

 

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

39.     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.

 

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

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

 

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

 

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

 

 

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

 

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

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

 

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

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

 

Tree Removals

43.     39  Approval is granted for removal of the two Syagrus romanzoffianum (Cocos Palms) and Cyathea cooperi (Tree Fern) in the rear yard, close to the rear of the existing dwelling, due both to their insignificance, as well as to accommodate the proposed works as shown

 

Advisory

A1      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.

 

Failure to comply with these important requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million under the Environmental Planning & Assessment Act 1979.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.

 

A2      A local approval application must be submitted to and be approved by Council's Building Services section 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 (greater than 3m in length) or any container or other article.

 

A3      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.

 

A4      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.

 

A5      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                       13 September 2011

 

 

Development Application Report No. D102/11

 

 

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

Folder No:                   DA/837/2010

Author:                   GAT & Associates , Pty Ltd     

 

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

Ward:                      East Ward

Applicant:                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 (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.

 

 

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:

 

Nil

 

 


Planning Committee                                                                                       13 September 2011

 

 

Development Application Report No. D103/11

 

 

Subject:                  3 Edgecliffe Avenue, South Coogee (DA/1046/2010)

Folder No:                   DA/1046/2010

Author:                   Willana Associates, Pty Ltd     

 

Proposal:                     Demolition of existing structures, torrens title subdivision of existing site into two allotments and construction of two x three storey dwellings with a swimming pool, garages, roof terraces and associated works (SEPP1 objection to minimum allotment size control)

Ward:                      East Ward

Applicant:                Mr P Benic

Owner:                         Mr P S Benic

Summary

Recommendation:     Approval

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan


Executive Summary

 

Development application DA/1046/2010 has been received by Council and has been assessed on the merits of the application and against the relevant legislation.  The proposal is for demolition of the existing dwelling and the construction of two detached dwellings on separate allotments.  The application is referred to the Planning Committee as it has a development cost of over $2 million. The proposal has received a number of objections and as a result of issues raised by Council the application was amended. The exhibition of the amended plans resulted in additional objections.

 

The development application, as originally submitted, had a specified cost of works over $2 million ($2.6 million).  The amendments to the proposal have resulted in a reduced cost of construction.  Notwithstanding, as the original application was submitted as a proposal over $2 million, there may have been a public expectation that the application would be reported to Council.  Accordingly, the report has continued to be processed as if it were over $2 million.

 

The site is currently the subject of an approval for an attached dual occupancy development.  This development consent allows for the construction of two large dwellings, side by side, over three storeys.

 

Council’s Development Engineer has provided comment on the proposal and recommended conditions if the design is to be approved.  The proposal complies with the relevant clauses contained within Randwick Local Environmental Plan 1998, with the exception of clause 20B for minimum allotment size, for which a SEPP 1 objection has been provided.  The proposal also complies with the objectives and performances requirements in the Randwick Council Dwelling Houses and Attached Dual Occupancies.

 

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

 

1.    The Proposal

 

The proposal is for the demolition of the existing dwelling, the Torrens title subdivision of the site, the construction of two three storey, three bedroom dwellings.  The construction includes excavation for basement carparking and the construction of a roof top terrace.  A swimming pool is proposed for one of the two dwellings. Amended plans were submitted on the 15 April 2011.

 

2.    The Subject Site and Surrounding Area

 

The subject site is located at 3 Edgecliffe Avenue, also known as lot 5B DP 410660.  The site covers an area of 773.8m2.  It has a 24.4m frontage to Edgecliffe Avenue (the Site). The eastern boundary is 30.835m in length; its western boundary is 32.3m and the rear boundary to the south is 24.37m.

 

The Site is located within the suburb of South Coogee.  The area is dominated by the coastline to the east.  The coastline provides significant view corridors for the dwellings in this area.  Malabar Road, to the west, provides a link to Maroubra to the south and Coogee to the north.

 

There is an access handle to a battleaxe allotment, known as 1 Edgecliffe Avenue, running down the western boundary of the Site.  The handle provides access to a single dwelling which is located directly to the south of the Site.

 

The adjoining buildings along Malabar Road, to the west of the Site, are generally of a higher density.  The residential flat building at 217 Malabar Road it is separated from the Site by the battleaxe handle.  The building directly to the east of the site is a detached residential dwelling.

 

3.    Site History

 

In 2005 a development application (DA/58/2005) was lodged for the Site, for an attached dual occupancy with associated basement parking and swimming pools within the front setback.  The original application received a number of objections from the adjoining residents.  The proposal was granted approval with deferred commencement.

 

There were three subsequent section 96 applications to include a roof top terrace, additional rooms at the basement levels and an extension to the deferred commencement timeframe.  These applications were subsequently approved.  There was also a section 96 application for a rumpus room level which was subsequently refused.

 

The current development application was lodged 26 November 2010 for the subdivision and construction of the proposed dwellings.  A set of amended drawings and an amended statement of environmental effects were submitted on 15 April 2011.  The amended drawings were the result of issues raised by Council in relation to the objections received. 

 

The amendments have resulted in a more acceptable design outcome particularly when compared to the attached dual occupancy development.  The dwellings are now staggered with the western dwelling being projected forward.  The swimming pool from the western dwelling has been deleted. The level of terracing has significantly been reduced and the landscaping has been increased.

 

Key aspects of the changes were reductions in balcony and terraces areas with improved setbacks in various locations.  A particular change was the reduction of the large roof terrace and replacement with roof structures that are more consistent with surrounding dwelling character.  Setbacks have also been provided to the edge of the roof terrace so that it is setback from the edge of the building.

 

4.    SEPP 1 for Minimum Allotment size

 

A SEPP 1 Objection has been provided by the applicant to justify the variation to the development standard of the prescribed minimum allotment size for a Torrens title subdivision.  The prescribed allotment size under Clause 20B(1) of the Randwick Local Environmental Plan 1998 is 400m2 with a required frontage of 12 metres.  The proposed lots will be 382.7m2 and 391.1m2 for the east and west lots respectively.  The SEPP 1 Objection therefore seeks a variation of 17.3m² (4.3%) and 8.9m² (2.2%) respectively for the allotment areas.

 

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

 

Matter 1

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

 

The stated purpose of the minimum allotment size standard as outlined in the LEP is:

“To establish minimum requirements for the subdivision of land within residential zones in order to protect and improve local amenity”.

 

As application is for the creation of two separately titled dwellings on an existing single allotment, the design needs to directly address the stated and underlying purpose of this development standard.

 

The SEPP 1 Objection provided in the application states, in part, the following.

 

 

The SEPP 1 Objection notes the character of Edgecliff Avenue, the nature of development in the street and the consistency of reduced allotment sizes in the vicinity of the site.

 

The underlying objectives for the development standard seek to achieve several outcomes for development in the low density zone.  These importantly include:

 

-      the provision of low density housing with a character of single detached dwellings,

-      a building form that is consistent with the low density scale and the desired future character, and

-      the provision of an acceptable level of amenity.

 

The character of Edgecliff Avenue is generally defined as single detached dwellings.  This site sits as part of this character but also abuts the higher density character of the residential flat buildings on Malabar Road.  The site is also adjoined by the battleaxe handle associated with the dwelling to the rear.  This access handle provides a visual buffer by adding to the building to building separation with the flats to the west.  This buffer is consistent with a buffer that might be provided by a larger site.  This is because the handle adds to the effective area of the allotment by approximately 75m² (in terms of building separation and scale of the development). 

 

The proposal for two separate dwellings rather, than an attached dual occupancy, is more consistent with the predominantly detached dwelling streetscape and character along Edgecliff Avenue.  This development application has resulted in two detached dwellings, with reasonable building to building separation, presenting to Edgecliff Avenue.  The scheme results in a reduction in the amenity impacts on adjoining dwellings and provides the required levels of amenity for future occupants.

 

The lot sizes within the locality of the subject site are often below the standard of 400m² and in many instances below the allotment sizes proposed in this application.  The allotment areas reflect a character in the street in the immediate vicinity of the site that is not inconsistent with the character that would result from approving these two detached dwellings.  As an example, in Edgecliffe Avenue, properties at number 2, 4 and 6 are all less than 400m2 and allotments 17, 19, 22 and 24 have non compliant frontages and areas.  As a result, the proposed development for single detached dwellings on reasonable sized allotments meets the objectives for low density development that is consistent with the character of the area.

 

A further aspect assessment in this application is that there is an existing approval for a dual occupancy on the site which provides for two substantial, attached dwellings.  The scale and nature of the two attached dwellings is less likely to meet the character and amenity objectives than two single dwellings appropriately separated.  A more desirable outcome, in terms of character and amenity, is for two frontages of 12 metres with detached dwellings and building separation.  This means that the dwellings are consistent with the single detached character of other dwellings in the street, rather than one building spanning some 18 metres.

 

Whilst the total site area for subdivision is deficient by 26.2m², the objectives for building scale and character are met by the nature of the subdivision pattern. In particular, despite the minor variation in allotment size, the lots are able to provide two dwellings that better meet the objectives for amenity and character that underpin the development standard.

 

Matter 2

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

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

 

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

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

 

The variation to the minimum allotment size and frontage control is consistent with the aims of SEPP No.1 as it can be demonstrated that the scheme would not detract from the objects of the Act under Section 5 (a) (i) and (ii).  The resultant development would promote the orderly use and development of the subject land.

 

The development has provided the required levels of amenity in terms of private open space and landscaping despite the deficiency in site area.  The approval of the scheme would not undermine Council’s ability to properly manage the development of land, primarily as the site already has an approval for an attached dual occupancy with more potential amenity impacts for surrounding dwellings.

 

Matter 3

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

 

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

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

 

The proposed variation from the development standard does not raise any matters of significance for State or regional environmental planning.  The variation to the development standard will not undermine Council’s ability to provide for the economic and orderly use of land is maintained.  The development will not hinder the preservation and enhancement of the character of the area and there is no public benefit in maintaining the control in this particular instance.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

Strict compliance with the development standard is unreasonable and unnecessary as the proposal achieves the objectives of the development standard.

 

Second

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

 

Comments:

The underlying objective or purpose of the standard is relevant to the subject development because it intends to protect the character of the area, the amenity for future residents, the amenity of adjoining dwellings and the integrity of the streetscape, particularly in terms of built form.  Notwithstanding, the proposed development will not undermine the objective or purpose of the standard taking into account the existing attached dual occupancy approval.  This current proposal is more in keeping with the character and will have a lesser impact on the character or the area.

 

Third

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

 

Comments:

Compliance is not necessary in this application to achieve the underlying objective of the standard.

 

Fourth

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

 

Comments:

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

 

Fifth

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

 

Comments:

The existing Residential 2A zoning is considered to be appropriate for the locality. 

 

This application is consistent with the aims of the policy as the proposal will promote the orderly and economic use of the site despite not satisfying the development standards.  The proposed development will allow two new dwellings that satisfies a desirable design outcome and satisfies the objectives and performance requirements of the DCP – Dwelling Houses.

 

Compliance with a minimum site area of 400 m2 is considered unreasonable given that for this site the desired outcome of protecting and improving the local amenity can be achieved despite not achieving the prescribed numerical controls.  The proposal satisfies the purpose of the clause despite not satisfying the prescribed numerical controls for site area.

 

5.    Community Consultation

 

The proposal has been notified in accordance with the Local Environmental Plan 1998.

 

It was advertised on the site for a period of 14 days between 8 December and 22 December 2010.  Letters were also sent to 29 adjoining neighbours or nearby properties to notify them of the application.

 

As a result of the first notification period, a number of submissions were received. They have been detailed in section 6.1 of this report.

 

The amended drawings received on 15 April, were placed on exhibition for an extended period, between 21 April 2011- 13 May 2011. The submissions received from this period have also been listed below.

 

5.1      Objections

A total of nine objection letters were provided to Council as a result of the first notification period for the original plans.  The table below summarises the objections.

 

Address

Objections

Comment

1 and 2/227 Malabar Road

Loss of amenity- generally for the rear yard.

 

Shadow during winter in the primary open space.

 

Loss of privacy due to the height of the proposal.

 

Loss of solar access regarding sunlight, daylight and overshadowing.

 

Excessive bulk relative to the streetscape and surrounds – out of character with low density residential surrounds (apart from the adjoining rfb).

 

Excessive scale and height relative to streetscape and surrounding properties- due to being on the high point of the street.

 

Excessive site density given minimum lot size of 400m2.

Deceptive and inadequate impact of subdivision proposal.

The amenity impacts of the proposal and the height and scale have been significantly reduced as a result of the amendments to the proposal.

 

There is significant distance and vegetation between these properties and the subject site to the extent that the amenity impacts are likely to be minimal.  The properties are also separated by an access handle serving another adjoining property.

 

Other aspects of the submission which deal with compliance with the planning controls are dealt with in Section 7,8 and 9 of this report.

No. 1 and 5 Edgecliff Avenue

The SEPP1 fails to justify the non-compliances.

 

The application does not consider the visual impact of the proposed on the streetscape and rear yard of no. 1 Edgecliff Av.

 

Rear deck will have privacy and acoustic impacts .

 

The information provided is deficient.

The proposal exceeds the height controls.

 

The proposal incorporates subfloor areas which add to the height.

 

Bulk scale and FSR – is considered to have excessive impacts.

 

Visual Impact- incongruous visual impact on the streetscape.

 

Privacy- the location of the living areas has adverse visual and acoustic privacy impacts on the objectors.

 

Overshadowing- the shadow impact is hard to determine.

A number of changes were made to the proposal after this original submission was made.

 

The non compliance of the site areas has been reviewed in detail in this report.  An assessment of the SEPP 1 Objection is provided in detail. It finds the development outcome satisfactory (See Section 5 of this report).

 

The privacy impacts have been significantly reduced through the reduction in the terracing and increased landscaping.

 

The reduction in the actual height, and in the apparent height, will further reduce the impacts of the proposal on 1 Edgecliffe Avenue.

 

The shadow impacts will not be excessive and are considered acceptable. The amendments have significantly reduced the impacts of the proposal compared with the approved scheme.

 

Other issues dealing with compliance with the planning controls are dealt with in Section 7, 8 and 9 of this report.

5 Edgecliff Avenue (separate submission)

Sought clarification regarding the Torrens title subdivision.

Acoustic Impact.

 

Loss of privacy in the rear yard and in the bedrooms along his westerly boundary.

 

The excessive extent of the development.

 

The loss of sunlight particularly to the westerly side of his dwelling.

Is concerned about overlooking from 1st floor balcony.

 

Is concerned about the excavation of the site along the boundary for his house’s structural integrity.

The street height is excessive.

The land has not been subdivided.

 

A landscaped setback, coupled with reduced terracing along the eastern side of the east dwelling has partially addressed these concerns and improves the currently approved outcomes. A condition is suggested for the development consent which makes certain terraces areas non trafficable, further reducing any privacy impacts.

 

Overlooking has been reduced both compared with the approved development and the original plans in this application.  The resultant terraces are considered acceptable in this regard.

 

The scheme meets the solar access requirements of Council’s DCP in that the development does not overshadow the neighbouring property for more than three hours.  The objectors property is due east of the site and is unaffected by the proposal until after noon in winter.

 

Conditions will be imposed on any development consent regarding excavation and dilapidation reports.

 

Other issues dealing with compliance with the planning controls are dealt with in Section 7, 8 and 9 of this report.

2/225 Malabar Road

Loss of amenity.

Loss of privacy.

Loss of solar access.

Excessive bulk and height relative to streetscape.

Excessive site density.

Deceptive and inadequate impact of subdivision proposal.

There is a significant distance between the proposed dwelling and the objector’s residence.  There is also a change in height and significant vegetation such that the proposed dwelling will have but a minor impact, if at all, on the objector’s property.

 

Any impact has been further reduced by the amendments made to the proposal.

4/ 225 Malabar Road

Loss of amenity, sunlight.

The proposal would crowd the objector.

Loss of privacy.

The DA is misleading.

There is a significant distance between the proposed dwelling and the objector’s residence.  There is also a change in height and significant vegetation such that the proposed dwelling will have but a minor impact, if at all, on the objector’s property.

 

Any impact has been further reduced by the amendments made to the proposal.

1/225 Malabar Road

Loss of Privacy.

Loss of sunlight.

Loss of value.

Start a precedent for larger dwellings.

 

There is a significant distance between the proposed dwelling and the objector’s residence.  There is also a change in height and significant vegetation such that the proposed dwelling will have but a minor impact, if at all, on the objector’s property.

 

Any impact has been further reduced by the amendments made to the proposal.

7 Edgecliff Avenue

Excessive height.

 

The height has been reduced in the amended plans and the apparent height of the proposal has also been reduced.

5/ 217 Malabar Road, South Coogee

Fails to comply with the zone of the site.

 

Not consistent with the existing built form.

 

Excessive height.

 

Overshadowing.

 

Loss of Privacy.

 

Loss of Views.

 

Loss of visual and acoustic privacy.

 

Incorrect calculation of FSR.

 

Inappropriate Setbacks.

 

Incorrect driveway width indicated.

As this property is due west of the subject site, there will be few amenity impacts such as overshadowing.  The objector’s property is also separated from the site by an access handle, providing a significant building to building separation.

 

The objector also has significant views to the north and east from primary living areas, including the main balcony.  These views are unaffected by the proposal.

 

There will be some impact from the second bedroom window, which faces east.  The view loss is minor in the context of available views and would be affected to a similar extent by the existing approved development on the site.

 

A consideration of the principles in the Tenacity v Warringah Council view loss case suggests that the minor loss in view is reasonable.  The view is from a secondary living space, other significant primary views remain unaffected, and reasonable views from the bedroom window are still obtainable.  The views are also sideways across the subject site.

 

Other issues raised in the objection are dealt with during the assessment in Sections 7, 8 and 9 of this report.

223 Malabar Road

Inappropriate departures from the controls for the site.

Loss of views.

Excessive height.

The amendments to the proposal have resulted in a more compliant and an improved development outcome.

 

Other issues raised in the objection, particularly those relating to compliance with Council controls, are dealt with during the assessment in Sections 7, 8 and 9 of this report.

Objections received as a result of the second exhibition period for the amended drawings

 

Address

Objections

Comment

1 Edgecliffe Avenue, South Coogee

SEPP1 variation to the minimum lot sizes is considered not well founded and fails to adequately demonstrate that the standard is unreasonable and unnecessary in this case.

 

The bulk and scale of the building is excessive.

 

The height of the proposal to the rear of the site is excessive.

 

The visual impact of the proposal is excessive.

 

The loss of visual and acoustic privacy is detrimental.

 

The loss of acoustic and visual privacy to the rear courtyards in not acceptable.

 

The potential overshadowing impact is of concern. 

The SEPP1 variation has been assessed in detail in this report and is considered acceptable (see Section 5).  The bulk and scale has been significantly reduced compared with the original scheme (and the scheme already approved by Council for an attached dual occupancy on the site).

 

The amended plans also provide a “roofed” area which faces the southern boundary (and the objector’s property).  This roofed area results in the building having a two storey appearance, with roof structure, when viewed from the neighbouring property.

 

The roof area also restricts the ability to view the neighbouring property from the subject site.  The extent of balconies on the southern side of the buildings have also been reduced.  They are consistent with balconies that would be expected for a development of this nature and exceed the rear setback provisions (min 6.8m up to 8.7m at first floor level).  Screen planting and the orientation of the buildings mean that overlooking has been reduced.

 

The acoustic impact of the proposal has also been dealt with through screening, with the primary orientation of the dwelling being to the north not the south.

 

The overshadowing has been reduced from what was previously approved and is considered acceptable (see also Section 9 of this report).

 

Other issues raised in the objection, particularly those relating to compliance with Council controls, are dealt with during the assessment in Sections 7, 8 and 9 of this report.

5/217 Malabar Road

Fails to comply with the height controls for the subject site. The height will result in an undesirable impact.

 

The proposal fails to satisfy the objectives of the zone.

 

The proposal will result in a higher density than what currently exists.

 

The proposal will have solar, acoustic privacy and view impacts.

There are inconsistencies and inaccuracies with the description of the surrounding areas.

 

The amendments to the height of the proposed dwellings are seen as inadequate. The proposal will result in a detrimental view impact.

 

The FSR is incorrectly calculated.

The front setback results in an increased impact on the adjoining development.

 

The western set back of the western wall is not sufficient.

 

The driveway widths are considered excessive.

The garages are not located behind the building line.

 

The proposal will significantly impact on the views of the ocean.

As this property is due west of the subject site, there will be few amenity impacts such as overshadowing.  The objector’s property is also separated from the site by an access handle, providing a significant building to building separation.

 

The objector also has significant views to the north and east from primary living areas, including the main balcony.  These views are unaffected by the proposal.

 

There will be some impact from the second bedroom window, which faces east.  The view loss is minor in the context of available views and would be affected to a similar extent by the existing approved development on the site.

 

A consideration of the principles in the Tenacity v Warringah Council view loss case suggests that the minor loss in view is reasonable.  The view is from a secondary living space, other significant primary views remain unaffected, and reasonable views from the bedroom window are still obtainable.  The views are also sideways across the subject site.

 

Other issues raised in the objection are dealt with during the assessment in Sections 7, 8 and 9 of this report.

2/217 Malabar Road.

The building is too large.

 

There will be view loss from the balcony

 

Overshadowing of rear yard.

The issues of height and scale are dealt with in Section 7, 8 and 9 of this report.

 

There will be minimal, if any, view loss.  The reduction in height of the road reserve embankment may improve views to this unit.

 

There will be minimal, if any, overshadowing of the rear yard.

5 Edgecliffe Avenue

The rooftop height and terrace are considered unacceptable.

The proposed roof top terrace has been significantly reduced in the amendments to the proposal.  The height of the eastern dwelling has been reduced. The impact of the roof terrace is acceptable.

 

Two conditions have been included as part of this report to further protect the amenity of the resident at this address. The conditions restrict the trafficable areas addressing the east of the subject site.

 

5.2 Support

A total of seven (7) letters of support were also received by Council from the following addresses.

 

-      6 Edgecliffe Avenue,  South Coogee

-      8 Edgecliffe Avenue, South Coogee

-      10 Edgecliffe Avenue, South Coogee

-      12 Edgecliffe Avenue, South Coogee

-      4 Liguria Street, South Coogee

-      6-8 Liguria Street, South Coogee

-      10 Liguria Street, South Coogee

 

6.    Technical Officers Comments

 

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

 

Landscape Comments

There are two Phoenix canariensis (Canary Island Date Palms) of approximately 2 metres in height on Council’s nature strip. These were likely planted by the property owner, not Council, and are deemed inappropriate given their sharp, poisonous spines as well as their susceptibility to the water borne fungal disease, Fusarium sp. As such, these two palms should be removed during the course of site works, with replacement street trees in accordance with Council’s Street Tree Masterplan to be provided in their place.

 

In the front yard, along the northern boundary, there are three Archontophoenix cunninghamiana (Bangalow Palms) of approximately 3-4 metres in height. Although covered by Council’s Tree Preservation Order, they are insignificant specimens, and as such, Council would not object to their removal subject to landscape treatment being provided along this frontage as part of this proposal.

 

In the rear yard of the adjoining property to the south, 1 Edgecliff Avenue, close to the common boundary, there is one Washingtonia robusta (Washington Palm) of approximately 5 metres in height. The proposed works is sited a reasonable distance from this palm, and as such, it will remain unaffected by this application.

 

Service Authority Comments

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

 

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

 

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

 

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

 

Planners Comment: The engineer has advised that if the costs of work are below $2million, bundling of cabling will not be required as it has already been done. As there is some uncertainty about the development costs, a condition has been imposed that requires, if the development costs exceed $2million, undergrounding of the cables will be required.  A Quantity Surveyor report has been required as a condition of approval for cost estimates on the finally approved development.

 

Drainage Comments

Onsite detention of stormwater is not required for this application due to the Sites location in relation to the associated catchment area.

 

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

 

7.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

The Site is zoned 2A residential 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.

 


Comment:

The application is for the construction of two individually titled residential dwellings for the site.  The character of the locality is predominantly detached residential dwellings.  The proposal addresses this character and the application is considered satisfactory in this regard.

 

Consideration must be given to the objectives of the zone in relation to the proposal.  As described in objective 1(b) the desirable attributes would be considered to include visual and acoustic privacy, solar access, significant view corridors and visual amenity.  The replacement of a single storey dwelling with two, three storey dwellings will result in some impact on the surrounding area but it is recognised that this large site has unutilised development potential.  The proposal has incorporated various mechanisms in an attempt to mitigate the possible impact of the proposal, these include screen planting within the setbacks and at points of potential overlooking and a reduction in the number of terraces and the orientation of the terraces.  These measures ensure that visual and acoustic privacy is not significantly reduced.

 

The current proposal should also be considered against what is approved on the Site.  When this is done, it is evident that impacts of the current proposal are less than the approved scheme.  The subject development application has attempted to better address objectors’ concerns and has incorporated many elements that make the proposal for two individual dwellings more acceptable within the zoning and the desirable attributes of the area.

 

The proposal will provided two new dwellings that are in keeping with the existing housing stock, not directly affecting the affordability of housing.

 

It is considered that objectives 1(d) and (f) do not apply as the proposal is not for any alternative use for the community, or any alternate home use.

 

Clause 20B Minimum allotment sizes

(1)  The minimum allotment size for allotments resulting from the subdivision of land, other than for the purpose of public utility undertakings or roads, within Zone No 2A is 400 square metres and each allotment must have a frontage of at least 12 metres.

(2)  The minimum allotment size for allotments resulting from the subdivision of land, other than for the purpose of public utility undertakings or roads, within Zone No 2B or 2C is 325 square metres and each allotment must have a frontage of at least 9 metres. This requirement does not apply to development for the purposes of multi-unit housing.

(3)  The minimum allotment size for the erection of a dwelling house within Zone No 2A is 400 square metres and the allotment must have a frontage of at least 12 metres.

(4)  The minimum allotment size for an attached dual occupancy within Zone No 2A is 450 square metres and the allotment must have a frontage of at least 15 metres.

(5)  This clause 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.

 

Purpose: To establish minimum requirements for the subdivision of land within residential zones in order to protect and improve local amenity.

 

Comment:

The subdivision plan provided with the application shows that the proposed easterly lot has an area of 382.7 m2 and a frontage of 12.252m and that the proposed westerly lot has an area of 391.1m2 and a frontage of 12.17m.  The proposal does not comply with the development standard for minimum lot sizes.  A justification of this variation is required in accordance with the State Environmental Planning Policy 1 and has been provided by the applicant for assessment.

 

Consideration of the SEPP 1 Objection suggests that a variation to the development standard can be supported in this instance.  Despite the minor variation to the standards, the underlying objectives are met.

Clause 21 Subdivision—consent requirements

(1)    Land to which this plan applies may be subdivided, but only with consent.

(2)    However, consent is not required for a subdivision within Zone No 8, or a subdivision for the purpose only of any one or more of the following:

(a)    widening a public road,

(b)    a minor realignment of boundaries that does not create:

(i)     additional lots or the opportunity for additional dwellings, or

(ii)    lots that are smaller than the minimum size provided for by or under this plan in relation to the land concerned,

(c)    a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,

(d)    rectifying an encroachment on a lot,

(e)    creating a public reserve,

(f)    excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets.

 

Comment:

The proposal is for the subdivision of the existing single lot into two lots.  This subdivision will result in separately titled dwelling lots; hence the subdivision requires consent under this clause.

Clause 29 Foreshore scenic protection area

(1)  The foreshore scenic protection area is shown on the map.

(2)  The consent authority may only grant consent to a building within the foreshore scenic protection area after it has considered the probable aesthetic appearance of the proposed building in relation to the foreshore.

 

Purpose: To protect and improve the visual qualities of visually prominent areas along the coast.

 

The site is located within the Foreshore scenic protection area as shown on the map.

 

Comment:

To accompany this section the applicant provided a series of photographs from the surrounding areas that demonstrate the design elements referred to.  The probable aesthetic appearance of the proposal is in relation to what the visual impact of the proposal will be in view corridors to the water and view corridors from the water.  The location of the proposed dwellings, at the peak of the hill being one of the first houses in Edgecliffe Avenue, places it in a very visible location.  Edgecliffe Avenue provides a view corridor to the Pacific Ocean.  The visual prominence of the dwellings will be unavoidable in the current form, although through the use of light finishes and natural materials the impact can be minimised.  The dwellings will not directly affect the foreshore views and will merely contribute to the overall view of South Coogee. The proposal is considered acceptable under this clause.

 

Clause 40  Earthworks

When determining an application for consent to carry out earthworks the consent authority must consider:

(a)    the likely disruption of, or detrimental effect on, existing drainage patterns and soil stability in the locality, and

(b)    the effect of the proposed works on the likely future use or redevelopment of the land.

 

Purpose: To ensure consideration is given to drainage and soil stability issues when determining a development application for earthworks.

 

Comment:

The proposal includes a significant amount of earthworks and excavation as part of the works associated with the application.  Council’s Drainage Engineers have reviewed the application and have provided comment as detailed in Section 6.  As a result the drainage diagram will not be approved as part of this assessment but revision is required.  The amended plans have resulted in a significant reduction in the area being excavated.

 

8.    Policy Controls

 

8.1 Development Control Plans

 

a.    Development Control Plan – Dwelling Houses and Attached Dual occupancies (as amended 20 December 2002) (DCP).

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

 

Clause

Preferred Solution

Assessment

3.1

Solar Access and Energy Efficiency

S1

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX certificate provided with the application.

 

Complies

S2

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

Both dwellings will receive adequate sunlight to their open space areas throughout the day.

 

Complies

S2,8

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

Both living areas will receive adequate sunlight.

 

Complies

S9

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

No impact to solar collectors.

 

Complies

S9

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

The shadow of the currently approved dwelling on the site has not changed substantially from what has been approved. Sunlight will be reduced compared with existing low scale dwelling given that the existing dwelling is primarily single storey.  There are slight improvements to the overshadowing compared with the approved development.  The shadows only just reach the dwelling at noon and will therefore be limited to a few weeks in mid winter.

 

Non compliant, see below.

S9

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

The dwelling to the rear of the subject site is affected by overshadowing but will maintain at least 3 hours of solar access.

 

Complies

4.1

Landscaping

 

S1

40 % of site provided as landscaped area

51.05% for the east dwelling.

58.2% for the west dwelling.

 

Complies

S1

25m² of private open space provided.

Both dwellings have adequate areas of open space.

 

Complies

S1

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

The rear yard for both dwellings satisfy this requirement.

 

Complies

S1

Open space behind the building line.

Both dwellings have open space in the rear yard, located behind the building line.

 

Complies

S6

20% of the site area is permeable.

East dwelling has 32.9% of the site for permeable landscaping.

 

West dwelling has 37.7% of the site for permeable landscaping.

Complies

4.2

Floor area

 

S1

For sites 300- 450m2 the FSR is 0.6:1 

East dwelling 0.88:1

West dwelling 0.85:1

Non Compliant, see below.

4.3

Height, Form and Materials

S1

External wall height maximum 7m

East dwelling has a maximum wall height of 11.1m to top of roofed stair well and 8.5m wall height below the roof cladding considered.

 

West dwelling has a maximum wall height of 9.4m, where the garage and the two habitable levels are measured and 10.3m to the roof from ground level at the stair well and 8.6m when the roof cladding at that point is not included.

Non compliant, see below.

S1

External wall height to the rear maximum 3.5m.

N/A

S3

Cut or fill maximum 1m.

> 1m

Non compliant, see below.

S3

No excavation within 900 mm of a side .boundary.

>900 mm

Complies

S3

No excavation within 3m of a rear boundary.

No excavation is within 3m of the rear boundary for either dwelling.

Complies

S4

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

<12m

Complies

4.4

Building setback

 

S1

Front setback average of adjoining dwellings or 6m

Whilst the garage structures are forward of the building line, the dwellings meet the DCP requirements.

 

The East Dwelling has a setback of 1m from the garage to the boundary and 7.8m from the boundary to the facade of the dwelling.

 

The west dwelling has a front setback of 1.4m to the front of the garage and a setback of 7m from the boundary to the facade of the dwelling.

 

Non compliant, see below.

S2

Rear boundary setback at least 4.5m

Rear setback is 6.5m for the eastern dwelling and 8.7m for the western dwelling.

 

Complies

S3

Side setbacks be 900mm at ground level.

>1m

Complies

S3

Side setbacks be 1.5m at second floor level.

The distances range from 1- 3 m. Despite this the minimum distance between the dwelling walls is over 3m. Importantly, the floors containing living areas are setback more than 3 metres from the eastern neighbour with bedrooms being between 1.05 and 1.5m.

 

Partially Compliant

 

S3

Side setbacks are 3.0m at third floor level.

The dwellings do not comply. The provision of the slightly out of ground basement car park result in a requirement for the upper levels to be further setback to achieve technical compliance with the DCP. 

 

The deletion of the garage, or setting it back so that there were only two levels above, would reduce the required technical setback so that the building achieved compliance without changing the location of the building. The above ground sections of the dwelling are setback sufficient to achieve the setback objectives.

 

Non compliant, see below.

4.5

Visual and Acoustic Privacy

S1

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

The windows are sufficiently obscured. A condition has been included to minimise any overlooking from the proposed roof terrace and side terrace.

 

Complies

S1

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

Screen planting is provided along both the eastern and southern boundaries to obscure any direct lines of sight.

Complies

S1

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

Not required.

4.6

Safety and security

S1,2,3

Front doors of dwellings are visible from the street.

Both are clearly visible.

Complies

S1,3

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

The living room in both dwellings overlook the street.

Complies

S2

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

Standard conditions have been included.

4.7

Garages and Driveways

 

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

Two spaces are provided per dwelling.

Complies

S1

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

Dimensions are 11x 7m approximately.

Complies

 

Driveway minimum width of 3m and side setback 1m

The proposed driveway widths are 5.5m for both.

Complies

S1

Driveway maximum width of 3m at the boundary.

5.5m at the boundary.

Non compliant, see below.

S1

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

Checked by Council’s Engineer.

Complies

S2

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

The garage is located in front of the building line.

Non compliant, see below.

 

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

Approximately 60% is occupied.

Non compliant, see below.

4.8

Fences

S1

Sandstone fences and walls are retained/recycled.

A condition has been included to ensure that the sandstone that is currently on the site is recycled in the proposed development wherever possible.

Complies

 

4.9

Foreshore Development

 

No encroachments on Foreshore Building Line.

The building will not encroach and will not be visible from the water.

Complies

 

Stepped buildings on sloping sites are articulated.

Both dwellings are stepped and articulated.

Complies

 

Form, colour, materials and finishes are sympathetic.

The finished proposed are acceptable.

Complies

 

Buildings incorporate setbacks to allow sharing of views.

The two dwellings are staggered to allow for view sharing.

Complies

 

The floor space ratio

The provision for Floor Space Ratio is contained within the Dwelling Houses and Attached Dual Occupancy Development Control Plan (the DCP).  Section 4.2 contains the preferred solution; a site area of 300-450 m2 has a FSR of 0.6:1. The proposal is for the East dwelling to have an FSR of 0.88:1 and for the West dwelling to have an FSR of 0.85:1.  These floor space ratios are a reduction compared with the previously approved dual occupancy development that can be constructed on the site.

 

The objective of this section is “to ensure development are not excessive in bulk or scale but are compatible with the existing character of the locality”.  The proposed dwellings represent a garage level and then two habitable storeys.  The proposal is generally consistent with setback controls and incorporates a significant level of landscaping within the setback. 

 

The garage level accounts for 78.8 m2 of the floor space (excluding a 40m² allowance) for the east dwelling and 74.3 m2 (excluding a 40m² allowance) for the west dwelling, resulting in a considerable amount of the floor space being below ground level and not readily visible.  The landscaping has been increased, the extent of terracing reduced and the overall heights reduced.

 

The apparent bulk and scale, resulting from the FSR has further been reduced through the staggering of the dwellings and the continuation of the pitched roof across the rear of the dwellings.  The proposal achieves the objectives of the control and is therefore acceptable. 

 

Height form and Material

Under Section 4.3 of the Dwelling Houses and Attached Dual Occupancy Development Control Plan there are two areas of non compliance with the stated preferred solutions.

 

The proposal represents a variation to this preferred solution for maximum wall height, being 7m, both of the proposed dwellings.  The proposal also provide less than the preferred excavation solution.  The objectives of this clause relate to a compatibility of the height with both the existing character and the topography of the site. The objectives also relate to ensuring a minimal impact on adjoining dwellings.

 

The main area of concern in relation to the height of the proposal is the Western elevation of the Western dwelling as it is the most apparent from the street.  The extent of variation depends, due to the slope of both sites towards the street and design of the dwelling.  The height ranges from a compliant height of 6m at the front of the dwellings to a height of 11.5m at the highest point.

 

Although 11.5 m represents a significant numerical deviation from the preferred solution the design of the proposal includes 2.7m of vertical metal cladding. Whilst this is a vertical roofing solution, akin to a mansard style roof, it is nevertheless considered a wall.  If the roofing is excluded from the wall height, the wall is reduced to 8.4m from the natural ground level.  This represents a significantly reduced height and as such a more compliant and compatible design. 

 

This proposal is compatible with height and scale of adjoining buildings in that it provides a transitional development between the residential flat building located adjacent to the west of the site and the two and three storey dwellings on Edgecliffe Avenue. The design steps down the site to accommodate the topography of the area.

 

Amendments to the proposal have resulted in a much more acceptable design that is more in keeping with the objectives of this section of the DCP.  Further the visual and solar impact of the proposal have been addressed in this proposal and significant attempts have been made to maintain views, reduce overlooking and ensure that solar access is not significantly impacted upon.  As such the height is acceptable.

 

The proposal also provides less than the preferred excavation solution, of 1m.  This variation is considered acceptable as the proposal has been amended to significantly reduce the level of excavation and as a section of the nature strip is considered unstable and thus excavation of this area is encouraged to allow for a more stable and accessible frontage to Edgecliffe Avenue that is in keeping with the context of the street. 

 

The proposal is acceptable in relation to the objectives of section 4.3 of the DCP.

 

Setbacks

The setbacks are identified in the preferred solutions of section 4.4 of the DCP.  The objectives of this section are as follows,

-      To integrate new development with the established setbacks of the street and maintain the environmental amenity of the streetscape

-      To ensure dwellings have adequate access to natural light, daylight and fresh air.

-      To maintain and enhance established trees and vegetation.

 

The main areas setback non-compliance are in relation to the front setbacks for both dwellings and the setback between the two proposed dwellings.  The setbacks to 5 Edgecliff Avenue were the subject of a submission from the neighbour.

 

The established front setback is difficult to determine given that the subject site adjoins a residential flat building to the west and an established dwelling to the east.  The street in general seems to range in setback, with the newer dwellings being located closer to the street and older dwellings being setback further. 

 

The garages of both proposed dwellings are located in front of the building line, however there has been the incorporation of landscaping in the frontage and also at the terrace/ pool level for both dwellings.  This provision of landscaping enhances the vegetation of the streetscape and attempts to maintain the environmental amenity of the streetscape. The front setback is acceptable.

 

The setback between the two proposed dwellings is less than the preferred solution at the first floor. Despite this, the setback between the dwellings is a total of 3.25m at the closest point and allows for adequate natural light and fresh air, thus the design is considered consistent with the objective of the proposal and hence acceptable.  Absent the largely below ground basement, a setback requirement of only 1.5m would apply to this section of the dwelling and technical compliance would be achieved.  Areas within this setback have also been landscaped.

 

The setback to the garage from the adjoining property boundary of 5 Edgecliff Avenue is 1.1m.  Much of this area is below ground and the setback only relates to the front portion towards the street.  This level complies with the 0.9m setback requirement.

 

The ground floor has a minimum setback of 1.1m increasing to 1.5m.  The first floor results in part of the dwelling being three levels above ground.  In this location, the setback is increased to 3.93m, well above Council’s requirement.  The middle section, which is approximately two and half levels above ground, has a setback of 2.345m.  The DCP requires 1.5 metres for two levels and 3 metres for three levels.  The side setback at the rear portion of the building increases again to 5.330m.  The setbacks provide a balanced, well articulated facade that has reduced impacts to the neighbours.

 

The side setback is landscaped for the length of the dwelling with the front section containing 1.5m high plantings and the remainder of the setback being landscaped with 3m high plantings.  The proposal will not result in additional overshadowing to the primary habitable rooms or the primary open space compared with the current approval.  In contrast, the setbacks are an improvement compared with the current approval and achieve better privacy and overshadowing outcomes for the neighbouring property.

 

Garaged, Carports and Driveway

The proposed width of the driveways and garages are not consistent with the preferred solution stated in section 4.7.  The objectives of this section include the following;

 

-      To ensure on-site car parking and driveways are not visually obtrusive and do not detract from the appearance of dwellings of the local streetscape.

-      To provide convenient and safe car parking and access.

 

The proposed driveways and garages for both dwellings will occupy 5.5m of the frontage, which represents 45.2% of the western dwelling’s frontage and 44.9% of the eastern dwelling’s frontage.  Despite this non compliance with the preferred solutions, the design has incorporated landscaping either side of the driveway and above the garage to reduce the visual impact of the garage and driveway and enhance the amenity of the streetscape.  The proposal represents a convenient and safe car parking and access solution to the site. As such the proposal is acceptable.

 

b.      Development Control Plan – Parking

The proposal complies with the parking requirements for the site.  Both proposed dwellings have three bedrooms. The requirement is for 2 spaces for a dwelling with three or more bedrooms. The proposal includes a double garage for each dwelling.  The proposal complies with the requirement of this development control plan.

 

8.2 Council Policies

 

Section 94A Development Contributions

The Section 94A Development Contributions Plan, effective from 2 July 2007, is applicable to the proposed development. In accordance with the plan and based on the original cost of work, the following monetary levy would be payable:

 

Category

Cost

Levy

S94A Levy

Development cost more than $200000

$2,644,793 (as amended)

1%

$26,447.93

 

The original application had a cost estimate of $2.6 million.  As part of the amended plan package, the applicant provided an amended Quantity Surveyors estimate reducing the cost to below $2million.

 

As there are also minor changes required to the proposal should development consent be granted, a condition has been imposed requiring a further Cost Estimate Report by a Quantity Surveyor, prior to the issuing of a construction certificate.

 

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

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

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

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

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 the proposal is for two dwelling houses.

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

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

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

Should the application be approved, appropriate standard conditions are recommended to address the relevant clauses of the Environmental Planning and Assessment Regulation 2000.

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 within the body of this report.  They were found to be satisfactory.

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

The site is located within an established residential neighbourhood and the development is a suitable outcome for the site.

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

Submissions were lodged from the public as a result of Council’s notification process and are detailed in section 6.1 of this report.

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

The development will result in better planning outcomes without undermining the current planning regime.  The development is not inconsistent with the public interest.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Conclusion

 

The proposal is recommended for approval.  The proposal is in keeping with the desired character of the area and represents a significant improvement over the approved dual occupancy development allowable on the site.

 

The comments of the technical officers have been taken into careful consideration and the conditions have been provided.  As a result the proposal is recommended for conditional approval as follows.

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standard in respect to non-compliance with Clauses 20B of Randwick Local Environmental Plan 1998, relating to Minimum Allotment Sizes, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 1046/2010 for the demolition of the existing house and garage and the subdivision of the land in two lots and the erection of two detached dwellings at No. 3 Edgecliffe Avenue, South Coogee, subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

A1 01a- Site Analysis

Avril Jackson

25/11/10

26/11/10

A1 02b- Lowe Ground Floor Plan

Avril Jackson

15/04/11

15/04/11

A1 03b- Ground Floor Plan

Avril Jackson

15/04/11

15/04/11

A1 04b – First Floor Plan

Avril Jackson

15/04/11

15/04/11

A1 05b – Roof Plan

Avril Jackson

15/04/11

15/04/11

A1 06b – Site Plan

Avril Jackson

15/04/11

15/04/11

A1 07b – North and South Elevations, Sections A-A and B-B

Avril Jackson

15/04/11

15/04/11

A1 08b – East/ West Elevations

Avril Jackson

15/04/11

15/04/11

A1 09a – Subdivision Plan

Avril Jackson

25/11/10

26/11/10

A1 10a – Shadow Diagram

Avril Jackson

25/11/10

26/11/10

 

BASIX Certificate

No.

Dated

Received

85880478

 

26/11/10

26/11/10

 

Amendments of Plans and Documentation

2.       The roof terrace area for both dwellings must be reduced in size such that the trafficable area and the balustrade stand no closer than 1.5 metres from the roof edge.

 

3.       Window W108 to the dining room of the proposed of eastern dwelling must be provided with either a balustrade or fixed pane of glass to ensure that the non-trafficable area directly adjoining the window, which is labelled as “roof” on drawing A1 04b, is not accessible.

 

4.       External Colours, Materials & Finishes

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

 

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

 

b)   The sandstone that is currently contained within the existing building on the subject site shall be recycled wherever possible in the proposed development; in particular it should be included in the front facade of the dwellings.

 

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

 

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

 

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

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

Consent Requirements

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

 

Section 94A Development Contributions

7.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, a Quantity Surveyor’s Report that calculates the estimated cost of the approved development must be submitted to Council for approval prior to the issuing of a construction certificate. A monetary levy of 1% based on the cost of works in the approved Quality Surveyor’s Report, 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.

 

8.       Prior to release of the Plan of Subdivision the applicant shall provide Council with a subdivider/developer certificate for the proposed lots.  The certificate is obtained from Sydney Water.

 

9.       A formal subdivision certificate application must be submitted to Council for approval of the subdivision of subject site and the two proposed lots must be registered with the Land and Property Management Authority, prior to the issuing of a construction certificate for the works relating to the construction of the new dwellings.

 

Compliance with the Building Code of Australia

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

 

Structural Adequacy

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

 

Long Service Levy Payments

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

 

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

 

BASIX Requirements

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.

 

Smoke Alarms

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

 

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

 

15.     The chimney flue is to extend no less than 600mm above the ridgeline to comply with the relevant AS/NZS 2918.2001, Domestic Solid Fuel Burning.

 

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

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

 

a)   $5000.00   -      Damage / Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

20.     A Section 73 Compliance Certificate under the Sydney water Act 1994 must be obtained from Sydney Water Corporation.

 

Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the website www.sydneywater.com.au then refer to “Water Servicing Coordinator” under Developing Your Land” or telephone 13 20 92 for assistance.

 

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

 

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

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

 

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

21.     Generally all site stormwater shall be piped to a sediment/silt arrester pit that drains to an infiltration area with a minimum 5 m2 base area. An overflow pipe shall be provided from the silt arrestor pit that drains to Council's kerb and gutter.

 

The location and details of the proposed internal stormwater pipelines, silt arrestor pit and the infiltration area shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the plans shall be forwarded to Council, prior to a construction certificate being issued, if Council is not the certifying authority.

 

Notes:

 

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

 

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

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

ii.       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.

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

iv.      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 infiltration/rubble pit shall:

  

i.   have a minimum 300 mm of soil cover (600 mm where the pit is located under a garden/landscaping area).

 

ii.   be located a minimum of 3.0 metres from the dwelling or other structure (closer if a structural engineer certifies that the infiltration area will not adversely affect the structure) and 2.1 metres from the adjacent side or rear boundaries.

 

iii.  be constructed with a minimum 200 mm thick layer of 20 mm basalt/blue metal (or similar) that is wrapped in a suitable geotextile material covering with a high filtration rating (Geofabrics Bidim "A" range of filtration fabrics or equivalent). A suitable means of dispersing the stormwater over the area of infiltration is to be constructed.

 

Note:  other equivalent methods of infiltration may be adopted.

 

iv.  have a minimum base area of  5.0 square metres (m2).

 

The outlet from the silt arrestor pit to the infiltration area shall be located at least 50 mm below the outlet from the silt arrestor pit to the kerb and gutter.

 

c.     The requirement for an infiltration/rubble pit will not be enforced should the underground soil conditions preclude the construction of the infiltration pit (eg rock is located within 300 mm of the base of the infiltration area). If the infiltration/rubble pit is not constructed then all site stormwater shall be discharged to the kerb and gutter via a sediment/silt arrestor pit (as detailed in note a. above).

 

All works shall be to the satisfaction of the certifying authority.

 

d.     The overflow pipe/s from any rainwater tank/s shall be directed into the infiltration area.

 

22.     The infiltration areas/Absorption Trenches must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

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

 

Notes:

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

 

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

 

24.      Any seepage water must be drained directly into an absorption pit within the site. Seepage water must not be drained from the site.

 

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

25.       Landscaping shall be provided to the site to enhance its amenity and reduce the impact of the development upon neighbouring properties. A landscape plan shall be submitted to and approved by the Director of Planning & Community Development, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979, prior to a construction certificate being issued.

 

26.     Landscaped areas must contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

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

 

28.     The naturestrip upon Council's footway shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

29.     The naturestrip upon Council's footway shall be maintained by the applicant in accordance with Council guidelines. Such maintenance shall include, but not be limited to, watering, mowing, fertilising, and the removal of weeds.

 

30.     In order to visually 'soften' the expanses of hard pavement, brick unit pavers, stencilled concrete or similar shall be used throughout the driveway areas on the site. Such details shall be shown on the detailed engineering documentation and shall include all structural design details including pavement/subgrade thickness.

 

Street Trees

31.     The applicant must remove and dispose of (at their own cost) the two small Phoenix canariensis (Canary Island Date Palms) on Council’s Edgecliffe Avenue nature strip, during excavations associated with the proposed vehicle crossings as shown, and must satisfy themselves as to the location of all site services, prior to the commencement of any works on public property.

 

32.     The applicant shall also submit a total payment of $214.50 (including GST) to Council, being the cost for Council to supply and install 2 x 25 litre street trees, Banksia integrifolia (Coastal Banksia’s) being one each in line with both the eastern and western site boundaries.

 

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 shall contact Council’s Landscape Development Officer on 9399-0613, giving at least four working weeks notice to arrange for the replacement street trees upon completion of all site works.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

33.     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.

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

34.     The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level at the property boundary for driveways, access ramps and pathways or the like, must be as follows:

 

Western Dwelling Levels:

Western Pedestrian Entrance - RL 47.95

Eastern Pedestrian Entrance – RL 47.15

 

Driveway Entrance – Western Edge – RL 47.70

Eastern Edge – RL 47.35

 

Eastern Dwelling Levels:

Western Pedestrian Entrance – RL 47.10

Eastern Pedestrian Entrance – RL 46.35

 

Driveway Entrance – Western Edge – RL 46.90

Eastern Edge – RL 46.60

Note: Garage slab level at proposed roller door location is to be lowered to RL 46.80

 

Refer to Dwg No 02 Rev- a, dated 25.11.2010 by Avril Jackson for B.M on kerb (RL 45.75)

 

35.     The design alignment levels 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.

 

36.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $1075.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid to Council prior to a construction certificate being issued for the development.

 

37.     The top of footings of any structures constructed on the boundary alignment must be at least 150mm below the alignment level as specified above. 

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

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

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

§  excavations for new dwellings, additions to dwellings, swimming pools or the like which are within rock and may result in vibration and or potential damage to any dwelling, associated garage or other substantial structure located upon an adjoining premises, as otherwise may be required by the Principal Certifying Authority.

 

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

 

Construction Site Management Plan

40.     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.

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Temporary Site Fencing

42.     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.

 

Sydney Water

43.     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.

 

Demolition Work Plan

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

 

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

 

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

§  Details of hazardous materials (including asbestos)

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

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

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

§  Methods and location of disposal of any hazardous materials

§  Other relevant details, measures and requirements to be implemented

§  Date the demolition works will commence

§  Recycling, reuse and waste disposal of remediation materials

 

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

 

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

 

Notes:

 

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Demolition Work Requirements

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

§  Occupational Health & Safety Act 2000 & Regulations

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

§  WorkCover NSW Guidelines and Codes of Practice

§  Australian Standard 2601 (2001) – Demolition of Structures

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

§  Relevant DECCW/EPA Guidelines

§  Randwick City Council Asbestos Policy

 

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

Removal of Asbestos Materials

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

§  Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

§  Randwick City Council’s Asbestos Policy

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

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

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

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

 

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

 

Site Signage

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

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

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

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

 

Sediment & Erosion Control

48.     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

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

 

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

 

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

 

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

 

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

 

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

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

 

Excavations, Back-filling & Retaining Walls

50.     All excavations and backfilling associated with the proposed works must be executed safely in accordance with appropriate professional standards and excavations must be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

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

 

Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

Support of Adjoining Land

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

 

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

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

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

 

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

 

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

 

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

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

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

 

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

 

Restriction on Working Hours

53.     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 holiday

 - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

 Monday to Friday - 8.00am to 5.00pm

 Saturday - No work permitted

Sunday & public holidays - No work permitted

 

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

 

Inspections During Construction

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

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

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

 

Occupation Certificate Requirements

55.     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.

 

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

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

 

a)   Construct new concrete vehicular crossings and laybacks at kerb opposite the new vehicular entrances to the sites.

 

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

 

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

 

57.     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.

 

58.     The applicant shall meet all costs associated with removing the Council nature strip and timber retaining wall along the site frontage and construction of a new block retaining wall opposite the eastern side boundary to, Council’s satisfaction, with any necessary guardrails, to a qualified structural engineers details. This shall include the cost to relocate any public utility services.

 

Note:  Plans submitted for the construction certificate are to show the location of the block retaining wall as mentioned above as well as its structural details.

 

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

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

 

Road/Asset Opening Permit

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

 

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

 

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

 

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

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

 

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

62.     The conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to the finalisation of the subdivision.

 

Tree Management

63.     The applicant shall submit a total payment of $379.50 to Council,

 

a.       Being the cost for Council to supply and install 2 x 45 litre street trees (Banksia integrifolia, Coastal Banksia’s) on the eastern side of the proposed driveway at the completion of all works ($345.00 + GST)

 

The contribution shall be paid at the Cashier on the Ground Floor of the Administrative Centre prior to an occupation certificate being issued for the development.

 

64.     The following trees shall be removed as part of the proposal, subject to the planting of 2 x 45 litre broad canopied replacement trees (not palms) within the site, comprising one within each proposed dwelling. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a.   Two Phoenix canariensis (Canary Island Date Palms) on the nature strip

 

b.   Three Archontophoenix cunninghamiana (Bangalow Palms) along the northern boundary

Advisory Conditions

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

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                       13 September 2011

 

 

Development Application Report No. D104/11

 

 

Subject:                  6 Sully Street, Coogee (DA/359/2011)

Folder No:                   DA/359/2011

Author:                   Louis Coorey, Environmental Planning Officer     

 

Proposal:                     Alterations and new first floor addition to the existing semi-detached dwelling house.

Ward:                      East Ward

Applicant:                Cape Cod Aust. Pty. Ltd.

Owner:                         Our Ladys Nurse of The Poor

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.    Executive Summary

 

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

 

In accordance with legal advice the semi-detached dwelling houses in the Residential 2A Zone should be classified as an attached dual occupancy and is therefore assessed against the standards under the RLEP 1998 (Consolidation). In this respect, the proposed development seeks an external wall height of 7.7m and an overall height of 9.5m (measured at the north western elevation) exceeding the maximum external wall height standard by 80cm at the rear corner adjacent to the common side boundary representing an 11% variation to the standard which restricts the external wall height to a maximum of 7 metres. The applicant has submitted a SEPP 1 objection to the standard explaining why it is unreasonable and unnecessary for the standard to apply in the circumstances. This development application is referred to the Planning Committee because there is a greater than 10% variation to the external wall height standard under Clause 20G of the RLEP.

 

It is important to note that it was never intended for the RLEP standard for maximum wall height to be applied to these types of dwellings (semi’s) where they have historically been assessed against the Development Control Plan (DCP) for Dwelling Houses and attached Dual Occupancies. It is further noted that in order to remove the unnecessary application of the RLEP provisions, a draft amendment to the RLEP is currently on exhibition between 17 May and 6 June 2011 which will clarify the definition of a dwelling house to include semi detached dwellings. However, until such time as the draft amendments to the definitions is gazetted, the subject semi-detached dwelling and proposal continues to be classified as an attached dual occupancy and not a dwelling house, and therefore subject to an assessment against the development standards contained in the Randwick Local Environmental Plan 1998 (Consolidation).

 

No submissions have been received as a result of the notifications carried out.

 

The main issue with the application includes the adverse privacy impacts from one south west facing bedroom window and the rear upper level balcony. These issues are addressed in the body of this report where it is considered that conditions requiring treatment and the addition of privacy screens would suitably ameliorate the adverse impacts.

 

Overall, the proposed development is considered to have satisfied the relevant objectives under the RLEP and the objectives and performance requirements of the DCP for Dwelling Houses and Attached Dual occupancies and will not result in any significant or unreasonable adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

Approval, subject to conditions, is recommended

 

2.    The Proposal

 

The proposed development seeks to carry out alterations and a new first floor addition to the existing semi-detached dwelling house.

 

Note: Amended plans were received by Council on 19 July 2011. The amended plans set the first floor addition further behind the main ridge line in response to Councils concerns that it would be too dominant having regard to the roof form of the adjoining semi detached dwelling (notwithstanding the existing two storey garage that is off to the side of the adjoining semi).

 

3.    The Subject Site and Surrounding Area

 

The subject site is located at the north eastern side of Sully Street. East of the subject site is the adjoining semi detached dwelling and to the west is a flat building located on the corner of Howard Street and Sully Road. Further along the western side boundary of the subject site is the rear boundary of a site that fronts onto Howard Street. The subject site has a frontage of 9.9m and a side boundary depth of 39.3m with an overall site area of 385.7m2. The subject site has a natural land fall from street level to the rear and from the eastern side boundary to the western side boundary and largely responsible for a development which has a non complying external wall height. The surrounding area is residential in character containing numerous semi detached dwellings, single detached dwellings and some multi unit housing. Figure 1 is an aerial view of the subject site and the surrounding area.

 

Figure 1: Aerial view of the subject site and surrounding area.

 

4.    SEPP 1 Objection to external wall height standard under Clause 20G of the RLEP 1998 (Consolidation)

 

The proposal has a maximum external wall height of 7.5m, which exceeds the 7m maximum height specified in Clause 20G Randwick LEP 1998. The proposal seeks a variation to the maximum external wall height standard under Clause 20G of the RLEP 1998 (Consolidation) via a SEPP 1 objection.

 

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

 

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

 

The stated purpose of the standards as outlined in the LEP is:

 

Building Heights: To set upper limits for the height of buildings in residential and business zones that are consistent with the redevelopment potential of land in those zones given other development restrictions, such as floor space and landscaping, and have regard for the amenity for surrounding areas.

 

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

 

 

 

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

 

·      The proposed development is non-complying external wall heights are largely a result of the sites topography where it falls away from street level down to the rear and from the eastern side boundary to the western side boundary resulting in a non complying wall and overall height along the western and rear elevations.

 

·      The proposed development has a first floor side boundary setback of 1.7m from the western side boundary which readily meets with the preferred 1.5m minimum side setback solution under the DCP.

 

·      Taking into consideration the proposed development and the sites configuration, it is not considered that the proposed developments non complying external wall height and overall height will result in any unreasonable level of overshadowing to any single neighbouring properties north facing windows or their private open spaces.

 

·      No significant frontal or rear views are considered to be affected by the proposed development.

 

·      The proposed development readily complies with the FSR and Landscape area standards under the RLEP 1998 (Consolidation)

 

·      Except for non compliance with the DCP solutions for external wall heights, the proposed development readily complies with the majority of other building design criteria under the DCP for Dwelling Houses and Attached Dual Occupancies.

 

Overall, it is considered that the proposed development satisfies the purpose of the height standard and the non-compliance does not result in any inconsistencies with the objectives of the 2A zone in which the site is located and the SEPP 1 Objection is well founded

 

Matter 2

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

 

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

 

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

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

 

Assessment officers comments:

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

 

The proposal is also consistent with the relevant objectives of Residential 2A Zone in that while providing added function and use of the subject site it will continue to maintain the existing single occupancy on site, which is not inconsistent with the existing character and desired character of the locality having regard to semi detached dwellings with first floor additions.

 

Matter 3

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

 

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

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

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

Table – Establishing compliance is unreasonable or necessary

Method

Assessment

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the design scheme (incorporating a further front setback from the roofs main ridge line) will achieve the objectives of the development standard.

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

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

 

Fifth

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

 

Comments:

The existing Residential 2A zoning is considered to be appropriate for the locality.

 

5.    Application History

 

1st information request

The applicant was advised of the following issues related to the form of the proposed development:

 

The proposed development seeks to locate a portion of the proposed first floor addition forward of the main ridge line shared with the adjoining semi-detached dwelling at No. 8 Sully Street.

 

You are advised that this part of the development does not comply with the relevant performance requirement and preferred solution under Section 4.3.3 of the Development Control Plan (DCP) for Dwelling Houses and Attached Dual Occupancies namely those under P5 and S5 as stated below:

 

P5

The second storey portion of a semi detached dwelling should integrate with the streetscape and the adjoining semi-detached dwelling.

 

S5

The second storey portion of a semi detached dwelling being confined within the existing roof space or setback from the front elevation behind a substantial portion of the existing roof form and the design respecting the symmetry of the adjoining semi detached dwelling.

 

The objectives of the DCP that underlie the above-mentioned criteria, are that  developments should not be excessive in height and scale and be compatible with the existing character of the locality; 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; and with respect to additions to semi-detached dwellings they integrate with the attached dwelling; and views are shared.

 

In respect to the above, the proposed development encroaches over the main front ridge line, it will dominate and detract from the symmetry between the main roof form shared between the two semi-detached dwellings and will not be congruous with the character of the existing form and could possibly set an undesirable outcome for first floor additions to other semi’s within Sully Street.

 

You’re therefore required to setback the first floor addition so that it is behind the main ridge line and submit amended plans to Council for assessment (6 sets).

 

Please note: The development next door at No. 8 Sully Street contains a two storey garage alongside the dwelling and does not affect the main roof form across both pairs of semi detached dwellings, where the first floor addition to the main dwelling is setback and below the main roof ridge line. Consequently, it is not considered that this site and the garage located upon it should form a precedent for your proposed development.

 

Amended plans were received by Council on 19 July 2011, and renotified to the surrounding area. The amended application alters the first floor addition and relocates it behind the roofs main ridge line in order to ensure the development does not detract from the symmetry enjoyed across the main roof form shared with the adjoining semi-detached dwelling.

 

6.    Community Consultation

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification. Similarly, the amended application was also notified in accordance with the DCP – Public Notification. As a result of the notifications, no submissions were received.

 

7.    Technical Officers Comments

 

No technical officers comments required.

 

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998

 

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

 

Clause 10 2A Zone

 

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

 

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

 

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

 

Clause 20E Landscaped area

 

Clause 20E states that within zone 2A the minimum landscaped area for anything other than a dwelling house is 40% of the total site area. The proposed development complies with the minimum landscaped area required providing over 60% as landscaping and over 40% as permeable areas.

 

Clause 20F – Floor Space Ratios

 

Clause 20F states that within zone No.2A the maximum floor space ratio for anything other than dwellings is 0.5:1. The proposed development seeks a floor space ratio of 0.46:1 complying with this standard.

 

Clause 20G Building Heights

 

Clause 20G states that within zone 2A the maximum external wall height for a building other than a dwelling house is 7m and 9.5m for the overall height from any point on ground level. The proposal has an external wall height of 7.8m at the north eastern corner at the common side boundary and does not comply with the standard. See SEPP 1 objection above.


 

8.1 Policy Controls

a.    Development Control Plan Dwelling Houses and Attached Dual occupancies DCP.

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

Complies with the numerical solutions.

25m² of private open space provided.

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

Open space behind the building line.

20% of the site area is permeable.

Floor area

(Site area 385.7 m2) maximum FSR 0.5:1 

0.46:1

Yes

Height, Form & Materials

External wall height maximum 7m

>7 m

No see SEPP 1 section

External wall height to the rear maximum 3.5m.

n/a

n/a

Cut or fill maximum 1m.

<1m

Complies

No excavation within 900 mm of a side boundary.

Acceptable on the basis that work alongside the common side boundary are minor and appropriate conditions have been included to suitably protect adjoining neighbour’s property.

No excavation within 4m of a rear boundary.

Complies 

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

Complies

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

The proposed first floor addition set well behind the main ridge line and the proposed first floor addition is not inconsistent with the objectives and performance requirements under the DCP having regard to the building design criteria for FSR, Height, Setbacks and landscaping solutions.

Building setbacks

Front setback average of adjoining dwellings or 6m

Acceptable

Rear boundary setback at least 4.5m

Complies

Side setbacks be 900mm at ground level.

Complies

Side setbacks be 1.5m at second floor level.

Complies

Side setbacks be 3.0m at third floor level.

n/a

n/a

Visual & Acoustic Privacy

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

The proposed upper level west facing portion of bedroom  window (w4) has the potential to overlook the window on the neighbouring site opposite and an appropriate condition is included requiring this part of the window to be adequately treated.

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

Proposed upper level rear balcony has an outlook into the neighbour’s rear yard. A suitable condition has been included in the recommendation requiring privacy screens along the eastern and western sides of the balcony.

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

Not required

Garages & Driveways

 

 

 

Garages & Driveways

(continued)

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

1 space provided only and has a shortfall of one space. The non compliance is acceptable on the basis that the additional demand for parking can easily be accommodated on street which on several site visits show that plentiful parking was available.

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

n/a

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

Complies

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

Complies

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

Considered acceptable given the configuration of the site.

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

Considered acceptable given the configuration of the site.

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

No significant impact to the eastern and western side  neighbours rear yard areas.

 

8.2 Council Policies

Category

Cost

Applicable Levy

S94A Levy

Development Cost

Between $100,000 and <$200,000

 

$199,202

0.5%

$996.00

 

9.    Environmental Assessment

 

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Conclusion

 

The proposal complies with the relevant assessment criteria and, where non compliance results, the proposed development is considered to have satisfied the underlying objectives of the relevant standard. The proposed development will not result in any significant or unreasonable adverse impacts upon either the amenity of the adjoining premises or the character of the locality

 

The application is, therefore, recommended for approval subject to conditions.

 

 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/359/2011 to carry out alterations and new first floor addition to the existing semi-detached dwelling house at 6 Sully Street, Randwick, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

Job No: 7297/11 1 of 7

Cape Cod

13 July 2011

19 July 2011

Job No: 7297/11 2 of 7

Cape Cod

13 July 2011

19 July 2011

Job No: 7297/11 3 of 7

Cape Cod

13 July 2011

19 July 2011

Job No: 7297/11 4 of 7

Cape Cod

13 July 2011

19 July 2011

Job No: 7297/11 5 of 7

Cape Cod

13 July 2011

19 July 2011

Job No: 7297/11 6 of 7

Cape Cod

13 July 2011

19 July 2011

Job No: 7297/11 7 of 7

Cape Cod

13 July 2011

19 July 2011

 

BASIX Certificate

No.

Dated

Received

 

A112108

6 May 2011

17 May 2011

 

Amendment of Plans & Documentation

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

 

a.           A privacy screen having a height of 1.8m above floor level must be provided to eastern and western sides of the upper level rear balcony.  The privacy screen must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

b.           The following window must have a minimum sill height of 1.5m above floor level, or alternatively, the window is to be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height:

 

·    The west facing part of the first floor bedroom window (W4). An amended BASIX certificate may be required.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.       The colours, materials and finishes of the external surfaces are to be consistent with the colour scheme received by Council on 17 May 2011 and be compatible with the adjacent development to maintain the integrity and amenity of the building and the surrounding developments.

 

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 $199,202.00 the following applicable monetary levy must be paid to Council:   $996.00.

       

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

 

 

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

 

Compliance with the Building Code of Australia

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

 

Structural Adequacy

7.       Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority, certifying the structural adequacy of the existing structure to support the additional storey/upper floor addition.

 

Long Service Levy Payments

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

 

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

Security Deposits

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

·           $600.00     -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Stormwater Drainage

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

 

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

 

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

 

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

 

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

 

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

 

BASIX Requirements

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

 

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

 

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

 

Energy & Water Efficiency

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

 

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

 

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

 

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

 

Smoke Alarms

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

14.     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

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

 

 

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

 

Dilapidation Reports

16.     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

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

 

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

 

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

 

Temporary Site Fencing

18.     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

19.     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

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

 

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

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

·          Details of hazardous materials (including asbestos)

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

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works will commence

·          Recycling, reuse and waste disposal of remediation materials

 

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

 

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

 

Notes

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

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

 

Sydney Water

21.     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

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

 

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Demolition Work Requirements

23.     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

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

 

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·          Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Site Signage

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

 

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

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

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

 

Sediment & Erosion Control

26.     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

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

 

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

 

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

 

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

 

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

 

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

 

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

Excavations, Back-filling & Retaining Walls

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

 

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

 

Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

Support of Adjoining Land

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

 

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

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

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

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

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

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

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

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

 

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Inspections During Construction

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

 

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

 

Building Encroachments

33.     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

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

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:        For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

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

 

Occupation Certificate Requirements

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

 

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

 

BASIX Requirements

36.     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

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

 

Options may include one or more of the following measures:

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

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

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

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

·          Other appropriate effective safety measures or barrier.

 

OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

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

 

Use of premises

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

 

External Lighting

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

 

Protection of the Environment Operations Act 1997 – Rainwater Tanks

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

 

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

Rainwater Tank Requirements

41.     The installation of rainwater tanks shall comply with the following noise control requirements:

 

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

 

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

b)    Plant and equipment associated with rainwater tanks are to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

c)    The operation of plant and equipment associated with rainwater tanks are to be restricted to the following hours if the noise emitted can be heard within a habitable room in any other residential premises:

·      before 8.00am or after 8.00pm on weekends or public holiday; or

·      before 7.00am or after 8.00pm on weekdays.

ADVISORY NOTES

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

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                       13 September 2011

 

 

Development Application Report No. D105/11

 

 

Subject:                  20 Chester Avenue, Maroubra (DA/341/2011)

Folder No:                   DA/341/2011

Author:                   Willana Associates, Pty Ltd     

 

Proposal:                     Demolition of existing garage, ground and first floor alterations and additions to existing dwelling and construction of a new carport with associated works

Ward:                      Central Ward

Applicant:                Ms C M Levi

Owner:                         Ms C M Levi

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

This development application is referred to the Planning Committee as the owner of the subject site has a close association with a Council staff member.

 

The application proposes alterations and additions to the existing semi detached dwelling, site fencing and on-site landscaping, (including removal of trees, changes to existing paving and demolition of the existing garage).  As the semi detached dwelling is part of a single building, the development is defined as ‘multi-unit housing’.  It was submitted on the 11 May 2011 and subsequently notified for a 14 day period whereby no submissions were received. 

 

The amended plans have been assessed against the relevant heads of consideration prescribed under Section 79C of the Environmental Planning and Assessment Act, 1979 (as amended), particularly the relevant provisions of Randwick Local Environmental Plan 1998 (Consolidation) and the Randwick Development Control Plan for Multi Unit Housing.  The main issue identified in the assessment is the setback for the BBQ structure (including side cladding) to the southern side boundary.

 

On the 12 July 2011, amended plans were submitted to address issues raised by Council’s engineer and landscape officer.  The issues related to the setback along the southern side boundary, changes to the front fence to cater for overland flow paths and retention of a Swamp Mahogany tree in the rear yard.  The original plans indicated a rear dwelling extension and deck with a BBQ structure as close as 50mm to the side boundary). 

 

The amended plans provide for the retention of the tree, changes to the front fence, a 700mm setback for the dwelling along the southern side boundary and a barbeque structure, with side cladding, up to the side boundary.  The amended plans also indicate other changes such as the relocation of the western wall of the rear extension to compensate for the loss of floor area as a result of the 700mm setback and relocation of the main door entry from the side to the front elevation.

 

Council’s Engineer has advised that a 700mm side setback is necessary for all built forms, including the BBQ structure, to provide appropriate overland flow paths.  A 700mm side setback will also better achieve the objectives and performance requirements for side setbacks and solar access contained in Council’s DCP for multi unit housing, enable the only external access from the front to the rear of the site (subject to the appropriate location of the proposed hot water system and external on-site garbage storage), and be consistent with the existing minimum setback of the carport wall.  The applicant has advised that they will accept the imposition of a condition of consent to require the 700mm setback. 

 

Accordingly the proposal is satisfactory and recommended for approval, subject to conditions.

 

2.    The Proposal

 

It is proposed to undertaken alterations and additions to the existing semi detached dwelling, site fencing and on-site landscaping.  The main alterations and additions are listed in the table below.

 

Table 1: - Alterations and Additions

 

Ground Level:

-    Rendering of the external walls.

-    Provision of a door entry and deck on the front elevation.

-    Demolition of existing garage and single storey rear dwelling portion

-    Extension at the rear of the dwelling to provide a new kitchen, living room and dining room, and rear deck with a pergola over.

-    Removal of two (2) trees, one located along the frontage of the site and the other within the rear yard, adjacent to the northern side boundary.

-    Conversion of the existing carport into a garage, including the erection of a pergola in front.

-    Changes to the front fencing and onsite paving (including changes to the existing vehicular access).

Upper Level

-    Extension to the front and rear elevations to increase the size of Bedroom 1 and provide a new bathroom respectively.

-    Changes to the existing roof, including the installation of 3 skylights, demolition of the metal skillion roof and increase in ceiling height to the southern side.

-    Rendering of external walls.

 

3.    The Subject Site and Surrounding Area

The subject site, Lot 603 DP 31995, is almost rectangular in shape and located on the west side of Chester Ave, Maroubra, opposite Coral Sea Park.  It has a convex frontage of approximately 12.5m, a rear boundary length of approximately 7.4m and a side boundary length to the north and south of approximately 37.43m and 38.2m, respectively.  The total area of the site is 376m2.

 

The site consists of a part one/part two storey, semi detached dwelling that shares a common wall to the north with the dwelling at 18 Chester Ave.  It is characterised by its brown face brick construction and tiled roof form.  A fibro garage, with a gable roof, exists adjacent to the southern side boundary, behind the dwelling. 

 

Established trees on the site consist of one (1) tree at the frontage,  two (2) trees adjacent to the northern side boundary, three (3) trees adjacent to the rear boundary, and two (2) trees behind the garage. 

 

There is no fencing along the front boundary of the site.  Fencing forward of the building line, along the side boundaries, consists of low-lying fencing to the south and wooden paling fencing to the north.

 

A sewer line extends from the southern side of the dwelling rear, to the northern side boundary and up to the rear boundary.

 

The southern side of the subject site abuts the property known as 22 Chester Ave.  This property consists of a two-storey dwelling, setback approximately 2.7m from the common boundary.  The rear of the subject site abuts the property known as 25 Astoria Circuit, Maroubra, which consists of a detached dwelling house.  Other surrounding properties within the vicinity generally consist of semi detached dwellings, detached dwelling houses or multi unit housing developments.

 

4.    Relevant Background

 

On the 24 June 2011, the applicant was advised to submit amended plans to address concerns raised by Council’s stormwater engineer, with regard to overland flow paths, and Council’s landscape officer, with regard to the retainment of the Eucalyptus robusta (Swamp Mahogany) in the rear yard.  The letter requested the following changes:

-     Increase to the southern side setback to a minimum of 1.0m.

-     Consideration of a 250mm gap between the bottom of the front fence gate and the driveway surface to allow passage of overland flow (this could form a condition of approval),  OR, alternatively a fence of a free and open form (not brick) across the entire site frontage (without the 250mm gap).

-     Retention of the Eucalyptus Robusta (Swamp Mahogany) in the rear yard.

 

In response to the letter, the applicant requested a 700mm setback instead of a 1m setback from the southern boundary.  The applicant was advised that a 700mm would be acceptable.

 

On the 12 July 2011, amended plans and an amended BASIX Certificate were received.  The plans indicated the following changes:

-     Provision 700mm setback to the southern side boundary for the kitchen, however a nil setback for the BBQ structure.

-     Extension to the western wall of the rear ground floor addition to compensate for the loss of floor area as a result of the 700mm setback.

-     Addition of a front gate and path way.

-     Provision of an open form front fence.

-     Relocation of the front door from the side to the front elevation of the house.

 

5.    Community Consultation

 

The application was notified and advertised to the adjoining and nearby properties from 16 May 2011 – 30 May 2011 in accordance with DCP – Public Notification of Development Proposals and Council Plans.  No submissions were received at the conclusion of the public consultation process.

 

6.    Technical Officers Comments

 

The original proposal has been referred to the relevant technical officers, including, where necessary, external bodies.  The comments provided below have prompted the applicant to provide amended plans as indicated in Section 4 above.

 

6.2 Assets and Infrastructure Comments.

 

Flooding Issues

The subject site is within an overland flow path and is likely to be subject to stormwater inundation during major storm events. The site is located within the study area for a council commissioned flood study for the Maroubra Beach catchment which is presently on public exhibition.  A further flood study will therefore not be required.

 

Council’s Drainage Engineer Terry Kefalianos has advised the applicant in email dated 18th January that the typical depth of flow across the site for the 1% AEP storm event is 0.2m. Development Engineering requires that all new additions are a minimum of 300mm above the 1% AEP flood level to provide adequate freeboard.

 

The submitted plans indicate the new additions on the ground floor consisting of the new kitchen and family room and are to be 0.5m above existing ground levels. Although complying with the minimum 300mm freeboard requirement Council’s Drainage Engineer has expressed concern that the development will be extending across the full width of the site. This will obstruct overland flow through the site and the proposal has not allowed for any alternative paths to accommodate the overland flow around the building.  Furthermore, the adjoining building to the south has an existing floor level that is very close to natural ground which is of particular concern since there is a door opening very close to ground level along its northern wall adjacent to the subject site.

 

There is concern that the proposal will obstruct overland flow and adversely impact surrounding properties. The application cannot be supported in its present form.

 

The proposal should be amended to provide an overland flow path around the building or indicate a clear path underneath the structure. The most preferred solution would be to increase the setback to a minimum of 1.0m from the southern side boundary.

 

It is also noted that a brick fence is proposed across the front of the property. This would only be supported if the gate has a 250mm gap between the bottom of the gate and the driveway surface to allow passage of overland flow. Alternatively a fence of a free and open form (not brick) across the entire site frontage would also be permissible without the 250mm gap.

 

Landscape/Tree Comments

No objections are raised to removing the large and mature Agonis flexuosa (Willow Myrtle) of around 6-8 metres in height from the front yard, about halfway across the width of the front property boundary, not only due to its direct conflict with the new front fence as shown, but primarily because it is in poor structural condition due to a combination of its lean/bias to the west (towards the house), co-dominant leaders and basal decay, and should be removed in the interests of safety, irrespective of the proposed works. 

 

Similarly, the 5-6m tall Banksia integrifolia (Coast Banksia) in the rear yard, along the northern site boundary, is located inappropriately close to the northwest corner of the existing dwelling (approx 1m away), and could also be removed, irrespective of the proposed works.

 

The largest tree at this site is also shown as being removed, being a mature Eucalyptus robusta (Swamp Mahogany) of approximately 12 metres in height in the rear yard, about halfway along the northern boundary, which appeared in fair health and condition, and is also covered by the provisions of Council’s Tree Preservation Order (TPO).

 

Extending the ground floor 500mm closer to the tree would still leave a clearance of over 5m to its trunk, with the roof of the timber deck to be setback 2.3m from its trunk, with the SEE claiming its removal is sought in response to recently dropped limbs, as well as to improve solar access to the house and private open space.

 

While recent failures were observed, no other major structural deficiencies that would justify its removal were noted, with the benefits that such endemic species provide to the local environment in urban situations needing to be considered, as they offer an important food and habitat source for native fauna, and would also assist with screening and privacy between the proposed first floor and those unit blocks to the north.

 

As such, Council requires that the plans be amended to show this tree as being retained, with consent to be granted for selective pruning, which would both improve its structure and avoid conflict with the works (as well as improve solar access), and is achievable given the space available and setbacks provided, and is regarded as a more balanced outcome for the site and application.

 

These changes have been implemented.

 

7.    Master Planning Requirements

 

No master plan is required in this case.

 

8.    Relevant Environmental Planning Instruments, Development Control Plans, Codes/Policies

 

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

-    Environmental Planning and Assessment Act 1979 (as amended)

-     Environmental Planning and Assessment Regulation 2000

-     State Environmental Planning Policy No 55 – Remediation of Land

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

-     Randwick Local Environmental Plan 1998 (Consolidation)

-     Building Code of Australia

-     Development Control Plan for Multi Unit Housing

-     Development Control Plan- Parking

-     Development Control Plan – Public Notification of Development Proposals

-     Asbestos Policy

-     Rainwater Tank Policy

-     Section 94A Development Contributions Plan

-     City Plan

 

8.1 Environmental Planning Instruments

 

(a)    Randwick Local Environmental Plan 1998 (Consolidation)

The site is zoned ‘Residential B’ under Randwick Local Environmental Plan 1998 (Consolidation).  The proposed development (defined as ‘multi-unit housing’ as it relates to a semi detached dwelling) is permissible under this zone.  The following Clauses of the LEP 1998 are also relevant:-

 

Clause 9 – Objectives  &  Clause 11 – Zone No 2B (Residential B Zone)

Clause 9 – Objectives of the RLEP provides that development consent may be granted only after consideration of the extent to which the development is consistent with the general aims of the RLEP and the specific objectives of the 2B zone.

 

Clause 2 of the RLEP lists the following relevant general aims:

(e)    To ensure the conservation of the aesthetic character of the City,

(g)    To promote, protect and enhance the environmental qualities of the City,

(h)    To recognise the importance of ecological sustainability in the planning and development processes,

 

Clause 11- Zone No 2B (Residential B Zone) lists the following relevant specific objectives:

(a)    To provide for a low to medium density residential environment,

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

(c)    To protect the amenity of existing residents,

 

The proposed development will be consistent with the aims and objectives subject to conditions discussed in this assessment report.  It will maintain a low to medium density form on the subject site whilst improving the streetscape presentation, as well as promoting energy efficiency and water conservation.  The impact on the amenity of neighbouring residents will be satisfactory, as discussed in the sections below. 

 

Clause 20E - Landscaped area

Clause 20E prescribes a minimum landscaped area of 50% that is applicable to the subject site.  The development will provide a compliant landscaped area of 53.8%.

 

Clause 20F - Floor space ratios

Clause 20F prescribes a maximum floor space ratio (FSR) for buildings, other than dwelling houses, within Zone 2B of 0.65:1.  The development will provide a compliant FSR of 0.5:1 (188.1 m2).

 

Clause 20G - Building heights

Clause 20G prescribes a maximum height and external wall height for a building, other than a dwelling house, within Zone 2B of 9.5m and 7m , respectively.  The proposed development will achieve compliance with both of the standards.

 

Clause 22 – Services

Clause 22 permits the granting of consent to a DA where it is satisfied that adequate facilities for the supply of water, removal of sewage and drainage are available.

 

The site is already serviced with water, sewer and drainage infrastructure.  A sewer line is located within the rear yard.  A condition is recommended to require the applicant to make all necessary arrangements with Sydney Water, including the submission of a Section 73 Certificate. 

 

Clause 28 – Tree Preservation Orders

The amended plans indicate two (2) trees proposed for removal.  As per the comments provided by Council’s landscape officer in Section 6 above, removal of the trees is satisfactory.  A condition will be included in a consent to allow limited pruning to the mature Eucalyptus robusta (Swamp Mahogany).  

 

Clause 40 – Excavation and filling of land

Clause 40 of the LEP contains provisions for undertaking excavation and filling of land.  No substantive excavation is necessitated in this case.  Nevertheless, conditions are recommended with regard to the provision of effective sediment and erosion control measures and damage to neighbouring properties.

 

Clause 42B – Contaminated Land

Land contamination has been addressed in the below section ‘State Environmental Planning Policy No 55 – Remediation of Land’.

 

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

The subject Development Application is accompanied by an appropriate BASIX Certificate that lists commitments to ensure the water and energy targets are achieved.  Some commitments are also annotated on the submitted plans. A condition is recommended to require the implementation of all of the commitments listed in the BASIX Certificate and the submission of compliance certificate verifying implementation.

 

(c)    State Environmental Planning Policy No 55 – Remediation of Land

The likelihood of encountering contaminated soils on the subject site is extremely low.  No substantive excavation is proposed.  The subject site and adjoining properties have been used for residential purposes for a considerable number of years.  No potentially contaminating activities are currently being undertaken on the site or adjoining properties.  The site is not identified under an environmental planning instrument as requiring remediation or a site audit statement.  To avoid any contamination, conditions are recommended to ensure that appropriate measures / safety standards are adhered to with respect to any lead paint and asbestos removal.

 

Given the above factors, no further investigation of land contamination is warranted in this case.  The site is suitable in its present state for the proposed residential development. 

 

8.2 DCP Controls

(a) Development Control Plan for Multi Unit Housing

The table below provides an assessment of the proposed development against the relevant Preferred Solutions, and where non-compliance results, against the relevant Objectives and Performance Requirements.

 

Performance Requirements

Preferred Solution

Compliance

 

3.1 Site Planning

P1.  DA accompanied by Site Analysis Plan.

-

Site analysis plan has been provided. Complies.

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

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

The existing site frontage of 18 and 20 Chester Ave is 24.864m. 

Complies.

3.2 Height

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

-

No substantive impacts will result.  Refer to the sections below with respect to solar access, streetscape, views and privacy.

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

-

The proposal incorporates adequate articulation and visual interest into the design.

3.3 Building Setbacks

P1.  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

-

The proposal will provide a consistent front setback to that of neighbouring dwellings.  The east elevation of the lower level will maintain the existing setback.  The only structures further forward will be the new carport and deck, however these structures will be open /light weight structures, of minimal consequence to the height and bulk of the built form.  They will improve the on-site amenity and maintain an ample setback to the street.  They will not adversely impact on the character presented to the street or contribute to any unreasonable loss of light and air to the neighbouring dwellings, nor will they necessitate the removal of any vegetation.

 

P2.  Side boundary setbacks

 

Ensure:

·    Solar access maintained shadows minimised.

·    Privacy between adjoining dwellings and open spaces.

·    Landscaping and private open space provided.

·    Streetscape amenity maintained.

·    No part closer than 2.5m.

·    Minimum average setback 4m.

·    Maximum length of wall without articulation is 10m.

·    Minimum length of any step is 3m.

Refer to discussion below table.

P3.  Rear Boundary Setbacks

Ensure that:

·    Solar access & shadows minimised.

·    Privacy between neighbouring dwellings and their open spaces provided.

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

·    Building built across site.

S3  Zone 2B

Minimum average setback: 6m

No part closer than 4.5m.

Maximum wall length without articulation: 10m.

Minimum length of any steps is 3m.

The proposal complies with the rear setback and articulation requirements.  The dwelling will have a setback of approximately 13.3m -14.3m.  The rear deck will have a minimum setback of approximately 9.9m. 

Complies.

3.4 Density

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

 

The proposal will be compatible with the adjacent built forms, which comprise of medium density development.  As addressed in this table, no substantive impacts will result with respect to solar access, streetscape, views and privacy.

3.5 Fences

P1.  Fences to be/have:

·    Consistent with streetscape.

·    Entrances highlighted.

·    Planting used to soften and provide privacy.

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

 

The max. height of the new front fence will be 1.8m.  Other than the piers, the front fence will be open in the form of timber slat construction.  The fence has been designed to address concerns raised by Council’s stormwater engineer with respect to overland flow paths.

 

No details of the new side boundary fencing to the south, forward of the building line, have been submitted.  Accordingly, a condition is recommended to require details to be submitted for the approval of Council.

4.1 Landscaping and Private Open Space

P1.  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

 

S1 Minimum dimension for landscaped area 2m.

The side setback to the south consists of some landscaped area less than 2m in width.  Regardless, the remaining on-site open spaces will provide adequate opportunities for recreational activities and substantial vegetation.  In addition the development will be compliant with the LEP landscaped area requirement of 50%.  Complies

P3.  Private Open Space

·    Provides privacy;

·    Is readily accessible from the main living areas so that becomes extension of dwelling;

·    Provides opportunities for outdoor recreation and living.

-

The proposed private open space will provide privacy, be readily accessible from the main living area so that it becomes an extension of dwelling, and provides for outdoor recreation and living opportunities. Complies.

P5.  Townhouses, row houses, villa etc

 

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

Proposed Area: 119.9m2 (rear garden includes rear deck).

Proposed Dimensions: 3m x4m

Complies.

4.2 Privacy

P1.  Visual Privacy

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

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

Only one window will require a raised sill height or obscure glazing.  This window is the Bedroom 1 window proposed on the north side elevation, which will face a window of the neighbouring dwelling at 18 Chester Ave.  A condition is recommended accordingly.

P2.  Private open space design and location ensure privacy.

-

An appropriate outcome will be provided.  Screening will be provided to the southern side of the BBQ area.  The rear deck at 18 Chester Ave consists of screening to its southern side. 

P3.  Acoustic Privacy

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

-

The resultant impact will not be indifferent to the existing situation.  The proposed layout (i.e. location of main living areas and bedrooms will be as per the existing situation.

P4.  Building construction transmission of noise.

 

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

A condition is recommended to require compliance with the relevant requirements of the BCA. 

4.3 View Sharing

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

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

P3.  Buildings are aligned to maximise view corridors between buildings.

-

No significant impact on views will result.  The first floor level additions will be minor and compliance will be achieved with the required height limit. They will be setback from the building sides. The lower level setbacks, (subject to the setback of the BBQ area a minimum of 700mm) will not encroach further upon the existing.

4.4 Solar Access and Energy Efficiency

P1.  Design, orientation, siting and landscaping minimises loss of solar access.

-

Solar access will be adequately accommodated, as discussed below.

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

-

Reasonable solar access will be maintained to 22 Chester Ave given it is two levels in height and the proposed second level extensions will be limited in size and setback from the southern side boundary.

P1.2.  Living areas of neighbours’ dwellings receive 3 hours of sunlight over part of their surface throughout the year.

If less currently available, the amount is not reduced.

-

There are two windows on the side elevation of the dwelling at 22 Chester Ave.  One is located at ground level, while the other is located on the upper level.  At least 3 hours sunlight will be received over part of the window areas between 9am and 3pm on 21 June.  The recommendation to provide a minimum 700mm side setback will improve sunlight access to 22 Chester Ave.

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

-

At least 3 hours sunlight access will be provided to part of the rear yard of 22 Chester Ave. The recommended increased side setback will improve this outcome. 

 

P4.  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

·    Living areas are orientated to the north.

·    Larger windows are located on the north.

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

No dwelling achieves less than 3 stars. The rating for each dwelling is provided with the application.

The application is accompanied by a BASIX Certificate for the amended plans which indicates water and energy saving commitments that will be provided for compliance with the NSW government’s requirements for sustainability.

P5.  Buildings have roofs with pitch suitable for solar collectors.

S5.  Roof between 45 degrees east and 45 degrees west or north, and slope between 15 and 55 degrees to the horizontal for solar collectors.

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

 

4.5 Safety and Security

P1.  Design allows surveillance.

P2.  Approaches and entries are visible.

-

More than one habitable room window will overlook the street, and approaches to entry of the site and dwelling. Relocation of the front door entry to the front elevation will assist in casual surveillance.

P3.  High walls and structures avoided.

-

High walls and structures are avoided.

P4.  Resident car parking has security grilles or doors.

-

The existing carport will be enclosed to consist of a garage door on its front elevation and a wall and door access on its rear elevation.

P7.  Adequate lighting for personal safety and security provided.

P8.  External lighting does not create a nuisance.

-

A condition is recommended to require lighting on the front facade/front door entry and for any such lighting to face downwards and away from neighbouring properties as not to cause a nuisance.

5.1 Parking

Required Resident Parking: 1.5 spaces

 

Required Visitor parking is 1 space per 4 dwellings.

-

2 resident spaces.

Nil visitor spaces are proposed.  This is considered satisfactory as adequate on-street parking exists to cater for any demand. 

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

-

The garage and carport structures will not dominate the streetscape.  They will be single in width and integrate with the design of the dwelling.

P2.  Parking spaces for people with a disability provided as required.

-

No accessible spaces are required.

P3.  Secure storage for bicycles is provided.

-

Bicycle storage can be accommodated within the proposed garage.

5.2 Driveways and Manoeuvring Areas

P1.  Areas of driveways and manoeuvring are minimised.

-

The driveway will maintain a similar width to the existing.

P2.  Vehicles enter/ leave in a forward direction.

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

The proposal will not achieve compliance.  However it is acceptable in this case given the density, anticipated vehicle movements, aim to minimise on-site hard paving and limited site dimensions.

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

S3.  Long driveways provide passing bays.

The driveway is not excessive in length.

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

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

The driveway will achieve compliance with the width and setback requirements.  Complies.

P5.  Materials and finishes are consistent.

S5.  Large expanses of uncoloured concrete avoided.

Uncoloured concrete is not proposed.  Complies.

P6 Driveway gradients safe.

S6.  Driveway gradients do not exceed 1 in 6.

Complies.

5.3 Storage

P1 Accessible and separate storage for each dwelling.

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

The garage and internal dwelling spaces will provide adequate storage spaces. 

5.4 Barrier-free access

P1.  All new development must address the provision of access for people with special access needs. This includes access to and from public foyer, parking, and landscaped areas.

S1.  Publicly accessible areas within developments are provided with facilities for access and mobility in accordance with the BCA.

The requirements are not relevant in this case as they apply to new developments. 

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

5.6 Waste Minimisation and Management

P1.  Waste collection and separation facilities for each dwelling.

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

The kitchen will be capable of accommodating the required waste cupboard.  A condition is recommended for its provision. 

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

-

The bin storage area will be located within the side building line setback, within convenient access to the kerbside collection area. 

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

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

The bins are not located within the front setback. Complies.

6.3 Coral Sea Park Estate

P1.  Building materials and external finishes are consistent with the dominant themes in the Estate.

-

The proposed alterations together with the external schedule will improve the streetscape presentation.  A condition is recommended to require a final schedule of external colours, materials and finishes for the approval of Council.

P2.  Site area and dimensions, particularly width, are of sufficient size to allow and maintain the existing themes of large rear garden areas and open spaces between buildings to continue.

S2.  Sites have a minimum frontage of 20m for development of more than 2 dwgs.

N/A. However, the combined with of 18 and 20 Chester Ave will achieve compliance.

P3.  Open spaces in front of buildings are not fenced off from street. Where fencing is proposed it is no more than 1m high.

-

Fencing is proposed.  This fencing will be satisfactory as the fencing of 18 Chester Ave and other properties along the street is similar.

 

Side Setbacks

 

Ground Level - Northern Side

The minor wall extension at the dwelling rear will have a nil setback to the northern side boundary.  This will be appropriate as the wall extension relates to the common wall side of the semi detached dwelling.  Whilst it will not extend the existing common wall in the same manner (i.e. by being on the common boundary), it will extend the existing nil setback at the rear of the dwelling and be similarly treated to the adjacent side wall of the dwelling at 18 Chester Ave. 

 

The front and rear decks will extend up to the northern side boundary.  The setbacks are appropriate in this case.  The front deck will maintain a subservient scale and not extend the existing front building line setback.  The northern side of the rear deck will not be visible from the street.  As discussed in the section ‘Visual & Acoustic Privacy’, it will not result in any adverse overlooking implications.  It will require the removal of one tree, which is satisfactory. 

 

Ground Level -  Southern Side:

The proposed rear dwelling extension (kitchen) will provide a 700mm setback, whereas the proposed BBQ structure will have a nil setback.  As discussed previously, a 700mm clearance to the side boundary is necessary.  In addition to addressing over land flow path issues, the kitchen and BBQ structure setbacks will enable the only external access from the front to the rear of the site (subject to the appropriate location of the proposed hot water system and external on-site garbage storage), be consistent with the existing minimum of the carport side wall and achieve better light access to the neighbouring property 22 Chester Ave.

 

Upper Level Side Setback

No changes are proposed to the existing minimum side setbacks.  The extension to Bedroom 1 will be setback 900mm from the common side boundary to the north.  This will be satisfactory as it will match that provided for the semi detached dwelling of 18 Chester Ave.  The rear bathroom extension will achieve compliance to the side boundaries.  The bedroom will achieve a compliant setback to the southern side boundary. 

 

The proposed vertical extension to the wall height over Bedrooms 3 and 4 will maintain the existing side wall setback to the south.  The extension will be minimal in height, of approximately 0.3m-0.4m, and therefore will not result in any significant implications, particularly in terms of excess bulk and scale.

 

Articulation

The wall length to the south at ground level will exceed the 10m length without a 3m step.  This is acceptable as part of the length will angle inwards, be single level in height and consist of different materials, external finishes, and colours.  As discussed in the table above, the length will not result in any adverse impacts on neighbouring properties, particularly in terms of solar access, privacy and views.

The upper level extension to the north will be appropriate, even though it does not provide a 3m step.  It just exceeds the 10m length requirement by approximately 200mm.  Together with the adjacent built form of 18 Chester Ave, it will provide a central 2m separation.  It will facilitate a better design outcome, streetscape presentation and visual interrelationship with the dwelling of 18 Chester Ave than the existing situation.

 

8.3 Council Policies

(a)         Asbestos Policy

Conditions are recommended to ensure the safe work procedures and requirements listed in the policy are adopted.

 

(b)         Rainwater Tank Policy

The Rainwater Tank Policy requires tanks for new dwelling houses, townhouse developments and multi-unit dwellings and all new commercial and industrial premises. It does not require a tank for alterations and additions to existing dwellings. Regardless, the submitted BASIX Certificate indicates that the proposal will achieve the water saving targets.

 

(c)         Section 94A Development Contributions Plan

This plan applies to all development lodged on or after 2 July 2007.  A condition is recommended to require the payment of the required levy.

 

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

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

Relevant instruments have been addressed in Section 8.1.

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

Not applicable.

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

Refer to the ‘DCP’ section of this report.

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

Not applicable.

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

A condition is recommended to ensure demolition works comply with AS 2601 and the BCA.

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

Environmental impacts of the proposed development on the natural and built environment have been addressed in the above assessment.  Generally, the proposal will not result in detrimental social or economic impacts and will upgrade the existing residential character of the site and streetscape presentation.

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

The site has sufficient area to accommodate the proposed land use and associated structures.  The matter of flooding has been reviewed by Council’s engineer.  It has been addressed in the above section ‘Technical Officers Comments’.

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

No submissions have been made.

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

The proposal promotes the objectives of the zone and is unlikely to result in any significant or unmanageable environmental, social or economic implications. Accordingly, the proposal is considered to be in the public interest, subject to conditions discussed in the above assessment.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

 

The residential use will generally upgrade the site and enhance the streetscape.  It will promote the principles of environmental sustainable development, comply with BASIX and be undertaken on land that will be suitable as required under SEPP No. 55 - Remediation of Contaminated Land.

 

Conclusion

 

The main issue identified in the above assessment relates to providing appropriate overland flow paths along the southern side of the site and therefore ample side setbacks.  Whilst the applicant has provided a 700mm setback for the rear extension and deck, this setback is also required for the proposed BBQ structure (including side cladding, as well as the proposed hot water tank and bin store).  A condition is recommended to ensure the structures are setback accordingly.  The applicant has advised that they will provide the 700mm setback and therefore raise no objections to the imposition of a condition to address this.

 

The provision of the setback for the BBQ structure will also better achieve the objectives and performance requirements relating to solar access, excavation and side boundary setbacks.  In particular light access to the neighbouring property 22 Chester Ave will be improved and the desired footprint / spacing between primary built forms will be established.  The setback of the BBQ structure and hot water and bin storage facilities will also provide the only possible form of unimpeded external access from the front to the rear of the site. 

 

Accordingly the proposal is satisfactory and recommended for approval, subject to conditions.

 

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. DA/341/2011 for alterations and additions to the existing semi detached dwelling, site fencing and landscaped setting (including the removal of 2 trees, changes to existing paving and demolition of the existing garage), at No. 20 Chester Ave, Maroubra, subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the following plans, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

-    Site, Ground and First Floor Plan: Drawing No. 1003/A.01 Rev C dated 12.07.2011 and prepared by JDC Design

-    Elevations and sections: Drawing No. 1003/A.02 Rev C dated 12.07.2011 and prepared by JDC Design.

-    BASIX Certificate Number 117552 issued on 11 July, 2011

 

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

 

3.       The finished ground levels external to the building are to be consistent with the development consent and are not to be raised (other than for the provision of approved paving or the like on the ground) without the written consent of Council.

 

4.       External lighting shall be provided on the front elevation, preferably at the front entry.  It shall be located and designed so as not to cause a nuisance to nearby residents.

 

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

 

Options may include one or more of the following measures:

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

6.       The Bedroom 1 window on the north side elevation shall have a raised sill height of 1.5m or more or fixed obscure glazing at least below that height.  Details shall be indicated on final Construction Certificate plans to the satisfaction of the accredited certifier.

 

7.       Details of the proposed southern side boundary fencing forward of the building line are to be submitted to and approved by Council’s Director of City Planning prior to a construction certificate being issued for the relevant building works.  The fencing shall meet any engineering requirements for overland flow paths.

 

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

 

9.       A minimum 700mm side setback to the southern side boundary shall be provided for the rear dwelling extension, including the rear deck, BBQ structure and side cladding.  The solar hot water system and bin store shall be relocated to ensure a clearance of at least 700mm from the side fencing to the facilities is provided.  Details are to be submitted to and approved by Council’s Director of City Planning prior to a construction certificate being issued for the relevant building works.

 

10.     There must be no encroachment of the structure/s onto any adjoining premises or onto Council’s road reserve, footway or public place, unless permission has been obtained from the owner/s of the adjoining land accordingly.

 

11.     The new gates must be fitted in such a manner so that they will not open over the footway or public place.

 

12.     Permission is granted for the selective pruning of the mature Eucalyptus robusta (located in the rear yard and adjacent to the northern side boundary), to improve its structure and avoid conflict with the approved works.  Prior to pruning, details of proposed pruning shall be submitted and approved by Council’s landscape officer.  All pruning must be undertaken by a qualified Arborist, with suitable qualifications in Arboriculture and to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

 

The following conditions are applied to ensure that adequate provisions are made for the management of waste from the development:

 

13.     A waste/recycling cupboard/bin, capable of holding a single days waste with separate storage areas for recyclable and non-recyclable wastes, shall be provided in the dwelling, preferably under the kitchen sink. 

 

A bin storage area for garbage, recycling and gardening waste bins shall be allocated on the site with convenient access to and from the kerb-side collection area and clear of any landscaped areas.  It must not obstruct a continuous access way from the front to the rear of the property, along the southern side boundary, of at least 700mm in width. 

 

 

Details are to be submitted to and approved by Council’s Director of City Planning prior to a construction certificate being issued for the relevant building works.

 

14.     A demolition and construction Waste Management Plan (WMP) must be development and implemented for the development, to the satisfaction of Council, prior to the commencement of works.

 

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.

 

The following condition/s are imposed to satisfy the requirements of the Sydney Water Corporation.

 

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

 

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

 

If 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 any works.

 

Section 94A Development Contributions applicable to all applications lodged from 2 July 2007:

 

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

 

16.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $192, 500, the following applicable monetary levy must be paid to Council: $1,925.

       

The levy must be paid in cash, bank cheque or by credit card prior to

a)   a construction certificate being issued

b)   a subdivision certificate being issued

for the proposed development. The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment.

 

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

 

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

 

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

 

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

 

The required commitments listed and identified in the BASIX Certificate are to be included on the approved plans, specifications and associated documentation for a Construction Certificate, 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.

 

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

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

·           Landscaping provisions

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

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

 

20.     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.

 

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

 

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

 

Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

22.     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).

 

23.     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 Au