Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 8 November 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                                                                                          8 November 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, 8 November 2011 at 6:00pm.

 

 

Committee Members:           The Mayor (S Nash), Andrews, Belleli, Bowen, Hughes (Deputy Chairperson), Matson, Matthews, Notley-Smith, Procopiadis, Seng, Smith (Chairperson), 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 - 11 October 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)

D143/11    165 Arden Street, Coogee (DEFERRED) (DA/139/2011)

D144/11    39 Waverley Street, Randwick (DA/432/2011)

D145/11    1420 Anzac Parade, Little Bay (DA/547/2011)

D146/11    2-4 Beatty Street, Maroubra (DA/5/2011)

D147/11    330 Anzac Parade, Kensington (DA/595/2011)

D148/11    35 Midway Drive, Maroubra (DA/806/2010)

D149/11    3 Bay Parade, Malabar (DA/231/2011)

D150/11    164-168 Marine Parade, Maroubra (DA/279/2011)

D151/11    14 Govett Street, Randwick (DA/251/2011)

D152/11    51 Knox Street, Clovelly (DA/834/2010/A)

D153/11    Shop 299/116-132 Maroubra Road, Maroubra (DA/433/2011)

D154/11    541A Malabar Road, Maroubra (DA/605/2011)

D155/11    27 Lexington Place, Maroubra (DA/648/2011)

D156/11    21 Frenchmans Road, Randwick (DA/408/2010/A)

D157/11    373 Avoca Street, Randwick (DA/654/2009/B)

D158/11    291 Malabar Road Maroubra (DA/179/2011)

D159/11    6 Helena Street Randwick (DA/612/2011)

Miscellaneous Reports (record of voting required)

M22/11     Randwick Education and Health Specialised Centre Discussion Paper - Feedback from Public Exhibition    

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                          8 November 2011

 

 

Development Application Report No. D143/11

 

 

Subject:                  165 Arden Street, Coogee (DA/139/2011)

Folder No:                   DA/1115/2010

Author:                   Perry Head, Environmental Planning Officer     

 

Introduction

 

At the Ordinary meeting held on 26 July 2011, Council considered an application for conversion of the existing subfloor area into an additional dwelling at 165 Arden St, Coogee. It was subsequently resolved (White/Bowen):

 

‘That the application be deferred to allow the applicant to address the issues with Council Officers’

 

The relevant issues that formed the basis of the original recommendation for refusal are reiterated below;

 

1.     No information has been provided in relation to the existing and proposed fire safety measures contained in the building to protect persons using the building and to facilitate their egress from the building in the event or fire, or to restrict the spread of fire from the building to other buildings nearby as may be required in accordance with Clause 94 of the Environmental Planning and Assessment Regulation 2000.

 

2.     No information has been provided in relation to Section B of the Building Code of Australia regarding the existing floor slab and walls supporting the building above and termite protection to the building.

 

3.     No information has been provided in relation to Section C of the Building Code of Australia regarding fire separation between the proposed sole occupancy unit and the existing building and lack of information as to the means of fire protection for the new south facing door and windows to the proposed sole occupancy unit.

 

4.     No information has been provided in relation to Section E of the Building Code of Australia regarding existing and proposed services and equipment.

 

5.     No information has been provided in relation to Section F of the Building Code of Australia regarding the installation of a suitable damp proof course to the underside of the new slab for the proposed sole occupancy unit and the ceiling height of the habitable rooms in the proposed unit do not meet the deemed to satisfy provisions of the Building Code of Australia.

 

The applicant, since the consideration of the original Development Application, has engaged Blackett Maguire & Goldsmith Consultants who have met with Council to discuss issues in relation to compliance with the Building Code of Australia.

 

Council’s Building and Compliance Officers have provided the following comments in response to the application.

 

a)     It has been confirmed that the building currently has hard wired some detectors within the existing parts of the building and that the new works will include further upgrading in relation to fire safety measures.

b)     It is requested that any approval include conditions to require confirmation from a structural engineer that the existing building is capable of withstanding additional loads imposed by the new works and that termite protection be provided to the building in accordance with the relevant standards.

c)     Confirmation has been provided that the owner intends to provide new ceilings and protection of opening measures to ensure that the relevant fire separation and protection of openings provisions of the Building Code of Australia are complied with.

d)     See comments in point a) above in relation to existing and proposed levels of fire safety.

e)     The owner will provide from the builder a statutory declaration confirming the installation of the damp proof course in accordance with the requirements of the Building Code of Australia. The owners have also confirmed that he existing ceiling will be removed and replaced to comply with the deemed to satisfy provisions of the Building Code of Australia.

 

Advice provided by Council’s Manager Health, Building & Regulatory Services that the response from the applicant’s consultant is satisfactory and specific conditions have been provided for inclusion with any Development Consent to address the issues of non compliance with the Building Code of Australia.

 

As a result of the clarification of the outstanding Building Code of Australia issues the additional floor area which will be provided to the building and was the subject of the SEPP 1 Objection to non compliance with the maximum floor space ratio control is now suitable for habitable purposes. As such it recommended that the SEPP 1 Objection be supported.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal is recommended for approval subject to conditions.

 

Recommendation

 

A.       That Council supports the objections under State Environmental Planning Policy No.1 – Development Standards in respect to non compliance with Clause 20F of Randwick Local Environmental Plan 1998, relating to floor space ratio on the grounds that the proposed development complies with the objectives of the above 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 grant development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No.139/2011 to convert the existing subfloor area of the building into an additional dwelling at 165 Arden Street 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:

 

 

The development must also be implemented substantially in accordance with the response from Jason Storer of Blackett Maguire & Goldsmith Pty Ltd in correspondence dated 25th July 2011. The works are to be incorporated into a Construction Certificate for the development and be implemented prior to the issue of an Occupation Certificate.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

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

 

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

 

Compliance with the Building Code of Australia

4.       In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).  Details of compliance with the BCA are to be included in the construction certificate application. In relation to openings situated less than 3m from a side boundary the openings are to be protected by fire shutters or an alternative solution that will maintain the existing level of light and ventilation to those openings.

 

5.       In accordance with the provisions of clause 94 of the Environmental Planning and Assessment Regulation 2000, the existing levels of fire and safety within the premises are to be upgraded to achieve an adequate level of safety and the following requirements are to be satisfied:-

 

a)     A report prepared by a suitably qualified and accredited Building Surveyor must be submitted to and approved by the Principal Certifying Authority, prior to the issuing of a construction certificate, in accordance with section 80A(2) of the Environmental Planning & Assessment Act 1979.

 

b)     The report must include an assessment of the existing building and compliance with the relevant provisions of the Building Code of Australia. The report must also include details of the measures and works considered appropriate to achieve an adequate level of fire and safety for the building and the occupants.

 

c)     The upgrading works contained in the report as approved by the Principal Certifying Authority are to be included in the construction certificate and be implemented prior to issuing an occupation certificate for the new building or part and written confirmation is to be provided to Council accordingly.

 

6.       The proposal shall comply with the provisions of the BCA, Volume 1, ‘Section F – ‘Damp and Weatherproofing, Room Heights, Light and Ventilation, Sound Transmission and Insulation’.  Details of works required to achieve compliance are to be provided in the relevant plans/specifications for the construction certificate to the satisfaction of the Principal Certifying Authority.

 

7.       A Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to withstand and support the proposed works and proposed use of the existing basement. 

 

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.

Energy & Water Efficiency

9.       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.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

 

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

 

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

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Construction Noise & Vibration Management Plan

12.     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

13.     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

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

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

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          provisions for temporary sanitary facilities;

·          location and size of waste containers/bulk bins;

·          details of proposed sediment and erosion control measures;

·          provisions for temporary stormwater drainage;

·          construction noise and vibration management;

·          construction traffic management details.

 

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

 

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

 

Demolition Work Plan

15.     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

16.     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.

 

17.     Design calculations prepared by a suitably qualified professional engineer, are to be submitted to and approved by the certifying authority for the stormwater drains and gutters prior to the commencement of works, detailing the adequacy of the stormwater disposal system and compliance with the provisions of the Building Code of Australia.

 

Public Utilities

18.     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.

 

19.     Public health, safety and convenience must be maintained at all times during demolition and building works and the following requirements must be complied with at all times (as applicable):

 

1)     Demolition work must be carried out in accordance with Australian Standard, AS2601 (2001) - The Demolition of Structures and a Demolition Work Plan is required to developed and implemented to the satisfaction of the Principal Certifying Authority prior to commencing any demolition works.

 

2)     The demolition, removal, storage and disposal of any materials containing asbestos must be carried out in accordance with the relevant requirements of WorkCover NSW, Council’s Asbestos Policy and the following requirements:

·         A licence must be obtained from WorkCover NSW for the removal of friable asbestos and or more than 10m2  of bonded asbestos (i.e. fibro)

 

·         Asbestos waste must be disposed of in accordance with the Protection of the Environment Operations Act 1997 & relevant Regulations

 

·         A sign must be provided to the site/building stating “Danger Asbestos Removal In Progress”

 

·         A Clearance Certificate or Statement must be obtained from a suitably qualified person (i.e. Occupational Hygienist) upon completion of the asbestos removal works, which is to be submitted to the Principal Certifying Authority and Council prior to issuing an Occupation Certificate.

 

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.

 

3)     A sign must be provided and maintained in a prominent position, 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”.

 

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

 

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

 

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

 

6)     Building materials, sand, soil, waste materials, construction equipment or other materials or articles 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.

7)     Bulk bins, waste containers or other articles 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 or other articles in a public place can be made to Council’s Building Services section.

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

 

9)     Public safety must be maintained at all times and public access to any demolition and building works, materials and equipment on the site is to be restricted. If necessary, a temporary safety fence or hoarding is to be provided to protect the public. 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.

 

If it is proposed to locate any site fencing, hoardings or items upon any part of the footpath, nature strip or any public place, a Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services department beforehand. Details and plans are to be submitted with the application, together with payment of the weekly charge in accordance with Council’s adopted Pricing Policy.

 

10)   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.

 

The requirements and practices contained in the Protection of the Environment Operations Act 1997 and relevant DECC Construction Noise and Vibration Guidelines are to be satisfied and a Construction Noise and Vibration Management Plan is to be developed and implemented throughout the works to the satisfaction of Council, prior to the commencement of works.

 

Excavations, Back-filling & Retaining Walls

20.     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.

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

 

 

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

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

 

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

 

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.

 

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

 

24.     Where applicable, a Fire Safety Certificate must be submitted to Council prior to the issuing of an Occupation Certificate, in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

 

The Fire Safety Certificate must include details of all of the fire safety measures contained in the building and as detailed in the fire safety schedule attached to the Construction Certificate.

 

Prior to issuing any Occupation Certificate the Principal Certifying Authority must be satisfied that all of the relevant fire safety measures have been included and are sufficiently detailed within the Fire Safety Certificate. A copy of the fire safety certificate must be displayed in the building near the entrance and a copy must be forwarded to the NSW Fire Brigades.

 

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

 

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                                                                                          8 November 2011

 

 

Development Application Report No. D144/11

 

 

Subject:                  39 Waverley Street, Randwick (DA/432/2011)

Folder No:                   DA/432/2011

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Modification of approved Strata subdivision and alterations and additions to an existing residential flat building under Development Consent 433/2007, including construction of a new loft level, reconfiguration of room layout, installation of balconies, provision of 2 tandem parking spaces, landscape works and amendment to approved Strata plan

Ward:                      North Ward

Applicant:                C M Hairis Architects

Owner:                         Josima Pty. Ltd.

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject proposal is referred to the Planning Committee as it contains variations to the landscaped area, FSR, building height and external wall height development standards by more than 10%.

 

The subject application seeks to amend Development Consent No. 433/2007 granted by Council for Strata subdivision and refurbishment of an existing residential flat building of 6 dwelling units. The proposed modifications include construction of a new loft level, reconfiguration of room layout, installation of balconies, provision of 2 tandem parking spaces, landscape works and amendment to the approved Strata plan.

 

The current proposal intends to serve as an amending development application to the 2007 consent, as it does not pass the threshold test of Section 96 of the Environmental Planning and Assessment Act, which requires the modifications to be substantially the same development for which the original consent was granted. Council has obtained legal advice which indicates that there is no apparent legal impediment to Council granting consent to the subject proposal. However, a condition should be imposed to require surrendering of the 2007 consent to avoid possible confusion in the implementation of the development.

 

The physical works embodied in the current application are identical to those approved in Development Consent 947/2010, which was recently granted by Council on 12 April 2011.

 

The application was notified from 16 to 30 June 2011 in accordance with DCP – Public Notification of Development Proposals and Council Plans. No submissions have been received.

 

The site is located within Zone No. 2C (Residential C Zone) under RLEP 1998 (Consolidation). The proposed development will upgrade an existing aged residential flat building and provide a new loft level. The proposal is considered to be consistent with the zoning objectives in that it will deliver multi-unit housing, which is consistent with the desired character for the locality.

 

The proposal has an FSR of 1.09:1 and exceeds the LEP development standard by 0.44:1. The overall building height and external wall height amount to 15m and 14.7m respectively. The proposal will exceed the LEP development standards for building and external wall heights by 3m and 4.7m respectively.

 

The above departure from the LEP numerical standards is primarily attributed to the fact that the existing building is 4-storey in height. The existing FSR is 0.90:1 and the proposal will increase it by 0.19:1. The existing building and external wall heights are approximately 13m and 11.5m respectively. The proposal will increase the existing building and wall heights by approximately 2m and 3.2m respectively.

 

The proposed development will provide a new loft level containing bedrooms and amenities. There is no increase to the number of dwellings. The provision of a new level will offer additional living space for the existing top floor units and is necessary to formulate an economically viable development scheme. As will be discussed within the body of this report, the extra height proposed will not cause any unreasonable overshadowing or privacy impacts.

 

The existing residential flat building was constructed in the 1960’s and has minimal aesthetic merits with no private open space for the individual units. The design scheme will significantly improve the façade articulation through various architectural elements that divide the wall planes and building mass, while providing for adequate outdoor living space for the dwellings. The top floor loft addition is appropriately setback from the external wall alignments below and incorporates a low profile skillion roof. The loft level will appear as light weight structures above a more solid masonry mass of the existing building, and will not dominate the streetscape.

 

Despite the fact that there are single and double storey dwellings and 3-storey walk-up flats in the locality, the objectives for Zone 2C allow for higher density developments. Given the corner location of the site and the careful configuration of the new structures, the bulk and scale of the development are considered to be satisfactory.

 

The proposal only reserves 44.7% of the site as landscaped area and does not meet the LEP development standard of 50%. At present, the existing development contains various unbuilt upon areas in the northern and eastern sections of the site. However, these areas only accommodate low quality landscaping and do not effectively function as communal open space for the residents, nor do they offer any positive visual amenity to the neighbouring dwellings. The design scheme will provide consolidated landscaped open space at the rear of the building with deep soil screen planting. The proposal will deliver a functional communal garden for passive recreation and offer privacy for the adjoining dwellings.

 

The DCP – Multi-Unit Housing specifies detailed built form, setbacks and amenity controls for residential flat buildings across Randwick City. The building height, setbacks, open space provision, façade treatment, privacy protection measures and solar access of the development comply with the objectives and performance requirements of the DCP and are considered to be satisfactory.

 

The development involves a minor shortfall in parking provision by one car space when assessed against the DCP – Parking. The proposal will provide two additional parking spaces in a tandem arrangement. Given the constraints of the existing building structures, the proposal is considered to have provided adequate on-site parking to support the intensified use.

 

The SEPP (Affordable Rental Housing) applies to the proposal as the development will reduce affordable rental dwellings in the area. Despite the fact that the subject DA is intended to amend a previous consent, Council’s legal advice indicates that affordable housing contributions would apply and appropriate condition should be imposed to this effect. Accordingly, a lump sum monetary contribution of $298,950 will be required via a condition of consent pursuant to Clause 51 of the SEPP.

 

The proposal will rehabilitate and reuse an existing residential building and contribute to the sustainable utilisation of resources. The development will significantly improve the liveability and environmental performance of the existing dwelling units and upgrade the streetscape, and is consistent with Council’s development policy.

 

The proposed development meets the objectives and performance requirements of relevant State and Local planning controls. Therefore, the proposal is recommended for approval, subject to conditions.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 1 in DP 208618, No. 39 Waverley Street, Randwick. The site is located at the north-eastern corner of the Waverley Street and Sydney Street intersection. The dimensions and land area of the site are summarised in the table below:


 

Boundary

Length

Land area

Northern, side boundary

30.52m

414m2

Southern, Sydney Street boundary

30.53m

Eastern, side boundary

13.565m

Western, Waverley Street boundary

13.565m

 

At present, the site accommodates a 4-storey residential flat building with car parking at ground level and dwelling units above. Vehicular access is obtained from both Waverley and Sydney Streets.

 

The site is adjoined to the north by a single-storey detached dwelling (No. 37 Waverley Street). To the east of the site is a pair of semi-detached dwellings (Nos. 6 and 8 Sydney Street). To the south on the opposite side of Sydney Street are the garages and outbuildings of dwellings with frontage to Cowper Street. To the west on the opposite side of Waverley Street is a 3-storey residential flat building (No. 101-103 Wentworth Street). The locality is characterised by a mixture of detached, semi-detached and multi-unit residential developments.

 

1. Existing building on the subject site as viewed at the junction between Sydney and Waverley Streets looking north-east

2. Adjoining dwelling house at No. 37 Waverley Street

3. Adjoining semi-detached dwelling at No. 8 Sydney Street

4. Outbuildings of dwellings at 73 Sydney Street to the south of the site

 

Aerial view of the subject site and surrounding built environment

 

3.      The Proposal

 

The subject application is to modify development consent number DA/433/2007 for Strata subdivision of an existing building into 6 allotments, internal upgrade, exterior refurbishment, replacement of existing windows, provision of 3 additional car parking spaces, new drying area, fencing and landscaping at 39 Waverley Street, Randwick, which was granted by Council on 5 September 2007.

 

The current proposal modifies the above approved development scheme in the following manner:

 

·           Construction of a loft level (fifth storey) above the existing residential flat building.

·           Internal alterations to the floor layout to create 4 x 2-bedroom units and 2 x 3-bedroom units.

·           Installation of balconies and reconfiguration of the façade articulation.

·           Reconfiguration of the two approved car spaces to the east of the building in a tandem arrangement. The total number of off-street parking will be 8 spaces. 

·           General landscape works.

·           Modification of the approved Strata plan to reflect the design changes.

 

The physical changes to the existing building will be identical to those approved under a more recent development consent number DA/947/2010, which was granted by Council on 12 April 2011. The above consent is for alterations and additions to the existing residential flat building, including construction of a new loft level, reconfiguration of room layout, installation of balconies, provision of 2 tandem parking spaces and associated landscape works.

 

Appropriateness of subject application as a means to amend development consent DA/433/2007:

The subject proposal is intended to be an amending development application that modifies Development Consent number DA/433/2007. Given the scope of the design changes, the modification cannot be considered under a Section 96 application as it will not constitute substantially the same development for which the 2007 consent was granted. The applicant has cited a NSW Land and Environment Court case, Waverley Council v C M Hairis Architects [2002] NSWLEC 180 in support of the current proposal.

 

Since the resultant development envisaged under the current amending DA is substantially different from the approved Strata subdivision and physical alterations under the 2007 consent, Council officers have obtained legal advice relating to this matter.

 

The advice indicates that there is no apparent legal impediment to issuing consent for the subject application. Notwithstanding, it is considered that the current proposal could stand on its own and does not essentially rely on the contents and conditions of the 2007 consent. Therefore, in order to avoid confusion in the interpretation of the conditions of two separate (albeit related) consents, a special condition is recommended to require the surrendering of the 2007 approval.

 

4.      Design Ideas for Rejuvenating Residential Flat Buildings

 

The Design Ideas for Rejuvenating Residential Flat Buildings guideline, dated November 2006, showcases a number of refurbishment concepts using real flat buildings in the Randwick Local Government Area. It aims to encourage refurbishment proposals that improve:

 

·      The liveability of the units to meet current lifestyle needs;

·      The environmental performance and sustainability of the building; and

·      The appearance of buildings within the streetscape.

 

The proposed development has been designed with regard to the principles in this guideline. The proposal is consistent with the design ideas in the following manner:

 

·      Retention of the existing flat building rather than completion demolition.

·      Appropriate integration of the old and new built elements.

·      Improvements of environmental performance.

·      Creation of useable private open space.

·      Improvements of the relationship between indoor and outdoor living.

·      Provision of upgraded fire safety measures to comply with the Building Code of Australia.

 

The proposal will rehabilitate and reuse an existing residential building and will contribute to the sustainable utilisation of resources, which is consistent with Council’s development policy.

 

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

 

5.1    Proposed variations to the development standards

The proposal seeks to vary development standards contained within RLEP 1998 (Consolidation). SEPP 1 Objections have been submitted to Council.

 

5.1.1 Landscaped areas

Clause 20E(2) stipulates that a minimum of 50% of the site (being 207m2) is to be reserved as landscaped areas.

 

The approved landscaped area provision under development consent DA/433/2007 amounts to 40.8% (169.2m2).

 

The proposed landscaped areas amount to 185m2, which equates to 44.7% of the site. The proposal entails a shortfall of 22m2 or 5.3% of site area. This represents a variation to the development standard of 10.6%.

 

5.1.2 Floor space ratios

Pursuant to Clause 20F(2), the maximum floor space ratio (FSR) for buildings, other than buildings erected for the purpose of a dwelling house, within 2C Zone is 0.65:1 or 269.1m2 gross floor area (GFA). The proposal has an FSR of 1.09:1 and exceeds the development standard by 0.44:1. This represents a variation to the development standard of 67.7%.

 

The proposed variation is summarised in the table below:

 

 

Floor space ratio (FSR)

Gross floor area (GFA)

Existing building

0.90:1

371.2m2

Proposed development

1.09:1

452.6m2

Permissible FSR / GFA

0.65:1

269.1m2

FSR / GFA in excess of LEP standard

0.44:1

183.5m2

*Note: The approved development under DA/433/2007 does not significantly add to the floor space of the existing building, with the exception for a new bin storage area at the ground level.

 

5.1.3 Building heights

Clause 20G(2) specifies a maximum building height of 12m in Residential 2C Zone. The proposed overall height amounts to a maximum of 15m, and exceeds the LEP standard by 3m. This represents a variation to the development standard of 25%.

 

Clause 20G(4) specifies a maximum external wall height of 10m in Residential 2C Zone. The proposed external wall height amounts to a maximum of 14.7m. This exceeds the LEP standard by 4.7m and represents a variation to the development standard of 47%.

 

5.2    Assessment against planning principle

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

 

Matter 1

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

 

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

 

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

 

The stated purpose of the floor space ratio standard as outlined in the LEP is:

 

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

 

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

 

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

 

The applicant has submitted written SEPP 1 Objections, which outline the following key justifications for the variation to the development standards:

 

Landscaped areas:

 

 

It is considered that the proposed landscaped area provision is satisfactory and strict compliance with the development standard is unreasonable and unnecessary for the following reasons:

 

·      The proposal includes two new tandem parking spaces to the east of the building accessible from Sydney Street (DA/433/2007/A approves 2 car spaces in a side by side arrangement to the east of the building), and represents an increase in the development footprint as compared to the status quo.

 

The existing development contains various unbuilt upon areas along the northern and eastern property boundaries. However, these areas only accommodate low quality landscaping and do not effectively function as communal open space for the residents, nor do they offer any positive visual amenity to the neighbouring dwellings (refer to photographs below).

 

5. Existing lawn areas near the Waverley Street frontage of the site

6. Existing lawn and side walk areas along the northern boundary of the site

 

·      The current design scheme will provide a consolidated landscaped open space at the rear of the building adjacent to the eastern boundary. The above communal space will accommodate a variety of deep soil planting, including a feature Scribbly Gum (mature height 10m) adjacent to the Sydney Street alignment and a hedge of Narrow Lilly Pilly (mature height 4m). The proposal will deliver a functional communal garden for passive recreation and offer privacy for the adjoining dwelling at No. 8 Sydney Street.

 

·      A mass planting area will also be provided at the corner of Waverley and Sydney Streets to screen the existing undercroft parking spaces in the western section of the building. This area will accommodate 2 x Water Gum trees (mature height 5m) and various low shrubs. The proposal is considered to significantly improve the streetscape presentation of the development.

 

·      A formal paved pathway flanked by shrubs will be constructed adjacent to the northern boundary providing direct linkage between Waverley Street and the waste storage facility. The northern setback is presently occupied by poorly constructed concrete paths and weeds. The proposal will materially improve internal pedestrian access within the site and provide adequate landscape screening for the adjoining dwelling at No. 37 Waverley Street.

 

·      The landscape improvements will enhance a sense of ownership and territorial reinforcement of the immediate surroundings, and contribute to crime prevention and safety.

 

In conclusion, the proposal will convert the currently under-utilised space within the site into functional communal recreational areas, and will significantly improve the visual amenity of the development as viewed from the neighbouring properties and the public domain.

 


FSR:

 

 

Building heights:

 

It is considered that the proposed FSR and building heights are satisfactory and strict compliance with the development standards is unreasonable and unnecessary for the following reasons:

 

·      The subject locality is characterised by a mixture of detached, semi-detached and multi-unit residential developments. The existing block of flats at the north-western corner of the intersection between Waverley and Sydney Streets (No. 101-103 Wentworth Street) has a height of 3 storeys. The existing building on the subject site is four-storey in height, being 3 residential floors above an undercroft car park. The existing structures already form the tallest element in the immediate surroundings. The proposal will create a new fifth level which is generally setback from the external wall alignments below. The development will further increase the building height.

 

However, the top floor loft addition adopts a contemporary design and is well articulated with metal claddings. The addition is generally setback 600mm from the southern wall alignment below. Furthermore, the southern corners of the addition are setback 2640mm from the southern wall alignment. The design scheme also incorporates a low profile skillion roof, which will minimise visual bulk and scale. The loft level will appear as light weight structures above a more solid masonry mass of the existing flat building, and will not dominate the prevailing residential character of the locality, despite the numerical increase in building height.

 

Photomontage of proposed development as viewed from Sydney Street

 

·      The existing residential flat building was constructed in the 1960’s and has minimal aesthetic merits with no private open space for the individual units.

 

The design scheme will provide steel-framed balconies on the eastern and western elevations that are appropriately setback from the shared boundaries with the adjoining dwellings. The balconies will visually soften the blank facades and provide private outdoor living space for the apartments. The existing deteriorated window frames will be fully replaced. On the Sydney Street elevation, awnings will be installed above the existing windows and feature blade walls will be constructed to define the main pedestrian entry and stairwell.

 

The proposal will significantly improve the façade articulation through various architectural elements that divide the wall planes and building mass, while providing for adequate outdoor living space for the dwellings.

 

·      Despite the fact that there are single- and double-storey dwellings and 3-storey walk-up flat buildings in the locality, the objectives for Zone 2C allow for higher density developments (as compared to Zones 2A and 2B). Given the corner location of the site and the careful configuration and articulation of the new structures, the bulk and scale of the development are considered to be satisfactory.

 

·      The proposed development will significantly improve the streetscape presentation of the existing, aged residential flat building and contribute to enhancing the urban environment. The proposal will allow orderly and economic use of the land for urban consolidation. The proposed housing density and resultant height are justified by the site’s proximity to Randwick Junction Town Centre, tertiary educational institutes, schools, regional parklands and public transport services along Cowper and Avoca Streets.

 

·      As will be discussed in the following sections, the proposal does not result in any unreasonable adverse impacts on the adjoining residential properties in terms of overshadowing or privacy, subject to the recommended conditions.

 

In conclusion, the submitted SEPP 1 Objections have addressed the consistency of the proposed development with the underlying and stated purposes of the standards, the local planning objectives for the locality and objectives of the Act. The objections have appropriately justified that the strict compliance with the development standards is unreasonable and unnecessary in the circumstances of the case. As such, it is considered that the objections are well founded.

 

Matter 2

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

 

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

 

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

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

 

Comments:

The variations from the landscaped areas, FSR and 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 development works would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

 

Matter 3

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

 

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

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

 

Comments:

The proposed development and variations from the development standards do not raise any matters of significance for State or Regional environmental planning. The strict adherence to the numerical development standards will not allow the best economic use of the site and provision of appropriate upgrade to an existing multi-unit development in an established residential precinct.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

The underlying objective or purpose of the landscaped areas, FSR and building heights development standards is relevant to the subject proposal. As discussed above, the proposal is considered to satisfy the underlying purposes of the standards.  

Third

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

 

Comments:

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

 

The design scheme has incorporated appropriate façade articulations, exterior finishes and landscaping, and will significantly improve the streetscape character. The proposal will rejuvenate an existing, aged residential building and deliver material benefits for the dwelling units in terms of living amenity and environmental performance. The building structures and associated works are considered to satisfy the purposes of the development standards in question.

 

Fourth

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

 

Comments:

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

 

Fifth

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

 

Comments:

The current RLEP 1998 (Consolidation) has maintained the Residential 2C zoning for the site. The existing Residential C zoning is not considered to be inappropriate for the locality.

 

6.      Site History

 

Previous development applications relating to the site

DA/433/2007

Strata subdivision of an existing residential flat building into 6 allotments, internal upgrade, exterior refurbishment, replacement of existing windows, provision of 3 additional parking spaces (giving a total of 9 spaces), new drying area, fencing and landscaping.

 

Approved by Council on 5 September 2007.

 

Condition 8 of the consent requires a one-off monetary contribution of $37,473.51 for the purpose of mitigating the loss of low-cost rental accommodation.

 

DA/433/2007/A

Section 96(2) modification to amend the car park by deleting 1 car space and reconfiguring the landscaped open space to the east of the building.

 

Approved by Council on 21 December 2007.

 

DA/947/2010

Alterations and additions to an existing residential flat building, including construction of a new loft level, reconfiguration of room layout, installation of balconies, provision of 2 tandem parking spaces and associated landscape works.

 

Approved by Council on 12 April 2011.

 

Condition 21 of the consent stipulates a monetary contribution pursuant to Clause 51 of the SEPP (Affordable Rental Housing) of $298,200 for the purpose of mitigating the loss of low cost rental accommodation.

 

7.      Community Consultation

 

The subject application was notified from 16 to 30 June 2011 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. No submissions were received at the conclusion of the public consultation process. 

 

8.      Technical Officers Comments

 

8.1    Development Engineer and Landscape Development Officer

The comments provided by Council’s Development Engineering Section are extracted below:

 

General Comments

It is understood the applicant is seeking to modify the development approved under DA/433/2007. The applicant has indicated that there is case law supporting this modification under a new DA rather than submitting a S96 application.

 

It is advised the assessing officer confirm the legality of this application prior to proceeding with any determination.

 

The assessing officer is also advised that the original consent has already been modified by the S96 application DA/433/2007/A. which was to delete one carspace and provide a single vehicular crossing for access. The plans submitted with this application are consistent with this modification.

 

The modifications proposed under this DA are virtually identical to another recently approved DA/947/2010 which did not include strata subdivision. It would therefore seem that the most efficient process would be to lodge a DA for strata subdivision for the development approved under DA/947/2010.  Apparently there are S94 fee issues for the applicant associated with this path.

 

If the application is to be approved then the appropriate response from Development Engineering would be to generally retain the original conditions from DA/433/2007 and then vary them according to the consent conditions approved under DA/947/2010.

 

Parking Comments

Consistent with DA/947/2010 Development Engineering considers that deficiency of parking by 1 space is satisfactory considering the parking shortfall for the development has been reduced from what was originally 3 spaces.

 

Landscape Comments

There are no existing trees, (covered by Council's Tree Preservation Order), that will be affected by this proposal.

 

Section 73 Comments

It appears that a S73 compliance certificate was not requested with original consent although Sydney Water guidelines state that one should be requested for any strata subdivision  unless covered by a recent DA for construction which is not the case in this instance. It is recommended that a request for a S73 compliance certificate be requested as part of any consent for this application. An appropriate condition has been included in this report.

 

8.2    Building Surveyor

 

The comments provided by Council’s Building Surveyor are extracted below:

 

BCA Building Classification

Class 2 - Residential units

Class 7b – Car park

 

Description of the Building

In summary, the building incorporates:

·      A ‘rise in storeys’ of 5

·      Masonry walls, tiled roof and concrete floors

·      One exit stairway, of concrete construction

·      A total of 6 sole occupancy units, External balconies

·      Side boundary building setbacks of up to 2660mm

 

Key Issues

Building Code of Australia (BCA):

Full details of compliance with BCA and fire safety provisions are not included in the DA documentation and therefore further detailed information is required to be incorporated in the documentation for a construction certificate.

 

Site Management:

Standard conditions are proposed to be included in the consent to address construction site management issues, such as the location of stock piled material or the storage and disposal of excavated materials, sediment and erosion control, public safety and perimeter safety fencing.

 

9.      Master Planning Requirements

 

The subject site has a land area of only 414m2 and a master plan is not required.

 

10.    Relevant Environmental Planning Instruments

 

10.1  Randwick Local Environmental Plan (RLEP) 1998 (Consolidation)

The subject site is located within Zone No. 2C (Residential C Zone) under RLEP 1998 (Consolidation). The proposal is consistent with the aims of the LEP and the specific zoning objectives in that the development will deliver multi-unit housing, which is compatible with the desired character of the locality.

 

The following clauses of the LEP are relevant to the proposed development:

 

 


 

Clause

Requirement

Proposal

Compliance

20E Landscaped area

(2) Minimum 50% of site area

44.7% (185.0m2)

No, SEPP 1 Objection submitted

(3) Landscaped areas over podium or basement not to exceed 50% of required provision

All landscaped areas are provided on deep soil

Yes

20F Floor space ratio

(2) Maximum 0.65:1 for 2C zoned sites with less than 700m2 land area

1.09:1 (452.6m2)

No, SEPP 1 Objection submitted

20G Building heights

(2) Maximum building height 12m

15m

No, SEPP 1 Objection submitted

(4) Maximum external wall height 10m

14.7m

No, SEPP 1 Objection submitted

 

Clause 43 Heritage conservation

The Gordon Square Conservation Area is located to the north and east of the site.

 

The proposal aims to refurbish an existing, aged block of flats with additional living space. The design scheme will significantly improve the façade articulation and create visual interest. The new loft addition has incorporated appropriate setbacks and a low profile skillion roof, and will not form a prominent feature that detracts from the streetscape character.  In addition, adequate landscape planting will be provided at the corner of Waverley and Sydney Streets, which will screen the undercroft parking areas and enhance visual amenity to the public domain.

 

The exterior colour palette consists primarily of neutral white colour for the facades and highlighted with purple-blue for the feature walls, which is generally compatible with the surrounding residential buildings.

 

The proposal will significantly improve the streetscape character and is not considered to generate detrimental impacts on the heritage significance of the Gordon Square Conservation Area.

 

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

SEPP No. 65 applies to the subject proposal. There is an existing approval DA/947/2010 for alterations and additions to the residential flat building on the site (without Strata subdivision), where the physical works are essentially identical to those of the current application. DA/947/2010 has been referred to the Design Review Panel (DRP) for comments. The Panel’s recommendations are relevant to the current proposal.

 

The Design Quality Principles prescribed in the SEPP and the comments provided by the Panel at the time are addressed as follows:

 

Principle 1 Context

The subject site is zoned Residential 2C, which allows for a range of medium density residential developments. The proposal is considered to be suitable to the surrounding built environment. No objections were raised by the DRP in this regard.

 

 

Principle 2 Scale

The design scheme has followed the DRP’s recommendation of having a new, modern loft level, in lieu of an attic addition. The proposed loft level has incorporated suitable setbacks and the overall height and scale of the development are considered to be satisfactory.

 

Principle 3 Built form

The DRP has raised concerns relating to potential privacy impacts of the balcony returns on the northern elevation. Detailed discussions relating to potential privacy impacts of the balconies are provided under the “DCP” section of this report.

 

The DRP has requested the deletion of the steel frame on the southern elevation. The design has since been amended accordingly. The revised design has included awnings above the south-facing windows to provide façade articulation and a degree of weather protection.

 

Principle 4 Density

The proposed density and floor space are considered to be satisfactory.

 

Principle 5 Resource, energy and water efficiency

All of the dwelling units will enjoy adequate cross-ventilation.

 

All bathroom areas will be naturally ventilated.

 

The proposal will achieve compliance with the requirements of SEPP: BASIX.

 

Principle 6 Landscape

A detailed landscape plan has been submitted to describe the range of landscape upgrade works proposed.

 

Adequate feature trees and low shrubs are proposed at the corner of Waverley and Sydney Streets as well as the eastern extremity of the site. The proposed landscaping will screen the undercroft parking areas and improve the streetscape presentation of the development.

 

Principle 7 Amenity

Satisfactory.

 

Principle 8 Safety and security

The refurbishment and upgrade to the building will improve a sense of territorial ownership and contribute to the safety and security of the surrounding areas.

 

The proposal has included security gates and planter beds that clearly identify the boundaries of the property, and will improve access control to the site.

 

Principle 9 Social dimensions

The development scheme includes 4 x 2-bedroom dwellings and 2 x 3-bedroom dwellings. The proposed dwelling mix is suitable to different household types and is considered to be satisfactory.

 

Principle 10 Aesthetics

Satisfactory.

 

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

SEPP: BASIX applies to the proposed development. The development application is accompanied with a BASIX Certificate for each of the dwelling units. The commitments listed on the BASIX Certificates will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

10.4  State Environmental Planning Policy (SEPP) (Affordable Rental Housing) 2009

Pursuant to Clause 50(1) of the SEPP, Part 3 (Retention of existing affordable rental housing) applies to alterations and additions to low-rental residential building, and Strata subdivision of low-rental residential flat building.

 

The subject proposal is intended to be an amending development application that modifies Development Consent number DA/433/2007, which includes approval for Strata subdivision of the existing building.

 

The submitted Statement of Environmental Effects (SEE) includes the following information:

 

 

The applicant has also cited a NSW Land and Environment Court case, Waverley Council v C M Hairis Architects [2002] NSWLEC 180 in support of the subject proposal. The proposal basically argues that the SEPP does not apply to the current application.

 

Condition 8 of the Development Consent 433/2007 requires a lump-sum monetary contribution to mitigate the loss of affordable rental accommodation. It is noted that the applicant has not made the payment pursuant to the above condition. Additionally, no Strata subdivision certificate has been issued or registered with the Land Titles Office.

 

Council’s legal advice indicates that Part 3 of the SEPP would apply to the subject amending DA and a condition requiring monetary contributions under the current provisions of the SEPP could be imposed.

 

(i) Low-rental residential building

The existing residential flat building is currently under one title. The building presently contains 6 x 2-bedroom rental units.

 

Clause 47 defines a low-rental dwelling as “a dwelling that (at any time in the 24 month period prior to the lodgement of a development application to which this Part applies) was let at a rental not exceeding the median rental level for that time (as specified in the Rent and Sales Report) in relation to a dwelling of the same type, having the same number of bedrooms and located in the same local government area”.

 

The subject application does not provide any rental data. The previous DA/947/2010 contains detailed rental data and these have been used for assessment.

 

A comparison of the weekly rental charged for the existing dwelling units and the median rental for 2-bedroom flats within the Randwick LGA is provided below:

 

 

Median rental for 2-bedroom units in Randwick LGA (Rent and Sales Report)

Rental charged

June Quarter 2009

$450

Unit 1: $360

Unit 2: $340

Unit 3: N/A

Unit 4: $360

Unit 5: N/A

Unit 6: $350

September Quarter 2009

$450

Unit 1: $360

Unit 2: $340

Unit 3: N/A

Unit 4: $360

Unit 5: N/A

Unit 6: $350

December Quarter 2009

$470

Unit 1: $360

Unit 2: $340

Unit 3: N/A

Unit 4: $360

Unit 5: N/A

Unit 6: $350

March Quarter 2010

$480

Unit 1: $360

Unit 2: $340

Unit 3: $400

Unit 4: $360

Unit 5: N/A

Unit 6: $350

June Quarter 2010

$490

Unit 1: $360

Unit 2: $340

Unit 3: $400

Unit 4: $360

Unit 5: $420

Unit 6: $350

September Quarter 2010

$493

Unit 1: $360 / $400

Unit 2: $390

Unit 3: $400

Unit 4: $360

Unit 5: $420

Unit 6: $350 / $425

December Quarter 2010

$500

Unit 1: $400

Unit 2: $390

Unit 3: $400

Unit 4: $360

Unit 5: $420

Unit 6: $425

March Quarter 2011

$520

Unit 1: $400 / $430

Unit 2: $390 / $430

Unit 3: $400 / $420

Unit 4: $360 / $420

Unit 5: $420 / $450

Unit 6: $425 / $445

June Quarter 2011

$520

Unit 1: $430

Unit 2: $430

Unit 3: $420

Unit 4: $420

Unit 5: $450

Unit 6: $445

Note: The above information is based on a Statutory Declaration given by the current property owner. The current owner took over ownership in June 2010.

 

Based on the above, it is established that all of the 6 x 2-bedroom units are low-rental dwellings as defined in the SEPP. The existing development is therefore a low-rental residential building. The proposed development will result in the loss of these low-rental dwellings.  

 

(ii) Matters for consideration

In determining a development application for alterations and additions (as well as Strata subdivision where applicable) of a low-rental residential building, Council is to take into account the guidelines stated under Clause 50(2), which are addressed as follows:

 

(a)    Whether there is likely to be a reduction in affordable housing on the land to which the application relates.

 

Comments:

The lower rentals of the existing dwelling units are a result of the age and relative poor condition of the building, and should not be construed as a true reflection of the real market rental values that would normally be expected for the Randwick areas.

 

The loss of 6 dwellings is not considered to result in a major reduction in the availability of low cost accommodation in the Randwick locality as a whole.

 

(b)    Whether there is available sufficient comparable accommodation to satisfy the demand for such accommodation.

 

Comments:

Based on the data given in the Rental and Sales Reports (Department of Housing), it is observed that the rental prices in the Randwick LGA have steadily increased over the past 2 years.

 

The above phenomenon can be partly attributed to a perceivable overall increase in demand for housing in the Sydney metropolitan area. Whilst the proposal will entail the loss of low cost rental accommodation, the degree of the impact is considered to be minor given the relatively small number of dwelling units involved. As will be discussed in the following paragraphs, the provision of a monetary contribution will assist in the delivery of alternate affordable housing by the State Government.  

 

(c)    Whether the development is likely to cause adverse social and economic effects on the general community.

 

Comments:

The loss of 6 low-cost rental dwellings is not considered to result in an overwhelming social or economic impact on the Randwick locality.

 

(d)    Whether adequate arrangements have been made to assist the residents (if any) of the building likely to be displaced to find alternative comparable accommodation.

 

Comments:

No assistance to the existing residents is proposed. However, the imposition of a condition requiring monetary contribution (under Clause 51 of the SEPP) would assist the NSW Department of Housing in providing alternate low cost rental accommodation to the community in future.

 

(e)    The extent to which the development contributes to any cumulative loss of affordable housing in the local government area.

 

Comments:

It is considered that the loss of 6 dwellings as low cost rental accommodation (as defined in the SEPP) will not create a significant cumulative impact upon the Randwick Local Government Area as a whole.

 

(f)    The structural soundness of the building, the extent to which the building complies with any relevant fire safety requirements and the estimated cost of carrying out work necessary to ensure the structural soundness of the building and the compliance of the building with the fire safety requirements.

 

Comments:

The existing building has deteriorated with age and requires significant fire safety upgrade and refurbishment to meet the current BCA standards. Given the significant cost of essential works required to provide a satisfactory level of safety and amenity for residents, it would not be economically feasible to retain the current low rental returns on the dwelling units.

 

(g)    Whether the imposition of a condition requiring the payment of a monetary contribution for the purposes of affordable housing would adequately mitigate the reduction of affordable housing resulting from the development.

 

Comments:

The imposition of a condition requiring monetary contribution (under Clause 51 of the SEPP) would assist the NSW Department of Housing in providing alternate low cost rental accommodation to the community.

 

(h)    In the case of a boarding house, the financial viability of the continued use of the boarding house.

 

Comments:

Not applicable.

 

(iii) Monetary contribution calculations

Pursuant to Clause 51 of the SEPP, the following monetary contribution is payable to Council:

C = L x R x 0.05

Where:

C =   contribution payable

L =   total number of bedrooms in a low rental dwelling and boarding rooms that will be lost by the proposed development

R =   replacement cost calculated as the average value of the first quartile of sales of strata properties in the local government area in which the development is to take place, as specified in the 4 most recent editions of the Rent and Sales Report

Calculations:      Number of bedrooms lost L

6 units x 2 bedrooms each = 12

 

Replacement cost R

Sales price (1st quartile): Strata – Mar Quarter 2011 - Randwick

$500,000

Sales price (1st quartile): Strata – Dec Quarter 2010 - Randwick

$495,000

Sales price (1st quartile): Strata – Sep Quarter 2010 - Randwick

$500,000

Sales price (1st quartile): Strata – Jun Quarter 2010 - Randwick

$498,000

Replacement cost R

$498,250

 


Contribution payable C

12 X 498250 X 0.05 = $298,950

 

The above contribution will be required by a special condition of consent.

 

11.    Policy Controls

 

11.1  Randwick Development Control Plan (RDCP) Multi Unit Housing

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

Adequate site analysis information has been submitted with the application.

 

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 20m.

The subject site is rectangular in configuration and is located at the corner of Sydney and Waverley Streets. The allotment has frontage widths of 13.565m to Waverley Street and 30.53m to Sydney Street. Satisfactory.

 

P3 Development on corner sites responds to both street frontages.

 

 

The building is suitably articulated and addresses both street frontages.

Height

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

 

A SEPP 1 Objection has been submitted for non-compliance with the building and external wall heights standards stated in the LEP. The Objection has been assessed and is considered to be well founded. Refer to the “SEPP 1” section of this report for details.

 

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 building bulk is suitably distributed over an architectural form that incorporates appropriate articulation and façade treatment. The proposal is considered to have minimised streetscape and amenity impacts.

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

Waverley Street

Balconies: 2135mm

Walls: 4635mm (as existing)

Loft: 5175mm

 

The front setbacks to the proposed balconies are consistent with the wall alignment of the adjoining dwelling at No. 37 Waverley Street. The loft level is setback 500mm behind the existing wall alignment and will not detract from the existing setback pattern. 

 

Sydney Street

Walls:

2855mm (as existing)

Blade walls to stairwell:

Approx. 1600mm

Loft:

3455mm to 5495mm

 

There are no changes to the setback distances to the external walls on the Sydney Street elevation. The proposed blade walls to the stairwell will provide articulation to the façade and will not result in detrimental streetscape impacts. The southern walls of the loft are appropriately setback from the external wall alignment below and will not detract from the streetscape pattern.

 

P2  Side boundary setbacks

Side setbacks to ensure:

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

 

S2  Zone 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

Northern boundary

External walls:

2660mm (as existing)

Balconies:

1860mm

Loft:

2660mm to 3595mm

Eastern boundary

External walls:

8035mm (as existing)

Balconies:

5175mm

Loft:

8535mm

 

 

 

Comments:

The proposal is constrained by the layout of the existing building.

 

Northern setback:

The northern balcony returns have a narrow width and incorporate louvre screens to minimise overlooking.

 

The balcony and loft additions will not cast any shadows on the adjoining properties to the north.

 

The design is considered to have provided adequate spatial separation between the proposed balcony and loft additions and the adjoining dwelling at No. 37 Waverley Street, and will not detrimentally affect natural ventilation of the neighbour.

 

Eastern setback:

The eastern balconies are setback 5.175m from the shared boundary and comply with the preferred solution.

 

P3  Rear Boundary Setbacks

 

Ensure that:

§ Solar access and overshadowing are minimised.

§ Privacy between neighbouring dwellings and their open spaces provided.

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

§ Building built across site.

 

S3  Zone 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

Maximum length of wall without articulation 10 metres.

Corner allotment, not applicable.

P4  General

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

 

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

Satisfactory.

Density

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

 

 

The proposed density and FSR are considered to be satisfactory. Refer to the “SEPP 1” section of this report for details.

Fences

P1  Fences to be/have:       

§ consistent with streetscape;

§ Entrances highlighted; and

§ Planting used to soften and provide privacy.

 

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

 

The proposal utilises planter boxes and security gates to define the front property boundaries. The above features will not create a ‘blank-wall’ effect to the street frontages.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

 

S1 Minimum for landscaped area 2 metres.

Satisfactory.

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

 

 

A landscaped communal courtyard is provided in the eastern, rear section of the site.

P3  Private Open Space

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

 

 

The proposal has included private balconies for each of the dwelling units, which are directly accessible from the main living areas.

P4 Is located in front of the building only where setback and fence design sympathetic.

 

The balconies fronting Waverley Street incorporate louvre screens and translucent glass on the side elevations and will provide privacy for the occupants.

 

P6  Flats and apartments

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

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

Western balconies

6210mm x 2500mm, over 15m2 useable areas

Eastern balconies

2860mm x 5410mm, over 15m2 useable areas

Satisfactory

 

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.

Refer to comments below.

P2 Private open space design and location ensure privacy.

 

The communal courtyard has incorporated adequate screen planting along the common boundaries and will not result in unreasonable privacy impacts on the neighbours.

 

P3  Acoustic Privacy

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

 

 

Refer to comments below.

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

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

 

View Sharing

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

 

Satisfactory.

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

 

The proposal will not obstruct any known view corridors from the adjoining and nearby properties.

P3 Buildings are aligned to maximise view corridors between buildings.

 

The proposed works will not obstruct any known view corridors within the public domain. 

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

Refer to comments below.

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

 

The proposed development will not overshadow the roofs of the main dwellings at 71 to 77 Cowper Street. Satisfactory.

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.

 

Refer to comments below.

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

 

Refer to comments below.

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

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

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

Refer to “SEPP: BASIX”.

P5 Buildings have roofs with pitch suitable for solar collectors.

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

 

The proposed roof design will not preclude the installation of solar collectors in the future.

Safety and Security

P1 Design allows surveillance.

 

Satisfactory.

P2 Approaches and entries are visible.

 

The main pedestrian entry to the building is clearly identifiable from Sydney Street.

 

The secondary entry path off Waverley Street is secured by a gate.

 

It is considered that appropriate access control has been provided for the development.

P3 High walls and structures avoided.

 

Satisfactory.

 

P4 Resident car parking has security grilles or doors.

 

The installation of security grilles is not appropriate due to the constrained dimensions of the car spaces.

P5 Visitor parking spaces clearly identifiable.

 

To be required by condition.

P6 Adequate lighting for personal safety and security provided.

 

To be required by condition.

P7 Adequate lighting is provided in common areas.

 

To be required by condition.

P8 External lighting does create a nuisance.

 

 

To be required by condition.

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

Refer to the “Parking DCP” section for detailed comments.

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

 

Soft landscaping has been provided to screen the undercroft parking areas. The proposal will significantly improve the visual presentation of the development to the public domain.

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

 

Not applicable.

P3 Secure storage for bicycles is provided.

 

 

To be required by condition.

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

Satisfactory.

P2 Vehicles enter/ leave in a forward direction.

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

Due to the existing site constraints, this is not achievable. However, given the relative small number of car spaces involved, the proposed access arrangement is considered to be acceptable. A specific condition is recommended to ensure the planter beds will not obstruct sightlines of pedestrians and drivers.

 

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

S3 Long driveways provide passing bays.

Soft landscaping has been provided to minimise the visual impacts of the parking facilities.

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

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

The proposed driveways have adequate widths and are appropriately setback from the common boundaries.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

The extent of concrete driveway is considered to have minimised given the existing site constraints and the scope of the proposal.

 

P6 Driveway gradients safe.

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

 

Satisfactory.

Storage

P1 Accessible and separate storage for each dwelling.

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

 

Due to the existing site constraints, it is not possible to provide storage units within the car parking areas. However, the proposed dwelling units have adequate dimensions to accommodate storage facilities.

Barrier-Free Access

P1 Design must provide access for people with special access needs as required (foyer parking open space).

 

S1 Publicly accessible areas comply with the Building Code of Australia for access and mobility.

A standard condition is recommended to require compliance with the BCA. 

P2  Dwelling requirements:

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 so on…

The requirements of AS1428.1 and AS 4299 are to be considered.

 

 

Not applicable.

P3 Dwellings for people with a disability have corresponding parking space.

 

 

Not applicable.

P4 Passenger lifts provide access for people with a disability to common and parking areas.

 

 

Not applicable.

Utilities/Site Facilities

P1 Mailboxes provided in accordance with Australia Post.

 

To be required by conditions.

P2 Provisions for a single common TV and radio reception device.

 

To be required by conditions.

P3 Electrical reticulation underground and mater boxes placed in positions acceptable to Energy Australia.

 

To be required by conditions.

P4 Reticulated gas to a meter for each dwelling and service points for cooking and heating in units.

 

 

To be required by conditions.

P5 Water and sewerage provided in accordance with requirements of Sydney Water.

 

 

To be required by conditions.

P6 Telephone lines provided in accordance with the service provider.

 

 

To be required by conditions.

P7 Internal laundry to each dwelling, communal clothes drying made available and screened from the street.

 

The existing building does not provide any internal laundry for the dwelling units. Due to constraints of the existing structures and unit sizes, it is not possible to provide internal laundries for Units 1, 2, 3 and 4. The existing communal laundry at ground floor will be retained.

 

Internal laundries will be provided for the top floor units (Units 5 and 6) at the loft level.

 

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.

 

Satisfactory.

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

 

 

Satisfactory.

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.

Satisfactory.

Heritage Conservation Areas and Heritage Items

P1  Design and construction of development:

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

§ Does not detract or overwhelm the conservation area in scale and proportions;

§ Retains the identified significance of the item or area;

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

§ Compliments but does not mimic features of a heritage item.

 

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

P2 Respects nearby heritage buildings.

 

P3 The design is in accordance with heritage advice.

 

P4  New development:

§ Maintains a curtilage between heritage buildings and new buildings;

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

§ Retains sightlines from public areas to the heritage item.

 

 

 

11.1.1        Privacy

The relevant performance requirements relating to privacy are extracted below:

 

P1  Visual Privacy

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

P3  Acoustic Privacy

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

 

Western (Waverley Street) balconies

The western balconies are oriented towards Waverley Street with 800mm deep northern returns that extend for a distance of approximately 4200mm. The balconies are attached to the main living areas, and have implications on the privacy of the adjoining dwelling at No. 37 Waverley Street.

 

The detached dwelling at No. 37 Waverley Street is presently single-storey in height. Although it is unlikely to be redeveloped into a residential flat building given the limited land size, the planning controls allow for a second storey addition. The balconies in question are capable of obliquely overlooking the existing and potential south-facing windows of No. 37.

 

The design scheme includes 1200mm wide louvre screens at the north-eastern corners of the balconies. The drawings indicate that the north-facing windows off the living and dining areas (adjacent to the balcony returns) will be constructed with fixed and louvered glazing at least to Unit 5 at the third level. A special condition is recommended to ensure the northern windows of Units 1 and 3 at the first and second levels respectively adopt the same treatment. Given that the northern balcony returns have a limited depth and are primarily designed to accommodate potted plants and the like, it is not considered necessary to require screens for the full length of the returns.

 

A further condition is recommended to require the balustrades of the northern balcony returns to be constructed with obscured glazing, to further minimise opportunities for overlooking.

 

Eastern balconies

The eastern balconies are capable of overlooking the western windows and courtyard of the semi-detached dwelling at No. 8 Sydney Street. The design scheme has included translucent glazing up to 1.6m above the finished floor level on the eastern elevation of the balconies. The above features will effectively restrict cross viewing and minimise noise impacts on No. 8 Sydney Street.

 

The northern elevation of the balconies is partially enclosed with translucent glazing up to 1.6m and is partially open. This is considered to be acceptable as there is an existing mature tree (15m in height) within the rear yard of No. 37 Waverley Street. A special condition is recommended to require the balustrades on the northern elevation of the balconies to be constructed with obscured glazing.

 

Loft

The proposed loft level contains bedrooms and amenities for Units 5 and 6. Terraces are located on the northern elevation. These terraces are configured to enable clothes drying and passive recreation activities, and are attached to low intensity use space within the dwellings. The northern terraces have a depth of only 935mm and will generally overlook the roof of No. 37 Waverley Street. Based on the above, it is considered that the loft addition will not create unacceptable privacy impacts on the adjoining and nearby properties.

 

Northern windows

A special condition is recommended to require the north-facing bathroom windows to be constructed with obscured glazing, to enhance privacy protection for No. 37 Waverley Street.

 

Southern windows

The southern windows are attached to bedroom areas and will not result in unacceptable privacy impacts.

 

11.1.2        Solar access

The relevant performance requirements relating to solar access are extracted below:

 

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.

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

 

The proposal is considered to have shadow implications on Nos. 71 to 77 Cowper Street and Nos. 1, 6 and 8 Sydney Street. The potential impacts are analysed based on shadow diagrams submitted with the previous DA/947/2010 and are discussed as follows:

 

Garages of No. 71 Cowper Street, as viewed from Sydney Street

Outbuildings of No. 73 (mid right) and No. 73A  (mid left) Cowper Street, as viewed from Sydney Street

Outbuilding of No. 75 Cowper Street, as viewed from Sydney Street

Garages of 77 Cowper Street, as viewed from Sydney Street

 

Nos. 6 and 8 Sydney Street:

Shadows will be cast on the majority of the front yard of No. 8 Sydney Street and a small portion of the front yard of No. 6 Sydney Street at 3 pm, winter solstice. These front yards are south-facing and currently do not enjoy adequate direct sunlight. The principal private open space of these dwellings is located to the rear of the buildings. The proposed development is not considered to result in perceivable additional impacts on the front yards of the aforementioned properties.

 

No. 71 Cowper Street:

The garage roof and the entire courtyard of the dwelling at No. 71 Cowper Street will be overshadowed at 9am, winter solstice. However, the shadows will be gradually shifted away and at 12 noon, no shadows will reach this dwelling. It is considered that adequate sunlight will be available to the courtyard and north-facing living room windows of No. 71 Cowper Street in mid winter.

 

Nos. 73 and 73A Cowper Street:

There are dormer windows on the northern elevations of the outbuildings at Nos. 73 and 73A Cowper Street, which are attached to studio areas (refer to development consent No. 1024/2004, as modified).

 

The proposed development will cast shadows on the aforementioned dormer windows at 9am and 12noon, mid winter. Although the dormers will receive less than 3 hours of direct sunlight on the winter solstice, they are not principal living room windows and are only attached to studio / rumpus spaces. The northern living room windows of the main dwellings will not be impacted by the proposed development.

 

At present, more than 50% of the courtyard of No. 73 Cowper Street will be overshadowed at 9am, mid winter. According to the shadow diagrams, the proposed development will increase the shadows by only a marginal extent than the status quo. As is the same as the current situation, no impacts on the courtyard areas of No. 73 and No. 73A will occur at 12 noon and 3pm, winter solstice.

 

Therefore, adequate solar access to the above properties will be retained in mid winter in compliance with the DCP performance requirements.

 

No. 75 Cowper Street:

At present, the north-facing windows of the studio room (above the rear garage) at No. 75 Cowper Street are overshadowed by the existing building on site at 12 noon and 3 pm in mid winter. The proposal will increase the length of the shadows on the northern facade by a marginal extent at 3pm in mid winter.

 

The proposed development will not significantly increase shadow impacts on the studio room windows. The studio is not the principal living room of the dwelling. There are no impacts on any north-facing living room windows of the main dwelling.

 

Therefore, it is considered that adequate sunlight will be retained for this property in mid winter in compliance with the DCP performance requirements.

 

No. 77 Cowper Street:

At 3pm, the proposed development will cast shadows on the roof of the garage at No. 77 Cowper Street. A narrow strip of the courtyard (approximately up to 1500mm in width) adjacent to the garage will also be impacted. Notwithstanding, the additional shadows will fall within those created by the garage building itself. Therefore, there will be no perceivable impact on the courtyard areas.

 

No. 1 Sydney Street:

According to the shadow diagrams, the proposal will cast additional shadows on the garage roof and a small portion of the courtyard of No. 1 Sydney Street at 3pm in mid winter.

 

It should be noted that the courtyard in question will be overshadowed by the garage building within No. 1 Sydney Street itself and there will be no perceivable additional impacts on this dwelling.

 

Based on the above, it is considered that the proposal will meet the DCP performance requirements for solar access, and will not result in unacceptable shadow impacts on the adjoining and nearby dwellings.

 

11.2  Randwick Development Control Plan (RDCP) Parking

The DCP specifies the following requirements for multi-unit housing:

 

 

Rate

Requirement

Proposal

Resident

1.2 spaces per 2-bedroom unit

4 x 1.2 = 4.8

7 spaces

1.5 spaces per 3-bedroom unit

2 x 1.5 = 3

Visitor

1 space per 4 dwellings

¼ x 6 = 1.5

1 space

Total car parking

 

9.3 or 9 spaces

8 spaces

Bicycle parking

1 space per 3 dwellings plus 1 visitor space per 10 dwellings

1/3 x 6 = 2

To be required by condition

 

Under the DCP, a total of 9 off-street parking spaces are required. The proposal only contains 8 parking spaces and entails a shortfall of 1 space. Notwithstanding, the proposed development is considered to be satisfactory for the following reasons:

 

·      The numerical shortfall of 1 car space is considered to be minor in nature, and will not result in material impacts on kerb side parking condition in the surrounding streets.

 

·      The development scheme is constrained by the existing building structures and site conditions. Additional car parking cannot be provided without reducing the amount of landscaped areas, which is considered to be undesirable.

 

·      The site is located within walking distance from public bus services along Cowper and Avoca Streets, which provide connections to the shopping strip in Randwick Junction and Sydney CBD. Given the high accessibility of the site, the provision of a lower level of on-site parking facilities is considered to be acceptable.

 

·      A special condition is recommended to require adequate bicycle storage facilities to be installed on the site to encourage sustainable mode of transport. 

 

Parking configuration

The existing parking spaces do not comply with the dimensional requirements of the current Australian Standard. Specifically, the structural columns will reduce the effective widths of the car spaces. Notwithstanding, the development is constrained by the existing structures and it is not possible to widen the parking spaces to meet the current industry standard without substantial changes to the building or complete redevelopment. Council’s Development Engineer has reviewed the application and raised no objections to the continued use of the car spaces, subject to a condition that require the planter boxes adjacent to the driveway exits to be lowered to 600mm or splayed to maintain sightlines. The proposed tandem car spaces for Unit 5 have a width of 2.8m to 3.0m and will allow the opening of car doors when parked within the bays.

 

11.3  Randwick Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200,000

$497200

 

1.0%

$4,972

 

12.    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.

 

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

Not applicable. 

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

The relevant clauses of the Environmental Planning and Assessment Regulation 2000 have been addressed by the recommended conditions.


 

Section 79C ‘Matters for Consideration’

Comments

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.

 

The proposed development is consistent with the residential land uses in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality. 

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

The site is located within an established residential neighbourhood. The site has sufficient area to accommodate the proposed land use and structures. Therefore, the site is considered suitable for the proposed development.

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

No submissions have been received. 

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

The proposal is not considered to result in unreasonable environmental, social or economic impacts on the locality, subject to the recommended conditions. Therefore, the development is considered to be within public interest.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Leadership in sustainability, excellence in urban design and development, integrated transport and land use.  

Direction:  Improved design and sustainability across all development, integrating transport and pedestrian links between town centres and key locations.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development complies with the objectives and performance requirements of relevant State and Local planning controls.

 

The current proposal intends to serve as an amending development application to the 2007 consent, as it does not pass the threshold test of Section 96 of the Environmental Planning and Assessment Act, which requires the modifications to be substantially the same development for which the original consent was granted. Council has obtained legal advice which indicates that there is no apparent legal impediment to Council granting consent to the subject proposal. However, a condition should be imposed to require surrendering of the 2007 consent to avoid possible confusion in the implementation of the development.

 

The SEPP 1 Objections lodged with respect to the non-compliance with the landscaped areas, floor space ratio and building heights standards are considered to be well founded. The development scheme will not generate unreasonable adverse impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, solar access and privacy, subject to the recommended conditions.

 

The design scheme will significantly improve the visual presentation of the existing building to the public domain. The proportions, massing, colours and materials of the loft addition are considered to be satisfactory and will not form a dominant feature in the streetscape.

 

The proposal will rehabilitate and reuse an existing residential building and contribute to the sustainable utilisation of resources. The development will significantly improve the liveability and environmental performance of the existing dwelling units and upgrade the streetscape, and is consistent with Council’s development policy.  Therefore, the application is recommended for approval, subject to conditions.

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20E(2), 20F(2), 20G(2) and 20G(4) of Randwick Local Environmental Plan 1998 (Consolidation), relating to landscaped areas, floor space ratio, building height and external wall height respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the adjoining premises and 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. 432/2011 for modification of approved Strata subdivision and alterations and additions to an existing residential flat building under Development Consent 433/2007, including construction of a new loft level, reconfiguration of room layout, installation of balconies, provision of 2 tandem parking spaces, landscape works and amendment to approved Strata plan, at 39 Waverley Street, Randwick subject to the following conditions:

 

REFERENCED PLANS:

 

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

 

Plan Number / Title

Dated

Received

Prepared By

02a

30/05/2011

9 June 2011

C M Hairis Architects

03a

30/05/2011

04a

30/05/2011

05a

30/05/2011

10-2371 LO1(A)

23.03.11

9 June 2011

Zenith Landscape Design

Draft Strata Plan 01a, 02a and 03a

Undated

9 June 2011

C M Hairis Architects

 

BASIX Cert. No.

Project Name

Dated

Received

A124418

Unit 1, 39 Waverley Street, Randwick

29 September 2011

30 September 2011

A124427

Unit 2, 39 Waverley Street, Randwick

A124428

Unit 3, 39 Waverley Street, Randwick

A124429

Unit 4, 39 Waverley Street, Randwick

A124431

Unit 5, 39 Waverley Street, Randwick

A124430

Unit 6, 39 Waverley Street, Randwick

 

the application form and 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:

 

ENVIRONMENTAL AMENTITY:

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

2.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the submitted “External Finishes Board”, prepared by C M Hairis Architects, and stamp-received by Council on 9 June 2011.

 

3.       Development Consent No. 433/2007 relating to the subject site at 39 Waverley Street, Randwick, as modified by Section 96 approval No. 433/2007/A, shall be surrendered in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000, prior to the issuing of any Construction Certificate.

 

4.       The north-facing windows adjacent to the Living / Dining areas of Units 1, 3 and 5 on the first, second and third levels respectively, shall be constructed with fixed and/or louvered glazing only.

Details demonstrating compliance shall be incorporated in the Construction Certificate drawings to the satisfaction of the Council / Accredited Certifier.

 

5.       The balustrades on the northern elevations of the eastern and western balconies at first, second and third levels shall be constructed with translucent / obscured glazing.

 

Details demonstrating compliance shall be incorporated in the Construction Certificate drawings to the satisfaction of the Council / Accredited Certifier.

 

6.       All proposed privacy screens on the northern elevations of the western balconies at the first, second and third levels shall be permanently fixed (not sliding). In addition, the individual louvre blades of the screens shall not be operable.

 

Details demonstrating compliance shall be incorporated in the Construction Certificate drawings to the satisfaction of the Council / Accredited Certifier.

 

7.       All bathroom windows on the northern elevation of the building shall be constructed with translucent / obscured glazing. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation to the satisfaction of the Council / Accredited Certifier.

 

8.       The enclosing walls for the planter beds fronting or adjacent to the Sydney Street and Waverley Street alignments shall be finished with natural stone or similar materials. The above walling shall NOT be rendered and paint-finished. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation to the satisfaction of the Council / Accredited Certifier.

 

9.       A minimum of two (2) bicycle parking spaces are to be provided within the proposed development. The design and construction of the bicycle parking facilities are to be compliant with Australian Standard 2890.3: Bicycle Parking Facilities. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation to the satisfaction of the Council / Accredited Certifier.

 

10.     A wheel stop is to be installed for the rear tandem car space for Unit 5, to prevent damage to vehicles and the garden walls.

 

11.     All car parking spaces are to be line-marked. 

 

12.     Fences located on the side or rear boundaries of the site shall not exceed a maximum height of 1800mm, measured above the existing ground levels.

 

On sloping sites or at changes in ground levels, the maximum height of the fence may exceed the abovementioned specified height by up to 150mm maximum adjacent to any required ‘step-downs’ or changes in ground level.

 

The applicant and owner are advised that the relevant provisions of the Dividing Fences Act 1991 are to be satisfied accordingly and any necessary approvals or agreements should be obtained from the owner/s of the adjoining land beforehand.

 

13.     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, prior to occupation of the building, an application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of an appropriate street number/s to the development.

 

14.     The reflectivity index of glazing used in the external facades of the proposed development must not exceed 20 per cent.

 

15.     A motion-triggered lighting device is to be installed near the bin storage area of the development, to ensure safety and security of the occupants. The device is to be appropriately positioned to minimize glare to the adjoining dwelling at No. 37 Waverley Street. Details demonstrating compliance are to be submitted to the satisfaction of the Principal Certifying Authority prior to the issuing of any Interim or Final Occupation Certificate. 

 

16.     Lighting to the premises shall be designed in accordance with Australian Standard AS 4282: Control of the Obtrusive Effects of Outdoor Lighting so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

17.     Power supply and telecommunications cabling to the development shall be underground.

 

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

 

19.     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 paving or the like on the ground) without the written consent of Council.

 

20.     Adequate letter box for each dwelling unit shall be installed at the main pedestrian entry on the Sydney Street elevation of the building.

 

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

 

The following condition is imposed to promote ecologically sustainable development and energy efficiency:

 

22.     In accordance with the provisions of the Environmental Planning & Assessment Regulation 2000, the approved BASIX Certificates 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 Certificates 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.

 

The following condition is applied to mitigate the loss of low rental accommodation:

23.     A monetary contribution of $298,950 is required for the purpose of mitigating the loss of low cost rental accommodation on the site caused by the development, pursuant to Clause 51 of the State Environmental Planning Policy (SEPP) Affordable Rental Housing 2009. The contribution must be paid in full to Council prior to the issuing of any Construction Certificate relating to the development.

 

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

24.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $497,200, the following applicable monetary levy must be paid to Council: $4,972.

 

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

 

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

 

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

25.     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.

 

26.     All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA), in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000.

 

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

 

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

 

28.     Prior to the commencement of any building works, the person having the benefit of the development consent must:-

 

i)        appoint a Principal Certifying Authority for the building work, and

 

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

                                        

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

 

iv)      give at least two days notice to the Council, in writing, of the persons intention to commence building 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.

 

29.     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 in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 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).

 

Documentary evidence of the building inspections carried out and details of compliance with Council’s consent is to be maintained by the Principal Certifying Authority.  Details of critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council with the occupation certificate.

 

The principal contractor must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

 

30.     A sign must be erected and maintained in a prominent position on the site, which contains the following details:

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

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

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

 

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

 

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

 

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

 

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

 

33.     In accordance with clause 98 of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition, that in the case of residential building work, a contract of insurance must be obtained and in force, in accordance with the provisions of the Home Building Act 1989.

 

Where the work is to be done by a licensed contractor, excavation or building work must not be carried out unless the Principal Certifying Authority (PCA):

·       has been informed in writing of the licensee’s name and contractor number; and

·       is satisfied that the licensee has complied with the insurance requirements of Part 6 of the Home Building Act 1989.

 

Details of the principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA / notice of intention to commence building work.

 

34.     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.

 

35.     A Certificate of Adequacy prepared by a professional engineer shall be submitted to the certifying authority prior to the issue of a construction certificate, certifying the structural adequacy of the building to support an additional storey.

 

36.     A Certificate of Adequacy prepared by a professional engineer, shall be submitted to the Council prior to the issue of an occupation certificate, certifying the structural adequacy of the building in general and internal and external balustrading.

 

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:

37.     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 & Conservation (formerly the Environment Protection Authority) and Randwick City Council policies and conditions, including:

·      Occupational Health and Safety Act 2000

·      Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·      Australian Standard 2601 (2001) – Demolition of Structures

·      The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 1996.

·      Relevant Department of Environment & Conservation (DEC) / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

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

 

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

 

38.     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

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

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

 

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

 

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

 

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

 

40.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

 

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

 

A Road Opening Permit must be obtained from the Council and other relevant Authorities prior to excavating or opening-up the road or footway for services or the like.

 

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

 

42.     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, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Development Control Plan for Exempt & Complying Development and Council’s Local Approvals Policy.  Applications to place a waste container in a public place can be made to Council’s Building Services section.

 

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

 

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

 

44.     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.

 

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

 

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

 

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

 

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

 

45.     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 (grater than 3m in length) or any container or other article.

 

46.     All new building works must satisfy the relevant performance or deemed-to-satisfy provisions of the Building Code of Australia.

 

47.     All of the fire safety upgrading works and new building work must be detailed in the Construction Certificate for the development.

 

48.     The fire safety upgrading works must be carried out prior to issuing of an Occupation Certificate for the development and written confirmation must be provided to Council which verifies that all of the upgrading works have been carried out in accordance with the conditions of consent (together with a Fire Safety Certificate for the Essential Fire Safety Measures) prior to issuing an Occupation Certificate.

 

49.     The existing levels of fire safety and amenity within the building are to be upgraded, in accordance with the following requirements and the fire safety certificate provisions of Part 9 of the Environmental Planning and Assessment Regulation 2000 must be complied.  A Construction Certificate must be obtained for the subject works and the upgrading works are required to be implemented and completed prior to issue of an Occupation Certificate:

 

a)     The balustrades along the side of the stairways and balconies are to be upgraded.

 

The balustrade height shall be not less than 1000mm above the floor of any access path, balcony, landing or the like and 865mm above the nosing of the stair treads or floor of a ramp and the balustrade is to be constructed in accordance with Clause D2.16 of the Building Code of Australia. Openings within balustrades shall not exceed 125mm, so as to not permit a 125mm sphere to pass through it and for stairs, the space is tested above the nosings, in accordance with Clause D2.16 of the Building Code of Australia.

 

Details of the proposed design of external balustrading shall be submitted to and approved by Council prior to construction.

 

b)     Handrails are to be provided to all stairs and must be continuous between stair flight landings and have no obstruction on or above them that will tend to break a hand-hold, in accordance with Clause D2.17 of the Building Code of Australia.

 

c)     The main entry/exit doors are to swing in the direction of egress or alternatively the main entry/exit doors are to be provided with an automatic hold open device, to assist persons seeking egress in the event of an emergency.

 

d)     Doors in a required exit, forming part of a required exit or in the path of travel to a required exit is required to be readily openable without a key from the side that faces a person seeking egress, by a single hand downward action or pushing action on a single device which is located between 900mm and 1200mm from the floor in accordance with Clause D2.21 of the Building Code of Australia.

 

e)     Provide emergency lighting to the stairways and corridors, in accordance with the provisions of Clauses E4.2 and E4.4 of the Building Code of Australia and AS/NZS 2293.1 (1998).

 

f)      Provide exit signs to the Building, to satisfy the provisions of Clause E4.5 and E4.7 of the Building Code of Australia and AS/NZS 2293.1 (1998).  Exit signs must be visible at all times to indicate the way to a position of egress from the building to the satisfaction of Council.

 

g)     Provide portable fire extinguishers to the building, to satisfy the provisions of Clause E1.6 of the Building Code of Australia and AS 2444 (1995).

 

h)     Provide a self-closing, -/60/30 fire door to the front entry doorway of each sole-occupancy unit, to the enclosure under the main stairway and to the laundry, in accordance with Clause C3.11 of the Building Code of Australia.

 

i)      Brick up or effectively seal the “milk boxes” in the walls of the main stairway with material having a fire resistance level of -/60/60.

 

j)      Upon completion of the fire safety upgrading works and prior to the issuing of the strata subdivision, a final fire safety certificate is to be submitted to Council and a copy of the fire safety certificate and fire safety schedule are to be displayed in a prominent position within the building (ie entrance area), in accordance with the provisions of the Environmental Planning and Assessment Act 1979.

 

50.     The demolition, removal, storage, handling and disposal of products and materials containing asbestos must be carried out in accordance with Randwick City Council’s Asbestos Policy and the relevant requirements of WorkCover NSW and the NSW Department of Environment & Conservation (formerly the Environment Protection Authority), including:

·      Occupational Health and Safety Act 2000

·      Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·      Australian Standard 2601 (2001) – Demolition of Structures

·      The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 1996.

·      Relevant Department of Environment & Conservation (DEC) / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

 

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.

 

51.     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.

 

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

 

53.     Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996.

 

Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

54.     A 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 upon completion of the works (prior to an Occupation Certificate being issued), which confirms that the relevant requirements contained in the Asbestos Survey and conditions of consent, in relation to the safe removal and disposal of asbestos, have been satisfied.

 

Occupant Safety

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

 

Options may include one or more of the following measures:

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

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

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

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

v.    Other appropriate effective safety measures or barrier.

 

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

56.     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.

 

57.     The applicant shall note that all external work, carried out on Council property, shall be in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works". An application for the cost of the Council civil works is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design and supervision fee based on the lowest quotation from Council's nominated contractor will be required to be paid prior to the commencement of any works.

 

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

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

 

59.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

60.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $121.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

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

61.     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.

 

62.     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 additional conditions should be applied to provide adequate security against damage to Council’s infrastructure:

63.     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)   $1000.00   -      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 additional conditions are applied to provide adequate provisions for access, transport and infrastructure:

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

a)       Construct a new concrete vehicular crossing and layback at kerb opposite the new vehicular entrance to the site.

 

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

 

66.     Any new wall constructed at the southwest corner of the site (Waverley St / Sydney St intersection) is to be constructed with a 3m x 3m splay should it exceed a height of 600mm above the Council footpath at this location. Details showing compliance with this condition are to be shown on the plans submitted for the Construction Certificate.

 

67.     Prior to the issuing of an occupation certificate the visitor car space is to be clearly signposted.

 

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

68.     Prior to the issue of a construction certificate detailed drainage plans shall be prepared by a suitably qualified hydraulic engineer and 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 Australian Standard 3500.3:2003 (Plumbing and Drainage - Stormwater Drainage) except as varied by the conditions of this development approval.

 

69.     Generally all site stormwater shall be piped to a sediment/silt arrester pit that drains to Council's kerb and gutter.

 

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).

 

70.     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.

 

Strata Subdivision Conditions

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

71.     All floors, external walls and ceilings depicted in the proposed strata plan must correspond to those of the building as constructed.

 

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

 

73.     The applicant shall provide Council with a survey plan of the property prior to the release of any Subdivision Certificate.

 

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

 

75.     The registered proprietor of the land the subject of this consent shall enter into a restriction on the use of land that no right of exclusive use and enjoyment of the whole or any specified part of the area or areas designated as common area or similar in the approved plans will be conferred on any person or persons without the prior approval of Randwick City Council.

 

76.     A formal subdivision application is required to be submitted to and approved by the Council or an accredited certifier and all conditions of this development consent are required to be satisfied prior to the release of the subdivision plans. This includes restoration of all public roads and reserves.

 

Advisory

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

 

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

 

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

 

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

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

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

 

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

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                          8 November 2011

 

 

Development Application Report No. D145/11

 

 

Subject:                  1420 Anzac Parade, Little Bay (DA/547/2011)

Folder No:                   DA/547/2011

Author:                   GAT & Associates , Pty Ltd     

 

Proposal:                     Alterations and additions to the existing aged care facility including construction of a new 3 storey addition to the northern side of the existing building, increase the total number of beds from 137 to 170, reconfiguration of the internal layout, new signage and associated landscape and site works (Heritage Conservation Area)(Integrated Development)

Ward:                      South Ward

Applicant:                Norwent Pty Ltd

Owner:                         Norwent Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application is referred to the Planning Committee as the cost of works is in excess of $4.5 million.

 

The proposal seeks consent for:

 

·      The construction of a new “wing” yielding an additional 9 beds,

·      Relocation of the administrative function off-site, thereby facilitating conversion to accommodation and resulting in an additional 15 beds

·      Minor extension (approx 600mm) along the length of the ground floor of the eastern facade of the rear wing of the building, including a new facade treatment.

·      Upgrading works to the Anzac Parade entry to reinforce its role as the front entrance of the facility, improving the level of activation to the street in keeping with Council’s stated objectives for the relocation of the patient pick up/drop off zone, new awning over the relocated building entry to provide weather protection and to provide a visual cue for visitors and the addition of Juliet balconies top rooms along the Anzac Parade frontage of the building.

·      Improved internal circulation

·      Reconfiguration of the basement to provide relocated staff and storage facilities and to accommodate a new hydrotherapy pool

·      Rationalisation and extension of on-site parking

·      Landscape works including a series of roof gardens, new planting within the grounds and fencing treatment.

·      Building identification signage

·      Associated site works 

 

The proposal is integrated development and the application has been granted general terms of approval by the NSW Heritage Council.

 

The proposal has been the subject of a pre DA meeting with Council and no major issues were raised.

 

The proposal was presented to the SEPP 65 Panel on the 6 June 2011 prior to the lodgement of the application with Council and was referred to them again as a development application in August 2011. Following the consideration of the minutes of the meeting, the applicant submitted amended plans to show further details, as required by the Panel.

 

The proposal was considered by the Council’s traffic committee and is satisfactory.

 

The proposal generally complies with the required planning controls for this site.

 

The proposal is recommended for approval subject to conditions

 

2.    The Proposal

 

The development application seeks approval for alterations and additions to an existing aged care facility at 1420 Anzac Parade, Little Bay comprising the following:

 

·         The construction of a new “wing” yielding an additional 9 beds

·        Relocation of the administrative function off-site, thereby facilitating conversion to accommodation and resulting in an additional 15 beds. A total increase in beds of 33. (Increase from 137 beds to 170 beds).

 

·        Minor extension (approx 600mm) along the length of the ground floor of the eastern facade of the rear wing of the building, including a new facade treatment.

·        Upgrading works to the Anzac Parade entry to reinforce its role as the front entrance of the facility, improving the level of activation to the street in keeping with Council’s stated objectives for the relocation of the patient pick up/drop off zone, new awning over the relocated building entry to provide weather protection and to provide a visual cue for visitors and the addition of Juliet balconies top rooms along the Anzac Parade frontage of the building.

·        Improved internal circulation

 

·        Reconfiguration of the basement to provide relocated staff and storage facilities and to accommodate a new hydrotherapy pool

·        Rationalisation and extension of on-site parking. The proposal seeks to increase the onsite car parking and to provide for improved ambulance access arrangements. There will be the creation of three new driveways from Anzac Parade to provide for a new entry and exit to an ambulance bay with a porte cochre. There is also a combined entry /exit for the new at grade car park which will have 12 spaces. The principle entry to the basement car park from Brodie Avenue will remain unchanged.

·        Landscape works including a series of roof gardens, new planting within the grounds and fencing treatment.

·        Building identification signage

·        Associated site works

 

3.    The Subject Site and Surrounding Area

 

 

The subject site is known as 1420 Anzac Parade, Little Bay and is legally described as Lot 48 in DP 1064600. The site is part of the Prince Henry site. It is located towards the south west corner of the development area and has its primary frontage to Anzac Parade. Brodie Avenue forms the eastern boundary of the Lot.

 

The subject site is an irregularly shaped parcel of land with a curved boundary to Anzac Parade of approximately 109 metres. The northern boundary has a length of 127 Metres and the southern boundary has a length of 129 metres. The boundary along Brodie Avenue is 72.8metres in length.

 

The site is located within the Prince Henry Heritage Conservation Area with the site and various buildings identified on the State Heritage Register. The site has been subject to a Conservation Management Plan (CMP), Archaeological Management Plan (AMP) and a Heritage Impact Statement for the Master Plan all prepared by Godden Mackay Logan.

 

The site is within Precinct 3 as identified in the Prince Henry Site Development Control Plan.

 

Surrounding development includes-

 

A part 4/part 5 storey mixed use development immediately to the north at 1-9 Pine Avenue (also known as Lot 13). This building contains almost 800m2 of commercial/retail floor area at ground level and 69 apartments above. The development is nearly completion.

 

Immediately to the south of the site is a multi unit development which is currently under construction and will comprise of 51 townhouses.

 

To the east of the site, on the opposite side of Brodie Avenue are the heritage listed Flower Wards. To the north east of the site is Henry’s Trading Post.

 

To the west of the site, on the other side of Anzac Parade are predominantly single detached residential cottages. There is a significant setback to this residential development.

 

4.    Site History

 

This site, known as Lot 48 forms part of the ‘Prince Henry Hospital site’ that was previously used as the Prince Henry Hospital.

 

In 2001 Council considered a Master Plan which was prepared by Landcom which sought to create a new residential and community precinct incorporating a variety of land uses including retail, commercial, open space, and recreation and community facilities. The Master Plan was adopted in December 2001 subject to certain issues being addressed as part of a revised Master Plan.

 

A revised Master Plan was considered and adopted by Council in 2003. A number of amendments to the Master Plan have been adopted by Council. These were considered by Council in 2005 and 2006 and sought to change the mix of dwellings along the eastern side of the site and the dedication of Lots 76 and 77 to Council.

 

Randwick Local Environmental Plan 1998 was amended in November 2004 (known as amendment No. 28) to rezone the site to 2D Residential (Comprehensive Development). 6 Special Uses and 7 Environmental Protections.

 

The Development Control Plan for the site is known as the Prince Henry Site Development Control Plan and came into force following the gazettal of Amendment No. 28 in December 2004.

 

The original proposal for a 2-4 storey Aged Care Facility comprising 124 beds and car parking for 43 cars was considered by Council in DA 43/2005 and approved by Council in June 2005.

 

A number of Section 96 modifications were considered following the original approval. DA 43/2005/A sought to relocate the driveway. DA43/2005/B sought to increase the number of beds from 124 to 137 and changes to the facade of the building, landscaping and plant area. DA43/2005/C sought a change to the condition relating to the reuse of grey water.

 

DA/152/2011 is an application for building identification signage and a building identification sign pole.

 

5.    Community Consultation

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification. As a result of this notification no submissions were received:

 

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:-

 

Heritage Council of New South Wales

This application is integrated development due to the heritage significance of the site. The application was accompanied by a Statement of Heritage Impact prepared by Graham Brooks and Associates.

 

The application was referred to the Heritage Council in accordance with Section 91A of the Environmental Planning and Assessment Act 1979.

 

The Heritage Council has considered the application and has granted general terms of approval for the application which must be incorporated into any development consent.

 

Heritage Planner

The Council’s Heritage Planner notes that

 

·           the Development Control Plan Precinct Criteria and Controls recommend that new buildings maintain an appropriate setting for the Historic Precinct and significant buildings and landscape elements in the vicinity;

 

·           the proposed additional provision of bedroom accommodation in the eastern wing of the building will remove its address to Brodie Avenue so that the building will have a single access to Anzac Parade;

 

·           the proposal will not physically impact upon the sandstone outcrop or entrance gates to the former CEO’s residence which are part of the subject site. The proposal will not significantly alter the building envelope of the building which forms part of the setting for the Historic Precinct and the Flower Wards. The proposed new wing somewhat detracts from the simple block form of the existing building providing a less recessive backdrop for Henry’s Trading Post however the wing is largely screened by a stand of remnant native vegetation.

 

It is considered that the proposal will not impact on the setting of the heritage items in the vicinity of the site.

 

In addition to the conditions imposed by the Heritage Council, Council’s Heritage Planner has recommended the following condition be placed on any development consent-

 

          The colours, materials and finishes of the external surfaces to the new wing building are to be compatible with the existing building and heritage items in the vicinity of the site.  Details of the proposed colours, materials and textures (ie- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director 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 development.

 

Joint Randwick/Waverly Design Review Panel

The proposal was presented to the Panel in a pre DA presentation on the 6 June 2011. It was then referred to the Panel as a formal Development application submission on the 8 August 2011. The Panel has made the following comments in relation to the Ten (10) SEPP 65 Design Quality Principles.

 

Relationship to the context of the Proposal

“A preliminary detailed drawing of the proposed Porte Cochere has been provided.  The minimum driveway width is encouraged by the Panel. Generally the design appears suitable however there will need to be further development of the landscape to ensure good visibility and definition to the trafficable areas, and provision of grassed verge so that passengers can alight from parked vehicles where indicated.”

 

The Scale of the Proposal

“Detailed wall sections have been provided which adequately describe the design of the balustrade and operable sun screens.  These improvements are commended.”

 

The Built Form of the Proposal

“The new wing is shown diagrammatically in elevation however no detail is provided.  The window types and operation are not evident and so their suitability cannot be assessed - it is presumed that natural ventilation is available; however this needs to be clarified.”

 

The Proposed Density

“The proposed density is considered satisfactory”.

 

Resource and Energy Use and Water Efficient

“There is insufficient detail provided with regard to the recommendations for natural ventilation to the new wing.  The drawings appear to be 1:400 and are very basic.  More information is required.”

 

The Proposed Landscape

“The landscape design has been developed as a very positive component of the actual and visual amenity for this development which is commendable.  The Panel supports these improvements.”

 

The Amenity of the Proposal and its Users

No specific comments

 

The Safety and Security Characteristics of the Proposal

No specific comments

 

Social Issues

No specific comments

 

The Aesthetics of the proposal

No specific comments

 

Summary

“The Panel continues to support this proposal however the new building works need to be more clearly documented in the application to enable a meaningful assessment of their environmental performance and aesthetics. 

 

The architects are highly regarded and there is no doubt they are capable of delivering good outcomes however the current drawings (landscape drawings excluded) are insufficient.

 

If the Applicant can provide drawings that resolve issues of cross ventilation, shading, materials and details to the satisfaction of the Council’s Officers the Panel does not need to review this application again.”

 

In relation to the above comments the applicant was made aware of these comments and amended plans were received together with a covering letter which addressed the issues.

 

In this regard the applicant has made the following response to issue 1 (relationship to the context of the proposal)-

 

“The panel recommendation for further detailed development of the landscaping treatment to the Porte Cochere is noted and will be detailed as part of the documentation for the Construction Certificate.”

 

Comment

This is considered to address the issue and a condition will be imposed.

 

In regard to the Resource and Energy Use issue-

 

“The proposed development at 1420 ANZAC Parade is an extension to the existing residential aged care facility. The original building and the proposed extension have both been designed to achieve cross ventilation. However it should be noted that the age and general health of the residents means it is also necessary to provide the option of mechanical ventilation to the rooms. Each room is fitted with an individually controlled air conditioning system.

 

The new work to the building is connected to existing energy and water systems.

 

Additional drawings which provide detail about cross ventilation, shading devices and materials as requested are attached.

 

Comment

The additional information which has been received showing the cross ventilation and exterior treatments is satisfactory. In view that both the Heritage Council of NSW and Council’s Heritage Planner have assessed the proposal and are satisfied with the aesthetics of the proposal subject to a condition, we consider that this issue is satisfied.

 

In regard to the Built Form-

 

“Sections at 1:50 showing details of cross ventilation, shading and materials are attached, as requested”

 

 

 

Comment

The amended plan shows details at a larger scale and is satisfactory subject to a further condition regarding finishes.

 

Local Area Police

By letter dated 27 September 2011 the Eastern Beaches Local Area Command has provided the following comments to the proposal-

 

A Safer by Design Crime Risk Evaluation has been carried out.

The crime risk rating for this development is medium on a sliding scale of low, medium and high risk.

 

There are no major objections to the proposal subject to conditions being applied to any consent. These conditions will address such issues as:

 

·         Increasing surveillance opportunities by installing good lighting and detection devices

 

·         Territorial reinforcement by clearly delineating private and public spaces

 

·         Space/Activity management which includes such strategies as activity coordination, maintenance, rapid repair of vandalism and graffiti and the removal of burned out lighting.

 

·         Designing for Access Control by creating landscapes and physical locations that channel and group people into target areas, spaces which attract rather than discourage people from gathering and restricting access to internal areas like car parks and rarely visited areas.

 

Drainage Comments

On site stormwater detention is not required for this development.

 

·       The applicant is required to submit detailed drainage plans to the certifying authority for approval prior to the issuing of a construction certificate.

 

Traffic Comments

The parking provision complies with Council’s DCP-Parking.

 

Given that 3 additional vehicular crossings were proposed along the Anzac Parade site frontage, (with 2 of these crossings required to serve a porte- cochere, the subject application was referred to the Randwick Traffic committee for comment. The minutes of the meeting follow:

 

As part of DA/547/2011, an application has been received to introduce to the front

of 1420 Anzac Parade, Little Bay, a porte-cochere driveway arrangement for the

aged care facility.

 

Associated with this arrangement would be a need to create, between the driveway

links, a full-time No Parking restriction.

 

Details of the porte-cochere and the exact location of the No parking restriction will

be tabled at the Committee meeting.

 

Traffic Committee Recommendation:

 

That:

1.   authority be given to the technical sub-committee (RTA / Police / Council’s officers) to make minor adjustments to the P 10 min parking, 7.00am-8.00pm parking restriction, adjacent to the entrance to 1420 Anzac Parade, Little Bay, in order to accommodate the proposed porte-cochère driveway arrangement; and

 

2.   the applicant be advised that the Traffic Committee considered that, in order to reduce the likelihood of vehicle / vehicle conflict and vehicle /pedestrian conflict, access to the proposed porte-cochère driveway be controlled by way of a rising bollard or a lockable fold-down bollard, so that access to the driveway is only available for ambulance vehicles.

 

The recommendations of the Randwick Traffic Committee have been incorporated in the conditions of consent.

 

Service Authority Comments

All services in the vicinity of the site are located underground.

 

Landscape Comments

The proposed works will involve amendments to the landscaping that was installed as part of the original development for Lot 48 (DA/43/2005), with the landscape design statement for this application detailing that a combination of more vibrant native and exotic species that can not only tolerate the poor quality, shallow soils and persistent coastal winds, while also creating more visual interest than the current scheme will be introduced, with conditions in this report requiring that the submitted plans be fully implemented, so as to ensure that a high quality treatment is maintained.

 

The nearest pockets of identified remnant bushland are firstly; near the corner of Harvey and Jennifer Streets, but with the exception of a narrow “finger” of land that extends northwards along Anzac Parade, is generally sited well away from the works, with further separation provided by the existing buildings.

 

While not referred to in the documentation, there is also a remnant bushland reserve adjacent the southeast corner of the site, facing Brodie Avenue, known as ‘Henry’s Trading Post’, and as the works in this area are shown as maintaining existing footprints, should not constitute a major threat; however, it is still recommended that precautionary conditions be imposed.

 

Existing canopy cover within the site comprises a closely planted row of five Ficus macrocarpa var. Hillii (Hills Weeping Figs) towards the western boundary, amongst the heritage gate posts, which are a major site feature that are shown as being incorporated into Courtyard 1 and the Children’s Playground, with relevant conditions to ensure tis provided.

 

The documentation also explains that there is a single Agonis flexuosa (Willow Myrtle) along the eastern boundary, in the northwest corner, in the raised sandstone outcrop, and a group of three Erythrina x sykesii (Coral Trees) to the north of the site, within the curtilage of the Henry’s Trading Post allotment, that will remain unaffected.

 

Building and Regulatory Services

In relation to building matters, the Manager of Health, Building and Regulatory Services has raised no objection to the development subject to standard conditions being imposed in relation to such issues as construction site management, compliance with the BCA, hours of work, noise control and waste management. Full compliance with the BCA and fire safety provisions is to be demonstrated prior to the release of the Construction Certificate.

 


Environmental Health

In relation to Environmental Health issues, the Manager of Health, Building and Regulatory Services has raised no objection to the development subject to standard conditions being imposed in relation to such issues as food safety, hairdressing and skin penetration procedures, operational hours, noise & amenity. One specific condition will require the submission and approval (by Council) of an acoustic report prior to the issue of the Occupational Certificate.

 

7.    Master Planning Requirements

 

There is an approved Master Plan for the Prince Henry site. It is deemed to be a site specific Development Control Plan. It identifies road and super lot subdivision layouts and nominates built form controls to accommodate a variety of housing types and other land uses.

 

The following indicative number of beds and controls are applicable:

Control

Requirement

Existing

Proposed

Complies

Number of Beds

100

137

170

No

No. Of Storeys

2-4

3

3

Yes

Required car parking nos.

10

 

60

Yes

Proposed underground

10

40

30

Yes

Ambulance bay

1

1

1

Yes

Disabled spaces

4

5

4

Yes

Footprint

3379

2479

2689

Yes

GFA sqm

11,277

 

8847

Yes

 

The proposal is consistent with the objectives and specific design requirements of the Master Plan.

 

8.    Relevant Environmental Planning Instruments

 

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

 

1.       Environmental Planning and Assessment Act 1979 as amended

2.       Environmental Planning and Assessment Regulation 2000

3.       State Environmental Planning Policy No.19 – Bushland in Urban Areas

4.       State Environmental Planning Policy 32 – Urban Consolidation

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

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

7.       Randwick Local Environmental Plan 1998 (Consolidation)

8.       Building Code of Australia

9.       Development Control Plan – Prince Henry Site

10.     Development Control Plan- Parking

11.     Development Control Plan – Public Notification of Development Proposals

12.     Asbestos Policy

13.     City Plan

 

(a)    Randwick Local Environmental Plan 1998

The site is zoned Residential D (Comprehensive Development Zone) under Randwick Local Environmental Plan 1998 and the proposed activity is defined as a residential care facility.

 

residential care facilities means accommodation for older people, including hostels and nursing homes, that includes:

(a)    meals and cleaning services, and

(b)    personal care or nursing care, or both, and

(c)    appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,

not being a dwelling, hospital or psychiatric facility. permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

The following relevant clauses apply to the proposal:

Clause 12A - Zone No 2D (Residential D – Comprehensive Development Zone)

Clause 20C – Site specific development controls 

Clause 20D -Traffic and transport measures in Zone 2D

Clause 22 – Services

Clause 27 – Aircraft Noise

Clause 28 – Tree Preservation Orders

Clause 40  -  Earthworks

Clause 40A - Site specific development control plans

Clause 42B - Contaminated land

Clause 43 -   Heritage conservation

 

Clause 9 - Objectives

Clause 9 of RLEP 1998 requires Council to consider the aims of the LEP and Zone objectives prior to determining any DA on land to which the RLEP applies. The purpose of this Clause is “To require the general aims of this plan and the specific objectives of each zone to be taken into account in the assessment and determination of development applications”. With reference to the general aims, the proposed development will not compromise the aims of the LEP in relation to heritage, aesthetic character, sustainability, environmental qualities and social amenity of the locality and contribute to the variety of housing types that does not compromise the amenity of the residential area, consistent with the specific zone objectives.

 

Clause 12A - Zone No 2D (Residential D – Comprehensive Development Zone)

The subject site is zoned Residential 2D under the Randwick Local Environmental Plan 1998 (Consolidation). The proposed development for alterations and additions to a residential; care facility is permissible with Council's consent under the zoning provisions applying to the land.

 

The proposal is also consistent with the following relevant objectives of the Residential D zone: 

 

(a)    To allow the comprehensive redevelopment of land for primarily residential and open space purposes;

(b)    To enable development that is consistent with a development control plan prepared in accordance with Clause 40A and approved by Council

(c)   To enable residential development in a variety of density and housing forms, where such development does not adversely affect the amenity and function of surrounding areas.

(f)    To encourage housing affordability.

 

In terms of objective (a) and (b), the proposal is a large scale development enabling a comprehensive redevelopment of the site within the Prince Henry area to be redeveloped for residential purpose largely consistent with the Prince Henry Site DCP which was prepared in accordance with principles outline in Clause 40A (previously Clause of the RLEP. In terms of objective (c), the proposed housing form comprises a good combination of adaptive re-use of two large heritage buildings with two large scale multi-unit housing buildings with minimal amenity impacts both internally and externally. Finally, referring to objective (f), the proposal will assist in housing affordability, by increasing the stock and supply of multi-unit housing in the locality thus putting downward pressure on demand for multi-unit housing.

 

Clause 20C – Site specific development controls 

Clause 20C outlines the relevant standards applicable to land that are the subject of built form control map inset. The Prince Henry Site has an inset shown in the LEP map and marked “Inset 3 – Prince Henry Built Form Controls”. Clause 20C states that the controls applicable to the subject site are as follows:

 

Control

Requirement

Proposal

Complies

Maximum FSR (on Lot 48

 

Maximum 0.9:1

0.82:1

ü

Maximum number of storeys

Maximum Number storeys 4

Eastern part of the site is limited to 2 storeys

The existing buildings remain unchanged And the new wing is 3 storeys high

ü

 

 

Maximum Wall Height

14 metres

Anzac Parade and Brodie Avenue are unchanged. The new wing has a maximum wall height of 10.29 metres.

ü

 

Maximum Building Height

15 metres

Maximum height 10.5 metres in the area of the site where a sun shade structure is located over a roof garden.

ü

 

Minimum Landscaped Area (% site area)

Minimum 40%

 

56%(per landscape plan details)

ü

 

Minimum Soft Landscaped Area

(% site area)

Minimum 20%

34%%(per landscape plan details)

ü

 

 

Clause 20D        Traffic and Transport measures in Zone 2D

Clause 20D requires relevant traffic or transport measures that may apply to land zoned 2D to be met in development proposal. A Traffic Impact Assessment Report has been prepared and forms part of the application. The report indicates that the increase in traffic generation from the proposed development will be minor and has estimated that it will generate in the order of 7 additional vehicle movements in the peak periods. The proposal has been referred to Council’s Engineer and has also been considered by Council’s Traffic Committee.  

 

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. 

Council’s engineer has reviewed the proposed stormwater drainage plans and has provided comments that are referenced in the above section ‘Technical Officers Comment’.

 


Clause 27 – Aircraft Noise 

This clause applies to land where the ANEF contour exceeds 20.  The subject site is located below the 20 ANEF contour.

 

Clause 28 – Tree Preservation Orders 

Conditions of consent are recommended to ensure that the existing heritage tree on Lot 52 DP270427 (8-18 Brodie Ave) is protected during and after works.  Council’s tree officer has also provided comments that are referenced in the above section ‘Technical Officers Comment’.

 

Clause 40           Earthworks

Clause 40 of the RLEP contains provisions for undertaking of excavation and filling of land. The proposal will require earthworks to be undertaken within the basement of the building to provide for a new hydrotherapy pool and change rooms and minor ground works, such as footings etc, to allow for the building of the new wing. It will not result in any significant impact on the topography of the site, is unlikely to interrupt the drainage patterns of the site or result in soil instability and will not adversely impact upon the scenic quality of the site and locality. Accordingly, the proposal is acceptable in relation to the provisions of Clause 40.

 

Clause 40A        Site specific development control plans

Whilst the subject site (lot 48) is significantly less than the 10,000 sqm land area that activates Clause 40A for a site specific development control plan to be prepared, it should be noted that the wider Prince Henry Site has been the subject of an earlier Master Plan, inclusive of the subject site, adopted by Council on 27 May 2003. The adopted Master Plan is now a Deemed DCP pursuant to amendments to the Environmental Planning and Assessment Act 1979 gazetted on 16 June 2005. The proposal is generally consistent with the Master Plan/Deemed DCP.

 

Clause 42B        Contaminated land

Clause 42B contains provisions for remediation of contaminated land to ensure that such land will be suitable for the purpose for which development is proposed. The Prince Henry site is subject to two separate Remediation Action Plans (RAP1 and RAP2) being for Chemical Contamination in the Soil and Asbestos Contamination in the Soil. These RAP’s were applicable to Lot 48 and remediation works were completed prior to the current facility being built. We understand that Council is in receipt of the relevant Site Audit Statements. Accordingly, the site will be suitable for the intended use.

 

Clause 43           Heritage conservation

Clause 43 requires among other things, that Council consider the effect of proposed development on the heritage significance of heritage items and heritage conservation areas. Given its location within a Heritage Conservation Area, a Statement of Heritage Impact (SHI) has been prepared by Graham Brooks and Associates and lodged with the development application in accordance with Clause 43. Additionally, a visual impact study showing the setting of Henrys trading post has been prepared by Eeles Trelease Pty Ltd.  The SHI has been assessed by Council’s Heritage Planner who has found that the proposal is generally acceptable in heritage terms. In addition, Council has referred the proposal to the Heritage Council of NSW and the Council has advised that no objections are raised to the proposed development and GTAs have been issued dated 2 September 2011.

 

8.1 Policy Controls

a.      Development Control Plan – Prince Henry Site

The table below assesses the proposal against relevant controls of the DCP – Prince Henry Site.

 

DCP Control

Proposal

 

1.9 HERITAGE REQUIREMENTS

 

A Heritage Impact Statement (HIS) is required with any Development Application.

The development application includes a Heritage Report prepared by Graham Brooks and Associates.

Significant built and landscape elements  should be retained and conserved.

There are 2 significant landscape elements identified in Figure 3 of the Development Control Plan. They are the gate of the former CEO’s residence and a group of trees. The proposal will not have a detrimental affect upon these items.

2.6 HERITAGE CONTEXT

Figure 4 of the Development Control Plan shows built and landscape heritage items within the Development Control Plan site.

 

The proposed development is in the vicinity of five identified items (former entrance to the CEO’s residence, sandstone outcrop, Henry’s Trading Post, Flowers Ward 1 and Flowers Ward 2.) The proposal has been reviewed by a Heritage Consultant (on behalf of the applicant) and the Heritage Council and Council’s Heritage Planner and is satisfactory in this regard.

4.1 BUILDING ENVELOPE

 

 

i  New buildings must comply with the requirements in the Built Form Control Table (Figures 6-7, Part 2) and the building envelopes indicated in Part 7 – Precinct Controls of DCP.

 

Complies.

4.2 HEIGHT

 

 

i     The external wall height of a building must not exceed the maximum wall height for that lot indicated in the Build Form Control Table (Figures 6-7, Part 2)

 

The addition will have maximum wall height of 10.5 metres which complies with the 14m wall height controls in the Build Form Control Table.

 

ii No of storeys in any building does not exceed the number shown in relevant Precinct Control diagram and Built Form Control Table

 

 

The proposal is for a 3 storey addition which complies with the 4 storey maximum for this site.

iii   Minimum floor to ceiling height of 2.7m for habitable rooms in new buildings.

 

Minimum flor to ceiling 2.7m. Complies.

iii   Earth filling only for and not access and infrastructure and landscaping and not for elevating buildings.

N/A to this proposal as no earth filling is proposed.

4.3 BUILDING DEPTH 

 

 

i     Building depth to consistent with relevant Precinct Controls.

 

 

N/A. No building depths specified.

I    In multi unit housing, building depths to allow for dual aspect apartments.

N/A this proposal is not defined as multi unit housing.

4.4 DENSITY

 

 

i     Maximum FSR not to exceed FSR control indicated in the Build Form Control Table

 

 

 

The proposed FSR complies with the maximum for the site of 0.9:1 (0.76:1 proposed.

4.5 SETBACKS 

 

 

i     The building setbacks must comply with the setbacks contained in the Precinct Controls.

 

 

The setbacks comply with the setbacks illustrated in Figure 12:Precicnt P3-1.

ii    New buildings to maintain significant views and heritage views and vistas as identified in Part 2. 

 

No significant views are identified in Figure 2 of the Development Control Plan.

iii   New buildings to be sited and designed to form a strong predominately continuous built edge to the primary street frontage and public parks and pathways.

N/A. This is an alteration to an existing building and is proposed at the rear of the site away from the primary street frontage.

4.6 BUILDING ARTICULATION 

 

 

i     Building articulation am to be consistent with the articulation areas identified in the precinct specific controls in Part 7.

 

Building articulation will be consistent with that identified in the Precinct P3 and Historic Precinct controls. This is shown in the architectural package Appendix 2.

ii    New Building articulation must not extend forward of the identified building articulation area.

 

Complies.

iii   Building articulation should respond to the environmental conditions of the site including orientation, breezes and privacy.

Complies. The Site Analysis indicates appropriate response to environmental conditions and the existing built form on the site.

iv   The maximum unarticulated building length is 9 metres along the primary street frontage and 10 metres along the secondary street frontages.

 

N/A The proposed alterations and additions are not located along the primary street frontage. The building is set back greater than 10 metres to the Brodie Street frontage.

v    Buildings are to be aligned predominately parallel to the street and provide a clear street address

 

N/A. The proposed alterations will not alter the existing buildings relationship with Anzac Parade.

vi   Building entries are to address the primary street frontage and should form an integral part of the façade.

 

Complies. The primary entrance to the building is from Anzac Parade

vii  All facades, including rear facades, must include windows.

All facades of the proposed new extension will have windows.

viii  Multi-unit developments must provide street entrances to at least 50% of units that face the street or public open space.

N/A. The proposal is not for multi –unit housing.

ix   A min of 30% and max 60% of building articulation area for the building may be used.

 

Complies.

x    Up to 30% of building articulation of any floor on any façade may comprise lifts, stairwells and associated lobby space.

Complies.

xi   Up to 20% of the articulation of any floor on any façade may comprise glazed stairwells and lobby space.

N/A. Glazed stairwells are not proposed.

xii   Large areas of glazing should be modulated by louvers, fins or the like.

 

 

xiii  Windows and other glazing must be set back from the structure by a minimum of 80mm.

Complies.

xv  Grilles and transparent shutters are to have a minimum 70% transparency. Solid roller shutters, screens or grilles on dwellings are not appropriate.

No shutters or grilles proposed  Exterior venetian blinds are to be used for shade protection of the windows in the place of the existing louvres.

4.7 LANDSCAPED AREA & PRIVATE OPEN SPACE 

 

 

a)  General

i     A Landscape Plan, prepared by a suitably qualified professional, must be submitted as part of DA.

 

Landscape plan prepared by Aspect Studios forms part of the development application.

ii    Landscaped area on each site must not be less than the minimum percentage indicated in the Built Form Control table (Figures 6-7, Part 2)     

Complies. 57% landscape area proposed. 40% required.

iii   Soft landscaped area on each site must not be less than the minimum percentage indicated in the Built Form Control table (Figures 6-7, Part 2)

Complies. 33% soft landscape area proposed. 25% required.

 

iv   At least two-thirds of area occupied by external car parks, driveways, courtyards, pathways and the like are to be laid with porous paving. Areas above underground parking and driveway ramps steeper than 1 in 10 are excluded from the calculation for this requirement.

Subject to a condition to ensure that at least 30% of the new hard surfaces will be porous paving or equivalent material.

4.8 LANDSCAPE DESIGN AND BIODIVERSITY

 

i     Landscaping must include a predominance of:

-    native plant species (refer to Appendix A for appropriate species)

-    species that are drought resistant, and require minimal watering once established, or species with water needs that match rainfall and drainage conditions

-    water conserving landscape practices/ designs, including plant selection mulching, hydro zoning and multi storey planting

-    native ground covers and grasses in garden beds and path surrounds (turf is to be confined to useable outdoor areas)

-    where applicable, landscaping must be consistent with any relevant SECP or Plan of Management (POM).

 

 

SEE Landscape Design Report and Landscape Plan submitted generally apply these principles including selection of appropriate native plantings suitable for the location and assist in energy and water use reductions.

 

ii    Landscape plans are to demonstrate how the  design responds to site’s microclimate to ensure that species survive and provide protection from wind and sun.

 

Addressed in Landscape documentation.

 

 

 

iv   Trees and shrubs are to be selected and positioned to maximise solar penetration in winter and minimise it in summer (eg deciduous plants on the north side of private open space).

 

Addressed in Landscape documentation

 

v    Pergolas and awnings should be located to shade external areas and control sunlight into buildings.

 

Shade structures have been incorporated into the design.

vi   Landscape areas are to be contoured to encourage stormwater runoff to infiltrate to ground.

 

Addressed in Landscape documentation and can be applied as a condition of consent.  

 

vii  Garden irrigation and watering systems to be connected to rainwater storage facilities, where applicable.

 

Irrigation connected to grey water system and can be applied as a condition of consent.

viii  Avoid planting that may obscure building entries or surveillance of street and pedestrian paths.

 

Plantings will not obscure building entries or surveillance of street and pathways.

 

ix   Minimise impact of driveways through materials selection and appropriate screen planting.

The driveways exist. The new driveway to the at grade parking is softened by landscaping.

x    Garden structures such as gazebos, clothes lines, play equipment, swimming pools, and spa baths, are not permitted in front gardens. These structures and paved areas must be sited to avoid damage to existing trees and their root systems.

Not applicable to this development application.

xi   Landscaped areas must include an area dedicated to on-site composting of a size relevant to the number of dwellings and the landscaped area it serves.

Adequate areas will be available for composting purposes – condition to be applied.

4.11           SOLAR ACCESS

 

i     Shadow diagrams, including elevations showing shadow impacts on any walls (and windows) of adjoining development and any remnant bushland, must be submitted with DA for all new buildings of two or more storeys.

Complies. Shadow diagrams lodged with Development Application.

 

 

ii    Dwelling orientation, siting, layout and landscaping are to ensure solar access to living areas and private open space, and maximise use of cooling breezes.

 

Complies. The amended plans  maximise solar access and natural ventilation to the new rooms. As a result there may be some overshadowing to some existing rooms however residents are able to seek out sun within other parts of the development.

iii   Principal living room/s of a new dwelling must be designed to achieve not less than three (3) hours of sunlight between 9am and 3pm on 21 June.

 

The rooms within the new wing will comply however the new wing will overshadow some of the existing rooms. Consideration must be given to the nature of this use and the fact that residents have the opportunity to move around the facility and to follow the sun by utilising different parts of the centre if they seek to.

iv   Residential re-use of existing heritage buildings should demonstrate that a reasonable level of solar access is provided, where it cannot meet the minimum requirements specified above.

N/A.

v    Sunlight access to at least 50% of primary private and communal open space area of adjoining properties must be achieved for at least 3 hours between 9am and 3pm on 21 June.

 

Complies.

 

vi   Maximise north facing roofs on new buildings. Roof areas shall be appropriate size, orientation and pitch, suitable for the installation of solar collectors.

 

No new solar collectors are proposed as part of this application however solar collection is already utilised on this site.

4.12 ACOUSTIC PRIVACY

 

     Various requirements to ensure a high level of amenity by providing for adequate levels of acoustic privacy within the development.

The proposal has been designed to achieve compliance with the relevant acoustic criteria as specified for multi-unit housing, therefore no adverse affects internally within the development are likely.

The proposal will comply with the relevant section of the BCA.

There is ample separation between this development and its neighbours and therefore no adverse impacts with regard to acoustic privacy are likely.

4.13 VISUAL PRIVACY

 

Various requirements to ensure that visual privacy is maximized within the development and to its nearest neighbours.

Given the ample spatial separation between this development and its nearest residentail neighbour to the east, there is unlkiley to be any adverse impact upon the visual privacy of any neighbour.

Views have been taken into account in the design of the extension and no views will be adversely affected.

The proposal has been well designed to ensure that the privacy within the development is satisfactory.

4.15 ROOF DESIGN

 

Various requirements to ensure that the design of a roof minimises the bulk and scale of the building and to provide for the energy efficiency of the development by providing areas for solar collection

The proposed roof is a combination of  a simple flat roof with a roof garden incorporated into the design. The proposed roof will compliment the roof of the existing building. The Architectural Panel has raised no issue with the design of the roof and is satisfactory with regard to the controls..

4.16 FENCES

 

Various requirements to ensure that the public and private domains are defined, to provide privacy and security and to contribute positively to the public domain

The front fence to Anzac Parade will not change. The other fencing around the site will be rationalised to provide a consistent style for this site. The fencing will satisfactorily define the property boundaries and complement the development.

4.17 SAFETY AND SECURITY

 

Various requirements to ensure  that the development provides for casual surveillance of streets and open spaces and provides for safe and secure living for the residents of this development.

The development application has been referred to the Local Area Command and examined from a security and safety perspective. No major objections have been raised subject to conditions being imposed. 

4.18 MATERIALS AND FINSIHES

 

A sample board, showing colours and finishes is to be submitted with the development application.

 

As the proposal is alterations and additions to an existing development, the extension will be required to match those of the existing development. Conditions have been imposed by the Heritage Council of NSW and the Council’s Heritage Planner. A condition of consent will require that the colours, materials and finishes of the external surfaces of the new wind be compatible with the existing building.

4.19 SIGNS

 

All signs are to comply with SEPP64 and RCC Outdoor Advertising DCP.

 

The application includes a State Environmental Planning Policy 64 assessment. The signage is appropriate for the site.

Location and/or space for future signs is to be detailed in the Development Application plans.

The proposed signage is shown on the architectural plans.

5.1 ENERGY & GREEN HOUSE

 

Various Controls to ensure that non renewable energy resources are minimised and to provide for energy smart living in the design of buildings.

This application is for alterations and additions to an existing building. The energy efficiency initiatives which have been incorporated into the existing building will be maintained.

5.2 TOTAL WATER CYCLE MANAGEMENT

 

DA to include a Sustainable Building Report, which demonstrates how the proposed development is consistent with the Total Water Cycle Strategy.

 

The development currently employs water saving measures. The storm water from this site is discharged to site infrastructure for re-use by the golf course.

5.4 WASTE MANAGEMENT AND MINIMISATION

 

A waste management plan must be submitted with the application.

Operational waste will be managed in accordance with the existing Waste Management Plan.

6.3 VEHICLE ACCESS AND PARKING

 

The requirement is 1 space per 10 beds plus 1 space per 2 staff on duty plus 1 ambulance bay .

Complies with Council’s requirements and also State Environmental Planning Policy Seniors Housing 2004.

6.4 DRIVEWAY DESIGN

Engineers – See Section 6 above.

7 PRECINCT SPECIFIC CONTROLS

 

PRECINCT P3

Built Form

i     Building heights, FSR and landscaped areas are to comply with the Built Form Control Table

Complies. Proposed built form generally consistent with the Built form controls.

ii    The following minimum building setbacks apply

Anzac Parade property boundary  7m

Brodie Avenue property boundary 7m

 

Complies.

iii   Buildings adjacent to Anzac Parade are to be aligned and designed to give an attractive edge and address to Anzac Parade.

Complies.

iv   Residential building setbacks areas facing Anzac Parade are to incorporate a 3m landscaped strip (as part of the 7m setback) and low fencing, with both fencing and landscaping contributing to privacy and a high level of amenity.

Complies.

v    Development on Lot 20 and Lot 22-30b is to match the building alignment of existing heritage buildings (in the adjacent Historic Precinct) as identified on Figure 12.)

The proposal complies with the building line requirements.

Landscaping

vi   Landscaping plans for lots adjacent to remnant bushland must demonstrate that species planted will not result in any weed invasion or overshadowing of this bushland

 

 

N/A The subject site is not adjacent to remnant bushland.

vii An asset protection zone of 8m min is to be provided between new buildings and any remnant bushland consistent with the requirements of the NSW Fire Brigades, Bushfire Hazards section.

N/A The subject site is not adjacent to remnant bushland

viii Buildings adjacent to the southern bushland must meet the objectives of this PoM.

N/A The subject site is not adjacent to remnant bushland

ix Landscaping paths, driveways and the like adjacent to the southern bushland are to be designed to ensure no stormwater runoff into the remnant bushland areas.

N/A The subject site is not adjacent to remnant bushland

x Development must demonstrate consideration of the Bushland Plan of Management In particular, development must meet the objectives of this POM.

N/A The subject site is not adjacent to remnant bushland

Heritage

xi. All development must be in accordance with the CMP, AMP and any relevant Specific Elements Conservation Policy and must demonstrate that:

·        new buildings maintain an appropriate setting for the Historic Precinct, particularly significant buildings and landscape features in the vicinity such as the Flowers Wards, Henry’s Trading Post, Heffron House and the Delaney Building;

 

·        the entrance gates to the former CEO’s residence are to be incorporated into the landscaping for the Aged Care Facility

 

·        Significant landscape heritage elements such as outcropping sandstone adjoining the Historic Precinct are conserved and incorporated into the landscape design for the development

 

·        Landscaping in this precinct compliments that in the adjoining Historic Precinct

 

 

The development application includes a Heritage Statement which has been prepared by Graham Brooks and Associates. No issues are raised with respect to these considerations. Council’s Heritage Officer has raised no issues.

 

8.2    Council Policies
There are no applicable Council Policies.

 

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.

 

(i)        Any Environmental Planning Instrument

 

State Environmental Planning Policy No.19 – Bushland in Urban Areas

This SEPP does not apply to Lot 48.

 

State Environmental Planning Policy No.32 – Urban Consolidation (Redevelopment of Urban Land)

The subject site is classified as “urban land” under Clause 4 of the SEPP. The proposal complies with the stated objectives of this SEPP.

 

State Environmental Planning Policy No. 55 – Remediation of Land

State Environmental Planning Policy No.55 aims to promote the remediation of contaminated land for the purposes of reducing risk of harm to human health or any other aspect of the environment. The whole of the Prince Henry site is subject to two Remedial Action Plans. These RAPs were applicable to the subject site and it is our understanding from the applicant’s Statement of Environmental Effects that these remedial works were undertaken prior to the site being developed for aged care. Council will be in receipt of the required documentation.

 

State Environmental Planning Policy No.64 – Signage

The requirements of this SEPP have been considered and are satisfactory in this instance.

 

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

The applicant had received advices from Blackett Maguire Consultants and Wallis Splat that a Basix certificate is not required in this instance.  The following information has been received from Wallis and Splat-

 

“A BASIX Certificate is only required for a Class 1 and Class 2 buildings.

We understand that Lot 48 development is a Class 9c -"an aged care building". Therefore, a BASIX certificate is not required.”

 

State Environmental Planning Policy (Housing for Seniors and Persons with a Disability 2004)

As this proposal is alterations and additions to an existing residential care facility, the provisions of this SEPP must be taken into consideration.

 

The proposal is defined as “residential care facility” under Clauses 11 of the SEPP. 

The relevant provisions of the SEPP are addressed as follows:

 

Clause

Requirement

Proposal

Compliance

Chapter 1 Preliminary

2

Aims of Policy

 

 

 

(a) increase the supply and diversity of residences that meet the needs of seniors or people with a disability,

The proposal will increase the supply and diversity of residential accommodation for seniors or people with a disability.

Complies

 

(b) make efficient use of existing infrastructure and services, and

 The development will make efficient use of existing infrastructure and services.

Complies

 

 

 

 

 

 

(c) be of good design. 

As is discussed within the body of this report, the proposed development is considered to be of good design.

Complies

Chapter 2 Key concepts

15

This Chapter allows the following development despite the provisions of any other environmental planning instrument if the development is carried out in accordance with this Policy:

 

(a) development on land zoned primarily for urban purposes for the purpose of any form of seniors housing

The subject site is zoned for comprehensive development.

Complies

Chapter 3 Development for seniors housing

Part 2 Site-related requirements

26

Location and access to facilities

 

 

 

(1) Residents of the proposed development will have access that complies with subclause (2) to:

 

(a) shops, bank service providers and other retail and commercial services that residents may reasonably require, and

 

(b) community services and recreation facilities, and

 

(c) the practice of a general medical practitioner

The subject proposal entails alterations and additions to an existing aged care facility which was approved in 2005 as part of a comprehensive redevelopment of the Prince Henry Site. .The subject site is located within 400m of the neighbourhood retail centre which is currently being constructed north of the facility and the facility itself provides other facilities such as some medical services, a small café and hairdresser. In addition, a full range of services is available at Maroubra Junction Town Centre. This is accessible by bus.

 

A level and sealed footpath, which appears to comply with the access gradients is available along Anzac Parade and public bus stops are located on both sides of Anzac Parade within 400m from the site.

 

The proposed development also provides communal gardens, activity rooms and dining facilities for the residents.

 

In regard to the requirements of Clause 26, the aged care facility already exists and it appears, has been able to provide a reasonable level of access to other facilities and services within the locality of this site.

Complies

27

Bush fire prone land

The site is not located within bush fire prone land.

N/A

28

Water and sewer

 

 

 

The consent authority must be satisfied that the housing will be connected to a reticulated water system and have adequate facilities for the removal or disposal of sewage.

The provision of civil and utility services will be required by standard conditions.

Complies, the facility is already developed as an aged care facility.

29

Consent authority to consider certain site compatibility criteria for development applications to which clause 24 does not apply

The site is zoned to permit the proposed use.

 N/A

Part 3 Design requirements

30

Site analysis

 

 

Division 1 general

 

(1) The consent authority is to be satisfied that the applicant has taken into account a site analysis prepared by the applicant in accordance with this clause.

A detailed site analysis was submitted and considered by Council with the initial application. The proposal is supported by concept and contextual analysis drawings. Given that this proposal is for alterations and additions to an existing development, the provided information is acceptable in this instance.

Satisfactory

 

(2) A site analysis must:

(a) contain information about the site and its surrounds as described in subclauses (3) and (4).

(b) be accompanied by a written statement:

(i) explaining how the design of the proposed development has regard to the site analysis, and

(ii) explaining how the design of the proposed development has regard to the design principles set out in Division 2.

32

Design of residential development

The consent authority is to be satisfied that the proposed development demonstrates that adequate regard has been given to the principles set out in Division 2.

 

Addressed below.

 Complies.

Division 2 Design principles

33

Neighbourhood amenity and streetscape

The proposed development should:

 

 

 

(a) recognise the desirable elements of the location’s current character so that new buildings contribute to the quality and identity of the area, and

The proposed alterations and additions have been designed to complement the existing building. The proposal has been assessed by the Architectural Review Panel and is considered to be acceptable in regard to urban design qualities

 

Satisfactory

 

(b) retain, complement and sensitively harmonise with any heritage conservation areas in the vicinity and any relevant heritage items that are identified in a local environmental plan, and

This has been addressed as part of the development application and reviewed by both the Heritage Council of NSW and Council’s heritage Advisor and considered to be satisfactory.

 

Satisfactory

 

(c) maintain reasonable neighbourhood amenity and appropriate residential character by:

 

(i) providing building setbacks to reduce bulk and overshadowing, and

(ii) using building form and siting that relates to the site’s land form, and

(iii) adopting building heights at the street frontage that are compatible in scale with adjacent development, and

(iv) considering, where buildings are located on the boundary, the impact of the boundary walls on neighbours, and

·   Appropriate building setbacks have been provided to minimise adverse visual and amenity impacts on the adjoining properties. Refer to the “Environmental Assessment” section of this report for details.

 

· The proposed floor space and height comply with the requirement for this site.

 

Satisfactory

 

(d) be designed so that the front building of the development is setback in sympathy with, but not necessarily the same as, the existing building line, and

The site has frontages to Anzac Parade does not change as a result of the proposal. The setbacks as proposed a satisfactory and no objections have been raised.

Satisfactory

 

(e) embody planting that is in sympathy with, but not necessarily the same as, other planting in the streetscape, and

The landscape plan has provided a suitable combination of trees, shrubs and ground covers to provide an aesthetically pleasing presentation to the streets and surrounding lots.

Satisfactory

 

(f) retain, wherever reasonable, major existing trees, and

The significant fig trees (Ficus microcarpa ‘hilli’) on the site will remain and will not be impacted by the development.

Satisfactory

 

(g) be designed so that no building is constructed in a riparian zone.

Not applicable.

N/A

34

Visual and acoustic privacy

 

 

 

The proposed development should consider the visual and acoustic privacy of neighbours in the vicinity and residents by:

 

(a) appropriate site planning, the location and design of windows and balconies, the use of screening devices and landscaping, and

 

(b) ensuring acceptable noise levels in bedrooms of new dwellings by locating them away from driveways, parking areas and paths.

· The design scheme have incorporated suitable setbacks and utilised various measures to minimise privacy impacts on the neighbouring properties, including landscaping, screening devices and location of windows.

 

· Noise impact on the proposed residential accommodation is minimised by the location of the driveway on the western extremity of the site, with the parking facilities being contained within the basement.

 

· A condition is recommended to request an acoustic report prior to the release of the occupational Certificate to specify that all mechanical plant and equipment complies with the NSW EPA industrial Noise Criteria to ensure adequate living amenity is achieved.

Satisfactory

35

Solar access and design for climate

 

 

 

The proposed development should:

 

(a) ensure adequate daylight to the main living areas of neighbours in the vicinity and residents and adequate sunlight to substantial areas of private open space, and

 

(b) involve site planning, dwelling design and landscaping that reduces energy use and makes the best practicable use of natural ventilation, solar heating and lighting by locating the windows of living and dining areas in a northerly direction.

· The proposed development will retain an acceptable level of direct sunlight to the adjoining residential properties. A detailed discussion is provided in the “Environmental Assessment” section of this report.

 

· Due to the nature of this use, i.e it is a residential aged car facility, residents are free to move around the facility to enjoy solar access during all time of the day. There is ample space both inside and out which can be utilized during the day for good amenity.

Satisfactory

36

Stormwater

 

 

 

The proposed development should:

 

(a) control and minimise the disturbance and impacts of stormwater runoff on adjoining properties and receiving waters by, for example, finishing driveway surfaces with semi-pervious material, minimising the width of paths and minimising paved areas, and

 

(b) include, where practicable, on-site stormwater detention or re-use for second quality water uses.

Standard conditions are recommended to ensure the development complies with Council’s stormwater management requirements.

Satisfactory. The site is already connected to the stormwater system.

37

Crime prevention

 

 

 

The proposed development should provide personal property security for residents and visitors and encourage crime prevention by:

 

 

 

(a) site planning that allows observation of the approaches to a dwelling entry from inside each dwelling and general observation of public areas, driveways and streets from a dwelling that adjoins any such area, driveway or street, and

The proposal has been examined by the Local Command and the Architectural Design Panel and security and surveillance issues have been addressed to their satisfaction subject to conditions of consent.

Satisfactory

 

(b) where shared entries are required, providing shared entries that serve a small number of dwellings and that are able to be locked, and

The proposal has been examined by the Local Command and the Architectural Design Panel and security and surveillance issues have been addressed to their satisfaction subject to conditions of consent.

Satisfactory

 

(c) providing dwellings designed to allow residents to see who approaches their dwellings without the need to open the front door.

The proposal has been examined by the Local Command and the Architectural Design Panel and security and surveillance issues have been addressed to their satisfaction subject to conditions of consent.

Satisfactory

38

Accessibility

 

 

 

The proposed development should:

 

(a) have obvious and safe pedestrian links from the site that provide access to public transport services or local facilities, and

(b) provide attractive, yet safe, environments for pedestrians and motorists with convenient access and parking for residents and visitors.

· The principal entries to the development are clearly identifiable.

 

· The footpaths on Anzac Parade are overlooked by the windows of the building.

 

· Separate access has been provided for pedestrian and vehicular traffic.

Satisfactory

39

Waste management

 

 

 

The proposed development should be provided with waste facilities that maximise recycling by the provision of appropriate facilities.

The submitted drawings show the provision of garbage rooms within the development.

 

A standard condition is recommended to ensure adequate waste management measures are implemented during the operational phase.

Satisfactory, subject to condition

Part 4 Development standards to be complied with

Division 1 General

40

Development standards – minimum sizes and building heights

 

 

 

(2) The size of the site must be at least 1,000 square metres.

The land area of the site is 10,350m2.

Complies

 

(3) The site frontage must be at least 20m wide measured at the building line.

The Anzac Parade frontage exceeds 20 metres.

 

Complies

 

(4) Height in residential zone where residential flat buildings are not permitted

The site is partly zoned Comprehensive Residential  where residential flat buildings are permissible with consent. This clause is therefore not applicable to the proposal.

N/A

Division 2 Residential care facilities – standards concerning accessibility and useability

 

Refer to the Commonwealth aged care accreditation standards and the Building Code of Australia.

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

Complies, subject to condition


 

Division 3 Hostels and self-contained dwellings – standards concerning accessibility and useability

41

Standards for hostels and self-contained dwellings

 

 

 

(1) A consent authority must not consent to a development application unless the proposed development complies with the standards specified in Schedule 3 for such development.

Specific conditions are recommended to ensure compliance with the standards stated under Schedule 3 of the SEPP.

Complies, subject to conditions

Part 6 Development for vertical villages

45

Vertical villages

 

 

 

A consent authority may consent to seniors’ housing development having a density and scale that exceeds the floor space ratio permitted under another environmental planning instrument by a bonus of 0.5 added to the gross floor area component of that floor space ratio.

The development standards contained within RLEP 1998 (Consolidation) do not apply to the proposal as it is made pursuant to the provisions of the SEPP for permissibility.

 

The development scheme does not propose any affordable places as defined under the SEPP.

 

Therefore, the provisions of Part 6 do not apply to the subject proposal.

N/A

Part 7 Development standards that cannot be used as grounds to refuse consent

Division 2 Residential care facilities

48

Standards that cannot be used to refuse development consent for residential care facilities

A consent authority must not refuse consent to a development application made pursuant to this Chapter for the carrying out of development for the purpose of a residential care facility on any of the following grounds:

Addressed below.

 

 

(a) building height: if all proposed buildings are 8m or less in height, or

The proposed RACF building will exceed 8m in height. The height and scale of the proposed development are considered to be satisfactory.

N/A

 

(b) density and scale: if the density and scale of the buildings when expressed as a floor space ratio is 1:1 or less,

RACF: 0.82:1

The scale and density of the development are considered to be satisfactory.

Complies

 

(c) landscaped area: if a minimum of 25m2 of landscaped area per residential care facility bed is provided,

Approximately 35m2 of soft landscaped area per aged care facility bed is provided

Complies

 

(d) parking for residents and visitors: if at least the following is provided:

 

(i) 1 parking space for each 10 beds in the residential care facility (or 1 parking space for each 15 beds if the facility provides care only for persons with dementia), and

 

(ii) 1 parking space for each 2 persons to be employed in connection with the development and on duty at any one time, and

 

(iii) 1 parking space suitable for an ambulance.

(i) The development allocates 60 car spaces for the RACF.  The requirement is for 54 spaces. 1 ambulance Bay is also provided. 

Complies

 

Randwick Local Environmental Plan 1998

The provisions of the Randwick Local Environmental Plan have been discussed above.

 

(ii)       Any Draft Environmental Planning Instrument

No draft Environmental Planning Instrument applies in the assessment of the subject DA.

 

(iii)      Any Development Control Plans, Council Policies or Codes

 

Randwick Prince Henry Site Development Control Plan

The Development Control Plan for the site is considered in Section 8.1 of this report.

 

Randwick Parking Development Control Plan

This Development Control Plan has been taken into consideration. A fully detailed traffic and parking report forms part of the development application and has made an assessment of the parking and servicing arrangements.

 

The existing facility provides for 40 Basement car parking spaces, 3 at grade car parking spaces, an ambulance drop off and pick up zone, and a loading dock. A total of 43 car spaces are provided.

 

The proposal seeks to increase the onsite car parking and to provide for improved ambulance access arrangements. There will be the creation of three new driveways from Anzac Parade to provide for a new entry and exit to an ambulance bay with a porte cochre. There is also a combined entry /exit for the new at grade car park which will have 12 spaces. The principle entry to the basement car park from Brodie Avenue will remain unchanged.

 

Part 2 of the DCP for Parking provides a parking requirement for aged care at a rate of 1 space per 10 beds,  1 car space per two staff on duty and 1 ambulance Bay  The Development Control Plan is consistent with the car parking rates under the SEPP for Seniors or People with a Disability.

 

The proposal requires a total of 60 spaces to be provided.  60 Spaces are provided within the basement carpark with an additional 30 spaces in a new at grade car park and the proposal therefore complies with the car parking requirement.

 

The car parking layout complies with the relevant Australian Standard.

 

Randwick Outdoor Advertising Development Control Plan

As well as SEPP 64, the provisions of this Development Control Plan have been considered. The proposal is for 2 identification signs. The signage identifies the business name. The proposal is considered to satisfy the requirements of the Development Control Plan.

 

Prince Henry Master Plan (Deemed Development Control Plan)

This has been considered in Section 7 of this report.

 

Development Control Plan - Public Notification of Development Proposals

 

The proposal was notified under this development control plan.

 

(iiia) Any Planning Agreement

No Planning Agreement is proposed between the developer and Council.

 

(iv) The Regulations

Section 79C (1) (a) (iv) requires the consent authority to consider the regulations where they prescribe matters for consideration under Section 79C (1) (a) (iv) that are or relevance.  The regulations prescribes 2 matters relevant relating to: compliance with the provisions of Australian Standard AS 2601-1991; and consideration whether it would be appropriate to require the existing building to be brought into total or partial conformity with the Building Code of Australia. 

 

A condition is recommended in relation to demolition works.  Conformity of the buildings with the BCA has been addressed by Council’s building surveyor.  Refer to above section ‘Technical Officers Comments’.

 

These matters have been discussed within Section 8 of this report.

 

(iv)     Likely Impacts of the Development

 

Views

There will be a negligible impact on views currently enjoyed from surrounding residential properties and the public domain.

 

Traffic

The traffic report submitted by the applicant indicates a very low traffic generation which would not have a significant effect on the operation or amenity of the surrounding road network and intersections.  The assessment of the report is reasonable and adequate.  Council’s traffic engineer has reviewed the application and raised no concerns.

 

Social and Economic Impacts

The proposal will result in a positive impact. The proposal will provide for increased beds for an aged care facility and improve the operational and service arrangements.


(v)      Suitability of the Site for the Development Proposed

The site is suitable for the proposed development given:

 

-      The proposed development is permitted under the zoning and will be consistent with the objectives of the zone.

-      The subject site is developable land which is specifically identified under the master plan as a location for dwelling units

-      The proposal will not have an adverse impact on any item of environmental, archaeological, heritage or cultural significance.

-      The development will appropriately respond to the environmental conditions and site constraints.

-      The site consists of adequate water and sewage facilities that are capable of being adapted for the proposed development. 

-      The site will be adequately drained.

-      There will be no prohibitive constraints posed by adjacent land uses. 

-      The development will not lead to unmanageable transport demands.  There are adequate transport facilities in the area.

-      Ambient noise levels, air quality and microclimate will be suitable for the development.

-      Soil characteristics are appropriate for the development.

 

(vi)     The public Interest

The proposal is considered to be in the public interest

 

(d) Any submissions made

There were no submissions received to this proposal.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:         A vibrant and diverse community.

Direction 2d:        The provision of a greater number of aged care beds within the community.

Outcome 4:         Excellence in urban design and development.

Outcome 4a         Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

This is a proposal for alterations and additions to an existing aged care facility at the Prince Henry site.

 

 

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. 547/2011 for alterations and additions to the existing aged care facility including construction of a new 3 storey addition to the northern side of the existing building, increase the total number of beds from 137 to 170, reconfiguration of the internal layout, new signage and associated landscape and site works at No. 1420 Anzac Parade, Little Bay, 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

DA.01 Issue B,  DA.02 Issue B, DA.03 Issue B, DA.04 Issue B dated 11/7/11, DA.05 Issue C dated 18/7/11, DA.06 Issue B, DA.07 Issue B, DA.08 Issue B dated 18/7/11, DA.09 Issue A, DA.10 Issue A dated 15/7/11, DA.19 Issue B, DA.20 Issue B, DA.21 Issue B, DA.22 Issue B dated 15/7/11 dated 18/7/11, DA.25 Issue A dated 18/7/11 as amended by detail plan DA.23 Issue A dated 13/10/11.

Eeles Trelease Pty Ltd Architects

Various.

Refer to plan nos.

Landscape Drawing Nos. 11016-DA01 Rev A, 110016-DA02 Rev A, 11016-DA03 Rev A, 11016-DA07 Rev A, 11016-DA08 Rev A

Aspect Studios

All dated 15 July 2011

Equinox: Shadow study isometric, Shadow study in Plan; Winter Solstice; Shadow Study in Isometric; Winter solstice Shadow Study

in Plan; Summer Solstice Shadow Study in Isometric; Summer solstice shadow Study in Plan.

 

 

Statement of Heritage Impact (SHI)

prepared by Graham Brooks and Associates Pty Ltd

dated July 2011.

Statement of Environmental Effect (SEE) Planning

prepared by HMUP Urban

 

dated 18 July 2011.

Visual Impact Study: Setting of Henry’s Trading Post

 Eeles Trelease Pty Ltd.

 

Traffic and Parking Report

Halcrow.

dated 15/07/2011

Storm Water Concept Plan No. 16740 Issue 1 by

Wallis & Spratt.

 

BCA Compliance Report

Blackett Maguire +

Goldsmith.

dated 14/07/2011

 

 

Amendment of Plans & Documentation

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

 

A)  The colours, materials and finishes of the external surfaces to the new wing building are to be compatible with the existing building and heritage items in the vicinity of the site.  Details of the proposed colours, materials and textures (ie- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director 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 development.

 

B)  An amended plan must be submitted of the porte cochere and the area surrounding it to ensure good visibility and definition of the trafficable areas, and the provision of a grassed verge so that the passengers can alight from parked vehicles where indicated. This is in response to the Design Review Panel’s comments with regard to the context of the proposal and the landscaping of the site.

 

C)  At least 30% of the new driveways and parking areas are to be constructed in porous building materials. Details are to be provided.

 

2A.      The following conditions are applied to meet the requirements of the   Heritage Council of NSW:

 

1)   All work shall comply with the following documentation:

 

a)     Drawings Nos: DA.01 Issue B; DA.02 Issue B; DA.03 Issue B, DA.04 Issue B dated 11/07/11; DA.05 Issue C dated 18/07/11; DA.06 Issue B; DA.07 Issue B; DA.08 Issue B dated 18/07/11; DA.09 Issue A; DA.10 Issue A dated 15/07/11; DA.19 Issue B; DA.20 Issue B; DA.21 Issue B; DA.22 Issue B dated 15/07/11; dated 18/07/11; DA.25 Issue A dated 18/07/11 by Eeles Trelease Pty. Ltd. Architects.

 

b)     Landscape Drawing Nos: 11016-DA01 Rev A; 11016-DA02 Rev A; 11016-DA03; Rev A; 11016-DA04 Rev A; 1106-DA05 Rev A11016-DA06 Rev A; 1106-DA07 Rev A; 11016-DA08 Rev A dated 15 July 2011 by Aspect Studios.

 

c)     Equinox: Shadow study isometric, Shadow study in Plan; WinterSolstice; Shadow Study in Isometric; Winter solstice Shadow Study in Plan; Summer Solstice Shadow Study in Isometric; Summer solstice shadow Study in Plan.

 

d)     Statement of Environmental Effect (SEE) prepared by HMUP Urban Planning dated 18 July 2011.

 

e)     Statement of Heritage Impact (SHI) prepared by Graham Brooks and Associates Pty Ltd dated July 2011.

 

f)     Visual Impact Study: Setting of Henry’s Trading Post by Eeles Trelease Pty Ltd.

 

g)     Response to Pre-DA Advice from Council by Helen Mulcahy Urban Planning.

 

h)     Landscape Traffic and Parking Report dated 15/07/2011 by Halcrow.

 

i)      Storm Water Concept Plan No. 16740 Issue 1 by Wallis & Spratt.

 

j)     BCA Compliance Report dated 14/07/2011 by Blackett Maguire + Goldsmith.

 

2)   A heritage consultant shall be nominated for the works. The consultant shall have appropriate qualifications and experience commensurate with the scope of the works. The name and experience of this consultant shall be submitted to the Heritage Branch for approval with the section 60 application.

 

3)   The consultant shall advise on the detail design resolution of new elements, undertake on site heritage inductions, inspect removal works, construction of new elements, design and installation of services (to minimise impacts on significant fabric and views) and manage the implementation of the conditions of approval.

 

4)   Information scheduling and describing the proposed conservation works is to be submitted to the Heritage Branch along with the S60 application:

 

a)   All works are to be implemented in accordance with the Conservation Management Plan for the Prince Henry Site at Little Bay dated May 2003 (Amended February 2003).

 

5)   Any site specific interpretation (proposed themes and media), proposed way signage and street furniture are to be in accordance with the Prince Henry site Interpretation Strategy dated October 2005 prepared by Musecape and submitted to Randwick City Council for approval prior to works commencing.

 

6)   Any ground disturbance and excavation undertaken as part of the proposed works is to be undertaken in consultation with the La Perouse Local Aboriginal Land Council (LPLALC) and, where requested, be subject to LPLALC and archaeological monitoring.

 

7)   Should Aboriginal objects be found, the Office of Environment and Heritage, Department of Premier and Cabinet is to be informed (as required by the provisions of the NSW National Parks and Wildlife Act 1974). Subject to an assessment of the extent, integrity and significance of any exposed objects, applications under either Section 87 or Section 90 of the National Parks and Wildlife Act may be required before work resumes.

 

8)   If any relics of state significance are uncovered, further excavation must stop and the Office of Environment and Heritage be notified immediately. Further approval may need to be obtained from the NSW Heritage Council as changes to the design and scope of the proposed works may be required depending upon the significance of the relics found.

 

9)   Suitable clauses are to be included in all contractor and subcontractor contracts to ensure that on-site personnel are aware of their obligations and requirements in relation to the relic’s provisions of the Heritage Act and the National Parks and Wildlife Act 1974. 10. Appropriate protective measures shall be included in the Master Program and Site Co-ordination Plan to ensure that significant built and landscape elements are not damaged during construction. Significant fabric (such as retaining walls, kerbs, gutters and significant paving) in the vicinity of the development and wherever construction vehicles are used should be protected during excavation and construction works. 11. An application under section 60 of the NSW Heritage Act is to be submitted and approved by the NSW Heritage Council prior to work commencing.

 

2B       The following conditions are applied to meet the requirements of the NSW Police Force

 

The applicant must take into consideration the recommendations contained in Safer by Design comments provided by the NSW Police dated 1/9/11.

 

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

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

 

Long Service Levy Payments

5.       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.

 

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

 

Security Deposit

6.       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:

·           $10000.00  -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Sydney Water Requirements

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

 

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

 

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

 

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

The Section 73 Compliance Certificate is required to be obtained before an occupation certificate is issued.

 

Electricity Substation

8.       The applicant must liaise with Energy Australia prior to obtaining a construction certificate (for any above ground works), to determine whether or not an electricity substation is required for the development. Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on relevant construction certificate and landscape plans.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

 

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

 

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

 

Compliance with the Building Code of Australia & Relevant Standards

9.       In accordance with section 80A (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).

 

10.     Access and facilities for people with disabilities must be provided in accordance with the relevant requirements of the Building Code of Australia, Disability (Access to Premises – Buildings) Standard 2010, relevant Australian Standards and conditions of consent, to the satisfaction of the Certifying Authority.  Details of the required access and facilities for people with disabilities are to be included in the plans/specifications for the construction certificate.

 

11.     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

 

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

 

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

 

 

The following works are to be carried out to ensure minimum levels of fire safety are provided in existing buildings:

 

a)     Any new or replacement ceilings, walls and floor linings and doorways are required to satisfy the relevant requirements of the Building Code of Australia. 

 

Details of the abovementioned items and other building and fire safety works are to be provided in the construction certificate.

 

Site stability and construction work

13.     A report must be obtained from a suitably qualified and experienced professional engineer, which includes the following details, to the satisfaction of the Certifying Authority for the development:

 

a)     Geotechnical details which confirm the suitability and stability of the site for the development and relevant design and construction requirements to be implemented to ensure the stability and adequacy of the development and adjacent land.

 

b)     Details of the proposed methods of excavation and support for the adjoining land (including any public place) and buildings.

 

c)     Details to demonstrate that the proposed methods of excavation and construction are suitable for the site and should not result in any damage to the adjoining premises, buildings or any public place, as a result of the works and any associated vibration.

 

d)     The adjoining land and buildings located upon the adjoining land must be adequately supported at all times throughout demolition, excavation and building work, to the satisfaction of the Principal Certifying Authority.

 

e)     Written approval must be obtained from the owners of the land to install any ground or rock anchors underneath the adjoining premises (including any public roadway or public place) and details must be provided to the Certifying Authority.

 

Traffic conditions

14.     Adequate provisions are to be made to provide pedestrian visibility and safety.  All new walls (and/or landscaping) adjacent to vehicular crossings should not exceed a height of 600mm above the internal driveway level for a distance of 1.5m within the site or new walls (including landscaping) should splayed 1.5 metres by 1.5 metres. Details of compliance, to the satisfaction of the certifying authority, are to be included in the construction certificate documentation.

 

15.     The vehicular access driveways, internal circulation ramps and the carpark areas, (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004. The Construction Certificate plans must demonstrate compliance with these requirements.

 

16.     The Construction Certificate must reference the installation of either rising bollards or lockable fold-down bollards, so that access to the driveway is only available for ambulance vehicles. The details must be clearly shown on the Construction Certificate plans and no occupation certificate is to be issued until such time as these bollards are in place and operational.

 

Design Alignment levels

17.     The design alignment level (the finished level of concrete, paving or the like) at the Anzac Parade 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 0924.

 

18.     The design alignment levels (concrete/paved/tiled level) 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.

 

19.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $5060 calculated at $44.00 (inclusive of GST) per metre of site frontage to Anzac Parade. This amount is to be paid prior to a construction certificate being issued for the development.

 

Stormwater Drainage

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

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

 

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

 

b)     The stormwater must be discharged (by gravity) directly into Council’s underground drainage system located in Brodie Street via a new or existing kerb inlet pit, such pit must be located in front of the Brodie Street site frontage.

 

c)     A reflux valve shall be provided (within the site) over the pipeline discharging from the site to ensure that stormwater from Council drainage system does not surcharge back into the site stormwater system.

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

 

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

 

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

 

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

 

Site seepage & Dewatering

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

 

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

 

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

 

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

               

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

 

Waste Management

23.     Prior to the issuing of a construction certificate for the proposed building, a Waste Management Plan detailing the waste and recycling storage and removal strategy for all of the development, is required to be submitted to and approved by Council’s Director of City Services.

 

The Waste Management plan is required to be prepared in accordance with Council's Waste Management Guidelines for Proposed Development and must include the following details (as applicable):

 

·       The use of the premises and the number and size of occupancies.

·       The type and quantity of waste to be generated by the development.

·       Demolition and construction waste, including materials to be re-used or recycled.

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

·       The procedures and arrangements for on-going waste management including collection, storage and removal of waste and recycling of materials (i.e. operational waste management plan).

 

Further details of Council's requirements and guidelines, including pro-forma Waste Management plan forms can be obtained from Council's Customer Service Centre.

 

24.     The applicant must comply with the operational waster management plan at all times.

 

Landscaping & Environmental amenity:

25.     Landscaping is to be provided to the site substantially in accordance with the Landscape Plans by Aspect Studios, dwg no 11016-DA01 – 08, revision A, dated 15 July 2011. The Construction Certificate must reference these details.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

 

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

 

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

 

Certification and Building Inspection Requirements

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.

 

27.     The 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.

 

Home Building Act 1989

28.     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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Temporary Site Fencing

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

 

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

 

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

 

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

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

 

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

 

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

 

Construction Site Management

32.     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 site fencing / hoardings;

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            details of proposed sediment and erosion control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            location and size of waste containers/bulk bins;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details;

·            provisions for temporary sanitary facilities.

 

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

33.     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 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.

 

Public Liability

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

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.

 

Construction Traffic Management

36.     Prior to the commencement of any works on the site, an Application for a ‘Works Zone’ must be submitted to Councils Integrated Transport Department, and approved by the Randwick Traffic Committee. 

 

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

 

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

 

37.     A detailed Construction Traffic Management Plan must be submitted to and approved by Council, prior to a construction certificate being issued for the development.

 

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

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

Sydney Water

38.     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

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

 

Documentary evidence from 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 demolition, excavation or building works.

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections during Construction

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

 

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

 

Building & Demolition Work Requirements

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

 

·            Occupational Health & Safety Act 2000 & Regulations

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

·            WorkCover NSW Requirements, Guidelines and Codes of Practice

·            Australian Standard 2601 (2001) – Demolition of Structures

·            The Protection of the Environment Operations Act 1997

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

·            DECC/EPA Waste Classification Guidelines

·            Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

·        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

44.     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 must be shown in a Sediment and Erosion Control Plan, including; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment, methods of sediment control, details of drainage systems and details of existing and proposed vegetation.

 

 

A copy of the Sediment and Erosion Control 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.

 

Dust Control

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·       Landscaping and revegetation of disturbed areas.

 

Public Safety & Site Management

46.     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.

 

Excavations, Back-filling & Retaining Walls

47.     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 prior to commencing such excavations or works.

 

Support of Adjoining Land

48.     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.

 

Site Signage

49.     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

50.     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 1.00pm only

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Additional requirements for all development

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

 

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

 

Survey Requirements

51.     A Registered Surveyor’s check survey certificate or other suitable documentation must be obtained at the following stage/s of construction to demonstrate compliance with the approved setbacks, levels, layout and height of the building to the satisfaction of the Principal Certifying Authority (PCA):

·           prior to construction (pouring of concrete) of footings and retaining structures,

·           prior to construction (pouring of concrete) of each floor slab,

·           upon completion of the building, prior to issuing an Occupation Certificate,

·           as otherwise may be required by the PCA.

 

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

 

Building Encroachments

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

 

Civil Works & Infrastructure

 

Road/Asset Opening Permit

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Stormwater Drainage

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

 

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

 

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

 

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

 

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

 

Landscaping & Environmental amenity:

Remnant Bushland

57.     The applicant must ensure that those areas of remnant native bushland adjacent the subject site are suitably protected and preserved in their current state as part of this application, with measures such as protective fencing, erosion control and similar to be put in place on-site, and the impact of over-shadowing and drainage patterns to be considered, with appropriately qualified professionals to be consulted in this regard to ensure compliance with best practice guidelines.

 

Street Trees

58.     Approval is granted for the applicant to remove those existing street trees on the Anzac Parade verge, only where necessary in order to accommodate the proposed vehicle drop off as shown, and must reimburse Council the appropriate fee, prior to the PCA issuing a Final Occupation Certificate.

 

59.     The planting of new trees on Council’s Anzac Parade verge must only be undertaken by Council, wholly at the applicant’s cost, and in accordance with the adopted Street Tree Masterplan.

 

In this regard, the applicant must contact Council’s Landscape Development Officer on 9399-0613 to obtain Council’s requirements for species, quantity, location and pot size, with the specified fee to be paid into Tree Amenity Income at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development.

 

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

       

Tree Removals

60.     Approval is granted for removal of any of the small vegetation throughout the site where necessary in order to accommodate the proposed works as shown, subject to full implementation of the approved landscaping, but does not include those larger, more established canopy trees.

 

Protection of existing trees

61.     In order to ensure retention of the closely planted row of five Ficus macrocarpa var. Hillii (Hills Weeping Figs) towards the western boundary, amongst the heritage gate posts, within the proposed Courtyard 1 and the Children’s Playground in good health, the following measures are to be undertaken:

a.       All documentation submitted for the Construction Certificate application must show the retention of this group, with the position and diameter of their trunks and canopies to be clearly shown on all drawings.

 

b.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar must be located outside the extent of their driplines, beneath the proposed circulation paths, which must be permeable/porous as shown.

 

c.       They are to be physically protected as one group by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 2 metres, on all four sides (measured off the outside edge of their trunks at ground level), in order to completely enclose this group for the duration of works.

 

d.       This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until the proposed landscape works, being seating, paths, planting, children’s play area etc are being installed, to which signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT REMOVE/ENTER".

 

e.       Ground levels within the TPZ must not be altered by more than 200mm, with no other structures such as continuous strip footings for planter boxes or similar to be located in this area, and must remain as undisturbed, deep soil, with footings for the proposed timber seating to be located around any roots with a diameter of more than 75mm.

 

f.        In order to prevent soil/sediment being washed into the TPZ, over the root systems, suitable erosion control measures shall be provided at ground level, with all Site Management Plans needing to recognise the fact that material storage cannot be located within the TPZ.

 

g.       Within the TPZ, there is to be no storage of materials, machinery or site office/sheds, nor are cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble, with all Site Management Plans needing to acknowledge these requirements.

 

h.       Any roots encountered during the course of the approved works must be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

 

62.     The owner/applicant is required to ensure the retention and long term health of all trees located on adjoining properties adjacent to the proposed development. As a general guide there shall be minimal excavation or root pruning within the dripline/s of the subject tree/s.

 

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

63.     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.

 

Fire Safety Certificate Requirements

64.     Prior to issuing an interim or final Occupation Certificate, a single and complete Fire Safety Certificate, which encompasses all of the essential fire safety measures contained in the fire safety schedule must be obtained and be submitted to Council, in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000.  The Fire safety Certificate must be consistent with the Fire Safety Schedule which forms part of the Construction Certificate.

 

A Fire Safety Statement must be provided to the Council on an annual basis, each year following the issue of a Fire Safety Certificate, which confirms that all the fire safety measures are operating in accordance with the relevant standards of performance.

 

A copy of the Fire Safety Certificate/Fire Safety Statement must be displayed in the building entrance/foyer at all times and a copy must also be forwarded to Fire and Rescue NSW.

 

Structural Certification

65.     A Certificate must be obtained from a professional engineer, which certifies that the building works satisfy the relevant structural requirements of the Building Code of Australia and approved design documentation, to the satisfaction of the Principal Certifying Authority. A copy of which is to be provided to Council.

 

Sydney Water Certification

 

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

 

BASIX Requirements & Certification

67.     In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an Occupation Certificate for this development, unless it is satisfied that any relevant BASIX commitments and requirements have been satisfied.

 

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

 

Occupant Safety - Windows

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

 

Options may include one or more of the following measures:

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

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

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

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

·        Other appropriate effective safety measures or barrier.

 

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

 

Noise Control Requirements & Certification

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

 

 

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

 

70.     A report must be obtained from a suitably qualified and experienced consultant in acoustics, which demonstrates and certifies that noise and vibration from any plant and equipment (e.g. mechanical ventilation systems and air-conditioners) satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Office of Environment and Heritage (EPA) Noise Control Manual, Industrial Noise Policy and Council’s development consent.

 

A copy of the report must be provided to the Principal Certifying Authority and Council prior to an occupation certificate being issued.

 

Swimming & Spa Pools

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

 

Swimming pools must 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 a swimming 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’ is also required to be erected in a prominent position in the immediate vicinity of a swimming pool or spa 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.

 

72.     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 – 2010:  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

73.     Written notification must be provided to Council advising of the installation and completion of all Swimming Pools (or Spa Pools), 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 all swimming and spa pools.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

74.     Prior to issuing a final occupation certificate for the development, the owner/developer must meet the full cost for Council or a Council approved contractor to construct three (3) full width concrete heavy duty vehicular crossings and laybacks at kerb in Anzac Parade opposite the vehicular entrances to the premises. Prior to construction of the vehicular crossings to serve the porte-cochere the applicant’s traffic consultant must certify that the internal drive through has been constructed strictly in accordance with the development consent and construction certificate. The vehicular crossings in Anzac Parade will be constructed at approximately 90 degrees to the Anzac Parade site frontage. The vehicular crossing to serve the additional carpark will be of a suitable width to accommodate 2 way traffic movements, (i.e. minimum of 5.5 metres).

 

75.     Prior to issuing a final occupation certificate for the development the applicant must meet the full cost fro alterations to sign posting along the Anzac Parade site frontage as required accommodating the additional vehicular crossings. The altered sign positing shall be to the satisfaction of the Technical Sub-Committee of the Randwick Traffic Committee.

 

76.     Prior to issuing a final occupation certificate or occupation of the development (whichever is sooner), the owner/developer must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

77.     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.

 

78.     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.

 

Service Authorities

79.     The Section 73 Compliance Certificate must be submitted to the Principal Certifying Authority prior to issuing an Occupation Certificate.

 

Stormwater Drainage

80.     Prior to the issuing of an Occupation Certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer, which confirms that the design and construction of the stormwater drainage system complies with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and conditions of this development consent. 

 

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

 

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

 

Landscaping

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

 

Certification is to be obtained from a suitably qualified Landscape Architect and submitted to the Principal Certifying Authority (PCA) (and Council, if Council is not the PCA) prior to the occupation of the development, which confirms that the landscaping works have been completed in accordance with the approved landscaping plans and relevant conditions of development consent, to the satisfaction of the PCA.

 

83.     The nature-strip 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.

 

OPERATIONAL CONDITIONS

 

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

 

 

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

 

Environmental Amenity

84.     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.

 

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

 

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

 

GENERAL ADVISORY NOTES

 

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

 

A1      The 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 an Accredited Certifier or Council

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

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

 

A3      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA), Disability (Access to Premises – Buildings) Standards 2010 and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards.  You are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

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

 

A5      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.

 

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      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).

 

A8      External paths and ground surfaces are to be constructed at appropriate levels and be graded and drained away from the building and adjoining premises, so as not to result in the entry of water into the building, or cause a nuisance or damage to any adjoining land.

 

A9      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.

 

A10     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.

 

A11     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.

 

A12     The necessary development consent and a construction certificate or a complying development certificate (as applicable) must be obtained for proposed external plant and equipment, if not included in this consent.

 

A13     An application must be submitted to an approved by Council prior to the installation and operation of any proposed greywater or wastewater treatment systems, in accordance with the Local Government Act 1993.

 

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

 

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

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

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

 

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

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

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

 

·              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                                                                                          8 November 2011

 

 

Development Application Report No. D146/11

 

 

Subject:                  2-4 Beatty Street, Maroubra (DA/5/2011)

Folder No:                   DA/5/2011

Author:                   Wendy Wang, Environmental Planning Officer     

 

Proposal:                     Demolition of the existing dwelling houses and construction of 2 x double storey dwelling houses and Torrens title boundary adjustment (SEPP1 objection to minimum allotment size)

Ward:                      Central Ward

Applicant:                Mr J Spiteri

Owner:                         Mr C Hatzikyriacos and Mrs M Hatzikyriacos

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The subject proposal is referred to the Planning Committee for determination as it contains variations to the minimum allotment size development standard stipulated in Randwick Local Environmental Plan (RLEP) 1998 (Consolidation) by more than 10%. The applicant has submitted a written SEPP 1 objection to the development standard to address the non-compliance.

 

The proposal details demolition of the existing single storey semi detached dwelling houses and construction of 2 x new double storey dwelling houses and boundary adjustment of the existing two Torrens title allotments.

 

The subject sites are known as Lots 1 and 2 in DP 571116 at 2-4 Beatty Street in Maroubra and are located on the south western corner of Beatty and Byng Streets.  The site is presently occupied by an existing single storey semi detached dwelling. 

 

Nos. 2 and 4 Beatty Street have frontages of 25.5m (curved dual frontage along Byng and Beatty Street) and 14.015m (Beatty Street only), respectively. The sites feature a very irregular subdivision pattern, and have overall site areas of 282.5sqm and 340.1sqm, respectively. Neighbouring the properties to the south is a pair of semi detached dwellings and to the west is a pair of double storey semi detached dwellings. To the north and east are Byng and Beatty Streets, respectively. The surrounding area is residential in character and consists of a mixture of single and double storey dwelling houses; semi detached dwellings and attached dual occupancies.

 

The application was notified to the adjoining and nearby properties in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. Five (5) submissions were received at the conclusion of the public consultation process raising issues in relation to building height, loss of solar access, overlooking, tree removal, noise and disturbance during construction and general compliance with the RLEP 1998  (Consolidation) and DCP – Dwelling Houses and Attached Dual Occupancies.

 

The site is within Zone No. 2A (Residential A Zone) under RLEP 1998 (Consolidation). The proposal is consistent with the aims of RLEP 1998 (Consolidation) and the specific objectives of Residential 2A Zone, in that the development it will not detract from the environmental qualities of the area and will improve the functionality of the subject dwelling without compromising the amenity of surrounding dwellings. The proposed works will result in a development that has a bulk and scale that is commensurate with the surrounding development. As such, the proposal is considered to satisfy the relevant zone objectives.

 

The proposal does not meet the minimum allotment size standard as contained in the RLEP. As such, the applicant has submitted a written objection under State Environmental Planning Policy (SEPP) No. 1 – Development Standards justifying that the above breach will not result in significant adverse amenity or visual impacts on the area. This non-compliance with the minimum allotment size standard is deemed to be acceptable as the resultant allotments provide for a better configuration than the existing lots. The SEPP No. 1 Objection has been assessed and is supported.

 

The proposal complies with the maximum building height, maximum external wall height and landscaped area controls of the DCP for Dwelling Houses and Attached Dual Occupancies. It has been demonstrated in this report that the relevant objectives and performance requirements of the DCP have been achieved in that the proposed development will not result in any unreasonable adverse impacts on the amenity of the adjoining dwellings and the character of the locality.

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

 

2.    The Proposal

 

The proposal seeks to demolish the existing semi detached dwellings on the subject site and construct 2 x new double storey dwellings with associated garaging accessed from Beatty Street, landscaping and boundary fencing along the street alignment ranging from 1200mm to 1800mm high. The proposal also includes boundary adjustment of the 2 existing Torrens title allotments to create more regular shaped sits in order to accommodate the new dwellings. The newly created allotments will have the following site areas and frontages:

 

·      2 Beatty Street (Lot 2) - 326.2m2, 14.05m

·      4 Beatty Street (Lot 1) – 296.4m2, 19.2m

 

3.    The Subject Site and Surrounding Area

 

The subject sites are known as Lots 1 and 2 in DP 571116 at 2-4 Beatty Street in Maroubra and are located on the south western corner of Beatty and Byng Streets.  The site is presently occupied by an existing single storey semi detached dwelling. 

 

Nos. 2 and 4 Beatty Street have frontages of 25.5m (curved dual frontage along Byng and Beatty Street) and 14.015m (Beatty Street only), respectively. The sites feature a very irregular subdivision pattern, and have overall site areas of 282.5sqm and 340.1sqm, respectively. Neighbouring the properties to the south is a pair of semi detached dwellings and to the west is a pair of double storey semi detached dwellings. To the north and east are Byng and Beatty Streets, respectively. The surrounding area is residential in character and consists of a mixture of single and double storey dwelling houses, semi detached dwellings and attached dual occupancies.

 

 

 

4.    Site History

 

There is no relevant development history for the subject site.

 

4.1      Application History

The proposal was the subject of a prelodgement meeting (PL/48/2010) held between the applicants and Council Officers on 27 August 2010. At the time, Council’s Environmental Planning Officer and Landscape Engineer provided the following key recommendations to the applicant: -

 

·       The type of development proposed (i.e. dwelling house or attached dual occupancy) will need to be specified in the Statement of Environmental Effects accompanied with the future Development Application. There are different development standards/controls applicable to dwelling houses and attached dual occupancies.

 

Planners comment: It is noted that Council has prepared a planning proposal in response to legal advice that under the Randwick Local Environmental Plan 1998 (Consolidation), semi-detached dwellings fall within the definition of attached dual occupancy development. The proposal seeks to amend the LEP definitions of ‘dwelling house’, ‘attached dual occupancy’ and ‘multi-unit housing’ to provide that semi-detached dwellings (where each attached dwelling is on a separate lot) falls within the definition of ‘dwelling house’.  In relation to the subject proposal, the applicant has applied for essentially 2 x double storey dwelling houses, which do not share a common party wall. The proposed dwellings will have one external wall abutting that of the adjoining dwelling, located on two separate Torrens title allotments, consistent with the proposal’s definition for a ‘dwelling house’: -

 

‘dwelling house means a dwelling which is the only dwelling erected on an allotment of land (not being an individual lot in a strata plan) and which may or may not be attached to another dwelling on the immediately adjoining allotment by a common wall on the common boundary of the allotments’

 

The proposal is therefore assessed as two individual dwelling houses on their own allotments and subject to assessment against the relevant objectives and preferred solutions of the DCP – dwelling Houses and Attached Dual occupancies.

 

·       The proposed width and location of the garages forward of the building line will dominate and detract from the appearance of the development and the local streetscape.

 

·       The design of the proposed development needs further refinement and street façade should be articulated to minimise the visual bulk and create visual interest when viewed from the street. The western elevation should be provided with appropriate articulation/modulation/break to minimise visual bulk.

 

Significantly, Council’s Landscape Engineer advised that there are two established native trees growing on the adjoining property to the west, 51 Byng Street, close to the common boundary, which pose a constraint to the application, comprising from north to south, a 10m tall Lophostemon confertus (Brush Box), closest to the southeast corner of the neighbouring dwelling, then an 8m tall Eucalyptus botryoides (Bangalay).

 

The trees were assessed having valuable screening and privacy function between the two properties, with both of their canopies overhanging approximately halfway across the width of the rear yard of 2 Beatty Street, meaning that their eastern aspects would need to be completely pruned off for clearance reasons, both during construction as well as upon completion, and as the area within the subject site adjacent their trunks is undisturbed deep soil, a similar amount of root loss may also occur during excavations for footings or similar, given a setback of only 1500mm or less is shown off the boundary.

 

If works proceeded as shown, the serious, negative impact on both trees, both above and below ground, would affect their health and condition and may also cause their death, which was unacceptable to Council.  

 

The applicant was advised that development consent would not be considered until such time this issue was resolved through one of the following options: -

 

Option 1 - The applicant may elect to approach the neighbour/tree owner at 51 Byng Street and seek joint agreement for the removal of both trees through a separate Tree Preservation Order (TPO) form to Council.

 

Option 2 - Should agreement not be reached with the neighbouring tree owner, the applicant must hand dig an exploratory trench along the line of the proposed works, measuring a minimum of 600mm in depth and 200mm in width, within a radius of 2.5 metres off both of their trunks, being mindful not to damage any roots which are encountered. This is to be inspected by Council’s Landscape Engineer following which a determination will be made on whether:

§ Relevant conditions can be provided and development consent granted;

§ Further investigations and a formal report by an AQF Level V Arborist will be needed, also detailing the location and extent of pruning required; or

§ The plans be amended to achieve a more sympathetic design for the trees, and would likely involve increasing the side setback and similar.

 

The application was lodged on 5 January 2011. Accordingly, the plans and supporting documents were referred to Council’s Development Engineers for comment.

The applicant did not provide evidence of either option having been explored and did not demonstrate compliance with the advice provided at Pre DA stage. Subsequently, Council’s Development Engineer provided the applicants with an issues paper outlining the same concerns and options for resolution. The applicant then entered extensive negotiations with the adjoining owner of No. 51 Byng Street and no agreement was able to be reached. On 27 June 2011, at the request of the applicant’s builders, Councils Development Engineer inspected the site revealing hand dug trenches as per option 2 of the Pre DA advice. The arrangement was deemed to be satisfactory and form the basis of the Development Engineers Comments (in Section 7.1 of this report).

 

It is considered that the planning matters raised at the Pre DA stage have been successfully addressed in the formal development proposal and these plans form the subject of the current assessment.

 

5.        State Environmental Planning Policy No.1 – Development Standards

 

The proposal seeks to vary a development standard contained for land zoned 2A contained within RLEP 1998 (Consolidation). A written SEPP 1 Objection has been submitted with the development application. In assessing the applicant’s SEPP 1 Objection, the following matters are addressed:

 

The proposal seeks to vary a development standard contained with Randwick Local Environmental Plan 1998 (Consolidation) as follows: -

 

·      Minimum allotment sizes (Clause 20B(1))

 

Pursuant to Clause 20B(1) of the Randwick Local Environmental Plan 1998, the minimum allotment size for subdivision of land zoned 2A Residential is for each allotment to retain a minimum size of 400sqm and 12m frontage per allotment. The proposed variation is summarised in the table below:

 

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 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 enhance local amenity”

 

The underlying purpose of Clause 20B(1) is to maintain the historical and existing subdivision pattern, low density character of land zoned 2A.”

 

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

 

Minimum allotment size

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

 

 

Assessment Officer Comments: It is considered that the proposal is satisfactory and compliance with the purpose of the development standard is unreasonable and unnecessary based on the following reasons:

 

·      The development standards for minimum allotment sizes are intended to maintain the existing character of the 2A zone and to ensure environmental outcomes from housing that are suitably located with access to services, transport, shops and the like, whilst minimising the impact on adjoining neighbours and maintaining or enhancing neighbourhood character.

 

·      The proposed allotment sizes, although below that as prescribed by the RLEP, are generally consistent with the existing Torrens title allotments at Nos. 2 and 4 Beatty Street. The proposal does not seek to create two new allotments by dividing one single allotment, but rather seeks to carry out a boundary adjustment to create two new regular shaped allotments which are more capable of accommodating reasonable low density dwelling house development. The current subdivision pattern is irregular and restricts development potential.

 

·      The proposed arrangement of the lots and dwellings located on each new allotment is consistent with that of the surrounding subdivision pattern and subsequent development, and is effective in breaking down building bulk, creating visual interest through staggered facades and setbacks, with potential for perimeter landscaping to the front of the dwelling.

 

·      Although the proposed land sizes represent a shortfall to the current standards, the variation is considered acceptable as the site has sufficient depth and frontage that will allow appropriate siting of buildings is suitable for low density housing purposes and will not compromise access to amenities for future occupants of adjacent properties whilst remaining consistent with surrounding sites.

 

·      The submitted SEPP 1 objection has addressed the consistency of the proposed development with the underlying and stated purposes of the standard, the local planning objectives for the locality and objectives of the Act. Moreover, the applicant has appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case.

 

·      The proposed allotment sizes area capable of providing ample areas for the living and outdoor recreation needs of the future occupants.

 

·      The proposal would not render the reasonable development of neighbouring sites difficult.

 

Conclusion

In conclusion, the submitted SEPP 1 objection has addressed the consistency of the proposed development with the underlying and stated purposes of the standards, the local planning objectives for the locality and objectives of the Act. The objections have been appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstances of each case. As such, it is considered that the objections are well founded.

 

Matter 2

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

 

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

 

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

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

 

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

 

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

 

 

Matter 3

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

 

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

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

 

The proposed development and variation from the development standard does not raise any matters of significance for State or regional environmental planning and there is no public benefit in maintaining the control in this instance.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

 

6.    Community Consultation

 

The proposal has been notified and advertised from 17 – 31 January 2011 in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. In response, five (5) submissions were received from the residents/owners of

 

·      51 Byng Street

·      49 Byng Street

·      44 Kitchener Street

·      46 Kitchener Street

 

In summary, the objections raise the following issues (the issues have been grouped to avoid repetition):

 

·      Removal of trees on No. 51 Byng Street will not be permitted

The proposal does not seek to remove trees from No. 51 Byng Street. The proposal has been referred to Council’s Landscape Engineer for comment, no objections have been raised and suitable conditions have been included to address matters regarding tree retention, preservation and landscaping provision.

 

·      The existing shared boundary fence between the subject site and 51 Byng Street is in poor condition and construction will expose the property to public access

Suitable conditions are imposed to ensure that the site and adjoining properties are to be kept in a safe and orderly condition. Should any damage to the boundary fencing occur due to the works being carried out on No. 2-4 Beatty Street, it is the responsibility of the owners and principle certifier (for construction stage) for the subject site to ensure that any damage is rectified in a timely manner. Matters relating to boundary fencing and associated costs are subject to the Dividing Fences Act 1991 and do not form a head of consideration for the assessment development application.

 

·      Demolition and construction will result in noise, disturbance and loss of privacy

The DCP aims to ensure the location and design of development relate to the topography of the site with minimal cut and fill.

 

The proposal requires some degree of excavation; levelling and retaining of the site to accommodate the proposed dwellings and create functional floor plates which respond to the topography of the site. No basement levels/lower ground areas have been proposed. Suitable conditions will be imposed to require adequate soil retention measures to be undertaken during works on the site.

 

Standard conditions are also applied to ensure that construction work on the subject site will not result in adverse impacts to the health and amenity of residents in the surrounding dwellings. Works are subject to compliance with the Building Code of Australia and other policies with regard to construction noise, hours, waste management and minimising dust and debris.

 

The proposal is considered to be satisfactory subject to the above recommended conditions.

 

·      The proposal does not meet the preferred solutions of the DCP with regard to maximum external wall height, setbacks, driveway width, floor space ratio and height of fencing forward of the building line.

·      Loss of sunlight to No. 51 Byng Street

·      Loss of sunlight to No. 49 Byng Street

·      Loss of sunlight to Nos. 44 and 46 Kitchener Street

·      Overlooking from the development into Nos. 44 and 46 Kitchener Streets

·      Loss of privacy to No. 49 Byng Street

Refer to the detailed assessment in Section 9 of this report.

 

·      No notification sign was displayed at the property during the notification period

In accordance section 3.1 of Council’s DCP - Public Notification of Development Proposals and Council Plans, the subject proposal for 2 dwelling houses within a Residential 2A zone is not required to be advertised (i.e. a notice placed on the front of the property and an advertisement placed in the local newspaper). The proposal does not involve development for the purposes of multi-unit housing, boarding houses, child care centres, educational establishments, hospitals, motels, places of public worship, services apartments, amusement centres, brothels, clubs, hotels or restricted premises or non conforming use. Further, the proposed works do not involve the demolition or alteration of a heritage item and the site is not situated in a conservation area. As such, the proposal requires only the issue of notification letters to the surrounding residents.

 

·      Loss of vistas currently obtained from the side of No. 51 Byng Street and 49 Byng Street

The eastern side first floor window of No. 51 Byng Street currently overlooks the roof top of the existing single storey semi detached dwellings on the subject site toward Beatty Street. These openings currently enjoy distant street/district views, mostly restricted to the immediate streetscape due to the relatively flat and built up nature of the surrounding vicinity.  49 Byng Street currently has views to the sky to the east from the back yard. These views as defined in the planning principle for view loss assessment are not considered to be scenic in nature or highly significant. Therefore, it does not warrant any detailed view loss assessment and will not be unreasonably impacted upon by the proposed dwellings.

 

The outlook over the site is available by virtue of the existing single storey nature of the semi detached dwellings and double storey dwellings are a permissible development within residential 2A zones and any loss of outlook is not considered to be resultant from inappropriate design. 

 

The bulk and scale of the proposed dwellings will relate compatibly with those in the surrounding streetscape with acceptable impacts in terms of overshadowing, privacy and views.

 

·      Shadow diagrams do not show any overshadowing to Nos. 44 and 46 Kitchener Street

The original shadow diagrams submitted with the development application on 5 January 2011 did not clearly indicate the extent of overshadowing resultant from the proposed dwellings. Council’s Assessment Officer has requested revised shadow diagrams to be submitted clearly indicating the location of the adjoining dwellings to be affected by the proposal. Amended shadow diagrams were submitted and received by Council on 24 January 2011 form the subject of the current assessment. 

 

·      Non compliance with RLEP 1998 in relation to minimum allotment size

The applicant has submitted a written objection under State Environmental Planning Policy (SEPP) No. 1 – Development Standards. The submitted SEPP 1 Objection for variation to the minimum allotment size control has been reviewed and is considered to be well founded. Refer to the “SEPP 1” section of this report for details.

 

·      The proposed colours and finishes have not been indicated

A standard condition is imposed to ensure that the proposed colours, materials and finishes of the external surfaces to the building are compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape. Under this condition, the applicant is required to provide details of the proposed colours, materials and textures to the satisfaction of Council’s Director of City Planning prior to a construction certificate being issued for the proposed building works.

 

·      Information regarding landscaping has not been submitted under the BASIX certificate

BASIX is an instrument which ensures new homes or substantial alterations and additions are energy and water efficient, assessing the design of a dwelling against energy and water reduction targets. The BASIX certificate uses information such as site location, house size, type, fittings, and cooling and heating systems. Landscaping does not form a head of consideration under BASIX assessment.

 

·      The SEE does not specify what species of plants are to be used in the proposed landscape design

The applicant has submitted a Landscape Plan prepared by Lisa Durland Landscapes numbered LS 23/10, sheet 1/1, dated December 2010 and received by Council on 5 January 2011 indicating the proposed planting schedule. The plan has been assessed by Council’s Landscape Engineer and deemed to be acceptable for the site. A suitable condition has been imposed to ensure that the landscaping on the site is to be implemented and maintained substantially in accordance with this plan. 

 

7.    Technical Officers Comments

 

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

 

7.1      Development Engineers

The application was referred to Council’s Development Engineers for comment. No objections were raised subject to conditions with any approval. The following comments were made:

 

Development Engineers Comments

An application has been received for demolition of the existing torrens title semi detached dwellings, and construction of 2 new attached residences with torrens title as well as boundary adjustment at the above site.

 

This report is based on the following plans and documentation:

·      Sheets 1-4 by J Spiteri dated April 2010 stamped by Council 02/08/2010;

·      Landscape Plan by Lisa Durland Landscapes, dwg no LS 23/10, sheet 1/1, dated December 2010.

 

Tree & Landscape Comments

A major issue that was previously identified for this application was the presence of two established native trees growing in the rear yard of the adjoining property to the west, 51 Byng Street, against the common boundary, comprising from north to south, a 10m tall Lophostemon confertus (Brush Box), and an 8m tall Eucalyptus botryoides (Bangalay).

 

The Brush Box is growing against the southeast corner of the neighbouring dwelling, with this neighbour/tree owner having pruned the majority of its western aspect away from their own house for clearance and maintenance reasons, which has forced its canopy to the east, where it now overhangs about halfway across the width of no.2 Beatty Street, with the Bangalay overhanging to a lesser extent. 

 

Concerns were raised over the likely impact of the works on these trees given a combination of their size and the 1500mm side setback shown on the plans, so in order for Council to perform the most thorough and accurate assessment possible, the applicant was instructed to hand dig a trench along the length of the western alignment of the ground floor of the proposed dwelling for No. 4.

 

A hand dug trench of 6-7m in length, between the southern edge of the existing concrete slab and proposed patio, measuring 600m in depth and 200mm in width was inspected with the builder on 27/06/11 (refer TRIM D01331919), where a pure sandy soil type was observed, and only 2 minor roots of 40mm in diameter from the Brush Box were encountered, with a complete absence of any major, structural roots for the length of the trench, and on this basis, site specific measures have been included in this report.

 

The same also applies to the extent of pruning required from their eastern aspects for the proposed first floor of no.4 and associated scaffolding, with the Bangalay to require only a small quantity of lower order branches, which should only amount to 5% of its total photosynthetic area, with a greater amount involving several mid order branches needing to be pruned from the Brushbox, up to 15% of its total canopy, but as it is recognised as one of the hardiest of all trees, should be an amount that it can sustain and adjust to.

 

In order for Council to exercise the highest level of control over the manner in which works that may affect these trees are performed, conditions in this report specify that Council’s Landscape Development Officer be present on site at critical stages, and while the standard measures of protective fencing cannot be provided due to restricted access along this side boundary, other methods have been imposed.

 

Still within this neighbouring property at no.51, there is a significant Melaleuca quinquinervia (Broad Leafed Paperbark), of approximately 15m in height, to the south of the trees described above, which based on the findings of the trench and the fact it is setback a greater distance from the works, will not be affected given the resilience of the species.

 

The 4m tall Banksia serrata (Saw Toothed Banksia, tree 5 on the Tree Schedule shown on the approved Landscape Plan) located on Council’s Beattie Street nature strip, just beyond the southern site boundary, together with the two 6m tall Gum trees on the Byng Street frontage (trees 8 & 9) need to be retained as part of this development, with relevant conditions included, with the applicant also needing to remove and dispose of (at their own cost) the small Canary Island Date Palm (tree 10) on the Beatty Street verge during excavations associated with the new vehicle crossing as shown.

 

There are a variety of specimens around the southeast corner of the site, within the current front yard of no.4, comprising from south to north, a 5m tall Archontophoenix cunninghamiana (Bangalow Palm, tree 6) which can be retained as an existing site feature and be incorporated into the landscaping as shown.

 

The 4m Washingtonia robusta (Washington Palm, tree 4), is not significant, and can be removed in order to allow site access as well as accommodate the new dwelling, front fencing and new landscaping as shown, with the 5m x 5m Ficus macrophylla (Moreton Bay Fig, tree 3) in this same area in extremely poor health and condition, and needs to be removed on the grounds of safety.

 

Further to the north, around the existing free standing garage, there is a 5m Brachychiton acerifolius (Illawarra Flame Tree, tree 2), which would be in direct conflict with the new driveway and dwelling as shown, as would the Trachycarpus fortunei (Chinese Fan Palm, tree 1) to its northwest and the 7m tall Archontophoenix cunninghamiana (Bangalow Palm, tree 7) to its southwest, with no objections raised to their removal as a re-design is not warranted, with the mature, 10m Syagrus romanzoffianum (Cocos Palm) in this same area an exempt species under the TPO, which can also be removed as part of the works.

 

Drainage Comments

Generally all site stormwater for each dwelling 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 to drain to Council's kerb and gutter.

Should the application be approved the appropriate nominated conditions shall apply.

 

8.    Site Specific Development Control Plans

 

Clause 40A(1) of RLEP 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 10,000m2 only if: (a) a site specific development control plan has been adopted, unless the proposed development is of a minor nature only or is ancillary to the current use of the land, or adequate guidelines and controls applying to the land are already in place. The site has a land area of 622.4m² (in total) and a site specific development control plan is not required.

 

9.    Relevant Environmental Planning Instruments

 

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

 

9.1      Randwick Local Environmental Plan 1998 (Consolidation)

The proposal is consistent with the general aims of RLEP 1998 (Consolidation) and the  specific objectives of the zone in that the proposed activity and built form will not detract from the aesthetic character, environmental qualities and social amenity of the locality. The following clauses of LEP 1998 are relevant to the proposed development:

 

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

The relevant objectives of Zone No 2A are:

 

(a)  To maintain the character of established residential areas, and

 

(c)  To enable redevelopment for low density housing forms, including dwelling houses, dual occupancy, semi-detached housing, and the like, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development

 

The proposal will not detract from the environmental qualities of the area and will result in a development which will not unduly compromise the amenity of surrounding dwellings. The proposed works will result in a development that has a bulk and scale that is commensurate with the surrounding development. As such, the proposal is considered to satisfy the relevant zone objectives.

 

The proposal seeks consent for the construction of 2 x new double storey dwellings and boundary adjustment for the existing Torrens title lots to create 2 new Torrens title lots and is permissible within the Zone 2A.

 

The following clause of the RLEP is relevant to the proposed development. Areas of non-compliance are the subject of a SEPP 1 objection and are discussed under section 5 of this report.

 

Clause 20B – Minimum allotment sizes

Pursuant to Clause 20B(1) of the Randwick Local Environmental Plan 1998, the minimum allotment size for subdivision of land zoned 2A Residential is for each allotment to retain a minimum size of 400sqm and 12m frontage per allotment.

The existing allotments (known as Nos. 2 and 4 Beatty Street) have a combined site area of 622.6m 2. No 2 Beatty Street has an existing area of 340m2 and No. 4 Beatty Street has an existing site area of 282.5m2, which does not meet the requirements of this standard. .  

 

The application seeks to carry out a boundary adjustment to the existing allotments to create 2 Torrens title allotments with the following sites areas/frontages and is summarised in the table below: -

 

The applicant has submitted an objection under SEPP No. 1 – Development Standards justifying that the above breach with regard to allotment size will not result in significant adverse amenity or visual impacts on the area. The objection has been assessed in Section 5 of this report.  

10. Policy Controls

10.1    Development Control Plan - Dwelling Houses and Attached Dual Occupancies

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

 

Landscaping

 

Preferred Solution

Assessment

S1

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

No. 2 Beatty Street – 54%

No. 4 Beatty Street – 49%

Complies

S1

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

The dwellings have minimum private open spaces of: - 

No. 2 Beatty Street – 78m2

No. 4 Beatty Street 95m2

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.

No. 2 Beatty Street – 6.5m x 12m

No. 4 Beatty Street – 6.5m x 14.715m

Complies

S1

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

The above areas are located to the side of the dwellings behind the building line. Complies

S6

20% of the total site area has permeable treatment.

No. 2 Beatty Street – 30%

No. 4 Beatty Street – 27%

Complies.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of the sites are: -

 

·      No. 2 Beatty Street (site area 326.2m2) – maximum floor space ratio of 0.6:1

 

·      No. 4 Beatty Street (site area 296.4m2) – maximum floor space ratio of 0.65:1

 

 

 

No. 2 Beatty Street – 0.61:1 (1.83sqm deviation)

 

 

No. 4 Beatty Street – 0.67:1 (4.89sqm deviation)

Does not comply – see assessment below.

 

Comment:

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

 

The proposal’s minor deviation from the preferred solution floor space ratio is deemed to be reasonable and acceptable for the following reasons:

 

·      The relevant objectives of the DCP have been achieved in that the proposed bulk and scale will not be inconsistent with the dominant built form in the surrounding streetscape (refer to photographs of site and surrounding development). Beyond immediate adjoining properties, and having regard to the nature of existing development in surrounding streets and the locality, numerous examples of contemporary dwellings exist such that the proposed development will not be out of context in the streetscape nor inconsistent with the bulk and scale of surrounding development.

·      As indicated in relevant assessment sections below the proposal has reasonable impacts on adjoining and surrounding properties in that it will preserve the privacy and solar light access for neighbouring residents.

·      The proposal readily complies with the landscape requirement of the DCP which will ensure adequate plantings and landscaping to soften the proposed built form.

·      The exterior of the building has been well articulated with height and setback variations, select indentations varying roof forms. This modulation of walls and articulation of the building envelope will ensure its building bulk is compatible.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

No. 2 Beatty Street has a maximum external wall height 8.5m.

No. 4 Beatty Street has a maximum external wall height of 7.5m.

Does not comply – see assessment below

 

S1

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

 

Not applicable.

S3

Cut or fill does not exceed 1m.

Not applicable.

S3

No excavation within 900mm of a side boundary.

No. 2 Beatty Street – 6.61m

No. 4 Beatty Street – 6.51m

Complies.

 

S3

No excavation within 4m of a rear boundary.

No. 2 Beatty Street – 1.5m from the rear boundary

No. 4 Beatty Street – 1.5m from the rear boundary

Does not comply. See assessment below.

 

S4

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

The entire southern elevation of the proposed dwelling at No. 4 Beatty Street is 6.5m from the southern side boundary at first floor level. 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.

 


Comment:

The Objectives of the DCP in relation to external wall height are to ensure developments are not excessive in height and scale, but are compatible with the existing character of the locality. The DCP aims to ensure buildings preserve privacy and natural light access for neighbouring residents and allow sharing of views.

 

The proposed dwellings exceed the maximum wall height preferred solution with maximum external wall heights of 8.5m (southern elevation of No. 2 Beatty Street) and 7.5m (northern elevation of No. 4 Beatty Street).

 

Generally, the proposal is considered to be satisfactory based on the following reasons:

 

·      The proposal’s deviation from the preferred solution external wall height is considered to be minimal (subject to compliance with the relevant condition of consent) and is not anticipated to result in any unreasonable adverse impacts to the amenity adjoining properties or character of the streetscape.  

 

·      The height variation to the 7m external wall height preferred solution is confined to the section where the two proposed dwellings adjoin. This ensures that the proposed built form does not give rise to unreasonable adverse impacts to the privacy and solar access currently enjoyed by the adjoining development to the south.

 

·      The proposed built form has incorporated staggered wall planes, select indentations and protruding elements to create visual interest through appropriate articulation. This assists in breaking any potential visual height, bulk and scale. Accordingly, the variations in wall height will be non-intrusive and visually amenable.

·      The proposal readily meets the 900mm ground floor and 1500mm first floor DCP side setback preferred solution.

·      The relevant objectives of the DCP with regard to height, form and materials have been achieved in that the proposed bulk and scale will not be inconsistent with the dominant built form in the surrounding streets. The proposed development will not be out of context in the streetscape nor inconsistent with the bulk and scale of surrounding development.

·      The proposal will ensure impacts in terms of privacy and natural light are minimised.


Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed front setbacks range from 4.2m – 2.9m from the front boundary. The site is located on a unique corner location, where there is an absence of a defined front setback when seen in conjunction with the adjoining dwellings. The proposed dwellings have both been designed to response to Beatty Street, which features a more generous frontage. The adjoining property to the south (No. 46 Kitchener Street) is orientated toward Kitchener Street further to the south and its side boundary continues along to form the front boundary of the subject site. To the north of the site lies Byng Street, in this instance the side boundary of No. 2 Beatty Street.

Notwithstanding the proposal’s deviation from the preferred solution front setbacks of the DCP, it is considered that the dwellings adequately address the street frontages and will not compromise the established streetscape.

S2

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

The proposed dwellings are 1.5m from the rear boundary. Does not comply, see assessment below.

S3

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

No. 2 Beatty Street – 6.61m

No. 4 Beatty Street – 6.51m

Complies.

S3

Side setbacks be 1.5m at second floor level.

No. 2 Beatty Street – 6.61m

No. 4 Beatty Street – 6.51m

Complies.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

 

Comment:

The subject sites are located on a corner allotment and the existing pair of semi detached dwellings is orientated to address Beatty Street. Given the shallow nature of the sites combined with the orientation of the allotments, it is difficult to impose a strict “rear setback” requirement as the rear elevations of the existing and proposed dwellings on the site lie adjacent to the eastern side boundary of the dwelling at No. 51 Byng Street and their respective private open spaces are concentrated toward the northern and southern sides of the sites. The proposed dwellings are (at both ground and first floors) set back 1500mm from the western boundary of the site(s). This does not meet the requirements under the DCP for rear setbacks, but readily meets the requirements of the DCP for side setbacks. In terms of impacts to the adjoining

 

The setback from the western side boundary is 1500mm with a building separation distance of between 2m – 5.2m between the subject site and the adjoining dwelling to the west at No. 51 Byng Street. Notwithstanding the proposal’s deviation from numerical standards, the proposed setback is considered to be acceptable for the following reasons:-

 

·      The western elevation closest to No. 51 features bedroom, bathroom and landing windows at the first floor level. These windows are adequately set back from the western side boundary such that there will not be any unreasonable loss of privacy for No. 51 and mostly overlooks the roof area of No. 51. 

·      The ground floor windows and openings are sufficiently screened by the existing boundary fencing between the subject sites and No. 51 Byng Street. 

·      The variation to preferred solution setback does not result in unreasonable levels of overshadowing to the adjoining dwelling to the west or south (for detailed assessment of overshadowing impacts, refer to the ‘Solar Access and Energy Efficiency’ section below).

·      The narrow area within the “rear setback” is not capable of, or intended for use as an area for outdoor recreation. The main private open spaces for Nos. 2 and 4 Beatty Street are concentrated toward the northern and southern ends of the sites, consistent with the locations of the front and rear yards of No. 51 Byng Street. As such, it is not expected that the proposed arrangement of dwellings on the subject sites will result in any unreasonable adverse impacts to the amenity and privacy of the adjacent sites. 

·      The proposed dwelling adequately addresses both street frontages and reserves ample setbacks/open space to maintain visual continuity of established setback pattern along Beatty and Byng Streets. 

 

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.

See assessment below.

S1

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

See assessment below.

S1

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

Not applicable.

S3

Buildings comply with AS 371 and AS 2107.

Conditioned to comply with the BCA.

 

Comment:

The openings proposed for the northern and eastern elevations overlook Byng and Beatty Streets, respectively.

 

The majority of large window and door openings extending from high traffic living areas are located at the ground floor, where the existing boundary fences between the subject sites and adjacent properties is sufficient in maintaining reasonable privacy.

 

The upper floors of both dwellings comprises of stairwells/landing areas, bedrooms and bathrooms, which are not considered to be rooms of high pedestrian traffic. The southern elevation of No. 4 Beatty Street is located 6.5m from the shared boundary between No. 4 and Nos 44 and 46 Kitchener Streets at both ground and first floors. This angle is sufficient in maintaining reasonable levels of privacy and amenity for the dwellings to the south and allows only oblique overlooking at the first floor. Further, the southern elevation features only one highlight window servicing a bedroom and a smaller, narrow window servicing the ensuite.

 

The proposed patio extending from the living/dining area of No. 2 Beatty Street is located adjacent to Byng Street, and does not result in any adverse impacts to the privacy and amenity of the future occupants of the dwelling or adjacent properties.

 

The patio extending from the living/dining area of No. 4 Beatty Street is elevated above the yard level by approximately 1.4m and is 3.5m from the southern boundary. The close proximity of this elevated deck to the private open spaces of Nos. 44 and 46 Kitchener Street creates overlooking concerns. As such, a suitable condition has been imposed to require that the 1500mm high privacy screen indicated for provision to the western edge of the patio be extended along the entire length of the southern edge to maintain adequate levels of privacy for the dwellings to the south. 

 

Subject to compliance with conditions of consent, the proposed location and design of proposed windows to the dwelling are sympathetic to the privacy needs of adjoining dwellings and satisfactorily address the relevant objectives and preferred solutions of the DCP for Dwelling Houses and Attached Dual Occupancies.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The proposed front doors face the street. Complies.

S1,3

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

The proposed dwellings have living and bedroom windows that overlook the street. Complies.

S2

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

Suitable condition included.

 

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.

The proposed dwellings have each been provided with one internal garage and one carspace to the front of the dwelling. Complies.

S1

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

The dimensions of the parking spaces are (minimum (2.8m x 6m). Complies.

S1

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

The proposed driveways are a minimum of 3m wide and set back is 3 metres wide and is set back at least 1 metre from the side boundaries of the properties. The driveways for the dwellings are located adjacent to each other at the shared boundary between Nos. 2 and 4.

The proposal has been assessed by Council’s Development Engineers and no objections were raised on traffic or safety grounds. Suitable conditions have been included in this report.

S1

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

The proposed driveways are 5m at the front boundary. Does not comply. However, due to the generous frontage resultant from the arrangement of the allotments, areas occupied by the access driveway are considered to be satisfactory and will not result in unacceptable visual impacts.

The proposal has been assessed by Council’s Development Engineers and no objections were raised on traffic or safety grounds. Suitable conditions have been included in this report.

S1

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

The proposed driveway gradient is less than 1 in 8. Complies.

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.

The proposed garage is located approximately 2m forward of the building line. Notwithstanding this, the garages, which are of a single car width, are not considered to be a dominating element when viewed in conjunction with the proposed building facades. The garages break up the building bulk to the front of the dwellings and are not considered to be obtrusive in the overall scale of the streetscape and surrounding parking spaces.

S2

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

The proposed garages occupy about

No. 2 Beatty Street – 26%

No. 4 Beatty Street – 18.8%

Complies.

 

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.

Not applicable.

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 proposed front fence has a height of 1200mm – 1800mm with the lower 600mm constructed of solid masonry base and 50% transparent infill panels to the 1200mm high sections and solid infill panels for the sections proposed to a height of 1800mm. Does not comply, see assessment below.

 

 

Comment:

Generally, the Objectives and Performance Requirements for fences in the DCP are to ensure that front fencing is integrated with the streetscape and is compatible with the appearance of the dwelling and any established local fence form and material.

 

The current application proposes perimeter fencing around the front/street alignments of the site (Beatty and Byng Street frontages). Existing boundary fences are sufficient in maintaining reasonable levels of privacy between the subject sites and adjoining properties to the south and east. The small section of solid fencing along Beatty Street, adjacent to Nos. 46 and 44 Kitchener Street (extending 4.7m) is considered to be acceptable as the 1800mm portion is relatively short and does not dominate the appearance of the dwelling. Further this height is consistent with that of the existing 1800mm colourbond fence along the side of No. 46 Kitchener Street.

 

However, the proposed solid fencing along the Byng Street, which serves as a side fence to screen the private open space of No. 2 Beatty Street is considered to be visually overbearing when viewed in the context of the open/low nature of the established fencing designs in the immediate. The prominent corner location of the site further exacerbates the appearance of excessive height when viewed from the street. A condition of consent has been included in the consent requiring the height of the fence on the Byng Street alignment to be reduced, to be of an open design, and planting be provided within the site to provide privacy. 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

See BASIX

 

S2

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

The private open spaces of No. 2 Beatty Street will receive sunlight over most of its area over all of the daylight hours during winter solstice. 

The open space between the dwelling at No. 4 Beatty Street and Nos. 44 and 46 Kitchener Street will be substantially overshadowed in the winder due to its orientation. The south eastern corner of No. 4 Beatty Street’s private open space will receive sunlight during the winter mornings and gradually become overshadowed from noon onwards.

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.

The dwelling at No. 2 Beatty Street features north facing windows which receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June. The dwelling at No. 4 Beatty Street does not have any north facing window openings as this is the shared boundary between the two properties and where the walls of the dwellings abut one another. Complies.

S9

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

The proposal will not overshadow solar collectors on adjoining properties. Complies.

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.

The proposal will not reduce solar access to less than 3 hours on north-facing windows. Complies.

S9

Principal outdoor recreation space 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.

The proposal will not reduce solar access to private open space to less than 3 hours. For detailed discussion refer to comments below.

 

Comment:

The overall Objectives of the DCP seek to ensure that development promotes and has regard to the concept of Ecologically Sustainable Development. In this respect the objectives promote energy efficiency in design and construction; encourage the use of appropriate resources and passive solar design; and protect solar access enjoyed by the adjoining premises.

The Dwelling Houses and Attached Dual Occupancies Development Control Plan preferred solutions require that north-facing windows and private open spaces of neighbouring properties receive at least 3 hours of sunlight over at least part of their surface between 9.00am and 3.00pm on 21 June.

Due to the orientation of the site, combined with the subdivision pattern of adjacent allotments to the south (where Nos. 44 and 46 Kitchener Street lie perpendicular to the subject site at Nos. 2 and 4 Beatty Street), there will be a degree of unavoidable overshadowing to the rear yards of the adjoining properties at 44 and 46 Kitchener Street.

Accompanying shadow diagrams indicate that whilst parts of the adjoining rear yards at 44 and 46 Kitchener Street will experience overshadowing during winter, their rear yards will receive ample light (alternating) between the mornings and afternoons. No. 44 will experience a minor degree of overshadowing in the mornings whilst No. 46 is completely free from overshadowing and receives ample solar access. At noon, there is a greater degree of overshadowing to the rear yard of No. 44, but the northern elevation of the existing dwelling at No. 44 remains free from overshadowing. No 46 will receive partial sunlight at noon (over more than 50% of its area) and is overshadowed at 3pm whilst No. 44 is generally free from overshadowing in the afternoons from 3pm onwards.

Further, the southern side of the proposed dwelling at No. 4 Beatty Street is set back 6.5m from the shared boundary between Nos. 44 and 46 Kitchener Street. This elevation readily meets the external wall height requirements of the DCP for dwelling houses while higher elements of the dwelling contributing to greater overshadowing is concentrated toward the northern side of No. 4 Beatty Street where the dwelling adjoins No. 6 Beatty Street. 

By virtue of the orientation of the allotments, where No. 51 Byng Street is directly to the east of the subject site, the proposal will have acceptable impacts to the solar access currently enjoyed by No, 51, where the east facing windows and rear yard will be overshadowed during winter mornings, but be completely free from overshadowing by 12 noon. Further, the north facing windows of No. 51 Byng Street are not affected by the proposal.

 

Similarly, No. 49 Byng Street, the semi detached dwelling adjoining No. 51, is located one property further to the east will experience overshadowing in the rear yard during the winter mornings and will be completely free from overshadowing from 12 noon onwards. 

 

10.2    Development Control Plan – Parking

The DCP – Parking requires carparking to be provided for dwelling houses and attached dual occupancies at a rate of 1 space per dwelling with two or less bedrooms and 2 spaces per dwelling with 3 or more bedrooms. The proposal provides 2 parking spaces to each dwelling in the form of a single garage and hardstand carspace. Therefore complies with parking requirements for dual occupancies. The proposal has been assessed by Council’s Development Engineers and no objections were raised on traffic or safety grounds.

 

10.3    Section 94A Contributions

In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, the following monetary levy must be paid to Council.