Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 13 December 2011

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                             13 December 2011

 

 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council Meeting

 

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

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

Acknowledgement of the local indigenous people

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 22 November 2011

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minutes

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

Urgent Business

Director City Planning Reports (record of voting required)

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

CP128/11   16 Napper Street, South Coogee (DA/1068/2010) (Deferred)

CP129/11   4 Hannan Street, Maroubra (DA/804/2011)

CP130/11   96 Maroubra Road, Maroubra (DA/926/2010)

CP131/11   3 Forsyth Street, Kingsford (DA/887/2010)

CP132/11   201-207 Barker Street, Randwick (DA/526/2010/A)

CP133/11   102 Oberon Street, Randwick (DA/715/2011)

CP134/11   164 Beach Street, Coogee (DA/604/2011)

CP135/11   11 Pitt Street, Randwick (DA/701/2011)

CP136/11   32-34 The Avenue, Randwick (DA/520/2011)

CP137/11   JRPP Report for 126-146R Robey Street, Maroubra (DA/855/2011)

CP138/11   Reporting variation to Development Standard under State Environment Planning Policy No. 1 (SEPP1) for the month of November, 2011

Director City Planning Reports (record of voting NOT required)

CP139/11   Australia Day activities 2011

CP141/11   Liquor Act 2007 - Liquor Licence Application for the 2012 Spot Food & Film Festival  

General Manager's Reports

GM41/11    Social Media Policy

GM42/11    Social Media for the Public Sector Conference

GM43/11    Update on Council's eNews

GM44/11    Greening Randwick Committee - Actions Arising from November Meeting

Director City Services Reports

Nil

Director Governance & Financial Services Reports

GF76/11    Delegations of Authority

GF77/11    Review of Code of Meeting Practice

GF78/11    Affixing of the Seal

GF79/11    One Association to represent Local Government in NSW  

Petitions

Motion Pursuant to Notice

NM30/11    Motion Pursuant to Notice from Cr Procopiadis - Membership Ethnic Community Council of NSW

NM31/11    Motion Pursuant to Notice from Cr Notley-Smith - Installation of water bubblers - Northern section of the Coastal Walkway

NM32/11    Motion Pursuant to Notice from Cr Stevenson - Carbon Communities Grant Program

NM33/11    Motion Pursuant to Notice from Cr Bowen - Establishing the "Your Choice" scheme

NM34/11    Motion Pursuant to Notice from Cr Bowen - Proposing the installation of toilets at the Randwick Environment Park  

NM35/11    Motion Pursuant to Notice from Cr Stevenson - Grant Funding - Access Initiatives for Affordable Housing ………………………………………………………………...439

Closed Session (record of voting required)

GM45/11    15 Seaside Parade, South Coogee (DA/441/2008)

This matter is considered to be confidential under Section 10A(2)(g) of the Local Government Act, as it deals with advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege

 


GF80/11    Catering Services Contract - Completion of Trial Periods

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

GF81/11    Tender for Mechanical Repairs - T08/11

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

Notice of Rescission Motion

NR5/11      Notice of Rescission Motion from Councillors Stevenson, Procopiadis & White - Investigation into Breach of Contract - Conflict of Interest SRBG.............. 441  

 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council                                                                                             13 December 2011

 

 

Director City Planning Report No. CP128/11

 

 

Subject:                  16 Napper Street, South Coogee (DA/1068/2010)

Folder No:                   DA/1068/2010

Author:                   Alex Van Son, Senior Environmental Planner     

 

Introduction

 

The proposed development involves alterations and additions to the existing dwelling including extension of ground floor and internal alterations, addition of basement level and addition of first floor attic level with balconies at front and rear.

 

The subject development application was referred to Council as it was called up by Councillors Matson, Smith and Bowen. It was resolved at the Planning Committee Meeting on 11 October 2011, that:

 

“(Matson/Mayor, Cr Nash) that the application be deferred to allow mediation between the applicant and the objector in relation to the view loss issues.”

 

A mediation session was held on 10 November 2011 between the Applicant and the objector from No. 14 Napper Street.

 

Issues

 

Results of mediation sessions

During the meeting, the main concern raised by the objector present was view loss as a result of that part of the ground floor that was to be extended toward the front boundary. Various options were explored as to how this could be addressed and a solution was eventually agreed “in principle” by all parties. The outcome of the mediation session was as follows:

 

·           The applicant agrees to amend the current development application by splaying the south west corner of the dwelling by 500-600mm and with the addition of a continuous glass window.

·           The applicant was to provide amended plans to the objector.

·           It was agreed that a privacy screen will be erected by the objector on the eastern side of the balcony at No. 14 Napper Street, adjacent to No. 16 Napper Street to achieve mutual privacy.

 

The above outcome was agreed in principle by both parties and amended plans were submitted to Council on the 15 November 2011 with a splay measuring 1200mm, in excess of that agreed at mediation.

 

At the time of writing, the owner of No. 14. Napper Street has not yet been furnished with amended plans by the applicant as agreed during mediation. Mr. Hogan was notified by the assessing officer on the 31 November that amended plans were available for their review and that the amended proposal was likely to be put before Council on 13 December 2011. 

 

It should be noted that the erection of a privacy screen on the front balcony of No. 14 Napper Street cannot be required as part of this Development Application approval and forms an informal agreement between relevant parties only.

Drawing Error:

 

In response to the objector, Mr. Hogan, reviewing the amended plans, a drawing error was identified. It is noted that there is an inconsistency between the Section A-A drawing (1369/10, Sheet 8) and the south-west, north-east and south east elevations. In particular, the bottom of the roof associated with ground floor level is shown as being at approximately RL60.25 on Section A-A; on all elevations this bottom of this roof is shown as being at RL60.56. A condition is recommended that would require the bottom of this roof to be  no lower than RL60.56.

 

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

 

In accordance with Council’s resolution at its Ordinary Meeting on 11 October 2011, a mediation session was held on the 10 November 2011. An agreement was reached between the parties at the conclusion of the mediation process as detailed above and amended plans have been submitted by the applicant. The application is therefore referred back to the Planning Committee for its consideration and determination.

 

The proposal has been assessed by the planning officer as being satisfactory, and will not result in unreasonable impacts on the streetscape and the amenity of the adjoining and surrounding residential properties. The application is therefore recommended for approval, subject to the attached conditions of consent.

 

 

Recommendation

 

That Council as the responsible authority grant its approval under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/1068/2010  for alterations and additions to the existing dwelling including extension of ground floor and internal alterations, addition of basement level and addition of first floor attic level with balconies at front and rearof No. 16 Napper Street, South Coogee, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

1369/10 S1

John Moshonis Bros. Designs

June 10

15 November 2011

1369/10 S2

John Moshonis Bros. Designs

June 10

15 November 2011

1369/10 S5

John Moshonis Bros. Designs

June 10

15 November 2011

1369/10 S6

John Moshonis Bros. Designs

June 10

15 November 2011

1369/10 S7

John Moshonis Bros. Designs

June 10

15 November 2011

1369/10 S8

John Moshonis Bros. Designs

June 10

15 November 2011

1369/10 S9

John Moshonis Bros. Designs

June 10

15 November 2011

 

BASIX Certificate

No.

Dated

Received

16 Napper Street

A100684

25 November 2010

2 December 2010

 

Amendment of Plans & Documentation

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

 

a.   A privacy screen having a height of 1.8m above floor level must be provided to the south western side of the rear north west facing terrace.

 

b.      All privacy screens must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

c.      Section A-A (1369/10, S8) shall be amended to accurately reflect all approved elevations. The external eave associated with the roof at ground floor level must not be constructed below RL60.56.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

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

 

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

 

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

 

Section 94A Development Contributions

6.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $250,000.00, the following applicable monetary levy must be paid to Council:   $2,500.00

       

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

 

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

 

Compliance with the Building Code of Australia

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

 

Structural Adequacy

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

 

Long Service Levy Payments

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

 

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

 

Security Deposits

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

 

·     $600.00     -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Design Alignment levels

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

 

The design alignment level/s at the property boundary as issued by Council and their relationship to the roadway/kerb/footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

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

 

Stormwater Drainage

12.     Stormwater runoff from the redeveloped portion of site shall be discharged to Napper Street r along the site frontage by gravity (without the use of a charged system).

 

BASIX Requirements

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

 

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

 

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

 

Energy & Water Efficiency

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

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

 

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

 

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

 

Smoke Alarms

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

16.     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

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

 

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

 

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

19.     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

20.     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

21.     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

22.     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

23.     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

24.     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.

 

Protection of trees in rear yard

25.     In order to ensure retention of the two established native trees in the rear yard, along the northern boundary, beyond the northeast corner of the existing dwelling, in the middle and upper terraces respectively, being from east to west, a semi-mature Ficus macrophylla (Moreton Bay Fig) and a Eucalyptus saligna (Sydney Blue Gum) in good health, the following measures are to be undertaken:

a.     Should any new services, pipes, rain water tanks, stormwater systems or similar need to be installed in the rear yard, in either terrace adjacent both trees, they must be located in the western half of the site, with any excavations to be setback a minimum distance 6 metres from their trunks.

 

b.     Should any of the existing retaining walls in the middle terrace (shown as RL 61.25), need to be re-constructed as part of the proposed works, temporary shoring must be provided (to accepted industry standards) so as to prevent collapse of the soil profile and disturbance to their root plates.

 

c.     There is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within either of the middle or upper terraces during the course of the works, with all Site Management Plans needing to acknowledge these requirements.

 

Demolition Work Requirements

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

·          Occupational Health & Safety Act 2000 & Regulations

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

·          WorkCover NSW Guidelines and Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECCW/EPA Guidelines

·          Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

·          Randwick City Council’s Asbestos Policy

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

 

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

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

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

 

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

 

Site Signage

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

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

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

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

 

Sediment & Erosion Control

29.     Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.  Details are to be included in the Construction Site Management Plan.

 

Public Safety & Site Management

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

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

 

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

 

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

 

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

 

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

 

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

 

Excavations, Back-filling & Retaining Walls

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

 

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

 

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

 

Support of Adjoining Land

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

 

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

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

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

 

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

 

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

 

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

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

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

 

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Inspections During Construction

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

 

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

 

 

Building Encroachments

36.     There must be no encroachment of any structures or building work onto Council’s road reserve, footway, nature strip or public place.

 

Road/Asset Opening Permit

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

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

BASIX Requirements

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

 

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

 

Occupant Safety

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

 

Options may include one or more of the following measures:

 

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

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

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

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

·          Other appropriate effective safety measures or barrier.

 

Council’s Infrastructure, Vehicular Crossings, street verge

41.     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.

 

42.     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.

 

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

 

OPERATIONAL CONDITIONS

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

 

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

 

Use of premises

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

 

External Lighting

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

 

Protection of the Environment Operations Act 1997 – Air Conditioners

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

 

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

 

Air Conditioning & Equipment

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

 

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

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

 

Protection of the Environment Operations Act 1997 – Rainwater Tanks

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

 

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

 

Rainwater Tank Requirements

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

 

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

 

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

 

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

 

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

 

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

·    before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                             13 December 2011

 

 

Director City Planning Report No. CP129/11

 

 

Subject:                  4 Hannan Street, Maroubra (DA/804/2011)

Folder No:                   DA/804/2011

Author:                   Adrian McKeown, Environmental Planning Assessment Officer     

 

Proposal:                     Substantial alterations to the existing semi detached dwelling including a new first floor addition

Ward:                      West Ward

Applicant:                Antonius & Associates

Owner:                         John Nettle

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

 

1.    Executive Summary

 

The application has been referred to the Council for determination as the proposed development includes a SEPP 1 Objection of greater than 10%. It is proposed to exceed the development standard for floor space ratio by 12.3%, pursuant to Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation) and the applicant submitted a SEPP1 Objection with the application.

 

Whilst the proposal exceeds the maximum floor space ratio standard by 12.3% (19m2), it should be noted that the proposal if considered as alterations and additions to a semi detached dwelling would comply with the preferred solution for floor space ratio under the DCP for Dwelling Houses and Attached Dual Occupancies. Notwithstanding, a SEPP 1 objection has been submitted and has appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case.  It is also noted that a SEPP 1 Objection was submitted on 11 November 2011 regarding maximum external wall height, as the proposed dwelling will include a maximum external wall height of 7.2m (an excess of 3%).

 

The Development Application seeks consent for substantial alterations to the existing dwelling including a new first floor addition.

 

The application was notified to the surrounding properties and no objections were received during the notification period. The application is recommended for approval, and a condition is recommended that a 1.6m privacy screen be included on the northern end of the proposed ground floor rear deck. This condition is recommended to ensure that the proposed works will not impose an unreasonable impact on the neighbouring dwelling with regard to visual privacy.

 

2.    The Proposal

 

The Development Application seeks consent for substantial alterations to the existing dwelling including a new first floor addition. An open-plan kitchen/dining area will be created on the ground floor with a raised timber deck to the rear. The first floor addition will include 3 bedrooms and a bathroom with a balcony and planter box to the rear of the addition. A single hardstand car space is proposed within the front setback and an in-ground pool is proposed for the rear yard. 

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the western side of Hannan Street within the Zone No 2A (Residential A Zone). The site has a frontage of 6.1m, a depth of 49.6m and a total area of 306.8m2. The site has an easterly aspect and slopes towards the rear street from the street. A single storey semi-detached dwelling exists on the site. A two storey dwelling is located to the north of the subject site and the adjoining semi-detached dwelling is located to the south of the site.  

 

Figure 1:  The existing semi-detached dwelling on the subject site.

 

4.    Site History

 

There is no relevant development history for the site.

 

5.    State Environmental Planning Policy (SEPP) No. 1 Development Standards – Floor Space Ratio

 

The proposal seeks to vary a development standard contained within RLEP 1998 (Consolidation). A SEPP 1 objection has been submitted to Council.

 

Pursuant to Clause 20F  (Floor Space Ratios) of the Randwick Local Environmental Plan 1998, the maximum floor space ratio for development, other than for the purpose of a dwelling house on land zoned 2A Residential is 0.5:1. The proposed variation is summarized in the table below.

 

 

Floor Space Ratio

LEP development standard

0.5:1

Proposal

0.56:1 - gross floor area of 172.4m2 

Excess above the LEP standard

19m2 above the development standard which equates to a proposed 12.3% excess.

 

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

 

Matter 1

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

 

·      Comments:

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

 

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

 

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

 

-     The development is consistent in height, scale and proportion to existing buildings within the streetscape;

 

-     The development will not impose any unreasonable impacts on the amenity of adjoining dwellings;

 

-     The development is to the rear of an existing semi-detached dwelling and will maintain the façade of the dwelling as viewed from the streetscape; and

 

-     The development is consistent with the objectives and performance requirements of the Dwelling Houses and Attached Dual Occupancies DCP with regard to overshadowing.

 

It is considered that the proposal is satisfactory and compliance with the development standard is unreasonable and unnecessary based on the following reasons:

 

-        The development standard is intended to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area and it is considered that the proposal is not inconsistent with this objective. The proposed first floor addition will result in a semi-detached dwelling which is visually consistent with existing residential development in the area;

 

-        The proposed development would comply with the maximum stated within Council’s DCP for Dwelling Houses and Attached Dual Occupancies; and

 

-        As will be discussed in the following sections, the proposal (as conditioned) will not result in any unreasonable adverse impacts on the adjoining residential properties in terms of perceived bulk and scale, maximum external wall height, overshadowing or privacy.

 

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

 

Matter 2

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

 

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

 

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

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

 

·      Comments:

The variation from the floor space ratio standard is not inconsistent with the aims of SEPP 1 as it would not detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

 

The proposal is also consistent with the relevant objectives of the Residential 2A Zone in that it will allow development which is consistent with the desired character of the locality and which will protect the amenity of existing residents.

 

Matter 3

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

 

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

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

 

·      Comment:

The proposed development and variation from the development standards do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not allow the best economic use of the site and the delivery of a suitably scaled in-fill residential development in an established neighbourhood. In this instance, there is no public benefit in maintaining the control.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

 

Comments:

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

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

The floor space ratio standard has not been abandoned or discarded by any decision or actions of Council.

 

Fifth

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

 

Comments:

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

 

6.    State Environmental Planning Policy (SEPP) No. 1 Development Standards – Maximum External Wall Height

 

The proposal seeks to vary a development standard contained within the RLEP 1998 (Consolidation). A SEPP 1 objection has been submitted to Council.

 

Pursuant to Clause 20G  (Building Heights) of the Randwick Local Environmental Plan 1998, the maximum building height for a building, other than a dwelling house, within Zone No 2A or 2B is 9.5 metres measured vertically from any point on ground level. Further, the maximum height for any external wall of a building, other than a dwelling house, within Zone No 2A or 2B is 7 metres measured vertically from any point on ground level.

 

The proposed maximum external wall height 7.2m. The proposed variation is summarized in the table below:

 

 

Building Height

Proposal

The proposed maximum wall height is 7.2m.

LEP development standard

Maximum height for any external wall of a building, other than a dwelling house, within Zone No 2A is 7 metres measured vertically from any point on ground level

Excess above the LEP standard

The proposed maximum wall height is 0.2m above the development standard which equates to a proposed excess of 3%.

 

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

 

Matter 1

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

 

·      Comments:

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

 

To operate together with the 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 a written SEPP 1 objection, which outlines the following justifications for the variation to the standard:

 

-        The non-conformance with the development standard is marginal and is only for a small component of the dwelling;

 

-        The bulk and scale of the proposal has been reduced by the inclusion of appropriate materials and through the use of suitable setbacks;

 

-        The overall maximum building height is 1.8m below the development standard;   

 

-        The additional height will not impose any unreasonable impacts on the neighbouring dwellings; and

 

-        The proposed first floor addition is towards the rear of the dwelling and will minimise the impact of the proposal on the streetscape.

 

It is considered that the proposal is satisfactory and compliance with the development standard is unreasonable and unnecessary based on the following reasons:

 

-        The development standard is intended to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area. It is considered that the proposal is not inconsistent with this objective given that the first floor addition will be in keeping with similar additions to dwelling in the locality and will not visually dominate the adjoining semi-detached dwelling at 6 Hannan Street; and

 

-        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 perceived bulk and scale, view loss or privacy;

 

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

 

Matter 2

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

 

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

 

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

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

 

·      Comments:

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

 

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

 

Matter 3

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

 

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

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

 

·      Comment:

The proposed development and variation from the development standards do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not allow the best economic use of the site and the delivery of a suitably scaled in-fill residential development in an established neighbourhood. In this instance, there is no public benefit in maintaining the control.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

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

 

Fifth

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

 

Comments:

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

 

7.    Community Consultation

 

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

 

8.    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:-

 

8.1      Development Engineer Comments:

 

Tree & Landscape Comments

On Council’s Hannan Street verge, located halfway across the width of the site, there is a mature Agonis flexuosa (Willow Myrtle) which has had its true dimensions reduced to about 4-5m x 4-5m due to repeated heavy pruning away from the overhead wires, as well as off the footpath and roadway.

 

While being one of the last remaining established public trees in this section of the street, it is in poor health and condition as the majority of laterals have been removed, with a large quantity of untidy and poorly attached sucker growth also emerging from its base.

 

Importantly, the site inspection revealed the fruiting body of a wood decaying fungus on the western side of its trunk, at about 1m above ground level, which is an indication that internal decay is already well advanced in this tree, and as this is always seen as grounds for removal, approval has been given.

 

The applicant must cover all costs for this, including a minor loss of amenity fee which recognises its poor condition, but also the fact that a replacement cannot be provided due to a lack of available space upon completion given the presence of another crossing in front of the neighbouring property at no.6, and line of sight requirements.

 

The existing vegetation throughout the front setback is not significant in anyway, including the centrally located Ceratopetalum gummiferum (NSW Xmas Tree), and can be removed in order to accommodate the proposed internal hardstand as shown.

 

Similarly, while the variety of shrubs/small trees in the rear yard provide valuable screening and privacy from other structures on adjoining properties to the south and west, their random, staggered arrangement also restricts the usability of this primary area of private open space, with none of them observed to be significant enough to warrant a re-design to allow their retention.

 

As such, consent has been granted for removal of the 6m tall Jacaranda mimosifolia (Jacaranda) along the southern boundary so as to accommodate the pool, with no objections raised to removal of the clump of Strelitzia nicholii (Giant Bird of Paradise) and Ceratopetalum gummiferum (NSW Xmas Tree) along the northern boundary, subject to replacements being provided so as to maintain reasonable levels of amenity for both this site and neighbours.

 

Should the application be approved the following conditions shall apply:

 

9.    Master Planning Requirements

 

The subject site has an area of less than 10,000 square metres and is not subject to Clause 40A of the of Randwick LEP 1998 (Consolidation).

 

10. Relevant Environmental Planning Instruments and Policies

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent. The following clauses of the Randwick Local Environmental Plan 1998 (Consolidation) are applicable to the development:

 

Clause 20E   Landscaped area

Development, otherwise than for the purpose of a dwelling house, within Zone No 2A must provide a minimum of 40% of the total site area as landscaped area. The proposed landscaped area is 46% and the proposal is compliant with the clause.

 

Clause 20F   Floor space ratio

The maximum floor space ratio for a building, other than a building erected for the purpose of a dwelling house, within the 2A (Residential A Zone) is 0.5:1 whereas the proposed maximum floor space ratio is 0.56:1.

 

The proposal does not comply with the development standard and the applicant submitted a SEPP 1 Objection with the development application. (see further discussion above – Part 5).

 

Clause 20G   Building and wall heights

The maximum height for any external wall of a building, other than a dwelling house, within Zone No 2A is 7 metres measured vertically from any point on ground level.

The proposal does not comply with the development standard and the applicant submitted a SEPP 1 Objection on 11 November 2011 (see further discussion above – Part 6).

 

SEPP (Building Sustainability Index: BASIX) 2004.

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

The plans have been checked and they are consistent with the requirements indicated on the submitted BASIX certificate for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP:BASIX have been included in the recommendation section of this report.

 

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

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

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

The proposal generally satisfies the preferred solutions in the DCP Dwelling Houses and Attached Dual Occupancies, except where discussed in the key issues section of this report.

 

Section 94A Contribution DCP

 

The DCP authorises Randwick City Council to impose, as a condition of development consent, a requirement that the applicant pay Council a levy determined in accordance with the following schedule:

 

Development cost

$100,001 - $200,000

N/A

N/A

N/A

Development cost

> $200,001

$350,900

1%

$3,509.00

 

 

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

The environmental impacts of the proposed development on the natural and built environment, which are otherwise not addressed in this report, are discussed in the paragraphs below. The proposed development is consistent with the dominant residential character in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality.

 

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

The site has sufficient area to accommodate the proposed land use and associated structures. Therefore, the site is considered suitable for the proposed development.

 

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

 

No submissions were received regarding the application. 

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

The proposal promotes the objectives of the zone and will not result in any significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered to be in the public interest.

 

 

11. Environmental Assessment

 

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

 

11.1    Reduced Side Setbacks

The DCP preferred solution for side setbacks at first floor level is 1.5m whereas the application proposes a northern side setback of 1.5m and a zero side setback to the adjoining semi-detached dwelling. The application is consistent with the objectives and performance requirements of the DCP for the following reasons:

·      No unreasonable impacts will result as a result of visual bulk or overshadowing;

·      Neighbouring properties will retain access to sunlight, daylight and fresh air as a result of the proposed works; and

·      The DCP allows for setbacks to be less than the Preferred Solution where it is proposed to extend an existing semi-detached building along the alignment of the common wall.

 

11.2    Visual Privacy

The north-facing first floor windows are to service 3 bedrooms, a void area and a bathroom.  The windows for bedrooms 1 & 2 are to be highlight windows. The windows for bedroom 3 and the void area are not considered to impose any unreasonable impact on neighbouring dwellings with regard to privacy as they will principally overlook the roof of the adjoining dwelling at 2 Hannan Street.

The rear-facing balcony will service the master bedroom and includes a privacy screen to the southern side only as well as planter box to the western end of the balcony. The proposed balcony is not considered to impose any unreasonable impact on neighbouring dwellings with regard to privacy given that privacy screening is to be provided, that the balcony is not overly large (measuring 1.8 x 4.8m) and that the balcony will service a bedroom which is considered to be a low-traffic area of the dwelling. Further, there is already substantial overlooking of neighbouring yards from the existing dwelling (see Figure 2 below).

 

The proposed open-plan kitchen/dining area to the ground floor of the dwelling will be accessed from the rear yard via a raised timber deck to the rear. The timber deck will be raised 0.8m above the existing ground level and will be setback 1m from the northern property boundary. Despite the fact that there is already substantial overlooking of the neighbouring yard to the north from the rear of the existing dwelling (see Figure 2 below), it is considered that the proposed new deck has the capacity to impose an unreasonable impact on the neighbouring dwelling to the north with regard to visual privacy. Consequently, a condition of consent is recommended, that the deck must be constructed with a privacy screen to a height of 1.6m above the rear deck level.

Figure 2:  Existing view towards the rear yard of the neighbouring

property at 2 Hannan Street.

 

11.3    Garages, Carports and Driveways:

With regard to garages, carports and driveways, the Objectives of the Dwelling Houses and Attached Dual Occupancies DCP are to ensure that on-site parking and driveways are not visually obtrusive, do not detract from the appearance of dwellings or the local streetscape and that convenient and safe parking and access is provided. Preferred solutions within the DCP include the following:

 

·      That dwellings with 2 or less bedrooms provide 1 off-street parking spaces and that dwellings with 3 or more bedrooms provide 2 off-street parking spaces;

·      That parking spaces have a min. dimension of 5.5m x 2.5m;

·      Where vehicular access is available only from the front of the allotment, carports and garages are to be located behind the building line;

·      Driveway maximum width of 3m at the property boundary;

·      That driveways and car parking structures do not occupy more than 35% of the width of the site; and

·      Driveways include a side set back from the property boundary of 1m.

 

The proposal includes a hardstand car space with dimensions of 5.5m x 3.8m, to be located forward of the building line and with a driveway which is proposed to occupy 62% of the site.  Despite the non-compliances with the preferred solutions of the DCP, it is considered that the proposal is consistent with the objectives and performance requirements of the DCP for the following reasons:

 

·      The dwelling was constructed without any off-street parking. The proposed hardstand will provide one off-street car parking space where none currently exists, thereby bringing the existing development will more closely in line with contemporary off-street parking requirements;

·      The resultant hardstand will complement the existing streetscape in that it would not be dissimilar to garages for properties in the locality;

·      The proposed hardstand will not be visually obtrusive in that the existing semi-detached dwelling to the site and the adjacent semi-detached dwelling to 6 Hannan Street will not be visually dominated by the proposal; and

·      It is not considered that the proposed hardstand will result in a negative impact on neighbouring properties with regard to safety. The open sided structure will enable site lines to be maintained to the adjacent footway.

 

11.4    Visual Bulk and Scale

The proposal exceeds Council’s development control for floor space ratio however the non-compliance is supported (See further discussion above - Part 5). The maximum height of the proposed first floor addition will be minimised by the use of a flat roof and the development is considered to be in keeping with adjoining development in terms of materials. The proposed first floor is articulated and setback to retain a substantial portion of the existing ground floor roof line as well as to respect the symmetry of the semi-detached dwellings on the site and the site to the west.

 

11.5    Overshadowing

Shadow diagrams submitted with the application show that private open spaces on the subject site will receive at least 3 hours sunlight over at least part of their area between 9am - 3pm on 21 June; that north-facing windows to living areas will receive at least 3 hrs sunlight over at least part of their surface between 9am - 3pm on 21 June; that solar access to existing or future solar collectors on adjacent buildings is maintained 9am - 3pm; and that the principal outdoor recreation spaces of neighbouring dwellings will receive at least 3 hours sunlight 9am- 3pm 21 June.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4          Excellence in urban design and development.

Direction 4A:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal complies with the objectives and performance requirements of the Dwelling Houses and Attached Dual Occupancies DCP however does not comply with relevant development standards of the RLEP 1998 (Consolidation). Nevertheless, support is recommended for SEPP 1 Objections relating to floor space ratio and maximum external wall height.  If approved, the proposed development would not result in any unreasonable or significant adverse impacts upon the amenity of the adjoining premises and the character of the locality.

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20F and 20G of the Randwick Local Environmental Plan 1998 (Consolidation), relating to floor space ratio and maximum 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 locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/804/2011 for substantial alterations to the existing dwelling including a new first floor addition, at No. 4 Hannan Street, Maroubra, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

A-02 (Issue A)

Antonius and Associates

December 2010

26 October 2011

A-03 (Issue A)

Antonius and Associates

December 2010

26 October 2011

A-04 (Issue PR)

Antonius and Associates

November 2010

26 October 2011

A-05 (Issue A)

Antonius and Associates

December 2010

26 October 2011

A-06 (Issue PR)

Antonius and Associates

December 2010

26 October 2011

 

BASIX Certificate

No.

Dated

 

A101973_02

25 October 2011

 

2.       The colours must be generally consistent with the submitted External Finishes Schedule received by Council on 26 October 2011.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

4.       The timber deck to the rear of the ground floor of the dwelling is to be constructed with a privacy screen along the entire northern end to a height of 1.6m above the deck level.

 

 

The privacy screen must be constructed using materials which have a total area of openings no greater than 25% of the area of the screen. Alternatively the screens may be constructed from solid obscured glazing or from louvres which are fixed at an angle to prevent direct overlooking.

 

Design Alignment levels

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

 

6.       The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $135.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

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

 

Stormwater Drainage

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

 

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

 

9.       Stormwater runoff from the site shall be discharged either:

a)       To the kerb and gutter along the site frontage by gravity (preferably without the use of a charged system); OR

 

b)       Through a private drainage easement(s) to Council’s kerb and gutter (or underground drainage system); OR

 

c)       To a suitably sized infiltration area. As a guide the infiltration area shall be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area on the site.

 

Prior to the use of infiltration in rear draining lots (where there is no formal overland escape route to Council’s kerb and gutter/street drainage system),  a geotechnical investigation will be required to determine whether the ground is suitable for infiltration. Should rock and/or a water table be encountered within two metres of the proposed base of the infiltration pit, or the ground conditions comprise low permeability soils such as clay, infiltration may not be appropriate.

 

NOTE: Should the applicant be unable to obtain a private drainage easement over properties to the rear of the development site (to facilitate stormwater discharge in accordance with option b)); and ground conditions preclude the use of infiltration (Option c), consideration may be given to the use of a charged system or a pump out system to drain that portion of the site that cannot be drained by gravity to the kerb and gutter at the front of the property.

 

10.     Should a charged system be required to drain any portion of the site, the charged system must be designed with suitable clear-outs/inspection points at pipe bends and junctions.

 

11.     Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the required discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

The pump system must also be designed and installed strictly in accordance with Randwick City Council's Stormwater Code.

 

12.     All pump out water must pass through a stilling pit prior to being discharged by gravity to the kerb and gutter.

 

Street Tree Management

13.     The applicant shall submit a total payment of $700.00 (including GST) being the cost for Council to remove, stump grind and dispose of the existing Agonis flexuosa (Willow Myrtle) from the Hannan Street verge, centrally across the width of the site, so as to accommodate the proposed vehicle crossing as shown, and also factors in the cost for Council provide a replacement tree elsewhere in the street/area.

 

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

 

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

 

Section 94A Development Contributions

14.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $350,900, the following applicable monetary levy must be paid to Council: $3,509.00.

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Structural Adequacy

17.     A Certificate of Adequacy must be supplied by a professional engineer, to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development. The Certificate of Adequacy shall address the structural adequacy of the existing dwelling to support the first floor addition.

 

Smoke Alarms

18.     Smoke alarms are required to be installed in accordance with the relevant provisions of the Building Code of Australia (volume 2) smoke alarms must comply with AS3786.  Smoke alarms must be connected to the consumer mains electric power supply and provided with a battery back-up.  Details of compliance are to be included in the construction certificate.

 

BASIX Requirements

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

 

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

 

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

 

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.

 

Sydney Water

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

 

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

 

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

 

Public Utilities

21.     A Public Utility Impact Assessment must be carried out 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.

 

22.     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.

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

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

 

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

 

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

 

b)     a Principal Certifying 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

24.     In accordance with section 80A(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

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Temporary Site Fencing

27.     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

28.     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

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

 

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

 

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

·        Details of hazardous materials (including asbestos)

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

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

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

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

·        Other relevant details, measures and requirements to be implemented

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

·        Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

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.

 

Tree Removals

30.     Approval is granted for removal of the following trees, subject to 1 x 45 litre (pot size at time of planting), broad canopied replacement tree (not a palm) being installed in the rear portion of the site, selecting a species which will attain a minimum height of 6 metres at maturity:

 

a)     The Ceratopetalum gummiferum (NSW Xmas Tree) located centrally in the front yard so as to accommodate the proposed internal hardstand as shown;

 

b)     The Jacaranda mimosifolia (Jacaranda) in the rear yard, along the southern boundary, as well as the clump of Strelitzia nicholii (Giant Bird of Paradise) and Ceratopetalum gummiferum (NSW Xmas Tree) along the northern boundary, so as to accommodate the proposed pool and associated works as shown.

 

Inspections During Construction

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

 

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

 

Site Signage

32.     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

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

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

 

Demolition Work Requirements

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

 

·                 Occupational Health & Safety Act 2000 & Regulations

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

·                 WorkCover NSW Guidelines and Codes of Practice

·                 Australian Standard 2601 (2001) – Demolition of Structures

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

·                 Relevant DECCW/EPA Guidelines

·                 Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

·            Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

·            Randwick City Council’s Asbestos Policy

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

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

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

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

 

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

Sediment & Erosion Control

36.     Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.  Details are to be included in the Construction Site Management Plan.

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

Support of Adjoining Land, Excavations & Retaining Walls

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

 

39.     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.

 

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

 

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

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

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

 

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

 

Building Encroachments

41.     There must be no encroachment of any structures or building work onto Council’s road reserve, footway, nature strip or public place.

 

Road/Asset Opening Permit

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

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

43.     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.

 

Council’s Infrastructure, Vehicular Crossings, street verge

44.     Prior to the issuing of an occupation certificate the applicant must meet the full cost for Council or a Council approved contractor to construct a concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

45.     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.

 

46.     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.

 

47.     The PCA will be required to ensure that the replacement tree described in the ‘Tree Removal’ condition above is planted prior to issuing a Final Occupation Certificate, with the owner/s to maintain it in a healthy and vigorous state until maturity.

 

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

 

Stormwater Drainage

49.     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.

 

BASIX Requirements

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

 

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

 

Occupant Safety

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

 

Options may include one or more of the following measures:

 

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

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

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

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

·            Other appropriate effective safety measures or barrier.

 

The relevant measures must be implemented prior to the issue of an occupation certificate.

 

Swimming Pool Safety

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

 

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

 

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

 

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

 

 

 

Swimming Pool & Spa Pool Requirements

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

 

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

 

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

                 

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

 

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

 

Notification of Swimming Pools & Spa Pools

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

 

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

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

 

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

 

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

 

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

 

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

 

 

 

OPERATIONAL CONDITIONS

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

 

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

 

Use of premises

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

 

External Lighting

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

 

Protection of the Environment Operations Act 1997 – Swimming Pools & Spa Pools

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

 

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

 

Pool Plant & Equipment

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

 

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

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

 

Protection of the Environment Operations Act 1997 – Rainwater Tanks

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

 

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

 

Rainwater Tank Requirements

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

 

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

 

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

 

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

 

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

A1      The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

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

 

A2      Demolition, building or excavation work must not be commenced until;

 

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

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

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

 

A3      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA) and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards and you are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A4      Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

A5      A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

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

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

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

 

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

 

A6      Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the Certifying Authority.

 

A7      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A8      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

§  the consent of the owners of such adjoining or supported land to trespass or encroach, or

§  an access order under the Access to Neighbouring Land Act 2000, or

§  an easement under section 88K of the Conveyancing Act 1919, or

§  an easement under section 40 of the Land & Environment Court Act 1979, as appropriate.

 

Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.  Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

 

A9      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.

 

A10     Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

 

Attachment/s:

 

Nil


Ordinary Council                                                                                             13 December 2011

 

 

Director City Planning Report No. CP130/11

 

 

Subject:                  96 Maroubra Road, Maroubra (DA/926/2010)

Folder No:                   DA/926/2010

Author:                   GAT & Associates , Pty Ltd     

 

Proposal:                     Demolition of existing structures and construction of a 7 storey multi-unit residential building comprising 15 units with basement and ground level carparking and associated works

Ward:                      Central Ward

Applicant:                The Architecture Company Pty Ltd

Owner:                         Mr M Savic

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application is referred to Council as it is valued at over $2 million.

 

A Development Application has been submitted to Council, seeking the demolition of the existing buildings on the site, and the construction of a 7-storey residential flat building containing 6 studio units and 9 x 1 bed units, with basement and ground level parking.

 

The site is known as 96 Maroubra Road, Maroubra.

 

The site is a corner block (on corner of Maroubra Road and Hannan Street) and has a site area of 429.41m2.

 

The basement level proposed will accommodate 12 car spaces, accessed from Hannan Street. The basement level will also provide a garbage room, bicycle parking, rainwater tanks and storage areas. An additional 2 car spaces are also proposed at grade, at the rear of the site, accessed from Hannan Street.

 

A common outdoor area allowing for some deep soil planting will be located along the rear boundary.

 

The site adjoins a 9 storey residential flat building to the east at 98-102 Maroubra Rd. The site to the north (rear) is currently being developed following approval being issued by Council for the construction of a 5 storey residential flat building (DA113/2009). Located in the immediate area are multi-storey residential flat buildings and single dwellings.

 

During the first notification period, fifteen (15) submissions were received which raised issues relating to non-compliance with the Randwick Local Environmental Plan 1998, Maroubra Junction Development Control Plan increase in traffic for the area; insufficient on-site parking; insufficient building setbacks; excessive height; loss of views and privacy; and increase in overshadowing to adjoining units.

 

Council has corresponded with the applicant requiring the following substantive matters to be addressed:

 

-      A Traffic and Parking Study to justify any non-compliance with the on-site parking requirements. The possibility of reducing the unit yield was raised with the applicant to ensure an adequate supply of parking. In addition, it was suggested that the floor area of the studio units be decreased to 40m2. Council also raised issues with the tandem spaces and requested manufacturer information if these were to be changed to stackers;

 

-      Issues relating to deep soil planting and the common open space including area;

 

-      Requesting the applicant to submit a SEPP No.1 objection to the development standard contained with the Randwick LEP;

 

-      Amending the plain sandstone wall facing Maroubra Road. To address the street, Council advised that the ‘basement’ level could be used as a home office however this must be connected to the dwelling above;

 

-      Shadow diagrams up to 3pm on June 21, as diagrams for only 9am, 10am and 11am were submitted;

 

The applicant submitted amended plans in September 2011 which changed the basement level parking layout, and the outdoor space and parking spaces at grade at the rear of the site. Minor changes were also made to the elevations, and the basement level unit is now proposed to be a home office, and is linked to a residence, as per Council’s advice above. The shape and area of the units slightly changed. The at-grade parking and communal area at the rear of the site has been redesigned. The amendments result in the building height being raised.

 

A Traffic and Parking Report prepared by Traffic & Mobility Planning Consulting was submitted to Council addressing the parking provisions.

 

A SEPP No.1 objection to the development standard relating to the number of storeys in the Maroubra Town Centre contained with the Randwick LEP was submitted. In addition, a revised Statement of Environmental Effects was received with the revised plans outlining the changes in unit sizes and how this affects compliance with the Randwick Local Environmental Plan, Maroubra Town Centre Development Control Plan or SEPP 65.

 

A Design Verification Statement under SEPP 65 was also submitted with the application; together with a full set of shadow plans.

 

The application was re-notified whereby a further six (6) submissions were received, mostly from the same persons that initially objected to the proposal. The issues reiterated the concerns raised in the initial notification period.

 

It is considered that the concerns raised by Council have been adequately addressed in the amended plans and information submitted.

 

The non complying aspect of the development is that a 7 storey residential building is proposed and results in a development that is more than a storey above Maroubra road level. The proposal is to excavate this lower area and create an entry and “home office” at the Maroubra Road level. This results in a building reading as seven storeys at this portion of the site. However, the proposal is consistent with the DCP requirement of a 6 storey building above existing ground level

 

In relation to height, the development satisfies the 21m height limit prescribed by Clause 42D(6) of RLEP. The building height as prescribed by this clause of the LEP is to be calculated as the distance measured vertically from ground level taken from each point on the boundary of the site to the underside of the ceiling of the topmost floor. The development as submitted proposes an overall height of 20.4m and is therefore compliant.

 

Assessment of the proposal against the relevant controls of Council finds that the development as submitted is suitable, given the constraints of the site. It is considered that the proposed works will not to adversely impact on the adjoining residential properties, particularly to the units at 98-102 Maroubra Rd to the east. It is therefore recommended that the proposal be approved as detailed within this report.

 

2.    The Proposal

 

The proposed development, as per the latest amended plans submitted to Council on September 2011, involves the following works:

 

-   Demolition of the existing buildings on the site;

-   Construction of a 7 level building, comprising:

 

Basement level – Pedestrian entry from Maroubra Road providing access to a home office; lobby; lift and stairs; electrical room; garbage room, bicycle parking and car parking; vehicular entry from Hannan Street accessing 12 car spaces (being 6 x 2 car stackers); storage areas for the units; and rainwater tanks and pumps.

Ground Floor/Level 1 – Unit 1 (1 bed); Unit 2 (studio); Unit 3 (studio); lift, stairs and lobby; common outdoor area at the rear; and vehicular access from Hannan Street to two (2) car parking spaces.

Level 2 – Unit 4 (1 bed); Unit 5 (studio); Unit 6 (studio); and lobby area, stairs and lift.

Level 3 – Unit 7 (1 bed); Unit 8 (adaptable studio); Unit 9 (adaptable studio); and lobby area, stairs and lift.

Level 4 – Unit 10 (1 bed); Unit 11 (1 bed); and lobby area, stairs and lift.

Level 5 – Unit 12 (1 bed); Unit 13 (1 bed); and lobby area, stairs and lift.

Level 6 – Unit 14 (1 bed); Unit 15 (1 bed); and lobby area, stairs and lift.

 

At roof level, the lift overrun and solar cells will be provided.

 

The floor areas of the units will be as follows:

 

Unit No.

No. Of Bedrooms

Floor Area (m2)

Balcony Area (m2)

Basement level studio/home office

N/A

36.32

N/A

1

1 + study

61.66

8.59

2

studio

40.00

25.97 (podium)

3

studio

40.05

30.25 (podium)

4

1 + study

66.29

8.59

5

studio

44.98

7.20

6

studio

42.90

6.75

7

1 + study

66.29

8.59

8

studio

44.98

7.20

9

studio

42.90

6.75

10

1 + study

66.29

8.59

11

1 + study

66.29

6.53

12

1 + study

66.29

8.59

13

1 + study

66.29

8.59

14

1 + study

66.07

8.59

15

1 + study

66.07

8.59

 

In total, there will be 9 x 1 bedroom and 6 studio apartments, with 14 on-site car parking spaces. All of the 1 bedroom units will be provided with a study.

 

Landscaping will be provided at the rear of the site, around the car parking spaces. The communal open space area will be 23.30m2.

 

Given the fall of the site and the current site level being above street level, the existing raised footpath along Hannan Street will be excavated to kerb level. This effectively results in the ‘basement’ level being at street level, which in turn results in the building having the appearance of a 7 storey building from both street frontages, rather than a 6 storey building.

 

The estimated development cost is $3,743,250.00 + GST.

 

3.    The Subject Site and Surrounding Area

 

The site is located on the north-eastern corner of Maroubra Road and Hannan Street, Maroubra. The property contains a single storey dwelling building facing Maroubra Road, which abuts a newer, 2 storey brick building at the rear. The site is used for commercial purposes.

 

The site has a frontage of 10.06 metres to Maroubra Road and a frontage of 42.685 to Hannan Street. The site is rectangular in shape. The total site area is 429.41m2.

 

The existing site levels are raised considerably above the street levels of Maroubra Road and Hannan Street. There is an approximate 3m height difference between the kerb levels and current site level.

 

The site adjoins a 9 storey residential flat building to the east. The site to the north (rear) is currently being developed following approval being issued by Council for the construction of a 5 storey residential flat building. Located in the immediate area are multi-storey residential flat buildings and single dwellings.

 

The site is in close proximity to Anzac Parade to the east. The site is located within the Maroubra Junction Town Centre.

 

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

 

4.1      Proposed variation to the development standard

The proposal seeks to vary a development standard contained within RLEP 1998 (Consolidation). A SEPP 1 Objection has been submitted to Council.

 

Building heights Maroubra Junction Town Centre

Clause 42D Subclause (6) provides the maximum height controls for the Maroubra Junction Town Centre. The Maroubra Town Centre Development Control Plan limits the height to 6 storeys, which is 21 metres.

 

4.2      Assessment against planning principle

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 building height standard is:

 

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

(b)      to encourage a vibrant and active town centre that provides a range of facilities and services that benefit the locality and local government area,

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

(d)    to encourage a variety of housing forms that complements development within the town centre and do not impact adversely upon the amenity of surrounding residential areas,

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

(f)    to encourage and facilitate the provision of vehicular access and off-street parking to support businesses in the town centre,

(g)    to ensure that public transport and associated facility needs are considered and promoted with any development proposals and public domain improvements in town centre,

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

(i)     to improve the overall environmental quality of the Maroubra Junction Town Centre.”

 

The applicant has submitted a written SEPP 1 Objection, which outlines the following key justifications for the variation to the maximum height controls for the Maroubra Junction Town Centre:

 

In the circumstances of this case, the provision of a strict numerical compliance would be unnecessary and unreasonable on the basis that:

 

1      The underlying objective of the standard is achieved, notwithstanding noncompliance.

2      The proposed height of the development is comparable with developments in the Maroubra Junction Town Centre, as defined by Randwick DCP.

3      The height of the development is not out of character with surrounding developments, which include a 9 storey development immediately east of the site on Maroubra Road.

4      The proposal is compatible with the surrounding context, which comprises a mix of scales, densities and types of buildings, and reflects the transitional nature of the area

5      The proposal complies with the building location controls.

6      The proposal will not impact on the amenity of the adjoining residential properties in terms of overshadowing or privacy, as shown in the DA documents.

7      The proposed development achieves compliance with the aims and objectives of the LEP.

 

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

 

·      The proposal is of a scale and footprint which is comparable to similar developments in the surrounding built environment, and does not detract from the prevailing character of the locality.

 

·      The floor areas and dimensions of the proposed apartment units are not excessive in scale and will allow suitable living amenity for the occupants. The internal floor layout will achieve satisfactory natural lighting and ventilation.

 

·      The site is constrained by its narrow width. As a result this restricts development of the site and therefore impacts the layout opportunities available on the site.

 

·      The subject site is the last development site in this immediate area. As a result of development occurring to the north and an existing residential flat building to the east, the site is effectively land locked.

 

·      The non complying aspect of the development is that a 7 storey residential building is proposed and results in a development that is more than a storey above the Maroubra Road level. The proposal is to excavate this lower area and create an entry and “home office” at the Maroubra Road level. This results in a building reading as seven storeys at this portion of the site. However, the proposal is consistent with the DCP requirement of a 6 storey building above existing ground level

 

In relation to height, the development satisfies the 21m height limit prescribed by Clause 42D(6) of RLEP. The building height as prescribed by this clause of the LEP is to be calculated as the distance measured vertically from ground level taken from each point on the boundary of the site to the underside of the ceiling of the topmost floor. The development as submitted proposes an overall height of 20.4m and is therefore compliant.

 

·      Lastly, the proposal as submitted complies with the block plan diagrams as prescribed and outlined by the Maroubra Town Centre DCP.

 

It is considered that the objection has appropriately justified that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case. As such, it is considered that the objection is well founded.

 

Matter 2

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

 

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

 

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

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

 

Comments:

The variation from the building height standard is not inconsistent with the aims of SEPP 1 as they would not detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the 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 variation from the building height development standards do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical building height standards will not allow the best economic use of the site and provision of an appropriately scaled in-fill development in an established mixed use precinct. There is no public benefit in maintaining the controls 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:

 

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 building height development standard 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 building height development standard 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 building height standards would not be defeated or thwarted as full numerical compliance in this particular instance is unreasonable. The proposed built form and scale when viewed from a public place will be the same as for a compliant development. The building structures 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 General Business 3A zoning for the site. The existing Business 3A zoning is not considered to be inappropriate for the locality.

 

5.    Site History

 

It appears that the buildings on the site have existed for many years ago. There is no site history which affects the proposed development.

 

6.    Community Consultation

 

The proposal was notified to adjoining property owners for a 14 day period between 10 to 24 November 2010, in accordance with the Randwick Development Control Plan – Public Notification. As a result of the notification, submissions from the following property owners were received:

 

1.     Ius Architects, on behalf of the Owners Corporation of SP 58790 at 98-102 Maroubra Rd, Maroubra

2.     505/98-102 Maroubra Rd, Maroubra

3.     402/98-102 Maroubra Rd, Maroubra

4.     BBC Consulting Planners, on behalf of the Owners Corporation of SP 58790 at 98-102 Maroubra Rd, Maroubra

5.     Penklis Lawyers, on behalf of owner of 601/98-102 Maroubra Rd, Maroubra

6.     303/98-102 Maroubra Rd, Maroubra

7.     304/98-102 Maroubra Rd, Maroubra

8.     45 Mason Street, Maroubra

9.     603/98-102  Maroubra Road, Maroubra

10.   302/98-102 Maroubra Rd, Maroubra

11.   1002/98-102 Maroubra Rd, Maroubra

12.   805/98-102 Maroubra Rd, Maroubra

13.   7/98-102 Maroubra Rd, Maroubra

14.   903/98-102 Maroubra Rd, Maroubra

15.   703/98-102 Maroubra Rd, Maroubra

 

As noted previously in this report, the application was re-advertised between 28 September 2011 to 20 October 2011 due to the submission of amended plans received (Note: a one week extension was granted at the request of an objector). As a result of the notification, submissions from the following property owners were received:

 

16.     603/98-102  Maroubra Road, Maroubra

17.     304/98-102 Maroubra Rd, Maroubra

18.     601/98-102 Maroubra Rd, Maroubra

19.     The Owners Corporation of SP 58790 at 98-102 Maroubra Rd, Maroubra

20.     702/98-102 Maroubra Rd, Maroubra

21.     98-102 Maroubra Rd, Maroubra

 

The issues raised in the submission are addressed as follows:

 

Issues

Comments

Insufficient information has been submitted by the applicant.

 

A SEPP1 Objection has not been lodged seeking variation to the height and number of storeys. The development proposes 7 storeys.

 

A Design Verification Statement, required under SEPP65, has not been submitted.

 

The applicant has not submitted details of BCA compliance, nor has the applicant provided geotech information regarding the excavation.

 

The proposal involves the removal of the sandstone retaining wall and excavation of the existing elevated footpath, which are works within the road reserve. The road reserve is not included in the description of the site works. The proposal also involves overhangs onto the street. Owners consent from Council has not been obtained.

 

Once received, the application should be re-notified.

The applicant has submitted information, that being:

 

-  Shadow diagrams from 12 midday onwards;

-  A SEPP1 seeking a variation to the height;

 

-  A Design Verification Statement under SEPP65; and

 

-  Waste management plan; and

 

Suitable conditions are included in the recommendation requiring details to be provided prior to the issue of any construction certificate.

 

Council’s Development Engineer has raised no objection to the works required in the road reserve.

 

The additional information and amended plans were re-notified when received as canvassed in this report.

 

The proposed setbacks are inadequate and impact upon the neighbour’s amenity. The separation to 98-102 Maroubra Road does not meet the requirements under SEPP65.

 

The setbacks to the streets do not comply

 

The site is too small for the development.

Compliance with the setback requirements is discussed further in this report.

 

The proposal is consistent with the envelope provided for under the DCP.

 

The Maroubra Town Centre Development Control Plan allows for the redevelopment of this site for a residential flat building, it is considered that the proposal meets the controls as prescribed by the DCP as detailed in this report.

The shadow diagrams submitted are incomplete. No afternoon shadows are provided.

 

Inadequate solar access will be provided to the units at 98-102 Maroubra Rd, Maroubra.

The applicant has submitted shadow diagrams which show a full and proper assessment of the shadowing impacts to the adjoining property at 98-102 Maroubra Rd in both plan and elevation.

 

The overshadowing impact is consistent with the envelope allowed under the DCP.

The building envelope and building depth controls of the Development Control Plan are exceeded.

Compliance with the building envelope controls of the Development Control Plan are discussed in this report.

The Development Control Plan requires 25% of the site area to be communal open space and the development proposes only 11% of the site area as communal space. The communal open space is inadequate in size and function.

The proposal fails to provide the required 25% of communal open space as discussed in this report – refer to discussion and assessment under the Maroubra Town Centre DCP.

The number of parking spaces is insufficient. There is no car wash bay provided. Tandem spaces are not permitted.

 

The layout does not comply with Council’s Design Guidelines.

The parking proposed does not comply with Council’s Parking Development Control Plan requirements, as detailed in this report – refer to Section 7.1: parking assessment.

No details are provided for the ventilation of the car park level.

No ventilation details have been provided. Notwithstanding, this can be conditioned to be provided prior to the issue of any construction certificate.

A construction and maintenance plan should be provided to assess the construction method along the common boundary with 98-102 Maroubra Rd, Maroubra to determine the level of impact.

These issues have been addressed by conditions of consent.

With the zero setback proposed to the eastern boundary, the development will rely on the adjoining site for light and air, which may result in a BCA non-compliance. This provides poor amenity for the future occupants.

Zero side setbacks are permissible for this site.

No windows should be allowed on the wall where it is proposed to be built on the boundary.

All windows proposed on the eastern boundary will be constructed of fire-rated glass blocks, which are allowed provided they comply with the BCA.

There is no demand for 1 bedroom or studio units in Maroubra. The demand is for 2 bedroom units.

 

The development will have a negative impact on the future market value and potential rental income for adjoining properties.

The proposal provides an appropriate mix having regard to the objectives of the Maroubra Town Centre Development Control Plan.

 

In addition, there is no evidence to support that the proposed development would have a negative impact on the market value of adjoining properties and this is not a planning consideration under Section 79C of the EP&A Act.

The development will affect the flow of traffic and availability of street parking. Excess cars that can’t park on site will park in Hannan Street, which is already full when people return from work at night. The approved development at 79-81 Hannan Street will increase the problem.

 

Hannan Street is a very busy, narrow thoroughfare which cannot handle more traffic. Motorists use Hannan Street as a short cut to bypass Maroubra Junction, and there are 4 schools in close vicinity.

The proposed development will only marginally increase the number of cars travelling through the local area.

 

See parking assessment under Section 8.2.

The building will block views and affect the privacy (visual and acoustic) of the residents at 98-102 Maroubra Rd, Maroubra.

Some of the west facing units at 98-102 Maroubra Road have distant views of the city and surrounding area, however these views are not considered iconic or significant.

 

The design of the building does attempt to maximise privacy between the proposed units and the units at 98-102 Maroubra Rd, however the separation is small and screening has been provided to these eastern units.

 

Refer to discussion on view loss below

No arborist report has been submitted, nor any assessment on any endangered ecological communities or threatened species.

It is not considered these reports are required given the nature of the existing development on the site.

The potential impacts of asbestos and other contaminants on the site have not been addressed.

Such details are able to be conditioned to be provided prior to the issue of a Construction Certificate.

There is no provision for garbage bins to be collected within the development, which means that bins will be lined up along Hannan Street.

Garbage will be stored in the basement level. Such details are normally conditioned to be provided prior to the issue of a Construction Certificate

The developer should consider decreasing the number of floors from six to four, and change the design of the building into pyramids, moving the eastern wall in at least 2m from the boundary.

 

The developer should wrap frosted privacy screens around the 1 bedroom balconies which face east.

As detailed in this report, the height of the building exceeds Council’s controls. The applicant has submitted a SEPP 1 objection to the height control contained in Randwick LEP. This is discussed in more detail later in this report.

Noise and dust concerns during construction, especially since there are elderly neighbours at 98-102 Maroubra Rd.

Suitable conditions are included in the recommendation to address these matters.

 

View loss

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

 

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

 

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

 

The subject site and surrounding development are currently afforded views to the south and west, none of which are water views or iconic.

 

The properties located at 98–102 Maroubra Road currently enjoys whole views to the north of the Sydney CBD skyline. However this will be somewhat obscured once the development to the north (rear) for the construction of a 5 storey residential flat building (DA113/2009) which is currently under construction is completed.

 

Based on the above, the view loss from the residents of No 98 – 102 Maroubra Road is not enough that it would be considered significant when assessed against the planning principle.

 

The current views are shown in the below images:

 

View from balcony of 98-102  Maroubra Road, Maroubra looking south over subject development site.

 

View from living room of 98-102 Maroubra Road, Maroubra looking west over subject development site.

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

 

The existing views from 98–102 Maroubra Road may be achieved through the rear and side boundaries from a standing and sitting position. However as noted above the notherly views will be obscured by the development at the rear of the subject site and not by the proposed development subject of this report.

 

It is noted that the siting of the proposed development to the subject site will result in the partial loss of view to the south and west. Notwithstanding the design of the building has made a genuine attempt to maintain such views as far as possible by providing splays at the front and rear of each level.

 

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

 

The proposal will result in a minor view loss to 98–102 Maroubra Road considering that the current living rooms and balconies are orientated to the side and rear, providing for limited views to the south and west when in a sitting position.

 

It is worthy to note that development generally complies with the Maroubra Town Centre Development Control Plan, particular the block diagram as discussed further in the report.

 

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

 

The loss of views is not considered to be severe. Though there are non-compliances with the proposed height and building envelope controls, it is considered that the scheme generally complies with the Maroubra Town Centre Development Control Plan, particular the block diagram as noted above.

 

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

 

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 Engineer

Council’s Engineer has assessed the amended plans, being Architectural Plans by The Architecture Company DA01-C & DA02-D – DA08-D stamped by Council 12/9/2011; and Landscape Plan by Zenith Landscape Designs, dwg no 10-2356, sheet 1/1, revision A dated 07.09.11 . The Engineer has provided the following comments:

 

“Drainage Comments

On site stormwater detention is required for this development.

 

Parking Comments

Development Engineering believes the parking requirement for the proposed 9 x 1 bedroom units & 7 studio apartments is 17 spaces. The applicant has provided only 14 spaces, see calculations below:

 

For studio units        = 0.5 spaces per dwelling

For 1 bedroom units = 1 space per dwelling or bedsitter unit

Visitor Parking    = 1 space per 4 dwellings

 

Basement Level  = 1 x Studio/Home Office            =      1 x0.5

 

1st Floor           = 2 x Studio (unit 2 & 3)             =      2 x 0.5

                       = 1 x 1 bedroom                =      1 x 1.0

2nd Floor            = 1 x 1 bedroom                =      1 x 1.0

                       = 2 x Studio (unit 5 & 6)             =      2 x 0.5

3rd Floor            = 1 x 1 bedroom                =      1 x 1.0

                       = 2 x Studio (unit 8 & 9)             =      2 x 0.5

4th Floor            = 2 x 1 bedroom                =      2 x 1.0

5th Floor            = 2 x 1 bedroom                =      2 x 1.0

6th Floor            = 2 x 1 bedroom                =      2 x 1.0

Total Units        = 9 x 1 bedroom units & 7 x studio apartments

 

Parking requirement = (9 x 1) + (7 x 0.5) + (16/4 visitors)

                              = 9 + 3.5 + 4

                              = 16.5 spaces

                              = 14 + 1 + 4

                       TOTAL REQUIRED = 17 spaces

 

With 14 spaces shown on the plans and 17 spaces being required there is a deficiency of 3 spaces.

 

It is assumed that if the application is approved the development will provide no visitor car spaces and of the 16 units proposed 2 units will not be provided with a car space. The applicant should consider making the studio/home office on the basement level as one of the units without a car space if the application is approved in its current form.

 

Note: from a town planning assessment, and based on the amended plans submitted; it is assumed the studio/home office is linked to Unit 1 above. On this basis, the development has a shortfall of only two (2) car parking spaces.

 

Car park Layout Comments

The applicant proposes 6 mechanical car stackers within the basement car park which will provide 12 car spaces, generally Development Engineer does not support the use of such mechanical devices within car parks.

 

Prior to the issuing of a Construction Certificate the applicant is to submit to the Certifying Authority  car stacker details (manufacturing specifications) to ensure the construction of the car stackers will fit wholly within the allocated car spaces and there is sufficient height clearance. The details shall also include instructions for operation; details of manual operation in the event of power/mechanical failure; maintenance schedules; the waiting and working times for the car lift and safety and training requirements for the use of the car lift.

 

The applicant shall also submit turning paths for the car spaces within the basement garage once manufacturer’s details for the car stackers have been considered and detailed in the plans.

 

Prior to the issuing of a Construction Certificate a qualified Traffic Engineer shall advise in writing that turning paths are considered acceptable and satisfy AS/NZS 2890.1:2004 requirements.

 

A copy of the car stacker details and specifications are to be forwarded to Council as well as a copy of the qualified Traffic Engineer’s turning path report.

 

Awning Comments

Development Engineering does not support the use of a Portico Awning overhanging Council’s footpath servicing the residential units and recommends the assessing officer delete the awning. Should the awning not be deleted development Engineering has included relevant conditions relating to the awnings height above the Council footpath.”

 

7.2      Health, Building & Regulatory Services

Council’s Health, Building & Regulatory Services Manager has assessed the proposal and advises that if approval be granted to the application, standard conditions of consent should be included in the development consent as per their memo dated 25 November 2010.

 

Service Authority Comments

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

 

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

 

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

 

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

 

All electricity and telecommunication cables/wires to service the development site across the road carriageway and/or the Council nature reserve (footpath area) are to be located underground to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated.

 

7.3      Waste Management Comments

The submitted plans show a garbage room containing 2 x 660L garbage bins and 7 x 240L recycling bins. Council’s Co-ordinator Waste Management has advised that the subject development would require 3 x 660L garbage bins and 8 x 240L recycling bins. Prior to the issuing of a Construction Certificate the applicant is to amend the garbage room so as to adequately provide for the required 3 x 660L garbage bins and 8 x 240L recycling bins as well as demonstrate access to the bins.

 

7.4      Landscape Comments

There is no significant vegetation within the site or on adjoining private or public properties that would be affected by this application, with conditions in this report that the submitted landscape plan be implemented as part of the works, with the applicant also required to cover costs for upgrading both frontages so as to improve the appearance of the site and its presentation to the respective streetscapes, and includes the Maroubra Road verge in paving, trees and tree squares, and a lowered, turfed verge on the Hannan Street verge.

 

Council’s Landscape Development Officer concurs with the Development Engineers comments, in that the proposed awning over the Maroubra Road footpath is not supported for a residential development, and should be deleted.

 

8.    Relevant Environmental Planning Instruments

 

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

 

8.1      Randwick Local Environmental Plan 1998 (Consolidation)

The following Clauses of Randwick Local Environmental Plan 1998 (Consolidation) are relevant to this development:

 

Clause 13 – Zone No. 3A (General Business Zone)

The site is zoned 3A (General Business Zone) under the Randwick Local Environmental Plan 1998 (Consolidation). The development proposal falls under the definition of “multi-unit housing” which is not listed as a prohibited development. Therefore it is a development that is permissible in the zone with Council consent.

 

The objectives of Zone No. 3A (General Business Zone) are:

 

(a)  to maintain the viability of existing business centres, and

(b)  to facilitate the orderly and economic development of land as business centres, for commercial, retail, residential and community purposes by:

 

(i)     introducing controls for the bulk and scale of buildings, and

(ii)    encouraging economically viable retail cores which are centrally located and in close proximity to public transport, and

(iii)   improving employment opportunities, and

(iv)   servicing the needs of the local and regional community, and

(v)    encouraging the provision and use of public transport, and

(vi)   providing and improving pedestrian and public open space areas for shoppers and workers, and

(vii)  maintaining and improving the environmental and aesthetic qualities of the City of Randwick, and

(c)  to minimise the impact of development on adjoining and nearby residential zones, and

(d)  to encourage housing affordability.

 

The proposal is considered to comply with the objectives of the zone. On this basis, the proposal will maintain and support the viability of the Maroubra Town Centre whilst maintaining the orderly and economic development of the subject land. The proposal being located with good access to public transport encourages such usage. In addition, the mix of units provided encourages for housing affordability whilst minimising the impact of the development on nearby and adjoining nearby residential zones.

 

Clause 20F – Floor space ratios

The controls for floor space ratio under Clause 20F do not apply to the site, as it is subject to an envelope control under the DCP for Maroubra Junction.

 

Clause 20G – Building Heights

The controls for building height under Clause 20G do not apply to the site as it is subject to Clause 42D of the LEP.

 

Clause 22 – Services

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

 

Clause 42D – Maroubra Junction Town Centre

(2)    The Council must not grant consent to the carrying out of development on land within the Maroubra Junction Town Centre unless it is satisfied that the proposed development is consistent with the zone objectives for the land and the following objectives for the Maroubra Junction Town Centre:

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

(b)    to encourage a vibrant and active town centre that provides a range of facilities and services that benefit the locality and local government area,

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

(d)    to encourage a variety of housing forms that complements development within the town centre and do not impact adversely upon the amenity of surrounding residential areas,

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

(f)    to encourage and facilitate the provision of vehicular access and off-street parking to support businesses in the town centre,

(g)    to ensure that public transport and associated facility needs are considered and promoted with any development proposals and public domain improvements in town centre,

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

(i)     to improve the overall environmental quality of the Maroubra Junction Town Centre.

 

The proposal as submitted satisfies the objectives of Clause 42D as the development is of a quality which achieves the best outcome for the site. The non-compliances with height, car parking, and common open space in particular are considered as a result of the constraints of the site. The proposal provides for a variety of housing forms that complements development within the town centre whilst having minimal impact on adjoining properties.

 

Subclause (6) provides the maximum height controls for the Maroubra Junction Town Centre. The Maroubra Town Centre Development Control Plan limits the height to 6 storeys, which is 21 metres.

 

For the purpose of this clause, ‘storeys’ means habitable floors, excluding underground car parking. The ‘basement’ level is not considered to be underground given the extent of excavation proposed and given that is contains the main entry and a ‘studio/home office’. Therefore the basement level is considered to be a storey, which results in the development being 7 storeys.

 

The height of the building is 20.4 metres, which complies.

 

The applicant has submitted a State Environmental Planning Policy No. 1 Objection seeking a variation to these height controls. This variation is discussed in more detail further in this report. It is considered that a variation to the height will result in a good outcome given the constraints of the subject site.

 

Clause 43 Heritage Conservation

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

 

8.2 Policy Controls

 

      Development Control Plans

a.        Development Control Plan – Maroubra Town Centre Development Control Plan

The DCP for the Maroubra Town Centre provides performance requirements for development. The tables below assess the proposal against the Performance Requirements contained under Part 2 – Background/Urban Structure, Part 3 – Development Controls and Part 4 – Design Controls. 

 

Part 2 – Background/Urban Structure

Performance Requirement

 

Compliance

Building height in town centre

P1 The maximum height allowed on the site is 6 storeys.

 

The application proposes a basement level, with 6 levels of residential units above. However, the proposal is consistent with the height envisaged under the LEP for a 6 storey building

 

Part 3 – Development Controls

 

Performance Requirement

 

Compliance

Amalgamation

P1 If a development requires vehicular access, then the site should have a minimum street frontage of 20m, or have a dual street frontage, with vehicular access from the secondary street.

 

Complies. The site is a corner lot and vehicular access is proposed from the secondary street, being Hannan St.

P2 Minimum lot widths are to be tested against the desired building types for blocks to determine where amalgamation is necessary.

 

Amalgamation is not possible as the site adjoining to the east has been developed, and the site adjoining to the rear (north) is currently being developed. Therefore the site is effectively land locked.

 

P3 When development is proposed, sites between and adjacent to the property are not to be limited in their future development potential.

 

The proposed development will not compromise the future development of adjoining lots.

Subdivision

P1 subdivisions are to address open space provisions, pedestrian/vehicular access and parking, and amenity (light, air, privacy).

 

N/A – subdivision is not proposed.

P2 New blocks are to relate to the existing street hierarchy.

 

N/A

P3 Underground infrastructure is to be located along the street or between lot boundaries within easements

 

N/A

 

Part 3 – Development Controls

Building envelope

P1 Residential: All developments are to demonstrate that the gross floor area achieved occupies not more than 70% of the maximum building envelope.

 

The original submission to Council did not comply with the building envelope requirements.

The applicant has noted in the Statement of Environmental Effects submitted that the revised proposal results in a minor non compliance in the order of 7% with the building envelope requirements.

Building Height

P1 Developments are to be appropriately scaled

 

The scale is considered appropriate in relation to height, and the number and size of units proposed.

P2 Development is to comply with building heights shown in Section 3.2

 

Section 3.2 of the Development Control Plan provides a 6 storey height limit. As stated, the building is 7 storeys in height, but complies with height required in metres.

P3 The prominence of certain street corners should be reinforced by concentrating the tallest portion of the building on the corner

 

The building is the same height for its length and while the design does reinforce the corner, it is considered having a consistent height is appropriate given the small site area of this lot.

P4 The maximum allowable height on Anzac Pde is 7 storeys, unless otherwise specified

 

N/A

P5 The maximum allowable height on Maroubra Road is 6 storeys, unless otherwise specified

 

As stated, the height proposed is 7 storeys as the ‘basement’ level is not wholly contained underground. It will project more than 1.2m above the altered ground level.

P6 Maximum allowable building heights are:

1 storey – 4.5m

2 storeys – 9.0m

3 storeys – 12.0m

4 storeys – 15.0m

5 storeys – 18.0m

6 storeys – 21.0m

7 storeys – 24.0m

8 storeys – 26.7m

 

As the site is limited to a 6 storey height, the maximum allowable height is 21m. The development proposes a 7 storey building with an overall height of 20.4m (measured to the underside of the ceiling). The proposal does not comply.

P7 For existing buildings shown as 9 storeys or more in Section 3.2, any redevelopment of these sites will be limited to the current maximum height of the existing building on the site

 

 

N/A

Building Depth

P1  Maximum allowable depth of residential building envelope is 22m (max 18m glass line to glass line) unless otherwise specified in Section 3.2.

 

There is a minor non-compliance with the maximum building depth of 22m, however the angled front wall design and rear balcony design minimises any visual impact this non-compliance may have from Hannan Street.

 

The rear section of units 3, 6 and 9 exceed this depth by some 1.8m and the decks of

2, 3, 5, 6, 8 and 9 also protrude into this space.

Building Separation

P1 Building separation is to increase in proportion to building height to ensure appropriate building form, adequate amenity and privacy for building occupants:

 

Up to 4 storeys/15m – 12m between habitable rooms and balconies; 9m between habitable rooms and balconies/non-habitable rooms; and 6m between non-habitable rooms.

5 to 8 storeys/18-27m – 18m between habitable rooms and balconies; 13m between habitable rooms and balconies/non-habitable rooms; and 9m between non-habitable rooms.

 

The development is restricted in terms of providing large setbacks to the adjoining eastern residential flat building. If the proposal was to comply with these separation requirements, the site would be undevelopable. The separation between the two buildings will be approximately 4m (wall to wall) as the building is proposed to be built on the boundary. However the balcony of No. 98 will be setback only 2.1m (approx) from the proposed building.

 

The applicant has attempted to address this small separation by not proposing any living room windows or balconies to face directly east. The windows facing east will be to in-stepped bathrooms, or the bedroom windows on levels 1-3 will be glass blocks. The balconies proposed facing either north-east or south-east will be angled and privacy screens are proposed to further reduce overlooking.

 

 

 

Articulation

P1 All buildings are to be articulated to a minimum depth of 1m at the rear and the front, above any ground floor commercial/retail

 

The articulation proposed is considered satisfactory as the lower levels of the building are clearly defined from the top at the rear. The front of the building incorporate angled walls and balconies facing the street.

P2 Balconies may extend beyond the maximum building envelope by a maximum of 600mm but must not extend beyond the property boundaries

 

The balconies proposed are within the property boundaries.

Street setbacks

P1 No setback is required from Anzac Pde and Maroubra Rd

 

Complies. A zero setback is proposed to Maroubra Rd.

P2 All development is to comply with the street setbacks outlined in Section 3.2

 

 

Refer to ‘Block-by-Block Controls – Block 6’ below.

Side and rear setbacks

P1 All development must comply with the building separation requirements in Section 3.1.6 and side and rear setback requirements in Section 3.2

 

As detailed, the separation requirements are unable to be satisfied given the lot size and dimensions, and given the adjoining sites have been developed/are being developed for residential use.

P2 Development fronting Anzac Pde and Maroubra Rd may have a zero side setback unless otherwise specified in the Block-by-block controls

 

The site fronts Maroubra Rd and zero side setbacks are proposed. Refer to ‘Block-by-Block Controls – Block 6’ below.

Rights of Carriageway

P1 Where required, they are to be a minimum of 6m wide.

 

N/A. A Right-of-Carriageway is not proposed.

P2 Applicants are to negotiate ROW with adjoining property owners and submit evidence of their agreement.

 

N/A

P3 Doors and windows of habitable rooms are not to be located next to accessways.

 

N/A

Block-by-Block Controls – Block 6

Height: 6 storeys

 

Does not comply. The development proposes a 7 storey building.

Building Use – all floors residential

 

The proposal complies. The ‘studio/home office’ proposed at the basement level is directly connected to a residence.

Building depth – max 22m (max 18m glass line to glass line)

 

There is a minor non-compliance with the maximum building depth of 22m, however the angled front wall design and rear balcony design minimises any visual impact this non-compliance may have from Hannan Street.

Front Setbacks –Maroubra Rd 0m; Hannan Street 3m

 

A zero setback is proposed to Maroubra Rd and this is the primary street frontage.

Side setbacks – Maroubra Rd 0m; Hannan Street 1.5m

 

As the site fronts Maroubra Rd, the side setbacks required are 0m. The development proposes zero setbacks to both side boundaries.

Rear setback – lots fronting Hannan Street 6m

 

Hannan St is not the primary frontage for this site.

Deep soil zone and open space – min 25% of site area to be communal open space

Hannan Street – min 6m wide deep soil zone at rear boundary

 

Does not comply. The site area is 429.41m2 and requires 25% (or 107.3m2) of communal open space. The development proposes a common outdoor area of 23.30m2, plus some additional deep soil area at the rear of the site which is separated from the building by the parking spaces at ground level. Whilst the deep soil zone and communal open space is below that required, given the constraints of the site the area provided is considered acceptable.

 


Part 4 – Design Controls

Deep Soil Zones

P1 Deep soil zones should accommodate mature trees, have a pervious surface and not to be built upon or have underground parking areas underneath.

 

As stated above, the deep soil zone is considered acceptable given the constraints of the site.

Fences and Walls

P1 Private and public domain are to be clearly defined by fences and walls which provide privacy and security while not eliminating views, outlook, air and light.

 

 

The public and private areas on the site will be clearly and appropriately defined.

P2 Fences are to contribute to the amenity of the public domain by avoiding blank walls at street level and use planting to soften the edges of any raised terraces to the street

 

 

As the building is proposed to be built to both street boundaries, the only fencing proposed is to the rear where the decking of Units 2 and 3 are proposed.

P3 Fences are to be a maximum of 1.2m high. Variations may be allowed depending upon context.

 

The fences described above are approximately 1.8m in height. As they provide for privacy and security to these decks, the height is considered acceptable.

Landscape Design

P1 All applications are to provide a landscape plan.

 

An amended landscape plan, prepared by a landscape architect, has been submitted to reflect the current design.

P2 Landscaping is to relate to the development and streetscape, and be easily maintained. It should provide shading and act as accessible routes between buildings and spaces

 

 

The landscaping proposed is considered adequate for the site as it is restricted by the parking and at the rear of the site.

Open Space

P1 25% of the site area is to be communal open space, located to maximise solar access, provide a pleasant outlook, and allow for a variety of uses. It may be provided on a podium or roof.

 

The development does not provide the required 25% of communal open space area. The area proposed is 23.30m2 but is appropriately scaled for the size of the development.

P2 All dwellings are to have access to a private, useable, functional area of open space directly accessible from the main living area. Ground private open space is to be at least 25sqm with a minimum dimension of 4m.

 

All units will have access to a private deck or balconies which will be located off the living areas. The private open space areas of the ground floor/level 1 units with the exception of Unit 1 comply with the required 25m2.

Planting on Structures

P1 Optimise plant growth by provide adequate soil depth, volume and area.

 

The deep soil area at the rear of the site, is of a sufficient size and functionality.

Heritage

P1 A heritage Impact Assessment is required for properties which are heritage items or within a heritage conservation area.

 

N/A – the site is not a heritage item, nor is it located in a conservation area.

P2 Developments in proximity to items are to be appropriate in scale, proportion and materials to these items. New developments are to relate to nearby items, but not replicate or reproduce the item.

 

The site is located near a heritage item at 139 Maroubra Rd, however it is not considered that the site is located close enough to the item to have an impact on the heritage significance of the building.

Parking

P1 Parking is to be in accordance with Council’s Parking Development Control Plan

 

The proposal does not satisfy Council’s Parking Development Control Plan as detailed in this report.

P2 Parking is to be located underground where possible. Basements are not to be located on the primary street frontage.

 

The ‘basement’ level proposed will be accessed from the side street, however it is not considered to be a level underground given the extent of excavation proposed.

P3 Basements are to be provided with ventilation, and have secure access and direct access to units.

 

Ventilation details are not provided. Such details are to be provided prior to the issue of a construction certificate.

P4 Any above ground parking is to be integrated into the overall design and not located on the street frontage.

 

The parking at the rear of the site at ground level will be clearly visible from Hannan St, given the narrow width of the site. It is considered the deep soil/communal open space areas will assist in softening the impact of these spaces on the streetscape.

P5 Sub-basement parking is not to be more than 1.2m above existing ground level.

 

The existing ground level will be significantly altered through excavation which will result in the ‘basement’ level protruding more than 1.2m above the proposed ground level on both street frontages.

Pedestrian access

P1 Provide safe and accessible routes to public areas of the site.

 

Access to the building will be via both street frontages. Wheelchair/ pram access is provided from Maroubra Rd.

P2 The main building entrance is to be accessible from the street and car parking areas.

 

The main building entrance is on Maroubra Rd and is accessible. Both a lift and stairs are provided to all levels.

P3 Have ground floor units accessible from the street.

 

The ground floor units are not directly accessible from street level, as the development has parking at street level.

P4 Maximise the number of accessible and adaptable units in a building.

 

Two (2) accessible units are proposed. The applicant has provided alternate floor plans showing that the units can be easily adapted for disabled use.

P5 Separate pedestrian paths from driveways.

 

Two separate entries are provided, however the entry from the rear from Hannan St is from the driveway.

P6 Provide barrier-free access to and within at least 1 in 15 units in a development.

 

Direct entry is provided from Maroubra Rd to the lift. The plans submitted show if the units can meet the Australian Standards for disabled access & use.

Vehicle Access

P1 Vehicular access is not permitted from Anzac Parade or Maroubra Rd for new developments. Access is to be provided from secondary streets.

 

Vehicular access is proposed from the secondary street, being Hannan Street.

P2 The number of vehicle access points is to be limited, ensuring clear sight lines and separating pedestrian and vehicular accessways.

 

The development proposes 2 driveway crossings, both of double width. Given the constraints and size of the site, this is considered acceptable.

P3 The appearance of car parking is to be improved by locating garbage areas away from the street, recessing car parking entries behind the main facade, and avoiding black holes by providing security doors to car park entries.

 

 

The garbage area will be located at ‘basement’ level. The entry to the basement will be recessed by only 750mm from the wall facing Hannan Street as the width of the site restricts the parking area.

Building Entries

P1 Entries are to be clearly visible from the street, convenient for pedestrians and clearly identifiable

 

The main entry will be clearly visible from Maroubra Rd, however the pedestrian entry from the rear will not be visible from Hannan St.

P2 Entries are to provide equal access to all people.

 

The main entry will provide equal access to all people. However, the lobby is approximately 1.2m in width, which may restrict the use of the lobby by multiple people at the same time, particularly for people in wheelchairs or with prams.

P3 Safe and secure access is to be provided.

 

The building will be secured through the use of intercom systems.

P4 Entries, lifts and circulation space are to be of adequate size to allow movement of furniture

 

As stated, the lobby and hallways are only approx. 1.2m wide which does restrict the movement of furniture into and out of the residential units.

Visual Privacy

P1 Maximise visual privacy between buildings on site and adjacent buildings by providing adequate separation and setbacks

 

The site is unable to provide the separation distances required under SEPP65, given the site constraints. However, the design has considered the location of living room windows and balconies of the adjoining property to the east and it is considered that in relation to privacy issues, an appropriate design has been proposed, given the challenges of the site.

P2 Minimise direct overlooking of rooms and private open space, without compromising access to light and air.

 

Direct overlooking has been avoided and all living areas are located to face west (Hannan St), south (Maroubra Rd) or north (the rear). The proposal will result in overshadowing to the west facing units at 98-102 Maroubra Rd during the afternoon period, given the orientation of the site. However, any re-development of this site (even one which fully complies with Council’s requirements) will result in overshadowing to the adjoining eastern property.

Safety and Security

P1 Clearly define public and private space

 

Public and private space will be defined.

P2 Provide opportunities for casual surveillance and minimise opportunities for concealment

 

Decks and living areas will face both street frontages, allowing casual surveillance.

P3 Control access to the building and parking areas.

 

Access to the building and basement level parking will be controlled.

 

Apartment Layout

P1 Comply with the following minimum sizes:

Studio unit: 40sqm

1 Bed unit: 50sqm

2 bed unit: 80sqm

3 bed unit: 125sqm

 

The minimum unit sizes will be as follows:

Studio – 40m2

1 bed – 61.66m2

The proposal therefore complies.

P2 Single aspect units are to have a maximum depth of 8m

 

Unit 3 really only has a northerly aspect as the eastern windows will be non-openable and is 10m in depth. A small window is provided to the bed space facing south, however this is small and will provide only limited cross ventilation. All of the other units have more than one aspect.

P3 The back of a kitchen is to be no more than 8m from a window

 

All units comply.

P4 The width of cross-over or cross-through units over 15m deep is 4m or greater

 

All units comply.

P5 Units are to be designed to be of appropriate size, accommodate furniture, and ensure light and ventilation

 

The floor plans show that each unit can accommodate appropriate furniture and will receive light and ventilation.

P6 Unit layouts are to be designed to have primary open space adjacent to main living area, orientate living spaces to the main outlook and away from neighbours, locate habitable rooms on the external face to maximise windows, and maximise natural ventilation and daylight to rooms.

 

Each unit has a deck located off the living area. Living areas are orientated to face the street frontages or the rear of the site. Cross ventilation is achieved in all units, however Unit 3 is limited to one large north facing sliding door and one small south facing window. The eastern windows will be glass blocks so they will not be openable.

 Apartment Mix

P1 Provide a mix of studio, 1 bed, 2 bed and 3 bed units

 

The development only provides studio and 1 bed units, so a proper mix is not achieved. This is considered acceptable due to the constraints of the site.

P2  Maximise the number of accessible or adaptable units

 

Two (2) accessible units are proposed. The applicant has provided alternate floor plans showing that the units can be easily adapted for disabled use.

Balconies

P1 Each unit is to have at least 1 balcony

 

Each unit has 1 deck/balcony.

P2 Balconies are to have a minimum depth of 2.5m and be as follows:

Studio/1 bed unit: 6sqm

2 and 3 bed unit: 10sqm

4 + bedrooms: 15sqm

 

The minimum sizes of the balconies are:

Studio: 6.75m2

1 bed: 6.53m2.

Based on the above the units all comply.

P3 Primary balconies to be located adjacent to living areas and well of a size to accommodate table and chairs

 

Balconies are located adjacent to living areas and could accommodate at least 1 small table and 2 chairs.

P4 Provide secondary balconies in larger units

 

N/A - Each unit has 1 balcony.

P5 Orientate balconies to maximise solar access, minimise privacy issues and allow casual surveillance

 

Balconies face either north, north-west or south-west. The balconies allow for casual surveillance to the street frontages.

 

Ceiling Heights

P1 The ceiling heights are as follows:

Ground Floor: 3.6m

First floor: 3.3m

All floors above first floor: 2.7m

 

The ceiling heights will be:

Basement level (being the entry): 3.6m

Ground Floor/Level 1: 2.7m

All floors above: 2.7m

P2 Promote the use of taller windows or highlight windows for better access to natural light

 

 

Varying window sizes and proportions are proposed.

Corner Buildings

P1 Buildings are to align with the corner, to clarify the street hierarchy and reflect the architectural characteristics of the street

 

 

The building is designed to maximise the corner site. It is considered that the scale proposed is appropriate for this site.

Flexibility

P1 Use multiple entries for buildings over 15m in length

 

The building will have a front and rear entrance.

P2 Include a mix of apartment types, separate entries for ground floor and upper floors, and align structural walls and service cores through the building

 

 

The mix only consists of studio and 1 bed units with studies. All units will share a common access. Structural walls and service cores are aligned.

P3 Accommodate flexibility in room use through open plan units and flexible room sizes

 

 

The units are open plan which provide for flexibility in the design and room usage.

P4 A minimum of 10% of ground floor units are to comply with AS4299-1995 Adaptable House Class A, with another 10% of ground floor units to comply with AS4299-1995 Adaptable House Class C

 

 

Two (2) accessible units are proposed. The applicant has provided alternate floor plans showing that the units can be easily adapted for disabled use. These units are located on the third floor.

(units 8 and 9)

Ground Floor Apartments

P1 Maximise the number of accessible ground floor units.

 

Two (2) accessible units are proposed. The applicant has provided alternate floor plans showing that the units can be easily adapted for disabled use. These units are located on the third floor.

(units 8 and 9)

P2 Where no front setback is required, ensure privacy and safety of ground floor units by stepping up the ground floor level from the footpath, minimise sight lines into units, and ensure security screens are integrated into the design of the building.

 

The ground floor/level 1 is set higher than street level.

P3 Increase solar access to ground floor units by providing higher ceilings, taller windows, and deciduous trees.

 

The ground floor units only have a floor to ceiling height of 2.7m, which is under the 3.6m height recommended for ground floor units.

P4 Ground floor units are to have direct access to private open space

 

Units 2 and 3 have access to private open space.

Home Offices

P1 Home offices are to have no traffic or parking implications, and are to minimise conflict with domestic activities. It is not to interfere with the amenity of the locality.

 

A studio/home office is proposed at basement level, which is directly linked to the residential unit above.

P2 Home offices are to be able to convert to become part of the dwelling

 

It is considered that the home office can be converted if required.

P3 Home offices are to be clearly identifiable from the rest of the dwelling, and are to have adequate storage area.

 

It is considered that the home office is clearly identifiable from the remainder of the dwelling with opportunities for adequate storage available.

 

P4 Home offices are not to display any goods from a window, or exhibit any advertisements or signs, except for a sign indicating the name and occupation of the resident.

 

 

A condition can be imposed on any approval requiring this.

Internal Circulation

P1 Group a maximum of 10 units around a common lobby.

 

The 15 units proposed will have the same common access.

P2 Provide generous corridor widths and ceiling heights, especially in lobbies.

 

The corridor widths are only 1.2m wide, which is not considered to be generous to allow for furniture removal or good circulation.

P3 Provide good lighting and clear sight lines to circulation areas.

 

 

Lighting can be provided by way of condition.

Storage

P1 Storage is to be provided as follows:

Studio units: 6m3

1 bed unit: 8m3

2 bed unit: 10m3

3 + bed unit: 12m3

 

Storage areas are provided in the both the basement level and also in each individual unit. When combined, each unit exceeds the minimum storage area required by the DCP.

P2 At least 50% of the storage area is to be accessible from the hall or living areas. Other storage areas are to be safe and secure. Basement storage must not compromise natural ventilation in car parks.

 

Each unit can accommodate 50% of its storage, being accessible from a living area. The remainder of which is located in the basement area.

P3 Additional storage to be provided in cupboards and wardrobes.

 

Additional storage is provided in cupboards and wardrobes as noted on the amended plans.

Acoustic Privacy

P1 All units are to comply with the internal acoustic amenity criteria of AS2107:2000

 

This requirement can be conditioned with such details to be provided prior to the issue of any Construction Certificate.

P2 A Noise and Vibration Assessment Report is to be submitted with applications, addressing appropriate measures to minimise potential noise and vibration impacts.

 

See comment above.

P3 The building layout is to maximise acoustic privacy by providing adequate building separation between living & sleeping areas within the development, and from neighbouring buildings.

 

Sleeping areas of units are separated from living areas of adjoining units.

Daylight Access

P1 Building configuration is to optimise northern aspect to units where possible

 

The development maximise northern aspects where possible.

P2 Communal open spaces are to receive sunlight between March and September, with appropriate shading in summer

 

The communal open space is located on the northern side of the building. The proposed landscaping will provide adequate shading throughout summer.

P3 Maximise daylight access to habitable rooms and private open space. The living rooms and private open space for at least 70% of units are to receive a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter

 

The units will achieve this as the living and balconies are orientated to the north, north-west or south-west.

P4 The depth of single aspect units is limited to 8m

 

As previously detailed, Unit 3 really only has a northerly aspect as the eastern windows will be non-openable and is 10m in depth. A small window is provided to the bed space facing south, however this is small and will provide only limited cross ventilation. All of the other units have more than one aspect.

P5 Keep south facing units to a minimum

 

Any unit with a southerly aspect also faces the west.

P6 Use shading devices where required to control summer sun

 

Balconies and screens will provide shading to western and northern windows.

P7 Submit shadow diagrams in elevation and plan form

 

Shadow diagrams have been submitted in both plan and elevation form.

Natural Ventilation

P1 Provide direct flow of air from one side of the unit to another.

 

The cross ventilation of Unit 3 could be improved as previously discussed.

P2 The internal layout of a unit is to maximise natural cross ventilation.

 

See comment above.

Awnings and Signs

P1 New awnings are to follow the general alignment of existing awnings in the street and provide a 3.5m clearance between the footpath and underside of awning

 

Council’s Development Engineering Unit has advised that it does not support the use of a Portico Awning overhanging Council’s footpath servicing the residential units. Notwithstanding, this element of the building assists in providing for an interesting elevation and all weather protection.

P2 Awnings are to be setback 600mm from the kerb

 

See comment above.

P3 Awnings are to be located over entries and be provided with lighting

 

The awning is provided over the entry and appropriate lighting will be provided.

P4 Signs are to be integrated into the design of the building

 

No signage is proposed.

Facades and Articulation

P1 Facades are to have appropriate scale and proportion, defining the base/middle/top of the building, articulating entries, using balconies and variety of window types, and emphasising vertical elements

 

While the overall building height does not comply with the DCP, the building design achieves an appropriate definition.

P2 Important corners are to be expressed by giving visual prominence to parts of the facade

 

The building addresses the corner site.

Roof design

P1 Roof elements should be articulated or broken down to reduce the bulk and scale

 

The roof elements are considered to be appropriate.

P2 Service elements are to be incorporated into the roof design to minimise visual impact

 

The service elements are incorporated into the design.

Energy Efficiency

P1 Residential units are to comply with BASIX requirements

 

Revised BASIX have been submitted with the amended design.

P2 Reduce reliance on artificial lighting

 

This is achieved.

Total Water Cycle Management

P1 New developments are to include a water cycle management strategy prepared by an engineer

 

Engineering plans have been submitted and assessed by Council. Water tanks are proposed which will allow the re-use of water on the site.

P2 Rainwater is to be reused on site, and AAA rated appliance used to minimise water use

 

Water tanks are proposed which will allow the re-use of water on the site. A condition can be imposed should the application be approved requiring appliances to be AAA rated.

P3 Flood studies are required in areas subject to possible flooding

 

N/A

P4 Stormwater details are to be submitted with a DA. Deep soil areas are to be optimised.

 

Engineering plans have been submitted and assessed by Council.

Waste management

P1 A waste management plan is required with all applications

 

A waste management plan is required as a condition of consent.

P2 Storage areas for waste are to be located away from the front of developments and are to be screened.

 

Storage areas are proposed in the basement level and in each unit.

P3 Each unit is to be provided with a waste storage area to hold a day’s waste

 

Each unit can accommodate a day’s waste.

 

 

 

Development Control Plan – Parking

 

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

 

Rate

Requirement

Proposed

Studio

1 per two dwellings

0.5 x 6 studio units = 3 spaces

The total number of spaces required is 15.75 spaces.

 

The development proposes 14 spaces.

1 Bedroom

1 per 1 bed

9 x 1 bed units = 9 spaces

2 Bedroom

1.2 per dwelling

N/A

3 + Bedroom

1.5 per dwelling

N/A

Visitor

1 per 4 dwellings

15 units = 3.75 spaces

Bicycle

1 per 3 dwellings and 1 visitor per 10 dwellings

15 units = 5 spaces for the units and 1.5 spaces for visitors = 6.5 spaces

Bicycle parking is proposed, however the plans do not specify the number of bicycle spaces provided. The Traffic Report submitted by the applicant claims that 7 bicycle spaces can be provided.

Carwash bay

1 per 12 dwellings

1 car wash bay required

A car wash bay is not indicated however it could be located in one of the spaces  spaces at the rear of the site

 

The proposal does not comply with parking requirements for multi unit housing, representing a shortfall of two (2) spaces. The plans do not indicate which spaces will be allocated to each unit or to visitors. The development proposes to use car stackers but no manufacturers details are submitted and the applicant has not provided sufficient details of how the car stackers will be used or managed by the different users. Such detail can be conditioned to be provided prior to the issue of any construction certificate.

 

Notwithstanding the above, the site is constrained by its narrow width, in addition to it being landlocked. The site is located in an area where it has reasonably good access to the public bus betwrok. Furthermore, the future residents are within a short walking distance to amenities and services. This supports the objectives of the 3A zone of Randwick LEP which encourages the use of public transport and locating residential uses near commercial centres to service the needs of the residents. It is noted that there are opportunities for on street car parking in the immediate and surrounding area.

 

On this basis, the parking proposed is considered adequate for the development.

 

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.

 

For the reasons outlined in this report, it is considered that the proposal is suitable for the site. The application is considered acceptable with respect to the overall height and scale of development and in terms of number of units.

 

     Environmental Planning Instruments

    

Randwick Local Environmental Plan 1998

The proposal is consistent with the general aims of RLEP 1998 and the specific objectives of the zone as detailed in this report.

 

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

The building has yet to be constructed and as such SEPP 10 is not applicable.

 

State Environmental Planning Policy No.55 - Remediation of Land

The site has not been identified as including any contaminated land or having sustained any previous uses which may have resulted in contamination.

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

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

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

 

The plans have been checked and they are consistent with the requirements indicated on the submitted BASIX certificate for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP:BASIX have been included in the recommendation section of this report.

 

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

Application of Policy-

 

This Policy applies to development being:

(a)    The erection of a new residential flat building, and

(b)    The substantial redevelopment or the substantial refurbishment of an existing residential flat building, and

(c)    The conversion of an existing building to a residential flat building.

(d)    If particular development comprises development to which subclause (1) applies and other development, this Policy applies to the part of the development that is development to which subclause (1) applies and does not apply to the other part.

 

The guide stipulates that the SEPP is to be applied in accordance with the following paragraph:

The proposed works do fall under SEPP 65 and as such the application was referred to the Joint Randwick/Waverly Design Review Panel on 8 November 2010. The Panel considered, the proposal submitted to Council and concluded that the proposed building, its bulk, scale, proportion, materials and detail, could be a positive contribution to the Maroubra streetscape and apartment building stock, and that the substantive issues have been satisfactory addressed.

 

Section 94A Development Contributions for all applications lodged from 2 July 2007:

 

In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, the following monetary levy must be paid to Council.

 


 

Category

Cost

Applicable

Levy

S94A Levy

Development Cost

More than $200,000

The estimated development cost is $3,743,250.00 + GST.

 

1.0%

$37,432.50

 

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

 

      Draft Environmental Planning Instruments

There are no draft environmental planning instruments applicable to the proposed development.

 

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 other than the future maintenance of easement and stormwater line as a standard Council asset.

 

Conclusion

 

The proposed development complies with the relevant objectives and performance requirements of Development Control Plan – Maroubra Town Centre Development Control Plan.

 

The SEPP No. 1 Objection submitted to accompany the development application with respect to the non-compliance with the maximum height limit requirements are considered to be well founded. The proposal is unlikely to result in unreasonable impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, solar access and privacy.

 

The proportions, massing, colours, materials and finishes proposed are considered to be satisfactory. The design of the building carries architectural merit and will be sympathetic to the character of the existing streetscape. In this regard, the proposal will not be out of character with the area and will contribute in a positive manner to the streetscape in the immediate area and the locality.

 

In relation to the number of car parking spaces required, as noted in this report, it is considered that the proposed development is located in an area with good access to public transport opportunities. The shortfall of two (2) car parking spaces is not sufficient to warrant refusal of the application as there are opportunities for on street car parking in the immediate and surrounding area.

 

The application is, therefore, recommended for approval subject to the attached conditions of consent.

 

Recommendation

 

A.       That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 42D Subclause (6) of RLEP 1998, the maximum height controls for the Maroubra Junction Town Centre which adopts The Maroubra Town Centre Development Control Plan limiting the height to 6 storeys, being 21 metres for the subject site on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.       That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 926/2010 for Demolition of existing structures and construction of a 6 storey multi-unit residential building comprising of 15 units with basement and ground level carparking and associated works at No. 96 Maroubra Road, Maroubra, subject to the following conditions:

 

REFERENCED PLANS:

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

 

a.     Architectural Plans by The Architecture Company DA01-D, dated 11 November 2011 & DA02-E – DA09-E1 dated 11 November 2011;

 

b.     Landscape Plan by Zenith Landscape Designs, dwg no 10-2356, sheet 1/1, revision A dated 07.09.11.

 

the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

2.       Any gate openings shall be constructed so that the gates, when hung, will be fitted in such a manner that they will not open over the footway or public place.

 

3.       Fences / boundary walls located on the side or rear boundaries of the premises 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 /wall 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.

 

4.       The proposed car parking spaces are to be designed, constructed, line-marked and sign-posted as being compliant with Australian Standards 2890.1: Off-Street Car Parking. Details of compliance are to be included in the Construction Certificate application.

 

5.       A minimum of seven (7) 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 Standards 2890.3: Bicycle Parking Facilities. Details of compliance are to be included in the Construction Certificate application.

 

6.       Suitable security lighting is to be installed at the main pedestrian entry to the building on Maroubra Road. The above lighting devices shall be low level lighting where the light source shall not be located higher than 1m above the finished floor level, and is to be directed towards the ground. Details are to be incorporated in the Construction Certificate documentation to the satisfaction of the Principal Certifying Authority.

 

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:

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

 

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

 

8.       Street numbering must be provided to the premises in a prominent position, to the satisfaction of Council.

 

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.

 

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

 

10.     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.

 

11.     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, or otherwise specified by this development consent.

 

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

 

13.     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 conditions are imposed to promote ecologically sustainable development and energy efficiency.

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

 

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

 

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

 

The following condition/s are applied to meet additional demands for public facilities;

15.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $3,743.250.00, the following applicable monetary levy must be paid to Council: $37,432.50.

 

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.

 

PARKING & TRAFFIC MANAGEMENT:

The following conditions are applied to provide adequate provisions for parking to the development:

16.     Public access to the visitor’s carparking spaces is to be maintained at all times and an intercom system is to be provided adjacent to the vehicular entrance to the carpark, together with appropriate signage providing instructions for use.

 

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.

 

17.     The residential units are to achieve the following internal acoustic amenity criteria:

 

a)     In naturally ventilated residential units; the repeatable maximum LAeq (1 hour) shall not exceed:

 

·       35 dB(A) between 10pm and 7am in sleeping areas when the windows are closed;

·       45 dB(A) in sleeping areas when windows are open;

·       45 dB(A) in living areas (24 hours) when the windows are closed, and

·       55 dB(A) in living areas when the windows are open.

 

b)     In residential units provided with mechanical ventilation, air conditioning or other complying means of ventilation, when doors and windows are shut, the repeatable maximum LAeq (1 hour) shall not exceed:

 

·       38 dB(A) between 10pm and 7am in sleeping areas;

·       46 dB(A) in living areas (24 hours).

 

Details of compliance with the relevant criteria is to be included in the construction certificate application and written confirmation of compliance is to be provided to the Council and the Certifying Authority, by the Acoustic consultant, prior to the construction certificate being issued.

 

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

 

Security Deposit

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

 

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

 

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

 

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

 

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

 

Sydney Water Requirements

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

 

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

 

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

 

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

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

 

 

Electricity Substation

20.     The applicant must liaise with Energy Australia prior to obtaining a construction certificate (for any above ground works), to determine whether or not an electricity substation is required for the development. Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on relevant construction certificate and landscape plans.

 

Waste Management

21.     Prior to the issuing of a Construction Certificate the applicant is to amend the garbage room so as to adequately provide for the required 3 x 660L garbage bins and 8 x 240L recycling bins as well as demonstrate adequate provisions for access to all bins.  Details showing compliance are to be included in the construction certificate.

 

22.     Long Service Levy Payment

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.

 

General

23.     Prior to the issuing of a Construction Certificate the following shall be submitted to the Principal Certifying Authority:

 

a)  The submission of an acoustic report dealing with the specifications for noise amenity in Clause 4.5.1 of the Maroubra Junction Town Centre Development Control Plan.

 

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

 

c)  Ventilation details demonstrating how the basement area will be ventilated in accordance with the Building Code of Australia.

 

d)  A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of potential vibration emissions.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises.

 

Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is submitted to the certifying authority, prior to the issuing of a construction certificate, which demonstrates that damage should not occur to any adjoining premises and public place as a result of the works.

 

Any practices or recommendations specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises or land must be fully complied with and incorporated into the documentation for the construction certificate.

 

A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

 

e)  Written owners consent from Randwick Council for works over the footpath, being the awning to the Maroubra Road frontage over the front entry of the development.

 

In relation to items a) to d) above the details and recommendations of the reports and the like shall be incorporated into construction certificate drawings.

 

Car Stacker Details

24.     Prior to the issuing of a Construction Certificate the applicant is to submit to the Certifying Authority  car stacker details (manufacturing specifications) to ensure the construction of the car stackers will fit wholly within the allocated car spaces and there is sufficient height clearance. The details shall also include instructions for operation; details of manual operation in the event of power/mechanical failure; maintenance schedules; the waiting and working times for the car lift and safety and training requirements for the use of the car lift.

 

The applicant shall also submit turning paths for the car spaces within the basement garage once manufacturer’s details for the car stackers have been considered and detailed in the plans.

 

Prior to the issuing of a Construction Certificate a qualified Traffic Engineer shall advise in writing that turning paths are considered acceptable and satisfy AS/NZS 2890.1:2004 requirements.

 

A copy of the car stacker details and specifications are to be forwarded to Council as well as a copy of the qualified Traffic Engineer’s turning path report.

 

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.

 

Street Awning

25.     Plans submitted for the construction certificate for the awning shall comply with the following council requirement;

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

 

Design Alignment levels

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

 

 

Hannan Street Car Spaces 13 & 14 - Match the back of the existing Council footpath levels in Hannan Street opposite the car spaces.

 

Hannan Street Garage  Entrance

             Northern Edge – RL 27.200 AHD

             Southern Edge – RL 27.150 AHD

 

Hannan Street Fire Exit Door – 100mm above the Council kerb level opposite the fire exit door.

 

Maroubra Road Lobby Entrance - Match the back of the existing Council footpath levels in Maroubra Rd.

 

The design alignment level/s at the property boundary as issued by Council and their relationship to the kerb/footpath/AHD must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

27.     The above alignment levels and the site inspection and assessment by Council’s Development Engineering Section have been issued at a prescribed fee of $2,433.00 calculated at $46.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

28.     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.

 

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

 

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

 

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

 

i.     Directly to the kerb and gutter or drainage system located at the front of the subject site in either Maroubra Rd or Hannan Street ; or

 

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

 

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

 

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

 

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

 

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

 

e)     Determination of the required cumulative storage (in the on-site detention and/or infiltration system) must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible any detention tanks should have an open base to infiltrate stormwater into the ground. Infiltration should not be used if ground water and/or any rock stratum is within 2.0 metres of the base of the tank.

 

f)     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.

 

g)     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.

 

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

 

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

 

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

i.     150mm in uncovered open car parking areas (with an isolated maximum depth of 200mm permissible at the low point pit within the detention area)

ii.    300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

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

iv.   1200mm in landscaped areas where a safety fence is provided around the outside of the detention area

v.    Above ground stormwater detention areas must be suitably signposted where required, warning people of the maximum flood level.

 

Note: Above ground storage of stormwater is not permitted within basement car parks or store rooms.

 

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

 

l)      A ‘V’ drain (or equally effective provisions) are to be provided to the perimeter of the property, where necessary, to direct all stormwater to the detention/infiltration area.

 

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

 

n)     Mulch or bark is not to be used in on-site detention areas.

 

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

 

p)     Any onsite detention/infiltration systems shall be located in areas to be dedicated as common property.

 

Site Seepage & Dewatering

30.     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 & car stacker lower floor level (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 levels of the building are to be waterproofed/tanked to restrict the entry of any seepage water and subsoil drainage into the basement level/s of the building and the stormwater drainage system for the development.

 

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

               

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

 

Waste Management

1.       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.

 

Further details of Council's requirements and guidelines, including pro-forma Waste Management plan forms can be obtained from Council's Customer Service Centre.

 

31.     The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

          Landscaping & Environmental amenity:

32.     Landscaping at the site is to be installed in accordance with the landscaping plans/specifications submitted with the development application, being Landscape Plan by Zenith Landscape Designs, dwg no 10-2356, sheet 1/1, revision A dated 07.09.11, but is subject to the following amendments and requirements:

a)     To ensure satisfactory maintenance of the landscaped areas, an automatic drip irrigation system shall be installed throughout all planted areas. Details shall be provided showing that the system will be connected to the sites rainwater tanks, with back-up connection to the mains supply, in accordance with all current Sydney Water requirements.

b)     All detention tanks and stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth for the establishment of landscaping.

 

Street Trees

33.     The applicant shall submit a total payment of $429.00 (including GST), being the cost for Council to supply and install a total of four (4) x 25 litre street trees at the completion of all works, comprising one Cupaniopsis anacardioides (Tuckeroo) within the Maroubra Road footpath (a tree guard will need to be shown on the Public Domain Plan), located centrally across the width of the site, as well as three (3) Banksia integrifolia (Coastal Banksia’s) on the Hannan Street verge, being one an equal distance between the southern most proposed vehicle crossing and the corner of Maroubra Road, one between both proposed crossings, and one more in line with the northern site boundary.

 

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

 

Demolition & Construction Waste

34.     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

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

 

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

 

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

 

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

 

a)     commencement of any site work [or]

b)     a construction certificate being issued for the development.

 

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

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

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

 

Written Consent

38.     The installation of ground or rock anchors underneath any adjoining premises including (a public roadway or public place) must not be carried out without specific written consent of the owners of the affected adjoining premises and (where applicable) details of compliance must be provided to the certifying authority prior to the commencement of any excavation or building works.

 

Reports

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

 

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

 

40.     Hannan Street Retaining Wall

Prior to the commencement of any works on the site the applicant/owner is to liaise with Council’s Manager of Infrastructure Services on 9399 0684 regarding the removal and transportation of the sandstone blocks, that form the Hannan St retaining wall, to Council’s Storey St Depot. The cost of this work is to be at the applicant’s expense

 

Sydney Water

41.     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

42.     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.

 

43.     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.

 

44.     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.

 

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

 

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

 

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

 

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

 

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

·            appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing, and

·            unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

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

 

48.     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.

 

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

 

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

 

Street Frontage Upgrade

50.     The applicant shall meet all costs associated with upgrading the Maroubra Road site frontage in accordance with Council’s Urban Design Elements Manual for the Maroubra Junction Commercial Centre, and must be a consistent design and treatment so as to match in with the already completed section immediately to the east, in front of 98-102 Maroubra Road, with the Hannan Street verge to be simply re-turfed.

 

          All works carried out on Council property shall be in accordance with Council’s requirements for Civil Works on Council property.

 

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

 

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

 

The approved streetscape works shall be completed to the written satisfaction of Council’s Landscape Architect and Pre-paid Works Designer, prior to the PCA issuing a Final Occupation Certificate.

 

Construction Management

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

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management details.

 

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

 

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Road/Asset Opening Permit

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 days activities and upon completion.

 

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

 

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

 

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

 

 

Stormwater Drainage

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.

 

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

 

Street  Awning

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

 

Check Survey

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

 

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

§   prior to construction of each additional new floor level,

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

§   as may be required by the Principal Certifying Authority.

 

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

 

Public Safety

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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.

 

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

 

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

 

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

 

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.

 

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

 

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

 

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

 

59.     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.

 

Occupant Safety

60.     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.

 

Environmental health & amenity

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

 

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

 

62.     Where the building is provided with plant and equipment (e.g. air-conditioners, mechanical ventilation/exhaust systems or refrigeration motors etc) a report must be obtained from a suitably qualified and experienced consultant in acoustics, prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW DECC/EPA Noise Control Manual & Industrial Noise Policy, Council’s conditions of consent (including any relevant approved acoustic report and recommendations), to the satisfaction of Council.  The assessment and report must include all relevant fixed and operational noise sources and a copy of the report must be provided to Council prior to/upon issuing an occupation certificate.

 

63.     There are to be no emissions or discharges from the premises, which will give rise to an environmental or public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

64.     Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council and the location, collection, storage and removal of wastes generated within the premises must not result in a public health nuisance or cause pollution.

 

Services

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

 

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

 

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

 

The principal certifying authority is required to ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before the commencement of any works.

 

 

Owners Consent / Excavation Works

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

 

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

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

 

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

 

Hours of Operation

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

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.

 

Geotech

69.     The recommendations of the geotechnical report shall be implemented throughout the construction stage of the development.

 

Splay Corner

70.     The applicant owner is to provide a 2mx2m splayed corner at the Maroubra Rd/Hannan St intersection of the site at the Maroubra Road street level. This is to provide satisfactory sightlines for vehicles and pedestrians.

 

Signage

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

 

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

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

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

 

Demolition

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

·      Occupational Health and Safety Act 2000

·      Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant Department of Environment & Climate Change (DECC) / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

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

 

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

 

73.     A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

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

 

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

·           Details of hazardous materials (including asbestos)

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

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

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

·           Methods and location of disposal of any hazardous materials

·           Other relevant details, measures and requirements to be implemented

·           Date the demolition works will commence

 

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

 

If the work involves asbestos products or materials, a copy of the Demolition Work Plan must be provided to Council.

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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.

 

General

76.     Prior to the issue of an occupation certificate the Principal Certifying Authority shall ensure that the recommendations of the Acoustic Report and Mechanical Ventilation details have been incorporated into the development.

 

77.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979

 

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

 

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

 

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

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

a)     Construct new full width concrete vehicular crossings and laybacks at kerb opposite the vehicular entrances to the site in Hannan Street.

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

c)     Re-construct any damaged sections of Council’s kerb and gutter for the full site frontage and carry out any associated road reknits in front of the kerb and gutter.

d)     Reconstruct a 1.3m wide concrete footpath along the Hannan Street site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

e)     Construct a full width footpath along the Maroubra Road site frontage, in accordance with Council’s Urban Design Guidelines for Maroubra Junction Commercial Centre (see Street Frontage Upgrade Condition).

 

The landscape design may include pavements, seat and bin installations, trees, tree guards and tree grates as required by Council’s Landscape Architect – 9399 0911.

The applicant/owner is requested to contact Council’s City Services department on 9399 0537 to arrange for the required works on Council property to be carried out.

 

80.     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.

 

81.     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.

 

82.     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.

 

83.     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.

 

84.     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.

 

85.     The gradient of the internal access driveway must be constructed no steeper than as shown on the submitted amended plans by The Architecture Company stamped by Council 12/9/2011.

 

86.     The nature-strip upon Council's Hannan Street 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 at the applicant’s cost, prior to the issue of a Final Occupation Certificate.

 

Service Authorities

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

 

88.     All electricity and telecommunication cables/wires to service the development site across the road carriageway and/or the Council nature reserve (footpath area) are to be located underground to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated.

 

Stormwater Drainage

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

 

Notes:

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

 

b.     The works as executed drainage plan and hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

 

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

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

·       Finished site contours at 0.2 metre intervals;

·       Volume of storage available in any detention areas;

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

·       The orifice size/s (if applicable);

·       Details of any infiltration/absorption systems; and

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

 

90.     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.

 

91.     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.

 

Waste Management

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

 

93.     The waste storage areas shall be clearly signposted.

 

OPERATIONAL CONDITIONS

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

 

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

 

Stormwater Detention/Infiltration System

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

 

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.

 

·              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.

 

·              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.

 

·              Access for persons with disabilities, suitable access ramps should be provided from the entry to the premises and to the building to the satisfaction of the certifying authority and details should be included in the construction certificate.

 

·              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.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                             13 December 2011

 

 

Director City Planning Report No. CP131/11

 

 

Subject:                  3 Forsyth Street, Kingsford (DA/887/2010)

Folder No:                   DA/887/2010

Author:                   GAT & Associates , Pty Ltd     

 

Proposal:                     Demolition of existing building and construction of a 3 storey boarding house in two building forms with 18 boarding rooms, manager's unit, 1 carpark space, 3 motorcycle spaces, 20 bicycle spaces and associated works

Ward:                      West Ward

Applicant:                Mr P Zaverdinos

Owner:                         Mr J Santoso and Ms K Santoso and Mr H E Kusen and Mr H E Kusen and Mr R Alimhamzah and Ms E Moniaga

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan


Executive Summary

 

The application has been referred to Council on the basis of a SEPP 1 Objection, in excess of 10% of the wall height requirements under RLEP 1998.

 

The site is known as 3 Forsyth Street, Kingsford. The site has a dual frontage to Willis Lane.

 

The proposal involves the demolition of the existing structure on site and the erection of a three storey boarding house development, with a fourth storey created in part due to the garbage and bike storage area proposed to the rear building.

 

Following a number of issues with the original proposal, the applicant was given an opportunity to amend the proposal. Amended plans and a brief revised statement of environmental effects were received by Council on the 3 November 2011. The amended plans increased the setback of the building to Willis Lane, increased landscaping, increased building separation and reduced FSR. The plans were further amended to increase the setback to the Lane for Units 16 and 17.These rooms now have a setback of 2500mm from the balcony edge to the Lane way boundary, rooms below have a 1500mm setback).  As a result of the changes, the overall yield of 18 rooms does not change however the maximum number of boarders has been reduced as the four rooms which face the Lane will only accommodate a single person.

 

The revised plans will still provide for 18 self contained boarding house units of which one has been designed to be used for persons with disabilities.

 

A total of one (1) car parking space is provided with twenty (20) bike racks and three (3) motorcycle spaces.

 

The subject site is zoned 2B under RLEP 1998 (Consolidation). The proposed development is permissible with Council’s consent.

 

The original application was advertised and notified in accordance with the Development Control Plan public notification with 2 submissions being received. The issues raised in the submissions relate to the height of the proposal, bulk and scale, privacy, overshadowing and parking.

 

It is considered that the amended design has now addressed the outstanding issues of solar access and bulk and scale. The development is in keeping with the character of the area and the proposal does not give rise to any adverse amenity impacts, when compared to the plans already approved for this site.

 

Accordingly, the proposal does not meet the objective and the purpose of the relevant State and Local Planning Controls and therefore, the application is recommended for approval subject to conditions.

 

1.    The Proposal

 

The application involves the demolition of the existing structures on site and the construction of a three storey boarding house.

 

In total 18 rooms are being provided of which thirteen (13) will have up to two (2) persons per room. One room, being designed for disabled purposes accommodates for one person and, due to their size, the rooms which face Willis Lane are suitable for singles only. A mangers room is also proposed.

 

The development will consist of two blocks. The block facing Forsyth Street will consist of ten (10) rooms while the building off Willis Lane will contain 8 units and a manager’s room. 

 

The proposal involves the following configuration noting that the site has a substantial fall from Willis Lane to Forsyth Street.

 

Ground Floor Plan

Forsyth Building: Communal living and kitchen with access to open space, laundry, one disabled room and one standard room.

 

Willis Building:  Communal living and kitchen with access to open space, laundry, one standard room, manager’s room and plant room. Note a basement exists under this building for garbage and bike storage.

 

First Floor Plan

Forsyth Building: Four standard rooms.

 

Willis Building:  Four standard rooms.

 

Second Floor Plan

Forsyth Building: Four standard rooms.

 

Willis Building:  Three standard rooms.

 

Amendments to the plans

In response to issues raised with the applicant the plans have been amended to provide for-

 

An increase in the height of the floor level of the Manager’s room (750mm) to provide for improved solar access into this room. The north facing window should now receive adequate solar access.

 

The rear of the building which faces Willis Lane has been setback 1500mm off the boundary at ground level and 2500mm for the floor above. The distance is measured from the edge of the balcony to the rear boundary. This has allowed for an increased area for landscaping and a greater amenity for the future occupants of the rooms. The setback has moved closer to that of the multi unit housing development located diagonally opposite in the laneway.

 

The separation between the balconies in the central courtyard has been increased, resulting in a greater spatial separation to properties on either side.

 

Motorcycle parking has been increased in the Forsyth Street setback area and is screened by a green edge.

 

2.    The Subject Site and Surrounding Area

 

The property is described as Lot 2 under DP 101865 and is commonly known as 3 Forsyth Street, Kingsford. The site is located on the eastern side of Forsyth Street between Barker and Middle Streets, Kingsford. The site also has frontage to its rear to Willis Lane.

 

The site has a width of 10.06m and a length of 50.29m. The total site area is 505.9sqm.

 

The site has a substantial fall from Willis Lane (RL37.81) to Forsyth Street (RL30.81), being a fall in the order of 7m.

 

The site is currently developed with a single storey dwelling that addresses Forsyth Street.

 

Development surrounding the site is mixed in its form consisting of detached single dwelling houses as well as unit developments.

 

The site to the north contains a two storey dwelling. To the immediate south stands a semi detached dwelling.

 

Surrounding development on the eastern side of Willis lane consists of unit development while to the west, off Forsyth Street, development consist of dwellings and unit developments with the majority of the building forms being unit developments. Development generally consists of a mixture of architectural style and form with surrounding developments generally being part two and part three-storeys.

 

The subject site is extremely close to the University of NSW and within comfortable walking distance to the commercial precinct located along Anzac Parade.

 

 

3.    Site History

 

Recent development applications relating to the site include:

 

1).  DA/825/2008,      Demolition of existing dwelling and construction of a multi unit housing building in 2 buildings containing 4 residential units, basement carparking for 5 vehicles, carport fronting Willis Street and associated works.

     

Approved by Planning Committee on 13/10/09.

 

2).  DA/331/2010,       Alterations and rear additions to the existing dwelling

                              Approved by delegated authority on 08/07/2010

 

4.    State Environmental Planning Policy No. 1 – Development Standards Environmental Planning and Assessment Act, 1979

 

Randwick LEP 1998- Wall Height - Clause 20G(3)

The proposal seeks to vary the maximum wall height development standard contained in the RLEP 1998. Pursuant to Clause 20G(3) of RLEP 1998, the maximum wall height for buildings, other than buildings erected for the purpose of a dwelling house, within Zone 2B is 7-metres. The proposal has a maximum wall height of 9.3 metres which represents a departure of 2.3 metres within zone 2B.

 

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 the SEPP 1).

 

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

 

The stated purpose of the wall height standard as outlined in the LEP is:

 

To operate together with the controls for floor space 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.

 

Applicant SEPP 1 Objection:

 

 

The following points demonstrate that the proposal meets the purpose of the standard:

 

·       The proposed development has an overall height of less than 9.5m,

·       which complies with the development standard for overall building height.

·       The proposal for a boarding house is controlled by the State Environmental Planning Policy (Affordable Rental Housing) 2009 (AHSEPP). Under Division 3 Boarding houses Clause 29 – Standards that cannot be used to refuse consent - it is stated under subclause 2:

·       A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:

·       building height

·       if the building height of all proposed buildings is not more than the maximum building height permitted under another environmental planning instrument for any building on the land,

·       The AHSEPP therefore prevents refusal on the grounds of height of any measure where the building height complies.

·       Contextually, the height, bulk and scale is considered appropriate given that the proposed building is comparable to other residential flat developments and the University buildings in the surrounding area.

·       The proposed building height has reasonable amenity outcomes for its neighbours in terms of visual and acoustic privacy, overshadowing and views.

·       The approval for a residential flat building under DA825/2008 permitted a wall height variation which had similar amenity impacts and the streetscape impacts were greater than the proposed given its nil setback to Willis Lane. This allowed a wall height of 9.4m with the same southern setback as proposed.

·       Council has approved another boarding house at 23-25 Strachan Street, Kingsford, which had a wall height exceedance.

 

In conclusion, the submitted SEPP 1 objection has demonstrated the consistency of the proposed development with the underlying and stated purpose of the standard, the controlling Affordable Housing SEPP, the local planning objectives for the locality and objectives of the Act. The objection have appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstance 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 objectives 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 object specified in Section 5 (a)(i) and (ii) of the Environmental Planning and Assessment Act, 1979.”

 

The objects of the Act referred to in the aims and objectives of SEPP No. 1 under

Section 5 (a)(I)(ii) are:

 

“to encourage:

(a) 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 purposes of promoting the social and economic welfare of the community and a better environment;

 

(b) the promotion and co-ordination of the orderly and economic use and development of land;

 

The variation from the wall height standard is not inconsistent with the aims of SEPP 1 as they would not detract from the objectives 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 consistent with the relevant objectives of the Residential 2B Zone in that it will allow for medium density development which is consistent with the desired character of the locality. The redevelopment of the site is therefore consistent with the orderly and economic use of the site.

 

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 or significance for State or regional environmental planning, and

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

 

As described above under the State Environmental Planning Policy (Affordable Rental

Housing) 2009 (AHSEPP), Division 3 Boarding houses, Clause 29 - Standards that cannot be used to refuse consent, subclause 2, non-compliance with wall height is not described as a matter for consideration in assessing the suitability of building height.

 

The proposed development and variation to the development standard therefore do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standards will not aid in maintaining the ability to develop affordable housing forms, including boarding houses 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. There is also no public benefit in maintaining the controls in this instance.

 

Ways of establishing that compliance is unreasonable or unnecessary

Chief Judge 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 to establish that compliance with the development standard is unreasonable or unnecessary because the objectives of the standard are achieved notwithstanding non-compliance of the standard.

 

The rationale is that the 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.

 

Response: As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the proposal will achieve the objectives of the development standard, as demonstrated above, namely to limit the size and scale of a building having regard to the environmental amenity and aesthetic character of the area. As shown, the building is not out of character with desired future residential development within the streetscape and surrounding area, and a wall height of 9.3m does not create any unreasonable view or privacy impacts or loss of solar access to adjoining neighbours.

 

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.

 

Response:

The underlying objective or purpose of the standard is relevant to the subject development and the demonstration that the proposal meets the standard has been discussed above.

 

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.

 

Response:

The underlying objective of the standard would not be defeated or thwarted as full compliance in this instance is unreasonable. The proposal allows for a resultant bulk and scale which remains less than that of the majority of the flat buildings in the vicinity. Enforcement of compliance in this context would be unreasonable as it would be an inefficient use of the site and would result in a building height that is out of character with the streetscape. The additional height allows for additional accommodation.

 

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

 

Response:

·       Generally, the wall height development standard has not been abandoned by any decision or actions of Council. However, there are numerous instances where Council has assessed variations on their merits where appropriate streetscape and amenity outcomes justify departures.

 

Fifth A fifth way is to establish that “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 be unreasonable or unnecessary.

 

Response:

The existing Residential 2B zoning is not considered to be inappropriate for the locality.

 

Conclusion

It is considered that variation to the maximum wall height standard will not compromise the intent of the standard or the planning intent for the site and the area. The above points form adequate justification to render the wall height standard of 7- metres for the site unnecessary and unreasonable. Therefore, the SEPP No. 1 objection is well founded and should be supported

 

Comment

The overall height of the building complies with Council’s requirement and it is considered that the arguments put forwarded in the SEPP1 are acceptable and that the variation to the wall height should be supported in this instance.

 

 

5.        Community Consultation

 

5.1      Objections

The original proposal was advertised and notified for a period of two weeks until 10 November 2010 in accordance with the requirements of the Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received:

 

·     1 Forsyth Street, Kingsford

·     5 Forsyth Street, Kingsford

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

No. 1 Forsyth Street

·     Setback of the building only being 1.2 metres at a height of 9.5 metres is excessive.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·     Density concerns on a small lot

 

 

 

 

 

 

 

 

·     Noise from the courtyard

 

 

 

 

 

·     Lack of parking

 

 

 

 

 

 

 

 

 

 

·     Loss of privacy

 

 

 

 

 

 

 

 

·     Loss of property value

 

The proposed setbacks vary, with the building setback being a minimum of 1.2 metres along the northern boundary and 1.5 metres along the southern side boundary. They are greater in the areas of the stairwells being 3 metres on the northern side of the building. There is also a central courtyard between the two buildings, which is approximately 6.5 metres in length (clear of buildings) which provides spatial relief in the centre of the site. The building is modulated sufficiently along the side boundaries to provide visual relief to the immediately adjacent properties. There are screen planting trees proposed right along the southern side boundary and landscaping along the northern side boundary (although species are not specified on the plans).

 

Given that a further increase in setbacks along the side boundaries will not achieve greater solar access for the properties to the south and that the side elevations are modulated and planting is proposed, the setbacks are considered to be adequate in this instance. It being noted that a condition will be applied to ensure that landscaping is provided and maintained along the side boundaries

 

The density of the development has been reduced from 1.15:1 to 1.10:1 and is compliant with the SEPP. The proposed bulk is considered acceptable subject to some conditions which will require further articulation on the side elevations of the buildings and a detailed landscaping scheme.

 

The courtyards are centrally located and therefore the focus is away from the side boundaries. Should approval be issued, appropriate conditions of consent could be issued to manage noise from the property.

 

The concern about the lack of parking is noted and detailed within this report. The objectors concerns were noted in that parking demand for residents is very high.

 

The proposal complies with the parking requirements of the SEPP. It is noted that 20 bike rakes are located in the basement level which is in excess of the 5 spaces which are required.

 

The proposed balconies either face the street or within the centre of the development and have blade walls on the side elevations. Screens have also been provided. As such privacy concerns have been resolved. The stair cores to the buildings have now been provided with glass bricks to allow light but prevent overlooking.

This is not a planning consideration.

 

Issues

Comments

No. 5 Forsyth Street

·     Overdevelopment of the site.

 

 

 

 

 

 

·     Setbacks too close to boundaries

 

 

 

 

 

 

 

 

 

·     Loss of privacy

 

·     Overshadowing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·     Increase rubbish on the footpath

 

 

 

 

 

·     Gap between the buildings are too small

 

 

 

 

 

·     Setback of building on Willis Lane.

 

 

 

The proposal complies with the maximum FSR for the site and has now addressed the major planning concerns of the original proposal. As such, the proposal is not considered to be an overdevelopment of the site.

 

The proposed setbacks vary with the building generally being 1.2 metres along the northern boundary and 1.5 metres along the southern side boundary. There is also a central courtyard between the two buildings, which is approximately 6.5 metres in length (clear of buildings) which provides spatial relief in the centre of the site.

 

This has been discussed above

 

Any development of this site should not create any further impacts than that approved.

As part of the amended submission, the applicant has produced shadow diagrams which compare the shadow cast by the approved multi unit development and the subject proposal. There is a small benefit to the dwelling at 5 Forsyth Street in mid winter mornings but a reduction in solar access for the dwelling at No.7 (at the same time). This is due to a difference in the location of the buildings on the site and the corridor between the buildings which permits solar access on winter mornings. For the remainder of the day during mid winter both rear gardens of the neighbouring dwellings (Nos 5 and 7) receive solar access.

 

The concern of increased sidewalk rubbish dumping due to the nature of this development is not a direct planning consideration to this proposal. Dumping of rubbish is a broader issue.

 

The amended proposal provides for a setback to Willis Lane and has further reduced the FSR to 1.10:1. In these circumstances the proposed separation between the buildings is considered to be satisfactory.

 

The setback to Willis Lane has been increased to 1.5 metres to the edge of the balconies. Provided that this setback is landscaped properly, and in this regard a condition is attached, then there is no objection.

 

6.    Technical Officers Comments

 

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

 

·     Development Engineers:

 

An application has been received for demolition of existing building and construction of a 3 storey boarding house in two building forms with 18 boarding rooms, manager's unit, 1 carpark space, 5 motorcycle spaces and associated works.

 

This report is based on the following plans and documentation:

 

§ Architectural Plans by Archicorp sheets DA01-DA11 dated August 2010

§ Statement of Environmental effects by ABC Planniing sated August 2010.

§ Detail & Level Survey by Ballenden Surveyors dated 21st April 2010.

 

“Landscape Comments

There are two Agonis flexuosa (Willow Myrtles) on Council’s Forsyth Street verge, beyond the northern site boundary, actually in front of 1 Forsyth Street, in an west-east arrangement, which are covered by the TPO due to their location on public property, and contribute to the leafy character of the streetscape which is otherwise dominated by high rise units blocks and buildings within the UNSW.

 

The existing vehicle crossing will be replaced just to the south, centrally across the width of the width of the site, which will not affect either tree, with protection measures together with a bond imposed in this report to ensure their preservation.

 

Still on the verge, further to the south, in front of the subject site, both the Olea europaea (European Olive) and one Eriobotrya japonica (Loquat), of around 3-4m in height, were planted by the owner, and need to be removed at the applicants cost so as to facilitate the vehicle crossing as shown.

 

All existing vegetation within the front yard of the subject site is insignificant, and can be removed where necessary.

 

The row of semi-established trees growing beyond the northwest corner of the subject site, in the front yard of the adjoining property to the north, 1 Forsyth Street, close to the common boundary, being from west to east, a 6m tall Cupressus species (Conifer), a Jacaranda mimosfolia (Jacaranda), which is the largest and most dominant tree in this group, occupying most the front yard of this neighbouring property, then a Brachychiton acerifolius (Illawarra Flame Tree), and another Conifer, all of roughly the same size. 

 

They are all covered by the TPO, and slightly overhang into the subject site, and as Council are responsible for ensuring they remain unaffected, conditions in this report require that a cantilever/pier and beam construction method be used for the masonry wall shown along the northern to minimize impact on their root systems.

 

Consistent with previous advice for this site, no objections are raised to removing the Olea europaea (European Olive) in the rear yard, along the southern boundary, as well as the Persea americanna (Avocado Tree), towards the northeast corner of the site, fronting Wills Lane, both of 6 metres in height, as neither are significant, but is subject to replacement trees being provided in their place.

 

Approval has also been granted for the pruning of overhanging branches from the Olea europaea (European Olive) located adjacent the Avocado Tree described above, but within 1 Forsyth Street, where needed in order to avoid damage.

 

Due to the steep topography of this site, there are minimal opportunities for landscaping, with some perimeter screen planting shown along the side boundaries, as well as a central courtyard on the Ground Floor for the benefit of occupants, with further details of this treatment needing to be provided.”

 

Drainage Comments

On site stormwater detention is required for this development.

 

All site stormwater shall be discharge to the kerb and gutter in Forsyth Street via the detention system.

 

Parking Comments

(These comments relate to the original proposal which has now been modified).

“Parking requirements for the development will be assessed taking into account Council’s DCP-Parking and State Environmental Policy (Affordable Rental Housing). The DCP calculates the parking for the site at the following rates for boarding houses:

Boarding Houses = 1 space per 10 bedrooms + 1 space for caretaker

 

Proposed parking requirements

Boarding house of 18 rooms = = 2.8 spaces

 

The Affordable Housing SEPP states in regulation 29(2) that consent authorities must not refuse consent on the grounds if not more than one parking space is provided for each 10 boarding rooms or part thereof. The parking deficiency for the boarding house cannot be therefore be used as grounds for refusal. The bicycle and motorbike spaces can also be argued to offset the shortfall. There is therefore no objection to the provision of one carspace to the development.

 

The Affordable Housing SEPP also states in regulation 30(h) that consent authorities must not consent to development unless at least one parking space is provided for a bicycle and one for a motorcycle for every 5 boarding rooms. A total of 3.6 spaces is therefore required each for bicycles and motor cycles. The submitted plans show 4 motorcycle spaces are to be provide near the Forsyth street frontage and bicycles are to be installed within a storage are located in the middle of the site underneath the living area.”

 

Comment

The above comments were based upon the original plans. Under the State Environmental Planning Policy which was relevant to this application based on its submission date, this site does not require any additional parking for boarders as it is within a zone which permits Residential Flat Buildings.

 

Service Authority Comments

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

 

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

 

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

 

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

 

An inspection of the site revealed that with the exception of the feeder lines into the subject site there are no overhead cables along the Forsyth Street site frontage. Consequently, the applicant will only need to underground the cables servicing the subject development site.

 

Waste management Comments

Council’s ‘Waste Management Guidelines’ state waste generation rates for boarding houses of 9L/occupant/day for normal garbage and 3L/occupant/day for recycling.

 

The proposed development has 18 boarding rooms plus the manager residence. It is noted however that 17 of these rooms contain double beds.

 

For the proposed development this translates to:

 

Normal waste (weekly collection) = 19 occupants x 9 litres x 7 days = 1197L

Number of bins (240L capacity)     = 1197/240 = 4.98 = say 5 bins

 

Recycled Waste (fortnightly collection) = 19 occupants x 3 litres x 14 days = 798

Number of Bins (240L capacity)            = 798/240 = 3.3 = say 3 bins

 

These generation rates are based on the traditional model of a boarding house with a communal kitchen and therefore apply to this proposal.

 

The bin storage area will therefore have to be designed to accommodate 8 bins (5 normal & 3 recycling). The submitted plans indicate 7 bins and therefore may have to be enlarged slightly to accommodate the extra bin.

 

·     Environmental Health:

The subject proposal is for the construction of a 3 storey boarding house that comprises of two buildings with 18 boarding rooms each with air conditioning units, private balcony and bathroom and a unit for an on-site manager. Both buildings contain a communal laundry, kitchen and living area.

 

Key issues

An acoustic report has not been submitted as part of this application and not all the potential noise sources have been addressed as part of the submitted SEE, an acoustic report will be required prior to an occupation certificate being issued.

 

The use and the operation of the boarding house accommodation has the potential to create offensive noise and the patrons behaviours is likely to impact on the other users of the boarding house and/or the neighbouring residential properties.

 

The use of the common areas (including the courtyard area) is required to be monitored and cleaned so as to ensure the premise does not present a unsafe/unhealthy condition.

 

The use and operation of the boarding house shall be subject to a Plan of Management (PoM), which has not been submitted to Council. Appropriate conditions will be included to ensure that this is submitted to Council prior to the Occupation Certificate being issued. 

 

·     Building Classification – Class 3 (Boarding House)

 

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.

 

Noise:

There is potential for the generation of noise from the proposed development due to the installation of plant and equipment. Conditions should be imposed on the consent to address potential noise emissions from the development.

 

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.

 

Access for people with a disability:

Access and facilities for people with disabilities is required under the Building Code of Australia and the proposal appears to comply.

 

6.1      Design Review Panel

The proposal is not subject to the provisions of SEPP 65 as it is a Class 3 building (Boarding House) and the rooms are not capable of being used as a separate domicile because there are not kitchenettes in the rooms. As such, the SEPP does not apply.

 

7.        Master Planning Requirements

 

The site has a land area of only 505.9sqm and a master plan is not required.

 

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998

The site is located within Zone No. 2B (Residential Zone) under Randwick Local Environmental Plan 1998 (Consolidation). The proposed activity is permissible with Council’s consent. Although the proposal is consistent with the aims of the LEP and the specific objectives of the Residential 2B Zone, in that the development will deliver affordable accommodation, the proposal will have an impact on the amenity for surrounding development.

 

The following Clauses of the LEP 1998 are relevant to the proposed development:-

 

Clause

Requirement

Proposal

Compliance

 

20F Floor space ratios

 

Residential 2B – 0.65:1

(Allowable 328.83sqm based on 505.9sqm site area.

 

1.10:1 however State Environmental Planning Policy allows for 0.65 plus 0.5:1 (max 1.15)

No. See comments below.

 

20G Building heights

 

Max building height - 9.5metres and wall height of 7metres

 

Max height – 9.5metres including wall height

 

No. See comments below.

 

The non-compliance with the floor space ratio standard is remedied by the more generous allowances under the SEPP (Affordable Rental Housing) 2009 as discussed in the following section.

 

The non-compliance with the building wall height standard is also examined under the SEPP (Affordable Rental Housing) 2009, in the following section. The applicant has submitted a variation under SEPP No 1 Objection as detailed.

 

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

The subject application is made pursuant to the SEPP (Affordable Rental Housing) and requires assessment under Clause 29 – Standards that cannot be used to refuse consent and Clause 30 Standards for boarding houses. The following tables outline the assessment:

 

Standard

Assessment

The density and scale of the buildings when expressed as a floor space ratio are not more than 0.65:1 (Randwick Local Environmental Plan 1998) + 0.5:1 under SEPP = 1.15:1

The proposed floor space ratio is 1.10:1 and is thus compliant.

Building height if all proposed buildings comply with the maximum building height under another environmental planning instrument for any building on the land (that is, 9.5m). Maximum external wall height of 7 metres.

The building has a maximum height of 9.5 metres and is thus compliant however, the proposal breaches Council’s external wall of 7 metres. The external wall height is 9.5 metres. See comments below.

Landscape treatment if the front setback area is compatible with the streetscape in which the building is located.

The proposal uses the majority of its front setback area to Forsyth Street for one car space and motor bike parking. Landscaping is shown in this space and a condition is necessary to ensure that good quality and appropriate landscaping is provided in this area and will be maintained.

 

The building has allowed for a ground floor setback of 1500mm to Willis lane and the area forward of this is to be landscaped. Again, conditions will apply to ensure that good quality and appropriate species are provided within this space to maximise the outcome for other residents and users of the laneway. The two floors above have been setback 2500mm from the laneway to achieve a better design outcome.

 

Generally, the proposed building alignment to the street is considered acceptable.

 

Where the development provides for one or more communal living rooms, if at least one of those rooms receives a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter.

Two communal living areas are proposed. One per building block. Each living area generally faces each other and although they are at the lower levels, they are sited separated by the fall of the land.

 

The common rooms centrally located and orientated within the development rather than to side boundaries.

 

The SEPP requires 3 hours of direct solar access. Due to the orientation of the site and the orientation of the development away from the side boundaries, the common rooms face east and west and are unlikely to achieve this requirement and no supporting information was submitted with the application. However there is a central courtyard provided, which is adjacent to both common rooms which receives northern sunlight Both common rooms are also provided with north facing windows which will allow good natural light during the year. The general amenity of the common rooms is considered to be acceptable

 

If at least the following private open space areas are provided (other than the front setback area):

 

(i)       one area of at least 20sqm with a minimum dimension of 3 metres is provided for the use of the lodgers;

(ii)      if accommodation is provided on site for a boarding house manager – one area of at least 8sqm with a minimum dimension of 2.5sqm is provided adjacent to the accommodation.

There is a central courtyard which serves as the private open space which has an area of approximately 60m2 which is above the requirement and minimum width requirement. This area has access to northern sunlight and can be used year round. Thus the proposal complies.

 

In reference to an onsite manager it is noted there is a separate area of 8.5m2 having a width greater than 2.5 metres.

 

The proposal is compliant.

If not more than:

(i)       one parking space is provided for each 10 boarding rooms or part thereof, and

(ii)      one parking space is provided for each person employed in connection with the development and who is resident on the site

The proposal only provides for one car space which has been set aside for the resident manager.

 

The proposal provides for an additional 18 units with no parking.

 

While this is undesirable in an area where parking is in high demand, the proposal complies with the requirement of the SEPP (prior to the recent amendments)

If each boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of at least:

(i)       12 square metres in the case of a boarding room intended to be used by a single lodger, or

(ii)      16 square metres in any other case

In total there are 13 rooms of the same size containing an area of 15.58m2 which excludes the bathroom area and based on the dimensions on the plan. These rooms are proposed for two lodgers. If this figure is rounded up these areas comply with the minimum 16sqm for a dual occupancy  One disabled room is provided and is compliant having an area of 13.8m2 and the four rooms which face Willis Lane are designated for singles, having areas of less than 16sqm and greater than 12sqm.

A boarding house may have private kitchen or bathroom facilities in each boarding room but is not required to have those facilities in any boarding room.

Kitchens have not been provided.

 

Assessment of Clause 30 Standards for boarding houses

 

Standard

Assessment

(a) If a boarding house has 5 or more boarding rooms, at least one communal living room will be provided.

Provided, two areas are provided being one per block.

(b) No boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25 sq metres.

The proposal provides is compliant in this regard.

(c) No boarding room will be occupied by more than 2 adult lodgers.

The proposal provides is compliant in this regard.

(d) Adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger.

Provided.

(e) If the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager.

The applicant provides in total 18 rooms and more than 20 lodgers are capable of being accommodated. On this basis, the proposal is required to provide for a manager on site.  The proposal is compliant in this regard.

(f) If the boarding house is on land within a zone where residential flat buildings are permissible, no new car parking for lodgers will be provided on the site.

On this basis of this Clause, no additional parking has been provided.

(g) If the boarding house is on land zoned primarily for commercial purposes, no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use.

 

Not applicable.

(h) At least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms.

As stated a total of 18 rooms are available and on this basis, four spaces are required for a bicycle and four spaces for a motorcycle. The submitted plans show compliance with bicycle parking and motor bike spaces.

 

General comments:

 

Building Heights:

The Council’s LEP has two height controls. A maximum wall height and a maximum building height, both controls working together to regulate a buildings overall height.

 

Although the applicant has a building that is compliant in terms of overall height, the external wall height has not been met. Based on this, the applicant has submitted the following SEPP No 1 objection to the standard.

 

Character of the local area:

Following amendments to the plans, the proposal is now considered to be acceptable and will not be out of character with the surrounding development.

 

In this regard, the overall height of the development has been reduced so that it is less than 9.5 metres (maximum building height for this zone). This is compatible with the surrounding development. The overall scale and form of the development has been reduced so that is compatible with the surrounding development. The setback between the two buildings have been increased so that solar access to the adjacent site is no worse than the situation which would occur if the approved residential flat building which is approved on the site. Screening has been included in the details on the plans to safeguard the privacy of the immediately adjoining sites and landscaping will be provided along the side boundaries and in the centre of the site. The landscaping along the side boundaries will soften the edge of the development when viewed from outside the site. The building also steps away from the Willis Lane boundary to reduce the visual impact of the development on the laneway and to improve the internal amenity of the proposal for future lodgers.

 

In view of the It is considered that the development will not be out of character with the surrounding development.

 

Car Parking:

The development application was lodged prior to the recent amendments and thus under clause 54A (2) of the SEPP, savings and transitional provisions apply which state as follows:

 

If a development application (an existing application) has been made before the commencement of the amending SEPP in relation to development to which this SEPP applied before that commencement, the application may be determined as if the amending SEPP had not been made.

 

The application provides for one space for the manager, 3 motor cycle spaces and 20 bike racks in the secured basement area and complies. Given that the future lodgers are likely to be UNSW students, many of these students are unlikely to have cars. Further, the site is located within easy walking distance to Anzac Parade and to Randwick Junction where good transport and goods and services can be sourced without the need for a car.

 

(c)    State Environmental Planning Policy (SEPP) No. 65 Design Quality of Residential flat Development

 

SEPP No. 65 does not apply to the proposed development as the rooms are not capable of being used as a separate domicile.

 

8.1      Policy Controls

 

Development Control Plan Parking

The car parking requirements stipulated in the SEPP (Affordable Rental Housing) prevail over the DCP controls.

 

8.2      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

$1,600,000

1.0%

$16,000.00

 

9.        Environmental Assessment

 

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

 

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 Regulations have been satisfied

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

The environmental impacts of the proposed development on the natural and built environment that are otherwise not assessed within the body of this report, are addressed below.

 

The proposed development is now considered to be generally consistent with the built form in the locality. This has been achieved by the final set of amendments to the plans which setback the two upper floors of the Willis Lane by a further metre, resulting in the edge of the balconies being 2500mm from the boundary which is more consistent with the setback of the multi unit housing which is diagonally opposite the site.

 

Subject to conditions of consent, the impacts upon the existing natural environment will be minimised. This will be achieved by the retention of any significant trees within the vicinity of the site and a good quality landscaping scheme for the subject site being implemented and maintained for the benefit of the future lodgers.

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

The site has convenient access to local retail services and public transport. Subject to a number of changes which have been made to the plans, the proposal is appropriate on this site.

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

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

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

The proposal, due to its impacts, will not result in a significant environmental impact on the locality. Accordingly, the proposal is now considered to be in the public interest.

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 


Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Following amendments to the original plans, the proposal is considered acceptable. With the exception of required number of motorbike spaces the development now meets the relevant standards contained within the State policy. The proposal does not create unreasonable impacts to the adjoining property and the form and scale of the proposal is now in keeping with the character of the area as detailed.

 

Accordingly, 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 20G of Randwick Local Environmental Plan 1998, relating to building 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 locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/887/2010 for the demolition of the existing building and the erection of a three storey boarding house in two building forms with 18 boarding rooms and associated works, at No. 3 Forsyth, Kingsford, 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 shall be carried out in accordance with the submitted plans:

 

Sheet No. DA01 Job No 1007 dated September 2011 prepared by Archicorp

Sheet No. DA02 Job No 1007 dated September 2011 prepared by Archicorp

Sheet No. DA03 Job No 1007 dated September 2011(MODIFIED VERSION showing 1500mm setback of units 12 and 13 to Willis Lane) prepared by Archicorp

Sheet No. DA04 Job No 1007 dated September 2011 (MODIFIED VERSION showing 2500mm setback of units 16 and 17 to Willis Lane) prepared by Archicorp

Sheet No. DA05 Job No 1007 dated September 2011 prepared by Archicorp

Sheet No. DA06 Job No 1007 dated September 2011 prepared by Archicorp

Sheet No. DA07 Job No 1007 dated September 2011 prepared by Archicorp

Sheet No. DA08 Job No 1007 dated September 2011(MODIFIED VERSION showing revised elevation) prepared by Archicorp

Sheet No. DA09 Job No 1007 dated September 2011 prepared by Archicorp

Sheet No. DA010 Job No 1007 dated September 2011 prepared by Archicorp

Sheet No. DA011 Job No 1007 dated September 2011 prepared by Archicorp

Sheet No. SD01 showing comparison shadows with approved plans,undated prepared by Archicorp

Sheet No. SD02 showing comparison shadows with approved plans, undated prepared by Archicorp

Sheet No. SD03 showing comparison shadows with approved plans,undated prepared by Archicorp

Proposed parking Scheme 2

 

2.       Each room shall accommodate a maximum of two adults only as indicated in the layout of the rooms 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 18 on the submitted plans (i.e only one double bed in each room). All other rooms (1, 12, 13, 16, 17 and the Managers room) are for occupancy by a single person only.

 

3.       There must be an onsite manager who resides at the site and the room indicated on the approved plans as the Manager’s Unit must be allocated for this purpose.

 

4.       The materials and finishes must be in accordance with the submitted and approved plans as shown on DA08 Job No. 1007 prepared by Archicorp. Colours must be taken from the natural colour palette.

 

5.       The landscape plan pursuant to Condition No. 96 of this consent must be amended take into account-

 

The species which are proposed within the central landscaped space and the soil depth of this space and be designed accordingly. One feature tree must be provided within this space (which can be deciduous).

 

The landscape plan must also include suitable plantings along the side boundaries which will achieve enough height to provide some visual relief to the side elevations. The species chosen must be suitable for the site conditions and must be able to capable of partially screening the side elevations of the building when viewed from the immediately adjoining sites (as shown on the western elevation). Trees are to be provided along the southern boundary as indicated on the approved plans.

 

The planting of the front and rear setbacks which must include feature trees if trees are shown on the development application plans. In this regard a feature tree must be provided in the landscaped area fronting Forsyth Street with smaller screening trees located across the front of the balconies.

 

The planters which are shown on balcony R18 must be planted with species which are capable of providing screening on the southern and northern sides of the balcony to prevent direct overlooking of the adjacent properties. This balcony is for the exclusive use of the occupant/s of Unit 18 in order to safeguard the amenity of other lodgers and the immediately adjoining properties.

 

All planting must be maintained at all times.

 

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

6.       In accordance with Council’s Section 94A Development Contributions Plan, effective from 2 July 2010, the following monetary levy must be paid to Council:

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200000

$1,600,000

 

1.0%

$16,000.00

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

 

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

 

The following conditions have been applied to maintain reasonable levels of amenity to the area:

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

 

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

 

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

 

9.       There are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

10.     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.

 

11.     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.

 

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

 

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

13.     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.

 

14.     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.

 

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

 

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

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

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

 

16.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

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

 

17.     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 must also be provided to Council with the occupation certificate.

 

18.     In accordance with clause 98 of the Environmental Planning & 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, or

 

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.

 

19.     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.

 

20.     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.

 

A single and complete Fire Safety Certificate must be provided which includes 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.

 

21.     As a minimum, the building is required to be provided with a smoke alarm system complying with Clause 3 of Specification E2.2a of the Building Code of Australia or a smoke detection system complying with Clause 4 of Specification E2.2a of the Building Code of Australia or a combination of a smoke alarm system within the sole-occupancy units and a smoke detection system in areas not within the sole-occupancy units.  The smoke detectors located within the stairway, corridors or the like must be interconnected.

 

Additional requirements regarding the design and installation of the smoke detection and alarm system may be specified in the construction certificate for the development.

 

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

 

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

 

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

 

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

 

The following group of conditions have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

23.     Documentary evidence prepared by a suitably qualified professional geotechnical engineer shall be submitted to the certifying authority prior to the issuing of a construction certificate, certifying the suitability and stability of the site for the proposed building and certifying the suitably and adequacy of the proposed design and construction of the building for the site.

 

24.     A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of potential vibration emissions.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises.

 

Any practices or procedures specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises, must be fully complied with and incorporated into the documentation for the construction certificate.

 

A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

 

25.     Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is submitted to the certifying authority, prior to the issuing of a construction certificate, which demonstrates that damage should not occur to any adjoining premises and public place as a result of the works.

 

Any practices or recommendations specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises or land must be fully complied with and incorporated into the documentation for the construction certificate.

 

26.     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, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc.) located upon       all of the premises adjoining the subject site.

 

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

 

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

 

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:

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

 

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

 

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

 

29.     The adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of any building located on an adjoining allotment of land, the person causing the excavation must:

 

·       preserve and protect the building /s on the adjoining land from damage; and

·       effectively support  the excavation and building; and

·       at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land (including a public road or public place), give notice of the intention and particulars of the works to the owner of the adjoining land.

 

Notes

·    This consent and condition 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 principal contractor or owner-builder must obtain:

a)     the consent of the owners of such adjoining or supported land to trespass or encroach, or

b)     an access order under the Access to Neighbouring Land Act 2000, or

c)     an easement under section 88K of the Conveyancing Act 1919, or

d)     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).

 

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   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.

 

31.     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 provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

 

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

 

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

 

b)     Building materials, sand, soil, waste materials, 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.

 

c)     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 Health, Building & Regulatory Services department.

 

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

 

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

 

f)      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 or 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 on the road, nature strip or footpath.

 

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

 

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

 

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

 

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

 

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

 

33.     A Registered Surveyor’s check survey certificate or compliance certificate is to 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), detailing compliance with Council’s approval at the following stage/s of construction:

 

a)     Prior to construction of the first completed floor/floor slab (prior to pouring of concrete), showing the area of land, building and boundary setbacks and verifying that the building is being construction at the approved levels.

 

b)     On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks and verifying the building has been constructed at the approved levels.

 

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

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details and methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·           construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

35.     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.

·       Revegetation of disturbed areas.

 

36.     During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing.

 

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

 

Details of proposed sediment and erosion control measures shall include; 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.

 

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.

 

A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

37.     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.

 

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

 

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

 

Temporary fences or hoardings 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.

 

38.     The demolition, removal, storage, handling and disposal of  materials and all building work must be carried out in accordance with the following requirements (as applicable):

§   Australian Standard 2601 (2001) – Demolition of Structures

§   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 – Guidelines and Codes of Practice

§   Randwick City Council’s Asbestos Policy

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

 

39.     A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

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

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

§   Details of hazardous materials, including asbestos

§   Method/s of demolition and removal of asbestos

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

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

§   Methods and location of disposal of any asbestos or other hazardous materials

§   Other relevant details, measures and requirements to be implemented as identified in the Asbestos Survey

§   Date the demolition and removal of asbestos 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 works.  A copy of the Demolition Work Plan must be forwarded to Council and a copy must also be maintained on site and be made available to Council officers upon request.

 

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

 

a)     Randwick City Council’s 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.

 

b)     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.

 

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

 

d)     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.

 

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

 

The following conditions are applied to provide reasonable levels of access for people with disabilities:

41.     Access and provisions for people with a disability are to be provided to the development generally in accordance with the relevant requirements of the BCA, AS 1428.1 – Design for Access and Mobility and AS 4299 – Adaptable Housing. Details are to be included in the Construction Certificate to the satisfaction of the certifying authority.

 

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

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

 

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

 

43.     The 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.

 

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

 

45.     A report/correspondence prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council prior to a construction certificate being issued for the development, which demonstrates that noise and vibration emissions from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, Environmental Protection Authority Noise Control Manual & Industrial Noise Policy, relevant conditions of consent (including any relevant approved acoustic report and recommendations).  The assessment and report must include all relevant fixed and operational noise sources.

 

46.     An acoustic report, prepared by a suitably qualified and experienced consultant in acoustics, must be provided to the Council within 1 month of the issuing of an occupation certificate, which demonstrates and confirms that the relevant provisions of the Protection of the Environment Operations Act 1997 and the noise criteria and requirements contained in this consent has been satisfied (including any relevant approved acoustic report and recommendations).  The assessment and report must include all relevant fixed and operational noise sources.

 

47.     A Plan of Management (PoM) shall be submitted to Council and accepted in writing by the Manager of Health, Building and Regulatory Services prior to the occupation certificate being issued. The PoM is to be prepared by an independent, suitably qualified and experienced consultant in acoustics.

 

The PoM is to include (but not be limited) measures and procedures required to be followed so as to;

·   Any recommendations and requirements contained in the Acoustic report are to be implemented accordingly,

·   Ensure compliance with the relevant conditions of approval,

·   Minimise the potential impact of the operation of the premises upon nearby residents,

·   Effectively minimise and manage anti-social behaviour,

·   Nominate the permissible maximum number of occupants per room

·   Identify permissible use of external balconies (i.e. restrict hanging clothes over balconies, storage of excessive furniture, late night social gatherings etc)

·   Restrict the hours of use in the outdoor courtyard area.

 

48.     Accommodation is not to be provided on a temporary basis to persons on recreational pursuits. The length of lease considered appropriate is to be not less than 3 months (or as applicable) in accordance with the Residential Tenancies Act 1987.

 

49.     The manager of the boarding house accommodation must be a responsible person over the age of 18 years.

 

50.     The manager shall ensure that a notice is placed near the entrance to the property in a visible position to the public advising of the manager’s name and after hours contact number.

 

51.     Each occupant shall be furnished with a set of house rules (i.e. the Plan of Management) and that no variation shall be permitted without the further approval of Council.

 

52.     The manager shall maintain a record of all residents with details of their names, length of stay & number of persons in each room. This information shall be stored for a minimum of 12 months on site and made available to Council Officers upon request.

 

53.     All residents in the boarding house accommodation are to sign a lease or licence agreeing to comply with the Plan of Management (PoM) for the boarding house, with the length of the lease to be determined by the management. 

 

54.     The individual rooms, common areas, shared facilities and yard are to be maintained in a clean and tidy state and individual’s rubbish is to be placed in the appropriate receptacles.

 

The following conditions are applied to satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

55.     The use and operation of the premises shall not give rise to an environmental health or public nuisance.

 

56.     There are to be no emissions or discharges from the premises which give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

The following conditions have been applied to ensure compliance with Local Government Legislation and Policies of Council:

57.     Places of shared accommodation must comply with the Local Government (Orders) Regulation 1999 and the premises must be registered with the Council prior to occupation and on an annual basis, and the approved registration/inspection fee is to be forwarded to Council prior to occupation.

 

Security Deposit Conditions

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

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

 

a)   $5000.00   -      Damage / Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

 

Traffic conditions/Civil Works Conditions

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

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

 

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

 

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

 

c)      Re-construct a kerb and gutter for the full site frontage in Forsyth Street except opposite the vehicular entrance and exit points.

 

d)      Reconstruct a 1.8m wide concrete footpath along the full site frontage in Forsyth Street.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

e)      Construct kerb and gutter for the full site frontage in Willis Lane.

 

f)      Carry out a minimum 0.60m wide, road reknit in front of the kerb and gutter along both Forsyth St & Willis Lane frontages.

 

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

 

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

 

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

 

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

 

c)       If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of