Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 6 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                          6 December 2011

 

 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee Meeting

 

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

 

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

 

Quorum:                           Eight (8) members

 

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 8 November 2011

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application 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.

D160/11    5 Gordon Avenue, Coogee (DA/81/2011) (Deferred)

D161/11    46 Mons Avenue, Maroubra (DA/1065/2010) (Deferred)

D162/11    4R Argyle Crescent, Randwick (DA/315/2011)

D163/11    62 Mooramie Avenue, Kensington (DA/624/2011)

D164/11    35-37 Sackville Street, Maroubra (DA/406/2011)

D165/11    76 Doncaster Avenue, Kensington (DA/552/2011)

D166/11    11A Oswald Street, Randwick (DA/762/2011)

D167/11    123-129 Dolphin Street, Coogee (DA/169/2011)

D168/11    29 Garrett Street, Maroubra (DA/601/2011)

D169/11    1R Marine Parade, Maroubra (DA/956/2010/A)

D170/11    411R-413R Clovelly Road, Clovelly (DA/16/2009/A)

D171/11    253-255 Carrington Road, Coogee (DA/752/2011)

D172/11    14 Eastbourne Avenue, Clovelly (DA/469/2011)

D173/11    508- 510 Bunnerong Road, Matraville (DA/757/2008/B)

D174/11    12 Mundarrah Street, Clovelly (DA/765/2008/B)

D175/11    86 Dudley Street, Coogee (DA/452/2010/A)

D176/11    8 Chapel Street, Randwick (DA/700/2010)

D177/11    7 Chatham St, Randwick (DA/682/2011)

D178/11    9 Surfside Avenue, Clovelly (DA/561/2011)

D179/11    47 Bream Street, Coogee (DA/430/2008/B)

D180/11    21 Storey Street, Maroubra (DA/960/2010)

D181/11    128 Marine Parade, Maroubra (DA/618/2010/A)

D182/11    6 Moore Street, Coogee (DA/822/2011)

D183/11    143-145 Dolphin Street, Coogee (DA/793/2011)

D184/11    330 Anzac Parade, Kensington (DA/739/2011) ……………….. TO BE SEPARATELY

                   CIRCULARISED PRIOR TO THE MEETING

Miscellaneous Report (Record of voting NOT required)

M23/11     Construction Site Management Activities in a Public Place

Miscellaneous Reports (Record of voting required)

M24/11     Inglis Newmarket Planning Proposal - Independent Planning/Design Review

M25/11     Maroubra Beach Commercial Centre Urban Design Study

M26/11     Draft Randwick Comprehensive Local Environmental Plan 2012 - Referral to Department of Planning and Infrastructure for public exhibition    

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                          6 December 2011

 

 

Development Application Report No. D160/11

 

 

Subject:                  5 Gordon Avenue, Coogee (DA/81/2011)

Folder No:                   DA/81/2011

Author:                   Louis Coorey, Environmental Planning Officer     

 

Introduction

 

Original application

At the Planning Committee Meeting held on 14 June 2011, Council considered a Development Application (DA/81/2011) seeking consent to increase the fence height along parts of the southern side boundary. In particular, it was sought to increase the height of the fence at the front southern side boundary by 500mm and to increase the height of existing southern side boundary brush fence opposite No. 7 Gordon Avenue.

 

The application recommended approving the 500mm extension; however a condition was included requiring deletion of the proposed additions to the southern side boundary brush fence on the basis that they would result in an unacceptable loss of beach views and amenity from the neighbour’s property (namely their living room window).

 

At the Planning Committee Meeting held on 14 June 2011, Council, resolved:

 

“(Andrews/Nash) that:

 

… the following item be brought forward for immediate consideration and the matter be deferred to the June Council Meeting

 

“5 Gordon Avenue, Coogee (deferred in accordance with the applicant’s request).”

 

The Application was re-submitted to the Council on 28 June 2011, where it was resolved:

 

“(Nash/Notley-Smith) that the application be deferred for mediation between the applicant and objectors.”

 

Mediation

A mediation meeting, held on the 15 September 2011, identified and discussed the main issues of visual impact, overshadowing, loss of views from the southern neighbour’s site at No 7 Gordon Avenue as a result of the proposed development along the south/north boundary fence between No. 5 and No. 7 Gordon Avenue.

 

The mediation session resulted in the following outcome:

 

“That the applicant has agreed to the following changes:

 

1.  Increased boundary dividing fence south/north by 200mm (approximate) in the middle section

2.  The bottom section of the south/north fence (towards the rear of the site) to be extended to 1.8m in height and

3.   Parties to meet on site and agree on specific fence line, with new plans to be submitted.”

Amended development

Following mediation and an onsite meeting, an amended plan was received by Council on 14 October 2011. This plan was further amended by plan received by Council on 10 November 2011. The second amended plan varied from the original submitted in that it showed a 650mm extension at the middle rear yard area as opposed to the 1100mm extension originally sought.

 

The three (3) main additions to the southern side boundary fence include the following:

 

1.   200mm extension opposite the clothes line (Red circle);

2.   Extension opposite the games room window (Blue circle); and

3.   650mm extension to fence in eastern most section of southern side boundary fence around mid rear yard (Green circle).

 

Figure 1:   An excerpt of the amended plans shows the southern elevation of the development sought to the brush fence identified as follows:

 

A covering letter accompanying the amended plan stated that the (mediations) follow-up on-site meeting did not result in agreement to the specific fence line.

 

Notification

The amended plan (1) was notified to the neighbours at No. 7 Gordon Avenue. As a result of this notification, a submission was received from the owners of No. 7 Gordon Avenue, raising the following issues:

 

1. The first section of the fence should be 500mm instead of the 200mm so that the clothes line is sheltered from view,

Comment: In order to address the anomaly between the proposed 200mm extension and the 500mm extension identified by the neighbour, the applicant was asked whether they would allow for a 500mm extension at this part of the development. In response, it was indicated that the 200mm extension is in line with the listed recommendation, that a 500mm extension would be more costly and they are seeking a 200mm extension only.

 

There are no objections to the proposed 200mm extension at this part of the site on the basis of the following:

 

·      There is no avenue for Council to require this part of the development to be extended 500mm as opposed to the 200mm extension sought in the amended plans, and

 

·      The 200mm extension is minor and does not result in any appreciable adverse impacts on the neighbours outlook or amenity.

 

2. The extension opposite the games room window should be curved at the eastern-end rather than the acute angle proposed,

Comment; The proposed extension to the fence opposite the games room window appears to be adequately scaled and designed to restrict sightlines from the neighbours dwelling and terrace into the subject sites games room window and it is not considered that the proposed scale and design of this extension will result in any significant or unreasonable adverse impacts on the neighbour’s site or their amenity.

 

3. The extension at the middle rear yard level should not result in a fence exceeding 1.8m in height

The first amended plan submitted to Council, was considered excessive (see photo 3 above) and would result in un reasonable reduction in the quality of views obtained from the neighbours living room windows to the beach.

 

The second amended plan received by Council on 10 November 2011, reduces the height of the extension sought to this part of the fence from 1100mm down to 650mm.

 

In order to ensure consistency with the mediated outcome, a condition is included in the recommendation restricting the height of the fence at this part of the boundary (middle rear portion) to be a maximum height of 1.8m above the neighbours land level along their northern side boundary.

 

Site visit

A site visit was conducted to the neighbours site at No. 7 Gordon Avenue. The following photos correlate to the three areas along the southern side boundary fence indicated above.

 

 

Issues

 

The proposed extensions opposite the clothes line and the games room window are acceptable and did not require variation. However the proposed extension at the rear middle level of the rear yard is considered excessive, it would have an unreasonable impact on views and is inconsistent with the mediated outcome which stated that the fence should not exceed 1.8m in height above ground level. As such, an amended plan has been received by Council on 10 November reducing the height of the proposed fence extension from 1100mm to 650mm. It is generally in line with the mediated outcome, however to ensure that the fence does not exceed this height, it is considered reasonable to add the following condition to the recommendation:

 

2.       The extension to the southern side boundary fence, at the eastern most section along the rear yard, shall not exceed a maximum height of 1800mm, measured above the ‘existing land level’ of the southern neighbours (No. 7 Gordon Avenue) northern side boundary opposite the proposed fence extension. Note: Demonstrating compliance with this condition may necessitate a reduction in the proposed extension to the fence in this part of the site.

 

The applicant and owner is 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.

 

The application is referred back to Council for determination.

 

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 conjunction with the assessment report (and associated documentation) tabled at the Planning Committee Meeting held on 14 June 2011 and the Ordinary Council Meeting held on 28 June 2011, the outcomes from mediation, submission received from the southern neighbour in respect to the amended plan and an assessment of the amended plan (2) received by Council on 10 November 2011, a recommendation is made for approval subject to conditions.

 

As a result of the above, pertaining to the agreement reached via mediation, and subsequent issues raised by the neighbour, it is recommended that condition 1 be amended to reference the amended plans received by Council on 10 November 2011 and that condition 2 of the original recommendation be amended to restrict the extension to the middle rear yard level along the southern side boundary to a maximum height of 1.8m above the southern neighbours land level along their northern side boundary.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/81/2011 for an increase in height of existing fence on south western corner of site by 500mm and southern side boundary at No. 5 Gordon Avenue, Coogee, subject to the following conditions:

 

Referenced plans:

 

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:

 

 

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.

 

2.       The extension to the southern side boundary fence, at the eastern most section along the rear yard, shall not exceed a maximum height of 1800mm, measured above the ‘existing land level’ of the southern neighbours (No. 7 Gordon Avenue) northern side boundary opposite the proposed fence extension. Note: Demonstrating consent with this condition may necessitate a reduction in the proposed extension to the fence in this part of the site.

 

The applicant and owner is 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.

 

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.       External materials, finishes and colours of the south-western corner fence are required to match, as closely as possible, the existing fence

 

Compliance with the Building Code of Australia

5.       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.

 

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

6.       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

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, the requirements of the Home Building Act 1989 must be complied with.

 

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

 

Construction Noise & Vibration Management Plan

8.       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.

 

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

9.       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

10.     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.

 

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.

 

Site Signage

11.     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”.

 

Public Safety & Site Management

12.     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.

 

13.     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

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

 

 

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

 

Inspections During Construction

15.     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

16.     Details are to be provided in the Construction Certificate to demonstrate that the proposed works will not encroach onto the adjoining properties, Council’s road reserve or any public place.

 

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

17.     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.

 

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

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

 

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.

 

·          Building or excavation work must not be commenced until;

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                          6 December 2011

 

 

Development Application Report No. D161/11

 

 

Subject:                  46 Mons Avenue, Maroubra (DA/1065/2010)

Folder No:                   DA/1065/2010

Author:                   GAT & Associates , Pty Ltd     

 

Proposal:                     Construction of garage with secondary dwelling above at rear of the property

Ward:                      Central Ward

Applicant:                S Radomir

Owner:                         S Radomir

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The proposal was considered by Council at its meeting of the 28 June 2011 where it was resolved -

 

“(Andrews/Hughes) that this matter be deferred for mediation between the applicant and objectors.”

 

The mediation was undertaken between the owner/applicant of the property and the four (4) of the objectors on 26 August 2011.  During the mediation session the main concerns of the objectors were raised and these were visual impact, loss of privacy, overshadowing, distance from the boundary and relocating the garage to the front of 46 Mons Avenue. After some discussion the applicant agreed to make some changes to the proposal. The amendments which were foreshadowed were;

 

-      An increased setback to all boundaries, except Cooper Lane of 1.5 metres

-      That the height of the garage be reduced to the minimum height.

-      Reduce the roof by 300mm.

-      Wire fence on the boundary instead of timber.

 

The objectors did not reject the proposed changes but said they would like to view the amended changes.

 

The application was placed on notification to surrounding neighbours. Objections were received and there is still a general concern with the bulk, scale and height of the proposal and how the building will affect drainage of the laneway.

 

There have been changes made to the proposal which further reduce the height, bulk and scale of the building. Colours and materials and landscaping treatments will also aid in the reduction of the perceived bulk and scale of the building and conditions are attached to ensure that the finished development gives the surrounding neighbours the best outcome.

 

The proposal is satisfactory in its current form and is supported.

 

2.    The Proposal

 

The proposal is for a two storey building at the rear of the site which will provide a garage on the ground floor level and a granny style secondary dwelling on the upper level. The upper level will contain a bedroom, bathroom, dining and living areas, a kitchen and a small entry porch. The floor area of the granny flat is 43.3sqm.

 

There were a number of community concerns with the original proposal, and this was subsequently modified and reported to Council. Following the mediation of the matter in late August, the applicant amended the proposal and submitted amended plans to Council with a covering letter dated 14 October.

 

The changes which have been made to the plans are as follows;

 

-    The ridge height has been reduced by 740mm which also includes a reduction in the height of the garage ceiling height.

-    Side setbacks (with the exception of the setback to Cooper Lane) have been increased to 1.5 metres as agreed to in the mediation.

-    The dormer facing 71 Haig Street has been deleted.

-    A one (1) metre wide planter has been designed along the northern boundary adjoining 71 Haig Street.

-    The size of the flat has been reduced from 50sqm(amended plans previously referred to Council) to 43sqm

3.    The Subject Site and Surrounding Area

 

The site is on the northern side of Mons Avenue and has a street frontage of 7.555m a depth of 58.75m and an area of 443m. The site is relatively level and is elevated above street level and the rear lane level.

 

The locality is primarily residential in nature and contains a mixture of semi detached and free standing dwellings and older style multi unit housing development.

 

4.    Site History

 

The proposal has been the subject of a pre lodgement meeting with Council. Advice was provided that the proposal is permissible with Development Consent under State Environmental Planning Policy (Affordable Rental Housing) 2009, however the development will still need to demonstrate compliance with the Development Control Plan for Dwellings and Attached Dual Occupancies.

 

Following Council’s consideration of this proposal in July, the matter was mediated in August. The following parties took part in the mediation;

 

-     Applicant, 46 Mons Avenue

-     Owners, 42 Mons Avenue

-     Owners, 48 Mons Avenue

-     Owner, 69 Haig Street

-     Owners, 71 Haig Street.

 

Amended plans were submitted to Council in October and notified to surrounding residents.

 

5.    Community Consultation

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development by letter dated 20 October in accordance with the DCP – Public Notification

 

6.        Submissions

 

As a result of this notification, the following submissions were received:

 

A group letter from the residents of 69, 71 and 73 Haig Street and 42, 44 and 48 Mons Avenue Maroubra which raises the following issues;

 

Issue

Comment

Rain water        

The runoff from the proposed building will aggravate an already major issue in the laneway. The plans submitted lack comprehensive details relating to the management of stormwater in a flood zone laneway and implications for the future.

The amended plans were referred to Council’s engineer and drainage comments have been provided as follows-

Drainage Comments

“Cooper Lane is currently in poor condition and there is no kerb & gutter or other formalized stormwater management system in the lane. The proposed garage and granny flat have the potential to increase the risk of flooding into neighbouring garages. To reduce the amount of discharge to the lane stormwater runoff will therefore be required to first discharge to a 5m2 infiltration area prior to discharging to the lane of Mons Avenue. If ground conditions preclude the use of infiltration then site stormwater shall be directed to the kerb and gutter in Mons Avenue. Appropriate conditions have been added to this report.”

 

Such condition/s would appear to address the concerns of the surrounding residents.

 

Roof Structure

Acknowledged that the applicant has lowered the height by deleting the apex and dormer windows and not the walls.

 

Despite the changes, there will still be an enormous mass of tiled roof (1.5 metres in height) which will protrude above the fence line.

 

The structure is unsuitable for the site due to its visibility to surrounding sites.

 

Due to the changes which were required to lower the height of the building, the form of the roof has been changed which has resulted in a simpler roof form.

 

The overall height of the building has been lowered by 740mm (previous RL at 51.95, proposed RL at 51.21) While some of the reduction has been as a result of changes to the apex and dormers of the roof, the garage floor to ceiling level was reduced in height by 200mm (previous 2400mm, proposed 2200mm).

 

Due to the variations in levels and different fence heights, the amended set of plans also includes drawings showing the height of the proposal above the fence lines as they will appear from 48 Mons Avenue and 71 Haig Street.

 

The view from the rear yard of 48 Mons Avenue will be of the hipped and tiled roof form. The maximum ridge height of the roof will run parallel to the common boundary for a length of 6 metres, it is hipped on either side. The amended proposal is considered to be acceptable when viewed from 48 Mons Avenue because-

-  the proposed building is at the rear of the site and well removed from the main residences,

-  there is a setback of 1.5 metres from the boundary,

-  there are no privacy issues,

-  there are no major overshadowing issues,

-  the roof is pitched away from the common boundary which means that the maximum height of the building is approximately 3.5 metres from the boundary., and

-  there is the potential to provide for screen planting (if desired) within No.48 Mons Avenue.

 

While the building will be more visible from No.71 Haig Street, it is considered to be acceptable in its height and appearance because –

-  the building is setback 1.5 metres from the common boundary

-  a 1 metre planter box will be constructed within the 1.5 metre setback area to accommodate hedging which will soften the appearance of the building when viewed from 71 Haig Street,

-  there are no major overshadowing issues, and

-  there are no privacy implications.

 

Shadow Diagrams

Shadow diagrams are inaccurate. Alternative shadow diagrams were submitted.

 

Due to the orientation of the site north south, the shadows in the middle of the day in mid winter fall onto the subject site. Regardless of apparent discrepancies between shadow diagrams there will only be a small area of shadow which falls onto 44 Mons (in the morning) and onto 48 Mons (in the afternoon) in the mid winter and further, this will not have any detrimental effect upon any living area or window. In the circumstances of this case, the proposal is acceptable with regard to maintaining solar access to the surrounding properties. 

 

Surveyor’s Report

There are discrepancies in the survey material presented by the applicant and the objector’s surveyor. It is the objector’s opinion that

 

The first floor will appear as 14cm higher than shown. There are errors on the western, southern and eastern elevations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If approved, the objectors request “close markings of boundary lines and protection of these boundaries”.

 

 

The objectors have presented a survey of 71 Haig Street and levels within the laneway.

 

 

It is agreed that there are some minor discrepancies however it was difficult to pinpoint others which were referred to. One discrepancy involves 14cm in height which is considered to be a minor issue, one issue relates to an inaccurate floor height being referred to, however this was not apparent, on another it appears that the fence for 44 Mons Avenue has been plotted on the eastern elevation instead of the fence for 48 Mons Avenue.

 

Overall, the discrepancies largely affect the amount of the building which will be visible over common fences and in the worst case scenario is some 40cm. Given the location of the proposed building in the rear laneway, well removed from other dwellings this is not considered to be a reason to warrant refusal of the application.

 

Conditions of consent are attached which require temporary site fencing and a construction site management plan

 

Concerns of 48 Mons Avenue

Shadows

 

 

 

 

 

 

 

 

 

Imposes on future plans

 

 

Privacy of back garden compromised.

 

Due to the orientation of the site in a north south direction, the major overshadowing is to the subject property. There will be some minor overshadowing to the east and west of the site but this will not affect windows of the adjoining properties due to the proposed building being well removed from the dwellings on Nos 44 and 48 Mons Avenue. 

 

The future plans and intentions of the owner are not a relevant consideration in the assessment of the current proposal.

There are no major privacy issues associated with the positioning of the front door.

 

Concerns of 44 Mons Avenue

Shadows

 

 

 

 

 

 

 

 

 

Previous applications for the subject property and affect upon No.44.

 

 

Affect on the pine trees

 

 

 

 

 

Affect on 44A Mons Avenue (legally subdivided but yet developed block at the rear of No. 44).

 

 

Due to the orientation of the site in a north south direction, the major overshadowing is to the subject property. There will be some minor overshadowing to the east and west of the site but this will not affect windows of the adjoining properties due to the proposed building being well removed from the dwellings on Nos 44 and 48 Mons Avenue.

 

The previous application for No.46 is not a relevant consideration and should have possibly been raised at the mediation.

 

While there is morning shadow in mid winter until 12, the trees will have a degree of northern light during the day and the situation in the morning improves in the equinox and summer. 

 

If the subject application is approved, the design of a future dwelling on No.44A will need to take the granny flat into account in any site analysis.

 

Concerns of 71 and 73 Haig Street

Concern that vegetation in the planter boxes may die.

 

 

Pipes etc too close to the boundaries of 71 and 73.

 

Protection is required for the palm tree at 71 Haig Street.

 

 

Agreed. A condition is proposed to require the ongoing maintenance of any vegetation in the planter boxes.

 

The engineer has no objections subject to conditions.

 

Agreed, suitable conditions are attached.

 

Concerns of 69 Haig Street

Access to garage during building works

 

The proposal will be visible from all living areas and rear yard

 

This is a civil matter between neighbours.

 

The fact that a proposal is visible does not necessary warrant refusal of an application.

 

Incompatible with the Local Area

 

The proposal is not incompatible with the surrounding pattern of development, it being noted that the block next door at 44 and 44a is legally subdivided into 2 allotments which would allow a much larger dwelling than that proposed under the affordable housing legislation.

 

 

There was also a petition lodged which was signed by 14 parties from the following properties;

 

28 Mons Avenue

1/30 Mons Avenue

40 Mons Avenue

26 Mons Avenue

42 Mons Avenue (x2 signatures and also party to group letter)

44 Mons Avenue

59 Haig (x2 signatures)

57 Haig

69 Haig (x2 signatures and also party to group letter)

65 Haig (x2 signatures)

 

The following issues were raised-

 

·        It is out of context and character with its surroundings (unsuitable for the subject site)

 

Comment

The proposal is not out of context with its surroundings. The site at 44 and 44a Mons Avenue is a legally subdivided site which will at some stage in the future have a dwelling in the vicinity of the subject second dwelling.

 

·        Its aspect and dominance of view and the bulk and scale of the application make it unsuitable.

 

Comment

The floor area of the secondary dwelling is only 43sqm. The maximum height of the building will be RL 51.21 which is not out of character with the surrounding built development – dwellings along Mons Avenue have ridge heights of around RL 54-56 while the roof level of the garage at No. 69 Haig is at RL 48.82. The bulk and scale of the building are satisfactory.

 

·        Its position and elevation, with a balcony ledge, give privacy concerns to all who use the lane and adjoin it.

 

Comment

The position and elevation of the proposal are satisfactory and the balcony ledge (entry porch) is not large enough for any kind of entertaining purposes.

 

7.    Technical Officers Comments

 

The application has been referred to Council’s Development Engineers for comment, conditions have been provided for inclusion with any consent granted.

The following comments have been made-

 

“General Comments

The amended application only requires a minor amendment to Development Engineering’s conditions relating to the alignment levels. Previously they were issued on an assumed datum but since a full site survey has now been submitted on Australian height Datum with the architectural plans also adjusted accordingly, alignment levels have now been issued on Australian Height Datum.

 

An additional drainage condition requiring hydraulic certification of drainage works prior to occupation certificate being issued has also been added.

 

Mechanical turntable Comments

Although Development Engineering does not generally support mechanical turntable devices, it is noted that due to site constraints there are limited opportunities to provide off-street parking in this instance. As the site is at the very end of Cooper Lane any vehicles accessing the proposed garage would not have sufficient room to turn around and exit the site (and lane) in a forward direction hence the need for a mechanical turntable. To consider such devices Development Engineering generally requires at minimum manufacturer’s specifications of the turntable and it is noted that this has been supplied with the application and is satisfactory to the Development Engineer.

 

Drainage Comments

Cooper Lane is currently in poor condition and there is no kerb & gutter or other formalized stormwater management system in the lane. The proposed garage and granny flat have the potential to increase the risk of flooding into neighbouring garages. To reduce the amount of discharge to the lane stormwater runoff will therefore be required to first discharge to a 5m2 infiltration area prior to discharging to the lane of Mons Avenue. If ground conditions preclude the use of infiltration then site stormwater shall be directed to the kerb and gutter in Mons Avenue. Appropriate conditions have been added to this report.

 

Landscape Comments

The group of 3 mature Cocos Palms spaced across the width of the rear yard, just north of the existing dwelling are an exempt species under Council’s TPO due to their low landscape value, and while they may assist with amenity by reducing the visual impact of the increased built forms at the site, can be removed if necessary, should the applicant wish.

 

Beyond the northern site boundary, growing in the rear yard of the adjoining property, 71 Haig Street, close to the dividing fence, there is a mature Archontophoenix cunninghamiana (Bangalow Palm) of around 6 metres in height, which is leaning slightly to the north.

 

The inspection revealed that the ground level within the subject site, in the area of the proposed works, is raised up higher (approx 1.5m) than the road surface (Cooper Lane), as well as the neighbouring property where the palm is growing, with a timber log retaining wall supporting the difference in level in this area.

 

Both this wall and the difference in level should have prevented the growth of roots into the subject site, with the plans showing that concrete piers or a new block-work wall will be constructed right on the common boundary.

 

Given the close proximity of these works to the palm, and the fact that it is still possible that some minor roots may be encountered, conditions relating to how they are to be treated have been provided this report.

 

Sydney Water Comments

Consistent with Sydney Water guidelines for dual occupancy developments a Section 73 Compliance Certificate shall be required.”

 

8.    Master Planning Requirements

 

There are no Master Planning Requirements to consider

 

9.    Relevant Environmental Planning Instruments

 

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

 

-      Environmental Planning and Assessment Act 1979 as amended.

-      Randwick Local Environmental Plan 1998.

-      Building Code of Australia.

-      State Environmental Planning Policy - Affordable Rental Housing 2009

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

-      Development Control Plan– Dwelling Houses and Attached Dual Occupancies DCP

 

(a)    State Environmental Planning Policy (SEPP) - Affordable Rental Housing 2009

The SEPP was introduced on 31 July 2009 to increase the supply and diversity of affordable rental and social housing in NSW. The SEPP was amended on 20 May 2011 to require new in-fill development; low rise development; boarding houses, and Housing NSW proposals to be subject to a local character test to ensure that developments are consistent with the design of the local area and the affordable housing component being provided as a percentage of the total floor space. The amendment does not change provisions for other types of accommodation such as granny flats, group homes and supportive accommodation.

 

This application has been submitted seeking consent under Division 2 of the SEPP: Affordable housing 2009 for Secondary dwellings and its provisions will not be affected by the abovementioned review. Under Division 2 the following clauses are relevant:

 


Clause 19 Definition

The proposed development falls within the scope of the definition of a secondary dwelling in that it entails development for the purposes of a secondary dwelling by use of a structure which is not an individual lot in a strata plan or community title scheme.

 

Clause 20 Land to which this division applies

This subject site is located on 2A zoned land which is equivalent to Zone R2 Low Density Residential identified under the SEPP Affordable Rental Housing 2009 and the development for the purposes of a granny flat is permissible on the land.

 

Clause 21 Development to which Division applies

The proposed development for a secondary dwelling may be carried out with consent under this SEPP subject to Clause 22 below.

 

Clause 22   Development may be carried out with consent

Under Subclause 3(a) & (b) the following criteria apply:

 

(a)     the total floor area of the principal dwelling and the secondary dwelling must be no more than the maximum floor area allowed for a dwelling house on the land under another environmental planning instrument, and

 

(b)     the total floor area of the secondary dwelling is no more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.

 

The proposal complies with both parts of this Clause of the SEPP as there is no floor space standard in Council’s LEP for dwelling houses and the total floor area of the secondary dwelling does not exceed more than 60m (43sqm poroposed).

 

Clause 23   Complying development

The proposed development is not complying development as defined under the SEPP and therefore requires a Development Application.

 

Clause 24   No subdivision

The proposed development does not result in any subdivision of the lot on which development for the purposes of the secondary dwelling has been carried out under this Division.

 

(b)    Randwick Local Environmental Plan 1998

The site is zoned 2A under Randwick Local Environmental Plan 1998 (Consolidation). The following Clauses of the LEP 1998 apply to the proposal:-

 

2A zone

The proposed development for two detached dwellings is not permitted in 2A zones under the RLEP and the application is submitted under the SEPP – Affordable Housing 2009. Notwithstanding its impermissibility under the Local EPI, it is considered that the proposed development will not detract from or contravene the zones intended objectives to encourage a mix of housing and provision of affordable housing within the locality.

 

9.1 Policy Controls

a.    Development Control Plan (DCP) - Dwelling Houses and Attached Dual Occupancies

 

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

 

 

Clause

Preferred Solution

Check

y/n

 

 

Landscaping

40 % of site provided as landscaped area

40 %

Yes

 

 

 

25m² of private open space provided.

42m2 +

Yes

 

 

 

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

yes

 

 

 

 

Open space behind the building line.

Complies

 

 

 

20% of the site area is permeable.

30%

 

 

Floor area

(Site area 443 m2) maximum FSR 0.6:1 

0.48:1, complies

 

 

Height, Form & Materials

External wall height maximum 7m

4.0m maximum wall height

Yes

 

 

 

External wall height to the rear maximum 3.5m.

Yes.

 

 

 

Cut or fill maximum 1m.

Exceeds 1m

See comments below

 

 

 

No excavation within 900 mm of a side boundary.

Does not comply

See comments below

 

 

 

No excavation within 4m of a rear boundary.

Does not comply

See comments below

 

 

 

There are no major objections to excavation for the proposed building up to the side and rear boundaries as conditions of consent are included to ensure that the building works are undertaken to maintain the integrity of the subject and adjoining properties during and after building works.

 

 

 

 

 

Building setbacks

Front setback average of adjoining dwellings or 6m

No change

n/a

 

 

 

Rear boundary setback at least 4.5m

Less than 4.5m, see comment below.

 

 

Side setbacks be 900mm at ground level.

The garage portion of the building is partially below the ground level of the adjoining properties with the dwelling portion 600mm from the western and 1500mm from the eastern side boundary. There are no objections to the western boundary setback as this is to the laneway. The remainder of the setbacks have been increased to 1500mm in line with the discussion in the mediation of the application.

 

 

The rear boundary setback does not comply, however in this instance there are no objections as the setback of the building is consistent with the adjoining garages and outbuildings and will not restrict access to daylight and fresh air to any adjoining properties.

 

 

 

 

Privacy

The proposal will not result in any unreasonable loss of privacy to the adjoining properties as the windows within the western side of the dwelling are orientated above the laneway with viewing into adjoining properties obscured by the existing rear boundary fencing of the adjoining properties, the eastern side windows are modest with one serving the bathroom, the southern windows are modest in size.

 

 

 

 

Garages & Driveways

 

 

 

 

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

The proposal includes an additional parking space within the new garage which improves the existing availability of off street parking to the dwellings. There are a total of two parking spaces provided on this site and it is not feasible to provide any additional parking on site due to existing site constraints and streetscape impact to the Mons Avenue frontage. It is noted that the Affordable Housing SEPP does not allow for the refusal of an application on the basis of parking shortfall alone.

 

 

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

n/a

 

 

 

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

Slightly reduced

Still complies

 

 

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

No change

 

 

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

No impact to solar collectors

 

 

 

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

No impact to north facing living room windows

 

 

 

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

Slightly reduced

Yes

 

 

9.2 Council Policies

Section 94 contributions plan

This application is subject to a $500.00 levy under Council’s s94A Development Contributions Plan.

 

10. Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

The proposal is not inconsistent with the SEPP Affordable Rental Housing 2009.

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

There is no draft Local Environmental Plan applicable to this application.

 

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

Refer to the “DCP” section of this report.

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

Not applicable.

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

Clause 7 of the EP&A Regulation 2000 requires the consent authority to consider the provisions of the Building Code of Australia. Accordingly, appropriate conditions of consent are recommended for imposition should this application be considered suitable for approval.

 

Clause 92 of the Regulation requires the consent authority to consider relevant Australian Standards relating to demolition of structures. Accordingly, a specific condition is recommended for imposition to require compliance with Australian Standard 2601.

 

Clause 93 of the Regulation requires the consent authority to consider the structural capacity and fire safety aspects of a building. Accordingly, appropriate conditions are recommended to address the above matters.

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 (as conditioned) is generally consistent with the residential character in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality.

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

The site is located in close proximity to local services and public transport. The site has sufficient area to accommodate the proposed land use and associated structures. Therefore, the site is considered suitable for the proposed development.

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

Submissions have been considered.

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

The proposal promotes the objectives of the SEPP 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.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Excellence in urban design and development.

Direction:  Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

This is an amended proposal for a secondary dwelling at 46 Mons Avenue, Maroubra.

The application was considered by Council in June 2011 and it was resolved to send the matter to mediation. Mediation was undertaken in August 2011. There was general agreement at the mediation that the building would be lowered and that setbacks to the boundaries, excluding the Cooper Lane frontage, would be increased to 1500mm.

 

Amended plans were received by Council in October. The amendments are as follows;

 

-      The ridge height has been reduced by 740mm which also includes a reduction in the height of the garage ceiling height.

-      Side setbacks (with the exception of the setback to Cooper Lane) have been increased to 1.5 metres as agreed to in the mediation.

-      The dormer facing 71 Haig Street has been deleted.

-      A one (1) metre wide planter has been designed along the northern boundary adjoining 71 Haig Street.

-      The size of the flat has been reduced from 50sqm (amended plans previously referred to Council) to 43sqm

 

The application was placed on notification to surrounding neighbours. Objections were received and there is still a general concern with the bulk, scale and height of the proposal and how the building will affect drainage of the laneway.

 

There have been changes made to the proposal which further reduce the height, bulk and scale of the building. Colours and materials and landscaping treatments will also aid in the reduction of the perceived bulk and scale of the building and conditions are attached to ensure that the finished development gives the surrounding neighbours the best outcome.

 

The proposal is satisfactory in its current form and is supported.

 

Recommendation

 

A.     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. 1065/2010 for construction of garage with secondary dwelling above at rear of the property, at 46 Mons Avenue, Maroubra subject to the following conditions:

 

REFERENCED PLANS:

 

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

 

 

Plan numbers

Drawn by

Dated

Received

1-8 Issue B

Architectural Drawings

06/10/2011

14 Oct 2011

22,997

John.R.Holt Surveyors

15/01/2011

2011

 

BASIX Certificate

No.

Dated

Received

 

366090S 02

18 October 2011

October 2011

 

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

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

 

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

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

 

External materials, finishes and colours of the building should be of a neutral colour scheme and taken from the natural environment in order to reduce the bulk and scale of the development when viewed from surrounding neighbours and from the Cooper Lane. Roof tiles are not to be highly glazed and any metal roof sheeting is to be pre-painted (e.g. Colourbond) to limit the level of reflection and glare.

 

Section 94A Development Contributions

4.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $ 100 000, the following applicable monetary levy must be paid to Council:   $ 500.00.

       

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

 

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

 

Compliance with the Building Code of Australia

5.       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.

 

Long Service Levy Payments

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

 

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

 

BASIX Requirements

7.       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

8.       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

9.       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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Temporary Site Fencing

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

 

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

 

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

 

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

 

Construction Site Management Plan

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

 

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

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          provisions for temporary sanitary facilities;

·          location and size of waste containers/bulk bins;

·          details of proposed sediment and erosion control measures;

·          provisions for temporary stormwater drainage;

·          construction noise and vibration management;

·          construction traffic management details.

 

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

 

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

 

Sydney Water

1.       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.

 

Sydney Water

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

 

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

 

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

 

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

The Section 73 Compliance Certificate is required to be obtained before an occupation certificate is issued.

 

Sydney Water

2.       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.

 

Sydney Water

3.       The Section 73 Compliance Certificate must be submitted to the Principal Certifying Authority prior to the issuing an Occupation Certificate.

 

 

Public Utilities

4.       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.

 

Site Signage

5.       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

6.       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

7.       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.

 

a)    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.

 

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

 

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

 

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

 

e)    Cooper Lane is to be maintained unimpeded at all times during and after building works to ensure access to and from all properties which utilise the Lane.

 

Excavations, Back-filling & Retaining Walls

8.       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

9.       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.

 

10.     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

11.     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

12.     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

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

 

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

14.     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

15.     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.

 

Stormwater Drainage

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

 

OPERATIONAL CONDITIONS

 

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

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

 

External Lighting

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

 

Protection of the Environment Operations Act 1997 – Rainwater Tanks

18.     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

19.     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.

 

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

 

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

 

a)       Upgrade Cooper Lane near the site frontage so as to provide satisfactory vehicular access to Council’s requirements.

 

21.     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.

 

22.     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.

 

Alignment Level Conditions

 

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

 

23.     The Council’s Development Engineer has inspected the above site and have determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall be:

·              RL 45.64 (AHD) on Cooper Lane.

 

24.     The design alignment level 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.

 

25.     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.

 

Service Authority Conditions

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

 

26.     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.

 

Stormwater Drainage

27.     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.

 

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

 

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

 

Drainage Conditions

 

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

 

29.     Detailed drainage plans shall be submitted to and approved by the certifying authority prior to the issue of a construction certificate. The drainage plans shall demonstrate compliance with the conditions of this development approval.

 

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

 

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

 

Notes:

 

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

 

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

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

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

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

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

 

b.  The infiltration/rubble pit shall:-

  

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

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

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

Note:  other equivalent methods of infiltration may be adopted.

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

 

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

 

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

 

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

 

Landscape Conditions

 

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

 

31.     Any public areas on either Mons Avenue or Cooper Lane which are damaged during the construction of the proposed works shall be restored to their former condition, and in the case of re-turfing, it shall involve excavating to a depth of 150mm, then backfilling with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and the laying of Kikuyu turf or similar. Such works shall be completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

32.     The primary area of private open space, between the existing dwelling and proposed garage/granny flat, must remain porous/permeable, with suitable landscape treatment that will improve both the appeal and usability of this area to be provided as part of the works.

 

33.     The planter box which is shown on the northern side of building is to be properly constructed (i.e appropriate planter depth and waterproofing) to sustain screen planting of a minimum of one metre in height. The plants in the planter box are required to soften the edge of the building when viewed from 71 Haig Street and must be maintained with such plantings at all times. Full details of the planter box must be provided as part of the construction certificate.

 

Tree Management

34.     While the group of 3 Syagrus romanzoffianum (Cocos Palms) growing in the rear yard, just north of the existing dwelling, across the width of the site, appear to be shown for retention, they are an exempt species under Council’s Tree Preservation Order (TPO) due to their low landscape value, and can be removed as part of the proposed works if necessary.

 

Protection of neighbouring palm

35.     In order to ensure retention of the mature Archontophoenix cunninghamiana (Bangalow Palm) located beyond the northern site boundary, in the rear yard of the adjoining property at 71 Haig Street, against the common boundary in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show the retention of this neighbouring palm, with the position and diameter of both its trunk and crown to be clearly shown.

 

b.       Any roots encountered during the course of the new wall along the northern boundary must be cut cleanly by hand, with the affected area to be backfilled with clean site soil as soon as practically possible.

 

c.       Following the lowering of levels in the rear yard, 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 a 1.5 metres radius of its trunk, with all Site Management Plans needing to acknowledge these requirements.

 

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.

 

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

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                          6 December 2011

 

 

Development Application Report No. D162/11

 

 

Subject:                  4R Argyle Crescent, Randwick (DA/315/2011)

Folder No:                   DA/315/2011

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Construction of 8 semi-detached dwellings with associated garages, landscaping, fencing, retaining walls and associated works, and Torrens title subdivision into 4 allotments

Ward:                      East Ward

Applicant:                Defence Housing Australia

Owner:                         Defence Housing Australia

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject application is referred to the Planning Committee Meeting as it has an estimated development cost of more than $2 million.

 

The application was advertised and notified from 18 May to 1 June 2011 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of fourteen (14) submissions were received at the conclusion of the public consultation process. The issues raised are primarily related to the removal of existing mature trees, streetscape, visual impacts on Randwick Environmental Park, traffic and parking, safety and security, and suitability of the site for residential development.

 

The subject site is zoned Special Uses No. 5 under RLEP 1998 (Consolidation). The proposal involves the construction of 8 semi-detached dwellings and is defined as “multi-unit housing” under the LEP. The proposal satisfies the board objectives for the Special Uses Zone and is permissible with Council’s consent.

 

At the Ordinary Council Meeting on 28 June 2011, Council resolved:

 

‘(Mayor, Cr M Matson) That:

 

a.     Council resolve to prepare an amendment to the Randwick LEP 1998 (Consolidation) to rezone 4R Argyle Crescent, Randwick, from 5 Special Uses to 7 Environmental Protection, and to include it within the Randwick Environmental Park Heritage Conservation Area, in accordance with S54 of the Environmental Planning and Assessment Act 1979; and

 

b.     A planning proposal to this effect be prepared in accordance with S55 and forwarded to the Minister for Planning requesting a Gateway determination in accordance with S56 of the Act.’

 

Council has since prepared a planning proposal and referred to the Department of Planning and Infrastructure requesting determination under the ‘gateway’ process. The proposal is currently under consideration by the Department. However, the above proposal has not proceeded to a stage where a draft plan has been prepared for public exhibition purposes, and hence is not technically a matter for consideration under Section 79C of the Environmental Planning and Assessment Act.

 

The proposed subdivision pattern and site planning respond appropriately to the configuration and topography of the land. The dwellings are presented in a stepped form that follows the natural fall and site contours. The buildings are limited to 2 storeys with wall heights not exceed 7m as measured from the finished ground levels. The scale and massing are consistent with the surrounding residential developments. In addition, generous deep soil landscaped areas amounting to over 40% of the site have been reserved and will contribute to a green ambience to the surrounding areas. 

 

The design will retain 12 (out of 19) of the existing Tallowwood trees within the Argyle Crescent nature strip. The retained Tallowwood trees in conjunction with another 14 of the same species on the opposite side of the street, will reasonably maintain the avenue planting theme in Argyle Crescent.

 

Specific conditions have also been recommended to ensure appropriate retention of the Bracelet Honey Myrtles along the rear boundary of the site and to provide suitable replacement planting. The development is not considered to create detrimental impacts on the visual amenity and heritage significance of Randwick Environmental Park.

 

The development includes a single garage and a hardstand car space within the driveway for each dwelling, which satisfies the requirements of the Parking DCP.

 

The development scheme will not result in unreasonable impacts upon the amenity of the surrounding residences in terms of visual bulk and scale, view loss, solar access and privacy.

 

The adjoining Randwick Environmental Park contains a significant area of bushland and an ephemeral wetland. The bushland contains the endangered ecological community, Eastern Suburbs Banksia Scrub (ESBS). ESBS is listed in the NSW Threatened Species Conservation Act and the Commonwealth Environment Protection and Biodiversity Conservation Act as an endangered ecological community. Council has engaged an independent vegetation consultant to review the application and associated documents. It has been confirmed that the subject site contains no ESBS and that the remnant ESBS community within the Park is situated approximately 20m to the north of the site. Subject to appropriate construction management conditions, the proposed works will not result in detrimental impacts on the endangered community.

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended. Therefore, the proposal is recommended for approval subject to conditions.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 15 in DP 1042814, No. 4R Argyle Crescent, Randwick. The site is located on the western side of Argyle Crescent adjacent to its intersection with Cedar Place and Henning Avenue. The land presents a trapezium shape and slopes from the north-east to the south-west with a fall of approximately 6m. The dimensions and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

North-eastern, side boundary

45.415m

2395m2

South-western, side boundary

13.075m

South-eastern, Argyle Crescent boundary

63.875m

North-western, rear boundary

85.5m

 

At present, the site is vacant and covered by dense vegetation, including a group of Bracelet Honey Myrtles along the north-western property boundary. In the Argyle Crescent nature strip adjacent to the site frontage, there is a row of 19 Tallowwood trees, which in conjunction with another 14 of the same species on the opposite side of the street, form a distinctive avenue planting theme.

 

The site is adjoined by Randwick Environmental Park (REP) to the north, south and west. REP is listed as a Conservation Area under Randwick Local Environmental Plan 1998 (Consolidation). The Park contains large sections of remnant native vegetation, including Eastern Suburbs Banksia Scrub which is identified as threatened ecological species. Due to the presence of the above significant endangered ecological communities, the park is zoned Environmental Protection – Natural Heritage Areas No. 7 under the LEP.

 

To the east of the site is a low to medium density residential area characterised by detached and semi-detached dwellings. Residential housing and public recreational facilities are located to the south of the site.

 

The subject site (left) and existing Tallowwood trees as viewed from the intersection of Argyle Crescent and Cedar Place looking north-east

The subject site (right) and existing Bracelet Honey Myrtles as viewed from the footpath of Randwick Environmental Park looking north

 

3.      The Proposal

 

The proposed development includes the following elements:

 

·      Removal of the majority of the existing vegetation from the site.

·      Construction of 8 x semi-detached dwellings with 3 bedrooms each.

·      Construction of driveways and selective removal of existing trees within the Argyle Crescent nature strip.

·      Installation of retaining walls and fences.

·      Landscaping.

·      Construction of stormwater drainage and civil works.

·      Torrens title subdivision into 4 allotments:

 

Proposed lot

Land area

Frontage width

Lot 1

622m2

30.35m

Lot 2

506m2

16.18m

Lot 3

605m2

16.42m

Lot 4

662m2

17.00m

 

Each pair of semi-detached dwellings will occupy one allotment of land.

 

4.      Site History

 

4.1    Rezoning proposal

Council has expressed interest in possible incorporation of the subject site into the adjoining Randwick Environmental Park (REP), in order to further safeguard the latter for environmental protection and community enjoyment purposes.

 

At the Ordinary Council Meeting on 24 March 2009, Council resolved to:

 

‘a.    Write to the Minister for Defence seeking the re-incorporation back into the emerging Randwick Environment Park of the excised triangular area of land owned by Defence Housing Land adjacent to the bottom of Argyle Crescent; and

 

b.     Approach Kingsford – Smith MP the Hon. Peter Garrett in both his capacity as Federal Environment Minister and local member to enlist his support for the idea.’

 

Following from the above resolution, Council wrote to the Department of Defence in April 2009 requesting the inclusion of the subject site in REP. The response from the Minister for Defence, dated 7 July 2009, stated that Defence Housing Australia was under pressure to provide increased levels of residential accommodation in locations close to defence bases and that the subject land was required for housing purposes. 

 

At the Ordinary Council Meeting on 28 June 2011, Council resolved:

 

‘That:

 

a.     Council resolve to prepare an amendment to the Randwick LEP 1998 (Consolidation) to rezone 4R Argyle Crescent, Randwick, from 5 Special Uses to 7 Environmental Protection, and to include it within the Randwick Environmental Park Heritage Conservation Area, in accordance with S54 of the Environmental Planning and Assessment Act 1979; and

 

b.     A planning proposal to this effect be prepared in accordance with S55 and forwarded to the Minister for Planning requesting a Gateway determination in accordance with S56 of the Act.’

 

Council has since prepared a planning proposal and referred to the Department of Planning and Infrastructure requesting determination under the ‘gateway’ process. The proposal is currently under consideration by the Department.

 

Where the site is successfully rezoned to Zone No. 7 (Environmental Protection – Natural Heritage Areas Zone) and included as part of Randwick Environmental Park Conservation Area, the range of permissible land uses would become much more restricted than that under Zone No. 5, and would generally be limited to developments such as public recreation facilities.

 

4.2    Plan amendments

At Council’s request, the applicant submitted revised architectural drawings on 19 September 2011 with the following design changes:

 

·      Conversion of the two southern most detached dwellings into two semi-detached houses.

·      Reconfiguration of the subdivision to create 4 Torrens title allotments, each containing a pair of semi-detached dwellings.

·      Reservation of increased front setbacks to allow a standard hardstand car space within the driveway areas.

·      Retention of 2 additional Tallowwood trees in the Argyle Crescent nature strip and a number of Bracelet Honey Myrtles adjacent to the north-western site boundary.

 

Revised landscape plans were submitted on 27 October 2011. A Vegetation Assessment was submitted on 31 October 2011.

 

The above additional and amended documentation forms the subject of this assessment.

 

5.      Community Consultation

 

The subject application was advertised and notified from 18 May to 1 June 2011 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received at the conclusion of the public consultation process:

 

 

·      195 Alison Road, Randwick

·      19 Argyle Crescent, South Coogee

·      45 Argyle Crescent, South Coogee

·      4 Ash Place, South Coogee

·      86A Bundock Street, Randwick

·      12 Cedar Place, South Coogee

·      16 Cedar Place, South Coogee

·      20 Cedar Place, South Coogee

·      28 Cedar Place, South Coogee

·      20 Jacaranda Place, South Coogee

·      70 Jacaranda Place, South Coogee

·      PO Box 194 Randwick

·      Department of Defence: L19 Defence Plaza Sydney, 270 Pitt Street, Sydney

·      Moverly Precinct Committee

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The nature strip along the Argyle Crescent frontage of the site contains a row of Tallowwood trees. The above avenue planting visually defines the entry to the Moverly Green estate.

 

The proposal involves removal of half of the trees and will detrimentally affect the streetscape and neighbourhood character.

 

Although a number of the Tallowwood trees have been nominated for retention, the close proximity of the works means that only a few of the trees can be practically kept in the nature strip.

The revised design will retain 12 (out of 19) of the existing Tallowwood trees within the Argyle Crescent nature strip in front of the site. The retained Tallowwood trees in conjunction with another 14 of the same species on the opposite side of the street, will reasonably maintain the avenue planting theme in Argyle Crescent.

 

Specific tree protection conditions have been recommended to ensure proper execution of works and to minimise potential damage to the nominated trees.

 

 

 

The proposal involves removal of the row of Bracelet Honey Myrtles along the western boundary of the site, and will severely affect the character of Randwick Environmental Park.

The revised development scheme shows the retention of the row of Bracelet Honey Myrtles adjacent to the north-western (rear) boundary of the site. Appropriate tree protection conditions have also been recommended to minimise potential damage to the nominated trees during the construction phase.

 

The amended proposal will maintain adequate vegetation buffer to visually soften the building structures when viewed from Randwick Environmental Park.

The proposal has reserved insufficient front setbacks.

The revised proposal has increased the front setback and is now considered to be satisfactory. Refer to the “DCP” section of this report for details.

The proposed built forms are uniform in appearance and are not consistent with the character of the Moverly Green estate.

The proposed built form is consistent with the objectives and performance requirements of the DCP – Dwelling Houses and Attached Dual Occupancies. The architectural style is contemporary and the facades are suitably articulated with fenestration patterns and a combination of surface finishes. The proposal is not considered to adversely affect the character of the locality.

The existing fence along the western boundary of the site (which abuts Randwick Environmental Park) should be retained.

A specific condition is recommended to require retention of the existing timber framed metal wiring fence along the north-western boundary of the site.

The proposed dwellings and retaining walls will be prominently visible from Randwick Environmental Park and will adversely affect its visual amenity.

Given the steep slope near the western section of the site, the proposal has included a continuous retaining wall parallel to the rear boundary reaching up to approximately 1.4m in height. Notwithstanding, the proposal will retain the majority of the Bracelet Honey Myrtles located closest to the shared boundary with Randwick Environmental Park.

 

It is considered that an adequate level of vegetation buffer will be retained to visually soften the building and retaining wall structures.

 

A condition is also recommended to require the aforementioned retaining wall to be constructed with natural stones or similar materials to ensure it is suitably integrated with the landscape design.

The existing site levels should not be raised.

Due to the sloping topography of the site, minor to moderate degree of excavation and backfilling are required to create levelled building platforms and terraced garden areas. Notwithstanding, the proposal has adopted a split-level design which will respect the natural landform and minimise site modification.

The proposed development will generate a significant level of vehicular traffic that is beyond the capacity of the local roads.

Council’s Development Engineer has reviewed the proposal and raised no objections on traffic grounds. The proposed development is not considered to generate increased vehicular traffic to an extent that exceeds the road capacity.

The development only contains a single garage for each dwelling and has not provided sufficient off-street parking.

 

The proposal has no provision for visitor parking.

 

Argyle Crescent has a narrow width and any overflowed parking from the site will adversely affect vehicular traffic and cause safety impacts.

The proposal incorporates 2 car spaces for each dwelling and complies with the requirements of the Parking DCP.

The proposed driveways have insufficient length to function as hard-stand car spaces. Vehicles parked within the driveways will overhang public land.

The revised proposal has lengthened the driveways so that standard hard stand car spaces could be accommodated. A specific condition has also been recommended to ensure the dimensions of the hardstand car spaces comply with the Australian Standard.

Vehicles entering and exiting the site would cause safety problems.

Council’s Development Engineer has reviewed the driveway design and raised no objections, subject to standard conditions.

Any approval of the subject application will require widening of Argyle Crescent and provision of drop-off facilities for the child care centres nearby.

Council’s Development Engineer has reviewed the application. No concerns have been raised in relation to the existing width of Argyle Crescent.

 

The provision of drop-off facilities for a different site is outside the scope of the application and does not have sufficient nexus to the development proposal.

Construction vehicles must not be permitted to access the site from Randwick Environmental Park.

 A specific condition has been recommended to this effect.

Detailed investigation should be undertaken prior to the commencement of works to identify potential contaminated areas within the site.

The applicant has submitted a Preliminary Environmental Site Assessment, dated August 2011, prepared by Noel Arnold & Associates. The report indicates that there is potential for the presence of buried demolition waste on the site, including asbestos, due to the history of uncontrolled construction and demolition activities.

 

The application has been referred to Council’s Environmental Health Officer for assessment. Specific conditions have been recommended to require the preparation of a Remediation Action Plan and Site Audit Statement to ensure that the land will be remediated to a level suitable for the intended residential use.

The proposed development will not promote the safety and security of the neighbourhood.

The proposal will improve casual surveillance of Argyle Crescent and Randwick Environmental Park and enhance community safety.

Where the proposal results in view loss impacts on the surrounding dwellings, the development application should not be supported by the Council.

The proposal will not obstruct any significant views from the surrounding dwellings and the public domain.

The proposed dwellings will overshadow one another.

The proposed dwellings will enjoy adequate solar access to the principal living areas and private open space. Refer to the “DCP” section of this report for details.

The development proposal does not provide any housing for people with disabilities.

The relevant planning controls do not stipulate the provision of accessible (disabled) dwelling units in a development. However, a standard condition is recommended to require compliance with the Building Code of Australia.

The proposal does not satisfy the broad aims of the LEP.

The proposal is considered to satisfy the general aims of the LEP and the specific objectives of Zone No. 5.

The site should be rezoned to Residential 2A or 2B prior to the consideration of any development application. The current Special Uses 5 zoning does not stipulate appropriate controls for residential developments.

The RLEP 1998 (Consolidation) contains provisions that regulate developments within the Special Uses Zone, which cover issues relating to compatibility with local character.

 

A merit assessment of the proposal has been undertaken by Council’s planning officer. The development is not considered to result in unreasonable detrimental impacts on the character and amenity of the locality. The proposed dwellings have a form and style that are compatible with the neighbourhood.

 

The rezoning of the site to Residential is not deemed necessary.

 

Council has recently resolved to prepare an amendment to the LEP to rezone the site to 7 Environmental Protection – Natural Heritage Areas. A planning proposal has been submitted to the Department of Planning and Infrastructure for consideration. Refer to the “Site History” section of this report for details.

The site forms a protection barrier and wildlife corridor for the neighbouring Randwick Environmental Park, and hence should be rezoned for open space purposes.

The proposal involves removal of the majority of the existing vegetation from the site. However, suitable replacement planting has been incorporated in the landscape design and will maintain a green ambience to the surrounding areas.

 

A 7-part assessment on the endangered ecological species (ESBS) located in the vicinity to the site has been undertaken. The assessment concludes that the development will not result in detrimental impacts on the ESBS communities. Refer to the “Environmental Assessment” section of this report for details.

 


6.      Technical Officers Comments

 

6.1    Development Engineer and Landscape Development Officer

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

 

Parking comments

In previous memo dated 8th June 2011 Development Engineering noted that as the units resembled individual dwelling houses the parking rate for individual dwellings was the applicable rate which resulted in a significant parking shortfall for the development. The proposed development consists of  eight semi-detached dwellings all consisting of 3 bedrooms hence the DCP requires that each dwelling provide 2 off-street carspaces summing to a total of 16 car spaces for the site.

 

After concerns were expressed on the parking provision amended plans have now been received that indicate that all the dwellings now provide two off-street carspaces. Generally one space is located within a garage and the second space provided immediately in front of the garage on the driveway. It is noted that the driveway grades have been shallowed to 1 in 20 (5%) and spaces lengthened to comply with Australian Standard 2890.1:2004 as requested by Development Engineering.

 

The resulting parking provision and carspace grades are now satisfactory to Development Engineering.

 

Inter allotment drainage comments

The amended  concept drainage plans have addressed the concerns highlighted in previous memo in that the inter-allotment drainage line has been shifted further eastwards and away from the dense ‘thicket’ of Melaleuca armillaris (Bracelet Honey Myrtles) which will now be retained.

 

Landscape & tree comments

While the existing vegetation located in the centre of this currently vacant lot comprises a variety of juvenile Eucalypts and Banksia integrifolia (Coastal Banksia’s), up to a maximum height of around 6 metres, none are significant in anyway that they would pose a constraint to the proposed development, and as they have not been identified as rare or threatened Australian species under the Threatened Species Conservation Act 1995 (NSW), and Environmental Protection and Diversity Conservation Act 1999 (Commonwealth), no objections are raised to their removal in order to accommodate the proposed works as shown.

 

In an e-mail dated 01/06/2011 (attached), Council’s Supervisor of Bushland, Biodiversity & Coastal Walk, Mrs Bettina Digby, confirms her satisfaction with the species shown on the original landscape plan dated 21.04.11, with these plans also demonstrating compliance with the requirements specified in a letter from Council’s Biodiversity Field Officer, Mr Matt Leary, dated 19 April 2011 from (also attached), in regards to both the use and sourcing of native and endemic species, with this component of the landscape scheme deemed appropriate for implementation.

 

Since then, this plan has been amended in order to reflect the architectural changes that have been made to the proposal in terms of building footprints and landscaped areas, with additional canopy trees to supplement the existing Melaleuca’s around the perimeter of the site having been added to the area between the retaining wall and northern and western boundaries, as well as new plantings added along the rear yard/fence, and the finished height of the wall raised slightly in order to achieve a more level, terraced area of private open space, all of which can be supported.

 

Randwick Environmental Park (REP), formally recognised as 6R Argyle Crescent, immediately adjoins both the northern and eastern boundaries of this site, and contains remnant bushland in the form of ESBS and Acacia terminalis, which is listed under the Threatened Species Conservation Act.

 

As has been previously advised by the assessing officer, under Section 5A of the Environmental Planning and Assessment Act, where a development is likely to affect a listed threatened ecological community, a detailed 8-part assessment needs to be undertaken, confirming that no threatened flora or fauna will be affected, and must also nominate appropriate design and planning strategies to ensure it remains unaffected.

 

However, this has not yet been received despite several requests, and is a mandatory and legislative requirement that must be complied with before Council could provide relevant conditions for this component of the application.

 

There are several other aspects of this proposal relating to the management of vegetation on both private and public property that requires careful consideration given the importance they have to the success of the application, and relates directly to the level of amenity that will be afforded to future occupants, the relationship that will exist between the development and the REP, and the ability of the proposal to be integrated into the greater Moverly Green precinct.

 

Critical to the success of this application is the ability to retain (either in full or part) the dense ‘thicket’ of staggered, randomly planted Melaleuca armillaris Bracelet Honey Myrtles) of between 4-6 metres in height, growing along the length of the northern site boundary.

 

While only some of these trees are of a size where they would be afforded protection by Council’s TPO, their importance is as a group, as they perform a visual screen and buffer, which would be of benefit to both future occupants and park users alike in terms of privacy, amenity and separation; and also serves as a habitat source for native fauna, and while this is the only place in Randwick where red-browed and double barred finches are found, there are no legislative requirements to protect this habitat as these species are not classified as threatened at a State or Federal level.

 

Due to a combination of the large quantity of trees in this area and their multi-trunked habits, they have not been able to be individually shown on the plans, so the exact number to be retained or removed cannot be determined, but it is certain that the majority (southern half of the group) will be lost in order to accommodate works associated with the retaining wall, drainage and dwellings, but would have the effect of improving security/passive surveillance for future occupants, which is seen as a legitimate concern as it adjoins a public park.

 

As the ground level slopes gently down to the north, in order to maximise the amount of usable private open space that is available to occupants, each rear yard will be terraced, with a 900mm high block retaining wall to be constructed parallel to the northern boundary, to which a 900mm high timber pailing fence will be fixed, offset a distance of 2.5m for Lot 1 and up to 5m for Lot 4, at an indicative distance off the trees proposed for retention that appears to vary from 500mm to 1500mm.

 

On this basis, it appears that only the most western Honey Myrtles, closest to the existing timber post and rail fence and footpath on the common boundary with the REP will be able to be retained, with the landscape plan showing that this area will be supplemented with additional native understorey plantings that will achieve around 600mm in height. It is anticipated that de-stabilisation or wind-throw of those retained trees should not be an issue as the proposed wall and fence will afford a similar level of protection upon completion.

 

However, in order to confirm the exact location and quantity of trees that will be affected, conditions in this report require that Council be present on site, prior to their physical removal, with the applicant also needing to plot the final location of the wall as this has a direct relationship on their ability to be retained. 

 

The current hydraulic design comprising a 225mm PVC pipe and 600mm x 600mm pits is more sympathetic to the trees than the previous scheme, as it has been shifted further to the south, on the upper side of the wall, which will reduce the amount of harmful excavations and root damage, which appears feasible following discussions with the Development Engineer.

 

Another major environmental issue for this application will be the impact on the continuous row of 20 closely planted Eucalyptus microcorys (Tallowoods), growing within Council’s verge on this side of Argyle Crescent, of between 12-15m in height with canopy spreads of 8-12m, which are all covered by the TPO due to their location on public property, and are about 25yrs in age.

 

There are a total 19 adjacent the length of the southern boundary, which have been numbered and located on the submitted landscape plan, with the most eastern Tallowood (not shown), as well as a stand of three Schinus areira (Peppercorns), growing adjacent the common boundary with 18 Argyle Crescent, and should not be affected given they are sited some 20-25m past the northern site boundary.

 

The size and quantity of these trees in such a small area means they are a dominant and significant feature of the street, and combined with another 14 trees of the same species and slightly smaller dimensions on the other side of Argyle Crescent, have formed co-joined canopies across the full width of the roadway to create a highly sought after avenue effect, which is a visually pleasing and prominent entry statement to this estate.

 

Given the large size this species can attain at maturity, which in ideal conditions would be two or three times their current dimensions, Council concedes that overcrowding exists in this group, which is also an issue throughout the rest of the estate, with several of these trees already displaying signs of stress and suppression as a result of extreme competition for space both above and below ground.

 

The applicant was previously advised to undertake a strategic re-design that would reduce the loss of nine street trees (47% of the group) for the five vehicle crossings, which has been achieved by consolidating the most western lot into a dual occupancy with a common/shared entry, which has eliminated one crossing altogether, and enables a further two street trees (no 7 & 8) to now be retained, meaning a total of seven will be removed, representing 36% of the total group, and is seen as a more acceptable outcome as it will assist with maintaining the integrity of the avenue.

 

Due to their location on public property, the applicant will be required to cover all costs associated with Council removing trees 4 - 5, 10 - 11, 14 - 15 & 18, with those trees to be retained being 1-3, 6-9, 12-13 & 16-17.

 

It was observed on the southern side of Argyle Crescent that vehicle crossings and footpaths constructed from unit pavers had been placed in close proximity to several established Tallowoods, in some cases hard up against their trunks; however, it is likely that these trees were planted after the dwellings and public infrastructure had been installed, with a footpath serving this development not recommended given that further root disturbance would occur, and for the same reasons, the existing road infrastructure should also be remain in-situ.

 

While Council never requested that the developer commission a private Arborists Report for these public trees given the obvious conflict of interest, a detailed written report has been submitted, and as the findings of the exploratory trenching that was conducted will be useful in the assessment, the following comments are made in relation to the construction impacts on these 12 remaining trees.

 

Several trenches were dug by hand, in a north-south direction, along the edge and to the depth of the proposed crossings, extending from the back of the kerb to within the site, past the existing chainwire fence, measuring 250mm in width and 650mm in depth, and while medium levels of fiborous roots were found, no major structural roots were encountered (refer Figures 2-9), with the largest single root being only 60mm in diameter, and seems likely due to the sandy soil which has allowed roots to sink further into the soil profile than normal, and away from any disturbance on the surface.

 

While some components of the works will constitute an encroachment into some of their Tree Protection Zones (TRZ), which is calculated as an area 12 times its trunk diameter in AS4970: Protection of Trees on Development Sites (2009), there will be no incursion into their Structural Root Zones (SRZ), which is the area closest to a tree, and is more critical to its survival than the TPZ.

 

The architectural plans show spot levels within the verge remaining unchanged, with excavations for the crossings not to exceed about 200mm in depth, and while some minor re-grading works (+-200mm) will be required for the internal driveways, these components will not constitute a major threat, with relevant conditions provided.

 

Secondary impacts associated with physical damage from trucks, machinery and similar, as well as compaction of the soil profile during the course of works are legitimate threats, and require the imposition of conditions, including a refundable bond as security for compliance. 

 

Comments:

The applicant has submitted a Vegetation Assessment Report and Council has referred this study to an independent consultant for peer review. The report from Council’s consultant confirms that there is no ESBS within the subject site. However, ESBS is present to the north within Randwick Environmental Park. The proposed development would not result in significant impact upon the existing ESBS, subject to the implementation of appropriate construction management and protection measures. Suitable conditions have been recommended to address the above. Refer to the “Environmental Assessment” section of this report for further details. 

 

6.2    Environmental Health Officer

The comments provided by Council’s Environmental Health Officer are extracted below:

 

Contamination

In relation to contamination Defence have provided advice from Noel Arnold & Associates titled “Proposed Residential Redevelopment Site 4R Argyle Street, Randwick”.

 

The PESA was undertaken in august 2011. The PESA is to assess the potential for soil, groundwater contamination as a result of previous activities.

 

Buried waste including asbestos was identified in previous investigations to the west of the site.

 

Given the nature of the site and previous investigations in surrounding areas a detailed site investigation is recommended, including assessment and validation of land outside the development allotment that require works as part of the development i.e including but not limited to Council land requiring driveways.

 

Air conditioners/Greywater/Rainwater tanks

These items have not been considered on this report and standard conditions should be imposed by the planner if applicable.

 

7.      Master Planning Requirements

 

The site has a land area of less than 10,000m2 and a master plan is not required.

 

8.      Relevant Environmental Planning Instruments

 

8.1    Randwick Local Environmental Plan 1998 (Consolidation)

 

Clause 17 Zone No. 5 (Special Uses Zone)

The subject site is zoned Special Uses No. 5 under the LEP. The proposal involves the construction of 8 semi-detached dwellings. Pursuant to Clause 49 Definitions, “multi-unit housing” means two or more dwellings, whether or not attached. The proposed development falls within the definition of “multi-unit housing” and is listed as a permissible use under Clause 17(3), subject to Council’s consent.

 

The objectives of Zone No. 5 are addressed as follows:

 

(a)    To accommodate development by public authorities on publicly owned land, and

The subject proposal is submitted by Defence Housing Australia on behalf of a Crown authority for the development of residential dwellings on land under their ownership.

 

(b)    To accommodate development for educational, religious, public transport or similar purposes on both publicly and privately owned land, and

The proposal aims to provide residential accommodation on land owned by Defence Housing Australia in proximity to established military bases in metropolitan Sydney. Although the development is not institutional in nature, it is an ancillary use to the defence bases.

 

(c)    To enable associated and ancillary development, and

The development scheme incorporates parking facilities and landscaping that are ancillary to the dwelling units.

 

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

Not applicable to the proposed development.

 

(e)    To allow for the redevelopment of land no longer required for a special use.

The site has been identified by the Minister for Defence Personnel, Material and Science as being required for the provision of residential accommodation for members of the defence force (refer to the “Site History” section of this report for further details).

 

It is considered that the proposed development does not detract from the broad objectives for the Special Uses Zone.

 

Clause 20F Floor space ratios

Clause 20F(5) stipulates a maximum floor space ratio for multi unit housing within Zone No. 5 of 0.5:1. The proposed development has a gross floor area of 1191.5m2 (Type A 146.9 + Type B 148.2 + 6 x Type C 149.4), which equates to an FSR of 0.497:1. Therefore, the proposal complies with the LEP requirement.

 

Clause 21 Subdivision – consent requirements

The proposal seeks approval for Torrens title subdivision into 4 allotments. Detailed discussions on the proposed subdivision pattern are provided under the “Environmental Assessment” section of this report.

 

Clause 22 Services

Clause 22 requires Council to ascertain that adequate water supply, stormwater drainage and sewerage facilities are available to the land prior to the granting of any consent to the carryout out of development. Standard conditions are recommended to ensure appropriate civil services are provided to the site.

 

Clause 37A Development in Special Uses Zone

Clause 37A requires Council to be satisfied that a proposed development in Zone No. 5 is compatible with the character of the locality and will not adversely affect the amenity of the nearby and adjoining development. The proposal is considered to be satisfactory in this regard for the following reasons:

 

·      The proposed subdivision will create allotments with sizes and orientation that are compatible with the existing residential premises in the locality. The configuration and pattern of subdivision have been assessed and are found to be reasonable.

 

·      The proposed built form will constitute semi-detached dwellings with a maximum height of 2 storeys, which is consistent with the predominant character of residential developments in the locality. Adequate open space and landscaping have been incorporated in the design scheme, which will maintain visual amenity of the street and the adjoining Randwick Environmental Park.

 

·      The proposed buildings will not cause any material amenity impacts on the surrounding residences in terms of privacy, overshadowing, view loss and visual bulk and scale.

 

·      Appropriate construction management conditions are recommended to require the implementation of suitable protection measures to minimise potential impacts on the surrounding areas during the construction phase.

 

Refer to the “Environmental Assessment” section of this report for further details.

 

Clause 40 Earthworks

Clause 40 requires Council to consider the likely impact of any earthworks on the existing drainage patterns and soil stability in the locality, and the effects of the works on the likely future use of the land.

 

The proposal requires minor to moderate degree of excavation and backfilling to create levelled platforms for the dwellings. The development scheme has adopted a split-level design to minimise excavation and backfilling. Specific conditions are recommended to ensure that suitable retaining walls and protection measures are implemented during the construction stage. The proposal is not considered to adversely impact on the drainage pattern and use of the land, subject to the recommended construction management and engineering conditions.

 

Clause 42B Contaminated land

Clause 42B contains provisions for the remediation of contaminated land to ensure that such land will be suitable for the purpose for which the development is proposed. The applicant has submitted a Preliminary Environmental Site Assessment, dated August 2011, prepared by Noel Arnold & Associates. The report indicates that there is potential for the presence of buried demolition waste on the site, including asbestos, due to the history of uncontrolled construction and demolition activities. Council’s Environmental Health Officer has reviewed the submitted information and advised that appropriate conditions can be applied to the proposal to ensure that the site is suitable for residential development. These conditions have been incorporated in the “Recommendation” section of this report.

 

Clause 43 Heritage conservation

The site is adjoined by Randwick Environmental Park Conservation Area to the north, south and west. Council’s heritage officer has advised that the proposed development is unlikely to have adverse heritage impacts on any significant built elements within the Conservation Area, due to the degree of spatial separation.

 

As will be discussed in the following sections, the proposal will not result in detrimental impacts on the landscape character and any significant ecological communities within Randwick Environmental Park, subject to conditions.

 

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

SEPP: BASIX applies to the proposed development. An updated BASIX Certificate reflecting the current design scheme has been submitted. The commitments listed in the above certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

8.3    State Environmental Planning Policy No. 19 Bushland in Urban Areas

SEPP No. 19 applies to the proposed development.


The subject site adjoins Randwick Environmental Park, which is zoned No. 7 Environmental Protection – Natural Heritage Areas under RLEP 1998 (Consolidation). The purpose of the zone is to identify, protect and conserve natural heritage areas, to prohibit development that could adversely affect natural heritage values, and to enable public access and passive recreation.

 

Clause 9(2) of the SEPP provides that where a public authority proposes to grant consent in relation to development on land which adjoins bushland zoned or reserved for public open space purposes, the authority shall not grant the approval unless it has taken into account:

 

(c)    the need to retain any bushland on the land,

Comments:

The proposal involves removal of the majority of the existing vegetation in order to allow the construction of the buildings and associated structures.

 

The revised design will retain 12 (out of 19) of the existing Tallowwood trees within the Argyle Crescent nature strip. The retained Tallowwood trees in conjunction with another 14 of the same species on the opposite side of the street, will reasonably maintain the avenue planting theme in Argyle Crescent.

 

The landscape plan shows the retention of the majority of the Bracelet Honey Myrtles located immediately adjacent to the rear boundary and provision of replacement planting. The design will provide an adequate visual backdrop to the adjoining Randwick Environmental Park.

 

Council’s landscape officer and vegetation consultant (Total Earth Care) have reviewed the proposal and raised no objections to the vegetation removal.

 

(d)    the effect of the proposed development on bushland zoned or reserved for public open space purposes and, in particular, on the erosion of soils, the siltation of streams and waterways and the spread of weeds and exotic plants within the bushland, and

Comments:

Suitable erosion control and construction management conditions will be recommended to minimise adverse impacts on the adjoining Randwick Environmental Park.

 

(e)    any other matters which, in the opinion of the approving or consent authority, are relevant to the protection and preservation of bushland zoned or reserved for public open space purposes.

 

Comments:

The areas to the north of the site within Randwick Environmental Park are identified to contain Eastern Suburbs Banksia Scrub. The application has been referred to Council’s vegetation consultant, Total Earth Care, for review. The consultant report includes a 7-part test under Section 5A of the EP&A Act and concludes that:

 

The proposal does not involve any construction works within Randwick Environmental Park. Suitable erosion control and construction management conditions will be recommended to minimise adverse impacts on the natural habitat within the Park.

 

Refer to the “Environmental Assessment” section of this report for further details.

 

8.4    State Environmental Planning Policy No. 55 Remediation of Land

SEPP No. 55 aims to promote the remediation of contaminated land for the purposes of reducing the risk of harm to human health or any other aspect of the environment.

 

The applicant has submitted a Preliminary Environmental Site Assessment, dated August 2011, prepared by Noel Arnold & Associates. The report indicates that there is potential for the presence of buried demolition waste on the site, including asbestos, due to the history of uncontrolled construction and demolition activities.

 

Specific conditions have been recommended to require the preparation of a Remediation Action Plan and Site Audit Statement to ensure that the land will be remediated to a level suitable for the intended residential use.

 

9.      Policy Controls

 

9.1    Randwick Development Control Plan – Dwelling Houses and Attached Dual Occupancies

The proposed land use is technically defined as “multi-unit housing” under the LEP. However, the form of the dwellings resembles individual attached dual occupancies and the DCP – Dwelling Houses and Attached Dual Occupancies is relevant to the consideration of the proposal.

 

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

 

Landscaping

 

Preferred Solution

Assessment

S1

40% of the total site area (958m2) is provided as landscaped area.

Landscaped area provision:

Total: 1355.6m2 (56.6% of whole site)

Lot 1: 371.0m2 (59.6% of lot area)

Lot 2: 253.5m2 (50.1% of lot area)

Lot 3: 345.7m2 (57.1% of lot area)

Lot 4: 385.6m2 (58.2% of lot area)

Complies.

S1

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

A minimum of 25m2 of useable private open space is provided for each dwelling.

S1

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

Complies.

S1

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

The private open space is located behind the building line.

S6

20% of the total site area (479m2) has permeable treatment.

1067.7m2 or 44.6%

Complies.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for the proposed allotments are as follows:

 

Lot 1 (lot area 622m2): 0.5:1

Lot 2 (lot area 506m2): 0.56:1

Lot 3 (lot area 605m2): 0.5:1

Lot 4 (lot area 662m2): 0.5:1

 

Overall FSR for entire development: 0.497:1

 

Lot 1: 0.47:1 (GFA 295.1m2)

Lot 2: 0.59:1 (GFA 298.8m2)

Lot 3: 0.49:1 (GFA 298.8m2)

Lot 4: 0.45:1 (GFA 298.8m2)

 

Refer to comments below.

 

The Objectives and Performance Requirements of the DCP in relation to floor space ratio aim to ensure that developments are not excessive in bulk or scale, are compatible with the existing character of the locality, and will minimise adverse amenity impacts on the neighbouring properties.

The overall FSR for the entire development meets the preferred solution of the DCP. The only deviation relates to the semi-detached dwellings at Lot 2, which the FSR amounts to 0.03:1 (or approximately 15m2 GFA) over the preferred solution. The departure is directly attributed to the skewed configuration of Lot 2, which has more restricted dimensions as compared to the other proposed land parcels.

 

However, as will be discussed in the “Environmental Assessment” section of this report, the proposed built form is considered to be compatible with the character of the locality, and will not result in detrimental amenity impacts on the surrounding areas. The proposed housing density is reasonable and satisfies the requirements of Clause 20F of the LEP.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

Dwelling A (Lot 1):

Max 6.8m above Finished Ground Level (FGL)

Dwelling B (Lot 1):

Max 6.5m above FGL

Dwellings (Lot 2):

Max 6.5m above FGL

Dwellings (Lot 3):

Max 6.5m above FGL

Dwellings (Lot 4):

Max 6.5m above FGL

 

Refer to comments below.

S1

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

Not applicable.

S3

Cut or fill does not exceed 1m.

Based on the submitted information, the proposal will require excavation and backfilling of more than 1m to create levelled floor plates and terraced garden areas. Refer to comments below.

S3

No excavation within 900mm of a side boundary.

Site modification will occur within 900mm of the side boundaries. Refer to comments below.

S3

No excavation within 4m of a rear boundary.

No excavation is proposed within 4m of the north-western (rear) boundary.

S4

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

Complies.

S5

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

Not applicable.

 

The Objective of the DCP is to ensure the height and scale of developments relate to the natural topography with minimal cut and fill. The site generally falls from the north-east to the south-west. There is a steep slope towards the western part of the site. The proposed development requires minor to moderate cut and fill to accommodate levelled floor plates and terraced garden areas.

 

The proposal is considered to be satisfactory in this regard due to the significant changes in site gradient. The development scheme has adopted a split-level design where the buildings are stepped to follow the topography of the land. The design will minimise the visual mass as perceived from Argyle Crescent and Randwick Environmental Park.

 

The terracing of the rear courtyards will provide functional private open space for the dwellings and is a logical response to the landform. The site modification necessitates the construction of a continuous retaining wall parallel to the rear boundary reaching up to approximately 1.4m in height. Notwithstanding, the proposal will retain the majority of the Bracelet Honey Myrtles located closest to the shared boundary with Randwick Environmental Park. It is considered that an adequate level of vegetation buffer will be retained to visually soften the building and retaining wall structures. A condition is recommended to require the aforementioned retaining wall to be constructed with natural stones or similar materials to ensure it is suitably integrated with the landscape design.

 

In addition, specific conditions have been recommended to require adequate soil retention measures to be undertaken during works on the site.

 

Therefore, the proposal is considered satisfactory in this regard, subject to the recommended conditions.

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

Lot 1: 2.1m to 4.1m

Lot 2: 3.2m to 5.3m

Lot 3: 3.3m to 5.4m

Lot 4: 5.7m to 6.9m

 

Refer to comments below.

S2

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

Lot 1: 4.3m to 7.5m

Lot 2: 3.7m to 6.8m

Lot 3: 10.2m to 13.3m

Lot 4: 14.4m to 17.4m

 

Refer to comments below.

S3

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

Complies.

 

S3

Side setbacks be 1.5m at second floor level.

The proposal generally meets the 1.5m preferred solution, with the exception of minor shortfalls (up to 300mm) relating to the southern dwelling of Lot 2, and the northern dwelling of Lot 4.

 

The above deviation is not considered to result in any material impacts on the amenity of the proposed dwellings and the surrounding areas.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

 


Front setbacks

The DCP performance requirement aims at ensuring that front building setback conforms to the adjoining development or the dominant pattern of the street. The proposed front setback is considered to be satisfactory for the following reasons:

 

·      At present, the existing dwellings to the east of the site are primarily situated close to the central parts of the allotments, with garden spaces around the buildings. The above subdivision pattern has resulted in ill defined street alignments and poorly configured private open space, and should not be followed in the current proposal.

·      The development scheme has reserved front setbacks ranging from 2.1m to 6.9m. The setback distances increase towards the northern part of the site due to the skewed configuration of the land parcel. Despite the deviation from the preferred solution, adequate soft landscaping has been incorporated in the front setback areas, which will visually soften the building structures and parking facilities. 

·      The revised design will retain 12 (out of 19) of the existing Tallowwood trees within the Argyle Crescent nature strip. The retained Tallowwood trees in conjunction with another 14 of the same species on the opposite side of the street, will reasonably maintain the avenue planting theme in Argyle Crescent.

·      The proposed front setback will enable the provision of a standard hard stand car space within the driveway for each dwelling and meet the requirements of the Parking DCP.

 

Rear setbacks

The performance requirement aims to allow neighbours adequate solar access, to preserve established trees and vegetation, and to maintain consistency with existing setback pattern.

 

The proposal entails minor deviation from the preferred solution primarily due to the skewed configuration of the site, where the buildings are set at an angle to the rear property boundary. Notwithstanding, the landscape plan shows the retention of the majority of the Bracelet Honey Myrtles near the rear boundary, which will offer visual screening to the buildings. Functional private courtyards will be provided to all of the proposed dwellings. The proposal in fact exceeds the minimum rear setback requirements in Lots 3 and 4 by a significant extent.

 

Therefore, the proposal is considered to be satisfactory in this regard.

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

Refer to comments below.

S1

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

S1

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

S3

Buildings comply with AS 371 and AS 2107.

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

 


Visual and acoustic privacy

The Objective of the DCP is to ensure that new buildings and additions will retain visual and acoustic privacy for the occupants and neighbours. The proposal is considered to be satisfactory in this regard for the following reasons:

 

·      The proposed development is separated from the nearest residential neighbours by Argyle Crescent. The proposed dwellings are not considered to result in any material privacy impacts on the nearby properties.

 

·      In terms of privacy relationship between the proposed dwellings, the principal living room windows of the houses are oriented to the west with secondary windows being provided on the side elevations. Notwithstanding, sightlines from these side windows will be substantially obscured by fences.

 

The proposal has also incorporated adequate separation between bedroom windows of adjoining dwellings. The bedrooms of the proposed dwellings will enjoy appropriate level of privacy.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

Complies.

S1,3

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

Complies.

S2

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

To be required by condition.

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

2 car spaces are provided for each dwelling. 

S1

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

A specific condition is recommended to ensure the car parking facilities comply with the Australian Standard.

S1

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

Complies.

S1

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

Each of the proposed driveways is designed to serve two dwellings and hence is more than 3m in width. Notwithstanding, the driveways are tapered towards the road alignment and are flanked by soft landscaping. The extent of hard paved areas has been minimised and the design is not considered to result in detrimental streetscape impacts.

S1

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

A specific condition has been recommended to ensure the gradient of the driveways complies with the Australian Standard.

S1

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

Not applicable.

S2

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

Not applicable.

S2

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

Complies.

S2

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

The proposal does not meet the preferred solution as each of the proposed driveways has been designed to serve two dwellings and accommodate two hardstand car spaces. Notwithstanding, the driveways are tapered towards the road alignment and are flanked by soft landscaping. The extent of hard paved areas has been minimised and the design is not considered to result in detrimental streetscape impacts.

 

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

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

Complies.

S1

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

Not applicable.

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

Refer to “BASIX”.

S2

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

Complies.

S2,8

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

The proposed dwellings are oriented in an east-west manner and the north-facing windows will be significantly overshadowed between 9am and 3pm in mid winter.

 

Notwithstanding, the west-facing living room windows will receive a minimum of 3 hours of direct sunlight on 21 June.

S9

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

Complies.

S9

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

The proposal will not overshadow any windows of the surrounding residential properties.

S9

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

The proposal will only have minor impacts on the garden areas of the dwelling houses to the east in the afternoon period. It is expected that adequate solar access to the private open space of the surrounding properties will be maintained.

 

9.2    Randwick Development Control Plan - Parking

The Parking DCP stipulates requirements for dwelling houses and multi-unit housing developments. Although the proposed land use is technically classified as “multi-unit housing” under the LEP, the form of the dwellings resemble individual attached dual occupancies. Accordingly, the parking rate for dwelling houses has been applied:

 

2 spaces per dwelling house with 3 or more bedrooms

 

Each proposed dwelling contains 3 bedrooms and is required to provide 2 off-street car spaces. The development scheme includes a single garage and a hardstand car space within the driveway for each dwelling, which satisfies the DCP requirements.

 

The hardstand car space for the southern dwelling within Lot 2 contains a slight shortfall from the dimensional requirements of Australian Standard 2890.1 by approximately 200mm. A specific condition is therefore recommended to require the parking facilities to be compliant with the Australian Standard with details being shown on the construction drawings.

 

9.3    Randwick Section 94A Development Contributions Plan

Under the Section 94A Development Contributions Plan, effective from 2 July 2007, the following monetary levy is required:

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200,000

$2,626,800

 

1.0%

$26,268.00

 

10.    Environmental Assessment

 

10.1  Section 79C 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.

(The planning proposal for the rezoning of the site to Zone No. 7 Environmental Protection – Natural Heritage Areas has not proceeded to a stage where a draft LEP has been prepared and placed on public exhibition.)

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

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

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

Not applicable.

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

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

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 within the body of this report, are discussed below.

 

The proposed development is compatible with the residential land use in the locality. The proposal has incorporated adequate landscape buffer and will not adversely affect the amenity of the adjoining Randwick Environmental Park. Accordingly, the proposal is not considered to result in detrimental social or economic impacts.

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

The site is located within an established residential neighbourhood and has convenient access to the local and regional road network. The site has sufficient area to accommodate the proposed land use and structures. Therefore, the site is considered to be suitable for the proposed development.

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

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

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

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

10.2  Site planning and subdivision

The subject site presents a trapezium shape in plan view. The width of the land parcel gradually tapers towards the southern end. The site generally slopes from the north-east to the south-west with a steep fall towards the western section. Road access is only available to the east via Argyle Crescent. In the light of the physical constraints imposed by the site shape, topography and vehicular access points, the creation of east-west oriented allotments is a logical and appropriate response.

 

The construction of dwellings in east-west allotments is likely to cause successive overshadowing that affects energy efficiency and living amenity. The application initially included 3 pairs of semi-detached dwellings and 2 single dwellings, each of which is located in a separate allotment.

 

At Council’s request, the applicant has submitted a revised scheme that proposes 4 Torrens title allotments, each containing two semi-detached dwellings. The above revision has improved building separation and enabled additional daylight to the side windows of the houses, whist maximising efficiency in site use.

 

The resultant size and frontage width of the allotments will meet the development standards in the LEP, which apply to Residential zones. Although these standards are not technically applicable to the subject development, a comparative analysis is provided below:  

 

Proposal (allotment area / frontage width)

2A subdivision standard

Clause 20B(1):

400m2 / 12m

2B/2C subdivision standard

Clause 20B(2):

325m2 / 9m

2A attached dual occupancy land size standard

Clause 20B(4):

450m2 / 15m

Lot 1

622m2

30.35m

Standards met

Standards met

Standards met

Lot 2

506m2

16.18m

Standards met

Standards met

Standards met

Lot 3

605m2

16.42m

Standards met

Standards met

Standards met

Lot 4

662m2

17.00m

Standards met

Standards met

Standards met

 

The dimensions of the nearby residential properties are summarised in the table below:

 

Property

Approx. land area (m2)

Approx. frontage width (m)

Argyle Crescent

No. 3

282

17.9 (excl. corner splay)

No. 5

320

13.5

No. 7

309

15.8

No. 9

290

20.6

No. 11

351

14.0

Cedar Place

No. 4

323

15.1

No. 6

329

14.7 (excl. corner splay)

Joongah Street

No. 3

364

10.4

No. 5

364

10.4

No. 7

364

10.4

Holmes Street

162

262

6.8

160

339

9.4

156

594

15.9

154

306

8.0

152

305

8.2

 

Based on the above, the proposed allotments generally have a larger land size and longer site frontage than the earlier subdivision in the immediate surroundings.

 

Overall, the proposed subdivision is consistent with the general requirements in the LEP that apply to residential zoned land within Randwick LGA, and would enable residential development that achieves a suitable level of amenity and streetscape outcome.

 

The proposed site planning and disposition of buildings are considered to be satisfactory for the following reasons:

 

·      Each of the proposed dwellings will have direct vehicular and pedestrian access from a public road (i.e. Argyle Crescent). Each pair of semi-detached dwellings will share a double driveway, which will minimise the number of crossings and removal of Tallowwood trees within Council’s nature strip.

 

·      The proposal has reserved adequate front setbacks that enable the provision of a standard hardstand car space within the driveway areas for each dwelling, as well as soft landscaping adjacent to the street alignment.

 

·      The building footprints and locations allow deep soil planting to be provided along the rear section of the site and retention of the Bracelet Honey Myrtles adjacent to Randwick Environmental Park.

 

·      A suitable level of internal amenity and environmental performance for the proposed dwellings will be achieved.

 

·      The proposed site planning will clearly define the street alignment, enable good casual surveillance, and provide suitably configured private open space to the rear of the dwellings.

 

10.3  Built form

The proposed built form and scale are considered to be satisfactory for the following reasons:

 

·      The proposed dwellings are presented in a stepped form that follows the natural fall and contours of the land. The buildings are limited to 2 storeys with wall heights not exceeding 7m as measured from the finished ground levels. The scale and massing are consistent with the surrounding residential developments and the type of built forms envisaged in the Dwelling Houses and Attached Dual Occupancies DCP. Generous building separation ranging from 3.0m to 8.2m has been reserved to provide visual relief and avoid continuous street walls. The design scheme is considered to respect the site topography and will not result in adverse visual impacts on the surrounding areas.

 

·      The design adopts a contemporary architectural style with low profile roofing that minimises the overall building mass. The facades are suitably articulated with staggered wall planes and a combination of fenestration patterns and materials. 

 

·      The height of the buildings will remain below the canopy of the retained Tallowwood trees within Argyle Crescent. The development will not adversely affect the skyline and backdrop of the eastern portion of Randwick Environmental Park.

 

·      The garages are well integrated with the architecture of the buildings and will not dominate the streetscape.

 

Front and rear elevations of the proposed development

 

10.4  Landscape

The proposed landscape design is considered to be satisfactory for the following reasons:

 

·      The revised design will retain 12 (out of 19) of the existing Tallowwood trees within the Argyle Crescent nature strip. The retained Tallowwood trees in conjunction with another 14 of the same species on the opposite side of the street, will reasonably maintain the avenue planting theme in Argyle Crescent.

 

·      The landscape plan shows the retention of the majority of the Bracelet Honey Myrtles located immediately adjacent to the rear boundary. Additional feature trees and ground covers will also be planted near the rear boundary. The development will achieve a suitable landscape buffer at the interface with Randwick Environmental Park, and will contribute to the screening and visual softening of the proposed building structures.

 

·      The landscape plans show the planting of shrubbery adjacent to the double driveways, which will minimise the visual dominance of the hard paved areas.

 

·      The development scheme has terraced the rear courtyards to minimise the amount of backfilling. Due to the steep site gradient, the proposal requires the construction of a continuous retaining wall parallel to the rear boundary reaching up to approximately 1.4m in height. Notwithstanding, the retaining walls will incorporate planter boxes, which in conjunction with the retained vegetation, will achieve an adequate level of landscape buffer. A condition is also recommended to require the aforementioned retaining wall to be constructed with natural stones or similar materials to ensure it is suitably integrated with the landscape design.

 

·      The proposed development has reserved generous deep soil landscaped areas amounting to 1067.7m2 or 44.6% of the site.

 

10.5  Solar access and energy efficiency

·      The proposed dwellings are oriented in an east-west manner and the north-facing windows will be significantly overshadowed between 9am and 3pm in mid winter.

 

Notwithstanding, the west-facing living room windows will receive a minimum of 3 hours of direct sunlight on 21 June.

 

The revised design has maintained generous separation between buildings (reaching up to 7.0m-8.2m). The awnings over the side courtyards will be constructed with translucent materials. The above measures will maximise daylight access to the side windows of the dwellings.

 

·      As discussed in the “DCP” section of this report, the proposal will not cast significant shadows on the surrounding residential developments in mid winter.

 

·      Skylights will be installed over all internalised bathroom areas to maximise natural lighting.

 

·      The proposal achieves compliance with the BASIX requirements.

 

10.6  Endangered ecological communities

The site is located directly adjacent to Randwick Environmental Park, which contains a significant area of bushland and an ephemeral wetland. The bushland contains the endangered ecological community, Eastern Suburbs Banksia Scrub.

 

Eastern Suburbs Banksia Scrub (ESBS) is listed in Part 3, Schedule 1 of the NSW Threatened Species Conservation Act 1995 and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 as an endangered ecological community.

 

According to the maps of the Eastern Suburbs Banksia Scrub Endangered Ecological Community Recovery Plan, dated February 2004, prepared by Natural Heritage Trust and Department of Environment and Conservation, the subject site is not identified to contain ESBS. However, ESBS would be present to the north of the site within Randwick Environmental Park.

 

The applicant has submitted a Vegetation Assessment Report (VAR), dated October 2011, prepared by Kevin Mills & Associates, which provides the following information (page 3):

 

 

Council’s landscape officer has inspected the site and has not identified any endangered or significant flora species.

 

The above VAR, however, has not confirmed the presence of any ESBS beyond the subject site boundaries, and has not assessed the potential impacts of the development on any endangered ecological community within the adjoining Randwick Environmental Park.

 

Council has therefore engaged an independent consultant, Total Earth Care, to undertake peer review of the submitted VAR. The consultant has conducted site assessment and review of the application documents against relevant legislation and policies. A Review of Vegetation Assessment Report by Total Earth Care was submitted to Council in November 2011. The consultant report includes a critique against the limited scope of the applicant’s VAR, which focused on the subject development site without investigating the implications on the adjacent Randwick Environmental Park.

 

The report concludes that the proposal will have no significant impact on the identified ESBS adjacent to the site, and a Species Impact Statement will not be required. 

 

The report has also included a 7-part test under Section 5A of the Environmental Planning and Assessment Act due to the identified presence of ESBS adjacent to the development area. The provisions of Section 5A of the EP&A Act are addressed as follows: 

 

Seven Factor Test (Section 5A of EP&A Act)

(a) in the case of a threatened species, whether the action proposed is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction,

 

Officer’s comments:

According to the Definition of the Threatened Species Conservation (TSC) Act, “threatened species” means a species specified in Part 1 or 4 of Schedule 1, Part 1 of Schedule 1A or Part 1 of Schedule 2 of the Act.

 

ESBS is not listed in the above sections and hence is not a threatened species as such.

 

(b) in the case of an endangered population, whether the action proposed is likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable local population of the species is likely to be placed at risk of extinction,

 

Officer’s comments:

According to the Definition of the TSC Act, “endangered population” means a population specified in Part 2 of Schedule 1.

 

ESBS is not listed in the above section and hence is not an endangered population as such.

 

(c) in the case of an endangered ecological community or critically endangered ecological community, whether the action proposed:

 

(i) is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or

 

(ii) is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction,

 

 

 

Total Earth Care comments:

Officer’s comments:

·      There is no proposed clearing or construction works within the identified ESBS community outside of the subject site.

·      Standard conditions have been recommended to require adequate soil retention and erosion control measures to be implemented during the construction phase.

·      The proposed development, when completed, is unlikely to cause significant overland flow towards areas to the north where the ESBS is situated, given the landform of the site.

·      The landscape plan shows the provision of appropriate replacement planting, which will minimise overland flow and potential impact on the ESBS community.

(d) in relation to the habitat of a threatened species, population or ecological community:

 

(i) the extent to which habitat is likely to be removed or modified as a result of the action proposed, and

 

(ii) whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed action, and

 

(iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species, population or ecological community in the locality,

Total Earth Care comments:

 

 

Officer’s comments:

The proposal does not involve construction works or clearing of the remnant ESBS community, which is located at least 20m to the north of the site. The proposal would not result in further fragmentation or isolation of the local ESBS.

(e) whether the action proposed is likely to have an adverse effect on critical habitat (either directly or indirectly),

Total Earth Care comments:

 

 

Officer’s comments:

The proposal does not involve removal or modification of the ESBS within Randwick Environmental Park.

(f) whether the action proposed is consistent with the objectives or actions of a recovery plan or threat abatement plan,

Total Earth Care comments:

 

 

 

Officer’s comments:

The proposal does not involve removal or modification of the local ESBS, and is not inconsistent with the “ESBS Endangered Ecological Community Recovery Plan”.

 

(g) whether the action proposed constitutes or is part of a key threatening process or is likely to result in the operation of, or increase the impact of, a key threatening process.


 

Total Earth Care comments:

 

 

Officer’s comments:

The proposed development does not involve any key threatening processes.

 

The site survey conducted as part of the Total Earth Care study did not identify any suitable habitat for Acacia terminalis subsp. Terminalis* on the subject site. However, suitable potential habitat for this species occurs in areas immediately to the north of the site within Randwick Environmental Park. Although the field survey did not identify any such species within the Park, the technical limitations of the exercise mean that the species may still occur within the Park. However, the subject site has been surveyed with greater effort and there is high confidence that Acacia terminalis subsp. Terminalis does not occur there. Appropriate conditions have been recommended to ensure proper discharge of surface runoff during the construction phase. Suitable construction management conditions would ensure that the potential habitat for Acacia terminalis subsp. Terminalis would not be significantly affected. 

 

* NOTE: According to the Office of Environment and Heritage web site: the Scientific Committee established by the Threatened Species Conservation Act has made a Final Determination to list the Wattle Acacia terminalis (Salisb.) J.F. Macbr. subsp. terminalis as an ENDANGERED SPECIES on Schedule 1 Part 1 of the Threatened Species Conservation Act. Listing of endangered species is provided for by Section 10 of the Act. At the time of preparing this report, the Act has not been revised to incorporate the subject species in Schedule 1. 

 

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is relevant to the consideration of the subject proposal. The EPBC Act is a Commonwealth legislation aiming at protecting and managing nationally and internationally important flora, fauna, ecological communities and heritage places.

 

No ESBS will be removed as part of the development proposal. Subject to the recommended construction management and protection measures contained in the draft conditions, the proposal is unlikely to have an adverse impact upon the nearby ESBS. Accordingly, no Species Impact Statement or referral to the NSW Office of Environment and Heritage is required.  No further consideration of the EPBC Act is required.

 

The consultant report provides the following conclusion:

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Leadership in sustainability, excellence in urban design and development.

Direction:  Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

The subdivision pattern, site planning, built form and open space provision have been assessed to be reasonable and would not detract from the character of the locality. The revised design has minimised the removal of Tallowwood trees within the Argyle Crescent nature strip and has incorporated suitable shrubbery along the site frontage. The development would achieve a satisfactory streetscape outcome.

 

The development scheme will not result in unreasonable impacts upon the amenity of the surrounding residences in terms of visual bulk and scale, view loss, solar access and privacy.

 

Specific conditions have been recommended to ensure appropriate retention of the Bracelet Honey Myrtles along the rear boundary of the site and to provide suitable replacement planting. The development is not considered to create detrimental impacts on the visual amenity and heritage significance of Randwick Environmental Park.

 

The proposal is not considered to result in any adverse impacts upon the Eastern Suburbs Banksia Scrub located within Randwick Environmental Park.

 

Therefore, the proposal is recommended for approval subject to conditions.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 315/2011 for construction of 8 semi-detached dwellings with associated garages, landscaping, fencing, retaining walls and associated works, and Torrens title subdivision into 4 allotments, at No. 4R Argyle Crescent, Randwick, subject to the following conditions:

 

General Conditions

 

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

 

Plan

Prepared By

Dated

Received

DA/02(F) Site Context Plan

DKO Architecture Pty. Ltd.

15.09.11

19 Sep 2011

DA/03(J)

Ground Floor Site Plan

15.09.11

19 Sep 2011

DA/04(J)

First Floor Site Plan

15.09.11

19 Sep 2011

DA/05(J)

Roof Site Plan

15.09.11

19 Sep 2011

DA/10(J)

Front + Rear Elevations

15.09.11

19 Sep 2011

DA/11(C)

Finishes

21.04.11

19 Sep 2011

DA/13(B)

Subdivision Plan

15.09.11

19 Sep 2011

DA lot 1/00(F)

Site Plan A

09.09.11

19 Sep 2011

DA lot 1/01(F)

Type A Plans

15.09.11

19 Sep 2011

DA lot 1/02(F)

Type A Roof Plan

15.09.11

19 Sep 2011

DA lot 1/03(F)

Type A Elevations – SE + NW

15.09.11

19 Sep 2011

DA lot 1/04(F)

Type A Elevations – SW

15.09.11

19 Sep 2011

DA lot 1/05(F)

Type A Sections AA & BB

15.09.11

19 Sep 2011

DA lot 1/00(F)

Site Plan B

09.09.11

19 Sep 2011

DA lot 1/01(F)

Type B Plans

15.09.11

19 Sep 2011

DA lot 1/02(F)

Type B Roof Plan

15.09.11

19 Sep 2011

DA lot 1/03(F)

Type B Elevations – SE + NW

15.09.11

19 Sep 2011

DA lot 1/04(F)

Type B Elevations - NE

15.09.11

19 Sep 2011

DA lot 1/05(F)

Type B Sections AA & BB

15.09.11

19 Sep 2011

DA lot 2/00(F)

Site Plan

09.09.11

19 Sep 2011

DA lot 2/01(F)

Type C Plans

15.09.11

19 Sep 2011

DA lot 2/02(F)

Type C Roof Plan

15.09.11

19 Sep 2011

DA lot 2/03(F)

Elevations – Street & Rear

15.09.11

19 Sep 2011

DA lot 2/04(F)

Elevations – Side 1 & 2

15.09.11

19 Sep 2011

DA lot 2/05(F)

Sections AA & BB

15.09.11

19 Sep 2011

DA lot 3/00(F)

Site Plan

09.09.11

19 Sep 2011

DA lot 3/01(F)

Type C Plans

15.09.11

19 Sep 2011

DA lot 3/02(F)

Type C Roof Plan

15.09.11

19 Sep 2011

DA lot 3/03(F)

Elevations – Street & Rear

15.09.11

19 Sep 2011

DA lot 3/04(F)

Elevations – Side 1 & 2

15.09.11

19 Sep 2011

DA lot 3/05(F)

Sections AA & BB

15.09.11

19 Sep 2011

DA lot 4/00(F)

Site Plan

09.09.11

19 Sep 2011

DA lot 4/01(F)

Type C Plans

15.09.11

19 Sep 2011

DA lot 4/02(F)

Type C Roof Plan

15.09.11

19 Sep 2011

DA lot 4/03(F)

Elevations – Street & Rear

15.09.11

19 Sep 2011

DA lot 4/04(F)

Elevations – Side 1 & 2

15.09.11

19 Sep 2011

DA lot 4/05(F)

Sections AA and BB

15.09.11

19 Sep 2011

 

BASIX Cert. No.

Project Name

Dated

Received

365055M_02

dko003_02

13 September 2011

19 September 2011

 

2.       The colours, materials and finishes of the external surfaces to the buildings are to be consistent with the approved drawings.

 

3.       The design and construction of all parking facilities, including the garages and hardstand car spaces within the driveways, are to be compliant with the requirements of Australian Standard 2890.1: 2004 (or more updated version). Details demonstrating compliance are to be incorporated in the construction drawings to the satisfaction of the relevant approval body.

 

4.       The existing timber-framed metal wiring fence along the north-western (rear) boundary of the site, which is adjacent to the footpaths of Randwick Environmental Park, shall be maintained. Details demonstrating compliance are to be shown on the construction drawings. 

 

In addition, appropriate repair works to the fence shall be undertaken where damage occurs during the construction phase.

 

 

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $2,626,800, the following applicable monetary levy must be paid to Council: $26,268.00.

       

The levy must be paid in cash, bank cheque or by credit card prior to the commencement of any works on the site. 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.

 

BASIX Requirements

6.       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 drawings, specifications and associated documentation, to the satisfaction of the relevant approval body.

 

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 the commencement of works on the site.

 

Smoke alarms

7.       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 drawings.

 

The following conditions are applied to maintain reasonable levels of environmental health, safety and amenity:

8.       A Detailed Site Contamination Investigation Report must be submitted to the satisfaction of Council’s Director of City Planning prior to commencing any remediation works for the development.  The detailed investigation must be undertaken by an independent appropriately qualified environmental consultant and provide information on land and ground water contamination and also migration in relation to past and current activities and uses that may have occurred on the site.

 

The detailed investigation shall include an assessment of all land within the subject site, as well as Council’s land that will be occupied by development works, including but not be limited to proposed driveway areas over the nature strip within Argyle Crescent.

 

The report is to be prepared in accordance with Council’s Contaminated Land Policy 1999 and relevant Guidelines made or approved by the NSW Department of Environment & Climate Change (formerly EPA), including the Guidelines for Consultants Reporting on Contaminated Sites and the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999.  Also, as detailed in the Planning Guidelines to SEPP 55 – Remediation of Land, the report is to assess the nature, extent and degree of contamination upon the land.

 

1)     Should the Detailed Site Investigation Report demonstrate that the land and groundwater is not contaminated, the conclusion to the report must clearly state that ‘the land is suitable for its intended land use, posing no immediate or long term risk to public health or the environment and is fit for occupation by persons, together with clear justification for the statement.  The report must demonstrate that any site contamination satisfies the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure 1999 and it is not necessary to carry out any remediation work.

 

        The written concurrence of Council must be obtained prior to commencing any construction works for the development.

 

2)     Should the Detailed Site Investigation Report identify that the land is contaminated and the land requires remedial works to meet the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999, the following matters must be complied with:-

 

a)     A Remediation Action Plan (RAP) is required to be submitted to the satisfaction of Council prior to commencing any remediation works.  The RAP is also required to be reviewed by an independent NSW Department of Environment & Climate Change (DECC) Accredited Site Auditor and a written statement is to be provided to the Council with the RAP from the Site Auditor, which confirms that the Remediation Action Plan satisfies the relevant legislative guidelines and requirements and that the land is able to be remediated to the required level and will be suitable for the intended development and use.

 

b)     The RAP is to be prepared in accordance with the relevant Guidelines made or approved by NSW Department of Environment & Climate Change (DECC), including the Guidelines for Consultants Reporting on Contaminated Sites.

 

        This RAP is to include procedures for the following:

 

·           Excavation, removal and disposal of contaminated soil,

·           Validation sampling and analysis,

·           Prevention of cross contamination and migration or release of contaminants into areas including but not limited to neighbouring wetland areas and residences,

·           Site management planning,

·           Ground water remediation, dewatering, drainage, monitoring and validation,

·           Unexpected finds.

 

c)     A NSW Department of Environment & Climate Change Accredited Site Auditor, accredited under the Contaminated Land Management Act 1997, must be appointed to assess the suitability of the site for its intended development and use. 

 

d)     The land, including Council’s land that will be occupied by development works, must be remediated to the satisfaction of the Accredited Site Auditor and a Site Audit Statement and Summary Site Audit Report must be submitted to Council which verifies that the land has been remediated and the site is suitable for the intended development and satisfies the relevant criteria in the NEPM 1999.

 

Any requirements contained within an Environmental Management Plan (EMP) which forms part of the Site Audit Statement and Site Audit Report, form part of this consent and must be implemented accordingly.  Council is required to be consulted with prior to the development of the EMP and any comments made by Council are required to be taken into consideration prior to finalising the EMP.

 

e)     A Site Audit Statement (SAS) and Site Audit Report must be submitted to Council, prior to commencing any construction works (other than shoring work, piling work, retaining structures or other work which is necessary to carry out the remediation works). 

 

f)      Remediation works are to be carried out in accordance with the requirements of the Contaminated Land Management Act 1997, environmental planning instruments applying to the site, guidelines made by the NSW EPA/DECC and Department of Planning, Randwick City Council’s Contaminated Land Policy 1999 and the Protection of the Environment Operations Act 1997.

 

g)     Should the approved remediation strategy including the ‘capping’ or ‘containment’ of any contaminated land, details are to be included in the Site Audit Statement (SAS) and Environmental Management Plan (EMP) to the satisfaction of the Site Auditor.

 

Details of the SAS and EMP (including capping and containment of contaminated land) are also required to be included on the Certificate of Title for the subject land under the provisions of section 88 of the Conveyancing Act 1919.      

 

h)     A Site Remediation Management Plan must be prepared prior to the commencement of remediation works by a suitably qualified environmental consultant and be implemented throughout remediation works. The Site Remediation Management Plan shall include measures to address the following matters:

·           general site management, site security, barriers, traffic management and signage

·           hazard identification and control

·           worker health & safety, work zones and decontamination procedures

·           cross contamination

·           site drainage and dewatering

·           air and water quality monitoring

·           disposal of hazardous wastes

·           contingency plans and incident reporting, and

·           details of provisions for monitoring implementation of remediation works including details of the person/consultant responsible.

 

A copy of the Remediation Site Management Plan is to be forwarded to Council prior to commencing remediation works.

 

i)      Any fill importation to the site is to be monitored and classified by the Site Auditor appointed for remediation of the site or a person with his qualifications. Only ‘Virgin Excavated Natural Material’ (VENM) is to be imported to the site, as detailed in the NSW DECC Waste Classification Guidelines (2008).

 

j)      Hazardous or intractable wastes arising from the demolition, excavation and remediation process being removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of:

 

·       New South Wales Occupational Health and Safety Act, 2000;

·       The Occupational Health and Safety (Hazardous Substances) Regulation 2001;

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

·       Protection Of the Environment Operations Act 1997 (NSW) and

·       NSW DECC Waste Classification Guidelines (2008).

 

k)     The works must not cause any environmental pollution, public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

l)      Any new information which is identified during remediation, demolition or construction works that has the potential to alter previous conclusions about site contamination or the remediation strategy shall be notified to the Site Auditor and Council immediately in writing.

 

The written concurrence of the Site Auditor and Council must be obtained prior to implementing any changes to the remediation action plan or strategies.

 

9.       The Site Audit Statement must, where no guideline made or approved under the NSW Contaminated Land Management Act is available (as with asbestos), clearly state the source of the standard adopted in determining the suitability of the land for the intended development and use and must also demonstrate its suitability to Council.

 

In relation to any asbestos contamination, a comprehensive remediation strategy and remedial action plan must be developed, to the satisfaction of the Site Auditor and NSW Department of Health or other suitably qualified and experienced specialist to the satisfaction of the Site Auditor. 

 

The remediation strategy and remedial action plan must demonstrate that the land will be remediated in accordance with relevant guidelines (if any) and to a level or standard where no unacceptable health risk remains from asbestos exposure, which shall be verified upon completion of the remediation works to the satisfaction of the Site Auditor.

 

The following conditions are applied to minimise potential impacts on the endangered ecological species and native fauna in the surrounding areas:

10.     The Banksia serrata (Old Man Banksia) trees are to be deleted from the approved Landscape Plan. They are to be replaced with other feature trees of similar mature height and spread as identified in the Plant Schedule of the approved Landscape Plan.

 

11.     All Isolepis nodosa (Nobby Club Rush) and Lomandra longifolia (Mat Rush) plant species, which are listed in the Plant Schedule of the approved Landscape Plan, are to be sourced from the Randwick City Council Community Nursery.

 

Where Council’s Nursery cannot provide any of the above species, the Nursery staff (ph. 9399 0683) is to be consulted in relation to alternative suppliers or other alternative plant species.

 

Advisory: Council’s Nursery generally stocks local provenance plants for the above species. Planting local provenance plants removes the threat of contaminating local native gene pools, and ensures the longevity of indigenous plant populations.

 

12.     The weeds (including Eragrostis curvula African Love Grass, Chrysanthemoides monilifera Bitou Bush, and Anredera cordifolia Madiera Vine) on the subject site are to be thoroughly eradicated at a suitable stage during the construction phase in order to minimise threats to the native vegetation in Randwick Environmental Park. An appropriately qualified Arborist is to be engaged to ensure the weeds have been satisfactorily removed. A letter from the Arborist certifying that all weeds have been eradicated from the site, must be submitted to the satisfaction of the relevant certifying body prior to occupation of the development.

 

13.     Appropriate measure/s is to be implemented to exclude the passage of native fauna through the construction site to minimise opportunities for the fauna to shelter in machinery or materials stockpiles. This shall include the attachment of shade cloth or the like to the site fencing up to a minimum of 750mm above ground, with the shade cloth or similar materials extending to a minimum of 250mm into the soil.

 

Compliance with the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000

14.     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.

 

15.     All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

16.     Prior to the commencement of any building works, a suitably qualified person (i.e. relevant approval body) must be appointed for the development to monitor compliance with the relevant standards of construction, Council’s development consent and the approved construction plans.

 

The critical stages of construction are to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the relevant approval body, 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 critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council upon finalisation of the development.

 

17.     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 commencement of work, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

 

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

 

The following group of conditions are applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

18.     Documentary evidence prepared by a suitably qualified professional geotechnical engineer shall be obtained prior to commencement of work, certifying the suitability and stability of the site for the proposed building and certifying the suitability and adequacy of the proposed design and construction of the building for the site.

 

A copy of the engineer’s report is to be submitted to the Council.

 

19.     A report shall be obtained from a professional engineer prior to commencement of work, 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 drawings.

 

A copy of the engineer’s report is to be submitted to the Council.

 

20.     Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is obtained, prior to commencement of work, 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 drawings.

 

A copy of the engineer’s report is to be submitted to the Council.

 

21.     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 or public land.

 

22.     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 relevant approval body prior to commencing such excavations or works.

 

23.     A Construction Site Management Plan is to be prepared by a suitably qualified person (and a copy is to be forwarded to Council) 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 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.

 

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.

 

The following condition is applied to provide access and facilities for people with disabilities:

24.     Access, facilities and car parking for people with disabilities, where applicable, must be provided to and within the buildings in accordance with the relevant provisions of the Building Code of Australia. Relevant details are to be included in the plans / specifications.

 

Engineering Conditions

 

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

 

Security Deposit

25.     The following damage / civil works security deposit requirement must be complied with prior to the commencement of works, 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 completion of the civil works.

 

Sydney Water Requirements

26.     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 relevant approval body prior to commencement of any works.

 

27.     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 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 relevant certifying body must ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before commencing works.

 

Public Utilities

28.     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 relevant certifying body prior to the commencement of any demolition, excavation or building 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.

 

Design Alignment levels

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

 

·       Graded between 1.5% and 2.5% above the top of the kerb at all points opposite the kerb, along the full site frontage.

 

The design alignment levels at the property boundary as issued by Council and their relationship to the kerb must be indicated on the building plans. 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 0881.

 

30.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $3517 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to commencement of building works.

 

31.     The gradient of the internal access driveways 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).

 

32.     The written approval of Council is required to be obtained in relation to all drainage and infrastructure works which are located externally from the site within the reserve/public place. Detailed plans and specifications of the proposed works are to be submitted to and approved by the Director of City Services prior to commencing any works within the reserve/public place.

 

All works within the reserve/public place must be carried out to the satisfaction of Council and certification from a professional engineer is to be provided to Council upon completion of the works.

 

Relevant Council Assessment and Inspection fees, as specified in Council's adopted Pricing Policy, are required to be paid to Council prior to commencement of the works.

 

33.     The dwelling’s stormwater drainage systems and interallotment drainage line are to be provided in general accordance with the ‘Stormwater Site Layout Plan’ by Michael Ell Consulting Engineers and stamped by Council 19th September 2011 and the following council requirements;

 

a)     The stormwater drainage systems 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 relevant certifying body.

 

b)     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) away from any dwellings.

 

c)     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).

         

Landscaping & Environmental amenity:

34.     Landscaping is to be provided to the site in accordance with the Landscape Plan by JMD Design, dwg no. L01, job no. 1012124, issue B dated 24.10.11, and stamp-received by Council on 27 October 2011, subject to the following amendments and requirements being provided to Council:

 

a.       The retaining walls running parallel to the north-western boundary are to be constructed with natural stone (e.g. sandstone blocks) or similar materials. A sample board / schedule (may consist of coloured photographs of the selected materials) must be submitted to, and be approved in writing by, Council’s Director of City Planning prior to the commencement of any works on the site.

 

b.       Where Melaleuca armillaris (Bracelet Honey Myrtle), Isolepis nodosa (Knobby Club Rush) or Lomandra longifolia (Mat Rush) are proposed for use in site landscaping, the applicant will be required to provide written confirmation that they have been sourced through Council’s Community Nursery, in order to avoid contaminating local provenance stock that exists within Randwick Environmental Park (REP).

 

c.       Should more of the existing Melaleuca armillaris (Bracelet Honey Myrtles) growing along the length of the north-western boundary need to be removed than what is currently anticipated for the proposed works, the applicant will be required to amend the landscape plan to include additional replacement trees, of the same or similar species and dimensions so as to maintain the visual buffer that this group currently provides.

 

Removal of street trees

35.     The applicant must submit a payment of $10,970.00 (inc GST) (including GST) to cover all costs associated with Council removing a total of seven (7) Eucalyptus microcorys (Tallowoods) from Council’s Argyle Crescent verge, being from south to north, trees 4, 5, 10, 11, 14, 15 & 18 (as shown on the Landscape Plan), so as to accommodate the proposed vehicle crossings as shown, and has also included a loss of amenity fee in recognition that these established public trees will be lost only to facilitate the development of private property, with replacements not possible in the same area due to a lack of available space, so will be used towards new plantings in surrounding streets.

 

This contribution shall be paid into Tree Amenity Income at the Cashier on the Ground Floor of the Administrative Centre, prior to the commencement of any site works.

 

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

 

Pruning of Council street trees

36.     Should any of Council’s 12 Tallowoods that are being retained require pruning, either for clearance reasons or to avoid damage to the trees during the course of works, the applicant will be required to liaise with Council’s Landscape Development Officer (9399-0613) on-site, in order to determine the exact extent and location of pruning that is permissible.

 

37.     If permission is granted, any pruning can only be performed by Council or its authorized contractors, with the applicant needing to give 6 working weeks notice to arrange for the pruning to be undertaken, prior to the commencement of any site works.

 

38.     The applicant must cover all costs for the pruning of street trees (calculated at $95 + GST, per tree), with the total amount needing to be paid into Tree Amenity Income at the Cashier on the Ground Floor of the Administrative Centre, prior to the completion of site works.

 

Pruning of trees within the site

39.     Permission is also granted for the selective pruning of those branches from the south-eastern aspects of the Melaleuca armillaris (Bracelet Honey Myrtles) which are being retained along the north-western site boundary, only where needed in order to accommodate works associated with the retaining wall and fence as shown.

 

40.     All pruning must be undertaken by an Arborist who holds a minimum of AQF Level V in Arboriculture, and to the requirements of Australian Standard AS 4373-2007 'Pruning of Amenity Trees,’ and NSW Work Cover Code of Practice for the Amenity Tree Industry (1998).

 

Protection of Council street trees

41.     In order to ensure retention of the twelve Eucalyptus microcorys (Tallowoods) located on Council’s Argyle Crescent verge, being from south to north, trees 1-3, 6-9, 12-13, 16-17 & 19 (as shown on the Landscape Plan) in good health, the following measures are to be undertaken:

 

a.  All documentation must show the retention of these street trees, with the position and diameter of both their trunks and canopies to be clearly and accurately shown on all drawings, together with their tree numbers, as is shown on the Landscape Plan.

 

b.  Prior to the commencement of any site works, the applicant must engage a professional Arborist who holds a minimum of AQF Level 5 in Arboriculture, for the purpose of establishing, monitoring and implementing Tree Protection Zones or Tree Protection Measures as necessary, as well as performing or supervising any works that may have an impact on those trees listed for retention, with all site staff to comply with the instruction given by the ‘site Arborist’.

 

c.  All initial excavations required for any works within the TPZ’s of each of these trees, refer Appendix 2 – Tree Assessment Schedule in the Arboricultural Impact Assessment Report & Tree Protection Specification by Integrated Vegetation Management, revision A, dated 4 April 2011 (the Arborists Report) must be dug by hand, only by the site Arborist, measuring a minimum of 200mm in width and 400mm in depth, and being mindful not to damage any roots encountered during this process.

 

d.  Prior to installing or constructing works or structures in the zones specified above, Council’s Landscape Development Officer (9399-0613) must be contacted to inspect the trenches and any roots.

 

e.  Where permission is granted for the pruning of roots due to their direct conflict with the proposed works, they must firstly be marked with spray paint or similar, and then cut cleanly by hand, only by the site Arborist, with the affected area backfilled with clean site soil as soon as practically possible. Those roots having a diameter of 75mm or more are to be retained, and any works designed or placed around them to ensure their preservation.

 

f.   Where new services, pipes, stormwater systems or similar need to be installed over public property, they must be located against either the edges of the vehicle crossings; or, an equal distance between the trunks.

 

g.  A porous/permeable treatment shall be used for those areas of hard surfacing proposed within the front yards, such as driveways, hardstands and pathways.

 

h.  Prior to the commencement of any site works, the trunks of those trees adjacent each of the four crossings, being trees 3, 6, 9, 12 & 17, are to be physically protected by geo-textile, underfelt or layers of Hessian, to a height of 2m above ground level, to which, 2m lengths of 50mm x 100mm hardwood timbers, spaced at 150mm centres shall be placed around the diameter of its trunk, and are to be secured by 8 gauge wires or steel strapping at 300mm spacings. NO NAILING TO THE TRUNK.

 

i.   All retained trees, being 1-3, 6-9, 12-13, 16-17 & 19, must also be physically protected, either in groups or individually as appropriate, by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 1 metre/one fence panel to their west, north and east (measured off the outside edge of their trunks at ground level), matching up with the back of the kerb to their south, in order to completely enclose these trees for the duration of works.

 

j.   This fencing shall be installed prior to the commencement of demolition and construction works, and shall remain in place until all works are completed, to which signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT REMOVE/ENTER".

 

k.  Following removal of the other street trees, but prior to the commencement of any site works, a layer of 75mm woodchip shall be installed in the location for each of the proposed crossings, to which, ground protection comprising strapped together rumble boards, plywood or similar, shall be provided on top, for the distance between the kerb and front boundary, and must remain in place for the duration of works, until such time as the crossings are being installed.

 

l.   The applicant is not authorised to perform any other works to these 12 street trees, and shall contact Council’s Landscape Development Officer on 9399-0613 should further pruning or any similar works appear necessary, with the applicant required to cover all associated costs, to Council’s satisfaction, prior to the completion of works.

 

m.  Within the TPZ’s described in point ‘i’ above, 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, with all Site Management Plans needing to acknowledge these requirements.

 

n.  A refundable deposit in the form of cash, credit card, cheque or bank guarantee for an amount of $20,000.00 shall be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to the commencement of any site works, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of the street trees.

 

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

 

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

 

Protection of trees within the site

42.     In order to ensure retention of the most western of those Melaleuca armillaris (Bracelet Honey Myrtles) located between the north-western site boundary and proposed retaining wall in good health as shown, the following measures are to be undertaken:

 

a.  Ground levels in the area between the north-western site boundary and proposed retaining wall must remain as existing, with the hydraulic works to be installed to the south-east of the wall, and be contained within the rear yards. Refer also to other requirements relating to these trees specified in ‘Landscape & Environmental amenity’ and ‘Vegetation Removal’ conditions.

 

b.  The location of the retaining wall must be plotted with pegs and a string-line or similar, prior to commencing construction or removing any trees from this group, in order to determine exactly which trees are being retained or removed.

 

c.  Any roots encountered during excavations associated with footings for the proposed retaining wall, must be cut cleanly by hand, only by the site Arborist, with the affected area to be backfilled with clean site soil as soon as practically possible. Roots are not to be left exposed to the atmosphere.

 

d.  This group shall be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located at the base of the proposed retaining wall, ie, to the north-west of the retaining wall, returning to both the north-eastern and south-western corners of the site, in order to completely exclude this group from the works.

 

e.  This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works associated with the retaining wall have been completed, to which signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT REMOVE/ENTER".

 

f.   In order to prevent soil/sediment being washed into the TPZ, erosion control measures must be provided along the length of the proposed retaining wall, both at ground level prior to commencement and during construction, and then on top of the wall once completed, and must remain in place until the completion of all site works.

 

g.  Within the TPZ described in point ‘d’ above, 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, with all Site Management Plans needing to acknowledge these requirements.

 

Demolition & Construction Waste

43.     A Demolition and Construction Waste Management Plan (WMP) must be developed 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

44.     A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to commencement of any site work.

 

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

 

All construction vehicles MUST NOT access the site via the adjoining Randwick Environmental Park at all times.

 

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

 

Details must include the following information:

 

·      Site plan

·      Hydraulic engineering details of the proposed disposal/connection of groundwater or site stormwater to Council/s drainage system

·      Volume of water to be discharged

·      Location and size of drainage pipes

·      Duration, dates and time/s for the proposed works and disposal

·      Details of water quality and compliance with the requirements of the Protection of the Environment Operations Act 1997

·      Details of associated plant and equipment, including noise levels from the plant and equipment and compliance with the requirements of the Protection of the Environment Operations Act 1997 and associated Regulations and Guidelines

·      Copy of any required approvals and licences from other Authorities if applicable (e.g.  A water licence from the Department of Planning/Department of Water & Energy).

·      Details of compliance with any relevant approvals and licences

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

46.     All construction personnel and vehicles must not access the subject site via the adjoining Randwick Environmental Park at all times.

 

47.     No construction machinery, equipment, materials and vehicles are permitted to be stored within the adjoining Randwick Environmental Park at all times.

 

48.     Any foreign matter (including but not be limited to: litter, cement wash, concrete, fill, soils, mulch, building materials, chemicals, petroleum-based products, paint, etc.), which has accidentally entered Randwick Environmental Park, shall be immediately removed with the affected areas thoroughly cleaned.

 

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

 

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

·       name, address and telephone number of the Project Manager;

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

 

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:

50.     A copy of the approved construction plans and development consent conditions must be provided to Council and a copy is to be kept on the site at all times and be made available to the Council officers and personnel for assessment.

 

51.     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).

 

52.     Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building, demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and (except as detailed below) between 8.00am to 5.00pm on Saturdays.

 

All building, demolition and associated site works are strictly prohibited on Sundays, Public Holidays and also on Saturdays adjacent to a Public Holiday.

 

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

 

53.     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.

 

Noise and vibration from any rock excavation machinery and pile drivers (or the like) must be minimised by using appropriate plant and equipment and silencers and a construction noise and vibration minimisation strategy, prepared by a suitably qualified consultant is to be implemented during the works, to the satisfaction of the Certifier.

 

54.     A report must be obtained from a suitably qualified and experienced consultant upon commencement of works, certifying that noise and vibration emissions from the construction of the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, Councils conditions of consent and relevant Standards relating to noise and vibration.  In support of the above, it is necessary to submit all relevant readings and calculations made and a copy of the report is to be forwarded to Council.

 

Any recommendations and requirements contained in the report are to be implemented accordingly and should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to the Council.

 

55.     A Registered Surveyor’s survey certificate is to be obtained (and a copy is to be forwarded to the Council), 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 constructed 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.

 

56.     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)     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.

 

c)     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.

 

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 Building Services section.

 

d)     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.

 

e)     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.

 

57.     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 of 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.

 

58.     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 a site water management plan and must be prepared 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.

 

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.

 

59.     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. 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 fences and 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 approval 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.

 

60.     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.

 

61.     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.

 

Engineering Conditions

 

Road/Asset Opening Permit

62.     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 occupation of the development.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Stormwater Drainage

63.     Adequate provisions must be made to collect and discharge stormwater drainage during construction of the dwellings to the satisfaction of the relevant certifying body.

 

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

 

Vegetation Removal

64.     With the exception of the dense thicket of Melaleuca armillaris (Bracelet Honey Myrtles) which exist along the length of the north-western site boundary, approval is granted for the removal of all other vegetation within the site in order to accommodate the proposed works as shown.

 

65.     Due to their random, staggered arrangement, prior to physically removing any of the Melaleuca armillaris (Bracelet Honey Myrtles) as described above for the indicative retaining wall and fence, the applicant must contact Council’s Landscape Development Officer (9399-0613) to be present on-site for the purposes of identifying the exact location and extent of trees that will require removal (refer also ‘Protection of trees within site’ condition), with the location of the retaining wall to be plotted with pegs and a string-line or similar.

 

Requirements prior to Occupation of the Building Works

66.     A statement confirming that the building is suitable for occupation must be obtained from the relevant approval body prior to any occupation of the building work encompassed in this development consent.

 

The statement must not be issued if the development is inconsistent with the development consent and the relevant conditions of development consent must be satisfied prior to occupation.

 

Details of critical stage inspections carried out, together with any other certification relied upon must be provided to Council prior to occupation.

 

67.     A Certificate shall be obtained from a professional engineer and be submitted to the Council, prior to occupation of the building, which certifies that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

Occupant Safety

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

 

Options may include one or more of the following measures:

 

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

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

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

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

·      Other appropriate effective safety measures or barrier.

 

Street Numbering

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

 

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

 

Engineering Conditions

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

70.     Prior to occupation of the premises, the owner/developer must meet the full cost for Council or a Council approved contractor to:

 

a)     Construct full width concrete vehicular crossings and layback at kerb opposite the vehicular entrances to the site.

 

71.     Prior to occupation of the development, 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.

 

72.     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 occupation of the development, 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.

 

73.     The nature-strip upon Council's footway shall be excavated and suitably re-graded, to a depth of 150mm, then backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar, at the applicant’s cost, prior to the completion of site works.

 

Service Authorities

74.     All electricity and telecommunication cables/wires to service the development site across the road carriageway and/or the Council nature reserve are to be located underground to the satisfaction of the relevant service utility authority prior to occupation of the development.

 

Stormwater Drainage

75.     Upon completion of the works and prior to the occupation of the premises, 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 relevant certifying body and the Council. The works-as-executed plan must include the following details (as applicable):

 

·      Finished site contours at 0.2 metre intervals;

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

·      Location and invert levels of all stormwater pits.

 

76.     Upon completion of the works and prior to the occupation of the premises, the applicant shall submit to the relevant certifying body 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 relevant certifying body.

 

Landscaping

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

 

Waste Management

78.     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 collection services to the development.

 

Prior to the Issuing of A Subdivision Certificate

79.     A formal subdivision application is required to be submitted to and approved by the Council and all relevant conditions of this development consent are required to be satisfied prior to the release of the subdivision plans.

 

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

 

81.     The Section 73 Compliance Certificate must be submitted to the relevant certifying body prior to occupation of the development or issuing of a subdivision certificate (whichever the sooner).

 

During Occupation and Use

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:

82.     The proposed use of the premises and 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 premises and plant and equipment shall not give rise to a 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) or in relation to building/ excavation works must comply with DECCW Guidelines.  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

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:

83.     The use of the premises shall not give rise to an environmental health or public nuisance.

 

84.     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.

 

ADVISORY MATTERS:

A1      The applicant is advised that the construction plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the construction plans and specifications.

 

You are also advised to ensure that the development is not inconsistent with Council's consent and if necessary consult with your certifier prior to preparing your construction plans to enable these matters to be addressed accordingly.

 

A2      You are advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and you should therefore consider your liability under the Act.  In this regard, you are advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

You are requested to give consideration to providing access and facilities for people with disabilities in accordance with Australian Standard 1428 Parts 1, 2, 3 and 4 - Design for Access and Mobility, which may be necessary to satisfy the objectives of the Disability Discrimination Act 1992.

 

A3      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.

 

A4      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                          6 December 2011

 

 

Development Application Report No. D163/11

 

 

Subject:                  62 Mooramie Avenue, Kensington (DA/624/2011)

Folder No:                   DA/624/2011

Author:                   Chahrazad  Rahe, Assessment Planner     

 

Proposal:                     Demolition of the existing front verandah to a dwelling house and construction of a double carport

Ward:                      West Ward

Applicant:                Andrew Boss & Rebecca Darley

Owner:                         Andrew Boss & Rebecca Darley

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 

1.    Executive Summary

 

The application has been referred to the Planning Committee for determination at the request of Councillors Andrews, Nash (The Mayor) and Seng.

 

Development Consent No. DA/52/2011 was granted consent on 31 March 2011 for the construction of a swimming pool to the rear of the property.  However, Condition No. 2 within the consent deleted the double carport structure within the front building line as it was considered that it would have a negative impact on the streetscape.

 

This application proposes to reinstate the double carport structure to the front of the dwelling. It appears that the application also includes modifications made to the front fence to accommodate the carport structure; however details have not been included in the application. If Council wishes to support this application it is advised that a condition be included which requires the applicant to submit details of the front fencing.

 

The application was notified from 22 August 2011 to 5 September 2011 in accordance with DCP – Public Notification of Development Proposals and Council Plans. One submission was received at the conclusion of the public consultation process. 

 

The main issue is the visual impact that the erection of a double carport structure to the front of the dwelling will have upon established street character.

 

Whilst the site inspection revealed that there are examples of double garages and carports located to the front of the building line in the vicinity of the site they were approved prior to Council’s implementation of the DCP for Dwelling Houses and Attached Dual Occupancies and the proposed double carport would set an undesirable precedent if the works were to be approved.  It should be noted that there is one application at no. 38 Mooramie Avenue which was initially recommended for refusal by Council officers has been approved at a Health, Building & Planning Committee on 10 April 2001. 

 

The proposed double carport and car space does not comply with the objectives and performance requirements of the DCP for Dwelling Houses and Attached Dual Occupancies. The proposed double carport and car space will considerably add to the bulk and scale of the existing dwelling and detract from the appearance of the existing dwelling and streetscape. Consequently, the carport structure is recommended for refusal.

 

2.    The Proposal

 

The proposal is for the demolition of the existing front verandah to a dwelling house and construction of a double carport to the front of the dwelling. The dimensions of the carspace are 5.275m in length x 7.07m in width.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the western side of Mooramie Avenue, Kensington.  At present, the site is occupied by a two storey dwelling house. The site is generally rectangular in form and has a frontage width of 12.495m, depths of 40.105m to the southern side boundary and 40.26m to the northern side boundary.  The site has an overall area of 502.1m2.

 

The locality is predominately characterised by a mixture of lower density detached residential developments.

 

 

4.    Site History

 

Development Consent No. DA/52/2011 granted consent on 31 March 2011 for the construction of a swimming pool to the rear of the property.  However, Condition No. 2 within the consent deleted the double carport structure within the front building line as it was considered that it would have a negative impact on the streetscape.

 

5.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification. As a result of this notification, one submission was received:-

 

5.1 Objections

 

60 Mooramie Avenue, Kensington

Issue

Comment

The carport structure is directly opposite their bedroom windows. Concerned that noise and exhaust fumes from the 2 car space will have onto their windows when open.

Given that the carport structure is recommended for refusal these issues are no longer applicable.

The carport will block their view of the park.

 

5.2 Support

No submissions in support of the proposal were received.

 

6.    Technical Officers Comments

 

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

 

6.1 Development Engineers

This report is based on the following plans and documentation:

·      Architectural Plans by Panoramic Designs dated 21.01.2011;

·      Statement of Environmental effects

 

General Comments

The applicant proposes a carport which is large enough to accommodate two car spaces. A preliminary analysis of car sweeping paths using the B-85 design template in Australian Standard 2890.1:2004 has indicated that cars may have difficulty accessing the southern carspace. The Council vehicle crossing and kerb opening will need to be widened to allow for adequate car manoeuvring.

 

Conditions have been included to this report requesting the driveway opening at the site frontage be at least 4.00m.

 

Landscape Comments

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

 

7.    Master Planning Requirements

 

No Master Planning Requirements apply to the site.

 

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998

The site is zoned No. 2A (Residential A Zone) under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

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

The proposal is inconsistent with the aims of RLEP 1998 and the specific objectives of the zone in that the proposed built form will not enhance and compliment the aesthetic character of the established streetscape.  The application is recommended for refusal.

 

8.1 Policy Controls

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

 

Garages & Driveways

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

 

The preferred solutions include that car parking spaces have a minimum dimension of 5.5m x 2.5m, driveways have minimum width of 3m and are setback at least 1m from the side boundary, parking is located behind the building line and driveways, car parking spaces and structures do not occupy more than 35% of the width of the allotment.  Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from the street alignment and 1 in 6 there after.

 

The applicant is seeking Council approval to permit the construction of a double carport structure forward of the front building line.  Due to the limited setback of the dwelling from the street, the applicant proposes the removal of the existing enclosed verandah to accommodate the car parking space.

 

The proposed double car space and carport structure does not satisfy the above objectives and performance requirements of the DCP for Dwelling Houses and Attached Dual Occupancies. The proposal also does not comply with a number of preferred solution requirements. 

 

The proposed double car space and carport structure occupies more than 35% of the site width and is forward the front building line not complying with the preferred solution requirements of the DCP.  Also, the carport structure will considerably add to the bulk and scale of the existing dwelling and detract from the appearance of the existing dwelling and streetscape not meeting the objectives and performance requirements of the DCP.

 

Council also advised that although there were examples of double garages and carports located at the front of the building line they were approved prior to Council’s implementation of the DCP for Dwelling Houses and Attached Dual Occupancies and the proposed double carport would set an undesirable precedent if the works were to be approved.

 

 

9.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

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

 

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

Not applicable.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

The environmental impacts of the proposed development on the natural and built environment, which are otherwise not addressed in this report, are discussed in the paragraphs below.

 

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

 

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

The site is located in close proximity to local services and public transport. The site has sufficient area to accommodate the proposed land use and associated structures. Therefore, the site is considered suitable for the proposed development.

 

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

 

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

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.

 


Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed double carport structure forward the front building line does not satisfies the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies. The carport structure is not supported as it is not within the established character of the streetscape and will set an inappropriate precedent for any future similar provisions in front of the existing building line.

 

Recommendation

 

That Council, as the consent authority, refuse development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/624/2011 for the demolition of the existing front verandah to a dwelling house and construction of a double carport at No. 62 Mooramie Avenue, Kensington, for the following reasons:

 

1.     The proposed carport does not comply with the relevant objectives, performance requirements and preferred solutions of Part 4.7 of the Development Control Plan - Dwellings and Attached Dual Occupancies in that the siting of the proposed double carport structure to the front of the dwelling will visually obscure and detract from the appearance of the existing dwelling and the character of the local streetscape. 

 

2.     The proposal fails to satisfy the relevant objectives of Zone No. 2A (Residential A Zone) embodied in Clause 10 of the Randwick Local Environmental Plan 1998, as it will not maintain the character of the area and will compromise the amenity of the residential area.

 

3.     The proposal fails to satisfy aim (g) of the Randwick Local Environmental Plan 1998 in that the development does not promote, protect and enhance the environmental qualities of the City.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                          6 December 2011

 

 

Development Application Report No. D164/11

 

 

Subject:                  35-37 Sackville Street, Maroubra (DA/406/2011)

Folder No:                   DA/406/2011

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Demolition of existing structures and construction of a part 3- and part 4-storey attached dual occupancy comprising 1 x 3-bedroom and 1 x 4-bedroom dwellings, car parking for 4 vehicles, rooftop terraces, swimming pool, landscaping and associated works and Strata subdivision into 2 allotments

Ward:                      Central Ward

Applicant:                C Thorn & V Thorn

Owner:                         C Thorn & V Thorn

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan


1.      Executive Summary

 

The subject application is referred to the Planning Committee Meeting as it contains variations to the development standards by more than 10%.

 

The application was advertised and notified from 15 to 29 June 2011 in accordance with DCP – Public Notification of Development Proposals and Council Plans. The application was re-advertised and re-notified from 9 to 23 November 2011 following the receipt of amended documents. A total of two (2) submissions were received at the conclusion of the public consultation processes. The issues raised in the submissions are primarily related to view loss, privacy, overshadowing, FSR, bulk and scale, setback and landscaped area provision.

 

The site is located within Zone No. 2A (Residential A Zone) and the Foreshore Scenic Protection Area under RLEP 1998 (Consolidation). The proposal is consistent with the aims of the LEP and the specific zoning objectives, in that the development will deliver an attached dual occupancy, which is compatible with the desired character for the locality.

 

The proposal deviates from a number of numerical standards contained in the LEP. However, the site presently already contains an attached dual occupancy which has been Strata subdivided into two lots. The existing building has an FSR of 0.61:1 (252m2 GFA), which exceeds the current LEP standard by 0.11:1. The proposed development will not increase the existing number of dwellings on the site. Rather, it will replace the existing building with two upgraded dwellings with improved amenity and facilities.

 

The site has a land area of 413.9m2 and falls short of the minimum allotment size requirement for attached dual occupancy, being 450m2. The development includes Strata subdivision and the proposed allotments do not fully meet the allotment size and frontage width requirements of 400m2 and 12m respectively. The proposed FSR amounts to 0.84:1 and exceeds the development standard by 0.34:1. The external wall height reaches 9.1m and exceeds the standard by 2.1m.

 

The application has included SEPP 1 Objections to justify the above deviation from the LEP standards. The Objections have been reviewed and are considered to be generally well founded.

 

The proportions, massing, colours, materials and finishes of the development are generally acceptable. However, the stairwells to the rooftop level would be prominently visible from the surrounding areas despite being recessed from the edges of the building. The rooftop elements are not consistent with the architectural form of the building and would not contribute to a positive streetscape outcome. The terraces would also enable overlooking into the adjoining dwellings. Therefore, a special condition is recommended to require deletion of the rooftop terraces and associated stairwells. Subject to the above condition, the design is considered to be satisfactory and respond appropriately to the corner location and landform of the site.

 

The proposal has implications on the existing water views captured from the first floor bedroom window of the dwelling at No. 33 Sackville Street. Based on site inspection, it is noted that up to approximately two-thirds of water views could be retained by splaying the northern corner to the first floor master bedroom of proposed Unit 2 at a 45-degree angle. Accordingly, a special condition is recommended to require splaying of the building corner to the above effect, in order to achieve adequate view sharing with the neighbouring property. The view loss impact would be brought to a reasonable level via the above change.

 

The proposal will not result in significant adverse impacts upon the amenity of the coastal foreshore and surrounding properties in terms of view loss, solar access and privacy, subject to the recommended conditions.

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended. Therefore, the proposal is recommended for approval subject to conditions.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot A in DP 331589, No. 35-37 Sackville Street, Maroubra. The site is located on the western side of the intersection between Sackville Street and Beaumond Avenue. The land slopes from the north-west to the south-east with a fall of approximately 3.9m. The land area and dimensions of the site are summarised in the table below:

 

Boundary

Length

Land area

North-eastern, Sackville Street boundary

20.115m

413.9m2

South-eastern, Beaumond Avenue boundary

20.575m

North-western, side boundary

20.575m

South-western, side boundary

20.115m

 

At present, the site is occupied by a part 2- and part 3-storey attached dual occupancy with semi-basement garage, which has been subdivided under the Strata Scheme.

 

The site is adjoined by a double-storey detached dwelling to the north-west at No. 33 Sackville Street. To the south-west at No. 2 Beaumond Avenue is a single-storey dwelling with a semi-basement garage. There is a recent development approval (DA/507/2010) for the construction of a 3-storey residential flat building containing two units at No. 2 Beaumond Avenue. 

 

Sackville Street is characterised by lower density detached style residences. Beaumond Avenue predominantly contains residential flat buildings with a height of up to 4 storeys.

 

Sackville Street elevation of the existing building on the subject site

Beaumond Avenue elevation of the existing building on the subject site

 

3.      The Proposal

 

The proposal is for demolition of existing structures and construction of a part 3- and part 4-storey attached dual occupancy comprising 1 x 3-bedroom and 1 x 4-bedroom dwellings, car parking for 4 vehicles, rooftop terraces, swimming pool, landscaping and associated works.

 

The building is proposed to be Strata subdivided into 2 allotments.

 

The floor space elements are summarised in the table below:

Level

Unit 1

Unit 2

Basement

Double garage, storage, laundry

Double garage, storage

Ground

Living & dining room, kitchen, amenities

Living & dining room, kitchen, study, laundry, amenities

First

4 x bedrooms, amenities

3 x bedrooms, amenities

Roof

Terrace

Terrace

 

4.      State Environmental Planning Policy No. 1 Development Standards

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

 

4.1    Deviation from the development standards

 

(i)     Minimum allotment sizes

Pursuant to Clause 20B(1) of the LEP, the minimum size for allotments resulting from the subdivision of land within Zone No. 2A is 400m2 and each allotment must have a frontage of at least 12m. The proposal involves Strata subdivision into 2 allotments in the following manner:

 

 

Proposed Lot A

Proposed Lot B

Standards

Allotment size

228.4m2

185.2m2

400m2

Frontage width

20.6m

9.0m

12m

Deviation from standards

Allotment size:

171.6m2 (43%)

Allotment size:

214.8m2 (54%)

 

Frontage width:3m (25%)

-----

 

Pursuant to Clause 20B(4), the minimum allotment size for an attached dual occupancy within Zone No. 2A is 450m2 and the allotment must have a frontage of at least 15m.

 

The subject site has frontage widths of 20.115m (Sackville Street) and 20.575m (Beaumond Avenue) and complies with the development standard.

 

The site has a land area of only 413.9m2 and falls short of the development standard by 36.1m2. The proposal entails a variation to the standard by 8%.

 

(ii)    Floor space ratio

Pursuant to Clause 20F(1) of the LEP, the maximum floor space ratio (FSR) for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2A is 0.5:1 or 207.0m2 gross floor area (GFA). The proposal has an FSR of 0.84:1 or 349.7m2 GFA, and exceeds the development standard by 0.34:1 or 142.7m2. The proposal entails a variation to the standard by 69%.

 

The proposed variation is summarised in the table below:

 

 

Floor space ratio (FSR)

Gross floor area (GFA)

Proposed FSR / GFA

0.84:1

349.7m2

Existing FSR / GFA (approximates)*

0.61:1

252.0m2

Permissible FSR /  GFA

0.50:1

207.0m2

FSR / GFA in excess of LEP standard

0.34:1

142.7m2

*Floor space figures obtained from Strata plan for the existing building

 

(iii)   Building heights

Clause 20G(3) specifies the maximum external wall height of 7m in Residential 2A Zone. The proposed external wall height exceeds the development standard by 2.1m. The proposal entails a variation to the standard by 30%.

 

4.2    SEPP 1 assessment

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

 

Matter 1

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

 

Comments:

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

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

 

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

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

 

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

 

Minimum allotment sizes:

Applicant’s SEPP 1:

 

In assessing the allotment size aspects of the proposal, it is important to consider the background reviews of a number of strategic and statutory components of the LEP, which Council has undertaken in adopting the current development standards embodied in RLEP 1998 (Consolidation).

 

The “Review of Dual Occupancy Development” report prepared by the Strategic Planning Section which was presented to the Health, Building and Planning Committee Meeting on 12 July 2005 has highlighted the rationale behind the 400m2 land area and 12m frontage requirements: 

 

Subdivision of Land – allotment size and frontage requirements

It is clear that both the minimum frontage together with minimum allotment size, are key elements for the subdivision of land. The minimum frontage resulting from subdivision is a key element in maintaining or changing the subdivision pattern and thus the streetscapes of Randwick. The 12m minimum frontage is based on the minimum required to enable a well designed building to present to the street while meeting the required side setbacks, car parking, windows, building entries and other DCP controls and thus, to achieve a quality design outcome. Any larger minimum frontage would create an unreasonable restriction on the subdivision of land for a single dwelling house whilst any smaller frontage could be incompatible with the existing subdivision patterns and quality building design.

 

Assessment indicates that the 400m2 allotments can accommodate a single dwelling closer to modern proportions whilst meeting the general requirements of good design, including streetscape impact and sufficient parking provision, whilst providing a slightly higher opportunity for subdivision in the low density residential areas.

 

The “Dual Occupancy and Subdivision Review Issues Paper” provides the following information:

 

Section 4.3 Potential Strata Subdivision of Attached Dual Occupancy Development

The LEP currently does not permit the subdivision of attached dual occupancies, including Torrens and strata subdivision. Strata subdivision would permit a separate owner for each dwelling in an attached dual occupancy. This inability to subdivide dual occupancies is an investment disincentive as it allows only rental or family use. It is anticipated that if subdivision were to be permitted, the number of attached dual occupancy development applications would increase substantially.

 

The significant issue arising from any introduction of strata subdivision relates to the potential increase in applications and thus the impact on the locality. Strata subdivision offers incentive for dual occupancies to develop on properties that already meet the minimum requirements to build an attached dual occupancy.

 

If strata subdivision was permitted, under the current provisions, this would enable approximately 50% of the Residential 2A lots, or approximately 7200 properties to develop an attached dual occupancy, as seen in Figure H. These 7200 properties, which are larger than 450m2 and have a frontage of greater than 12m, already have the opportunity to build a dual occupancy (but not to subdivide). Even with the proposed increase in the frontage to 15m, approximately 4500 properties could subdivide if the provisions for strata / Torrens were changed (approximately 30% of 2A properties).

 

The cumulative impacts of this level of dual occupancy development would have significant consequences in terms of intensity of occupation of areas, mature vegetation, pressure on on-street parking and on the established character of many areas.

 

A balance of incentive and restriction for dual occupancy already exists. Currently, there is significant attached dual occupancy development potential, however, the degree to which this form of development is occurring is restricted by the limited investment potential. The restriction also ensures that population increase is not focussed broadly through the suburbs but rather that population is appropriately located and linked to transport and service nodes as provided in the town centre. The focus is on reasonable opportunities for this type of housing where a good standard of design can be met, and to focus substantive density increases in the generally more accessible locations.

 

 

 

 

Section 4.4 Cumulative Impacts of Attached Dual Occupancy Development

Though similar in scale, dual occupancies often have greater potential impacts than a dwelling house due to higher occupancy rates on the same land. These relate to:

 

Loss of on-street car parking

Increased traffic

Reduced streetscape aesthetics and amenity

Reduced public safety

Increased impervious areas

Loss of significant backyard vegetation.

 

Given these potential cumulative impacts of new dual occupancies these should be supported as one form of housing choice, but not be a major source of new housing. The current provisions allow for approximately 50% of 2A properties to develop an attached dual occupancy. Reasonable opportunities for attached dual occupancy development should be balanced with protecting environmental impacts, managing amenity impacts on adjoining properties and encouraging dual occupancy as a housing choice.

 

Note: RLEP 1998 (Consolidation) has increased the minimum frontage requirement for the construction of an attached dual occupancy from 12m to 15m.

 

It is considered that the site area, frontage widths and proposed allotment sizes are suitable for the provision of an attached dual occupancy and Strata subdivision. The strict compliance with the development standards is unreasonable and unnecessary in the circumstances of the case for the following reasons:

 

-      At present, the existing attached dual occupancy on the site has already been subdivided under the Strata Scheme (SP 21919). The current proposal will maintain the same number of dwellings on the site. From a theoretical perspective, the proposal resembles one that adjusts the existing Strata plan to reflect the altered building and unit layout.

 

The proposal will provide a new attached dual occupancy on the site. There is no change to the existing housing form. The development will not create significant adverse impact on housing choice for the community and is considered acceptable on social planning grounds.

 

The site will continue to accommodate two self-contained dwellings and will not materially increase pressure on Council’s civil infrastructure.

 

-      The proposal does not involve Torrens title subdivision. There will be no change to the existing subdivision pattern in the locality in terms of the physical demarcation of allotment boundaries and layout.

 

-      As will be discussed in the following sections of this report, the proposed development is considered to satisfy the objectives and performance requirements of the DCP – Dwelling Houses and Attached Dual Occupancies. The resultant built form, landscaped area provision, car parking and amenity performance are considered to be adequate and will not cause unreasonable impacts on the surrounding areas. The site has sufficient size and dimensions to accommodate the land use and building structures. The development will upgrade and improve the visual presentation of the site with positive urban design contribution.

 

The proposal will maintain the current arrangement of having a single, double-width driveway for vehicular access to the site. The development incorporates a semi-basement garage containing 4 spaces in compliance with the Parking DCP. The proposal will not result in significant loss of kerb side parking. The development only contains 2 dwellings and will not increase vehicular traffic to an extent that exceeds the local road capacity.

 

The proposal includes suitably landscaped and dimensioned northeast-facing private gardens for each dwelling. Perimeter planting has been incorporated in the development. The proposal will offer a satisfactory level of amenity for the dwellings and the public domain.

 

In conclusion, it is considered that the replacement of the existing attached dual occupancy and Strata subdivision will not cause detrimental environmental and amenity impacts on the adjoining properties and the locality as whole.

 

Floor space ratio:

 

Applicant’s SEPP 1:

 

External wall height:

Applicant’s SEPP 1:

 

It is considered that the proposal is satisfactory and strict compliance with the FSR and external wall height standards is unreasonable and unnecessary based on the following reasons:

 

Streetscape elevation showing how the building would appear in Beaumond Avenue

 

 

Streetscape elevation showing how the building would appear in Sackville Street

 

 

Photomontage showing the building as viewed from the corner of Sackville Street and Beaumond Avenue

 

 

Photomontage showing the building as viewed from Beaumond Avenue looking north-east (the approved residential flat building at No. 2 Beaumond Avenue is shown on the foreground)

 

Photomontage showing the building as viewed from Sackville Street footpath looking south-east

 

·      Sackville Street is predominantly characterised by two- and three-storey detached dwelling houses. A number of in-fill residential flat buildings reaching a height of up to 4 storeys are found in Beaumond Avenue. The subject site is located immediately adjacent to Residential 2C zoned land to the southwest. In particular, No. 2 Beaumond Avenue has been approved for development into a 3-storey apartment building containing 2 units.

 

The site occupies a prominent corner location and has a significant cross-fall. In response to the topographical constraints, the design scheme has created a podium platform where the dwellings above are recessed from the property boundaries, with perimeter planting and stepped retaining walls and fences that minimise visual bulk. Where the rooftop stairwells are removed from the building, the height and scale of the development would be compatible with the streetscape pattern and site landform.

 

·      As are demonstrated in the submitted photomontages, the stairwells to the rooftop level would be prominently visible from the public domain (including various view points on Sackville Street) despite being setback from the edges of the building. Although the site occupies a corner location that allows a more definitive built form, the rooftop elements are not consistent with the architectural configuration and style of the rest of the building, and would not lead to a positive streetscape outcome. Furthermore, the rooftop terraces would overlook the windows and private open space of the adjoining residences. Therefore, a special condition is recommended to require deletion of the rooftop terraces and associated stairwells. Subject to the above condition, the proposal will contribute to the environmental amenity of the area.

 

·      Where the rooftop terraces and stairwells are deleted, the degree of non-compliance with the external wall height standard will be significantly reduced. Part of the south-western and south-eastern elevations will still protrude above the 7m wall height line. However, the above non-compliance is attributed to the significant slope of the site and is not a result of any intrusive built elements that are incompatible with the architectural form of the dwellings. The FSR will also be reduced to 0.80:1 following the deletion of the rooftop stairwells.

 

·      The building facades are suitably articulated with staggered wall planes, windows and balconies. The development adopts a flat roof. The design scheme will minimise the mass and scale of the structures as viewed from the surrounding public domain. The proposed colour palette adopts a neutral hue, which is suitable to the character of the locality.

 

·      The proposed level of floor space will not compromise the environmental performance and living amenity of both dwellings. The development will enjoy good solar access and natural ventilation and will achieve satisfactory energy efficiency outcome.

 

·      As will be discussed in the following sections, the revised proposal will not result in any unreasonable adverse impacts on the adjoining properties in terms of overshadowing, privacy and view loss, subject to condition.

 

·      The proposal will replace an aged attached dual occupancy with a contemporary building that provides upgraded facilities and improved presentation to the streets. The proposal represents an orderly and economic use of the land and satisfies the purposes of the development standards.

 

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

 

Matter 2

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

 

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

 

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

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

 

Comments:

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

 

The proposal is also consistent with the relevant objectives of the Residential 2A Zone in that it will allow a suitably designed attached dual occupancy, and will not detract from the 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”.

 

Comments:

The proposed development and variations from the development standards do not raise any matters of significance for State or Regional environmental planning. The strict adherence to the numerical standards 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.

 

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 standards in question is unreasonable and unnecessary as the proposal will achieve the underlying purposes of the standards, subject to the recommended conditions.

 

Second

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

 

Comments:

The underlying objective or purpose of the standards is relevant to the subject development. As discussed above, the proposal is considered to satisfy the underlying purposes of the allotment sizes, FSR and external wall height standards, subject to the recommended conditions. 

 

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 numerical compliance in this particular instance is unreasonable. The proposed development will not result in detrimental streetscape or unreasonable amenity impacts on the locality. The resultant built form, height and scale are compatible with the surrounding residential premises and represent a suitable infill development, subject to the recommended conditions.

 

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 allotment sizes, FSR and external wall height development standards have not been abandoned or discarded by any decision or actions of Council.

 

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

 

Fifth

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

 

Comments:

The existing Residential A zoning is not considered to be inappropriate for the locality. The current RLEP 1998 (Consolidation), effective from 15 January 2010, has maintained the 2A zoning for the site.

 

5.      Site History

 

5.1    Previous development applications relating to the site

 

DA/1142/2003

Construction of an in-ground swimming pool.

Approved by Council on 13 February 2004.

DA/17/1988

Alterations and additions to the first floor level of the existing building.

Refused by Council on 17 March 1988.

SC/6/1984

Strata subdivision into two allotments.

Approved by Council on 10 September 1984.

 

5.2    Plan amendments

At Council’s request, the applicant submitted revised drawings and additional information on 31 October 2011 including the following revision:

 

·      Amendment to the nature of the proposal so that the land use is categorised as an attached dual occupancy in lieu of multi-unit housing. SEPP 1 Objections were submitted to justify the deviations from the development standards in the LEP.

·      Provision of an indentation to the northern corner of the master bedroom of Unit 2.

·      Reduction in the size of the rooftop terrace of Unit 2.

·      Alterations to the roof form over the stairwells.

·      Changes to the finishes of the front fences.

 

Draft Strata subdivision plans were received on 7 November 2011.

 

6.      Community Consultation

 

The subject application was advertised and notified from 15 to 29 June 2011 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The application was re-advertised and re-notified from 9 to 23 November following the receipt of amended drawings and documents.

 

The following submissions were received at the conclusion of the public consultation processes:

 

·      33 Sackville Street, Maroubra

·      PO Box 778 Darlinghurst NSW 1300 (on behalf of 33 Sackville Street, Maroubra)

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The application has incorrectly classified the proposed development as multi-unit housing. The development should have been identified as an attached dual occupancy, which is a permissible use under the LEP.

 

The proposal does not represent a non-conforming use and existing use rights do not apply.

 

SEPP 1 Objections need to be submitted to justify any deviation from the LEP standards.

Noted.

 

The application has already been amended in which the land use is now identified as an attached dual occupancy. SEPP 1 Objections have been submitted to justify the deviations from the development standards contained in the LEP. 

There is insufficient building separation between the subject development and No. 33 Sackville Street.

The proposed side setbacks are considered to be satisfactory and will not result in unreasonable visual and amenity impacts. Refer to the “DCP” section of this report for further details.

The development scheme has incorporated insufficient landscaping and will adversely affect the local character.

The landscaped area provision and planting design are considered to be satisfactory.

The FSR, site coverage, bulk and scale of the proposed development are unreasonable.

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

Any planting along the common boundary should have a height that does not overshadow the neighbour’s windows and private open space.

The proposed plant species along the north-western boundary will not cause significant overshadowing on No. 33 Sackville Street.

 

A special condition is recommended to ensure any planting adjacent to the first floor bedroom window (on the south-eastern elevation) of No. 33 Sackville Street will be of a height that does not obstruct distant sea views.

Existing trees within No. 33 Sackville Street should be protected during works on the site.

Council’s landscape officer has reviewed the application and does not consider the works to have potential impacts on existing vegetation on neighbouring sites.

The submitted shadow diagrams are inaccurate in that the sun angles are incorrectly shown.

The applicant has submitted revised shadow diagrams with corrected sun angles.

The proposal will result in adverse shadow impacts on No. 33 Sackville Street.

The proposed development will result in minimal shadow impact on No. 33 Sackville Street throughout the day on 21 June.

The proposal will obstruct ocean views currently available to the first floor bedroom window of No. 33 Sackville Street.

The amended design has incorporated an indentation at the northern corner of the master bedroom to Unit 2. A special condition is recommended to require the northern corner of the above bedroom to be splayed so that additional views could be retained. Refer to the “Environmental Assessment” section of this report for details.

The proposal will result in detrimental privacy impacts on the neighbours.

The proposal will not result in unreasonable privacy impacts on the neighbouring properties, subject to condition. Refer to the “DCP” section of this report for details.

The rooftop terraces will overlook the neighbouring dwellings and generate noise.

 

The rooftop structures will detract from the streetscape character.

 

The drawings do not accurate show the layout of the rooftop terraces.

A special condition is recommended to require deletion of the rooftop terraces and associated stairwell structures due to privacy, noise and built form issues.

 

No apparent drafting errors in the revised drawings relating to the rooftop terraces have been noted.

Any basement ventilation grilles should be positioned away from No. 33 Sackville Street in order to minimise noise and odour impacts.

The proposal does not include any ventilation grilles facing No. 33 Sackville Street.

The proposal involves excavation within 1m from the common boundary with No. 33 Sackville Street.

 

Any approval granted for the proposed development should include a condition that requires the preparation of a dilapidation report.

Noted. A standard condition has been recommended to require the preparation of a dilapidation report prior to the commencement of works.

The proposal does not satisfy the zoning objectives stated in the LEP.

The proposal is considered to satisfy the objectives of the Residential 2A Zone. Refer to the “LEP” section of this report for details.

The podium gardens above the basement level should not be included in landscaped area calculation.

The proposal complies with the landscaped area requirements of the LEP. Refer to the “LEP” section of this report for details.

The footprints of the existing building on the site are not accurately drawn on the site analysis plan.

The applicant has submitted revised site analysis plans. The accurate footprints of the existing building on the site are shown on the survey plan.

The proposal includes masonry fences along the common boundaries and may cause ponding and drainage problems on the neighbouring property at No. 33 Sackville Street.

Council’s drainage engineer has reviewed the application and raised no objections. Standard stormwater management conditions have been recommended.

The owner should notify the neighbours before commencement of works.

There is no requirement under the relevant legislation to notify neighbours prior to commencement of works. However, if rock anchors are required underneath the neighbour’s property, a written consent from the owner/s will be required before such devices could be installed.

 

The standard construction management conditions also require the installation of signage and protection fences on the site prior to the commencement of works.

 

7.      Technical Officers Comments

 

7.1    Building Surveyor

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

 

BCA Building Classification

Class 2 – Residential units

Class 7b - Carpark

Class 10b - Swimming pool

 

Description of the Building

In summary, the building incorporates:

·      A ‘rise in storeys’ of 3

·      Masonry walls, trafficable roof and concreter floors

·      Separate stairways

·      A total of 2 sole occupancy units, External balconies

·      Side boundary building setbacks of up to 1075mm.

 

Key Issues

 

Building Code of Australia (BCA):

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

 

Site Management:

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

 

7.2    Development Engineer and Landscape Development Officer

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

 

Internal Driveway Comments

The plans show a 4.885m wide driveway corridor for vehicles to reverse into when exiting the garages. Having the garage doors setback a further 1.00m from the proposed location would provide a 5.885 corridor/aisle for vehicles to reverse into which meets the minimum requirement of 5.80m in AS/NZS 2890.1:2004.

 

The Planning Officer is to consider including a condition which requires the garage doors to be setback a further 1.00m north of their existing proposed location.

 

Tree & Landscape Comments

Existing use rights apply to this site, and while Council’s numerical controls for landscaped area do not apply in such instances, this proposal still achieves compliance, with 57% of the total site area dedicated for the purposes of landscaping, and as the submitted landscape plan shows an acceptable level of detail and treatment, conditions in this report require that it be fully implemented as part of the works.

 

There is a public tree on each of the street frontages, being a 4m tall Banksia serrata (Saw Toothed Banksia) on the raised Sackville Street verge, near the corner, then a 4m x 4m Hibiscus tiliaceus (Cottonwood) on the Beaumond Avenue frontage, also near the corner, both of which are native coastal species which are covered by the TPO due to their location on public property.

 

The Banksia is growing in shallow soil due to the presence of bedrock just below the surface (which is exposed above ground level to the west), with the Cottonwood appearing only in fair health due to a combination of exposure, and the heavy pruning of several major, lateral branches for clearance reasons off both the roadway and footpath.

 

While there are no external works that would pose a direct threat to either tree, protection measures have still been applied to ensure their preservation, and includes a refundable deposit as security for compliance, with chain-wire fencing not specified due to the corner location and line of sight issues. 

 

Additional street plantings to assist with integration of the development into the area will not be possible due to the bedrock on Sackville St, with the power pole and street light, vehicle crossing and manhole on the Beaumond Ave to restrict the amount of space available on this frontage.

 

There is no significant vegetation within the site that would pose a constraint to the development in anyway, with the Kentia Palm and Norfolk Island Hibiscus on neighbouring properties to the west unlikely to be affected by the works, with conditions not required.

 

Drainage Comments

Due to the site being located towards the bottom of the catchment on-site detention is not required for this application.

 

A site inspection shows rock located on Council’s nature strip opposite the subject site and thus the requirement for infiltration pit is not required.

 

8.      Master Planning Requirements

 

A master plan is not required for the subject development.

 

9.      Relevant Environmental Planning Instruments

 

9.1    Randwick Local Environmental Plan 1998 (Consolidation)

The site is zoned Residential 2A under RLEP 1998 (Consolidation). The proposal is consistent with the aims of the LEP and the specific zoning objectives, in that the development will deliver lower density housing, which is compatible with the desired character of the locality.

 

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

 

Clause

Requirement

Proposal

Compliance

20B Minimum allotment sizes

(1) Minimum allotment size resulting from the subdivision of land within Zone No. 2A is 400m2, and each allotment must have a frontage of at least 12m

Allotment size:

Lot A:  228.4m2

Lot B: 185.2m2

 

Frontage:

Lot A: 20.6m (Beaumond Avenue)

Lot B: 9.0m (Sackville Street)

No, SEPP 1 Objection submitted

 

 

Yes

 

No, SEPP 1 Objection submitted

(4) Minimum allotment size for attached dual occupancy within Zone No. 2A is 450m2 and the allotment must have a frontage of at least 15m

Allotment area:

413.9m2

 

 

Frontage width:

20.115m /

20.575m

No, SEPP 1 Objection submitted

 

Yes

20E Landscaped area

(1) Minimum 40%of site (165.6m2)

55.9% (231.5m2)

Yes

(3) Landscaped areas over podiums or basements not to exceed 50% of required provision

More than 50% of the required landscaped area is provided on deep soil (148.3m2)

Yes

20F Floor space ratios

(1) Maximum 0.5:1 (207.0m2 GFA)

0.84:1 (349.7m2 GFA)

No, SEPP 1 Objection submitted

20G Building heights

(1) Maximum height 9.5m

9.4m

Yes

(3) Maximum external wall height 7m

9.1m

No, SEPP 1 Objection submitted

 

Clause 29 Foreshore scenic protection area

Clause 29 requires the consent authority to consider the probable aesthetic appearance of the proposed development in relation to the foreshore prior to the granting of any consent.

 

The site falls within the Foreshore Scenic Protection Area under the LEP.

 

The site occupies a prominent corner location and has a significant cross-fall. In response to the topographical constraints, the design scheme has provided an appropriate solution by creating a podium platform where the dwellings above are recessed from the property boundaries, with perimeter planting and stepped retaining walls and fences that minimise visual bulk.

 

The facades are suitably articulated with staggered wall planes, windows and balconies, which will minimise the mass and scale of the structures as viewed from the surrounding public domain. The proposed colour palette adopts a neutral hue, which is suitable to the character of the locality.

 

However, the stairwells to the rooftop level would be prominently visible from the streets despite being setback from the edges of the building. The rooftop elements are not consistent with the architectural form and style of the rest of the building, and would not contribute to a positive streetscape outcome. Therefore, a special condition is recommended to require deletion of the rooftop terraces and associated stairwells.

 

The proposal is considered to be satisfactory in this regard, subject to the aforementioned condition.

 

Clause 40 Earthworks

Clause 40 requires Council to consider the likely impact of earthworks on the existing drainage patterns and soil stability in the locality. 

 

The site has already been significantly modified to accommodate the existing building and semi-basement garage. The proposal will require additional excavation to provide an enlarged semi-basement level with 4 car spaces and storage areas.

 

The application has been referred to Council’s Development Engineer for review. It is considered that the proposal will not adversely impact on the drainage pattern and use of the land, subject to the recommended engineering conditions. Standard conditions are also recommended to ensure that appropriate soil retention and erosion control measures are undertaken during works on the site.

 

Subject to the above conditions, the proposed development is considered to be satisfactory in this regard.

 

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

SEPP: BASIX applies to the proposed development. A revised BASIX Certificate relating to the amended design scheme has been submitted. The commitments listed in the above certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

10.    Policy Controls

 

10.1  Randwick Development Control Plan – Dwelling Houses and Attached Dual Occupancies

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

 

Landscaping

 

Preferred Solution

Assessment

S1

40% of the total site area (165.6m2) is provided as landscaped area.

55.9% (231.5m2), complies.

S1

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

Complies.

S1

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

 

Complies.

S1

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

The principal private open space for both dwellings is provided in front of the building line in the north-eastern section of the site, in order to obtain adequate solar access. Suitable front fences will be installed to protect the privacy of the occupants.

 

S6

20% of the total site area (82.8m2) has permeable treatment.

Complies.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of 413.9m2 in area is a maximum floor space ratio of 0.6:1. 

0.84:1

Refer to the “SEPP 1” section of this report for detailed discussions.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

9.1m

Refer to the “SEPP 1” section of this report for detailed discussions.

S1

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

Not applicable.

S3

Cut or fill does not exceed 1m.

The proposal involves excavation of more than 3m to accommodate 4 parking spaces and storage areas at the semi-basement level. The site has a significant cross-fall and excavation is inevitable to provide functional floor plate below the existing ground line.

 

The design scheme has adequately responded to the topographical constraints by creating a podium platform, where the dwellings above are setback from the edges to avoid a monolithic structural mass. 

 

In addition, the retaining walls adjacent to the street alignments have been stepped to follow the slope of the roads. Planter boxes have been installed along the street frontages which will visually soften the masonry wall structures.

 

The height and scale of the development relate appropriately to the landform of the area and will not detract from the character of the neighbourhood.

S3

No excavation within 900mm of a side boundary.

North-western boundary:

Excavation setback 500mm to 1200mm

South-western boundary:

Excavation setback 0mm to 800mm

 

Council’s Development Engineer has reviewed the proposal and raised no objections on engineering or safety grounds. Standard construction management conditions have been recommended to require the installation of suitable soil retention measures during works on the site. A further condition is recommended to require the preparation of a dilapidation report relating to the adjoining properties prior to the commencement of works.

S3

No excavation within 4m of a rear boundary.

Corner block, not applicable.

S4

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

Complies.

S5

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

Not applicable.

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

Sackville Street

Unit 1:

Minimum 4.5m to wall (G/F)

Minimum 4m to balcony (1/F)

Minimum 5.1m to wall (1/F)

Unit 2:

Minimum 5.4m to wall (G/F)

Minimum 5.7m to wall (1/F)

 

Beaumond Avenue

Unit 1:

Minimum 0.7m to deck (G/F)

Minimum 2.5m to wall (G/F)

Minimum 0.8m to balcony (1/F)

Minimum 1.5m to wall (1/F)

 

The design scheme has incorporated staggered setbacks along the Sackville Street frontage of the site. The setback to Unit 2 generally matches with the building line of No. 33 Sackville Street.

 

The front setback has been reduced towards the junction between Sackville Street and Beaumond Avenue. The above arrangement is considered to be satisfactory given the corner location of the site. The position of the building will reinforce the spatial definition of the street alignments.

 

The narrower setback from the Beaumond Avenue alignment is considered to be acceptable given that it is the secondary street frontage. The building façade has been articulated with balconies and planter boxes have been installed adjacent to the street boundary. The above design measures will provide an adequate address to Beaumond Avenue.

S2

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

Corner block, not applicable.

S3

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

Shared boundary with No. 33 Sackville Street

G/F: minimum 1.1m

Shared boundary with No. 2 Beaumond Avenue

Basement: 0m to 0.8m

 

The proposal deviates from the preferred solution due to the extension of the semi-basement footprints to the shared boundary with No. 2 Beaumon d Avenue. Notwithstanding, the garage level is substantially underground and planters and fences have been installed along the common boundary to provide visual screening. The proposal will not adversely affect solar access and natural ventilation of the adjoining property. Therefore, the proposal is considered to satisfy the objectives and performance requirements of the DCP in this regard.

S3

Side setbacks be 1.5m at second floor level.

Shared boundary with No. 33 Sackville Street

1/F: 1.5m

Shared boundary with No. 2 Beaumond Avenue

G/F: minimum 3.5m

 

Complies.

S3

Side setbacks be 3.0m at third floor level.

Shared boundary with No. 33 Sackville Street

Rooftop: minimum 6m

Shared boundary with No. 2 Beaumond Avenue

1/F: minimum 3.5m

Rooftop: minimum 4.8m

 

Complies.

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

Refer to comments below.

S1

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

S1

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

S3

Buildings comply with AS 371 and AS 2107.

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

 

The Objective of the DCP is to ensure that new buildings and additions retain visual and acoustic privacy for the occupants and neighbours.

 

Rooftop terrace

Unit 1 terrace:

The Unit 1 terrace is setback 6.5m from the shared boundary with No. 2 Beaumond Avenue. The approved development (DA/507/2011) at No. 2 Beaumond Avenue contains the following:

 

Level

Element

Level 2

(FFL RL34.91)

North-eastern corner window, attached to bedroom of Unit 1

Front balcony, attached to bedroom of Unit 1

Level 1

(FFL RL31.91)

North-eastern corner window, attached to living room of Unit 1

Front balcony, attached to living room of Unit 1

 

Given the elevated position of the roof terrace, it is capable of overlooking the corner windows and balconies at levels 1 and 2 of the approved development at the neighbouring site.

 

The terrace has a clear dimension of 3.6m x 4.7m and is able to accommodate household gatherings to the detriment of the acoustic amenity of the approved dwelling unit (Unit 1) at No. 2 Beaumond Avenue.

 

Unit 2 terrace:

The Unit 2 terrace is setback from the shared boundaries with No. 33 Sackville Street and No. 2 Beaumond Avenue by 6m and 4.8m respectively.

 

Due to the elevated position of this terrace (RL37.55), it is capable of overlooking the rear courtyards of the approved residential flat building at No. 2 Beaumond Avenue. It is also capable of obliquely overlooking the south-eastern bedroom window at the upper level of No. 33 Sackville Street (sill level RL36.20).

 

The terrace has a dimension of 2.5m x 4m and is able to accommodate small household gatherings to the detriment of the acoustic amenity of the bedroom window of No. 33 Sackville Street.

 

For the above reasons, the proposed rooftop terraces are considered to result in unreasonable visual and acoustic privacy impacts, and are recommended for deletion via a special condition.

 

Side windows

The balconies and the principal living room windows are oriented towards the streets or courtyards. The proposal has minimised the number and size of windows on the side elevations facing the neighbours.

 

Rear courtyards

The rear courtyards have incorporated fences and planter boxes adjacent to the common boundary with No. 2 Beaumond Avenue, which will minimise privacy impacts on the above neighbour.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

Complies.

S1,3

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

Complies.

S2

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

To be required by condition.

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

2 car spaces are provided for each dwelling, complies. 

S1

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

Complies.

S1

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

Complies.

S1

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

4.5m

The driveway width is required to enable efficient and safe manoeuvring of vehicles into and out of the garage level. The proposal has incorporated planter boxes adjacent to the Beaumond Avenue alignment to visually soften the retaining walls and parking facilities. Satisfactory.

S1

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

Complies.

S1

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

Not applicable.

S2

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

Not applicable.

S2

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

Complies.

S2

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

22%, complies.

 

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

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

Front fences up to 2.8m in height. Refer to comments below.

S1

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

 

The Objectives of the DCP are to ensure front fencing is integrated with the streetscape and the landscape and dwelling design.

 

The site has a significant cross-fall and the design scheme involves excavation to create a semi-basement level. Retaining walls and car park enclosing walls are required to be constructed along the site frontages.

 

Notwithstanding, the retaining walls and front fences have been stepped to follow the slope of the streets. Planter boxes have been installed to divide the wall sections and minimise their height. Timber palisade elements have been included to enhance the articulation of the front fence. The retaining walls will be finished with sandstone claddings, which will provide a high quality presentation to the streets with minimal maintenance issues.

 

Therefore, the proposal is considered to satisfy the relevant objectives and performance requirements relating to fence design.

 


Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

Refer to “BASIX”.

S2

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

The principal private open space for both dwellings are located in the north-eastern portion of the site forward of the building line, and will receive direct sunlight between 9am and 3pm on 21 June. Complies.

S2,8

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

The north-eastern windows of both dwellings will receive more than 3 hours of direct sunlight between 9am and 3pm on 21 June. Complies.

S9

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

The proposed development will maintain adequate solar access to the roofs of the adjoining residences. Complies.

S9

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

The north-western bedroom windows at the second level of the approved residential flat development at 2 Beaumond Avenue will receive approximately 2 hours of direct sunlight in the afternoon period on 21 June. Refer to comments below.

S9

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

Part of the rear courtyards of the approved development at 2 Beaumond Avenue will receive approximately 1 to 2 hours of direct sunlight in the afternoon period on 21 June. Refer to comments below.

 

The proposal does not meet the preferred solution of the DCP relating to solar access.

 

Planning principles relating to solar access:

An assessment has been made against the planning principles established in the Land and Environment Court case, The Benevolent Society v Waverley Council [2010], NSWLEC 1082:

 

Where guidelines dealing with the hours of sunlight on a window or open space leave open the question what proportion of the window or open space should be in sunlight, and whether the sunlight should be measured at floor, table or a standing person’s eye level, assessment of the adequacy of solar access should be undertaken with the following principles in mind, where relevant:

 

·        The ease with which sunlight access can be protected is inversely proportional to the density of development. At low densities, there is a reasonable expectation that a dwelling and some of its open space will retain its existing sunlight. (However, even at low densities there are sites and buildings that are highly vulnerable to being overshadowed.) At higher densities sunlight is harder to protect and the claim to retain it is not as strong.

 

Comments:

The adjoining property at No. 2 Beaumond Avenue that will be affected by overshadowing from the proposed development is zoned Residential 2C under the current LEP. No. 2 Beaumond Avenue is located to the south-east on the downhill side of the subject site.

 

Due to the existing subdivision pattern and sloping landform in the area, it is much more difficult to achieve strict compliance with the preferred solution in the DCP, as compared to the scenario of an area with flat topography and north-south oriented allotments.

 

·        The amount of sunlight lost should be taken into account, as well as the amount of sunlight retained.

 

Comments:

The north-western bedroom windows at the second level of the approved residential flat development at No. 2 Beaumond Avenue will receive approximately 2 hours of direct sunlight in the afternoon period on 21 June.

 

Part of the rear courtyards of the approved development will receive approximately 1 to 2 hours of sunlight in the afternoon period on 21 June.

 

·        Overshadowing arising out of poor design is not acceptable, even if it satisfies numerical guidelines. The poor quality of a proposal’s design may be demonstrated by a more sensitive design that achieves the same amenity without substantial additional cost, while reducing the impact on neighbours.

 

Comments:

The proposed built form is suitable to the corner location and topography of the site, and will not detract from the streetscape character. The design scheme is considered to be acceptable. 

 

It should be noted that a significant percentage of the shadow impacts on the approved development at No. 2 Beaumond Avenue is contributed by the existing dwelling at No. 33 Sackville Street. The development will only have moderate impact on No. 2 Beaumond Avenue at 12 noon. The shadows will gradually shift away from the above neighbour in the afternoon.

 

·        For a window, door or glass wall to be assessed as being in sunlight, regard should be had not only to the proportion of the glazed area in sunlight but also to the size of the glazed area itself. Strict mathematical formulae are not always an appropriate measure of solar amenity. For larger glazed areas, adequate solar amenity in the built space behind may be achieved by the sun falling on comparatively modest portions of the glazed area.

 

Comments:

It is anticipated that the majority of the glazed areas of the north-western bedroom windows (of the approved development at No. 2 Beaumond Avenue) will receive direct sunlight, due to their elevated position within the building.

 

·        For private open space to be assessed as receiving adequate sunlight, regard should be had of the size of the open space and the amount of it receiving sunlight. Self-evidently, the smaller the open space, the greater the proportion of it requiring sunlight for it to have adequate solar amenity. A useable strip adjoining the living area in sunlight usually provides better solar amenity, depending on the size of the space. The amount of sunlight on private open space should ordinarily be measured at ground level but regard should be had to the size of the space as, in a smaller private open space, sunlight falling on seated residents may be adequate.

 

Comments:

Part of the rear courtyards of the approved development at No. 2 Beaumond Avenue will receive approximately 1 to 2 hours of sunlight in the afternoon period on 21 June. The rear courtyards of the above development are partially created by excavation, which in conjunction with the downhill location of the property, will have compromised solar access.

 

It should be noted that a significant portion of the overshadowing is caused by the dwelling at No. 33 Sackville Street.

 

The proposed development is considered to be adequately designed and the amount of overshadowing is not unreasonable.

 

·        Overshadowing by fences, roof overhangs and changes in level should be taken into consideration. Overshadowing by vegetation should be ignored, except that vegetation may be taken into account in a qualitative way, in particular dense hedges that appear like a solid fence.

 

Comments:

The submitted shadow diagrams do not take into consideration impacts generated by vegetation. They relate to shadows created by the proposed building structures. The shadows created by the proposed landscaping will generally be within those casted by the building structures and will not be readily perceivable.

 

·        In areas undergoing change, the impact on what is likely to be built on adjoining sites should be considered as well as the existing development.

 

Comments:

The locality has experienced gradual transition where the older building stocks are being replaced by larger dwelling houses.

 

The adjoining site at No. 2 Beaumond Avenue has obtained approval for redevelopment to a 3-storey residential flat building. Despite the lower site levels, the future building will receive a reasonable level of solar access. 

 

10.2  Randwick Section 94A Development Contributions Plan

The Section 94A Development Contributions Plan, effective from 2 July 2007, applies 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

$1,100,000

1.0%

$11,000

 

11.    Environmental Assessment

 

11.1  Section 79C 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 Environmental Planning and Assessment Regulation 2000 have been addressed by the recommended conditions.

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 within the body of this report, are discussed below.

 

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

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

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

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

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

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

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

 

11.2  View sharing

The proposed development has implications on the ocean views, which are currently available to the first floor bedroom window at No. 33 Sackville Street (refer to photograph below). A submission has been received from the above property.

 

South-eastern bedroom window on the first level of the adjoining dwelling at 33 Sackville Street (right)

 

The applicant and the assessment officer have inspected the aforementioned neighbour to assess the degree of impact with the assistance of a portable height pole.

 

The following paragraphs provide a four-step analysis of view loss established in the NSW Land and Environment Court case, Tenacity v Warringah Council (2004).

 

Step 1: The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (e.g. of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views 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 is obscured.”

 

No. 33 Sackville Street

1st floor bedroom window on south-eastern elevation

The bedroom window currently enjoys partial ocean views broken by the existing building on the subject site and dwellings on Sackville Street. The water elements are punctuated by vegetation and television antennae. Partial sky-water interface is visible.

 

Photograph 1: northern wall corner of original scheme prior to amendment

 

The yellow pole as shown in the photograph above demonstrates the approximate location of the northern wall corner to the first floor master bedroom (Unit 2) of the proposed building as contained in the original design scheme. It could be seen that the majority of the water views would be lost.

 

During site inspection, the yellow pole has been placed at a point where the northern wall would have been if it were splayed 1m x 1m from its original corner. The resultant view is shown in the following photograph.

 

Photograph 2: Location of northern wall if splayed 1m x 1m from original corner

 

As seen from above, where the wall is splayed 1m x 1m from the original corner, approximately two-thirds of the water elements would be retained.

 

The revised development scheme, however, has merely created a 500mm x 500mm squared indentation. It is anticipated that up to only half of the existing water elements could be retained by such a solution.

 

1st floor rear balcony

There is a rear balcony at the first level of No. 33 Sackville Street. At present, the balcony captures broad ocean views punctuated by existing vegetation on the adjoining property and local buildings, as well as part of the Malabar headland. The approved development (DA/507/2010) at No. 2 Beaumond Avenue will significantly reduce the amount of water views and completely obscure the Malabar headland.

 

Photograph 3: existing views captured from the rear balcony at first level of No. 33 Sackville Street; the existing building on the subject site is seen on the left hand side of the photograph

 

The existing building on the subject site is setback 2.9m from the south-western boundary. The proposed building will increase the setback to a minimum of 3.5m. In this respect, the proposal would slightly increase water views to the balcony in question. As the proposal will improve views to this balcony, no further view loss assessment for the balcony is deemed necessary.

 

Step 2: 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 views from the bedroom in question are obtained across the side boundary of the subject site. The views are obtained generally with a person standing. A smaller extent of the water elements is visible at a sitting position. 

 

Step 3: 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 areas (though views from kitchens 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.”


Based on the above analysis, it is anticipated that up to only half of the existing water views from the bedroom window would be retained by the current amended design.

 

The proposal will slightly increase water views to the rear balcony at the first level. 

 

Step 4: 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 non-compliance 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 views currently enjoyed from the first floor bedroom window of No. 33 Sackville Street are obtained across the side boundary of the subject site, which under the planning principle, are much more difficult to retain, especially in an established residential neighbourhood in the inner metropolitan area.

 

The views anticipated to be lost from the window consist of distant sky-water interface. However, these views are considered to be general water views and are not iconic in nature as defined in the planning principle. Additionally, the views in question are already restricted by the buildings in the area.

 

The views are obtained from a window off the bedroom, and are not one that is captured from the main living areas.

 

Based on the above, it is considered that the complete retention of the views in question is not warranted in this instance.

 

Notwithstanding, the proposed development exceeds the FSR standard by 0.34:1. There is opportunity for adjustments to the floor space and built form to improve view sharing with No. 33 Sackville Street. As discussed above, by splaying the northern corner to the master bedroom of Unit 2, approximately two-thirds of the water views would be retained. Therefore, a special condition is recommended to require splaying of the building corner to the above effect, in order to achieve adequate view sharing with the neighbouring property. The view loss impact would be brought to a reasonable level via the above change.

 

In conjunction with the improvement to the views captured from the rear balcony at the first level of No. 33, the amended proposal is considered to be acceptable, subject to the aforementioned condition.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Leadership in sustainability, excellence in urban design and development.

Direction:  Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development complies with the relevant objectives and performance requirements of DCP – Dwelling Houses and Attached Dual Occupancies. The proportions, massing, colours, materials and finishes of the development are generally acceptable.

 

However, the stairwells to the rooftop level would be prominently visible from the surrounding areas despite being recessed from the edges of the building. The rooftop elements are not consistent with the architectural form of the building and would not contribute to a positive streetscape outcome. The terraces would also enable overlooking into the adjoining dwellings. Therefore, a special condition is recommended to require deletion of the rooftop terraces and associated stairwells.

 

A further condition is recommended to require splaying of the northern corner at the first level of the building, in order to improve view sharing with the adjoining dwelling at No. 33 Sackville Street.

 

The proposal will not result in significant adverse impacts upon the amenity of the coastal foreshore and surrounding properties in terms of view loss, solar access and privacy, subject to the recommended conditions.

 

The submitted SEPP 1 Objections relating to minimum allotment sizes, FSR and external wall height have been reviewed and are considered to be well founded.

 

Therefore, the application is 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 Clauses 20B(1), 20B(4), 20F(1) and 20G(3) of Randwick Local Environmental Plan 1998 (Consolidation), relating to minimum allotment size for subdivision, minimum allotment size for attached dual occupancy, floor space ratio and external wall height respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning and Infrastructure 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. 406/2011 for demolition of existing structures and construction of a part 3- and part 4-storey attached dual occupancy comprising 1 x 3-bedroom and 1 x 4-bedroom dwellings, car parking for 4 vehicles, rooftop terraces, swimming pool, landscaping and associated works and Strata subdivision into 2 allotments, at 35-37 Sackville Street, Maroubra, subject to the following conditions:

 

Conditions of Consent

 

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

Dated

Received

Prepared By

DA2000(D)

Sep 2011

31 October 2011

Sgammotta Architects

DA2001(D)

Sep 2011

DA3000(D)

Sep 2011

DA4000(D)

Sep 2011

Draft Strata Plan (B)

Undated

7 November 2011

LA01(A)

23.05.2011

3 June 2011

Taylor Brammer Landscape Architects

 

BASIX Cert. No.

Project Name

Dated

Received

378686M_02

35-37 Sackville Street, Maroubra_02

10 November 2011

11 November 2011

 

External Colours, Materials & Finishes

2.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the Colour Schedule, prepared by Sgammotta Architects and stamp-received by Council on 31 October 2011.

 

Amendment of Plans & Documentation

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

 

(i)   The northern external wall corner to the “Master Suite” of Unit 2 at the first floor of the building shall be splayed in accordance with the marking in red on the approved plans, in order to improve view sharing with the adjoining dwelling at No. 33 Sackville Street.

 

(ii)  The internal roller doors to the individual garages shall be setback a minimum of 1000mm from the access aisle within the basement, in order to provide additional maneuvering space for vehicles entering and exiting the garages.

 

(iii) The proposed planting along the north-western side boundary, which is adjacent to the south-eastern windows of the adjoining dwelling at No. 33 Sackville Street, shall have a mature height of not more than 3 metres, in order to minimize obstruction of distant views from the windows of the aforementioned property.

 

Section 94A Development Contributions

4.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,100,000, the following applicable monetary levy must be paid to Council: $11,000.

       

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.

 

 

BASIX Requirements

5.       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.

 

6.       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 has been fulfilled.

 

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

 

External Lighting

7.       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.

 

Street Numbering

8.       Street numbering must be provided to the front of the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council.

 

Waste Management

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

 

The following conditions are applied to ensure that the development satisfies relevant legislative requirements and to provide reasonable levels of health, safety and amenity:

 

Building regulation and construction site management

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.     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.

 

12.     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.

 

13.     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.

 

14.     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.

 

15.     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.

 

16.     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.

 

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 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.

 

18.     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.

 

19.     Prior to issuing an interim or final Occupation Certificate, a single and complete Fire Safety Certificate, which encompasses all of the essential fire safety measures contained in the fire safety schedule must be obtained and be submitted to Council, in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000. A copy of the Fire Safety Certificate must be displayed in the building entrance/foyer and a copy of the Fire Safety Certificate must also be forwarded to the NSW Fire Brigades.

 

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

 

20.     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.

 

21.     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.

 

22.     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 33 Sackville Street Maroubra (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.

 

23.     A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to an occupation certificate being issued, which certifies that the building works satisfy the relevant structural requirements of the Building Code of Australia and approved design documentation.

 

24.     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”.

 

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

 

26.     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.

 

27.     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.

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

 

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

 

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

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

 

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

 

30.     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.     A Construction Noise & Vibration Management Plan, prepared in accordance with the Department of Climate Change Guidelines for Construction Noise and Assessing Vibration, by a suitably qualified person, is to be developed and implemented prior to commencing site work and throughout the course of construction, to the satisfaction of the Council.

 

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

 

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

 

b)     The Construction Noise & Vibration Management Plan must include details of measurements, analysis and relevant criteria and demonstrate that the noise and vibration emissions from the work satisfy the relevant provisions of the Protection of the Environment Operations Act 1997, current DECC Guidelines for Construction Noise and Assessing Vibration and Councils conditions of consent.

 

c)     A further report/correspondence must be obtained from the consultant as soon as practicable upon the commencement of works, which reviews and confirms the implementation and suitability of the noise and vibration strategies in the Construction Noise & Vibration Management Plan and which demonstrates compliance with relevant criteria.

 

d)     Any recommendations and requirements contained in the Construction Noise & Vibration Management Plan and associated reports are to be implemented accordingly and should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to Council and the PCA.

 

A copy of the Construction Noise & Vibration Management Plan and associated acoustic/vibration report/s must be maintained on-site and a copy must be provided to Council and the Principal Certifying Authority accordingly.

 

32.     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.

 

33.     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.

 

34.     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.

 

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.

·       Landscaping and revegetation of disturbed areas.

 

36.     A Registered Surveyor’s check survey certificate or compliance certificate is to be obtained at the following stage/s of construction, to demonstrate compliance with the approved setbacks, levels, layout and height of the building, to the satisfaction of the Principal Certifying Authority:

 

§   prior to construction of the first constructed floor/floor slab (prior to pouring of concrete),

§   prior to construction of each additional new floor level,

§   upon completion of the building, prior to issuing an occupation certificate,

§   as may be required by the Principal Certifying Authority.

 

The survey documentation must be forwarded to the Principal Certifying Authority and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority.  

 

Occupant Safety

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

 

Options may include one or more of the following measures:

 

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

38.     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.

 

39.     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.

 

40.     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.

 

41.     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

42.     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.

 

Swimming Pool

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

 

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

 

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

 

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

 

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

 

44.     Written notification must be provided to Council advising of the installation and completion of the Swimming Pool (or Spa Pool), to satisfy the requirements of the Swimming Pools Act 1992, prior to issuing an Occupation Certificate.

 

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

 

45.     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.

 

46.     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.

 

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

47.     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)   $2000.00   -      Damage / Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

48.     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.

·      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.

 

49.     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.

 

50.     Any new walls constructed at the northeast corner of the site are to be constructed with a 1.5m x 1.5m splay should they be greater than 0.90m in height above the existing Council footpath level at this location. Compliance with this requirement is to be shown on the plans submitted for the Construction Certificate.

 

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

 

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

 

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

 

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

 

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

 

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

52.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level at the property boundary for driveways, access ramps and pathways or the like, must be as follows:

 

Sackville St Frontage - match the back of the existing Council footpath level along the Sackville Street site frontage.

 

Beaumond Ave frontage - match the back of the existing Council footpath level along the Beaumond Avenue site frontage

 

53.     The design alignment levels issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to. A construction note is considered satisfactory.

 

54.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $947.00 calculated at $46.00 (inclusive of GST) per metre of site frontage. This amount is to be paid to Council prior to a construction certificate being issued for the development.

 

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

55.     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.

 

56.     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.

 

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

 

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

 

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

 

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

 

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

 

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

       

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

        

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

 

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

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

 

The location and details of the proposed internal stormwater pipelines and silt arrestor pit shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development.

 

Notes:

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

 

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

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

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

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

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

 

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

 

Notes:

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

 

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

 

61.     Seepage water must not be collected and discharged from the site.

 

62.     If any temporary dewatering of the site is required to facilitate construction of any part of the basement car park and/or detention tank a licence under Part V of the Water Act 1912 will be required. The licence must be obtained from the NSW Department of Water and Energy prior to installation of the works. A copy of the license agreement must be forwarded to Council prior to any dewatering being undertaken.

 

63.     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.

 

The following condition is applied to provide adequate provisions for waste management:

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

 

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

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

 

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

 

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

 

68.     The applicant shall provide Council with a survey plan of the property prior to receiving strata subdivision approval.

 

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

69.     The PCA must ensure that landscaping at this site is installed substantially in accordance with the Landscape Plan by Taylor Brammer Landscape Architects, dwg no LA01, issue A, dated 23.05.11, prior to the issue of a Final Occupation Certificate, with the owner/s to maintain it in a healthy and vigorous state until maturity.

 

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

 

Tree Removals