Planning Committee Meeting
Supplementary BUSINESS PAPER
LATE DEVELOPMENT APPLICATION REPORT
D184/11 330 ANZAC PARADE, KENSINGTON
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
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.
D184/11 330 Anzac Parade, Kensington (DA/739/2011)
Development Application Report No. D184/11
Subject: 330 Anzac Parade, Kensington (DA/739/2011)
Folder No: DA/739/2011
Author: Wendy Wang, Environmental Planning Officer
Proposal: Site preparation and early works for Kensington Colleges re-development at UNSW comprising demolition of existing building structures, tree removal, excavation and piling, removal of contaminated fill material, removal of Gate 6 Avenue, and erection of site hoardings and amenities
Ward: West Ward
Applicant: The University of New South Wales
1. Executive Summary
The subject proposal is referred to the Planning Committee as the estimated development cost is more than $2 million.
The site is located within the UNSW Kensington Campus between Fig Tree Lane (Gate 4 Avenue) and Gate 7 Avenue on High Street, and is strategically located within the regionally significant hub of the Randwick Education and Health Specialised Centre. High Street is identified as a main vehicular ‘spine’ to the Specialised Centre, and currently facilitates access from Anzac Parade to the eastern suburbs of Randwick and Coogee.
The subject application is the first of a two-stage application process proposing early works for the Kensington Colleges Redevelopment Project, involving demolition of existing building structures, excavation and other site preparation works. The early works activities are permissible within the zone, and are also permissible ancillary functions to University-related uses.
The owners of adjoining and neighbouring properties were notified of the proposed development from 5 October – 19 October 2011 in accordance with the DCP – Public Notification. As a result of this notification, no submissions were received.
The site is zoned Special Uses No. 5 under RLEP 1998 (Consolidation) and the proposal is permissible with Council’s consent. The current proposal does not involve the construction of any permanent buildings and by its nature will not have any long term adverse implications on the character of the locality.
The development site is surrounded by student accommodation, sports facilities and institutional buildings associated with the UNSW. As such, any future student housing development on the site will not detract from the predominant character of the campus. Any potential impacts from the future buildings on the site will be fully assessed as part of a separate development application.
The proposal involves bulk excavation. The submitted information indicates that the landfill materials on the site contain asbestos and other contaminates of concern. Specific conditions are recommended to ensure that the contaminated materials are adequately disposed of and that the land will be remediated to a suitable level.
The site has been identified as being partly within a Mixed Use Precinct (northern portion of the site), and partly within an Academic Core Precinct (southern portion of the site). The Mixed Use Precinct aims to reflect a combination of Campus related activities, while the Academic Core Precinct provides a focused core for research and academic-related uses. A key strategy for the Mixed Use Precinct is to provide residential accommodation facilities on the edge of the Campus. Larger building footprints are envisaged for buildings in the Academic Core Precinct.
The distribution of land uses within the campus as envisaged in the DCP is conceptual in nature and the suitability of the student housing use will be further assessed as part of a future development application.
The application is recommended for approval subject to conditions. As the proposal is a Crown application pursuant to Section 116 of the Environmental Planning and Assessment Act 1979 (as amended), the University has concurred with the conditions included in the recommendation.
The proposed development meets the objectives and performance requirements of relevant State and Local planning controls and is recommended for approval subject to conditions.
2. The Proposal
The proposed development is for the undertaking of various site formation and preparation works, which are intended to facilitate construction of student accommodation in the near future. The proposal includes the following elements:
· Trim/removal of trees and shrubs;
· Site hoardings and amenities established;
· Demolition of existing Goldstein College and Basser College;
· Removal of Gate 6 Avenue;
· Excavation and perimeter shoring including perimeter capping beam; and
· Removal of any contaminated fill material in accordance with the recommendations made by Coffey Environmental contained in this report, and a Remediation Action Plan (to be provided at a later stage).
3. The Subject Site and Surrounding Area
The University of New South Wales is located at the eastern end of the lower Campus fronting High Street. The Campus is situated between three town centres being Kensington to the north, Kingsford to the south, and Randwick to the east. In addition to the proximity of the site to these neighbouring town centres.
High Street forms the northern edge to the Campus, while Botany Street and Anzac Parade form the eastern and western edges respectively. Barker Street defines the main southern edge to the lower Campus. Residential development adjoins the Campus to the south, west and east. The Randwick Racecourse directly adjoins the Campus to the north. The Randwick Hospitals Campus lies further east of the Campus, along with Randwick Girls and Boys High Schools to the southeast. The south-western corner of the Campus adjoins the northern end of Kingsford Town Centre, along Anzac Parade. The lower Campus is relatively flat terrain; however it rises steeply to the upper Campus to the east. The subject development site is located at the interface between the lower and upper Campus.
The subject development site is located at the eastern end of the lower Campus, bound by Fig Tree Lane to the west and Gate 7 Avenue to the east. The site is situated along the eastern boundary of Lot 3, DP 1104617.
Presently, the site is being utilised for student accommodation (Basser College and Goldstein College) and Goldstein Hall. Goldstein Hall is located at the south-western corner of the site, but does not form part of the Kensington Colleges Redevelopment project.
The existing characteristics of site include:
· One allotment under freehold ownership by UNSW;
· An area (excluding Goldstein Hall) of approximately 10,979sqm;
· A northern frontage of approximately 110m in width and 115m in depth;
· Significant grade change of 12m from the eastern to western site boundary, and a grade change of 1.5m from High Street to the southern site boundary;
· Location of Gate 5 Avenue and Gate 6 Avenue currently intersecting the site in a north-south fashion, with Gate 7 Avenue running along the eastern site boundary; and
· Existing vegetation along the High Street frontage and scattered across the site of varying qualities, and a row of significant and mature fig trees outside the site boundary along Fig Tree Lane identified on Council’s Significant Tree Register (Volume 3).
Aerial view of the subject development site
Surrounding land uses and activities
· Fig Tree Lane providing vehicular servicing/loading and pedestrian access, which traverses the western site boundary;
· UNSW Village student accommodation development and the Old Tote Courtyard Heritage Conservation Area located to the west of the site;
· An existing UNSW express bus stop situated to the east of the site on High Street;
· Morven Brown Building to the east, and Central Lecture Theatre Block to the south-east of the site;
· Electrical Engineering Building to the south of the site;
· Quadrangle Building and Lawn to the south-west of the site; and
· East-west pedestrian thoroughfare (forming Basser Steps) directly adjoining the site to the south.
4. Site History
The University has an extensive development history and has been the subject of a series of facility upgrade and development works. The subject development site has, and is currently being utilised for student accommodation.
5. Community Consultation
The owners of adjoining and neighbouring properties were notified of the proposed development from 5 October – 19 October 2011 in accordance with the DCP – Public Notification. As a result of this notification, no submissions were received.
6. Technical Officers Comments
The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-
6.1 Development Engineers
The application was referred to Council’s Development Engineers for comment. No objections were raised subject to conditions with any approval. The following comments were made:
Development Engineers Comments
Additional information has been received for site preparation and early works for the Kensington Colleges re-development at UNSW, comprising demolition of existing buildings, tree removals, excavations & piling, removal of contaminated fill, removal of Gate 6 Ave & erection of site hoardings & amenities.
This report is based on the following plans and documentation:
· SEE by Urbis, job code SA4549 dated September 2011;
· Revised Arboricultural Impact Assessment by Footprint Green Pty Ltd, dated 20 September 2011;
· Streetscape Study by Bates Smart dated 25 November 2011;
· Additional Information re: Tree Removal & Setbacks by Urbis, pages 1-5, dated 28 November 2011
Tree & Landscape Comments
Council’s previous Tree & Landscape Report dated 17 November 2011 stated that while there was general agreement on those trees to be either removed or retained as part of the proposal, Council could not support the loss of Tree 2 (Eucalyptus sp) & Trees 22-24 (Populus deltoides) due to a combination of their size and prominence in the local environment and UNSW grounds, and just as importantly, because they had been assigned a “high & highest retention priority” respectively in the UNSW DCP dated 16 April 2007, as shown on Figure 5.6.a.
At a joint site meeting of 25 November 2011, Council detailed the need for the UNSW to comply with Point 5.5.a of the DCP, which specifies that such “vegetation can only be removed based on detailed arborists assessments, if there is no other design option, and in conjunction with agreed replacement or compensation strategies”.
As a result, additional information in the form of a Visual Streetscape Study and a detailed supporting letter has been received, and lists the following reasons why the current design justifies removal of these four trees:
§ Ability to reduce the number of driveways on High Street for safety reasons, retaining only Gate 5 to provide direct access to the architectural significant Goldstein Hall, which achieves the objectives in Section 5.13 of the DCP;
§ Provide direct pedestrian access from High Street, through the re-development to the Quadrangle lawn;
§ Allow the Basser steps to be widened, which is a main east-west route that also contains significant campus infrastructure;
§ Provide an active urban edge to High Street, both as a design principle to allow meaningful activation and engagement, which will also improve safety, security and surveillance to the main pedestrian entrance, which is another DCP objective;
§ Retaining the 3 “highest retention priority” trees, 22-24, would create an awkward, unusable space, and would also significantly reduce the width of the development, building separation, size of the internal courtyard, solar access and space for new plantings;
§ Setbacks in the order of 15-30m would be required from these trees if their retention was sought, which would have significant impacts on the design, layout and function of the entire proposal;
§ Will provide significantly more usable open space and landscaped areas than is currently provided.
The applicant is deemed to have demonstrated compliance with the objectives of the DCP by exploring and explaining all available design options, and on this basis, consent has now been reluctantly granted for the removal of Trees 2 & 22-24 in order to accommodate the proposed works as shown, meaning that 31 of 40 trees will be lost, with 9 to be retained.
A replacement landscape scheme, both to compensate for the loss of these existing trees as well as to complement and enhance the appearance of the proposed works and assist with its integration into the area will be provided under separate cover as part of the Main Works DA, and will not only deal with internal areas, but will also propose a row of street trees and other landscape initiatives along the High Street frontage as a main component.
6.2 Environmental Health Officer
The subject application has been referred to Council’s Environmental Health Officer for assessment. The comments provided are extracted below:
Environmental Health Comments
The application seeks approval to carry out early works including demolition of the existing building structures excavation and other site preparation works.
An additional site assessment dated 6 May 2011 preliminary, at Basser and Goldstein Collages University of NSW, Kensington, Coffey Environments.
Contaminants of concern (COC) are petroleum hydrocarbons(TPH),benzene, toluene, ethlbenzene and xylenes (TEX), polycyclic aromatic hydrocarbons (PAH), metals and asbestos.
The scope of the work conducted for the soil contamination assessment included supplementing previous data and preliminary waste classifications of material to be excavated.
The scope of work included:
· Site inspection;
· Site search and underground service clearance prior to drilling;
· Drilling and sampling of 20 boreholes;
· Laboratory analysis of soil samples;
· Data assessment and reporting.
During site inspections no evidence of contaminating activities were observed.
The report concludes the site can be made suitable for the intended use for the proposed student accommodation subject to management and/or remediation of the hot spots of areas of concern including the area containing identified asbestos.
A Remediation Action Plan – Basser and Goldstein Colleges, University of NSW, dated 28 September 2011 and prepared by Coffey Environments Australia Pty Ltd was also received by Council on 21 October 2011.
As remediation action plan and more detailed site investigation have been carried out original conditions have been altered to address the current contamination investigations.
Noise from the proposed works is to be covered by the Building Compliance Section.
The appropriate nominated conditions are applied to maintain reasonable levels of environmental health, safety and amenity.
6.3 Building Surveyor
The subject application has been referred to Council’s Building Surveyor for assessment. The comments provided are extracted below:
Building Services comments
Demolition of the existing 4 storey brick “Kensington Colleges” and the construction of retaining walls in conjunction with site preparation for a future development.
BCA Building Classification
Class 2 – Residential units
Description of the Building
In summary, the building works incorporate:
§ Masonry retaining walls
Building Code of Australia (BCA):
Full details of compliance with BCA are not included in the DA documentation and therefore further detailed information is required to be incorporated in the documentation for a construction certificate.
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.
Should the approval be granted to the application, the appropriate nominated conditions should be included in the development consent.
7. Site Specific Development Control Plans
Clause 40A(1) provides that the consent authority must not grant approval to a development application made in respect of a site consisting of more than 10,000m2 of land, unless a site specific development control plan is in place. The UNSW campus has an overall land area of more than 10,000m2. The subject development site accounts for approximately 4500m2 in area. Council has adopted the DCP for the UNSW Kensington Campus, which became effective on 16 April 2007. The relevant provisions of the aforementioned DCP have been addressed within the body of this report.
8. Relevant Environmental Planning Instruments
The Development application has been assessed in accordance with the provisions of the following relevant planning documents:
8.1 Crown development applications (Section 89)
The proposal is development under Section 89 of the Environmental Planning and Assessment Act (Crown development).
A Consent authority, in respect of a development application made by or on behalf of the Crown or a prescribed person, must not:
(a) refuse its consent to the application, except with the written approval of the Minister, or
(b) impose a condition of its consent, except with the written approval of the Minister or applicant.
As the proposed consent for this application will impose a number of conditions to ensure that the development complies with all controls and relevant standards, these conditions have been referred to the applicant for comment in November 2011 for concurrence of the University. The University has responded to the draft conditions of consent and given its concurrence.
8.2 Randwick Local Environmental Plan 1998 (Consolidation)
Clause 17 Zone No. 5 (Special Uses Zone)
The subject site is zoned Special Uses No. 5 under RLEP 1998 (Consolidation). The proposed development involves various site formation and preparation works to facilitate the provision of student accommodation, which will be ancillary to the primary educational function of the Kensington Campus. Under Clause 17(3), earthworks and educational establishments are identified as permissible uses within Zone No. 5.
The zoning objectives listed under sub-clause (1) are addressed as follows:
(a) To accommodate development by public authorities on publicly owned land, and The proposal is initiated by a public university on land owned by the Crown.
(b) To accommodate development for educational, religious, public transport or similar purposes on both publicly and privately owned land, and
The proposed works aim at facilitating student accommodation development, which will be associated with and ancillary to the tertiary educational use of the university campus.
(c) To enable associated and ancillary development, and
The proposed works aim at facilitating student accommodation development, which will be associated with and ancillary to the tertiary educational use of the campus site.
(d) To allow for a range of community uses to be provided to serve the needs of residents, workers and visitors, and
The proposed works aim at facilitating future student accommodation development on the site, which would include a range of ancillary facilities for the residents and staff.
(e) To allow for the redevelopment of land no longer required for a special use.
The development site will continue to be used for education related purposes.
Clause 37A Development in Special Uses Zone
Clause 37A provides that consent may be granted to the development of land within Zone No. 5 only if the consent authority is satisfied that the proposal is compatible with the character of the locality, and will not adversely affect the amenity of nearby and adjoining development.
The current proposal does not involve the construction of any permanent buildings and by its nature will not have any long term adverse implications on the character of the locality. The proposal aims at facilitating student accommodation development on the site in the near future.
The development site is surrounded by student accommodation, sports facilities and institutional buildings associated with the UNSW. More specifically, the areas immediately west have been developed with a large scale student accommodation development (known as “UNSW Village”). Therefore, any future student housing development on the site will not detract from the predominant character of the campus. Any potential amenity impacts from the future buildings on other campus facilities and the public domain will be fully assessed as part of a separate development application.
Clause 40 Earthworks
Clause 40 provides that when determining an application for the carrying out of earthworks, the consent authority must consider the likely disruption of existing drainage patterns and soil stability in the locality, and the effect of the proposed works on the likely future use of the land.
The proposal involves bulk excavation to remove the surface bitumen and underlying sub-grade materials and fill. The works are intended to facilitate future student housing development on the site.
Council’s Development Engineer and Building Surveyor have assessed the application and raised no objection on engineering or safety grounds. Specific conditions are recommended to ensure that suitable retaining walls and protection measures are implemented during works on the site.
The proposal is not considered to adversely impact on the drainage pattern and use of the land, subject to the recommended engineering and construction management conditions.
8.3 State Environmental Planning Policy No. 55 Remediation of Land
SEPP No. 55 aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment.
The submitted: -
· ‘Additional Site Assessment – Basser and Goldstein Collages University of NSW, Kensington’, prepared by Coffey Environments, dated 6 May 2011 and received by Council on 27 September 2011,
· Remediation Action Plan – Basser and Goldstein Colleges, University of NSW, prepared by Coffey Environments Australia Pty Ltd, dated 28 September 2011 and received by Council on 21 October 2011.
Indicate that the landfill materials on the site contain asbestos and other contaminates of concern. The reports conclude the site can be made suitable for the intended use for the proposed student accommodation subject to management and/or remediation of the hot spots of areas of concern including the area containing identified asbestos. Specific conditions are recommended to ensure that the contaminated materials are adequately disposed of and that the land will be suitably remediated. Refer to the comments from the Environmental Health Officer for further details.
9. Policy Controls
9.1 UNSW Kensington Campus Development Control Plan
The UNSW Kensington Campus DCP applies to the proposed development. The relevant provisions of the DCP are addressed as follows:
Campus Design Principles and Provisions
The proposal will retain the existing mature fig and gum trees along the northern extremity of the development site, which have been identified as having significant landscape values in the DCP (being Trees 12 to 18 as identified in the submitted Arborists report).
There are a total of 40 trees at this site that were assessed as part of the proposed early works application, with the Arborists Report identifying 31 for removal and 9 for retention.
The subject early works development application seeks to remove 4 mature trees identified as ‘high retention priority’ and ‘highest retention priority’ as per Section 5.6a of UNSW DCP 2007.
(Trees 2, 22, 23 and 24 – one Eucalyptus species (Gum Tree) and 3 x Populus deltoides (Cottonwoods)).
Given the size and retention rating given to these trees by the UNSW DCP, it was considered to be important that all feasible design options should be investigated to facilitate retention of these trees and the heritage landscape values of the site.
Following a meeting between Council and representatives of the University on 25 November 2011, supplementary information was received from the applicants (Urbis Pty Ltd) outlining various justifications for the removal of the trees.
Detailed site inspections have been carried out by Council Officers and the additional information, received by Council on 28 November 2011 has been assessed by Councils Landscape Engineer. No objections were raised and relevant comments and conditions have been included within the body of this report (refer to sections 6.1 and ‘recommendations’)
The proposal also involves the removal of contaminated landfill from underneath the ground to ensure the site is suitable for residential uses. Accordingly, the proposed development is considered to contribute to environmental sustainability.
Sense of place
- Improve frontage with major new buildings that are to define major new gathering spaces
- Variety of uses including university, housing and publicly accessible facilities
- Numerous new entries to relate to public transport
The proposed early works will facilitate student housing development on the site in the near future. The future development could improve the definition of High Street and Gate 6 Avenue and High Street with an articulated built form and active frontages.
It is anticipated that the future student housing development would incorporate publicly accessible facilities ancillary to the university and would contribute to creating a “hub” character.
The future building is located adjacent to the High Street boundary of the campus, and is capable of providing new pedestrian entries addressing the street frontage.
High Street Interface
The proposal will facilitate a development that satisfies the provisions of the DCP relating to the High Street interface, as:
· It will facilitate the redevelopment of the site to improve its frontage to High Street, by providing a defined built form edge to the street;
· It will facilitate student housing and associated uses on the site (including ground floor University uses), which will strengthen UNSW student accommodation offer;
· It will consolidate vehicular/pedestrian entries off High Street to allow for a more consistent built form edge to be established;
· It will facilitate a development capable of continuing the existing wall height established by adjacent student accommodation development along High Street (UNSW Village ), and provide defined building corners and an articulated edge to the street.
- An enlarged Old Tote Courtyard
- Engage or terminate view corridors at the street boundary of the subject development site
The DCP requires the subject development site to create a terminating focal point to the street. It is considered that any future building development on the site would appropriately address the High Street frontage.
The proposed early works will facilitate a
development that enhances views into the Campus, by framing development along the existing Fig Tree Lane and Gate 7 Avenue, and promoting views to the Campus through Gate 5 Avenue (consolidating Gate 5 and Gate 6 Avenues).
The proposed early works appear to complement the strategic intent for the enlargement of Old Tote Courtyard, as the proposal locates student housing adjacent to the Courtyard. The Courtyard will be a major focus for future housing and community uses.
The developments impacts t views and legibility will be subject to a separate development application.
Knowledge clusters and hubs
- Hubs to be
consolidated/enlivened or emerge
as redevelopment occurs – The
Quadrangle and Old Tote Courtyard
The early works will facilitate a development that expands The Quadrangle Cluster to include residential uses and an improved relationship with Goldstein Hall, consistent with the strategic intent of this hub.
Old Tote Courtyard
The early works will facilitate a development that complements the strategic intent for the enlargement of Old Tote Courtyard, as the proposal locates student housing adjacent to the Courtyard. The Courtyard will be a major focus for future housing and community uses, and the proposal will facilitate an enlivened hub at the Old Tote Courtyard.
- New buildings are not to impinge
on or harm existing significant trees
- Trees along gate 6 Avenue and Fig Tree lane are designated as having “highest retention priority” (Figure 5.6a).
The significant row of Moreton Bay figs along Fig Tree Avenue adjacent to the subject site are listed on the Significant Tree Register, Volume 3. These trees, as well as two trees within the Goldstein Hall Courtyard, and one significant tree at the corner of Gate 7 Avenue and High Street, will not be removed or affected by the proposal during the demolition and excavation stage.
Detailed tree protection measures for trees indicated for removal as recommended by the Arboricultural Impact Assessment will be implemented during construction works.
The site accommodates two categories of trees as identified in Figure 5.6a (DCP 2007) as being of a ‘high retention priority’ (corner of Gate 6 Avenue and High Street) and of the ‘highest retention priority’ (between Gate 5 and Gate 6 Avenue).
As outlined in the ‘sustainability’ section above, the subject application seeks to remove 4 mature trees identified as ‘high retention priority’ and ‘highest retention priority’ as per Section 5.6a of UNSW DCP 2007.
Following a meeting on site between Council and the University on 25 November 2011, where additional plans and perspectives (prepared by Bates Smart Architects and by Aspect Landscape Architects) were presented, additional information was received on 28 November 2011 indicating that the following key design issues prevented the retention of these trees: -
· In order to reduce the potential for traffic conflict along High Street and to improve pedestrian safety, it was seen as important to reduce the number of driveway entries to High Street (this is also an objective sought within Section 5.13 of the DCP). As Goldstein Hall was identified for retention, and its existing service area can only be accessed from Gate 5, the retention of this gate was seen to be critical. As such, in order to retain the ‘highest retention priority’ trees running north-south between Gates 5 and 6, an additional driveway for general vehicular access to the basement car park would be required. The retention of both internal roads would then conflict with the DCPs objectives with respect to pedestrian and traffic safety.
· The proposed design provides increased activity, surveillance and safety along pedestrian routes, as well as a convenient access path to a major nodal point within the UNSW Campus
· Upgrade of the Basser steps would necessitate the removal of the southern Poplar tree.
· The Basser Steps east-west route also accommodates significant campus infrastructure including (but not limited to) water, power, fibre optic, gas and telecommunication lines.
· Any significant servicing or a placement of such infrastructure in this location is likely to require the damage or removal of at least the southern-most Poplar tree in any case, which in-turn would necessitate its definite removal given its proximity to a highly traffic pedestrian area and the associated risks and liabilities.
· The significant setback of the development to retain the Eucalypt near Gate 6 would not allow meaningful activation and engagement with the street.
· Similarly, retention of the Poplar trees would require an additional 30m setback, and would not achieve a direct activation and relationship with the Basser steps frontage.
· Retention of the row of 3 ‘highest retention priority’ tress between Gates 5 and 6 would result in a small and unusable landscape strip within the site. If this were to occur (i.e.: if the internal roads to both Gates 5 and 6 were retained) the resultant width of the proposed development would be significantly reduced- thereby reducing the width and overall area of the common courtyard and decreasing building separation.
· The proposed replacement landscaping allows for significant central courtyard space and perimeter landscaping providing opportunities for both active and passive recreation whilst allowing optimum solar access.
The applicant’s justifications are considered to be reasonable and reflect a holistic approach to the overall design implementation despite removal of some trees classified by the DCP to be ‘high’ and ‘highest’ retention priority. The design and layout of the proposed built form and landscaped areas ensure that the landscape of the campus is valued and optimised for its role in the Campus experience of students, staff and visitors.
The appropriateness of the proposed landscaping layout and functionality will be subject to detailed assessment as part of a separate development application.
New buildings are to be located within the building location zones identified in Figure 5.8.
Figure 5.8 presents indicative building footprints for the subject development site. Based on the submitted site analysis plan, the future student housing development appears to demonstrate consistency with the preferred layout of the DCP.
The appropriateness of the proposed wall heights, layout, footprints and envelope of the future student housing development will be the subject to detailed assessment as part of a separate development application.
- Increase university housing on and near the campus to support sustainability principles, liveliness of campus, sense of community and increased affordability.
- New housing is to be focused on or near a hub with activities and facilities to meet student needs well beyond 9am to 5pm.
- On campus housing is to be located as indicated in Figure 5.10.
The proposed works will facilitate future student housing development on the subject site. The current proposal is considered to indirectly contribute to increased on-campus housing at the university.
The proposal is located adjacent to the Old Tote Courtyard hub, and close to the Quadrangle hub. A detailed assessment of the proposed activities on the site and their relationship to these activity hubs will be assessed as part of a separate development application.
The subject site is specifically nominated for student housing purposes in Figure 5.10 of the DCP. It is also located in close proximity to a recently completed large-scale student housing development (“The Village”), which incorporates a public square on the eastern side of Gate 2 Avenue.
The future student accommodation on the site will enable clustering of housing uses that maximises utilisation of student facilities, and is consistent with the strategic intent of the DCP to create activity hubs at key locations.
The appropriateness of the site for student housing purposes will be further assessed in detail as part of a separate development application.
Retail and services
- When opportunities arise over time, existing inappropriately located retail and services are to be relocated to hubs and the specific frontages identified in Figure 5.11.
- Provision of student services, such as student administration, accommodation, counselling,
enrolment, travel advice, are to be located to support the principles and the Campus Experience, especially in Hubs
Figure 5.11 shows an indicative retail strip further to the west of the development site along Fig Tree Lane and potential childcare centre to the east.
The land use distribution within the campus as indicated in the DCP is conceptual in nature and land use distribution of any future buildings on the site will be assessed as part of a separate development application.
University space to be potentially used for retail, administrative or teaching purposes, is proposed (indicatively and still subject to assessment) will be located at ground floor to activate the streetscape. A detailed assessment will be provided at the main works DA stage.
The current application will facilitate a development that locates student accommodation adjacent to an existing Hub (the Old Tote Courtyard), allowing the potential for various student services to be established.
Transport and parking
- Surface parking within the campus is to continue to be relocated to under new buildings or within structured car parks.
- All new DAs are to include an assessment of whether the proposal involves an increase in staff, student or other visitations to the campus.
- Parking demand for new
university accommodation is be based on student and staff
accommodation at or within 800m of the campus (1 space per 15 students/staff)
The site is proximate to an existing and proposed transport node along High Street. The existing bus stop on the northern side of High Street will be retained for local services, and a new bus stop is anticipated to be created on the southern side of High Street, for express bus services to and from the Sydney CBD and Campus.
The site is also identified as being suitable for potential basement car parking. An internal east-west pedestrian connection is proposed through the site (Access and Movement Map) that links the Old Tote Courtyard to the west with Gate 7 Avenue to the east.
The subject early works application will facilitate the development of student accommodation with basement parking. A
detailed assessment of the proposed parking arrangements will be provided at the main works DA stage (DA/748/2011). Detailed consideration of the parking issues are relevant in the consideration of the main works DA and will be assessed accordingly.
9.2 Randwick Section 94A Development Contributions Plan
The Section 94A Development Contributions Plan, effective from 2 July 2007, is applicable to the proposed development. In accordance with the plan, the following monetary levy is required:
Development cost more than $200,000
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’
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
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
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 have been addressed within the body of this report.
The proposed development is consistent with the educational function of the locality, and 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 university campus and has convenient access to the local and regional road network. The current proposal does not involve the construction of any permanent buildings; however it will facilitate student accommodation development in the near future. The subject site has appropriate size and dimension and 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
No submissions have been received.
Section 79C(1)(e) – The public interest
The proposal is not considered to result in unreasonable environmental, social or economic impacts on the locality, subject to the recommended conditions. Therefore, the development is considered to be within public interest.
Site works, construction and demolition related impacts
The development is likely to create noise, dust, traffic and general amenity impacts on the surrounding areas during works on the site. Standard construction and traffic management conditions have been recommended to ensure proper execution of works and to minimise any amenity impacts on the locality. Subject to compliance with the above conditions, the proposal is considered to be satisfactory in this regard.
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.
The proposed development complies with the objectives and performance requirements of relevant Local and State planning controls.
The proposed early preparation works are intended to facilitate future student housing development on the subject site, and are not considered to result in any long term adverse impacts on the environmental amenity of the surrounding areas. Appropriate conditions have been recommended to ensure proper construction and traffic management to minimise impacts on the locality.
The site is identified to contain hazardous contaminated materials in the sub-grade land fill. Specific conditions have been recommended to ensure adequate disposal of the contaminants and remediation of the land to a suitable level in accordance with relevant NSW legislation and Guidelines.
The proposal is considered to be satisfactory and is recommended for approval subject to conditions.
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/739/2011 for site preparation and early works for Kensington Colleges re-development at UNSW comprising demolition of existing building structures, tree removal, excavation and piling, removal of contaminated fill material, removal of Gate 6 Avenue, and erection of site hoardings and amenities, at No. 330 Anzac Parade, Kensington NSW 2033, subject to the following conditions:
Conditions of Consent
1. The development must be implemented substantially in accordance with the following plans:
, the application form and any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:
The following condition is applied to meet additional demands for public facilities:
2. In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $4,910,000, the following applicable monetary levy must be paid to Council: $49,100.
The levy must be paid in cash, bank cheque or by credit card prior to the commencement of construction / excavation works. The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment.
Council’s Section 94A Development Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.
The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulation 2000. The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Regulation 2000, must be fully complied with at all times:
3. 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.
4. All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).
5. Prior to the commencement of any excavation or building works, a suitably qualified person (i.e ‘relevant Certifying 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 satisfactory inspection must be carried out to the satisfaction of the appointed certifier or other suitably qualified person, 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 the critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council upon finalisation of the development.
6. 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 has been applied to ensure the structural adequacy and integrity of the proposed building works and adjacent premises:
7. 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 work and certifying the suitability and adequacy of the proposed design and construction of the building work for the site. A copy of the engineer’s report is to be submitted to the Council for its information.
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 for its information.
8. Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is obtained, prior to the 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 engineers report is to be submitted to the Council for its information.
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.
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:
9. 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 upon request.
10. A Certificate shall be obtained from a professional engineer and be submitted to the relevant Certifying body prior to occupation/use of the building works, which certifies that the building works satisfy the relevant structural requirements of the Building Code of Australia.
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,
§ name, address and telephone number of the Project Manager
§ a statement stating that “unauthorised entry to the work site is prohibited”.
12. The demolition, removal, storage, handling and disposal of building materials must be carried out in accordance with the following requirements (as applicable):
· 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.
· 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.
13. 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
· Waste disposal, recycling and re-use of materials
· 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 relevant Certifying body, 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.
14. 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 Certifying body prior to commencing such excavations or works.
15. 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.
16. 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 relevant Certifying Body.
17. 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) A Road / Asset Opening application must be submitted to and approved by Council prior to carrying out any works within or upon a road, footpath, nature strip or in any public place, in accordance with section 138 of the Roads Act 1993 and all of the conditions and requirements contained in the Road / Asset Opening Permit must be complied with.
The owner/builder must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council. For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.
g) 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.
h) The owner/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million. A copy of the Insurance cover is to be provided to the relevant Certifying body
18. Public safety must be maintained in areas affected by the works at all times for the duration of the works 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) 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.
b) 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.
c) A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the site which comprise:-
· any works or hoisting of materials over a public footway or adjoining premises, or
· any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.
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.
d) 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.
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.
19. A Construction Site Management Plan is to be developed and implemented prior to the commencement of any site 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 the relevant Certifying body. A copy of the Construction Site Management Plan must be maintained on site and provided to Council and the relevant Certifying body.
20. 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 relevant Certifying body 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.
21. 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.
22. All building, plumbing and drainage work must be carried out in accordance with the requirements of the Sydney Water Corporation.
The approved Construction 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 plans and Structural Engineering details must be amended to satisfy the requirements of Sydney Water.
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 is required to ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before the commencement of any works.
The following conditions are applied to maintain reasonable levels of environmental health, safety and amenity:
23. The land must be remediated in accordance with the Remediation Action Plan – Basser and Goldstein Colleges, University of NS W, dated 28 September 2011 and received by Council on 21 October 2011, prepared by Coffey Environments Australia Pty Ltd. Any alterations to the RAP are to be assessed and approved by the Accredited Site Auditor prior to commencement of the remediation works.
24. Coffey’s contamination assessment conducted on the site between August 2010 and April 2011 must be submitted to Council prior to the commencement of any remediation works.
25. The Remediation Action Plan – Basser and Goldstein Colleges, University of NSW, dated 28 September 2011 and prepared by Coffey Environments Australia Pty Ltd is 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 prior to any remediation works commencing, 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.
a) 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,
· Site management planning,
· Ground water remediation, dewatering, drainage, monitoring and validation,
· Unexpected finds.
b) 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.
c) The land 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.
d) A Site Audit Statement (SAS) and Site Audit Report must be submitted to Council, prior to commencing any construction works (other than works associated with demolition or shoring work, piling work, retaining structures or other work which is necessary to carry out the remediation works).
e) 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.
f) 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.
g) 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
· disposable 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.
h) 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).
i) 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).
j) 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).
k) 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.
26. 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 satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:
27. The use and operation of the premises shall not give rise to an environmental health or public nuisance.
28. There are to be no emissions or discharges from the premises which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.
The following conditions are applied to provide adequate security against damage to Council’s infrastructure:
29. The following damage/civil works security deposit requirement is to 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; 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) $10000.00 - 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.
The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.
The following conditions are applied to provide adequate provisions for access, transport and infrastructure:
30. 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.
31. 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 the completion of the works, 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 completion of the development, or as otherwise approved by Council in writing.
32. Prior to the commencement of works, the applicant shall submit for approval and have approved by Council's Traffic Engineer a construction traffic management plan. The plan must be prepared in consultation with Council’s Development Engineer Coordinator and shall demonstrate how construction and delivery vehicles will access the development site during the demolition and construction phase of the development.
All traffic associated with the subject development shall comply with the terms of the approved construction traffic management plan.
The following conditions are applied to provide adequate provisions for future civil works in the road reserve:
33. The Council’s Development Engineer has inspected the above site and has determined that the design alignment level (concrete/paved/tiled level) at the High Street property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage.
The design alignment level at the property boundary must be strictly adhered to.
36. The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the roadway/kerb/footpath must be indicated on the construction plans.
The following conditions are applied to provide adequate consideration for service authority assets:
34. 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.
35. 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.
36. Documentary evidence from the relevant public utility authorities confirming that their requirements can be satisfied, must be submitted to the relevant certifying body prior to the commencement of works.
37. A Road/Asset Opening Permit must be obtained from Council prior to carrying out any public utility service 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 completion or use of the works.
For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.
The following conditions are applied to provide adequate provisions for drainage and associated infrastructure:
38. As the above site is located in an area where the water table is adjacent to the base of the excavation, (and given that water table levels fluctuate), the basement carpark or similar structures must be suitably waterproofed to the satisfaction of the relevant certifying body.
39. Details of any proposed connection and/or disposal of groundwater or collected rainwater/stormwater from the excavation to Council’s external 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.
The subject 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 (e.g. A water licence from the Department of Planning/Department of Water & Energy).
· Details of compliance with any relevant approvals and licences
40. Prior to the commencement of any site works, the relevant certifying body must ensure that a professional Arborist who holds a minimum of AQF Level 5 in Arboriculture has been engaged for the duration of works 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 instructions given by the ‘site Arborist’.
41. Approval is granted for removal of Trees 2, 11-40, as identified in the Revised Arboricultural Impact Assessment by Footprint Green Pty Ltd, dated 20 September 2011 (“the Arborist Report”), in order to accommodate the proposed works as shown.
42. Where pruning of retained trees is required in order to avoid damage; or; for clearances reasons, it must be minimal and selective, performed only by the site Arborist, 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), and must also comply with the recommendations of Part 7 of the Arborists Report.
Protection of Significant Trees
43. Trees 1 & 3-10, as identified in the Arborists Report, are to be protected and retained as part of the proposed works in accordance with Point 7, Tree Protection Measures’, with amendments to be made to the plans where necessary to ensure this.
44. As part of the future Main Works Development Application, the applicant will be required to submit documentation detailing a high quality landscape treatment for those areas within the site, as well as along the High Street frontage, in consultation with Council’s requirements.
A1 The assessment of this development application does not include an assessment of the proposed building work under the Building Code of Australia (BCA).
All new building work must comply with the BCA and relevant Australian Standards.
A2 A separate Local Approval application must be submitted to and be approved by Council's Health, Building & Regulatory Services department prior to commencing any of the following activities:-
§ Install or erect any site fencing, hoardings or site structures on any part of the nature strip, road or footpath
§ Operate a crane or hoist goods or materials over a public footpath or road
§ Placement of a waste skip, bin or any other container or article on the public road, nature strip or public footpath.
A3 The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.