Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 28 February 2012

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                               28 February 2012

 

 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 28 February 2012 at 6pm.

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

Acknowledgement of the local indigenous people

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 13 December 2011

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minutes

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

Urgent Business

Director City Planning Reports (record of voting required)

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

CP1/12      1160-1196R Anzac Parade, Malabar (DA/991/2011)

CP2/12      51 Willis Street, Kingsford (DA/676/2009/B)

CP3/12      11 Monmouth Street, Randwick (DA/410/2011)

CP4/12      102-104 Brook Street, Coogee (DA/291/2009)

CP5/12      2R Carr Street, Coogee (DA/935/2011)

CP6/12      Reporting variation to Development standard under State Environment Planning Policy No. 1 (SEPP 1) for 1 December 2011 to 31 January 2012.

CP7/12      Review of the Planning Act - submission to the Issues Paper

CP8/12      Review of JRPP Procedures- submission to the NSW Government

Director City Planning Reports (record of voting NOT required)

CP9/12      Results of Council's "Who Cares About the Environment" survey of Randwick residents

General Manager's Reports

GM1/12     Continuation of Community Partnership with South Sydney Football Club

GM2/12     General Manager's Exercise of Delegation

GM3/12     LGSA Tourism Conference

GM4/12     50:50 Vision  Gender Equity - Bronze Award Achievement

GM5/12     Workplace Health & Safety Act and Regulation 2011

GM6/12     Review of the 2011-12 Annual Operational Plan - December 2011 Quarterly Report

GM7/12     Randwick City Council's Workforce Strategy

GM8/12     Invitation from our City Sister, Hangzhou, China

Director City Services Reports

CS1/12      Bardon Park Preliminary Concept Landscape Upgrades and community Consultation

CS2/12      Green Square West Kensington Floodplain Management

CS3/12      Flooding Advice and Flood Related Development Controls Policy

Director Governance & Financial Services Reports

GF1/12      Investment Report - November 2011

GF2/12      Investment Report - December 2011

GF3/12      Investment Report - January 2012

GF4/12      Quarterly Budget Review - December 2011

GF5/12      Post Implementation Review - ICAN Project

GF6/12      Constitutional Recognition of Local Government - contribution of funds

GF7/12      Withdrawal of Caveat and Affixing of the Council Seal

GF8/12      Destination 2036 - Draft Action Plan  

Petitions

Motion Pursuant to Notice

NM1/12     Motion Pursuant to Notice from Cr Andrews - Extension of Coastal Walkway South End of Maroubra Beach

NM2/12     Motion Pursuant to Notice from Cr Andrews - Concept Plan for Maroubra Junction Town Centre

NM3/12     Motion Pursuant to Notice from Cr Seng - Council's Public Art Projects

NM4/12     Motion Pursuant to Notice from Cr Seng - Rooftop Gardening

NM5/12     Motion Pursuant to Notice from Cr Seng - Dogs on Beaches Policy

NM6/12     Motion Pursuant to Notice from Cr Bowen - Raising Awareness of Homelessness in Randwick City

NM7/12     Motion Pursuant to Notice from Cr Bowen - Randwick Environment Park

NM8/12     Motion Pursuant to Notice from Cr Notley-Smith - Proposed availability of larger recycling bins

NM9/12     Motion Pursant to Notice from Cr Notley-Smith - Heritage Study of Coogee Bay Precinct

NM10/12    Motion Pursuant to Notice from Cr Stevenson - 2012 NSW Local Government Elections  

Closed Session (record of voting required)

CP10/12    Tender - Mixed solid waste disposal, garden organics processing and bulky waste disposal services

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

 

CS4/12      T01/12 - Yarra Bay Stormwater Harvesting System

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

Closed Session (record of voting NOT required)

GF9/12      Kensington Bowling Club Partnership with KikOff Soccer Centres Pty Ltd - 1 Day Lane Kensington

This matter is considered to be confidential under Section 10A(2) (d) Of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

GF10/12    Maroubra Garden Village, 13 Tyrwhitt Street, Maroubra - Mortgage over lease

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

Closed Session (record of voting required)

GF11/12    Tender for Maintenance of Air Conditioning Systems - T17/11

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

Closed Session (record of voting NOT required)

GF12/12    Organisation Structure

This matter is considered to be confidential under Section 10A(2) (a) Of the Local Government Act, as it deals with personnel matters concerning particular individuals.


Notice of Rescission Motion

NR1/12      Notice of Rescission motion from Crs Tracey, Woodsmith and Procopiadis - Proposed New Bus Shelter Installation - Carrington Road corner Alison Road, Randwick (in front of 174 Carrington Road)  

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council                                                                                               28 February 2012

 

 

Director City Planning Report No. CP1/12

 

Subject:                  1160-1196R Anzac Parade, Malabar (DA/991/2011)

Folder No:                   DA/991/2011

Author:                   Willana Associates, Pty Ltd     

 

Proposal:                     Lighting upgrade of existing sports fields at Pioneers Park involving the removal and replacement of 6 existing light poles to Fields 2-4, the installation of 2 additional light poles to the eastern end of Field 4, the installation of 2 additional light poles to the western end of Field 1 and the installation of new lights to the existing middle light poles on Field 1. The lighting will be operated 4 nights per week from 4pm to 9pm and the new poles will be 25m high

Ward:                      South Ward

Applicant:                Randwick City Council

Owner:                         NSW Land & Property Information

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application is for works associated with the existing use of Pioneers Park, located at 1160-1198R Anzac Parade, Malabar.  The proposal is for modifications and the installations of additional lights to the four (4) playing fields within the site.  The proposal will provide lighting to the fields in order to satisfy to the relevant Australian Standards. 

 

The site is Crown Land which is managed by Randwick City Council.  Owners consent for the lodging of the application has been provided.    

 

The application has been exhibited and no submissions were received.  Each submission has been assessed in terms of the impact of the proposed works.

 

The site is affected by land contamination.  The proposal includes excavation to a depth of 600mm and as a result the application is accompanied by an Environmental Management Plan.  The potential contamination impact is considered acceptable.

 

To the north of the site is the Malabar Wetlands, which requires the application to been considered in relation to its potential impact on this natural drainage system.  The application is considered sufficiently minor and is unlikely to have any impact on the Wetlands.

 

To the east the site adjoins Lot 102 DP 1162245, which is identified as a Heritage Conservation area under the Randwick Local Environmental Plan (Consolidation) 1998, and also is listed as a State Heritage Item.  Lot 102 DP 1162245 forms part of the land identified by the Federal Government to be handed over to the National Parks and Wildlife Association to become National Park.  It is considered that the subject proposal is sufficiently minor and is sufficiently distant to Lot 102 DP 1162245 to ensure negligible impact on the Heritage Conservation Area.

 

Under Randwick City Council’s draft LEP 2012 – Biodiversity mapping, the threatened ecological community Eastern Suburbs Banksia Scrub (ESBS) occurs on site.  The ESBS is listed as both an Endangered Ecological Community under Schedule 1 of the NSW Threatened Species Conservation Act 1995 (TSC Act) and as Endangered on the Commonwealth Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act).  In accordance with s79C of the Environmental Planning and Assessment Act 1979 (EP&A Act), Council must give consideration to the likely environmental impacts of the development, including potential impact of the proposed development on known or predicted presence of threatened species, populations and communities listed under the TSC Act.

 

Accordingly, an Ecological Assessment (EA) has been undertaken for the proposed works.  The EA concludes that subject to the implementation of a number of recommendations in the EA report, there is low likelihood of potential impacts occurring to the ESBS.  These recommendations have been provided as conditions.  Consequently, the need for further assessment under Section 5A of the EP&A Act is not required for the ESBS and a Species Impact Statement or referral to the Commonwealth Environmental Minister is also not required for the proposed works.

 

The proposal includes changes to the approved hours of operation of the light towers from 4pm – 9pm twice a week, to 4pm – 9pm for four nights a week.  It is considered that the additional evening use of the Park is considered appropriate, given the community demand for the use of sporting fields and the additional two (2) nights a week will not cause significant impact on the amenity of the surrounding community.

 

The proposed works have been considered in relation to light spill and a Lighting Assessment has been provided with the proposal.  The report provided states that proposed light spill is not considered to be obtrusive or excessive according to the relevant Australian Standards and is an acceptable impact in terms of the surrounding residential dwellings.

 

The application is generally consistent with the Randwick Local Environmental Plan (Consolidation) 1998 and the Randwick District Parks Generic Plan of Management. It is considered that the proposal will not result in significant adverse impacts upon the amenity of adjoining residential dwellings or upon the threatened species ESBS which is present at the site and surrounds.

 

The application is recommended for approval.

 

2.    The Proposal

 

The proposal is for an upgrade to the existing lighting of Pioneers Park.  The works include:

§  the removal and replacement of six (6) existing light poles to fields 2-4,

§  the installation of two (2) additional light poles to the eastern end of Field 4,

§  the installation of two (2) additional light poles to the western end of Field 1 (these light poles were approved, but not constructed, under consent DA/90/2007),

§  the installation of new lights to the existing middle light poles on Field 1, and

§  associated trenching and cabling to service the lights. 

 

The proposal includes the disturbance of the top soil.  The application does not proposed any changes to the existing passive recreation / dog walking area to the north of the site, nor to the existing parking on the site.

 

The proposal also includes an amendment to the number of nights / week that the operation of the lights is permitted, from twice weekly to four nights / week.  No change is proposed to the operating hours of the lights, which is 4pm to 9pm.

 

3.    The Subject Site and Surrounding Area

 

The existing Pioneers Park sits on land comprising Lot 7060 in DP 1026883.  The site is zoned 6A Open Space and is approximately 11 hectares in area.  The site currently contains four (4) playing fields, an amenities building, clubhouse, storage shed and walking / cycling paths. 

 

The site is generally rectangular in shape, though the north western end is narrower than the south eastern end of the site.  Geographically, the Park is located to the south west of Maroubra Bay and to the north west of Malabar Headland. Anzac Parade runs along the western boundary of the site, with Cromwell Place and Franklin Road defining the south western and southern boundaries of the Park.  Anzac Rifle Range is located to the east of the Park, with Malabar Primary School and Cromwell Park located to the south.  The Malabar Sewage Treatment Works are also located to the south east of the site. 

 

Adjacent to the northern boundary of the Park are residential properties which address Manwaring Avenue and Bowen Place.  To the north west is a small reserve identified on the Randwick Local Environmental Plan 1998 as Malabar Wetlands (also known as ‘Lake Malabar’).

 

Pioneers Park is predominantly turfed sports fields and there are also a number of  scattered trees and some formalised native plantings surrounding the parking area to the west.  Image 1 illustrates the layout of the site.  The topography of the site is generally flat with three distinct plateaus stepping down the site from the north to the south.

 

The subject site is surrounded by dense vegetation to the east and partially to the south.  The site adjoins two of the lots that make up the Malabar Head Land, which is proposed to be National Park.   

 

Image 1 | Aerial view of subject site, (www.nearmaps.com).

 

4.    Site History

 

The subject building is on Crown Land, which is managed by Randwick City Council.  The subject site was subject to significant filling from the 1940s to the 1960s and as a result has contaminated soils.  The Park was used as playing fields from 1972.

 

In 2007 a DA 90/2007 was approved for the remediation, landscaping, construction of cycle paths and playing field with lighting, construction of 3 car park areas providing parking for 159 cars, construction of a single storey amenities block and use of the ground water for irrigation.  The works were subsequently undertaken and the Park is generally as it was approved in 2007.

 

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, no submissions were received.

 

6.    Referral 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    Property Officer

The application was referred to the Property Officer as the subject site is under the management of Randwick City Council.  The relevant representative provided owner’s consent to the application.

 

6.2    The Sydney Airport Corporation Limited

The application was referred to the Sydney Airport Corporation Limited, who provided concurrence to the proposed works to a height of 25metres.

 

7.    Master Planning Requirements

 

The Master Planning requirements are applicable to the site, despite this as the proposal relates to a site identified under a Generic Plan of Management, the strategic direction of the site is accounted for.  As a result a Master Plan is not required in this case.

 

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 6A Open Space under the Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.  The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause 18 Zone 6A

The land is zoned 6A Open Space and the proposed development is permissible with development consent. The relevant zone objectives include:

 

§  to identify publicly owned land used or capable of being used for public recreational purposes, and

§  to allow development that promotes, or is related to, the use and enjoyment of open space, and

§  to identify and protect land intended to be acquired for public open space, and

§  to identify and protect natural features that contribute to the character of the land, and

§  to enable the sustainable management of the land.

 

The proposal is considered to be consistent with the zone objectives.  The proposal will have no impact on the current use of the site for passive and active use.  The proposal ensures the ongoing sustainability and safety of the site for use, in accordance with the relevant Australian Standards for lighting.  The land is currently used by the community as playing fields and at the northern end, as a passive recreation and dog walking area.  The proposal will allow for the continued use of the playing fields and allow for more consistent lighting across them, providing greater longevity of the current use.

 

The proposal has a potential for view impact in terms of the installation of the new light poles.  Photo montages were provided by the applicant to illustrate the potential view impact in terms of protecting the natural features.  The montages are provided below.

 

X:\Projects\x9023 Randwick Council\9023dt 1160-1196R Anzac Parade, Malabar\Report\image4.png

 

X:\Projects\x9023 Randwick Council\9023dt 1160-1196R Anzac Parade, Malabar\Report\image5.png

X:\Projects\x9023 Randwick Council\9023dt 1160-1196R Anzac Parade, Malabar\Report\image6.png

X:\Projects\x9023 Randwick Council\9023dt 1160-1196R Anzac Parade, Malabar\Report\image7.png

X:\Projects\x9023 Randwick Council\9023dt 1160-1196R Anzac Parade, Malabar\Report\image8.png

X:\Projects\x9023 Randwick Council\9023dt 1160-1196R Anzac Parade, Malabar\Report\image9.png

X:\Projects\x9023 Randwick Council\9023dt 1160-1196R Anzac Parade, Malabar\Report\image10.png

 


In terms of visual impact the proposal creates vertical intrusions into the view lines for the surrounding residents.  Despite this, in terms of overall visual impact the proposed lighting poles are not excessive and do not result in detrimentally eroding the visually amenity.  The proposed light poles are consistent with the existing light poles at the site and will not be out of character.  The visual impact is considered acceptable and consistent with the objectives of the proposal.

 

The proposed works will not impact on the other uses of the site and will not affect the ongoing use of the site.  The proposal provides a sustainable option for the ongoing management of the site.

 

Clause 38 Development in Open space zones

Clause 38 (1) requires that the determination of any development application for development within open space zones must consider the following:

 

(a)      the need for the proposed development on that land

 

Comment:    The proposal is required.  The works will ensure that the use of the Park can continue in its current form and satisfies the relevant Australian Standards for lighting. 

 

(b)      whether the proposed development promotes or is related to the use and enjoyment of open space

 

Comment:    The proposal will ensure that the use of the Park’s four playing fields is adequately designed for continued safe use.  The improved lighting will accommodate the current evening use of the Park.  The proposal will result in additional use of the playing fields, with the Park being proposed for use four nights / week, between 4 pm and 9pm.  This extension of the use of the site (currently approved under DA 90/2007 for twice / week from 4pm – 9pm) will promote the enjoyment of the Park for its identified purpose and will not impact on the remainder of the Park being used for the generally community and the northern portion will remain for the use of dog walkers.  The proposed use is considered acceptable.

                                                                                           

(c)      the impact of the proposed development on the existing or likely future use and character of the land

 

Comment:    The proposal is sufficiently minor, in terms of the proposed works, as to not have any additional impact on the existing character of the land or locality.  The Statement of Environmental Effects, accompanying the application, states that the works will be undertaken within a short period of time and only during regular building hours, thus reducing the impact of construction and the period of time, for which the Park is out of service.  Further, the proposal will promote the future use of the land by updating the existing facilities to satisfy current standards.

 

(d)      the need to retain the land for its existing or likely future use

 

Comment:    The proposal will allow for the use to remain status quo for the future, by increasing the safety and compliance with the relevant Australian Standards. 

 

Clause 40 Earthworks

The proposal includes earthworks to allow for the installation and electrical connection of the lights.  Clause 40 states, “when determining an application for consent to carry out earthworks the consent authority must consider:

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

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

 

The impacts of the proposed earthworks have been addressed in detail in the documentation provided by the Applicant.  The site is identified as being contaminated and an Environmental Management Plan was prepared as a result.  The Plan has been provided to reduce any potential impact of the works in terms of contamination.  No drainage plan has been provided as part of the application.  The earth works are restricted to trenching only and minor in nature and as a result, it is unlikely that there will be any significant drainage impacts.  Council’s Engineers reviewed the application and did not provide any comment on the proposal in terms of drainage.  The proposal is acceptable in terms of Clause 40.

 

Clause 40A – Site specific development control plans

Clause 40A(1) requires that Council must not grant consent to a development on land with site area more than 10,000m2 unless a site specific development control plan has been prepared.  The site within which the lighting works are proposed covers an area of 11 ha or 110,000m2. Despite this, the proposal is minor in nature and only relates specifically to lighting.  Further the site, in terms of management and operations, is covered by a generic plan of management, which sets out how the site should be managed. Council can be satisfied that adequate guidelines and controls dealing with development at the site are in place.  This is also reflected by the existing suite of Planning Instruments and planning policies applicable to the site.

 

It is recommended that Council is able to waive this requirement in this instance.

 

Clause 42B - Contaminated land

Clause 42B states the following:

“Despite any other provisions of this plan, the Council must not grant consent to the development of contaminated land within any zone unless the Council is satisfied:

(a) that the contaminated land will, after being remediated, be suitable for the purpose for which development is proposed to be carried out, and

(b) that the contaminated land will be remediated before the land is used for that purpose, and

(c) that the use of the land for that purpose is permissible in the zone.”

 

The proposal includes remediation works which are discussed in greater detail under the SEPP 55 below.

 

Nonetheless, the Environmental Management Plan, provided by the Applicant, outlines the process of addressing the risk of contamination and ensures that the works will be undertaken with consideration of the contamination hazards of the site.

 

Clause 42E Development in, on, or adjacent to a watercourse or wetland

In accordance with RLEP 1998 a wetland means:

 

(a) natural wetland including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or

 

(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow water body (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.

 

It is considered that the Malabar Wetlands area adjacent the site to the north west is a wetland area for the sake of this Clause 42E and therefore Council must not grant consent to development in, on, or adjacent to the wetland unless satisfied that:

 

(1) (a) appropriate measures have been identified for ongoing protection, conservation and management of the watercourse or wetland and its riparian land over time, and

 

(b)    the width of the riparian land maximises and enhances its potential to serve as a habitat corridor, and

 

(c)    the riparian land retains and incorporates within it, wherever possible, existing areas of remnant native vegetation, and

 

(d)    the provision of public access is to be located and designed to minimise disturbance to the habitat corridor and existing remnant native vegetation.

 

(2) For a watercourse or wetland that is shown on the map:

 

(a)    as a category 2 watercourse or a category 2 wetland—land is taken to be part of the riparian land for that watercourse or wetland if it satisfies one or both of the following:

 

(i)   the land is within 20 metres of the top of the bank of the watercourse or wetland,

(ii)  the land contains remnant native vegetation that adjoins the watercourse or wetland, or

 

(b)    as a category 3 watercourse or a category 3 wetland—land is taken to be part of the riparian land for that watercourse or wetland if the land is within 10 metres of the top of the bank of the watercourse or wetland.

 

The site is not a category 2 or 3 wetland.  The works proposed are not likely to impact on the Malabar Wetlands (also known as Malabar Lake) in as much as the works are taking place in areas which have a lower RL than that of the wetlands area and as such do not drain into the wetlands.  As a result, any potential contamination of the site will not affect the wetlands.  Additionally the works are sufficiently minor not to result in any significant impact and will not affect any crucial habitat areas.

 

Clause 43 Heritage

The subject site adjoins the Malabar Headland which is a state listed heritage item and a local heritage conservation area.  The proposed works are minor in nature and are unlikely to impact on the heritage fabric adjoining the site.  The proposal includes no encroachment on the adjacent site.  The proposal will not result in any unacceptable impacts on the adjoining site in terms of light spill and will be acceptable in terms of the adjoining heritage item.

 

On the opposite side of Franklin St, to the south of the site, adjoins Malabar Public School. The school is identified as a locally significant heritage item under current Randwick Local Environmental Plan 1998 (item no. 260).  The proposed works will not significantly impact on the heritage fabric of the school.  The proposed installation of the light poles will be visually observed but they will not be out of context given there are existing light poles at the subject site.  It is considered that the impacts of the proposed works will be acceptable in terms of heritage impact.

 


8.1    State Environmental Planning Policies

 

(a)      State Environmental Planning Policy No. 19 – Bushland in Urban Areas

The area in the north eastern corner of Pioneers Park represents an area of Bushlands in an urban area and has been identified as containing Eastern Suburbs Banksia Scrub.  An Ecological Assessment for the site has been provided by Total Earth Care.   The report concluded that the proposed works were “highly unlikely” to damage, modify or remove any threatened species.  A series of recommendations were provided to address any risk of potential impact.  These recommendations have been provided as conditions.

 

(b)      State Environmental Planning Policy No. 55 – Site Remediation

As previously stated Pioneers Park was previously used as a site for landfill and was subsequently remediated.  The proposal will result in trenching to a depth of 600mm, disturbing the capping layer put down as part of the remediation process.  The application has been accompanied by an Environmental Management Plan which sets out the method for managing the safe carrying out of the proposed works and adequately addresses the contamination concerns.  This document will form part of the approved application, should consent be granted and as such all works must be carried out in accordance with the Environmental Management Plan.  The application is hence considered satisfactory in terms of this SEPP and potential contamination impacts.

 

(c)      State Environmental Planning Policy (Infrastructure) 2007

An Ecological Assessment was submitted to investigate any potential impact on the identified threatened species on the site and address any risk of it being affected by the proposed works.  The report concluded that “a Species Impact Statement or referral to the Commonwealth Environmental Minister is not required for the proposed works at Pioneers Park, Malabar”.

 

9.        Policy Controls

There are no relevant controls for the subject application for upgrades to the existing lighting of Pioneers Park.

 

9.1    Council Policies

(a)      District Parks Generic Plan of Management

Pioneers Park is classified as a District Park, within the Sports Fields Category.  The Generic Plan of Management governs the use and ongoing management of the Park. 

 

The proposal may result in additional view impacts for the surrounding residents.  The photomontages of the proposed development have been provided in section 8 (a) of this report. The montages demonstrate that although the proposal will result in additional vertical elements into view lines, the proposal will not result in significant impacts on overall views for residents.

 

Another potential impact of the proposal is the additional use of the Park.  It is proposed to extend the operation of the lights from twice weekly to four (4) nights/ week from 4pm – 9pm.  It is considered that the extended evening use will not result in unacceptable amenity impacts on surrounding residences. The additional use justifies the demand for the Park and the proposed upgrade works.

 

The potential impact of light spill is also a concern in terms of management of the Park.  A Lighting Assessment was provided with the application which states that the proposal satisfies the relevant Australian Standards for lighting in terms of glare rating, control of the effects of obtrusive light and has minimal light loss. Further the lighting will cease use at 9pm on all nights that they are in use and as such are unlikely to affect sleeping patterns.

 

The proposal, being relatively minor in nature and consistent with the SEPP (Infrastructure) definition of development that does not require consent, is considered consistent with the objectives of the Plan of Management and the impacts of the proposal are considered to be acceptable in terms of the use and the surrounding land uses.

 

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).

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

 

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

A indicative Draft Local Environmental Plan – Biodiversity Map indicates the existence of Eastern Suburbs Scrub Banksia on the site, which has been addressed accordingly. 

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

Not applicable.

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 acceptable.  The proposal is minor in nature.  The proposal will not result in any significant impacts.  The potential impact of light spill has been addressed through the provision of a Light Assessment, which found that the proposal “complies for Residential Boundaries” in terms of the Australian Standard for “Control of the effects of Obtrusive light”. 

 

Further, the proposal has demonstrated that the potential for impacting on the environment in terms of contamination have been addressed and will be closely monitored throughout the building works. 

 

The potential environmental impact on the Eastern Suburbs Banksia Scrub has been addressed and conditions of consent have been included to address the potential impact.

 

The installation of the additional light poles is unlikely to have any significant effect on views across the site and is considered acceptable in terms of this impact.

 

The works are sufficiently minor to be considered not to have any further potential impact.

 

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

Not applicable.

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

 

No submissions were received.

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.  The proposal will result in the building achieving the requirements of the Australian Standards in terms of lighting.  The upgrade will allow for the continued use of the site, in a safe manner.  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 6:         A Liveable City.

Direction 6a:       Our public assets are planned, managed and funded to meet the community expectations and defined levels of service.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The Development Applications No. 991/2011 is for an upgrade to the lighting for existing sports fields at Pioneers Park.  The proposal is consistent with the relevant statutory and non-statutory controls.  The proposal will allow the continued use of the site, with lighting that satisfies the relevant Australian Standards.  The proposal is consistent with the Plan of Management for the site and will not result in any significant impacts in terms of amenity, environmental or economic. 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. 991/2011 for a lighting upgrade at existing sports field, involving the removal of existing light poles, the replacement of new 25m light poles and the installation of additional light poles, some of the existing lights will also be changed to result in consistent lighting across the site, the proposal includes the associated trenching, at No. 1160-1196R Anzac Parade, Malabar subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

SJB Planning Statement of Environmental Effects – Pioneers Park, Malabar, 21 December 2011, including the Design Package, Lighting Assessment, Environmental Management Plan and the Total Earth Care Ecological Assessment Pioneers Park Anzac Parade, Malabar January 2012.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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.

 

Long Service Levy Payments

3.       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.

Sydney Water

4.       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.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia & Relevant Standards

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

 

6.       Access and facilities for people with disabilities must be provided in accordance with the relevant requirements of the Building Code of Australia, Disability (Access to Premises – Buildings) Standard 2010, relevant Australian Standards and conditions of consent, to the satisfaction of the Certifying Authority.  Details of the required access and facilities for people with disabilities are to be included in the plans/specifications for the construction certificate.

 

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.

 

7.       A certificate from a suitably qualified person in outdoor lighting systems shall be submitted to the Director City Planning which certifies that the proposed lighting complies with Australian Standards AS/NZS 4282-2997 Control of Obtrusive Lighting prior to the commencement of the use of the sports fields for training sessions.

 

Certification and Building Inspection Requirements

8.       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)     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

 

d)     at least two days notice must be given to the Council, in writing, prior to commencing any works; and

 

e)     the relevant requirements of the Home Building Act 1989 (as applicable) must be complied with and details provided to the Principal Certifying Authority and Council.

 

Construction Noise & Vibration Management Plan

9.       A Construction Noise & Vibration Management Plan, prepared in accordance with the Department of Climate Change Guidelines for Construction Noise and Assessing Vibration, by a suitably qualified person, is to be developed and implemented prior to commencing site work and throughout the course of construction.

 

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

 

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

 

b)     The Construction Noise & Vibration Management Plan must include details of measurements, analysis and relevant criteria and demonstrate that the noise and vibration emissions from the work satisfy the relevant provisions of the Protection of the Environment Operations Act 1997, current DECC Guidelines for Construction Noise and Assessing Vibration and Councils conditions of consent.

 

c)     A further report/correspondence must be obtained from the consultant as soon as practicable upon the commencement of works, which reviews and confirms the implementation and suitability of the noise and vibration strategies in the Construction Noise & Vibration Management Plan and which demonstrates compliance with relevant criteria.

 

d)     Any recommendations and requirements contained in the Construction Noise & Vibration Management Plan and associated reports are to be implemented accordingly and should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to Council and the PCA.

 

A copy of the Construction Noise & Vibration Management Plan and associated acoustic/vibration report/s must be maintained on-site and a copy must be provided to Council and the Principal Certifying Authority accordingly.

 

Temporary Site Fencing

10.     Temporary site safety fencing must be provided to the perimeter of the site throughout demolition, excavation and construction works.

 

Temporary site fences must have a height of 1.8 metres and be a cyclone wire fence (with geotextile fabric attached to the inside of the fence to provide dust control), or heavy-duty plywood sheeting (painted white), or other material approved by Council.

 

A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the site which comprise:

 

·       any works or hoisting of materials over a public footway or adjoining premises, or

·       any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.

 

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

 

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

 

Construction Site Management

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

 

·          location and construction of protective site fencing / hoardings;

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          details of proposed sediment and erosion control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          location and size of waste containers/bulk bins;

·          provisions for temporary stormwater drainage;

·          construction noise and vibration management;

·          construction traffic management details;

·          provisions for temporary sanitary facilities.

 

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections during Construction

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.

 

Building & Demolition Work Requirements

13.     All work and activities must be carried out in accordance with the relevant regulatory requirements, including:

 

·          Occupational Health & Safety Act 2000 & Regulations

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

·          WorkCover NSW Requirements, Guidelines and Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

·          The Protection of the Environment Operations Act 1997

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

·          DECC/EPA Waste Classification Guidelines

·          Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

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

 

·           Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Sediment & Erosion Control

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

 

Details must be shown in a Sediment and Erosion Control Plan, including; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment, methods of sediment control, details of drainage systems and details of existing and proposed vegetation.

 

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

 

Dust Control

16.     During demolition excavation and construction works, dust emissions must be minimised, so as not to result in a nuisance to nearby residents or result in a potential pollution incident.

 

Adequate dust control measures must be provided to the site prior to the works commencing and the measures and practices must be maintained throughout the demolition, excavation and construction process, to the satisfaction of Council.

 

Dust control measures and practices may include:-

·      Provision of geotextile fabric to all perimeter site fencing (attached on the prevailing wind side of the site fencing).

·      Covering of stockpiles of sand, soil and excavated material with adequately secured tarpaulins or plastic sheeting.

·      Installation of a water sprinkling system or provision hoses or the like.

·      Regular watering-down of all loose materials and stockpiles of sand, soil and excavated material.

·      Minimisation/relocation of stockpiles of materials, to minimise potential for disturbance by prevailing winds.

·      Landscaping and revegetation of disturbed areas.

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 1.00pm only

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Additional requirements for all development

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

 

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

 

20.     All machinery used during the installation of the ten floodlights is to be restricted to the sports field areas, and kept at all times as far as practically possible from the surrounding bushland.

 

21.     No machinery parking or materials storage is to occur between the new poles installed around Field 4 and the bushland to the east. Machinery parking and equipment or materials storage compounds are to be set-up on areas adjacent to the sports fields, where required.

 

22.     All stockpiles of excavated material are to be kept downslope and a minimum distance of 40m away from the bushland edges surrounding the Park.

 

23.     If stockpiles are to be retained for more than 8 hours they are to be surrounded by appropriate sediment control devices such as those outlined in The Blue Book – Managing Urban Stormwater: Soils and Construction (Landcom 2004).

 

24.     No wash off of machinery, equipment, paints, chemicals and excess construction materials is to occur in, or be carried out in, an area that may affect the bushland vegetation of the site.

 

25.     No Council or private vehicles associated with the works should be parked on the Anzac Parade median strip, instead all vehicle should be parked in the Pioneers Park carpark.

 

26.     Vehicles should not drive along the top of the batter adjacent to the bushland along the eastern boundary of the Park.

 

27.     There should be no access to any of the bushland areas at any time during the works.

 

28.     Site inductions should include information outlining the sensitive nature of the Eastern Suburbs Banskia Scrub and other threatened items surrounding the Park, especially that occurring on the Anzac Pde median strip, and make clear that access to these areas is prohibited.

 

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

29.     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.

 

Structural Certification

30.     A Certificate must be obtained from a professional engineer, which certifies that the building works satisfy the relevant structural requirements of the Building Code of Australia and approved design documentation, to the satisfaction of the Principal Certifying Authority. A copy of which is to be provided to Council.

 

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.

 

31.     The light towers must only be operated four nights of the week up until 9.00pm.

 

GENERAL ADVISORY NOTES

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

 

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

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $3,000) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

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

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

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

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

 

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.

 

A3      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA), Disability (Access to Premises – Buildings) Standards 2010 and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards.  You are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A4      Any proposed amendments to the design and construction of the building may require a new development application or a section 96 amendment to the existing consent to be obtained from Council, before carrying out such works

 

A5      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).

 

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

 

A7      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

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

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

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

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

 

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

 

A8      Finished ground levels external to the building are to be consistent with the development consent and are not to be raised, other than for the provision of approved paving or the like on the ground.

 

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

 

A9      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.

 

A10     The necessary development consent and a construction certificate or a complying development certificate (as applicable) must be obtained for any proposed cooling towers and external plant and equipment, if not included in this consent.

 

A11     A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

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

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

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

 

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

 

A12     An application must be submitted to an approved by Council prior to the installation and operation of any proposed greywater or wastewater treatment systems, in accordance with the Local Government Act 1993.

 

A13     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.

 

A14     Air conditioning plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

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

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

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               28 February 2012

 

 

Director City Planning Report No. CP2/12

 

Subject:                  51 Willis Street, Kingsford (DA/676/2009/B)

Folder No:                   DA/676/2009/B

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     Section 96 modification of approved development by increase in building height by 1.05m, internal reconfiguration, alterations to openings, revised lift location, new basement storage, removal of mechanical stackers and replacement with new stacked parking spaces in basement and provision of new parking within set back from Kennedy Lane, new unit on level 5 and alteration to deck for unit 1

Ward:                      West Ward

Applicant:                Skyworks NSW Pty Ltd

Owner:                         Ms S Sykiotis & Mr G Xylas

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.         Executive Summary

 

The Section 96 application is referred to Council for determination as the original application was determined by Council at its meeting of 10 November 2009. The approved development comprises the demolition of existing structures on site and construction of part 3 part 4 storey multi-unit housing building containing 5 units with basement car parking accessed from Kennedy Lane.

 

The Section 96(2) application will modify the approved development primarily for the following changes:

 

§  Increase in overall maximum building height of the building by 1.83m (to top of parapet) to provide for higher ceiling heights to accommodate revised floor slabs and services

§  conversion of a single split-level 3 bedroom apartment on Levels 4 and 5 into a single-level 2 bedroom apartment on Level 4 and a single 1 bedroom apartment on Level 5.

§  extension of the building on the western end of Level 4 (comprising new staircase and corridor) and western end of Level 5 (comprising new internal staircase. hallway and part bathroom of the new Unit 6 )

§  internal reconfiguration and associated alterations to window openings including revised stair and lift access location, reconfigured dwelling unit layout and associated decks,

§  provision of extended basement under the western section of the proposed building

§  removal of mechanical stackers and replacement with new tandem parking spaces and  revised garbage room in the extended basement

§  deletion of landscape area and replace with one new at-grade car parking space accessed from Kennedy Lane

§  provision of overland stormwater detention (OSD) tanks 

§  provision of  communication and switch board room on northern side

 

The Section 96 application was notified to surrounding properties and advertised. Six submissions were received raising concerns, among other things, relating to the loss of views, loss of sunlight, increased visual bulk and scale of the proposed additions and the compromised architectural design and landscape treatment resulting from the proposed changes. These concerns are addressed in Section 7 below.

 

The Section 96 proposal was referred to the SEPP 65 Design review Panel in September 2011. Following a range of issues raised by the Panel, plans showing additional details were submitted on 9 December 2011. These plans are the subject of the assessment in this report.

 

While the proposed Section 96 changes are not considered to substantially modify the overall nature and scale of the development beyond that originally approved in the DA, the proposed modification, in particular, the increase in building height and FSR, and loss of landscaped area, are not supported primarily for the following reasons:

 

§   the increase in building height by 1.83m is excessive relative to the purported requirement to increase floor to ceiling levels to accommodate revised floor slabs and services

§   the increase in building height breaches the maximum building and external wall heights standards under Clause whereas the original DA proposal was approved with a compliant building and external wall height

§   the excessive increase in building height results in unreasonable increased overshadowing of, and view loss to, adjoining properties as well as a visually intrusive built form and increased visual bulk and scale

§   the proposed rear lane car park results in a decrease in landscape area to 47% which is less than the required minimum 50% under the Clause of the Randwick LEP

§   the changes to the design fail to satisfy the design quality principles of SEPP 65

§   the proposal will have detrimental loss of views, privacy and overshadowing impacts.

 

Accordingly, the Section 96 application is recommended for refusal.

 

2.         The Proposal

 

The subject proposal is made pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979, as amended, to modify Development Consent No. /2008. The applicant’s SEE lists the proposed Section 96 modifications as follows: 

 

 

3.         The Subject Site and Surrounding Area

 

The subject site is described as Lot 3 in DP 323581, No. 51 Willis Street, Kingsford. The site is located on the eastern side of Willis Street, between Middle and Meeks Streets. The topography of the land slopes from the north-east to the south-west with a cross fall of approximately 9.11m (from RL 57.65m to RL 48.54m). The dimension and land area of the site are summarised in the table below:

 

Allotment boundary

Length

Land area

Northern, side boundary

53.645m

 

Southern, side boundary

53.645m

 

Eastern, Kennedy Lane boundary

12.19m

 

Western, Willis Street boundary

12.19m

 

 

 

653.9m2

 

The rear portion of the site is accessible from Kennedy Lane, which is predominantly characterised by vehicular access and parking facilities servicing developments that front Willis and Kennedy Streets.

 

The site is currently under construction. Immediately adjoining the site to the north (No. 47-49 Willis Street) is a three-storey spilt level residential flat building. The site is adjoined to the south at No. 53 Willis Street by a part two- and part three-storey detached dwelling house of Art Deco character, which is listed as a heritage item under Randwick Local Environmental Plan 1998. The locality is characterised by a mixture of detached, semi-detached and multi-unit housing developments.

 

Figure 1: provides an aerial view of the subject site  and the surrounding built environment.

 

4.         Site History

 

The original development was granted approval by Council at its meeting on 9 March 2010.

 

A Section 96(2) application (DA/676/2009/A) (for a new basement level for car parking and storage with access from Willis Street, reconfiguration of the lift and stairs, deletion of double stacker in garage, delete stairs at level 3 and utilise as study for Unit 4, create new 1 bedroom Unit (Unit 6) at level 5 with stairs from level below) was withdrawn by the applicant on 24 February 2011.

 

5.         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:-

 

5.1.    Development Engineering

The Development Engineer advises that concerns are raised in relation to the rear lane car parking and access and the amended landscaping plans submitted with the section 96 application. Conditions have been provided as part of the Development Engineer’s comments to address these issues.

 

5.2.    Heritage Planner

The Heritage Planner advises as follows:

 

“The Site

The site falls steeply towards the street and the existing residential flat building is considerably elevated above Willis Street with a two and a half scale to the street.  To the south of the site at no.53 Willis Street is a three storey face brick dwelling listed as a heritage item under Randwick LEP 1998.  The Randwick Heritage Study Inventory Sheet for the 1937 building notes the distinguishing curved elements and use of glass blocks, as well as the magnificent elevated setting including the contributory garage and retaining walls.  The Inventory Sheet describes its significance as “a particularly grand example, intact down to its original style garden.” 

 

Controls

Clause 46 of Randwick LEP 1998 requires Council to consider the likely effect of a proposed development on the heritage significance of a heritage item in the vicinity. 

 

Background

The approved application proposed a residential flat building having a three storey scale to the street and a three storey scale at the rear, in a spilt level form to accommodate the fall to the site.  This proposal was approved after considerable change to an earlier application, including form and massing at the front and rear of the building. 

 

DA/1132/2007 for a three storey residential flat building was refused on a number of planning and heritage grounds.  Heritage concerns were raised in relation to the prominence of the development in the streetscape, detracting from the front garden setting of the heritage item and the contributory value of its front façade. 

 

Proposal

A Section 96 application has now been received which proposes a number of changes to the approved residential flat building in plan, and in section/elevation.  In plan, changes are proposed to unit layouts at levels 1, 2 and 3 and carparking configuration at level 2.  At levels 4 and 5, two separate units are proposed instead of one unit over two levels. 

 

In section/elevation, the step between the front and rear sections of the building is to be increased, so that the floor levels of the rear sections of the building will be around 400mm higher than previously.  The front setback of the wall edge at levels 4 and 5 are to be reduced.  The depth of the forward projection at level 5 is to be increased and the roof overhang over level 3 increased. 

 

Submission

The approved application was accompanied by a Statement of Heritage Impact prepared by Rappoport Pty Ltd.  The SHI argued that due to the prominent siting and existing and proposed setbacks, the heritage item will maintain reasonable curtilage and visibility, that the proposal will not visually dominate the heritage item and that the proposed landscape treatment will be sympathetic its terraced front garden treatment.  No further heritage information has been submitted with the current application. 

 

Comments

The heritage item to the south has a very generous setback from the street, as compared to the proposed development.  The proposed change to floor levels and front setbacks of the rear sections of the building may not be obvious from the street.  There are concerns however that the increase in the depth of the forward projection at level 5 and the increase in the roof overhang over level 3 will increase the streetscape dominance of the development. 

 

The subject site is to the north of the heritage item and is at a considerably higher level.  Shadow diagrams indicate a considerable increase in overshadowing to the rear garden of the heritage item as a result of the increase in floor space at level 5.  It is considered that the proposed increase in height will unreasonably impact on the amenity of the adjacent heritage item.”

 

Comment: The Heritage Planner raises concerns regarding the increased bulk and scale and overshadowing impacts of the proposal in relation to the adjoining heritage item at No. 53 Willis Street and the streetscape surrounding the heritage item. Accordingly, the proposal will be contrary to the provisions contained in Clause 43 of the Randwick Local Environmental Plan 1998 (Consolidation) for the protection of heritage items.

 

5.3.    Environmental Health & Building

No referral in relation to health and building issues was required.

 

6.         Section 96 Assessment

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria has been complied with:-

 

Substantially the Same Development:

The application seeks to modify the approved development by, among other things, increasing building height, extending Levels 4 and 5 and providing a  basement storage area thereby increasing floor area, provide an additional dwelling unit, s internal reconfiguration and associated alterations to stairs, lift location and openings to provide for an additional dwelling unit, and provision of new car parking space on Kennedy Lane by deleting landscaped area. These changes are not considered to substantially alter the proposal from that originally approved. However, as assessed in Section 10 below the proposed changes are not supported for the following reasons:

 

§ the increase in building height by 1.83m is excessive relative to the purported requirement to increase floor to ceiling levels to accommodate revised floor slabs and services

§ the increase in building height breaches the maximum building and external wall heights standards under Clause whereas the original DA proposal was approved with a compliant building and external wall height

§ the excessive increase in building height results in unreasonable increased overshadowing of, and view loss to, adjoining properties as well as a visually intrusive built form and increased visual bulk and scale

§ the increase in floor area will make the proposed building more dominant and visually intrusive when viewed from adjoining streets and adjoining properties as well as result detrimental impact on the solar access, views, privacy and outlook of adjoining properties.

§ the proposed rear lane car park results in a decrease in landscape area to 47% which is less than the required minimum 50% under the Clause of the Randwick LEP

§ the changes to the design fail to satisfy the design quality principles of SEPP 65

§ the proposal will have detrimental loss of views, privacy and overshadowing impacts.

§ It will compromise the original design of the building for which consent was granted.

 

Accordingly, the proposed changes are not considered acceptable having regard to the S79C assessment under the Environmental Planning and Assessment Act, 1979.

 

7.         Notification and Consideration of Submissions:

 

The application was lodged application was notified from 27 July to 10 August  2011.  Six submissions were received raising the following concerns:

 

·      Loss of daylight to rear section of No. 59 Middle Street

 

Comment: The subject site is located approximately 25m away to the south of the objectors’ property at No. 59 Middle Street and is separated by the existing residential flat building at No. 47-49 Willis Street. As such, the proposed modifications will occur on a site that is located at a significant distance from the objectors’ property and will be physically separated from the objectors’ property by an existing 3 storey residential flat building such that there will be minimal loss of daylight to the objectors’ property. Furthermore, there will be no direct overshadowing of the objectors’ property as the development site is located to the south of the objectors’ property. 

 

·      Loss of privacy 

 

The owners of No. 44 Kennedy Street have raised concerns regarding the loss of privacy from the proposed new east facing rear balcony of the proposed new top floor dwelling unit. While the proposed balcony will be located approximately 10m away from the rear yard of No. 44 Kennedy Street, it is linked to a living room and located at a substantial height that will result in overlooking of the rear yard of No. 44 Kennedy Street.

 

·      Loss of views

 

An objection has been received from a unit owner in the adjoining northern 3 storey split level residential flat building at No. 47-49 Willis Street in relation to view loss. Windows attached to the bedroom areas of dwelling units in No 47-49 Willis Street are provided on the southern elevation of the building. The proposed extensions to the building on the western ends of Levels 4 and 5 will result in additional view loss to the south facing windows of No. 47-49 Willis Street. An assessment of the view loss impacts on these south facing windows of No. 47-49 Willis Street was undertaken for the original DA proposal. That assessment essentially found as follows: 

 

“Step 1 :  At present, the south-facing windows and terrace areas of the upper three levels of the building at No. 47-49 Willis Street currently enjoy district views and distant water views of Botany Bay. It is noted that the existing vegetation along the southern boundary of No. 47-49 Willis Street already present varying degrees of obstruction of these views.

 

Step 2:     The views in question are generally obtained with a person standing. The views are obtained across the side boundary of the subject site and, therefore, are of lesser value than views obtained across an open front boundary.

 

Step 3:     Whilst the high value placed upon the distant views of Botany Bay by residents within No. 47-49 Willis Street is recognised, the loss of these views as a result of the proposed development is considered to be moderate given the “non-iconic” quality and oblique nature (across side boundaries) of these views as discussed above.  Notwithstanding this, the upper level terrace of 47-49 Willis Street will retain a degree of district views.

 

Step 4 :    Any retention of the objectors’ views is considered unreasonable for the following reasons:

 

·      The proposed building complies with the Randwick LEP maximum building and maximum wall height standards.

 

·      The views in question are currently obtained due to the under-developed nature of the subject site. The site is located within Zone No. 2C (Residential C Zone), which permits medium density residential flat developments. At present, the site is only occupied by a two-storey detached residence.

 

·      The district and distant water views are currently obtained across the side boundary of the subject land, which are highly difficult to completely retain due to the densely developed urban context. The views cannot be retained without significantly and unreasonably reducing the development potential of the site. “

 

While these findings, largely and essentially, are still valid and applicable to the view loss concerns raised in relation to the current Section 96 application (in particular, that the district and distant water views are obtained across the side boundary of the subject land such that they are difficult to completely retain), the proposal has now resulted in a development with a greater FSR and higher building and external wall heights, all of which breach the Randwick LEP standard, so that the remaining views from No. 47-49 Willis Street that were retained and preserved under the approved original DA will now be further compromised. This additional loss is considered to be inconsistent with Step 4 of the Planning Principle which states that:

 

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 noncompliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours.”

 

Having regard to the provisions of Step 4, the current Section 96 proposal has an increased number of non-compliances (namely, that of the building and external wall height) resulting in an additional and greater detrimental impact on the remaining views available to No 47-49 Willis Street, such that the proposal is not considered reasonable and acceptable. 

 

·      Increase in traffic and traffic hazard in Kennedy Lane 

 

As the proposed increase in dwelling unit amounts to only one new one-bedroom dwelling unit, it will not result in any significant or major traffic increase beyond that already generated by the proposed development.

 

·      obstruction to access of No. 44 Kennedy Street

 

Council’s development engineers has noted that due to the gate opening at the property alignment on Kennedy lane for the new car space, this car space has inadequate width to allow for adequate car manoeuvring to and from Kennedy Lane. Whilst enlargement of the car park width can be considered, this will further compromise the remaining landscaped planter bed on Kennedy Lane. Accordingly, the subject car park is deficient in terms of width and does not allow for adequate car manoeuvring to and from Kennedy Lane.

 

·      Landscaping provision has been compromised 

 

As assessed in Section 10 below, the proposed rear lane car park results in a decrease in landscape area to 47% which does not comply with the required minimum 50% under the Clause of the Randwick LEP and further compromises the overall landscape treatment.

 

·      Inconsistency between the approved building line and the structure currently being erected on-site.

 

Any inconsistency between the structure currently under construction on-site and the original approved DA plans can and should be addressed as compliance matter.

 

8.         Statutory Controls – S79C(1)(a)

 

8.1.    Randwick Local Environmental Plan 1998

The site is zoned Residential 2C under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council’s consent.

 

Clause 9 – Objectives

Clause 9 of RLEP 1998 requires Council to consider the aims of the LEP and Zone objectives prior to determining any DA on land to which the RLEP applies. The purpose of this Clause is “To require the general aims of this plan and the specific objectives of each zone to be taken into account in the assessment and determination of development applications”.

 

Clause 12 – Zone No 2C (Residential 2C Zone)

The relevant objectives of Zone No 2C are:

 

·      To maintain the desirable attributes of established residential areas, and

·      To protect the amenity of existing residents, and

 

The proposed modifications result in increased visual bulk and scale on the eastern rear section of the proposed development and therefore will be inconsistent with the general aims of RLEP 1998 (Consolidation) and the  specific objectives of the zone in that the proposed built form will detract from the aesthetic character, environmental qualities and social amenity of the locality.

 

Clause 43 – Heritage Conservation

Clause 43 of RLEP 1998 relates to development in the vicinity of heritage items and heritage conservation areas which requires Council to consider the effect of such development on the heritage significance of the area or item. The subject site adjoins a heritage item at No. 53 Willis Street. Council’s Heritage Planner raises concerns that the proposed development will have a detrimental impact on the adjoining heritage item in terms of increased and overbearing bulk and scale and increased overshadowing.

 

8.2.    State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development,

 

The application was referred to the SEPP 65 Design Review Panel in September 2011 and the following comments were provided by the Panel:

 

Panel Comments

This approved DA is the result of long negotiations with the applicant to improve the design to a standard considered acceptable in terms of SEPP 65.  As a result of this process and due to the engagement of a different design architect, the application was approved.  Changes under Section 96 are now proposed and the Panel notes that there is again a change of design consultant.

 

The planning amendments proposed in this Section 96 Application are relatively minor and make little change to the envelope of the building.  The proposed changes to car parking will have a negative impact on the project.

 

Space has been added on the upper floor (level 5) converting an upper bedroom to unit 5 into a separate Unit 6 (which makes sense) and the position of the lift and stairs have changed, mostly within the approved envelope of the building.

 

The Panel has the following comments:

 

1.   It is unclear why it has been necessary to increase the floor-to-floor heights to the extent proposed to achieve a floor to ceiling height of 2.7metres.  Although the building remains within the height limit for the site, overshadowing of the property to the south has been increased.

 

Comment: The applicant has responded by providing advice from a structural engineer advising that the increase in ceiling height is required to accommodate services. While requests for greater floor to floor heights to accommodate services are generally considered reasonable and acceptable where such increases are minor (which would appear to be the case in this subject application), the sections and elevations provided with the application show proposed increases in floor to floor heights that are excessive for such works resulting in an overall building height that is unnecessarily higher (that is, an increase of 1.83m).

 

This issue is compounded by the fact that the elevations and sections do not show the proposed slab thicknesses, and the applicant has not provided details of the type and of services that would need to be accommodated in the higher ceiling heights.

 

2.   It is unclear, from the shadow diagrams provided, whether the modification to the upper floor is contributing to additional or unreasonable overshadowing of the neighbour’s windows to the south or increasing the FSR to above the permissible limit.

 

Comment: Updated shadow diagrams have been provided that indicates that the primary area of increase in overshadowing occurs in the rear yard of the adjoining southern property at No 53 Willis Street. The increase  overshadowing attributed to the increase in height of the proposed development. The increase is not considered reasonable and acceptable and the application is recommended for refusal.

 

3.   Additional landscaping has been proposed along the south side terraces of the building, however it is unclear how deep the soil provided will be to retain good growth, or how these areas will be maintained.

 

Comment: An amended landscape plan has been provided by the applicant including sections that indicate sufficient soil depth along the southern side of the development.

 

4.   The proposed reduction in size of the upper windows on the north elevation is not necessary.

 

Comment:The applicant advises that the reduced window sizes on the north elevation are required to meet  fire rating requirements as these windows are within 3m of the northern boundary.

 

5.   Ventilation needs to be provided for the proposed storage basement.  Would this increase the proposed FSR and would it matter if it did?

 

Comment: The amended plans show the installation of a “high-light ventilation grill” in the new basement storage area. However, the elevations show that the proposed basement storage area is completely enclosed underground such that the proposed “high-light ventilation grill” have no opening to fresh outdoor air.

 

6.   Open-able windows should be provided to bathroom in Units 2 & 3.

 

Comment: The applicant advises that openable windows will not be provided to the bathrooms in Units 2 and 3 as these would not meet fire rating requirements for windows within 3m of a site boundary.

 

7.   There is a need to provide a storm-water retention tank and its location should be shown.

 

Comment: A storm-water retention tank has been provided in the plans submitted on 9 December 2011.

 

8.   Ceiling fans should be provided in habitable rooms and be shown on drawings.

 

Comment: The applicant advises that each of the dwelling units is well ventilated and do not require ceiling fans. Notwithstanding, this advice is considered poor given the proven energy efficiency and utility value of, as well as typical requirement under SEPP 65 for, ceiling fans to be installed to enhance and augment ventilation of units.

 

9.   Lift door openings need to be shown on the drawings.

 

Comment: Lift door opening have been indicated in the plans submitted on 9 December 2011.

 

10.       1:50 scale cross sections showing typical construction details should be provided. This is particularly important with regard to roof details as the elevations are showing improbable roofs given that falls and insulation and ballast would be required for appropriate thermal performance. Retaining walls and boundary conditions could be better described if cross sections were prepared

 

Comment: A 1:50 section has been provided as part of the drawing submitted on 9 December 2011 addressing roof details as required by the Panel.

 

11.       The Panel queries whether the thickness of the car park walls reflects structural realities.

 

Comment: The applicant has provided a one sentence response advising that the thickness of the car park walls “… are the same as approved and are adequate for structural support”.

 

12.       The Panel considers that the expansion of surface and below ground parking on the lane frontage is a poor outcome and unacceptable in terms of SEPP 65. This area should be substantially landscaped area, as the scheme is well short of the required landscape area.

 

Comment: The Panel’s views are supported in the assessment in Section 10.3 below. In particular,  the proposed rear lane car park results in a decrease in landscape area to 47% which is less than the required minimum 50% under the Clause of the Randwick LEP. The loss in landscaped area results in a compromised landscaped treatment and deterioration in the quality of landscaping which in turn adversely impacts on the ability of the landscaping to soften and complement the proposed development. 

 

13.       The Panel is concerned that many points of detail are unresolved and poorly shown on the drawings. This information should have been and is to be provided before the Section 96 can be fully assessed.

 

Comment: The updated plans submitted on 9 December 2011 are still considered inadequate especially in relation to, among other things, floor to ceiling slab thickness, required ceiling heights for specific required services, and façade and external details for the proposed additions and alterations.

 

14.       The 6m retaining wall on the north boundary seems excessive and a possible better outcome could be investigated in this Section 96.  The position of the communication room may need to be changed.

 

Comment: The applicant advises that the proposed retaining wall on the north boundary “… is below the northern neighbour and will have no detrimental impact upon them and will not be evident from the public domain due to its setback from Willis Street”.

 

It is considered that applicant has provided inadequate response to a number the Panel’s issues especially relating to the excessive height, loss of landscaping, overshadowing impact, poor ventilation and poor detailing of the proposed modifications. Given the applicant’s response, the proposal will have a detrimental impact on the approved original design of the proposed development as assessed under SEPP 65 and subsequently approved. This provides valid grounds for refusal of the application.

 

8.3.    State Environmental Planning Policy – Building Sustainability Index: BASIX 2004

The applicant has not provided an amended BASIX Certificate to address the impact of changes in the balcony areas and additional habitable floor areas.

 

9.                Policy Controls– Section 79C(1)(a)

 

9.1.    DCP – Multi-unit Housing

The proposal will be inconsistent with the relevant Preferred Solution and Performance Requirements of the DCP – Multi-unit Housing relating to building height, density and landscaping. In this regard, the proposal results in an excessively high and bulky building with inadequate landscape area contrary to relevant Preferred Solution and Performance Requirements of the DCP. Additionally, the proposal fails to maintain the streetscape amenity because of the dominant visual bulk and scale created by the projecting walls of the proposed additions and results in detrimental amenity impacts on adjoining properties in terms of loss of sunlight, privacy and views.

 

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

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

The proposed amendments  do not satisfy the relevant provision of the Randwick LEP 1998 (Consolidation) and, SEPP 65 – Design Quality of Residential Flat Development,

SEPP - Building Sustainability Index: BASIX 2004 .

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 proposed amendments will be inconsistent with the relevant provisions of the DCP – Multi-unit Housing relating to building height, density and landscaped area.

 

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

Not applicable.

 

 

 

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 proposal will have detrimental impacts on the amenity of the adjoining property in terms of increased overshadowing and the visual amenity of the street in terms of a dominant visual bulk and scale and compromised architectural design, and on the outlook of adjoining residents as assessed in the paragraphs below.

 

 

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

The site was determined to be suitable for the proposed development under the original assessment. The proposed modification will not alter this initial assessment.

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

The application was lodged application was notified from 27 July to 10 August 2011. Six submissions were received and assessed in Section 6.2 above.

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

The proposal does not meet the objectives of the zone and will result in adverse impacts to the environmental and visual amenity of the locality. Accordingly, the proposal is not considered to be in the public interest.

 

10.1. Height, bulk and scale

The proposed modification will add to the height of the approved development by 1.85m to top of parapet (that is, an increase from the approved roof top RL of 65.75 to a proposed top-of-parapet RL of 67.6) of the eastern portion of the proposed development. The increase in building height is excessive considering that, in a typical situation, increased ceiling heights to accommodate revised slab thicknesses and services would not require such a significant increase. The applicant has provided a “structural design certificate” from a civil/structural engineer in support of the need for increased ceiling heights to accommodate services. However, this “certificate” is deficient in that it does not state:

 

§ what specific services are proposed to be accommodated

§ what precise additional ceiling height is required on each floor to accommodate the specific services

 

Additionally, the sections and elevations have provided no dimensions on the thickness of each floor slab on each level.

 

In the absence of these details, the blanket increase in height of 1.83m for the eastern portion of the building so as to accommodate unspecified ceiling heights and unspecified services on each level is considered excessive, unreasonable and unacceptable.

 

The proposed increase in building height is considered unreasonable and unacceptable for the following reasons:

 

§ the increase in building height breaches the maximum building and external wall heights standards under Clause 20G whereas the original DA proposal was approved with a compliant building and external wall height. The proposed new maximum wall height of the building most discernible from the public domain and the Willis Street and Kennedy Lane streetscape will be the new parapet of the building which is approximately 10.9m high. Accordingly, it will result in a visually dominant and intrusive bulk and scale to Willis Street and Kennedy Lane.

§ the excessive increase in building height results in unreasonable increased overshadowing of the adjoining southern property as well as a visually intrusive built form and increased visual bulk and scale.

§ the proposed increase in building height affords a higher vantage point for overlooking adjoining properties especially from the proposed new east-facing balcony to the new top floor Unit 6.

 

 

10.2. Floor Space

The proposal has increased floor area in the following additions:

 

§ Basement storage area (approximately 29 sqm)

§ Internal staircase. hallway and part bathroom of the new Unit 6 (approximately 15 sqm)

§ Staircase and corridor at western end of Level 4 (approximately 15 sqm)

 

These additions result in a new Gross Floor Area of 603 sqm and FSR of 0.9:1 which is greater than the approved non-compliant FSR of 0.87:1 (571 sqm). The increased non-compliant FSR will result in an increased visual bulk and scale particularly in the following parts of the proposed development:

 

§ the top floor of the eastern section of the proposed development where the new dwelling unit is proposed which is exacerbated by the heavy roof form over the south-western balcony and associated heavy planter bed

§ the western end of Level 4 which will have a new walled element enclosing the stairway and corridor.

 

These increases in visual bulk and scale are further accentuated by excessive increases forward in the roof overhang over Levels 4 and 3.

 

In effect, the building will become more dominant and visually intrusive when viewed from adjoining streets and adjoining properties. Additionally, the proposal will have a detrimental impact on the solar access, views, privacy and outlook of adjoining properties as addressed in part in Section 7 above. 

 

10.3. Landscaped area

The provision of an additional car parking space off the rear lane (to address the demand arising from the addition of one new dwelling unit) will result in a loss of deep soil landscape area. In this regard, a calculation of the revised landscape area under the subject section 96 proposal indicates that the correct landscape provision under the proposed modifications will be 310.3 sqm (47%) instead of the 343.2 sqm (52.4%) claimed by the applicant which is a figure that has been inflated by the incorrect inclusion of roof top planter beds. As such, the proposed rear lane car park results in a decrease in landscape area to 47% which is less than the required minimum 50% under the Clause of the Randwick LEP. The original approved DA had a compliant total landscaped area of 50.1% (328 sqm)

 

The loss in landscaped area results in a compromised landscaped treatment and deterioration in the quality of landscaping which in turn adversely impacts on the ability of the landscaping to soften and complement the proposed development.  It is noted that the remaining compromised planter bed adjacent to the proposed new car parking area on Kennedy Lane appears token in nature and has still not addressed the landscaped objectives of the Randwick LEP, with a proposed feature tree shown as Acer negundo (Box Elder), recognised as an invasive environmental weed.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in urban design and development.

Direction 5a:      Improved design and sustainability across all development.

 

Conclusion

 

While the proposed modification will result in a development that will be substantially the same as that originally approved, on merit, it fails to achieve a reasonable and acceptable design outcome with excessive height, bulk and scale and inadequate landscaped area; results in a intrusive and dominant visual bulk and scale; and has a detrimental impact on the amenity of adjoining properties in terms of overshadowing, overlooking and view loss.

 

Concerns raised by objectors regarding the adverse visual impact of the proposed modifications in terms of visual bulk and scale, solar access, privacy and views are considered valid and are supported by the assessment above.

 

It is recommended that the application to modify the consent in the manner described be refused.

 

 

Recommendation

 

That Council as the consent authority, refuse its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/676/2009 by modifying the approved development by the increase in building height, internal reconfiguration, alterations to openings, revised lift location, alteration to basement car park layout and provision of extehded basement car parking and provision of parking within set back from Kennedy Lane, new unit on level 5 and alteration to deck for unit 1  at 51 Willis Street, Kingsford, for the following reasons: 

 

1.       The proposal does not satisfy the relevant objectives for Residential 2C Zone as set-out in the Randwick Local Environmental Plan 1998 (Consolidation) in that: 

 

a)   The proposal fails to maintain the desirable attributes of established residential areas, and

b)   Does not adequately protect the amenity of existing residents

 

2.       The proposal fails to satisfy the SEPP 65 Design Quality Principles as set-out in State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development.

 

3.       The proposal does not satisfy the objectives, preferred solutions and performance requirements for height, density, landscaping, privacy, view sharing and solar access set-out in the Development Control Plan – Multi-unit Housing.

 

4.       The proposed increase in building and external wall height is excessive and does not comply with maximum building and external wall height under Clause 20G of the Randwick LEP 1998 (Consolidation) and results in adverse amenity impacts on adjoining properties and the streetscape in terms of solar access, privacy, view loss and excessive visual bulk and scale.

 

5.       The proposed increase in floor space ratio varies from the maximum FSR  standard stipulated for the zone in the Randwick LEP. The increase in floor space will detract from the purpose of the standard as it will result in adverse amenity impacts on adjoining properties and the streetscape in terms of solar access, privacy, view loss and excessive visual bulk and scale.  

 

6.       The visual bulk and scale of the proposal are not considered to be compatible with the existing development pattern in Willis Street and Kennedy Lane and the local area and will dominate the adjoining and nearby residential buildings. The proposal will not contribute to a satisfactory architectural outcome and will adversely affect the character of the local area and streetscape. Therefore, the proposal is not considered to satisfy the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

 

7.       The proposal will compromise the approved original design of the proposal in that it will have a reduced landscaped area that does not comply with the minimum landscape area standard under Clause 20E of the Randwick LEP 1998 (Consolidation) and therefore compromise the landscaping treatment and measures along Kennedy Lane which are an integral part of the design of the approved development.

 

8.       The proposal will have a detrimental impact on the heritage significance of the adjoining heritage item at No 53 Willis Street and its setting contrary to the provisions contained in Clause 43 of the Randwick Local Environmental Plan 1998 (Consolidation)for the protection of heritage items.

 

9.       The documentation submitted with the application is deficient of information and details relating to the slab thickness, proposed services, colours, materials and finishes of the external surfaces to the building. 

 

10.     The documentation submitted with the application is deficient of information and details relating to an amended BASIX and therefore does not satisfy the provisions of State Environmental Planning Policy - Building Sustainability Index: BASIX 2004.

 

11.     The proposal is not considered to be in the public interest having regard to the public submissions received.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               28 February 2012

 

 

Director City Planning Report No. CP3/12

 

 

Subject:                  11 Monmouth Street, Randwick (DA/410/2011)

Folder No:                   DA/410/2011

Author:                   Chahrazad  Rahe, Assessment Planner     

 

Proposal:                     Demolition of the existing structures and construction of a two storey dwelling with part basement level garage and storage and associated works

Ward:                      North Ward

Applicant:                Kristina Kipper

Owner:                         Kristina Kipper

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

This development application is referred to Council at the request of Councillors Tracey, Stevenson and Bowen.

 

This application seeks consent for the demolition of all existing structures on site and construction of a new two (2) storey dwelling house with a basement garage and storage at the frontage of the proposed dwelling, a rear swimming pool and site landscaping.

 

The subject site is located on the eastern side of Monmouth Street and is bounded by Stephen Street to the north, Monmouth Street to the west, Stanley Street to the south and Chepstow Street to the east. The site falls from the rear (east) to Monmouth Street approximately 2.05 metres and approximately 1.04 metres from south to north. The site has a frontage width of 12.19 metres, a depth of 37.645 metres and a total site area of 458.8m². The site currently occupied by a single storey brick dwelling with a single attached garage at the frontage of the dwelling.

 

The development application was lodged on 6 June 2011 with the most recent amended plans submitted on 24 January 2012 and 8 February 2012. The proposal has been notified on three occasions, with the most recent notification being undertaken on 27 January 2012 following the submission of the amended plans dated 24 January 2012. The most recent plans submitted to Council on 8 February 2012 were not notified as they were merely corrections to show the correct detailing of the garage on the southern boundary and correct natural ground levels to the southern elevation.    

 

Council's notification of the proposal, on all occasions, attracted a number of submissions (i.e. seven (7) during the first notification period, three (3) during the second notification period and six (6) during the third notification period).  Concerns were raised with regards to heritage, bulk and scale, streetscape impact, overdevelopment of the site, amenity impacts (solar access, privacy, overlooking and visual dominance), excavation impacts, view loss, and the location of the swimming pool. This assessment has considered these issues as well as the performance of the application against Council's planning requirements.

 

As part of the assessment process, Council requested that height poles be erected on the subject site to evaluate the proposed impact of the development within the context of the site. These height poles were erected by the applicant and their location verified by a registered surveyor. Following site inspections by Council and with benefits of the height pole, it is considered that the overall height of the rear flat roof sections of the dwelling is excessive and therefore, should be reduced by 800mm to reduce the amenity impacts to neighbouring properties in relation to view sharing. This will also improve the perceived bulk and scale of the dwelling when viewed from adjoining properties and streetscape.

 

Where the proposal does not meet the relevant preferred solutions, the proposal (subject to its reduction in height) will achieve the relevant objectives and performance requirements of the controls.

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979 (as amended), the relevant State policies, and environmental planning instrument and is therefore recommended for approval subject to conditions.

 

 

 

 

2.    The Proposal

 

Original Application - 06 June 2011

The application proposes the demolition of the existing single storey dwelling house on the subject site and the construction of a new dwelling house consisting of the following:-

 

·    A basement / lower ground floor level garage providing car parking for two (2) vehicles / cars, a bin store area, a wine cellar, a storage area and an internal stair, providing access to the upper levels of the dwelling;

·    Construction of a new driveway crossover to access the proposed garage;

·    The western part of the new ground floor level will accommodate a deck at the frontage with a planter box to the west and south.  The deck will be accessed from the proposed living area (Living 2) and guest bedroom and ensuite.  The rear part of the dwelling will consist of a large open-plan kitchen, dining and living area which will open out to the east / rear to a large deck, outdoor living area, swimming pool and private landscaped open space.  A pool equipment room is also proposed, directly abutting the site's eastern boundary.  The ground floor level will be able to be accessed via the proposed internal staircase, up from the proposed basement / lower ground floor level.  The main external access point from the street will be obtained via a new set of stairs along the northern part of the dwelling, providing access to a large patio area, and entry to the ground floor level of the dwelling;

·    The upper / first floor level of the dwelling will consist of two (2) bedrooms with access to west-facing balconies, a study, bathroom, laundry and main bedroom with an ensuite;

·    A series of skylights are proposed, over the kitchen and the upper level main bedroom, to improve sunlight access to the internal areas of the dwelling;

·    Landscaping is proposed elsewhere on the site, to consist of lawn, with no trees proposed to be removed or planted;

·    Within the southern / side setback, a rainwater tank, air conditioning unit and hot water system are proposed;

·    Secondary access is proposed to be provided from the front patio, along the northern part of the site, which is proposed to be accessed via a gate and a set of stairs; and

·    A new 1.8 metre high paling fence is proposed along the site's northern, eastern and southern boundaries and a metal/steel street fence/gate is proposed at the frontage of the site, which distinguishes the main stair/patio entrance to the dwelling.

 

First Amendment - 17 November 2011

 

Modification description

Reason/benefit

Front facade setback at top level increased by 1m.

 

To give more depth to the front facade –

Heritage Officer request.

 

Parapet roof form modified to a gable roof at the front of the building.

 

Heritage Officer request.

 

Street fence modified – inclusion of new planters at the street level.

 

To soften facade – Heritage Officer

Request.

 

Planter on top of the garage is setback by 770mm and reduced in area.

 

To reduce bulk of garage volume and

soften facade – Heritage Officer request.

 

Area of windows at ground & first level

reduced

 

To reduce glazed area and increase

rendered area – Heritage Officer request

 

Reduction of parapets at front facade

To reduce bulk of building - Heritage

Officer request

 

Front facade windows with new fixed top panel

 

Heritage Officer request

 

Southern setback gate reduced in height

 

Heritage Officer request

 

Second Amendment - 25 January 2012

 

Modification description

Reason/benefit

Garage volume and garage door reduced.

To comply with DCP provisions; reduced

bulk at streetscape.

 

Driveway reduced in width.

To protect exist tree roots at engineers

request

 

New roof cut out to back of the house at the first floor level (adjacent to ensuite).

 

To provide additional sunlight to

neighbouring property north facing living room windows.

Southern setback increased at the first floor level by 350mm.

 

 

To comply with DCP provisions; increased

sunlight to neighbours’ north facing windows.

 

Northern setback decrease to accommodate new layout of the Main Bedroom.

 

Reconfiguration of new roof to increase sunlight to neighbours northern windows.

 

Deletion of southern parapet at the rear and reduction in overall wall height from 7780mm to a maximum of 7140mm.

 

To provide additional sunlight to

neighbouring property including windows.

 

New ensuite layout.

Planning reconfiguration to increase

sunlight to neighbours’ northern windows

 

Southern cutout at the first floor level reduced by 2m in east west width.

 

Planning reconfiguration to increase

sunlight to neighbours’ northern windows

 

New 1.6m high privacy screen to drying deck at the first floor level.

To provide privacy to the neighbouring

Property.

 

 

New external louvres to the northern window of the rear main bed.

To provide privacy to the neighbouring property rear garden.

 

Planters to the street fence deleted.

Heritage Officer request.

 

Street fence altered in height (no higher than 1.5m).

 

Heritage Officer request.

 

A/C & Hotwater System relocated along the southern side of the dwelling.

To improve acoustics to neighbouring

Property.

 

New frosted finish to the staircase window.

To improve privacy to the neighbouring

Property.

 

FSR reduced by 16m (refer to Statement of Environmental Effects for perceived FSR).

 

To reduce the bulk of the building.

 

Natural ground levels modified on the elevations and sections.

To correct the natural ground levels indicated on each elevation and section rather than the generic level as shown.

 

Third Amendment - 8 February 2012

 

Modification description

Reason/benefit

Detailing of the garage are shown on the, lower ground, ground level and southern elevation.

Details of the garage to the southern side of the boundary were not shown accurately on the plans.

Natural ground levels modified on the southern elevation.    

To correct the natural ground levels on the southern elevation.

 

***Note:  The assessment is based on the amended plans received by Council on 24 January 2012 & 8 February 2012.

 

3.    The Subject Site and Surrounding Area

 

The subject site, No. 11 Monmouth Street, Randwick, is legally described as Lot 19, Section 1, in Deposited Plan 3716 and is characterised as follows:-

 

·        Located in a block bounded by Stephen Street to the north, Monmouth Street to the west, Stanley Street to the south and Chepstow Street to the east.

·        Located on the eastern side of Monmouth Street.

·        A frontage of 12.19 metres, a depth of 37.645 metres and a site area of 458.8m².

·        The site falls from the rear (east) to Monmouth Street approximately 2.05 metres and approximately 1.04 metres from south to north.

·        The site is presently occupied by a single storey red brick dwelling with a single attached garage at the frontage of the dwelling.

 

4.    Site History

 

There is no relevant history related to this development application.

 

5.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development on three occasions in accordance with the DCP – Public Notification. 

The original proposal was notified on 7 June 2011; and the amended proposals being on 2 December 2011 and again on 27 January 2012 following receipt of further amended plans.

 

5.1 Objections

During the first notification period seven (7) submissions were received. During the second notification period, three (3) submissions were received.  During the third notification period, six (6) submissions were received.

 

Submissions received during the 7 June 2011 notification period are summarised in table 1 below:

 

Table 1:

Address

Summary of Issues Raised

48 Earl Street, Randwick

·      Bulk and scale.

·      Not consistent with row of early 1900's homes lining the eastern side of Monmouth Street.

·      Streetscape domination.

·      Setting a design precedent.

·      Reference to 2A Stephen Street DA and refusal by Council due to square design and lack of setbacks.

13 Monmouth Street, Randwick

·      Amenity impacts.

·      Outlook and views.

·      Bulk and scale.

·      Floor space ratio non-compliance.

·      No account taken of the character of the neighbourhood and streetscape.

·      Impact of excavation for the garage.

·      Solar access impact to living areas of 13 Monmouth Street.

10 Chepstow Street

·      Too large, too high and extends too far to the rear of the property.

·      Loss of amenity due to overlooking.

14 Chepstow Street

·      Non-compliance with DCP for FSR, height, depth of 2nd storey, excavation, side setbacks, garage suite and width, location of pool, loss of amenity to adjoining properties.

·      Only justification offered "to meet the needs of a growing family and modern lifestyle".

·      Loss of amenity as proposed east facing 2nd storey addition will look straight into our 2nd storey / master bedroom and north-west facing balcony.  Direct sightlines.

7 Monmouth Street, Randwick

·      DCP and LEP non-compliances for setbacks, wall height.

·      Dangerous precedent in a Heritage Conservation Area.

·      Bulk and scale.

·      Lack of landscaping, particularly at the site frontage.

·      Visual impact of the garage on the streetscape.

·      The flat roof is inconsistent with all other roofs on the eastern side of the street.

·      The proposed width of the first floor verandah is inconsistent with all other houses in the street.

·      The height and materials of the fencing are inappropriate to the area.

·      Location of the swimming pool is inappropriate and should be located at the rear.

·      Visual and acoustic privacy.

·      Garage width exceeds the preferred solution of the DCP as it exceeds 35% of the site.

·      Depth of excavation and potential impacts on adjoining properties.

12 Monmouth Street, Randwick

·      Materials and finishes are inappropriate.

·      Height of the development does not follow the roofline of the houses on either side.

·      Front setback of the upper level should be increased to be consistent with other dwellings in the vicinity.

·      Development should have a pitched roof.

9 Monmouth Street, Randwick

·      Privacy and solar access to No. 9 Monmouth Street.

·      Impact on the heritage conservation area and streetscape.

·      Bulk and scale and non-compliant setbacks.

·      Concerns regarding excavation for the pool.

 

Submissions received during the 2 December 2011 notification period are summarised in table 2 below:

 

Table 2:

 

Address

Issue

7 Monmouth Street, Randwick

·      Overshadowing.

·      Loss of privacy to the rear residences.

·      Non-compliant FSR.

·      Scale of the house is greatly disproportionate to neighbouring homes.

·      Incongruent with the Heritage Conservation Area characteristics.

·      Proposed demolition and excavation has a potential to damage neighbouring properties.

·      Location of the pool on the northern side of the house is contrary to Council's guidelines.

·      Lack of landscaping to the street frontage.

12 Monmouth Street, Randwick

·      Privacy.

·      Engineering.

·      Size.

·      Streetscape impact.

·      Heritage impact.

13 Monmouth Street, Randwick

·      Bulk and scale.

·      Solar access, views and land stability impacts to No. 13.

·      Impact on views.

 

Submissions received during the 27 January 2012 notification period are summarised and addressed in table 3 below. The following submissions were received:

 

·      7 Monmouth Street, Randwick

·      8 Monmouth Street, Randwick

·      9 Monmouth Street, Randwick

·      13 Monmouth Street, Randwick

·      10 Chepstow Street, Randwick

·      14 Chepstow Street, Randwick

 

Issue

Comment

Excessive scale and height of the development.

The height and FSR of the proposal are discussed in Sections 9.2 & 9.3 of this report and subject to a condition which requires the overall height to the flat roof sections of the development being reduced by 800mm are considered to be acceptable.

 

Construction impacts resulting from excavation and building on sand resulting in damage to surrounding buildings. 

Standard conditions of consent are included in the recommendation which control impacts on adjacent properties.

 

Shadow impacts on adjacent properties.

Subject to the reduction in the overall wall height by 800mm, the shadow impacts are found to be acceptable and satisfied the relevant objectives and performance requirements of the DCP for solar access.

 

Shadow impacts are discussed in detail in Section 9.5 of this report.

 

Adverse privacy impacts on surrounding development at the rear of the subject property.

Potential privacy impacts are discussed in Section 9.8 of this report and subject to a condition are found to be acceptable. 

 

Adverse impact on views to the north side from development.

A consideration of the principles in the Tenacity v Warringah Council in relation to view loss is assessed in Section 9.9 of this report.  As a result of the above considerations, it is recommended that a reduction of 800mm to the height of the rear flat roof sections of the building will contribute to a reasonable level of view sharing.

 

The proposed development is not sympathetic to the streetscape in terms of its modern design.

It is not considered that the design of the development will have a significant impact on the character of the streetscape within the conservation area.  Council’s Heritage Planner has reviewed the revised plans and raised no objections to the overall design of the amended proposal. Appropriate conditions have been included to ensure the colours, materials and finishes of the external surfaces to the building being compatible with the surrounding buildings in the heritage conservation area and consistent with the architectural style of the building.

 

Recommended that the awning entry structure on the ground floor along the northern side boundary be removed as it is to close to this side boundary.

The entry awning is setback greater than 1.5m from the northern side boundary and it is not anticipated that this structure will have any unreasonable amenity impacts to the neighbouring property or streetscape.  Also, this awning structure is located directly adjacent to the neighbouring property’s blank wall.

 

***Note: Consideration of the above issues raised is also addressed at Section 9 of this report.

 

5.2 Support

No submissions of support were received during the notification period.

 

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. Heritage comments

 

The Site

The site is within the North Randwick Heritage Conservation Area and occupied by a cottage originally built in the 1920s, but substantially altered in the post-war period.  Surrounding dwellings on the eastern side of Monmouth Street generally comprise detached dwellings dating from the early twentieth century and are characterised by pitched roofs and gabled front elevations. 

 

Background

Comments on the original application were provided by consultant Rod Howard of Godden Mackay Logan.  No objections were raised on heritage grounds to the demolition of the existing dwelling house.  Concerns were raised however that the proposed new dwelling and garage structure would be incompatible with surrounding development in terms of built character and form, street pattern, window proportions and materials.  A meeting was held to discuss these issues and amended drawings were received.  As compared to the original plans, the amended plans made relatively minor amendments to the street façade elevation which reduced the strong horizontal lines of the original proposal and somewhat diluted its contemporary aesthetic.  Comments on the amended application were again provided by consultant Rod Howard.  Concerns were again raised in relation to incompatibility of the proposal with the established streetscape setting on the eastern side of Monmouth Street, and a further meeting was held.  Several further sets of amended plans were received and meetings subsequently held to discuss outstanding issues with Council’s Heritage Planner.  Amended plans have now been formally submitted. 

 

Proposal

Amended plans have made changes to the design of the garage structure and the new dwelling, including changes to the proposed front setbacks and roof form.  As compared to the original plans, the amended plans have made changes to the configuration of the front fence and garage, and to the front section of the first floor of the dwelling. 

 

Submission

The original application was accompanied by a Heritage Impact Statement prepared by John Oultram which noted that low (non-contributory) heritage status of the existing dwelling on the site.  The heritage consultant was not involved in subsequent meetings in relation to the proposal. 

 

Comments

Amended sketches have been reviewed in relation to the comments provided by Rod Howard, particularly as they refer to the design guidelines contained in the Draft DCP. 

 

Garage and fencing

Recent heritage comments noted that there are currently no double width garages with front parapets in Monmouth Street.  The widest of the neighbouring garages at no.13 immediately to the south has a width of 5.6m.  Similarly a recent approval for changes to an existing garage at no.17 allowed for a width of 4.3m.  The proposed overall width of the garage is 7.85m.  The approval of a double garage of these dimensions would be incompatible with objectives for Accommodating the Car contained in Council’s Draft DCP for the North Randwick Conservation Area and would be inconsistent with recent approvals in the vicinity of the site.  Council’s Development Engineer has advised that the footpath crossing is to be considerably reduced in width to allow for the retention of the existing street tree.  Given that a double garage door width will no longer be feasible, a consent condition should be included requiring that the garage width at the front boundary should not exceed 6m.  The landscaped area to the south of the entry gate can be enlarged accordingly.  The height of the garage structure has been reduced by setting back and slightly lowering the edge of the planter above it.  This reduction in scale will further assist in reducing the streetscape dominance of the garage.  The proposed 1.6 – 1.8m high metal and steel fence and gate to the remainder of the frontage front fence has been replaced by a masonry fence of the same height set back from the front boundary by a 500mm wide planter box.  It is recommended that the front fence and gate be located on the line of the front boundary, have a maximum height of 1.5m and be of open design.  An appropriate consent condition should be included requiring details of the design of the front fence and gate to be provided. 

 

Dwelling house

Recent heritage comments noted that poor relationship between the proposed dwelling and its neighbours in terms of scale and roof form.  It was considered that the proposal presented in subsequent sketches would remain a dominant element in the streetscape of the heritage conservation area due to its height and blocky form.  It is noted that upper level additions to neighbouring dwellings in the group on the eastern side of Monmouth Street retain their traditional gabled roof forms, are set further to the rear and have less streetscape prominence.  Amended drawings have increased the width of the upper level balcony and replaced the proposed flat roof of the front pair of bedrooms with a gabled roof.  The change to the upper level balcony has correspondingly set back the front wall of the upper level, reducing its prominence in the streetscape.  The change to the roof form has lowered wall height by around 1.3m, improving the compatibility of the proposal with the scale and massing of dwellings to the south.  Provision of awnings to upper ground and upper level doors provides further articulation to the front elevation.  While the Statement of Significance for the heritage conservation area notes the importance of face brick construction, it is noted that a number of surrounding dwellings have had original face brickwork rendered and painted.  There are no heritage objections to a rendered and painted finish for the proposed dwelling.  The use of less contrasting finishes and a more recessive colour scheme however would assist in integrating the new dwelling in the streetscape.  An appropriate consent condition should be included. 

 

Planners Comments

Councils Heritage Planner has advised that there are no further comments in relation to the amended plans dated 24 January 2012 and the issues relating to the garage width and fencing design have been fully addressed.

 

6.2      Development Engineers

 

Amended plans have been received for the construction of a new dwelling at the above site.

 

This report is based on the following plans and documentation:

·      Architectural Plans by Anna Vaughan Architects, project no 1015, dwg no A02-05, issue C, dated 24.01.12, and dwg A01 & A06, issue B, dated 24.01.12;

·      Statement of Environmental Effects by Anna Vaughan Architects, Issue 02, revised January 2012.

 

Tree & Landscape Comments

Previous reports for this site and application identified the need to retain the mature Lophostemon confertus (Brush Box) growing on Council’s Monmouth Street nature strip, to the north of the existing vehicle crossing, due to this tree being part of a highly significant avenue planting of this species that exists on both sides of the street, along its full length.

 

However, this would not have been possible if works proceeded as was shown on the original plans, as the existing 1600mm setback off its trunk to the northern side of the crossing was to be drastically reduced down to only 300mm, which would have necessitated its removal due to the extensive loss of roots.

 

As this would be an unsatisfactory outcome for Council, which could not be supported, the applicant was instructed to amend their plans showing that the existing 1600mm setback between the tree and crossing will be maintained.

 

Revised plans complying with Council’s requirements have now been received, and as such, conditions specifying how this street tree must be protected have been included in this report, and includes a refundable deposit as security for compliance.

 

There is a large and mature Gum tree, which given the location of the existing timber pailing fence, appears to be growing beyond the eastern boundary, within 12 Chepstow Street, and was observed to have a large wound on the western side of its trunk.

 

However, the site survey shows it is actually located on the common boundary between the two properties, meaning they both share joint ownership, but as there are no major works in this area, it should not be affected.

 

7.    Master Planning Requirements

 

No master planning requirements apply to this 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 (consolidation)

 

Clause 12 - No. 2C (Residential C Zone)

The site is zoned 2C ("Residential C") under Randwick Local Environmental Plan 1998 ("RLEP 1998").  Sites to the east, south and west are also zoned Residential C, with sites to the north zoned Residential A for low density development.

 

Pursuant to Clause 12 of the RLEP 1998, "dwelling houses" are a permissible use, with Council consent, in the Residential C Zone.  The objectives of the Residential C zone are:-

 

(a)  to provide a medium density residential environment, and

(b)  to maintain the desirable attributes of established residential areas, and

(c)  to protect the amenity of existing residents, and

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

(e)  to encourage housing affordability, and

(f)  to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality.

 

The proposal, whilst not a "medium density" form of development, is considered to be appropriate for the site, particularly due to the fact that the site shares a common boundary with a site to the North (No. 9 Monmouth) that is zoned for low density residential (Residential A zone). Accordingly, the proposed development is consistent with objective (a), and is considered to be appropriate given the transition in zoning between the subject site and the adjoining site to the north.

 

Subject to compliance with conditions stated at the conclusion of this report, the proposal is considered to be consistent with objectives (b) and (c).

 

Objectives (d), (e) and (f) are not relevant in this instance, as the residential use of the site will continue.

 

Part 4 - Heritage Provisions

The site is located within the North Randwick Heritage Conservation Area.

 

Part 4 of the LEP requires that Council take into consideration the likely effect of a proposed development on the heritage significance of any heritage items, or heritage conservation areas.

 

The application is supported by a Heritage Impact Statement as required by clause 43(5). The application was referred to Council’s Heritage Planner for assessment. Whilst initially there where some concerns relating to the proposed development, these concerns have been addressed within the amended current proposal and there are no further objections raised by the Heritage Planner. The proposal is not considered to have any unreasonable detrimental impact on the heritage significance of the conservation area and will satisfy the relevant requirements of Part 4 - Heritage Provisions of the Randwick LEP (Consolidation). Refer to detailed assessment made by Council's Heritage Planner.

8.1 Policy Controls

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

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

 

DCP Clause

Preferred Solution

Proposed

Compliance

Solar Access

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

The rear private open space of the subject site will retain three (3) hours of sunlight between the hours of 9am and 3pm on 21 June.

Yes

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

The dwelling includes suitable north facing living room windows

Yes

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours of sunlight over at least part of their surface between 9am and 3pm on 21 June.  If less than 3 hours is available under current conditions, access to sunlight is not reduced.

The amended proposal does not achieve the minimum 3 hours of solar access to part of the neighbouring property’s rear ground level north facing living room windows. 

No. Refer to comments in Section 9.5 below.

The principal outdoor recreation space of neighbouring dwellings receives at least 3 hours of sunlight over at least part of its area between 9am and 3pm on 21 June. 

Adequate solar access to the rear yards of the neighbouring properties will be achieved.

Yes

Stormwater

·      Stormwater form all buildings and surfaces is graded and drained via a gravity system to Council's street gutter, or to a suitable absorportion system.

·      Rainwater tanks or other storage systems collect roof runoff for treatment and re-use for toilet flushing, laundry purposes and garden watering.

·      Triple A rated water-efficient plumbing fixtures (taps and shower roses) and water-efficient duel flush toilets are installed in new developments.

·     Landscaped areas are to contain low water demand plant species, group together species with similar watering requirements, use appropriate mulches for planter beds, and use drip irrigation systems and irrigation controllers to prevent over-watering where irrigation systems are proposed.

The application was not accompanied by a stormwater plan however suitable conditions have been provided by Council Engineer.

 

Yes

Landscaping

A minimum of 40% of the total site area is provided as landscaped area.

The plans as lodged provided for a landscaped area of 235.84m², or 51.4% of the site area.  The amended design does not reduce the total landscaped area and therefore the proposal remains compliant.

Yes

Each dwelling is provided with at least 25m² of useable private open space.

The total private open space area provision is 115.21m².

Yes

Each dwelling's private open space is capable of containing a rectangle with minimum dimensions of 3 x 4 metres with only minor change to level.

The landscaped area/ private open space to the rear of the dwelling exceeds these dimensions.

Yes

Private open space proposed towards the front of a dwelling house or an attached dual occupancy is located behind the required building line.

No private open space is provided forward of the dwelling.

Not applicable

A minimum of 20% of the site area has a permeable (soft landscaped) treatment.

The total soft landscaped area provision on the site is 118m² which is 26% of the site area.

Yes

Floor area

The floor space ratio of a dwelling house must not exceed 0.9 - Site Area (m²) / 1500. For the site, this means a maximum FSR of (0.9-0.3):1, being 0.6:1.

Applicant’s FSR calculation = 0.83:1

Council’s FSR calculation = 0.86:1

No. Refer to comments in Section 9.2 below.

Height, Form and

materials

The external wall height of a dwelling house or attached dual occupancy does not exceed 7 metres.

North – 8.5m up to 9.135m.

South – 6.4m (front section), 6.865m (rear section) & approx 7.45m (centre of building).

No. Parts of the walls do not comply. Refer to comments in section 9.3 below.

The external wall height of buildings or additions to the rear does not exceed 3.5m

n/a

n/a

Cut or fill does not exceed 1 metre.

The proposed excavation on the site is greater than 1m.

No. Refer to comments in section 9.1 below.

Excavation does not occur within 900mm of a side boundary.

The proposal includes excavation less than 900mm from a site boundary.

No. Refer to comments in section 9.1 below.

Excavation does not occur within 4 metres of the rear boundary.

There is no excavation within 4m of the rear boundary.

Yes

The length (depth) of a second storey portion is no greater than 12 metres at less than 1.5 metres from a southern boundary.

The upper floor of the building is well articulated to achieve compliance.

Yes

Building setbacks

The front setback is the average of the setbacks of the adjoining dwelling houses and where there is no adjoining dwelling house, front setback is 6 metres.

The front setback is consistent with the average setbacks of adjoining dwellings.

Yes.

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

No part of the dwelling will be closer than 4.5 metres from the rear boundary.

Yes

Side setbacks are no less than 900 metres for any part of a building over 1 metre above ground level and up to one level in height.  1.5 metres for any part of a building that is two levels.  3 metres for any part of the building that is more than 2 levels in height.

Dwelling

Ground level:

On the ground level the dwelling is setback at least 900mm from the side boundaries.

 

First Floor level:

On the first floor level majority of the dwelling is setback at least 1.5m, only a small section at the front to the northern side for a length of 4285mm is setback 1.15m which does not comply with the preferred solution requirement of 1.5m.

 

Garage:

Lower ground level:

The southern wall of the garage is sited on the southern site boundary with a nil setback.

Dwelling

Ground level:

Yes

 

 

 

 

 

First floor level: 

No. Refer to comments at Section 9.4 below.

 

 

 

 

 

 

 

 

 

 

Garage:

Lower ground level:

No. Refer to comments at Section 9.4 below.

Visual and

Acoustic privacy

Habitable room windows with a direct outlook to another dwelling's habitable room windows within 9 metres are offset by more than 45 degrees or have fixed obscure glazing installed below 1.5 metres above floor level.

The windows proposed to the development have been design and located to prevent overlooking.

Yes. 

Where a direct view is available into the private open space of an existing dwelling, outlook from windows, balconies, stairs, landings and terraces and decks is obscured or screened

The first floor main bedroom to the northern elevation at the rear of the site has substantial expanses of glazing and a condition is recommended to ensure that adequate levels of privacy to the rear yard of the neighbouring property will be maintained.

Yes.  Conditioned to comply. Refer to comments in Section 9.8 below.

Buildings comply with AS - 3671 and AS - 2107 for Acoustics.

Council's standard conditions of consent ensure that all buildings have been designed to comply with the relevant Australian Standards for acoustics.

Yes

Safety and

Security

Front doors of dwellings are visible from the street.

The front entry door will be visible from the street.

Yes

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

The ground floor living room and various bedrooms overlook the street.

Yes

Garages, Carports and driveways

Car parking spaces have a minimum dimension of 5.5 metres and 2.5 metres.  Driveways have a minimum width of 3 metres and are setback at least one metres from the side boundary. 

Complies with the minimum dimension requirements.

Yes

Where vehicle access is available only from the front of the allotment, carports and garages to be located behind the building line.

The garage is located forward of the building line.

No. The size and location of the garage is not anticipated to have any unreasonable adverse impacts upon established streetscape or surrounding heritage conservation area as the garage occupies the same extent of the property as those to adjoining properties thereby maintaining reasonable levels of visual consistency. Also, this is supported by the Heritage Planner. Refer to comments at Section 9.4 below.

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

The garage element comprises 49.22% of the front boundary.

Fences

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

The proposal has a revised fence height of 1.5m to the front boundary as recommended by Council Heritage Planner.

Yes. It is considered that the front fence will integrate with the surrounding streetscape and will be compatible with the appearance of the building and established fencing form and material within the streetscape of the conservation area.

 

***Further discussion regarding compliance with the Randwick DCP is provided in Section 9 below of this report.

 

9.        Key Issues and Areas of Non Compliance

 

Issues raised in public submissions and those matters of concern noted above are addressed in the following section of this report.

 

9.1      Excavation and Geotechnical Considerations

The proposal includes excavation to a depth of:

 

·              about 2.4m for the basement garage, which is located immediately on the southern site boundary, and;

·              about 2m for the swimming pool. 

 

Concerns were raised in the submissions in relation to excavation and potential impacts on adjoining sites, particularly with regard to excavation directly adjacent to the southern boundary for the construction of the garage.

 

The application is supported by a Geotechnical Investigation Report by Jeffery and Katauskas Pty Ltd, which provides recommendations to manage the works to avoid adverse impact as a result of demolition, excavation and construction works.

 

This report recommends compliance with the terms of the geotechnical report, including preparation the dilapidation reports of adjoining buildings and structures prior to works commencing.

 

Suitable conditions have been included to ensure that excavations are appropriately supported to protect the adjoining premises from possible damages. 

 

9.2         Floor Space Ratio

The proposed FSR as indicated on the submitted plan is incorrect. Council calculations indicate that the proposed FSR is approx. 0.86:1 (or 395.33m²) rather than 0.83:1 (382m²) as indicated on the documentation. Therefore, the proposed development will further exceed the preferred solution FSR of 0.598:1 (or 274.4m) for a site area of 458.8m² as stipulated in the DCP.

 

An assessment is made as to whether the proposal satisfies the objectives and performance requirements of the DCP.

 

The immediate locality contains a variety of single and two storey dwelling house developments and residential flat buildings.

 

Whilst the variation from the preferred solution is substantial, the recommended height reduction to the rear flat roof section of the building will reduce the visual bulk of the building and also minimise the adversely impact on the amenity of the adjoining properties. 

 

The revised proposal is deemed to satisfy the performance requirement, namely, that the building bulk is generally compatible with the surrounding built forms and will not result in significant additional building bulk that will dominate the site or detract from the character of the streetscape or surrounding area.  Refer to Figure 1 below.

 

The bulk of the building is suitably distributed over an architectural form that incorporates appropriate articulation and façade treatment. The articulation of the dwelling adds to the visual interest of the development. The proposal is considered to have minimised streetscape and amenity impacts.

 

Further, a substantial portion of the total floor area (i.e. approximately 67sqm) is within the basement level.  This area is below the existing natural ground level and therefore does not substantially add to the bulk of the building.  Whilst the FSR will still be in excess of the preferred solution, the effects of the FSR will not be as significant.

                                  

As such, it cannot be argued that this development will be substantially out of keeping with the established character of the locality; and for the above reasons, the proposed FSR of the development is considered acceptable.

 

Figure 1: View of the subject site and adjoining properties.

 

9.3      Height

Section 4.3 of the DCP makes provision for the control of building heights and nominates a preferred solution as being a maximum external wall height of 7m.

 

The external wall height on the southern elevation to the front section of the building (under the pitched roof) and to the rear section of the building is less than 7m when measured from the existing ground levels. The front section has a maximum external wall height of 6.4m and the rear section has a maximum external wall height of 6.865m.  Only the centre section of the building is greater than 7m and this section of the building is recessed and has a varied setback of 1.63m to 4.03m.

 

To the northern side elevation, the maximum external wall height of the building is 9.135m for a small section of the wall which spans 3m. However, the front section of the building (under the pitched roof) has a maximum external wall height of 7.54m and the majority of the building to the rear has an average external wall height of approx. 8.6m from the natural ground level.

 

As part of the assessment process, Council requested that height poles be erected on the subject site to evaluate the proposed impact of the development within the context of the site. These height poles were erected by the applicant and the location of the poles were verified by a registered surveyor. Following site inspections by Council and with the benefits of the height poles, it is considered that the overall height of the rear flat roof section of the development is excessive and therefore should be reduced. In this regard, it is recommended that a reduction of 800mm to the height of the rear flat roof section of the building will improve the perceived bulk and scale of the dwelling when viewed from adjoining properties and streetscape; and will also contribute to a reasonable level of view sharing, where the distant views of CBD and Bondi Junction, including the general profile of the high-rise buildings therein, will be partially retained.

 

As a result of the above recommendation, the external wall height to the southern elevation of the whole building will comply with the 7m height control. However, to the northern side the development will still not comply with this provision. 

 

Notwithstanding the above, the departure from the preferred solution external wall height to the northern elevation is not unreasonable in this instance as the building is setback adequately from the northern side boundary and will not unreasonably impact on the amenity of the neighbouring properties or the streetscape within the conservation area.  Also, the height will be consistent with the external wall height of adjoining two storey dwellings and the overall objectives and performance requirements of the DCP will be satisfied.

 

9.4         Setbacks

The side setback controls aim to allow occupants and neighbours adequate natural lighting and ventilation.

 

Whilst the side setbacks to part of the development do not comply with the preferred solution requirements of the DCP, it is considered that the development will still comply with the relevant objectives and performance criteria of the DCP.

 

Garage

The southern wall of the garage is sited on the southern site boundary with a nil setback not complying with the preferred solution requirement of the DCP of 900mm.  The plans indicate that the garage will protrude about 2.8m to the front and then up to approximately 1.1m to the rear above the existing natural levels at the southern boundary.  

It is not considered that the garage wall to this side of the boundary will result in any unreasonable amenity impacts to the neighbouring properties. This wall will not unreasonably affect solar access to any nearby north facing windows.  Part of the wall is adjacent to the neighbouring properties garage and a portion of this wall will be blocked by the existing fencing along the common wall boundary.

 

It is considered that the variation in this case is acceptable and strict compliance with the side setback requirements would not result in any significant improvement to the amenity of the adjoining dwellings and the character of the streetscape.  Also, there are other garages within the street which are sited to the front and side boundaries with a nil setback and the width of these garages are greater than 35% of the site width.  The garage is not considered to dominate or detract from the overall design of the dwelling or the street character of the conservation area. Therefore, the overall objectives and performance requirements of the DCP will be satisfied.

 

Southern side setback on the first floor level

On the first floor level a small section of the wall is setback 1.15m (for a width of 4285mm) from the southern side boundary not complying with the preferred solution requirement of 1.5m.

 

Notwithstanding the above, it is not considered that the variation will result in any significant adverse impacts to the neighbouring properties or streetscape.  Also, there is no real benefit in increasing the wall on the southern side boundary to 1.5m as it will not significantly improve solar access to the neighbouring properties north facing windows. The majority of the southern wall is setback greater than 1.5m and the overall objectives and performance requirements of the DCP will be satisfied.

 

Front setback on the ground floor

No objection is raised to the ground floor setback of 4.46 metres, noting that unroofed balconies are able to encroach into setbacks. The front setback to No. 9 Monmouth is 4.5metres and to No. 13 Monmouth, the front setback is approximately 5.4 metres. The proposed setback will be generally consistent with the front setbacks of adjoining properties.

 

9.5      Solar Access

The new dwelling will impact upon solar access to north facing windows of No. 13 Monmouth Street.  It is accepted that this outcome is largely a function of the orientation and narrow width of the subdivision pattern.

 

Nevertheless, it is evident that various elements of the proposal also contribute to this outcome, including:

 

·    Excessive GFA

·    Exceedence of maximum wall height control

·    Length of the upper floor.

 

The above issues were initially discussed with the owner and applicant by letter and at the meeting on 16 January 2012 where it was agreed that the proposal will be amended to achieve the minimum 3 hours of solar access to part of the neighbouring property’s rear ground level north facing living room windows.  However, it is noted that the amended shadow diagrams only show that approximately 2 hours and 45 minutes will be achieved. 

 

Notwithstanding, the lower building height as currently requested by Council would contribute to a better view sharing outcome, where the distant views of CBD and Bondi Junction, including the general profile of the high-rise buildings therein, will be partially retained.

 

Whilst the amended proposal fails to achieve the preferred solution for solar access, it is considered that the relevant objectives and performance requirements of the DCP have been achieved for the reasons as follows:

 

·    The amended proposal complies with the rear setback requirement of 4.5m and satisfies the relevant objectives and performance requirements of the DCP.

·    The proposal provides generous setbacks from both side boundries, which further minimises the potential impact on the amenity of adjoining properties.

·    A condition is recommended to reduce the overall height of the rear flat roof section of the building by 800mm so that the entire southern external wall of the dwelling will be less than 7m above the existing ground levels.

 

9.6      Bulk and Scale

Concerns were raised in a number of the submissions in relation to the visual bulk and scale of the development when viewed from the streetscape and also, from adjoining properties.

 

A comparison of the proposed bulk and scale of this development with the adjoining development and established character of the locality determines that the proposed bulk and scale of this development will not be inconsistent with other development within the streetscape and therefore satisfies the objectives and performance requirements of the DCP for Dwelling Houses & Attached Dual Occupancies. Further, a condition is recommended to lower the height of the development by 800mm to reduce the overall bulk and scale of the development.

 

9.7      Noise

Concerns were raised in a number of the submissions in relation to potential noise impacts form the development, and more specifically, from an air conditioning unit and pool equipment. These matters will be addressed by way of conditions of consent.

 

9.8      Privacy

 

Dwelling

A number of the concerns raised in the submissions related to the potential privacy impacts of the proposed development on adjoining sites to the north and east. Key issues are:

 

·       The first floor main bedroom to the northern elevation at the rear of the dwelling has substantial expanses of glazing which will afford direct views into the rear yards of dwellings to the north of the site. It is acknowledged this room is not a living room. However, its elevated position, and the number and size of the windows will erode the sense of privacy to adjacent site.  Whilst it is acknowledged that external louvres have been provided to part of this north facing windows, the area that is not covered by the external louvres will still be able to overlook the rear yard of the neighbouring property at No. 9 Monmouth Street.  It is therefore recommended that one of the following treatment be implemented:

 

1)  The north facing windows to the main bedroom is to have a minimum sill height of 1.5m above floor level, or

2)  the windows are to be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below the above specified height, or alternatively,

3)  the external lourves proposed must extend the full width of these windows and the depth of the screen must have a minimum height of 1.5m above floor level.

 

The above condition will ensure that adequate levels of privacy to the rear yard of the neighbouring property will be maintained.

 

·       In relation to upper level bedroom 1 to the front of the dwelling, this window will primarily overlook the front yard of the property; and bedrooms are not considered to be areas of high traffic and do not generate substantial overlooking impacts.

 

·       In relation to upper level study room to the northern elevation, this window will primarily overlook the roof of the adjoining property at No. 9 Monmouth Street and is considered to be acceptable.

 

·       The upper floor level windows to the rear elevation are setback greater than 9m from any adjoining property boundary and will primarily overlook the rear yard of the subject site rather than the privacy open space or living areas.

 

·       The front entry includes a substantial landing which extends to the northern site boundary. Given that it will only be used to access the dwelling and that it is not directly adjacent to the neighbouring properties window beyond a 45 degree angle from the corner of the landing, there are no objections to the height and location of the elevated entry landing as there will be no substantial privacy loss.

 

·       The proposal includes a first floor balcony centrally located on the northern elevation with 1.6m high privacy screens to the north and east ends of the balcony.  It is not considered this balcony will have any unreasonable privacy impacts to the neighbouring properties. The balcony is not attached to any principal living areas of the dwelling, but instead is adjacent to the hallway on the bedroom level. The location of the balcony is unlikely to become a major recreation area for the occupants. The balcony is located and designed to allow clothes drying and household services. Also, the proposed screens will have an adequate height and will effectively obscure views.

 

Pool

The proposed swimming pool will be used for domestic purposes and it is not anticipated that the proposed pool will result in noise impacts substantial enough to justify its refusal.  The pool is setback sufficiently from the northern side boundary and the coping to the northern edge of the pool is not wide enough to allow extensive use of the area. It is therefore considered that the pool will satisfy the relevant objectives and performance requirements of the DCP.

 

9.9      View loss assessment

 

Introduction

Sharing of views is a design performance requirement in Council’s Dwellings Houses and Attached Dual Occupancies Development Control Plan.

 

An assessment of the proposed development and its impact on views is carried out in accordance with the Land and Environment Court planning principle after Roseth SC pp.25-29 in Tenacity Consulting v Warringah [2004] NSWLEC 140. This assessment is guided by a four step process identified by the Land and Environment Court.

 

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.”

 

Comments:

From No. 13 Monmouth Street, the key view that will be affected by the proposal is a horizontal band of distant city views, distant Harbour Bridge & Sydney Tower views, Queen Park and skyline views of Bondi Junction. The views are partially obscured by trees and roof tops. Harbour Bridge & Sydney Tower are “iconic” items.  Refer to Figure 2 below.

 

 

 


Harbour Bridge

 

Bondi Junction

 

Sydney Tower

 

Figure 2: Panoramic views to the north from the front first floor balcony at No. 13 Monmouth Street.

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.”

 

Comments:

No. 13 Monmouth Street - the views are currently enjoyed across the northern side boundary of the property from the first floor balcony which is at the front of the property, ground level windows to the living room and upper level windows to the lounge and main bedroom. The view from the front balcony and windows are mainly obtained from a standing position.  Refer to Figure 3 to 5 below.

 

Sydney Tower

 

Figure 3: View of the Sydney Tower, photo taken from the front upper level balcony at No. 13 Monmouth Street.

Harbour Bridge

 

Bondi Junction

 

Figure 4: Panoramic views to the north from the upper level north facing windows to the rear section of the building at No. 13 Monmouth Street.

 

Figure 5: View of Bondi Junction from the upper level rear lounge room windows of 13 Monmouth Street.

 

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.”

 

Comments:

The owners of No. 13 Monmouth Street have documented the impacts this proposal would have on views of Queens Park and the Bondi Junction/Sydney CBD skylines enjoyed from both their ground and first floor north facing windows.

 

In evaluating this matter it is noted:

 

·       The views are expansive and, at least in part, arguably include distant view of 'iconic' buildings within the Sydney CBD i.e. Harbour Bridge and Sydney Tower;

·       These views are obtained principally across the side boundaries of the adjacent and nearby properties. The Tenacity planning principle recognises that an expectation to retain side views is often unrealistic;

·       However Tenacity also recognises 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. As noted previously, this proposal exceeds (in some instances substantially) key built form controls.

 

For the above reasons, it is recommended that the height of the rear flat roof section of the building be reduced by 800mm as this will partially retain the distant views of the 'iconic' buildings within the Sydney CBD and part of the distant Bondi Junction skyline views.  See Figure 6 below.

 

Harbour Bridge

 

Bondi Junction

 

Figure 6:  The Top of the shaded area represents the height of the proposed development and the hashed line represents approximate reduced height recommended by the assessment officer.

 

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.”

 

Comments:

Whilst it is acknowledged that the proposal will result in moderate view loss to the neighbouring property at 13 Monmouth Street. It should be noted that the height of the rear section of the development is excessive. In this regard, an appropriate condition is recommended in this report requiring the height of the rear flat roof section of the building be reduced by 800mm to ensure at least part of distant views of the Sydney CBD and Bondi Junction are retained. This will also improve the environmental amenity of adjoining properties and respectively allowing greater sharing of views.

 

Summary: Having regard to the above assessment, it is considered that the amended proposal subject to the reduction of the building height will be a more skilfully design than the original scheme. The views that are likely to be affected are across the side boundary as such it would be unreasonable to expect the whole views to be retained.

 

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

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 submissions 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

 

For the most part, the amended proposal complies with the relevant assessment criteria and preferred solutions of the DCP for Dwelling Houses and Attached Dual Occupancies.  Where compliance with the preferred solutions has not been achieved, the proposal is considered to be acceptable and satisfied the objectives and performance requirements of the DCP.

 

In terms of view loss, the amended proposal has been assessed using planning principle established by the Land Environmental Court in Tenacity Consulting Pty Ltd vs Warringah Council (2004) proceedings and subject to the reduction of the building height was found to be acceptable in regards to the four step assessment set out by Senior Commissioner Roseth.

 

Having regard to all relevant matters for consideration, the amended proposal will not result in any significant adverse impacts upon either the amenity of the adjoining/nearby properties or the character of the locality within the Conservation area.

 

For the above reasons, the amended 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. DA/410/2011 for demolition of the existing structures and construction of a two storey dwelling with part basement level garage and storage and associated works at 11 Monmouth Street, Randwick subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

A01 (Issue No. B)

 

24/01/2012

24 January 2012

A02 (Issue No. D)

Anna Vaughan Architects

8/02/2012

8 February 2012

A03 (Issue No. C)

24/01/2012

24 January 2012

A04 (Issue No. D)

8/02/2012

8 February 2012

A05 (Issue No. C)

24/01/2012

24 January 2012

A06 (Issue No. B)

24/01/2012

24 January 2012

AR07

10/2/2012

10 February 2012

 

BASIX Certificate

No.

Dated

Received

 

379577S_03

 

24 January 2012

24 January 2012

 

Amendment of Plans & Documentation

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

 

a.   The height of the rear skillion/flat roof portions of the dwelling house shall be reduced by 800mm. Details of compliance are to be submitted to and approved by Council’s Director City Planning. 

 

b.   The north facing windows to the main bedroom must have a minimum sill height of 1.5m above floor level, or the windows must be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height, or alternatively, the external lourves proposed must extend the full width of the windows. The depth of the screens must have a minimum height of 1.5m above floor level and are to be fixed in an up ward angle to prevent overlooking. Details of compliance are to be submitted to and approve by Council’s Director City Planning.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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


 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.       The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing building and surrounding buildings in the heritage conservation area and consistent with the architectural style of the building.  Details of the proposed colours, materials and textures (i.e.- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

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 $903,292, the following applicable monetary levy must be paid to Council: $9032.92.

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·           $1000.00    -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Design Alignment levels

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

 

The design alignment level/s at the property boundary as issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate (a construction note on the plans is considered satisfactory). The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

9.       The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $561.00 calculated at $46.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

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

 

Sydney Water

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

 

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

 

Stormwater Drainage

12.     Prior to the issue of a construction certificate detailed drainage plans shall be prepared by a suitably qualified hydraulic engineer and submitted to and approved by the certifying authority. A copy of the plans shall be forwarded to Council, if Council is not the certifying authority. The drainage plans must demonstrate compliance with Australian Standard 3500.3:2003 (Plumbing and Drainage - Stormwater Drainage) except as varied by the conditions of this development approval.

 

13.     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 Council's kerb and gutter.

 

NOTES:

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

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

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

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

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

(v)  with a galvanised heavy duty screen (Lysaght RH3030 Maximesh`01

(vi)  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. Other equivalent methods of infiltration may be adopted.

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

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

 

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

 

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

 

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

 

14.     Site seepage and sub-soil drainage (from planter boxes etc) must comply with the following requirements:

 

a)    Seepage/ground water and subsoil drainage (from planter boxes etc) must not be collected & discharged directly or indirectly to  Council’s street gutter or underground drainage system

 

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

 

c)    The walls of the basement level/s of the building are to be waterproofed/tanked to restrict the entry of any seepage water and subsoil drainage into the basement level/s of the building and the stormwater drainage system for the development.

 

d)    Sub-soil drainage systems may discharge via infiltration subject to the hydraulic consultant/engineer being satisfied that the site and soil conditions are suitable and the seepage is able to be fully managed within the site, without causing a nuisance to any premises and ensuring that it does not drain or discharge (directly or indirectly) to the street gutter.

               

e)    Details of the proposed stormwater drainage system including methods of tanking/waterproofing the basement level/s and any sub-soil drainage systems (as applicable) must be prepared or approved by a suitably qualified and experienced Professional Engineer to the satisfaction of the Certifying Authority and details are to be included in the construction certificate.

 

            Protection of Street Tree

15.     In order to ensure retention of the Lophostemon confertus (Brush Box) located on Council’s Monmouth Street verge, to the north of the existing/proposed vehicle crossing, 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 street tree, with the position and diameter of both its trunk and canopy to be clearly and accurately shown on all drawings.

 

b.       Any excavations for the northern edge of the proposed vehicle crossing must be setback a minimum distance of 1600m from its trunk, measured off its outside edge at ground level, as has been shown on the submitted plan, A06, issue B, dated 24.01.12, with the PCA to confirm compliance with this requirement, prior to issuing a Final Occupation Certificate.

 

c.       Removal of the existing vehicle crossing must be performed carefully so as to avoid the indiscriminate damage of roots, with the finished ground levels surrounding its trunk to be graded smoothly and evenly upon completion, similar to existing levels/grades.

 

d.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar over public property must be located along either of the sites side boundaries only.

 

e.       This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 1.5 metres to its north and south (measured off the outside edge of its trunk at ground level), as well as matching up with the back of the kerb to its west, and pedestrian footpath to its east, in order to completely enclose this tree for the duration of works.

 

f.        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".

 

g.       The applicant is not authorised to perform any works to this street tree, and shall contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar such work appear necessary. The applicant will be required to cover all associated costs with such work if needed, to Council’s satisfaction, and prior to the issue of a Final Occupation Certificate.

 

h.       Within the TPZ described in point ‘e’ 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.

 

i.        Any roots encountered during the course of the approved works must be cut cleanly by hand, with the affected area to be backfilled with clean site soil as soon as practically possible.

 

j.        A refundable deposit in the form of cash, credit card or cheque for an amount of $2,500.00 must be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of the tree.

 

The refundable deposit will be eligible for refund following the issue of a Final Occupation Certificate, 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 the tree at any time during the course of the works, or prior to the issue of a final occupation certificate, may result in Council claiming all or part of the lodged security in order to perform any rectification works necessary, as per the requirements of 80A (6) of the Environmental Planning and Assessment Act 1979.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Smoke Alarms

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

 

BASIX Requirements

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

 

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

 

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

 

Stormwater Drainage

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

 

a)     Surface water/stormwater drainage systems must be provided in accordance with the relevant provisions of the Building Code of Australia (Volume 2) and relevant Standards;

 

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

 

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

 

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

 

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

 

f)      A certificate, from a suitably qualified person must be submitted to the PCA and Council, prior to the issue of an Occupation Certificate, which confirms that the stormwater drainage system has been provided in accordance with the requirements of this consent, relevant standards and requirements.

 

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

20.     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.

 

Home Building Act 1989

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

23.     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, to the satisfaction of the Council.  A copy of the strategy must be provided to the Principal Certifying Authority and Council prior to the commencement of works on site.

 

Temporary Site Fencing

24.     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 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, amenities or articles upon any part of the footpath, nature strip or public place at any time, 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

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

 

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

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            provisions for temporary sanitary facilities;

·            location and size of waste containers/bulk bins;

·            details of proposed sediment and erosion control measures;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

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

·            Details of hazardous materials (including asbestos)

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

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

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

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

·            Other relevant details, measures and requirements to be implemented

·            Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

Demolition & Construction Waste

27.     A Demolition and Construction Waste Management Plan (WMP) must be development and implemented for the development.

 

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.

 

Sydney Water

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

 

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

 

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

 

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

 

Demolition & Construction Waste

29.     A Demolition and Construction Waste Management Plan (WMP) must be development and implemented for the development, to the satisfaction of Council.

 

The Waste Management Plan must provide details of the type and quantities of demolition and construction waste materials, proposed re-use and recycling of materials, methods of disposal and details of recycling outlets and land fill sites.

 

Where practicable waste materials must be re-used or recycled, rather than disposed and further details of Council's requirements including relevant guidelines and pro-forma WMP forms can be obtained from Council's Customer Service Centre or by telephoning Council on 9399 0999.

 

Details and receipts verifying the recycling and disposal of materials must be kept on site at all times and presented to Council officers upon request.

 

Public Utilities

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

 

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

 

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

 

Landscaping

31.     A landscape plan prepared by a qualified professional in the Landscape/Horticultural industry (must be a registered member of either AILDM or AILA) shall be submitted to, and be approved by, the PCA, prior to the commencement of works, and must detail the following:

 

a)       A Planting Plan & Plant Schedule which includes proposed species, botanic and common names, pot size at the time of planting, quantity, location, dimensions at maturity and any other landscape details in order to describe the proposed works;

 

b)       A predominance of species that are not dependant on high rates of moisture and fertiliser for survival;

 

c)       At least 1 x 25 litre (pot size at the time of planting) tree within the site, selecting a feature species that will attain a minimum height of between 4-7 metres at maturity;

 

d)       Decorative treatment throughout the front portion, within those garden areas surrounding the proposed garage, so as to assist with presentation of the site, and will including cascading, spill-over type plants in the podium planter fronting the street, and which must have a minimum soil depth and width of 600mm.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

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

 

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

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

 

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Demolition Work Requirements

35.     All work and activities must be carried out in accordance with the relevant regulatory requirements and Randwick City Council policies, including:

 

·           Occupational Health & Safety Act 2000 & Regulations

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

·           WorkCover NSW Guidelines and Codes of Practice

·           Australian Standard 2601 (2001) – Demolition of Structures

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

·           Relevant DECCW/EPA Guidelines

·           Randwick City Council Asbestos Policy

 

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

 


Removal of Asbestos Materials

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

·        Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·        Randwick City Council’s Asbestos Policy

 

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

 

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

 

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

 

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

 

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

 

Sediment & Erosion Control

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

 

Details must be shown in a Sediment and Erosion Control Plan, including; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment, methods of sediment control, details of drainage systems and details of existing and proposed vegetation.

 

A copy of the Sediment and Erosion Control Plan must be provided to the Principal Certifying Authority and a copy must be maintained on site and be made available to Council officers upon request.

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

Support of Adjoining Land, Excavations & Retaining Walls

39.     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.

 

40.     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.

 

41.     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.

 

Survey Requirements

42.     A Registered Surveyor’s check survey certificate or other suitable documentation must be obtained at the following stage/s of construction to demonstrate compliance with the approved setbacks, levels, layout and height of the building to the satisfaction of the Principal Certifying Authority (PCA):

 

·           prior to construction (pouring of concrete) of the footings or first completed floor slab,

·           upon completion of the building, prior to issuing an occupation certificate,

·           as otherwise may be required by the PCA.

 

The survey documentation must be forwarded to the Principal Certifying Authority and a copy is to be forwarded to the Council, if the Council is not the Principal Certifying Authority for the development.  

 

Building Encroachments

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

 

Site Amenities

44.     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.

 

Road/Asset Opening Permit

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

 

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

 

Tree Management

46.     With the exception of the large Gum Tree growing on the rear (eastern) boundary, halfway across the width of the site, no objections are raised to the removal of any other existing vegetation within the site, due to their small size and insignificance, as well as to accommodate the proposed works as shown, subject to full implementation of the approved landscaping.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

47.     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

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

 

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

 

Occupant Safety

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

 

Options may include one or more of the following measures:

 

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

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

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

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

·           Other appropriate effective safety measures or barrier.

 

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

 

Swimming Pool Safety

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

 

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

 

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

 

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

 


Swimming Pool Requirements

51.     Swimming pools are to be designed, installed and operated in accordance with the following general requirements:

 

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

 

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

                 

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

 

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

 

Notification of Swimming Pools

52.     Written notification must be provided to Council advising of the installation and completion of the Swimming Pool, to satisfy the requirements of the Swimming Pools Act 1992.

 

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

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

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

Note: The northern edge of the concrete vehicular crossing is to be no closer than 1.60m from the outside edge of the trunk of the Council street tree ( see submitted plan Dwg No A06 Issue B dated 24.01.12 and also Street Tree Protection condition)

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

 

54.     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.

 

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

 

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

 

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

 

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

 

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

 

56.     The PCA must ensure that the landscaping is installed in accordance with the approved plan and relevant conditions of consent, prior to the issue of a Final Occupation Certificate, with the owner to maintain it in a healthy and vigorous state until maturity.

 

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

 

Stormwater Drainage

58.     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

59.     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.

 

Use of premises

60.     The premises is to be used as a single residential dwelling only at all times and must not be used for dual or multi-occupancy purposes.

 

Street Numbering

61.     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

62.     Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council.

 

Protection of the Environment Operations Act 1997 – Swimming Pools

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

 

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

Pool Plant & Equipment

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

 

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

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

 

Protection of the Environment Operations Act 1997 – Air Conditioners

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

 

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

Air Conditioning & Equipment

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

 

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

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

 

67.     Protection of the Environment Operations Act 1997 – Rainwater Tanks

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

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

 

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

 

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

 

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

 

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

 

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

·      before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

 

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

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

A7      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

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

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

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

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

 

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

 

A8      The finished ground levels external to the building must be consistent with the development consent and are not to be raised, other than for the provision of approved paving or the like on the ground.

 

A9      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.

 

A10     Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

A11     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.

A12     Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               28 February 2012

 

 

Director City Planning Report No. CP4/12

 

 

Subject:                  102-104 Brook Street, Coogee (DA/291/2009)

Folder No:                   DA/291/2009

Author:                   Roger Quinton, Coordinator Development Assessment     

 

Proposal:                     Review of operating hours for outdoor terrace, 11am to 9pm - Monday to Sunday (Trial period)

Ward:                      East Ward

Applicant:                Randwick Rugby Club Ltd

Owner:                         Randwick Rugby Club Ltd

Summary

Recommendation:     That the hours of operation of the outdoor terrace revert to 11 am to 6pm

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The hours of use of the outdoor terrace at the front of the Randwick Rugby Club were extended to 11am to 9pm Monday to Sunday from 11am to 6pm Monday to Sunday in Condition (4) of development consent DA/291/2009. This condition also stated that the extended hours of operation would be subject to a review by Council within 6 months and 12 months from the date of commencement of the extended use of the terrace. This report constitutes a review of those extended hours of operation.

 

The review was notified by letter seeking comment from surrounding neighbours, those people who objected to the original application, any complainants and the NSW Police.

 

Five submissions in opposition to the retention of the extended hours of operation were received. Issues raised included noise impacts from the operation of the terrace, non-compliance with conditions relating to the operation of the terrace and general issues with the operation of the Club. One submission in support of the extended hours of use was received.

 

On three separate occasions Council wrote to the Club advising that the Council was commencing this review and requested information to allow a full assessment to be undertaken, including an acoustic report, details of complaints received and general compliance with operational requirements. The Club has not provided this information.  

 

The Club was convicted and fined $1200 in August 2011 for non-compliance with Condition (4) of DA/291/2009.

 

In the absence of any information in support of the review being provided by the Club, it is recommended that the hours of use of the outdoor terrace revert to 11am to 6pm Monday to Sunday. A further application will be required with adequate supporting information if the Club wishes to recommence the extended hours of operation.

 

2.    The Proposal/Background

 

This report constitutes a review of the trial operating hours for the front outdoor terrace at the Randwick Rugby Club.  

 

Development consent was granted at the Planning Committee meeting on 13 October 2009 to DA/291/2009 for an extension to the operating hours of the existing front terrace (southern section) of the Randwick Rugby Club.

 

Condition (4) of the development consent reads as follows:

 

“The operating hours of the outdoor terrace must be restricted to the following and are subject to a review period I accordance with Section 80(A)(10B) of the environmental Planning& Assessment Act 1979 and Division 14 of the Environmental Planning and Assessment Regulation 2000:

 

        Monday to Sunday   11:00am to 9:00pm

 

The extended hours of operation will be reviewed by Council within 6 months and 12 months of the date of commencement of the extended use of the terrace.  The operator of the club premises must provide Council with appropriate supporting evidence (including, but not limited to, relevant acoustics measurements) to demonstrate compliance with all conditions of this consent as part of the review.”

 

Condition (6) in development consent DA/194/2008 detailed the operating hours for the outdoor terrace which condition (6) in DA/291/2009 varied. This condition reads as follows:

 

“The existing outdoor terrace facing Brook Street must only be used between the hours of 11am and 6pm. Access or egress (except for fire egress) onto the existing outdoor terrace must not be permitted after 6:00pm”

 

These hours form the “base” hours of operation permitted for the outdoor terrace.

 

Council officers wrote to the Rugby Club in June, September and October 2011 stating that Council was commencing a review of the trial operating hours of the outdoor terrace.  Information was required from the Rugby Club to enable the review to be undertaken as noise complaints had been received during the trial period. The information requested included an acoustic report prepared by a suitably qualified and experienced consultant in acoustics, which demonstrated compliance with the various requirements of the consent and the Protection of the Environment Operations Act 1997 were satisfied.  Details of all complaints received and the manner they were dealt with was also required. No response has been received to date.

 

3.    The Subject Site and Surrounding Area

 

The subject site is described as Lot 1 in DP 1050760, No. 102-104 Brook Street, Coogee. The site has frontage to Brook Street of approximately 36m, and is occupied by the Randwick Rugby Club at ground floor with residential apartments above. The rear section of the site adjoins a residential flat building known as No. 106 Brook Street.

 

There is an existing covered outdoor terrace along the Brook Street frontage of the Club. The terrace consists of two sections: the northern section specifically caters for use by patrons utilising the gaming lounge; whilst the southern, larger section connects with the bar and lounge area. The subject review relates to the use of the southern section.

 

The site is adjoined by three pairs of double-storey terrace houses at Nos. 90 to 100 Brook Street, which are classified as heritage items under Randwick Local Environmental Plan 1998 (Inventory No. 119). To the south of the site is a four-storey residential flat building at No. 108 Brook Street, which is also classified as a local heritage item (Inventory No. 120). To the east of the site on the opposite side of Brook Street are the Coogee Oval and community hall facilities. The locality is predominantly characterised by a mixture of low to medium density residential developments.

 

 

Figure 1 Aerial view of the subject site and surrounding environment

 

Figure 2 The existing club, outdoor terrace and apartment units above as viewed from Brook Street

 

4.    Site History

 

4.1    Previous applications relating to the site

Application No.

Description

Approval Date

DA/295/2000

Construction of a mixed use development comprising a club, 54 dwellings, parking for 158 vehicles and associated landscaping.

16 February 2001

DA/295/2000/A

Deletion of condition 80 relating to the height of the loading dock.

26 October 2001

DA/295/2000/B

Modification of the basement car park design.

12 March 2002

DA/295/2000/C

Provision of 2 additional 1-bedroom units and conversion of an approved 1-bedroom dwelling to a 2-bedroom dwelling.

Refused

10 December 2002

DA/295/2000/D

Provision of 2 additional 1-bedroom dwellings.

Refused

10 December 2002

DA/295/2000/E

Extension of trading hours on new year’s eve.

11 December 2006

DA/985/2001

Strata subdivision into 50 lots with common areas.

23 November 2001

DA/990/2001

Stratum subdivision to separate the club and multi-unit housing components of the approved development.

22 November 2001

DA/990/2001/A

Deletion of condition 2 relating to the requirement of compliance with all conditions under development consent DA/295/2000 prior to release of the plans of subdivision.

23 April 2003

DA/990/2001/B

Amendment to the location of allotment boundaries of the approved stratum subdivision.

13 May 2003

DA/1165/2002

Internal fit-out for the Randwick Rugby Club, including provision of a bar, gaming lounge, gymnasium and associated facilities.

28 February 2003

DA/1165/2002/A

Installation of new signage.

24 July 2003

DA/407/2003

Installation of front boundary fencing and hedging adjacent to the club lounge, provision of a pedestrian entry to the café / bistro areas and alterations to front doors and paving.

11 July 2003

DA/1180/2003

Installation of new signage.

2 February 2004

DA/194/2008

Relocation of gaming lounge and restaurant, provision of a semi-outdoor smoker’s area, installation of timber screens and provision of awnings.

8 July 2008

DA/291/2009

New operating hours for outdoor terrace, 11am to 9pm – Monday to Sunday (trial period)

10 November 2009

 

5.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed review by letter dated 31 October 2011, as were any submitters to the original application (DA/291/2009) and any person who had made a complaint to the Council about the use of the terrace during the trial period. 

 

The following submissions in opposition to the continuation of extended hours of operation to the outdoor terrace were received:

 

·      A202/106 Brook Street, Coogee

·      A103/106 Brook Street, Coogee

·      36 Leeton Avenue, Coogee

·      7/108 Brook Street, Coogee

·      98 Brook Street, Coogee

 

The issues raised in the submissions are addressed as follows:

Issue

Comment

The club does not comply with the closing time of 9pm, which creates noise impacts for residents living above the club.

It is recommended that the hours of operation of the outdoor terrace revert to 11am to 6pm.

It is difficult to contact the club by phone to complain about noise and non-compliance with operating hours of the outdoor terrace because on most occasions the club does not answer the telephone because of lack of staff or inability to hear the phone above the noise within the club.

If the Club applies at a future date to regain extended hours of operation of the terrace area an updated Plan of Management will be required which adequately details strategies for dealing with issues such as this.

The noise problem from the club is exacerbated when live music is played and the doors to the outdoor terrace are regularly opened and closed. Live amplified music should not be permitted.

It is recommended that the hours of operation of the outdoor terrace revert to 11am to 6pm. This should result in a reduction of noise impacts on neighbouring properties.

An issue not related to use of the outdoor terrace is the performance of the security guards who are often absent or ineffective when in attendance. They allow patrons to stand in groups outside the club and talk/sing, sometimes with bottles in hand. 

This matter has been referred to Council’s Health, Building and Regulatory Services Department for action.

The Rugby Club does not meet the requirements of several conditions of consent including leaving the shade blinds of the pergola open after 6pm, there is no follow-up to complaints within 48 hours as required, signage has not been installed on the terrace to alert patrons to potential noise impacts and the doors to the terrace are left open for long periods during live entertainment.  

As detailed, it is recommended that the hours of operation of the terrace area be reduced to 11am to 6pm. If the Club lodges an application at a future date to again have extended hours for the terrace, an updated Plan of Management will be required which adequately addresses issues such as these. Council’s Health, Building and Regulatory Services Department has also been advised of these issues for further investigation.   

There are other impacts resulting from the operation of the Club which are not directly related to this review, including noise associated with stacking of kegs late at night, accumulation of rubbish, noise from backing alarms of reversing vehicles, noise from unsupervised children using the driveway as a playground. 

Council’s Health, Building and Regulatory Services Department has also been advised of these issues.

During February to May 2011 the Club was regularly in breach of the conditions relating to the operation of the terrace and was fined $3,000 as a result of inspections over Easter. 

The Club was fined $1200 and ordered to pay Council’s costs of $750 as a result of non-compliance with Condition (4) of DA/291/2009.

In June 2011 Randwick Council agreed to subsidize the Club through waiving fees at a cost to rate payers of $33,344.46.

This is not relevant to this assessment.

In the consideration of DA/291/2009 Council staff stated that there had been no complaints about the club.

This not relevant to this assessment.

The Club is regularly breaching development consent DA/291/2009, for example the door that opens from the gaming area to the beer garden at the front of the club is regularly left open.  

This assessment relates only to a review of the hours of operation of the outdoor terrace at the front of the club.

On 15 October 2011 a patron of the Club threatened a near-by resident after being confronted about to urinate in his front yard.   

While this incident is obviously disturbing, it cannot be directly attributed to the hours of operation of the outdoor terrace.

Failure to answer phone when surrounding residents call if there are any problems with the operation of the Club. 

As stated above, if the Club applies at a future date to regain extended hours of operation of the terrace area an updated Plan of Management will be required which adequately details strategies for dealing with issues such as this.

Security men stating that they had not been patrolling the streets as required because there are too many drunken people in the club. 

As stated above, if the Club applies at a future date to regain extended hours of operation of the terrace area an updated Plan of Management will be required which adequately details strategies for dealing with issues such as this.

Council has failed in its duty of care by not reviewing the use of the outdoor terrace at 6 and 12 month intervals as required by the development consent. 

It is acknowledged that the use of the outdoor terrace should have been reviewed previously.

The development consent for DA/291/2009 should have included the requirement that the applicant was required to submit a further application for approval to continue the extended hours of operation after a 12 month trial period and if such an application was not received in time the hours were to revert to 11am to 6pm, seven days. 

The minutes of the 10 November 2009 Planning Committee were confirmed and form the basis of the determination of DA/291/2009.

 

5.1 Support

One submission in support was received:

 

·      2/1 Ormond Gardens, Coogee

Issue

Comment

Have no reason to complain about the use of terrace.

Noted.

The terrace is a pleasant area to entertain visitors, especially in summer. If it was not available would be forced to go elsewhere.

The wider Coogee area has numerous similar venues.

The Rugby Club is an established part of living in Coogee and it would be a pity for it to suffer financially with the closing of the terrace. 

While this may be correct it does not allow the Club to operate in a manner which has an adverse impact on neighbours or to ignore conditions on development consent. 

 

6.    Technical Officers Comments

 

6.1    Environmental Health Officer

The subject application has been referred to Council’s Environmental Health Officer for assessment. The comments are detailed below:

 

Noise & Amenity Concerns

Environmental Health concerns have been raised with regards to the noise emanating from the use of the terrace between 6:00pm to 9:00pm.

 

Council has previously been in receipt of noise complaints regarding the use of the terrace after 9pm. After a number of inspections undertaken by Councils Health, Building and Regulatory Department, Randwick City Council prosecuted the Randwick Rugby Club Company on 23 August 2011 for failure to comply with their Development consent Da/291/2009 condition 4.  The club was convicted and fined $1200.00 and ordered to pay Council's costs in the amount of $750.00.

 

Since the above incident, Council had not been in receipt of any complaints until Council’s notification of review to neighbouring residents.

 

A review of Councils documentation system has identified that Council is in receipt of several objections for the use of the terrace during the review process. These objections include the following concerns:

 

·      Noise from the use of the terrace;

·      Plan of management ineffective with regards to noise (e.g. management method of dealing with noise complaints, emergency phone number unanswered)

·      Noise generated from live entertainment;

·      Doors of the terrace being left open;

·      Doors of the terrace being left open during live entertainment;

·      The use of the terrace after 9pm breaching development consent;

 

In addition to the complaints received, it has been identified that the Randwick Rugby Club have not complied with Condition No 4, in that condition No 4 states that;

 

“the operator of the club premises must provide Council with appropriate supporting evidence (including, but not limited to, relevant acoustics measurements) to demonstrate compliance with all conditions of the consent as part of the review”.

 

To date no acoustic report or supporting documentation have been submitted as part of condition 4 review process.

 

Acoustic reports have been previously submitted in accordance with other conditions of the development consent.

In the most recent report submitted to Council, dated 27 April 2010, undertaken by Wilkinson Murray, report no 02093-T, it has been identified that noise from patron use on the terrace is undetectable, however, when live entertainment is being undertaken, exceedances were found at all surrounding receivers.

 

The report outlined mitigation measures to address the noise issues during live entertainment. However to date, no further acoustic reports or validation reports have been submitted to demonstrate noise compliance.

Recommendation

In the absence of a supporting acoustic assessment, non compliances with Development consent, plan of management not being enforced adequately and several objections from nearby residents, the environmental health team would request that supporting documentation be submitted to address these concerns before approval is granted for the extension of hours.

 

The supporting information should include (but not limited to);

 

·      An Acoustic report should be submitted to Council, which outlines compliance at all time of the day and night in accordance with NSW EPA Industrial Noise Policy;

 

·      A review of the current Plan of Management, this should identify any issues with the current plan of Management and provide strategies to deal with any issues identified.

 

6.2 NSW Police – Eastern Beaches Licensing

The review of the operating hours of the outdoor terrace was referred to the NSW Police for comment.  The following comment was received:

 

“Notwithstanding the acoustic report prepared by Wilkinson Murray Pty Ltd police had concerns that the quiet and good order of the neighbourhood may be disturbed due to the increased hours of use of the southern portion of the outdoor terrace.

 

1.  Police had concerns that the patrons would loiter outside the premises on the footpath and conduct conversations with patrons inside the premises causing pedestrian obstruction. Patrons could stand on the footpath and have alcohol passed to them from inside the premises.

2.  It would be easy for patrons inside the premises to supply alcohol to minors standing outside the premises.

3.  Patrons utilizing the outdoor terrace would be able to consume alcohol and harass people as they walk past. This behaviour would be intimidating to women and children who frequent the area.

4.  There would be an increase in noise being emitted from the premises.

 

Over the past 12 months licensing police have monitored the premises on a number of occasions showing particular attention to the issues raised above. I am only aware of 1 complaint from a resident who confronted a male person urinating in a driveway. As a result the resident had to retreat back inside his premises due to threats of physical violence to him. Police have made regular patrols of the premises for the past month due to this incident. By all reports there has been nothing untoward reported.

 

There has been nothing else reported to Police to suggest the outdoor terrace has been effecting the quiet and good order of the neighbourhood. It may also be noted that the patronage of the premises has been low in comparison to previous years. Due to this fact the problems may increase if the patronage of the premises was also to change.”     

 

7.    Master Planning Requirements

 

Not relevant to this review, in any case the site is less than 10,000sqm and a site specific development control plan is therefore not required.

 

 

8.    Environmental Assessment

 

As detailed previously in this assessment, Council officers wrote to the Rugby Club in June, September and October 2011 stating that Council was commencing a review of the trial operating hours of the outdoor terrace.  Information was required from the Rugby Club to enable the review to be undertaken as noise complaints had been received during the trial period. The information requested included an acoustic report prepared by a suitably qualified and experienced consultant in acoustics, which demonstrated compliance with the various requirements of the consent and the Protection of the Environment Operations Act 1997 were satisfied.  Details of all complaints received and the manner they were dealt with was also required. No response has been received to date.

 

Council’s Health, Building and Regulatory Services Department has also stated that they had been in receipt of noise complaints regarding the use of the terrace after 9m.  Following a number of inspections by Health, Building and Regulatory Department staff, the Council prosecuted the Club on 23 august 2011 for failure to comply with Condition (4) of development consent DA/291/2009 which limited use of the outdoor terrace to between 11am to 9pm, seven days. The Club was convicted, fined $1,200 and ordered to pay Council’s costs of $750.

 

Five (5) submissions in opposition to the retention of the extended hours of operation of the terrace have been received. Issues raised which are of relevance to this assessment include failure to comply with the 9pm closing time of the terrace, noise impacts when the door to the terrace is opened- particularly when amplified music is played in the Cub, difficulty in contacting Club management to complain about the operation of the terrace and general non-compliance with other conditions relating to the operation of the Club.        

 

As Council’s Environmental Health Officer has recommended, it is considered that prior to allowing the continuation of the extended hours of operation of the outdoor terrace, the Rugby Club should provide the following information at a minimum:

 

·      An acoustic report which details compliance at all times of the day and night in accordance with NSW EPA Industrial Noise Policy.

 

·      A review of the current Plan of Management, identifying any issues with the current Plan of Management and provide strategies to deal with any issues identified.

 

Given the lack of response from the Rugby Club to several requests for information to support the review of the operation hours of the outdoor terrace, the concerns detailed in several objections submitted by residents as part of the review process, and the reservations of Council’s Health, Building and Regulatory Services Department it is considered that the hours of operation of the terrace should revert to 11am to 6pm, Monday to Sunday. The Club has also recently been convicted and fined for failure to comply with condition (4) of DA/291/2009.

 

Should the Club wish to retain the extended hours of operation of the terrace a further application can be made at a future date with the required supporting information. Such an application will then be assessed on its merits.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome (4):     Excellence in urban design and development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

It is considered that the hours of operation of the outdoor terrace should revert to 11am to 6pm and the extended hours of operation of 11am to 9pm cease for the following reasons: the Rugby Club has failed to respond to several requests for information to support this review, concerns of surrounding residents and the recent conviction and fining of the Club for failure to comply with condition (4) of DA/291/2009 relating to the hours of operation of the outdoor terrace.    

 

Recommendation

 

That Council, as the consent authority, reviews Condition (4) of development consent DA/291/2009, with Condition (4) to now read:

 

(4)    The operating hours of the outdoor terrace (southern section) must be restricted to:

 

Monday to Sunday   11:00am to 6:00pm.

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               28 February 2012

 

 

Director City Planning Report No. CP5/12

 

 

Subject:                  2R Carr Street, Coogee (DA/935/2011)

Folder No:                   DA/935/2011

Author:                   Willana Associates, Pty Ltd     

 

Proposal:                     Demolition of existing building adjacent to tennis courts in Baker Park, construction of new single storey amenities building, demolition of existing steps, construction of two new sets of steps and construction of new access paths

Ward:                      East Ward

Applicant:                Randwick City Council

Owner:                         NSW Land & Property Information

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

In 2010, Randwick City Council undertook the ‘Buildings for Our Community’ program, which sought to identify the community’s expectations for new or upgraded buildings within the Randwick local government area.  During the programs public consultation stage, Council received a number of requests for amenity facilities at Baker Park, at 2R Carr Street, Coogee for use in conjunction with the tennis courts at the park, as well as the general open space area.  Subsequently, Council allocated funds for the design and construction of such a building.  This Development Application (DA) is a culmination of the process thus far.

 

The DA is referred to Ordinary Council Meeting for determination as the works are proposed on public open space, being Baker Park.

 

The DA proposes demolition of an existing outbuilding adjacent the existing tennis court at Baker Park, and construction of a new amenity’s facilities over largely the same building footprint.  The facility will include:

 

-    Female and male bathroom facilities.

-    One (1) accessible toilet.

-    A cleaner’s storeroom.

-    A potable water fountain.

-    Underground stormwater reuse storage tank for use in conjunction with the amenities, together with associated pump room.

-    External seating.

-    Footpaths and stairs around the perimeter of the facility for general access, as well as for convenient access to the adjacent tennis courts.

 

The facility is proposed with a contemporary appearance, and designed to avoid any impacts to the immediately surrounding vegetation.  It is also designed and positioned such that obstructions to views from dwellings on the opposite side of Dudley Street are negligible.

 

Separate to the proposed amenities facility, is a proposed accessible footpath from the north western corner of Baker Park, to the existing tennis courts.

 

The proposal is consistent with the objectives of the Randwick Local Environmental Plan 1998 (consolidation) for open space.  It is consistent with outcomes from a public consultation phase for the development, and has not received any objections during the DA’s public notification stage.  The proposal minimises all environmental impacts.  Accordingly, it is recommended the application is consented to by Council, subject to standard conditions.     

 

2.    The Proposal

 

The DA proposes demolition of an existing outbuilding adjacent the existing tennis court at Baker Park, and construction of a new amenity’s facility over largely the same building footprint.  The facility will include:

 

-    Female and male bathroom facilities.

-    One (1) accessible toilet.

-    A cleaner’s storeroom.

-    A potable water fountain.

-    Underground stormwater reuse storage tank for use in conjunction with the amenities, together with associated pump room.

-    External seating.

-    Footpaths and stairs around the perimeter of the facility for general access, as well as for convenient access to the adjacent tennis courts.

 

The facility is proposed with a contemporary appearance, and designed to avoid any impacts to the immediately surrounding vegetation.  It is also designed and positioned such that obstructions to views from dwellings on the opposite side of Dudley Street are negligible.

 

Separate to the proposed amenities facility, is a proposed accessible footpath from the north western corner of Baker Park, to the existing tennis courts.

 

3.    The Subject Site and Surrounding Area

 

The subject site is Baker Park in Coogee.  It is formally recognised as Lot 7080 in DP 7027116, or 2 Carr Street, Coogee.  The site is bounded by Carr Street to the north, Byron Street to the east, and Dudley Street to the west and south west. 

 

The site is general open space area for the community.  It comprises predominantly of passive open space, as well as the Coogee Diggers RSL and bowling greens in the north eastern corner, a children’s playground in the north western corner, and two (2) tennis courts at approximately the midpoint of the Dudley Street frontage.  A number of established trees are scattered around the site’s perimeter.

 

The surrounding locality comprises predominantly of established residential development.  Their form is diverse, including detached dwellings on Torrens title allotments, and semi detached dwellings as well as low scale residential flat buildings.  The locality includes the Coogee Beach and Commercial Precinct to the east, Randwick Junction and the Hospital/Education Precinct to the West. Carr Street is serviced by regular bus routes, provided linkages to an arrangement of local and regional centres.

 

4.    Site History

 

Baker Park is an established public open space area within the Randwick Local Government Area.  The proposed amenities facility is a culmination of a public consultation process initiated by Randwick City Council in 2010 when it sought to understand the community’s expectations in relation to public buildings.

 

5.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development on 18 January 2012 in accordance with the DCP – Public Notification.  No submissions were received by council as part of this process.

 

5.1 Objections

No objections were received during the formal DA notification process.

 

6.    Technical Officers Comments

 

The application has been referred to the following technical officers, including where necessary external bodies:

 

-      Development Engineering.

-      Property and Insurance.

-      Building and Regulatory Services.

-      Open Space Assets.

 

Their responses did not raise any objections to the proposal.  Where necessary, conditions were provided which will be included in any development consent.

 

7.    Master Planning Requirements

 

The master planning requirements of the RLEP 1998 do not apply in this case as the site is less than 10,000m² in area.

 

8.    Relevant Environmental Planning Instruments

 

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

 

-   Randwick Local Environmental Plan 1998 (Consolidation)

 

(a)    Randwick Local Environmental Plan 1998

The site is zoned 6A (Open Spaces Zone) under Randwick Local Environmental Plan 1998 (Consolidation) (‘RLEP 1998’) and the proposed activity is permissible with Council’s consent. The following Clauses of the RLEP 1998 apply to the proposal:-

 

Clause 18 – Objectives of Zone No 6A (Open Space Zone)

 

The relevant objectives of the subject zone area as follows:

 

- To allow development that promotes, or is related to, the use and enjoyment of open space.

- To identify and protect natural features that contribute to the character of the land, and

- To enable the sustainable management of the land.

 

The proposal will improve the convenience of Baker Park, given it currently lacks such amenities.  The proposal is designed to avoid damage to existing established trees or shrubs, and includes stormwater capture and reuse tanks.  The DA includes an arborist’s report confirming existing vegetation will not be impacted by the proposal.   In this case, the objectives of the zone are satisfied.

 

Clause 18 also provides which land uses are permissible in the subject zone.  The proposal is consistent with the definition of a Community Facility, with such uses being permissible in Zone No 6A (Open Space Zone), with consent.

 

Clause 22 – Services

 

This clause requires the consent authority to be satisfied proposed developments can be adequately serviced in terms of sewage, water and drainage, prior to consenting to the DA. 

 

The site has access to permanent water and sewer services.  The proposed drainage arrangements were found to be adequate when assessed by Council’s Development Engineer.


Clause 38 – Development in Open Space Zones

 

When determining DA to carry out development on land within Zone No 6A, this clause requires the consent authority to consider:

 

The need for the proposed development on that land.

Whether the proposed development promotes or is related to the use and enjoyment of open space.

The impact of the proposed development on the existing or likely future use and character of the land.

The need to retain the land for its existing or likely future use.

 

No such facilities currently exist within Barker Park.  In this case, there is an obvious need for the proposed works.  They will improve the convenience and enjoyment of Baker Park and its various options for recreational activity.  The proposed works are minor in nature, and strictly related to the recreational use of the site.  They will therefore not adversely affect the future use of Barker Park for recreational purposes, or its current character.

 

In this case, the proposal is not inconsistent with the intentions sought by clause 38 of the RLEP 1998.

 

Clause 40 - Earthworks

 

When considering a DA involving earthworks, this clause requires the consent authority to consider the likely implications of such works on existing drainage patters at the site the subject of the proposal, as well as adjoining properties.

 

The extent of earthworks required for the proposal is negligible, being a maximum excavation depth of 2.15 metres, over a distance of 9 metres.  The contractor is required to construct the resultant retaining wall in accordance with relevant standards.  In this case, the proposal will not pose any unreasonable impacts to surrounding drainage patterns.   

 

8.1 Policy Controls

a.    Development Control Plan – Public Notification of Development Proposals and Council Plans (Notification DCP)

In accordance with the Notification DCP, the community was notified of the proposal on 18 January 2012, and provided with until 2 February to provide any submissions in relation to the proposal to Council.  No submissions were received by Council as part of this process.

 

8.2    Council Policies
Council policies do not apply to the site or proposals of this nature.

 

9.    Environmental Assessment

 

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

 

 

 


 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

The site is zoned 6A Open Space according to the Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.

The proposal is consistent with the aims of RLEP 1998 and the specific objectives of the zone in that it promotes the use of the site for recreational purposes.

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 was notified in accordance with the Notifications DCP.

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 character of the site.  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 proposal compliments the recreational activities undertaken at the site.  The site has adequate to services required by the proposal.  The development will not result in significant changes to the nature of the site.

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

 

No submissions were received by Council.

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

The proposal is in the public interest given it promotes the use of the site for recreational purposes.  It will increase the site’s convenience.  The development does not result in any unreasonable impacts to the site or those adjoining.

 

 

 

 

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       Vibrant and Diverse Community

Direction2a:       Maintain a current understanding of our community’s needs.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal is for the construction of an amenities facility at Baker Park, Coogee.  It is intended to compliment primarily the existing tennis courts in the park, but will be accessible by all park users.  The facility will include toilets, seating and a potable water fountain.  Also included in the DA is demolition of an existing outbuilding, and the construction of an accessible footpath from the north western corner of the park, to the facility.  The proposed facility will be built where the outbuilding currently stands, and is approximately equivalent to its footprint and envelope.

 

The proposal is the culmination of a community consultation process undertaken by Randwick City Council in 2010 as part of the ‘Buildings for our Community’ program.  Council received a number of submissions from the community during the consultation process, seeking the provision of such facilities at Baker Park, given none exist.  Council resolved to fund the design and construction of the proposal.

 

The proposal compliments the use and nature of the park.  It does not result in any unreasonable impacts to Baker Park, or those properties adjoining.  The objectives of the subject 6A Open Space zone are also satisfied.  In this case, it is recommended Council consent to the development, subject to the following 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. 935/11 for construction of an amenity’s facility and ancillary items, at No. 2 Carr Street, Coogee (Baker Park), subject to the following conditions:

 

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

DA 00 Cover

31 November 2011

2 December 2011

Phillipsmarler

DA 01 Site analysis and context plan

31 November 2011

2 December 2011

Phillipsmarler

DA 02 Detail site plan and floor plan

31 November 2011

2 December 2011

Phillipsmarler

DA 03 Typical section

31 November 2011

2 December 2011

Phillipsmarler

DA 04 North elevation

31 November 2011

2 December 2011

Phillipsmarler

DA 05 South Elevation

31 November 2011

2 December 2011

Phillipsmarler

DA 06 West Elevation

31 November 2011

2 December 2011

Phillipsmarler

DA 07 East Elevation

31 November 2011

2 December 2011

Phillipsmarler

DA 08 Perspective

31 November 2011

2 December 2011

Phillipsmarler

CO1 Proposed drainage layout

26 August 2011

2 December 2011

Richmond + Ross

CO1 Proposed amenities building

26 August 2011

2 December 2011

Richmond + Ross

 

Building Regulation & Construction

2.       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.

 

3.       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.

 

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.

 

Stormwater Drainage

4.       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.

 

5.       Stormwater runoff from the proposed amenities block shall be discharged:

 

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

 

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.

 

6.       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.

 

7.       In accordance with the requirements of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, 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

·            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.

 

8.       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.

 

9.       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.

 

10.     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.

 

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”.

 

12.     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.

 

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 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.

 

14.     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 any asbestos related 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.

 

15.     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.

 

16.     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

 

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.

 

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)       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.

 

d)       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.

 

18.     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)       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.

 

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

 

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.

 

Sydney Water

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

 

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

 

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

 

Public Utilities

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

 

23.     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.

 

Site Arborist

24.     Prior to the commencement of site works, the PCA must ensure that a professional Arborist who holds a minimum of AQF Level 5 in Arboriculture (and is also a registered member of a nationally recognised organisation/association) has been engaged throughout the course of the works for the purpose of performing canopy and root pruning, as well as establishing, monitoring and implementing Tree Protection Zones, Tree Protection Measures and similar, with all site staff to comply with any instructions issued by the ‘site Arborist’.

 

Pruning of Park Trees

25.     Permission is granted for the selective pruning of those lower growing limbs from the two Ficus macrophylla (Moreton Bay Figs), being Tree 4 to the north of the building, and Tree 5 to its south, only where they overhang directly above or close to the proposed works, and need to be pruned in order to avoid damage to the trees or interference during the course of works, and should be performed prior to commencement in order to minimize the possibility of damage/interference.

 

26.     Prior to performing any canopy pruning, the site Arborist must contact Council’s Landscape Development Officer (9399-0613) giving at least two working days notice, to arrange a joint site meeting to confirm the exact extent and location of pruning that is allowed to these two trees.

 

27.     Pruning must comply with Council’s instructions as described above, be performed only by the ‘site Arborist’, and must also comply with 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).

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Protection of Fig Trees

28.     In order to ensure retention of the two Ficus macrophylla (Moreton Bay Figs), being Tree 4 to the north of the existing/proposed building, and Tree 5 to its south in good health as has been shown, the following measures are to be undertaken:

 

a.       The ‘site Arborist’ must be present on-site during demolition/removal of the existing concrete slab, and must also supervise/perform all initial excavations associated with the new slab, retaining wall, footpath and hydraulic services, to a minimum depth of 500mm, and within a radius of 7 metres from either tree (measured off the outside edge of their trunks at ground level), and are to be performed by hand, not machinery.

 

b.       Where existing ground levels are to be altered associated with the new retaining wall or building, the affected areas are to be smoothly and evenly re-graded back to their former condition so that existing drainage patterns are maintained.

 

c.       Both trees are to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 3.5 metres on all four sides (measured off the outside edge of their trunks at ground level), in order to completely exclude them for the duration of works. Should the slope of the embankment prove difficult to install chainwire fencing panels, evenly spaced star pickets can be provided in their place, to which safety tape/para-webbing/shade cloth or similar shall be permanently attached.

 

d.       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".

 

e.       In order to prevent soil/sediment being washed over their root systems, erosion control measures shall be provided along that side of the TPZ that is closest to the works.

 

f.        Within the TPZ described in point ‘c’ 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.

 

g.       In order to prevent soil compaction and root stress, ground protection in the form of a layer of 75mm woodchip mulch shall be placed in the area between the TPZ and proposed works, and must be maintained until completion of the building works, when the affected areas will be re-turfed.

 

h.       Those roots with a diameter of less than 100mm that are encountered during the initial excavations, and which are in direct conflict with the proposed works and need to cut, must be pruned cleanly by hand, only by the site Arborist, with the affected areas to be backfilled with clean site soil as soon as practically possible.

 

i.        Where those major structural roots with a diameter of greater than 100mm are encountered, Council’s Landscape Development Officer (9399-0613) must be contacted to perform an inspection and supervise its clean pruning and back filling.

 

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.

 

Stormwater Drainage

29.     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.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               28 February 2012

 

 

Director City Planning Report No. CP6/12

 

Subject:                  Reporting variation to Development standard under State Environment Planning Policy No. 1 (SEPP 1) for 1 December 2011 to 31 January 2012.

Folder No:                   F2008/00122

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

The NSW Department of Planning (DOP) released a Planning Circular in November 2008 advising Councils to adopt additional procedures in relation to the administration of SEPP No. 1. The additional measures are largely in response to the ICAC inquiry into Wollongong City Council. Those additional measures are:

 

1)     Establishment of a register of development applications determined with variations in standards under SEPP 1;

 

2)     Requirement for all development applications where there has been a variation greater than 10% in standards under SEPP 1 to be determined by full council (rather than the general manager or nominated staff member);

 

3)     Providing a report to Council on the development applications determined where there had been a variation in standards under SEPP 1;

 

4)     Making the register of development applications determined with variations in standards under SEPP 1 available to the public on council’s website.

 

This report is in response to point 3) above. A table is attached to this report detailing all SEPP 1s approved in the period from 1 December 2011 to 31 January 2012 sixteen (16) were approved during this period  either by Planning Committee or Ordinary Council meetings.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

There is no direct financial impact for this matter.

 

Conclusion

 

The NSW Department of Planning (DOP) released a Planning Circular in 2008 advising of additional requirements Councils are required to adopt in relation to SEPP 1 objections. This report is in response to one of those requirements whereby a report is provided to Council on the development applications determined where there had been a variation in standards under SEPP 1. 

 

Recommendation

 

That the report be received and noted.

 

Attachment/s:

 

1.View

SEPP 1 from 1 December, 2011 to 31 January 2012

 

 

 

 


SEPP 1 from 1 December, 2011 to 31 January 2012

Attachment 1

 

 

 

SEPP 1 REGISTER BETWEEN 1 TO 31 DECEMBER 2011

Council DA reference number

Lot No.

 

DP number

Apartment/Unit No.

Street No.

Street name

Suburb/

Town

Postcode

Category of development

Environ- mental planning instrument

Zoning of land

Development standard to be varied

Justification of variation

Extent of variation

Concurring authority

Date DA determined
dd/mm/yyyy

Approved by

DA/406/2011

A

331589 (BEING LOTS 1-2 IN SP 21919)

 

35-37

 Sackville Street,

Maroubra

2035

 3: Residential - New second occupancy

RLEP 1998

2A Residential

Clause 20B(1) minimum allotment size = 400m2 and minimum frontage width = 12m, (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, Clause 20F - FSR =0.5:1& Clause 20(G)3 Maximum external wall height of 7m.

The development will deliver an attached dual occupancy, on a site that already has a dual occupancy and is strata subdivided, which is compatible with the desired character for the locality. Provides adequate areas of open space for mature vegetation, recreation and the reduction of stormwater run off. Maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

Allotment Size Lot A:  228.4m2, Lot B: 185.2m2 Frontage: Lot A: 20.6m (Beaumont Avenue) Lot B: 9.0m (Sackville Street), Allotment area: 413.9m2 , Frontage width: 20.115m / 20.575m
The site has a land area of only 413.9m2 and short falls of the development standard by 36.1m2. The proposal entails a variation to the standard by 8%. .Existing FSR is 0.57:1 increased to 0.84:1 or 68% & external wall height exceeded by 2.1m.

NSW Dept of Plan-ning

06-Dec-11

PCM

DA/762/2011

7

 108445 SUBJ TO VAR EASEMENT

 

11A

Oswald Street,

Randwick

2031

 1: Residential - Alterations & additions

RLEP 1998

2B Local Business Zone

Clause 20(E) Landscaped Area 50% and  Clause 20F - FSR =0.65:1

Provides adequate areas of open space for mature vegetation, recreation and the reduction of stormwater run off. Maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

Landscaped area reduced to 38.85% or deficient by 28.3% and existing FSR is 1.19:1 increased to 1.22:1 or 87.6%

NSW Dept of Planning

06-Dec-11

PCM

DA/169/2011

1

555273 (BEING LOTS 1-7 IN SP 21213)

 

123-129

Dolphin Street

Coogee

2034

 1: Residential - Alterations & additions

RLEP 1998

2C Residential

Clause 20(E) Landscaped Area 50%, Clause 20F - FSR =0.90:1 for 2C zoned sites with more than 900m2 land area, Clause 20(G) (4) Building height of 12mClause 20(G) (4) external wall height of 10m.

Provides adequate areas of open space for mature vegetation, recreation and the reduction of stormwater run off and maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

Landscaped area reduced to 44% or deficient by 12%, FSR increased to 1.09:1 or 21%, Building Height increased in Building A to 13.2 or 1.2m and Building B to 14.7 or 2.6m -external wall height increased by Building A is 1.2m and Building B 14.7m or 4.7m.

NSW Dept of Planning

06-Dec-11

PCM

DA/601/2011

a

 407185

 

29

Garrett Street

Maroubra

2035

 1: Residential - Alterations & additions

RLEP 1998

2A Residential

Clause 20F - FSR =0.5:1

Maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

FSR increased to 0.682:1 or 36.4%.

NSW Dept of Planning

06-Dec-11

PCM

DA/752/2011

1

 884023 (BEING LOTS 1-24 IN SP 63178)

8

253-255

 Carrington Road,

Coogee

2034

 1: Residential - Alterations & additions

RLEP 1998

2C Residential

Clause 20F - FSR =0.9:1

Maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

Existing FSR is 1:1 increased to 1.01:1 or 12.2%

NSW Dept of Planning

06-Dec-11

PCM

DA/469/2011

1

217686 SUBJ TO CROSS EA

 

14

Eastbourne Avenue

Clovelly

2031

 1: Residential - Alterations & additions

RLEP 1998

2A Residential

Clause 20F - FSR =0.5:1, Clause 20G(4) Maximum external wall height of 7m

Maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

FSR increased to 0:74:1 or 24%. The external wall height increased to 8.2m or 1.2m.

NSW Dept of Planning

06-Dec-11

PCM

DA/682/2011

2

213844 SUBJ TO CROSS EA

 

7

Chatham Street,

Randwick

2031

 1: Residential - Alterations & additions

RLEP 1998

2B Residential

Clause 20(E) Landscaped Area 50%

Provides adequate areas of open space for mature vegetation, recreation and the reduction of stormwater run off.

Existing landscaped is 48.6%, reduced to 41.9% or deficient by 16.2%

NSW Dept of Planning

06-Dec-11

PCM

DA/561/2011

Lot 9 Sec A 

6512

 

9

Surfside Avenue,

Clovelly

2031

 1: Residential - Alterations & additions

RLEP 1998

2A Residential

Clause 20G(4) Maximum external wall height of 7m

Maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

The external wall height increased to 7.79m or 790mm.

NSW Dept of Planning

06-Dec-11

PCM

DA/822/2011

B

438791 SUBJ TO CROSS WALL EA

 

6

Moore Street

Coogee

2034

 1: Residential - Alterations & additions

RLEP 1998

2B Residential

Clause 20(E) Landscaped Area 50%

Provides adequate areas of open space for mature vegetation, recreation and the reduction of stormwater run off.

Landscaped reduced to 37.8%.

NSW Dept of Planning

06-Dec-11

PCM

DA/793/2011

1

953919

 

143-145

 Dolphin Street,

Coogee

2034

 1: Residential - Alterations & additions

RLEP 1998

3A General Business Zone

Clause 20F - FSR =1.5:1

Maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

FSR increased to 1:69:1 or 13%

NSW Dept of Planning

06-Dec-11

PCM

DA/804/2011

A

 387716 SUBJ TO CROSS EA

 

4

Hanna Street

Maroubra

2035

 1: Residential - Alterations & additions

RLEP 1998

2A Residential

Clause 20F - FSR =0.5:1

Maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

FSR increased to 0.56:1 or 12%.

NSW Dept of Planning

13-Dec-11

OCM

DA/887/2010

2

101865

 

3

Forsyth Street,

Kingsford

2032

 7: Residential - Other

RLEP 1998

2B Residential

Clause 20(G) (1)  Maximum external wall height of  7.m.

Maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

The external wall height increased by 2.3m or 32.8%

NSW Dept of Planning

13-Dec-11

OCM

DA/715/2011

1

 504129

 

102

Oberon Street,

Randwick

2031

 1: Residential - Alterations & additions

RLEP 1998

2A Residential

Clause 20F - FSR =0.5:1

Maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

Existing FSR is 0.607:1 increased to 0.673:1 or 34.6%

NSW Dept of Planning

13-Dec-11

OCM

DA/604/2011

2

573918 SUBJ TO CROSS EA

 

164

Beach Street,

Coogee

2034

 1: Residential - Alterations & additions

RLEP 1998

2C Residential

Clause 20(E) Landscaped Area 50% and Clause 20F - FSR =0.65:1 for 2C zoned sites with less than 700m2 land area.

Provides adequate areas of open space for mature vegetation, recreation and the reduction of stormwater run off and maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

Landscaped area reduced to 42% and FSR increased to 0.79:1 or 21.5%.

NSW Dept of Planning

13-Dec-11

OCM

DA/701/2011

3

211723 SUBJ TO ROW & DRAINAGE EASEMENT'S

 

11

Pitt Street,

Randwick

2031

 1: Residential - Alterations & additions

RLEP 1998

2B Residential

Clause 20 (G) Maximum external wall heights of 7m and external building height of 9.5m.

Maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

The existing external wall height is 11.7 increased to 12.27m. Existing overall height 13.77m and proposed overall height reduced down to 13.37m. 

NSW Dept of Planning

13-Dec-11

OCM

DA/520/2011

C

950369

 

32-34

The Avenue.

Randwick

2031

 1: Residential - Alterations & additions

RLEP 1998

2C Residential

Clause 20(E) Landscaped Area 50%, Clause 20F - FSR =0.90:1 for 2C zoned sites with more than 900m2 land area, Clause 20(G) (4) Building height of 12mClause 20(G) (4) external wall height of 10m.

Provides adequate areas of open space for mature vegetation, recreation and the reduction of stormwater run off and maintains compatible scale with neighbouring buildings and does not adversely impact in terms of overshadowing, privacy and views.

Landscaped area reduced to 36.44%, FSR increased to 1.045:1 or 16.11%, maximum building height increased to 13.86 and maximum wall height increased to 13.86m.

NSW Dept of Planning

13-Dec-11

OCM

 


Ordinary Council                                                                                               28 February 2012

 

 

Director City Planning Report No. CP7/12

 

Subject:                  Review of the Planning Act - submission to the Issues Paper

Folder No:                   F2006/00158

Author:                   Karen Armstrong, Manager Strategic Planning     

 

Introduction

 

In 2011, the NSW Government commenced a major review of the Environmental Planning and Assessment Act 1979 (the Act). An Issues Paper was exhibited in late 2011/early 2012 and submissions are due on 2 March 2012. This report outlines the progress to date on this review and the attached submission has been prepared for Council’s endorsement on the Issues Paper.

 

Issues

 

The NSW Government appointed an Independent Planning Review Panel, comprising Mr Tim Moore and Mr Ron Dyer, to oversee this review, with key stages being:

 

A listening and scoping stage – a 3 month consultation stage held from September to November 2011 with the Panel consulting with the community and stakeholders. 91 Community forums were held around the State with two meetings held in Randwick. 70 stakeholder meetings were also held and Council officers recently attended a workshop for the planning profession.

 

- Initial written submissions due by 4 November 2011 – a Council submission was made following a Clr workshop and report to Council. Over 330 submissions were received by the Panel.

 

- Discussion (Issues Paper)  - based on feedback from the consultations and the submissions - currently on public exhibition

 

- A Green (Options Paper) for exhibition – April 2012

 

- A White Paper – later in 2012.

 

In response to the NSW Government’s announcement, Council endorsed a Notice of Motion in September 2011 (Clr Nash, Clr Procopiadis), to hold a Councillors briefing/workshop on key issues. This informed an initial Council submission reported and endorsed via a Mayoral Minute in October 2011 (Clr Nash).

 

Issues Paper

The Paper sets out the major and recurring themes from the consultations and submissions, and provides discussion and questions on these themes under the following headings:

 

§  Key elements, structures and objectives of a new planning system

§  Making Plans

§  Development Proposals and Assessment

§  Appeals and reviews, enforcement and compliance

§  Implementation of a new planning system.

 

The attached Council submission reiterates the key points raised in Council’s earlier submission, and responds and comments on key issues that the Paper notes were commonly raised throughout submissions and the forums.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4 :      Excellence in Urban Design and Development.

Direction 4b:      New and existing development is managed in a robust framework.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The review process has provided extensive state-wide opportunities for the community and stakeholders to provide input to the review. The Issues Paper provides the next opportunity for input prior to the Green Paper, which will provide suggested approaches forward for the Act and how that may change and improve the planning system in general.

 

 

Recommendation

 

That Council note and endorse the attached submission on the Issues Paper of the NSW Planning System Review.

 

Attachment/s:

 

1.

Submission on the Issues Paper, Planning System Revision

INCLUDED UNDER SEPARATE COVER

 

 

 


Ordinary Council                                                                                               28 February 2012

 

 

Director City Planning Report No. CP8/12

 

Subject:                  Review of JRPP Procedures- submission to the NSW Government

Folder No:                   F2009/00256

Author:                   Stella Agagiotis, Co-ordinator, Strategic Planning     

 

Introduction

 

The Department of Planning and Infrastructure (DoPI) is seeking feedback on proposed amendments to three policy documents that guide the operation of the Joint Regional Planning Panels (JRPPs): Operational Procedures, Code of Conduct and Complaints Handling Policy.

 

Most of the proposed changes relate to recent legislative amendments such as the classes of development that Panels deal with and other changes clarify existing procedures to make the DA assessment process more efficient. 

 

It is recommended that Council endorse the attached submission to the Department of Planning and Infrastructure. It comments on the proposed changes and also raises two additional matters which have arisen relating to appeals to the Court and situations where a Panel may not have a quorum to determine an application.

 

Background

 

JRPPs are responsible for determining certain classes of regionally significant development.  JRPPs can also act as a “relevant planning authority” for the purpose of preparing a local environmental plan if directed by the Minister for Planning and Infrastructure. Across the State there are six regional panels. The performance of Regional Panels is monitored and reported by the DoPI. The Sydney Metro East Regional Panel determines certain classes of regionally significant development in the City of Randwick. 

 

Classes of Regionally Significant Development

Since October 2011, as part of the NSW Government’s reform of the planning system Regional panels now determine the following new classes of regionally significant development:

 

development with a Capital Investment Value (CIV) over $20 million

development with a CIV over $5 million which is council related; lodged by or on behalf of the Crown (State of NSW); private infrastructure and community facilities or eco-tourist facilities

extractive industries, waste facilities and marinas that are designated development

certain coastal subdivisions

development with a CIV between $10 million and $20 million which are referred to the regional panel by the applicant after 120 days

certain crown development applications with a CIV under $5 million referred to the regional panel by the applicant or local council after 70 days from lodgement as undetermined, including where recommended conditions are in dispute.

Development that meets the specific CIV or other criteria to be State significant development is excluded as being regional development. For example, hospitals and education establishments with a CIV over $30 million are considered State significant.

 

These classes are detailed in Schedule 4A of the Environmental Planning and Assessment Act 1979.

 

Issues

 

Key amendments to the JRPP Policy documents

The Operations policy document explains how Panels function, the role of councils, how development applications are processed and determined and how panel meetings are conducted. The main changes to the Policy now proposed are:

 

The Local Government and Shires Association concurrence is required before the Minister appoints the Chairperson for the Panel

Updated clauses reflecting recent legislative changes for the classes of development that Panels now deal with as well as applicant appeal rights

clarification of the types of meetings conducted by Panels: informal briefings with council staff, formal public briefings and closed sessions

DA information that should be made available to the public such as agendas and all assessment reports/supplementary information (via the JRPP web site)

new time limits for presentations to Panel meetings by submitters and applicants

a new section dealing with panel meetings conducted electronically.

 

The main changes to the Operations Policy including Council’s response to those changes are outlined in the table at Appendix 1.

 

Additional matters not addressed in the current review which Council’s submission notes should also be clarified in the Operations Procedures Policy are:

 

the process for handling applications subject to appeal to the Land and Environment Court that are refused by the Panel contrary to a council recommendation for approval. In such cases it is appropriate that Panels should be responsible for defending those applications and bearing associated legal costs.

Further clarification in instances where there is no quorum at a Panel meeting which may arise out of a conflict of interest. This may require delegation to another consent authority.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed amendments are supported in most cases as they give greater clarity to JRPP operational procedures/processes for dealing with development applications and the role of councils, applicants and submitters. The attached table outlines Council’s response to the proposed changes. The two additional matters that the Department should also clarify in the policy documents relate to defending certain applications by councils in the Court and appointment of an alternate consent authority where a quorum cannot be reached.

 

 

Recommendation

 

That Council note and endorse the attached submission to the Department of Planning and Infrastructure on the JRPP Policy documents review.

 

Attachment/s:

 

1.View

Proposed Key changes to JRPP Policies

 

2.View

Submission to NSW Government

 

 

 

 


Proposed Key changes to JRPP Policies

Attachment 1

 

 




Submission to NSW Government

Attachment 2

 

 


Ordinary Council                                                                                               28 February 2012

 

 

Director City Planning Report No. CP9/12

 

Subject:                  Results of Council's "Who Cares About the Environment" survey of Randwick residents

Folder No:                   F2004/08350

Author:                   Peter Maganov, Manager Sustainability     

 

Introduction

 

In 2011, Council repeated its more detailed environmental attitudes and actions survey of residents. Previous surveys have been conducted in both 2005 and 2008, primarily to assist the sustainability programs and initiatives delivered as part of Council’s environmental levy program. Results of these surveys are also comparable to corresponding surveys of the wider NSW population and carried out by the NSW Government since 1993.

 

This report provides an overview of results of the 2011 “Who Cares” survey of Randwick residents and includes some comparison to the 2005 and 2008 surveys.

 

Issues

 

In 2011, Taverner Research was engaged by Randwick Council to carry out a telephone survey of Randwick residents to establish current attitudes, knowledge and behaviour on key environmental issues. Just over 600 householders across the City’s 13 suburbs participated in the survey providing a number of key results which as in previous surveys will be used to facilitate the delivery of Council’s ongoing environmental programs and initiatives. These findings include:

 

Environmental attitudes:

The environment came out as the most important issue for residents following roads and traffic, public transport and parking issues while the most important environmental issues identified continues as in previous years to be litter and rubbish dumping and beach and ocean pollution. Concern over industrial emissions rated as
9 percent for residents of Randwick’s southern suburbs.

 

Environmental actions:

Environmental actions taken by surveyed residents include:

§ reducing energy consumption (94 percent) (not just for environmental reasons);

§ re-using items for environmental reasons (91 percent);

§ reducing water consumption for environmental reasons (88 percent);

§ reducing the amount of food thrown out (83 percent);

§ avoiding the use of plastic bags (78 percent);

§ avoiding products with lots of packaging (68 percent);

§ composting or using a worm farm (31 percent); and

§ growing their own food (44 percent).

 

Council’s performance:

Residents rated the Council’s performance at providing them with information on steps to take to help protect the environment as “excellent or good” (57 percent in 2011 compared with 60 percent in 2008).

 

Only 6 percent of those surveyed believed they were not provided with any information (reduced from 14 percent in 2008).

 

Two in three residents rated Council’s care for the environment as very good or good (67 percent in total) similar to 2008 results of (63 percent).

 

Only 6 percent of those surveyed rated Council’s performance as poor or very poor, down from 10 percent in 2008.

 

Well being and quality of life questions:

In the last survey in 2008, a number of quality of life questions were introduced and repeated in the 2011 survey. Answers to these quality of life questions show:

 

§ 96 percent of those surveyed strongly agree or agree that Randwick City is a good place to live;

§ 86 percent rated their overall quality of life as excellent or good (only 1 percent saying it is poor);

§ 89 percent strongly agree or agree they prefer to shop locally;

§ 52 percent indicated they belong to one or more community clubs or organisations; and

§ 48 percent stated they had attended at least one event or festival in Randwick in the past 12 months.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A vibrant and diverse community.

Direction 2(a):   Maintain a current understanding of our community’s needs.

Outcome 3:       An informed and engaged community.

Direction 3(c):   A community involved in shaping and enhancing our City.

Outcome 10:      A healthy environment.

Direction 10(a):  Council is a leader in fostering environmentally sustainable practices.

 

Financial impact statement

There is no direct financial impact for this matter.

 

Conclusion

 

Council’s “Who Cares About the Environment” attitudes and actions survey of Randwick residents continues to be a rich source of data from households on how importantly individuals rate and respond to environmental issues of concern. These findings will be used to adjust and refine Council’s programs delivered through the environmental levy program and how external grants are sought to enhance Council’s sustainability efforts and initiatives.

 

 

Recommendation

 

That:

 

a)           the report be received and noted; and

 

b)           Council notes the findings will be used to continue to adjust and refine Randwick’s environmental program and initiatives funded via our environmental levy.

 

 

Attachment/s:

Nil  


Ordinary Council                                                                                               28 February 2012

 

 

General Manager's Report No. GM1/12

 

Subject:                  Continuation of Community Partnership with South Sydney Football Club

Folder No:                   F2010/00282

Author:                   David Kelly, Manager Administrative Services     

 

Introduction

 

At its ordinary Council meeting held 14 December 2010, Council resolved:

 

(Andrews/Belleli) that:

 

a)     Council enter into a “Community Partnership” with the South Sydney Football   Club with the $40,000.00 contribution to come from savings identified in the        December 2010 Budget review;

 

b)     the General Manager be delegated authority to enter into a Memorandum of    Understanding with the South Sydney Football Club; and

 

c)     a report on the success of the 2011 Community Partnership to come back      before Council.

 

The purpose of this report is to advise Council in accordance with clause (c) of the above resolution of the outstanding success of this partnership throughout 2011 and to recommend extending this partnership into 2012 to continue with a number of wonderful community service initiatives.

 

Issues

 

As part of our 2011 partnership Council received twenty tickets to all South Sydney home games. These tickets were distributed to targeted schools and youth service providers which were identified as being in the best position to take advantage of this new initiative. The schools and service providers identified were La Perouse Public School, South Sydney High School, Maroubra Bay Public School, Chifley Public School, Matraville Soldiers Settlement Public School, Matraville Sports High School, La Pa Youth Haven and The Shack Youth Services. The feedback Council received from all groups has been outstanding. At each school the tickets were used as a reward to students for positive behaviour, attendance and participation at school and, according to the School Principals, the response from the kids was overwhelming. The youth service providers reported that they used the tickets to encourage attendance by targeted youth in order to keep them involved in the respective Centres.

 

In addition, two ambassador tickets to all home games were distributed to those community members identified as having made the most outstanding contribution to our community in a voluntary capacity. As part of the partnership tickets were distributed to volunteers from:

 

·      the Seniors Broadband Kiosk at the Junction Neighbourhood Centre;

·      the Aboriginal community of La Perouse;

·      La Perouse Public School and their sustainable vegetable garden;

·      the Kooloora Community Centre playgroup;

·      the Randwick Waverley Community Transport Group; and

·      the Schizophrenia Fellowship of NSW.

For the first time in 2011 Council also received 20 tickets for use throughout the year at The Legends Lounge. Council made the decision to provide them to all our junior rugby league clubs as a reward for long serving clubmen or women or to use as fundraisers. As part of the partnership these tickets were distributed to:

 

·      La Perouse United, who raffled the tickets off at their annual fundraiser;

·      Maroubra Lions, who held a reunion day where the tickets were used as the major prize of the fundraising raffle on the day;

·      Matraville Tigers, who offered the package to one of their teams for fundraising to go to Queensland; and

·      South Eastern, who used the tickets as two of the prizes in their fundraising raffle to help fund the cost of trophies and end of season gear for junior players. Council was acknowledged on the night.

 

A coaching clinic was held at Coral Sea Park on 4 August, 2011 for selected youth from Maroubra Bay Public School. The clinic was attended by five first graders, a number of under 20’s players, Luke Curry from the ARL, Jerome Ballard Souths’ Corporate Partnership Executive, Mario Fenech from the NRL, David Kelly and Gary Ella from Randwick Council. This clinic was a resounding success with every child hanging off every word of positive encouragement from their heroes. The signed football jumper which was provided under our partnership was given to the La Perouse Junior Rugby League Club to raffle at their annual fundraiser.

 

For the first time in 2011 Council received a table for 12 at the South Sydney Football club’s annual business networking event. Tickets were given to Council staff who were involved in Economic Development matters so that Council had a presence at this event, whilst the other tickets were given to representatives from the Matraville Chamber of Commerce who worked with Council on the Matraville Town Centre Action Plan.

 

In early 2011 a detailed review of the 2010 partnership was undertaken by both Council’s Manager Administrative Services and Community Project Officer - Aboriginal Services in conjunction with Jerome Ballard (Corporate Partnership Executive) and John Hutchison (General Manager of Souths Cares) from the South Sydney Football Club. As part of these reviews a number of newly implemented community service initiatives were introduced and conducted throughout 2011 by Souths Cares (the Community Services arm of the football club) in partnership with Council. These initiatives are summarised below.

 

The Healthy and Active Lifestyle Program started with Life Education and schools in the local area, including all our targeted primary schools. The program targets years 5 and 6 and build into years 7 and 8 as the Program further develops. Attendance levels have been excellent thus far:

 

·      Rainbow Street (36 students year 6 only);

·      Matraville Soldiers Settlement (67 Students both years 5 & 6);

·      Maroubra Bay Public School (27 Students both years 5 & 6);

·      Chifley Public School (76 Students both years 5 & 6); and

·      La Perouse Public School (28 Students both years 5 & 6).

 

Commenced the Schools to Work Transition program for years 11 and 12 and began profiling selected students at South Sydney High School, Matraville Sports High School and Marist Brothers Pagewood with a view to pushing them all into full time employment. The program will drill down to Year 11 and Year 10 next term. The program will then focus on cultural identity and Aboriginal/Australian History as well as short and long term goal setting/accomplishment.

 

The program is underpinned by self esteem building through a greater understanding of culture. The sessions then lead into employability skill such as resume building, goal setting, interview techniques, grooming and etiquette which lead to employment outcomes. The uniqueness of this program is that it engages corporate partners, community groups and some NRL players who will also take part in the journey and become mentors for this program. This mentoring phase is a key component of the program and will continue well beyond the school gate. Tertiary institutions within our area also have involvement opening further opportunities for students in this program.

 

Souths players also attended Kingsford McDonalds on Saturday 12th November for McHappy Day. The players were making burgers, serving in the drive through, collecting donations outside and generally interacting with our local community.

 

In addition to these wonderful programs there are a number of other opportunities for both organisations to get our positive messages out into the community. These include, but are not limited to:

 

·           Joint banners at strategic locations throughout Randwick City promoting youth events;

·           Youth project related stories from both organisations in our community newsletters;

·           Attach information on both organisations’ youth projects to our rates notice;

·           Links between our websites with each others good news and/or important stories on our respective websites and other publications;

·           Souths provide a high profile player(s) to certain Council events such as NAIDOC Week and the Sports Awards;

·           Council could place troubled youth we identify through our Youth Programs into any relevant Souths initiatives; and

·           Souths school visits could tell the kids about some of Council’s Programs and other youth programs available.

 

These initiatives would be of immense value to targeted areas within Randwick City and, through participation with the football club and their high profile athletes, more people could be reached and influenced than ever before.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A vibrant and diverse community.

Direction 2c:             Strong partnerships between the Council, community groups and government agencies.

 

Financial impact statement

 

The current sponsorship amount of $40,000.00 has been allowed for in the 2011-12 budget.

 

Conclusion

 

This unique and exciting “Community Partnership” with the South Sydney Football Club has resulted in major benefits for both our organisations and, more importantly, our local community. These benefits include:

 

·           Both organisations raising their profile in the community through the local media and with mutual marketing and advertising opportunities;

·           Better targeting of particular disadvantaged groups using high profile footballers who can better connect with these traditionally difficult areas;

·           Greater community awareness of the programs being run by both organisations; and

·           Being able to reward our volunteers and disadvantaged youth for their efforts.

 

 

Recommendation

 

That:

 

a)     Council continue the “Community Partnership” with the South Sydney Football   Club with the $40,000.00 contribution to come from the Community Services        budget;

 

b)     the General Manager be delegated authority to enter into a Memorandum of      Understanding with the South Sydney Football Club; and

 

c)     a report on the success of the 2012 Community Partnership to come back

        before Council.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               28 February 2012

 

 

General Manager's Report No. GM2/12

 

Subject:                  General Manager's Exercise of Delegation

Folder No:                   F2006/00383

Author:                   David Kelly, Manager Administrative Services     

 

Introduction

 

At its ordinary meeting held 13 December 2011 Council resolved:

 

“(Mayor, Cr S Nash) that:

 

a)     pursuant to section 377 of the Local Government Act, the Delegations of         Authority be updated as follows with the following new delegation:

 

RF017 – Facilitation of Council Approved Initiatives

To authorise expenditure within the adopted budget of up to $10,000.00 (per occurrence) in order to approve emergency expenditure above what has already been approved by Council for Community Events or Initiatives;

 

b)     all such expenses approved by the General Manager be reported back to Council to ensure probity and transparency at all times.”

 

The purpose of this report is to advise Council in accordance with clause (b) of the above resolution that the General Manager has exercised this delegation to deal with the recent court action regarding the Coach & Horses Hotel development application.  A summary of the costs orders decision in the Land & Environment Court for this matter is also provided.

 

Issues

 

Exercise of Delegation

The Special Circumstance that required the exercise of this delegation involved the recent court action regarding the Coach & Horses Hotel Development Application. A number of Councillors (8) declared significant conflicts of interest regarding the Coach & Horses Hotel Development Application when it was before the Council and managed their significant conflict of interest by not participating in the matter including the Council vote. This resulted in a lack of quorum and the matter could not be dealt with. The Council resolved not to delegate the matter to a third party or the General Manager as permitted under the Code.

 

The applicant for the Coach & Horses Hotel lodged an appeal in the Land & Environment Court on the basis of a deemed refusal. The Council met on two other occasions in an attempt to pass a resolution that would delegate the handling of the appeal in the Land & Environment Court to the General Manager. On both occasions amendments were moved which resulted in a lack of quorum as those Councillors that declared significant conflicts of interest left the chamber and did not participate in the matter. As such Council had no resolution to defend the Coach & Horses Hotel matter in the Land & Environment Court.

 

A local resident, who was the chair of the local Randwick Precinct, defended this matter on behalf of the precinct and the surrounding residents, due to Council not having a resolution to defend this matter in court. In effect this resident was undertaking the role of the Council in this matter. All Councillors acted within their requirements of the Code.

Costs Orders Hearing

The applicant filed a notice of motion in Land & Environment Court seeking that Council pays their costs in the class 1 proceedings for the Coach & Horses Hotel. The motion was heard by Justice Pain on 8 February 2012.

 

Council was successful in opposing the costs orders motion. Justice Pain did not agree with the applicant that Council had acted unreasonably in firstly not determining the application and secondly in the manner in which the Land & Environment Court proceedings were conducted. 

 

In Council's favour was the fact that a submitting appearance was filed early in the proceedings and that Council officers dealt with any procedural requests from the applicant in a prompt manner and did not try to frustrate or obstruct the applicant in the proceedings. The costs of this matter in the Land & Environment Court have to date amounted to $21,083 excluding the payment of the resident’s legal costs.

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in sustainability.

Direction 1b.3:   Maintain a high performing workforce that is responsive to the needs of the organisation.

Direction 1b.4:   Provide good governance and administrative support for the Council and the organisation.

 

Financial impact statement

 

These funds have been allowed for in the current budget.

 

Conclusion

 

As this resident has incurred legal expenses in defending this matter on behalf of the residents surrounding the Coach & Horses Hotel, this was considered to be a special circumstance and Council has reimbursed this resident his legal costs in this matter. The total amount does not exceed the $10,000.00 Council delegation.

 

 

Recommendation

 

That Council receive and note the General Manager’s advice that he has exercised delegation RF017 as approved by Council at its ordinary Council meeting held 13 December 2011.

 

Attachment/s:

 

1.View

Land & Environment Court Judgement re: Costs - Coach & Horses Hotel

 

 

 

 


Land & Environment Court Judgement re: Costs - Coach & Horses Hotel

Attachment 1

 

 










Ordinary Council                                                                                               28 February 2012

 

 

General Manager's Report No. GM3/12

 

 

Subject:                  LGSA Tourism Conference

Folder No:                   F2005/00646

Author:                   Julie Hartshorn, Senior Administrative Coordinator     

 

Introduction

 

The President of the Local Government Association of NSW has written to Council advising of the upcoming LGSA Tourism Conference to be held in Gunnedah from 12-14 March 2012. The President has indicated that this is the only local government focussed tourism conference in NSW – ‘by the industry for the industry’.

 

Issues

 

The theme of the conference is ‘Check In or Check Out! Does your service meet your visitors’ expectations?’ and the conference aims to ‘give council leaders and tourism management staff a lively program of topical and emergent issues.’

 

The following is an extract from the Randwick City Plan 2009 in relation to tourism and recreation:

 

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 8:       A strong local economy.

Direction 8e:      Tourism’s important role in the local economy is acknowledged.

 


Financial impact statement

 

The cost of attending this conference can be funded from the 2011-12 budget for Councillors’ conferences and seminars.

 

Conclusion

 

It is recommended that interested Councillors be authorised to attend the conference.

 

 

Recommendation

 

That any interested Councillors be authorised to attend the LGSA Tourism Conference in Gunnedah from 12-14 March 2012.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               28 February 2012

 

 

General Manager's Report No. GM4/12

 

 

Subject:                  50:50 Vision  Gender Equity - Bronze Award Achievement

Folder No:                   F2004/06897

Author:                   Fiona Calabrese, Manager Organisational  Staff Services     

 

Introduction

 

The Australian Centre of Excellence for Local Government (ACELG) and the Australian Local Government Women’s Association (ALGWA) have introduced the 50:50 Vision – Councils for Gender Equity Program. This national accreditation is for local government authorities that promote and encourage gender equity. The program has three levels, being Bronze, Silver and Gold accreditation.

 

At the November 2011 Ordinary Council meeting Council resolved to adopt a statement of commitment in relation to gender equity issues. This formed part of the Council’s Bronze Award application.

 

I am very pleased to now advise that in January 2012 Randwick Council received accreditation for the Bronze Award.

 

Issues

 

The National President of the Australian Local Government Women’s Association, Clr, Darriea Turley in congratulating Randwick Council made the following comments:

 

‘Your entry was impressive, demonstrating a commitment within the organisation to address gender equity issues in a way that will lead to lasting change in your organisation.

 

The commitment of your councillors, expressed through their Statement of Commitment is equally commendable’.

 

Progressing through the program Council will now aspire to qualify for the Silver Award.  To achieve this award, councils must have already completed the Bronze level and be certified in three of the following four areas:

 

–      Commitment and leadership

–      Nomination and recruitment

–      Remuneration, recognition and training

–      Work and family balance.

 

An online benchmarking Supportive Culture staff survey is also part of the accreditation process.

 

With the support of our Workforce Strategy, Council is well placed to qualify for this next award in 2012.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

Direction 1b.1:   Demonstrate best practice and leadership in local government.

 

Financial impact statement

 

Costs that may be incurred in achieving the Silver Award will be managed within the current Organisational Staff Services budget.

 

Conclusion

 

During 2012 Council will work towards receiving accreditation for the Silver Award in the 50:50 Vision – Councils for Gender Equity Program.

 

 

Recommendation

 

That Council note the Bronze Award accreditation and continue to provide support working towards Randwick achieving Silver Award accreditation. 

 

Attachment/s:

 

1.View

Letter of congratulations Bronze Award

 

 

 

 


Letter of congratulations Bronze Award

Attachment 1

 

 


 









Ordinary Council                                                                                               28 February 2012

 

 

General Manager's Report No. GM5/12

 

 

Subject:                  Workplace Health & Safety Act and Regulation 2011

Folder No:                   F2012/00075

Author:                   Fiona Calabrese, Manager Organisational  Staff Services     

 

Introduction

 

As part of the Federal Government moving to nationally harmonise Work Health & Safety (WHS) legislation, NSW has enacted the ‘Work Health and Safety Act & Regulation 2011’. The new legislation came into effect on 1 January 2012 and this report provides an update on Council’s implementation.

 

Issues

 

The new Work Health and Safety Act & Regulation 2011 is intended to manage and improve safety, systematically control risk and reduce injury and illness in the workplace.

 

Continuing Randwick City Council’s proactive response to the new legislation a review of our existing Workplace Health & Safety Management System (WHSMS) was completed. The WHSMS is the framework, policies, procedures and associated forms providing information and guidance to workers in all aspects of safety. A new WHSMS was developed in consultation with stakeholders by the Workplace Safety and Welfare section and was then subject to a compliance review by Special Counsel (Sparke Helmore Lawyers) who specialise in workplace safety law.

 

Supporting Councils commitment to shared services the new Randwick WHSMS has been given to SSROC Councils to assist with their own implementation.

 

Demonstrating Council’s commitment to supporting our partners in safety, education sessions were developed outlining the significant changes of the new legislation for council contractors. This information was presented by Council in mid December through two Workplace Health & Safety, Contractor Management briefings.

 

The sessions were well attended discussing topics including Council’s expectations, responsibilities, contractor engagement, due diligence, insurances, tender requirements and processes, communication, fines, duty of care, consultation, chain of responsibility and verification.  Feedback from attendees was very positive.

 

Following the sessions the presentation was provided to the contractors and requests have been received for our staff to conduct presentations for contractor companies.  

 

Supporting the implementation of the new WHS legislation, transitional arrangements are in place assisting organisations and workers to comply with the new work health and safety laws.

 

In summary, these transitional arrangements provide for:

 

·      recognition of existing information, records or other documentation that is substantially the same as WHS requirements;

·      transitional periods of 12 to 18 months where there is a change in training requirements;

·      only requiring retraining or reassessment if the requirements are substantially different;

·      transitional periods of 6 to 12 months (in most cases 12 months) where a duty or requirement is new; and

·      up to 24 months for some new obligations where industry might have difficulty in complying for reasons beyond their control.

 

Council is aware of these arrangements and has no concerns with these timelines.

 

We are now commencing with a program of consultation, education and training across all levels of our workforce. Using a variety of tools this program will support our workforce continue to apply due care protecting the health, safety and welfare to themselves and all others in the workplace.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in sustainability

Direction 1b.9:   Provide a safe and healthy environment for staff, contractors and the community.

 

Financial impact statement

 

Costs associated with implementing the new Workplace Health and Safety laws are provided for within the current budget and are also proposed for the 2012-13 Workplace Health and Safety and Learning and Development budgets.

 

Conclusion

 

Council continues to proactively implement the new Work Health and Safety Act & Regulation 2011 and is committed to ensuring a well educated and trained workforce.

 

 

Recommendation

 

That the report be received and noted.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               28 February 2012

 

 

General Manager's Report No. GM6/12

 

Subject:                  Review of the 2011-12 Annual Operational Plan - December 2011 Quarterly Report

Folder No:                   F2011/00037

Author:                   Daniel Fowler, Coordinator Integrated Planning & Knowledge Management     

 

Introduction

 

The purpose of this Report is to update Councillors and the community on the implementation of the 2011-12 Annual Operational Plan.

 

Issues

 

This is the December 2011 Quarterly Review of the 2011-12 Annual Operational Plan.

 

The December Quarterly Report is presented in two parts. The first outlines some of the highlights for the quarter, while the second provides comments for each of the 2011-12 Operational Plan actions.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in sustainability.

Direction 1a:      Council has a long term vision based on sustainability.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The purpose of the December Quarterly Report is to inform and update Council and the community on the progress of all actions as set out in the adopted 2011-12 Annual Operational Plan. In addition, given that the Operational Plan is based on the 20 year Randwick City Plan and that Council’s reporting format is based on outcomes rather than organisational structure, the December Quarterly Report also provides a level of accountability against our long term vision for the City of Randwick.

 

 

Recommendation

 

That the information contained in the December 2011 Quarterly review of the 2011-12 Annual Operational Plan be received and noted.

 

 

Attachment/s:

1.View

Quarterly Report Highlights - Randwick City Council - December 2011

 

2.

Quarterly Report full version - December 2011

INCLUDED UNDER SEPARATE COVER

 

 


Quarterly Report Highlights - Randwick City Council - December 2011

Attachment 1

 

 

Highlights of the Randwick City Council

Quarterly Report December 2011

 

The following highlights are outlined as per the themes and respective outcomes of the 20 year Randwick City Plan.

 

Maroubra Surf Club remediation works project was completed in December 2011.

 

RESPONSIBLE MANAGEMENT

 

»        Leadership in sustainability

 

·    A Councillor Extranet and a revised intranet and went live during the quarter.

·    The ‘Your Say Randwick’ sites proved popular and effective community engagement tools, with 12,129 site visits during the period under review and 6,330 documents downloaded. The effectiveness of the consultations and community feedback on the development proposal for the Des Renford Aquatic Centre was demonstrated by the very low level of objections received.

·    Major improvements have been made in the design quality of Council's publications since internalising our graphic design services. This has allowed Council to create consistent branding across a wide range of Council services.

·    From October to December, the Communications Unit responded to 37 media enquiries covering issues such as the Bunnerong Gymnastics Centre, the Chinese Market Gardens, the Specialised Health and Education Centre, Matraville Town Centre amenities, outdoor advertising, and Council works at La Perouse.

·    More than 250 publications were submitted to the Communications team for proofing and approval from October to December 2011.

·    Randwick City Council employees participated in the annual Corporate Leadership Cup held at Canterbury Council.

·    Winners of the ICARE values film competition were announced and a number of the films are now incorporated as part of employee induction.

·    The Red Tape Review project was completed during the quarter which focused on reviewing and streamlining Council processes.

 

A SENSE OF COMMUNITY

 

»        A vibrant and diverse community

 

·    Council has launched a Facebook (www.facebook.com/randwickcitycouncil) and Twitter (www.twitter.com/randwickmayor) page. Council's social media policy has also been adopted by Council.

·    City events: The Sydney White Walk for the White Ribbon Foundation was attended by local Members of Parliament, politicians, the Police Commissioner and various Superintendents, emergency service representatives, local indigenous and domestic violence groups and the general community. Coogee Carols and New Year’s Eve attracted high attendance rates and received positive feedback from residents. The Seniors Christmas concerts remain popular with the new venue and format attracting 1200 residents.

·    Moverley Children’s Centre has completed enrolments for 2012 and will operate with 100% occupancy with approximately 400 on the waiting list.

·    First Aid/CPR and Bullying and Confidence workshops were consistently booked out during the quarter. Evaluations of the workshops indicate residents are seeking interesting, current, and accessible information about parenting topics.

·    Distributed $61,092 from the Council endorsed September 2011 Cultural Community Grant to 18 community organisations.

·    The Lexington Place Busking Competition attracted a predominantly young group of artists who performed a variety of acts to a receptive audience.

·    Assisted the La Perouse Aboriginal community with the organisation of NAIDOC activities and worked with the Inner Eastern Sydney Children and Family Interagency to deliver a fourth Cultural Competencies workshop. La Perouse Aboriginal Community Alliance was established in partnership with Aboriginal Affairs NSW.

·    Training workshop provided for all precincts on social media.

 

»        An informed and engaged community

 

·    The number of Randwick eNews subscribers steadily increased from 429 to 501 during the quarter.

·    The Communication unit published 25 items on the news section of the website including media releases and other issues that required the immediate attention of the local community. Stories included dispelling myths on the specialised centre, the lifeguards bravery awards, the new draft LEP, the new recruit Police Officer at the Eastern Beaches LAC, no camping in car parks, and Coogee Carols and New Year’s Eve fireworks at Coogee. Many of these stories have been posted on Facebook and tweeted by the Mayor.

·    Visits to Council’s website increased by 36,610, totalling 127,619 for the quarter. The library homepage received the highest number of visits, followed by the Council homepage.

·    Over 300 people attended the Eastern Sydney Disability Sport and Physical Activity Information Expo. Over 100 consumers and carers attended the "Growing Well" Information Session.

 

PLACES FOR PEOPLE

 

»        Excellence in urban design and development

 

·    In the year to date Council has issued 80 Construction Certificates and 28 Complying Development Certificates within a median period of 18 days and 16 days respectively.

·    In the year to date, Council officers have investigated a total of 627 health, building, compliance and fire safety customer action requests. The customer action requests were acted upon within a median period of 4 days.

 

»        Excellence in recreation and lifestyle opportunities

 

·    A community consultation plan has been developed for the Randwick Environment Park Plan along with a shortlist of suitable landscape consultants.

·    Council continues to plan, design and construct significant improvement works to Heffron Park. The construction of the Children's Bicycle Facility (due for completion by June 2012) will provide the Randwick area with a valuable venue for teaching children about road safety and excellent cycling skills.

·    During the quarter the library held 178 events attended by 6,612 people. The library also won three significant awards:

Tales from Many Cities, our major multicultural project for 2010, won a NSW Public Libraries Multicultural Excellence Award,

the Big Bang Science Club got a highly commended in the recent Public Library Marketing Awards, and

the Coordinator of Business Systems, Valeria Gryadunova, won a Pride of Workmanship Award from Maroubra Rotary.

 

»        A liveable City

 

·    Completed 98 drainage tasks through service requests ranging from clearing blocked stormwater lines to repairing damaged lintels and reconstructing damaged pipelines. Completed 459 pothole repairs and 438 footpath and kerb & gutter repairs through service requests.

·    Buildings for our Community program progressed well during the quarter with the completion of the Maroubra Surf Club remediation works in December 2011.

·    Des Renford Aquatic Centre maintained water quality to the highest standard at all times during the quarter. All independent water tests and Health Department water tests have produced excellent water quality results.

·    In the year to date, Council’s Environmental Health Officers have carried out a total of 544 food premise inspections. This consists of 417 initial inspections of food premises and a further 127 follow-up re-inspections of food premises.

·    In the year to date, a total of 629 animal type Customer Action Requests have been investigated. 99% of these requests were actioned within service agreed timeframes. Council's Rangers are also implementing a pro-active strategy through the summer period to address the use of Council reserves and car parks by backpackers in campervans or camping.

·    The draft Comprehensive LEP was reported to Council in December 2011. Council resolved to forward the draft LEP to the Department of Planning and Infrastructure (DOPI) to seek approval for public exhibition.

·    Since July 2011, a total of 527 home maintenance modification jobs have been completed.

 

»        Heritage that is protected and celebrated

 

·    Work continues on the digitisation of Council’s minute books, starting with microfilm rolls covering 1859-1985. This will allow electronic access by Councillors, staff and the general public to historical information pertaining to our city.

A PROSPERING CITY

 

»        A strong local economy

 

·    The Randwick City Economic Leadership Forum was held on 30 November 2011. Attendees at the event included Members of Parliament, Councillors and business leaders from the Randwick City business community. Very positive feedback was received and the event was a great success.

·    The Matraville Town Centre design is now complete and work is scheduled to commence in February 2012.

 

MOVING AROUND

 

»        Integrated and accessible transport

 

·    Council continues to work towards the possible re-introduction of light rail to the Randwick area. Together with other members of a consortium (also including the Australian Turf Club and the University of New South Wales) the Council visited numerous Department of Transport forums and working groups to advocate for the introduction of a light rail service to Randwick.

·    In the year to date, Council's Rangers and Parking Officers have responded to 1,769 parking related Customer Action Requests. 100% of the requests were actioned within service agreed timeframes.

·    The Kingsford (west) Resident Parking Scheme survey has been completed. It will be reported at the January 2012 Traffic Committee meeting.

 

LOOKING AFTER OUR ENVIRONMENT

 

»        A healthy environment

 

·    Council approved the new School Food and Native Gardens Policy.

·    Following the completion of the energy audits of Council's top energy consuming sites a proposal is being prepared to develop a new Energy Management Planning Framework. This framework will identify and prioritise energy saving actions for the forthcoming budget. 

·    Council has received expressions of interest from potential Alternative Waste Treatment (AWT) service providers to participate in Council's planning of AWT technology. This will contribute towards achieving our target of diverting 66% of waste from landfill by 2014.

·    Additional external funding from Sydney Water and Council has enabled a number of stormwater re-use projects (within Coogee, Clovelly, and Cromwell Park) to be brought forward and completed ahead of time. The additional water savings from these new projects is approximately 50 million litres per annum.

 


Ordinary Council                                                                                               28 February 2012

 

 

General Manager's Report No. GM7/12

 

 

Subject:                  Randwick City Council's Workforce Strategy

Folder No:                   F2008/00099

Author:                   Fiona Calabrese, Manager Organisational  Staff Services     

 

Introduction

 

Randwick City Council has developed a Resourcing Strategy (Long Term Financial Plan, Assets Plan and Workforce Strategy) to meet the needs of the 2009-13 four year Delivery Program. This report is to provide the Council with information on both our 2011 and current workforce activities and performance.

 

Issues

 

During the past year the Workforce Strategy had a strong focus on leadership development, workplace health and safety and strengthening corporate obligations. 

 

This saw the reenergising of existing leadership programs as well as the introduction of new ones. Particularly, Council introduced 'Step Up' to provide developing leaders with the opportunity to learn more about local government from direct mentoring by key executive staff. These programs are ongoing and support the Council’s leadership development strategy.

 

A new Workplace Health and Safety management system was developed in 2011 and our workforce and safety partners prepared for the new Act and Regulation through education and resources.

 

To further strengthen corporate obligations the Council ICARE values were relaunched through ‘All Stops to Randwick’ and by the holding of a staff film competition to demonstrate the values.  These activities were complimented by the introduction of a Corporate Obligations kit for managers and the development of Council’s probity guide.

 

Our 2009-13 Workforce Strategy has five key themes each with their own annual actions and performance indicators. The following tables summarise our performance against the Workforce Strategy actions of 2011.

 

1.     Aligning values and workplace

 

-        Diversity and EEO

-        Corporate human resources policies

-        Icare values and culture

-        Corporate communication

-         

 

Performance Indicator 2009-13

 

Performance 2011

A range of communication tools are used in human resources programs and corporate processes to support employee involvement.

453 staff attended All Stops to Randwick 2011. Topics included ICARE values, internal communication, code of conduct, Council performance and employer of choice.

 

Measured through performance reviews, discipline and grievances staff are demonstrating ICARE Values in the workplace

ICARE values refocus during 2011 using ASTR and film competition.

Collaborative relationships with employee committees, unions and associations.

Staff committee (JCC, OHS) meetings held at scheduled.

Policies are current and referenced to ICARE Values, diversity, best practice, risk and organisational outcomes.

Policies reviewed Parental and Adoption Leave, Recruitment and Selection, Leave without Pay.

Internal and external partnership arrangements exist for cross functional projects.

 

Two local police officers participated in the Corporate Leadership Cup as part of the Randwick team. Learning and development staff provided training to local police and not for profit community groups. 

Organisational Staff Services systems are current to ensure maximum utilisation, relevance and effectiveness for the organisation.

Achieved.

 

2.     Strengthening workforce capability

-        Organisation Branding

-        Attraction and retention

-        Succession planning

-        Building talent

-         

 

Performance Indicator 2009-13

 

Performance 2011

Data is used to report (workforce demographics turnover rates, employee interview feedback, worker compensation, leave management, EEO, skills and performance outcomes).

Reports to MANEX include OHS, sick leave audits, performance review outcomes, workers compensation and employer for choice activities.

Attraction and retention strategy is implemented.

Turnover for 2011 was 10.78%. This percentage includes casual and seasonal movements.

Decrease in advertising cost of recruitment activities.

Significant reduction in advertising costs.

New full time and part time staff complete Council’s Induction and Mentor Program.

Induction guide ‘My Randwick Road Map’ developed.

90% more than satisfied with employee induction measured through manager and employee probation review.

Achieved. Probation interviews conducted on new starters and will have a stronger focus during 2012.

95% success rate with recruitments activities

Achieved.

95% probation successful rate.

Probation activities consistent with Council policy and procedures.

Turnover rate less than 5% in the first five years of service and in identified skills shortage and workforce gap areas.

Data being compiled for reporting in June 2012.

Potential candidates able to register for “future opportunities”.

Achieved.

Hewitt—Employer of Choice recognition 2013.

 

Employer of Choice accreditation commenced in February 2011 – far surpassing expected benchmark. 372 staff completed engagement survey.

 

3.     Inspiring performance

-        Performance management

-        Reward and recognition

-        Performance planning and measurement

 

 

Performance Indicator 2009-13