Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 13 March 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                              13 March 2012

 

 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 13 March 2012 at 6pm.

 

 

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

 

Quorum:                           Eight (8) members

 

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 14 February 2012

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application Reports (record of voting required)

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

D16/12      35 Midway Drive, Maroubra (DA/806/2010) Deferred

D17/12      17 Garnet Street, South Coogee (DA/534/2011)

D18/12      11A Chapman Avenue Maroubra (DA/1118/2010/A)

D19/12      385 Maroubra Road, Maroubra (DA/12/2012)

D20/12      159 Fitzgerald Avenue, Maroubra (DA/509/2011)

D21/12      9 Kyogle Street, Maroubra (DA/37/2012)

D22/12      7 Boomerang Street, Maroubra (DA/848/2011)

D23/12      4-8 Storey Street, Maroubra (DA/553/2011)

D24/12      390-396 Anzac Parade, Kingsford (DA/579/2011)

D25/12      2 Hamilton Street, Clovelly (DA/852/2011)

D26/12      201-207 Barker Street, Randwick (DA/526/2010/A)…………………………………….437  

Miscellaneous Reports

Nil   

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                              13 March 2012

 

 

Development Application Report No. D16/12

 

 

Subject:                  35 Midway Drive, Maroubra (DA/806/2010)

Folder No:                   DA/806/2010

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

The application was reported to Council at its Planning Committee Meeting held on 8 November 2011. At the meeting it was resolved:

 

‘(Bowen/Mayor, Cr Nash) that the application be deferred for mediation.’

 

Issues

 

Mediation was unable to be held until 16 February 2012, due to the unavailability of the objectors to meet at earlier time. At the mediation the applicant agreed to make the following amendments to the scheme;

 

·      Reduction of the roof pitch by 300mm

·      Reduction of floor to ceiling heights by 100mm to achieve an overall reduction of 400mm

·      Reduction in the depth of the upper level balconies by 300mm

·      The bathroom window to townhouse 1 to be obscure glazed

·      The bedroom window to townhouse 1to be obscure glazed

·      The area of the front boundary fence to be splayed to be a maximum height of 600mm

 

The objectors were prepared to withdraw their objections subject to the above amendments.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4          Excellence in urban design and development.

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

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The outcome of the mediation has been included in the recommendation and is reported to Council for its consideration.

 

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 20F(1) of Randwick Local Environmental Plan 1998 (Consolidation), relating to maximum floor space ratio, on the grounds that the proposed development complies with the objectives of the clause, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/806/2010 for demolition of the existing structures and construction of two storey multi-unit building containing 4 town houses with basement car parking for 7 vehicles, fencing and associated site works at No. 35 Midway Drive, Maroubra, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Sheet C01, Revision C

Draftsmart Pty Ltd

9 June 2011

Sheet C02, Revision C

Sheet C03, Revision C

Sheet C04, Revision C

Sheet C05, Revision C

 

BASIX Certificate

No.

Dated

Multi Dwelling

328706M

8 September 2011

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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


 

 

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements and details are to be included in the Construction Certificate:

 

·      Reduction of the roof pitch by 300mm

·      Reduction of floor to ceiling heights by 100mm to achieve an overall reduction of 400mm

·      Reduction in the depth of the upper level balconies by 300mm

·      The bathroom window to townhouse 1 to be obscure glazed

·      The bedroom window to townhouse 1to be obscure glazed

·      The area of the front boundary fence to be splayed to be a maximum height of 600mm

 

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 implemented substantially in accordance with the unnumbered and undated photomontage received by Council on 20 September 2010 and be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

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 $1,259,297, the following applicable monetary levy must be paid to Council: $12592.95

       

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

 

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

 

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 Deposits

7.       The following security deposit requirements must be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to Council’s assets and infrastructure; and as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

·           $600.00     -      Damage / Civil Works Security Deposit

 

Security deposits 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.

 

8.       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.

 

9.       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.

 

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.

 

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

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

 

a)   $3000.00   -      Damage / Civil Works Security Deposit

 

The damage/civil works security deposit may be provided by way of a cash or cheque with the Council and is refundable upon:

 

§  A satisfactory inspection by Council that no damage has occurred to the Council assets such as roadway, kerb, guttering, drainage pits footway, or verge; and

§  Completion of the civil works as conditioned in this development consent by Council.

 

The applicant is to advise Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

 

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

 

12.     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.

 

13.     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.

 

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

 

15.     The driveway opening at the Midway Drive frontage must be 3.50 metres wide and located at least 1.0 metres clear of the side property.

 

16.     The internal driveway must be a minimum 3.20m wide (clear width).

 

 

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

17.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level (concrete/paved/tiled level) at the property boundary shall be as follows:

 

Driveway Entrance - not exceed a grade of 1:6 above the Council footpath level at this location.

 

Pedestrian Entrances – not exceed a height of 50mm above the Council footpath level opposite the pedestrian gate entrances.

 

18.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate (a construction note is considered satisfactory).

 

19.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $1073.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

20.     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.

 

21.     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.

 

22.     Documentary evidence from the relevant public utility authorities confirming that their requirements have been satisfied, must be submitted to the certifying authority prior to a construction certificate being issued for the development.

 

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

 

The owner/builder must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council, prior to the issuing of a final occupation certificate for the development.

 

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

 

24.     Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant must liaise with Energy Australia prior to lodging the construction certificate to determine whether or not an electricity substation is required for the development.

 

25.     The applicant shall meet the full cost of the overhead power lines and telecommunication cables located in the vicinity of the development site to be Aerial Bundled. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.

 

26.     A Section 73 Compliance Certificate under the Sydney water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92.

 

Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

The Notice must be issued to the Principal Certifying Authority prior to the construction certificate being issued.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development.

 

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

27.     The floor level of all habitable area shall be at a minimum RL of 15.50 AHD.

 

28.     The internal driveway is to be constructed in accordance with the submitted grades, levels and height clearance as shown on the plans marked Job No:1004, Sheet No’s:CO1 & CO5 stamped by Received by Council 5/8/2011. Prior to the issuing of an occupation certificate a Registered Surveyor is to confirm the internal driveway has been constructed in accordance with the abovementioned plans.

 

29.     All windows, vents and other openings into the basement carpark including Fire Exit 1 & 2 but excluding the internal driveway must be at minimum RL 15.20 AHD. Plans submitted for the Construction Certificate must show compliance with this requirement.

 

30.     All structural walls on the ground floor level shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Development Manual (New South Wales Government, April 2005). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

It is noted that this requirement does not necessitate the development being flood proof/water tight up to the PMF event, rather the requirement is to ensure that the development will not be structurally damaged in manner that could endanger lives during the PMF event.

 

31.     Stormwater drainage plans have not been approved as part of this development consent. Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

a)       A detailed drainage design supported by a catchment area plan, at a scale of 1:100 or as considered acceptable to the Council or an accredited certifier, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run-off, 1987 edition.

 

b)       A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system. 

 

c)       Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The site must be graded to direct any surplus run-off (ie. above the 1 in 20 year storm) to the proposed drainage system.

 

d)       The separate catchment areas within the site, draining to each collection point or surface pit are to be classified into the following categories:

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

e)       Where buildings abut higher buildings and their roofs are "flashed in" to the higher wall, the area contributing must be taken as:  the projected roof area of the lower building, plus one half of the area of the vertical wall abutting, for the purpose of determining the discharge from the lower roof.

 

f)       Proposed finished surface levels and grades of car parks, internal driveways and access aisles which are to be related to Council's design alignment levels.

 

g)       The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.

 

32.     All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

33.     All site stormwater must be discharged (by gravity) to either:

 

a)     The kerb and gutter or drainage system at the front of the property; OR

b)     A suitably sized infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

34.     Should stormwater be discharged to Council’s street drainage system, on-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 5 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by Council.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

Should no formal overland escape route be provided for storms greater than the design storm, the on-site detention system shall be sized for the 1 in 100 year storm event.

 

For small areas up to 0.5 hectares, determination of the required cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum has to be a minimum of 2.0 metres below the base of the tank.

 

35.     Should stormwater be discharged to an infiltration system, the infiltration area shall be  sized for all storm events up to the 1 in 20 year storm event with provision for a formal overland flow path to Council’s Street drainage system.

 

Should no formal overland escape route be provided for storms greater than the design storm, the infiltration system shall be sized for the 1 in 100 year storm event.

36.     Any Infiltration systems/Absorption Trenches must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

37.     The detention area/infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.

 

38.     Any onsite detention/infiltration systems shall be located in areas accessible by residents of all units.

 

39.     The maximum depth of ponding in above ground detention areas (and/or infiltration systems with above ground storage) shall be as follows:

 

a)   300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

b)   600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10.

c)   200mm in landscaped areas where a childproof fence is provided around the outside of the detention area

 

Notes:

§ It is noted that above ground storage will not be permitted in basement carparks or in any area which may be used for storage of goods.

§ Mulch/bark must not be used in onsite detention areas

 

40.     Any above ground stormwater detention areas (and/or infiltration systems with above ground storage) must be suitably signposted where required, warning people of the maximum flood level.

41.     The floor level of all habitable and storage areas adjacent to the detention area (and/or infiltration systems with above ground storage) must be a minimum of 300mm above the maximum water level in the detention area for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

42.     A childproof and corrosion resistant fastening system shall be installed on access grates over pits/trenches where water is permitted to be temporarily stored.

 

43.     A `V' drain is to be constructed along the perimeter of the property, where required, to direct all stormwater to the detention/infiltration area.

 

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

 

The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

45.     A sediment/silt arrester pit must be provided:

 

·      within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system; and

·      prior to stormwater discharging into any absorption/infiltration system.

 

The sediment/silt arrester pit shall be constructed in accordance with the following requirements:

 

·      The base of the pit located a minimum 300mm under the invert level of the outlet pipe.

·      The pit constructed from cast in-situ concrete, precast concrete, double brick or equivalent.

·      A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

·      A galvanised heavy-duty screen located over the outlet pipe/s (Mascot GMS multipurpose filter screen or equivalent).

·      The grate being a galvanised heavy-duty grate that has a provision for a child proof fastening system.

·      A child proof and corrosion resistant fastening system provided for the access grate (e.g. spring loaded j-bolts or similar).

·      A sign adjacent to the pit stating:

“This sediment/silt arrester pit shall be regularly inspected and cleaned.”

 

 

Note: Sketch details of a standard sediment/silt arrester pit may be obtained from Council’s Drainage Engineer.

 

46.     One covered car washing bay shall be provided for this development.

 

a)       The car washing bay must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to an occupation certificate being issued for the proposed development.

b)       The car washing bay must be located outside any required/approved stormwater detention system.

c)       The car washing bay may be located within the visitor parking spaces provided they are signposted with ‘Exclusive Carwash Bay Use Sat 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’

d)       The car washing bay must be constructed with a minimum 20mm bund around the perimeter of the car washing bay (or equivalent)

e)       A water tap shall be located adjacent to the car washing bay.

 

47.     Prior to the issuing of an occupation certificate, the applicant shall submit to Council, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

 

·      The location of the detention basin with finished surface levels;

·      Finished site contours at 0.2 metre intervals;

·      Volume of storage available in the detention areas;

·      The location, diameter, gradient and material (i.e PVC, RC etc) of all stormwater pipes;

·      The orifice size(s) (if applicable);

·      Details of any infiltration/absorption systems; and

·      Details of any pumping systems installed (including wet well volumes).

 

48.     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 the conditions of development consent. 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.

 

49.     As the above site may be present within a fluctuating water table, the basement carpark and/or similar structures are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard, to the satisfaction of the certifying authority. A copy of the certification is to be forwarded to Council.

 

Notes:

a)  Any subsoil drainage (from planter boxes etc) is to be disposed of within the site and is not to be discharged to Council’s kerb & gutter and/or underground drainage system.

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

 

 

50.     Seepage water must not be collected and discharged from the site.

 

51.     A report must be submitted to and approved by the Certifying Authority or an accredited certifier, prior to issuing the Construction Certificate, detailing the proposed method of excavation and dewatering process.  This report is to be prepared by suitably qualified and experienced Geotechnical, Hydrological and Structural Engineers and is to include but not limited to:

 

·        The proposed method of shoring/piling and dewatering.

·        The zone of influence of any possible settlement.

·        The location of any proposed re-injection points in relation to the property boundaries (where re-injection equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·        Monitoring of fluctuations of the water table during dewatering/construction to be undertaken by consulting engineers to ensure that the conditions of consent and other relevant requirements are satisfied.

·        The location of all proposed monitoring equipment in relation to the property boundaries (where monitoring equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·        Details of any consultation and arrangements made with owners of any potentially affected nearby premises (ie in relation to access, monitoring and rectification of possible damage to other premises).

·        Details of groundwater quality and proposed disposal of any potentially contaminated groundwater in accordance with relevant requirements of the Department of Environment & Conservation, Council and the Protection of the Environment Operations Act 1997, in an environmentally sensitive manner.

·        The location of all pumping equipment in relation to the property boundaries.

·        The proposed method of noise attenuation for all pumping equipment, so as not to be more than 5dB (A) greater than the A – weighted L90 background sound pressure level between the hours of 7am to 10pm within any residential premises and not to be audible at all between the hours of 10pm and 7am within any residential dwelling.

·        Confirmation that the proposed methods of dewatering and excavation are appropriate and in accordance with ‘best practice’ principles and should not result in any unacceptable levels of settlement or damage of the adjoining or nearby buildings within the zone of influence.

 

The dewatering process must be monitored by the consulting Engineer/s to the satisfaction of the principal certifying authority and documentary evidence of compliance with the relevant conditions of consent and dewatering requirements must be provided to the principal certifying authority and the Council.

 

The site conditions and fluctuations in the water table are to be reviewed by the consulting Engineer prior to and during the excavation/construction process, to ensure the suitability of the excavation and dewatering process and compliance with Council's conditions of consent.

 

Note: The above condition will not be enforced should the applicant be able to supply updated satisfactory information which demonstrates the water table is located a minimum 2.50m below the basement garage slab.

 

 

52.     If any temporary dewatering of the site is required to facilitate construction of any part of the basement car park and/or detention tank a licence under Part V of the Water Act 1912 will be required. The licence must be obtained from the NSW Department of Water and Energy prior to installation of the works. A copy of the license agreement must be forwarded to Council prior to any dewatering being undertaken.

 

53.     A separate written approval from Council is required to be obtained in relation to any proposed discharge of groundwater into Council’s drainage system external to the site, in accordance with the requirements of Section 138 of the Roads Act 1993.

 

The following conditions are applied to provide adequate provisions for waste management:

54.     The garbage room areas will have to be designed so as to be able to contain a total of 8 x 240 litre bins (4 garbage bins & 4 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

55.     The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

56.     The waste storage areas shall be clearly signposted.

 

57.     Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste Services, a Waste Management Plan detailing waste and recycling storage and disposal for the development site.

 

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste.

 

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

58.     Landscaping at this site shall be installed substantially in accordance with the Landscape Plan by Greenplan, job no. 10.713, issue A, dated 18/08/10, but prior to the commencement of site works, the following additional requirements are to be shown an amended plan, which must be submitted to, and be approved by, the PCA:

 

·           Additional notations showing soil and mulch details, irrigation details, edging, paving, fencing details, surface finishes, retaining wall details, and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

·           All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm.

 

·           In order to reduce the amount of storm-water generated by the site, as well as to recharge groundwater supplies, porous/permeable paving shall be used in all hard surfacing not over slab.

 

·           To ensure satisfactory maintenance of the landscaped areas, an automatic drip irrigation system shall be installed throughout all planted areas. Details shall be provided showing that the system will be connected to the sites rainwater tanks, with back-up connection to the mains supply, in accordance with all current Sydney Water requirements.

 

·           All detention tanks and below ground stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping.

 

59.     The PCA must ensure that the landscaping has been installed in accordance with the approved plan and relevant conditions of consent, prior to the issue of a Final Occupation Certificate, with the owner/s to maintain it in a healthy and vigorous state until maturity.

 

Street Tree

60.     The applicant shall submit a total payment of $107.25 (including GST) being the cost for Council to supply and plant 1 x 25 litre/300mm (pot size at the time of planting) Cupaniopsis anacardiodes (Tuckeroo) on the Midway Drive verge, an equal distance between the existing power pole and eastern site boundary.

 

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

 

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

 

Tree Removals

61.     Approval is granted for removal of the following trees in order to accommodate the proposed works, subject to full implementation of the approved landscape plan:

 

a)   Those various shrubs, small trees and palms throughout the front yard being a Cupressocyparis leylandii (Leyland Cypress) in the northeast corner, and then to its west, an Archontophoenix cunninghamiana (Bangalow Palm), Howea fosteriana (Kentia Palm) and Strelitzia nicholii (Giant Bird of Paradise), and then against the eastern edge of the existing garage, another Kentia Palm;

 

b)   The Palm tree and other shrubs in the rear yard, around the southwest corner of the existing dwelling.

 

Pruning of neighbouring tree

62.     Permission is granted for the selective pruning of those six, lower growing, 3rd order laterals from the western aspect of the Harpephyllum caffrum (Kaffir Plum), which is located in the rear yard of the adjoining property to the east, 37 Midway Drive, only where necessary in order to either avoid damage to the tree, or, interference with the proposed works, and can only be performed upon commencement of site works.

 

63.     This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary; however, where such measures are desirable in the best interests of correct pruning procedures, and ultimately, the ongoing health of this tree, the applicant must negotiate with the neighbour/tree owner for access to perform this work.

 

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

 

Protection of neighbours tree

65.     In order to ensure retention of the large and visually significant Araucaria heterophylla (Norfolk Island Pine) growing beyond the southern site boundary, within the adjoining property at 60 Minneapolis Crescent in good health, the following measures are to be undertaken:

 

o   All documentation submitted for the Construction Certificate application must show the retention of this neighbouring tree, with the position and diameter of both its trunk and canopy to be clearly and accurately shown on all drawings.

 

o   Any excavations associated with the installation of new services, pipes, stormwater systems or similar in the rear yard, must be setback a minimum radius of 4 metres off the southern boundary, measured adjacent the centreline of its trunk.

 

o   This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located running parallel to the southern site boundary, at a setback of 3 metres, matching up with both the western and eastern boundaries in order to completely enclose the tree for the duration of works.

 

o   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".

 

o   Ground levels within the TPZ must not be altered by more than 200mm, with no other structures such as continuous strip footings, planters boxes or similar to be located in this area, and must remain as undisturbed, deep soil.

 

o   Within the TPZ, 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.

 

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

 

66.     In order to also ensure retention of the large Harpephyllum caffrum (Kaffir Plum) growing beyond the eastern site boundary, in the rear yard of the adjoining property at 37 Midway Drive in good health, the following measures are to be undertaken:

 

a.   All documentation submitted for the Construction Certificate application must show the retention of this neighbouring tree, with the position and diameter of both its trunk and canopy to be clearly and accurately shown on all drawings.

 

b.   The PCA must ensure that a construction method such as contiguous bored piers, sheet piling or similar, that will not require any further excavations, works or battering beyond the setbacks shown on sheet B01 will be used for the length of the eastern and southern walls of the car-space proposed for Townhouse 3.

 

c.   Any excavations associated with the installation of new services, pipes, stormwater systems or similar should not be located along this side setback, beneath the extent of its canopy/dripline, but if it is necessary, they must be installed as close as practically possible to the proposed building, with the PCA and all consultants needing to be aware of these requirements, and must design their systems accordingly.

 

d.   In order to physically protect this tree while still facilitating site access, 1.8 metre high steel mesh/chainwire fencing shall be installed a minimum distance of 1 metre to its west (measured off the common boundary adjacent the centreline of its trunk at ground level), extending a distance of 4 metres to its north and south, matching up with the eastern site boundary, in order to completely enclose this tree for the duration of works.

 

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

 

f.    Prior to installation of the TPZ fencing described above, woodchip mulch to a depth of 75mm shall be provided, extending out to the eastern edge of the proposed Ground Floor level, and must be maintained for the duration of works.

 

g.   Ground protection comprising strapped together rumble boards, plywood or similar, shall be provided on top of the mulched area described in point ‘f’ above, and must remain in place for the duration of works, until such time as the approved landscaping is being installed. Refer also point 4.5.3 & Figure 4 of AS 4970 – 2009: Protection of trees on development sites. 

 

h.   Within the TPZ, 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 planting in this side setback must be provided at grade, with ground levels within the TPZ not to be altered by more than 200mm, with no other structures such as continuous strip footings, planters boxes or similar to be located in this area, and is to remain as undisturbed, deep soil.

 

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

 

·           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.

 

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.

 

67.     A report or written correspondence must be obtained from a suitably qualified professional geotechnical engineer and be submitted to the certifying authority prior to the issuing of a construction certificate, confirming the suitability and stability of the site for the proposed building and certifying the suitably and adequacy of the proposed design and construction of the building for the site.

 

68.     A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of potential vibration emissions.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises.

 

Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is submitted to the certifying authority, prior to the issuing of a construction certificate, which demonstrates that damage should not occur to any adjoining premises and public place as a result of the works.

 

Any practices or recommendations specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises or land must be fully complied with and incorporated into the documentation for the construction certificate.

 

A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

 

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.

 

69.     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.

 

70.     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,  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.

 

71.     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.

 

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

 

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

 

73.     The installation of ground or rock anchors underneath any adjoining premises including (a public roadway or public place) must not be carried out without specific written consent of the owners of the affected adjoining premises and (where applicable) details of compliance must be provided to the certifying authority prior to the commencement of any excavation or building works.

 

74.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings and ancillary structures located upon all of the premises adjoining the subject site (eg. dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc.).

 

The report is to be supported with photographic evidence of the status and condition of the buildings and a copy of the report must also be forwarded to the Council and to the owners of each of the abovementioned premises, prior to the commencement of any works.

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

 

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

 

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

 

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

 

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

 

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

 

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

 

76.     Public health, safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be satisfied:

 

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

 

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

 

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

 

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

 

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

 

e)       A temporary timber, asphalt or concrete crossing is to be provided to the site entrance across the kerb and footway area, with splayed edges, to the satisfaction of Council, unless access is via an existing concrete crossover.

 

f)       Temporary toilet facilities are to be provided within the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and Council. The toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

g)       Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied, to the satisfaction of Council.

 

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

 

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

 

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

 

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

 

h)       If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

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

 

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

 

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

 

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

 

j)        The owner/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to Council.

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management details.

 

 

The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity to the satisfaction of Council.  A copy of the Construction Site Management Plan must be provided to the Council and Principal Certifying Authority.  A copy must also be maintained on site and be made available to Council officers upon request.

 

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

 

Details of the proposed sediment control measures are to be detailed in the Construction Site Management Plan and must be submitted to and approved by the principal certifying authority prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the approved details must be forwarded to the Council and a copy is to be maintained on-site and be made available to Council officers upon request.

 

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

 

The approved Construction Certificate plans must be submitted to a Sydney Water Quick Check agent or Customer Centre prior to commencing any building or excavation works, to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if any further requirements need to be met.  If applicable, the Construction Certificate plans and Structural Engineering details must be amended to satisfy the requirements of Sydney Water.

 

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

 

The principal certifying authority is required to ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before the commencement of any works.

 

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.

 

80.     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.

 

81.     A Registered Surveyor’s check survey certificate or compliance certificate is to be obtained at the following stage/s of construction, to demonstrate compliance with the approved setbacks, levels, layout and height of the building, to the satisfaction of the Principal Certifying Authority:

 

§   prior to construction of the first constructed floor/floor slab (prior to pouring of concrete),

§   prior to construction of each additional new floor level,

§   upon completion of the building, prior to issuing an occupation certificate,

§   as may be required by the Principal Certifying Authority.

 

The survey documentation must be forwarded to the Principal Certifying Authority and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority.  

 

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

 

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

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

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

 

83.     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.

 

84.     A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

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

 

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

·          Details of hazardous materials (including asbestos)

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

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works will commence

 

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

 

If the work involves asbestos products or materials, a copy of the Demolition Work Plan must be provided to Council.

 

Note:   it is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

 

85.     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.

 

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

 

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

 

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

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

 

2)     The condition referred to in subclause 1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers or the like

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

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

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

 

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

 

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.

 

88.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

 

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

 

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

 

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

 

90.     A Certificate prepared by a professional engineer shall be submitted to the certifying authority prior to an occupation certificate being issued, which certifies that the building works satisfy the relevant structural requirements of the Building Code of Australia and approved design documentation.

 

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

 

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

 

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

 

c)     Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996. Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

d)     A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council upon completion of the works prior to an Occupation Certificate being issued, which confirms that the asbestos material have been removed appropriately and the relevant requirements contained in the Asbestos Survey and conditions of consent in relation to the safe removal and disposal of asbestos, have been satisfied.

 

92.     Prior to issuing an interim or final Occupation Certificate, a single and complete Fire Safety Certificate, which encompasses all of the essential fire safety measures contained in the fire safety schedule must be obtained and be submitted to Council, in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000. A copy of the Fire Safety Certificate must be displayed in the building entrance/foyer and a copy of the Fire Safety Certificate must also be forwarded to the NSW Fire Brigades.

 

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

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

 

93.     Prior to the issuing of an Occupation Certificate the applicant must meet the full cost for Council or a Council approved contractor to:

 

o   Construct a new full width (heavy duty) concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

o   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.

 

94.     Prior to occupation of the development, a "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention/infiltration system is maintained and that no works which could affect the design function of the detention/infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

a)  The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.

 

b)  The works as executed drainage plan and hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

 

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

95.     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

96.     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

97.     Street and unit numbering must be provided to the front of the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council.

 

Waste Management

98.     Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council.

 

99.     The fence on the street alignment is to be a maximum height of 1.5m and be designed so that the upper two thirds of the fence (excluding any piers or posts) is at least 50% open, to maintain reasonable levels of amenity to the adjoining residential development and the streetscape.

 

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

 

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

 

102.    The finished ground levels external to the building are to be consistent with the development consent and are not to be raised (other than for the provision of paving or the like on the ground) without the written consent of Council.

 

Occupant Safety

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

 

Options may include one or more of the following measures:

 

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

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

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

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

v.    Other appropriate effective safety measures or barrier.

 

Environmental health & amenity

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

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

105.    Where the building is provided with plant and equipment (e.g. air-conditioners, mechanical ventilation/exhaust systems or refrigeration motors etc) a report must be obtained from a suitably qualified and experienced consultant in acoustics, prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW DECC/EPA Noise Control Manual & Industrial Noise Policy, Council’s conditions of consent (including any relevant approved acoustic report and recommendations), to the satisfaction of Council.  The assessment and report must include all relevant fixed and operational noise sources and a copy of the report must be provided to Council prior to/upon issuing an occupation certificate.

 

106.    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.

 

107.    Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council and the location, collection, storage and removal of wastes generated within the premises must not result in a public health nuisance or cause pollution.

 

Protection of the Environment Operations Act 1997 – Rainwater Tanks

108.    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

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

 

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

 

A11     A separate Local Approval application must be submitted to and be approved by Council's Health, Building & Regulatory Services department prior to commencing any of the following activities:-

 

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

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

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

 

A12     The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act.  In this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

The applicant/owner is requested to give consideration to providing access and facilities for people with disabilities in accordance with Australian Standard 1428 Parts 1, 2, 3 and 4 - Design for Access and Mobility, which may be necessary to satisfy the objectives of the Disability Discrimination Act 1992.

 

A13     The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

Attachment/s:

 

1.View

Planning Committee Report on 8 November 2011

 

 

 

 


Planning Committee Report on 8 November 2011

Attachment 1

 

 

 

Development Application Report No. D148/11

 

Subject:                  35 Midway Drive, Maroubra (DA/806/2010)

Folder No:                   DA/806/2010

Author:                   Wendy Wang, Environmental Planning Officer     

 

Proposal:                     Demolition of existing structures and construction of two storey multi-unit building containing 4 town houses with basement car parking for 7 vehicles, fencing and associated site works

Ward:                      Central Ward

Applicant:                Draftsmart Pty Ltd

Owner:                         Mr J Williams and Ms C M Taylor

Summary

Recommendation:     Approval

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 


1.    Executive Summary

 

The subject proposal is referred to the Planning Committee for determination at the request of Councillors Andrews, Matthews and Nash.

 

The proposal seeks consent to demolish the existing double storey dwelling house on the site and construct a two storey multi unit development comprising of 4 town houses (2 x 2 bedroom and 2 x 3 bedroom) and associated basement car parking for 7 vehicles accessed from Midway Drive.

 

The proposal has been notified and advertised in accordance with the in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. In response, two (2) submissions were received raising issues regarding noise, solar access, damage during construction, and overall compliance with relevant planning controls.

 

At the request of Council’s Development Engineers, the applicant submitted a Flood Study and Geotechnical Report, both received by Council on 13 December 2010. Additional information was requested and amended plans were again received on 20 July 2011 detailing the recommended changes (including modifications to driveway gradients etc. Council’s Development Engineer raised further issues relating to the clearance height from the driveway to the underside of the ground floor slab given the thickness of the slab.

 

Final amended plans were received 5 August 2011 raising the clearance height of the proposed planter box over the garage entry area. These plans were considered to be satisfactory for approval subject to conditions of consent. The amended application was not renotified or readvertised as the exterior of the building remained largely unchanged and continues to meet the relevant development standards with regard to height, floor space ratio, and landscaped area.

 

The site is located within Zone No. 2B (Residential B Zone) under RLEP 1998 (Consolidation). The proposal is consistent with the zoning objectives.

 

The proposal has an FSR of 0.7:1 and does not comply with Clause 20F(1) of the RLEP, which stipulates a maximum FSR of 0.65:1 for sites located in Residential 2B zones. Notwithstanding this, the proposal is considered to be suitable infill development which is compatible with the scale of neighbouring buildings.

 

Clause 20E(2) of the RLEP requires 50% of the site to be dedicated as landscaped area, which equates to 272.95m2. Clause 20E(3) provides that not more than 50% of the required landscaped area provision (that is, 136.47m2) is to be accommodated over podiums or excavated basements. The proposal will reserve 51% of the site as landscaped area (280m2) and a total of 23.2% of the total landscaped area (63.39m2) is provided over podium or basement. The proposal therefore complies with the requirements of Clause 20E.

 

The proposed complies with Clause 20G(2) and 20G(4) of the LEP for maximum building height and maximum external wall height. The LEP stipulates a maximum building height of 9.5m and a maximum external wall height of 7m for building located within Residential 2B zones. The proposal has a maximum building height of 9.4m and a maximum external wall height of 6.6m. 

 

The applicant has submitted an objection under SEPP No. 1 – Development Standards justifying that the above breach will not result in significant adverse amenity or visual impacts on the area. The objection has been assessed and is considered to be well founded.

 

The proportions, massing, colours, materials and finishes proposed are considered to be satisfactory and will not compromise the character of the existing streetscape. The proposal is considered to satisfy the performance requirements of the DCP – Multi Unit Housing.

 

The proposal also complies with the numerical car parking requirement of the DCP – Parking.

 

It has been demonstrated in this report that the relevant objectives and performance requirements of the DCP have been achieved in that the proposed development will not result in any unreasonable adverse impacts on the amenity of the adjoining dwellings and the character of the locality.

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended and the relevant legislation, State policies and Local planning controls. Accordingly, the application is recommended for approval subject to conditions.

 

2.    The Proposal

 

The proposal seeks consent to demolish the existing double storey dwelling house on the site and construct a two storey multi unit development comprising of 4 town houses (2 x 2 bedroom and 2 x 3 bedroom) and associated basement car parking for 7 vehicles accessed from Midway Drive. Each dwelling will be provided with storage areas, utility service rooms, and a common bin area. The proposed development incorporates the following elements: -

 

Basement level

·      Townhouse 1 and 2 to have a two car spaces each (tandem).

·      Townhouse 3 and 4 to have a single car space each.

·      1 visitor car space.

·      6 small storage rooms.

·      Garbage room.

·      Electrical services room.

 

Ground floor

·      Each townhouse is to have a kitchen, living/dining area, toilet and laundry.

·      Townhouses 1 and 2 are to have north facing courtyards.

·      Townhouses 3 and 4 are to have west facing courtyards.

 

First floor

·      Townhouse 1 and 2 are to have 3 bedrooms each, and 2 bathrooms.

·      Townhouse 3 and 4 are to have 2 bedrooms and 2 bathrooms.

 

Building Exterior

·      Cement render with aluminium window and door frames

·      Opaque glass balustrades at the street frontage

·      Front boundary fence to the Midway Drive alignment with rendered masonry base and piers, timber panel infill to a height of 1500mm and pedestrian entry gate.

 

3.    The Subject Site and Surrounding Area

 

The subject site is known as Lot 408 DP 36813 and is located on the southern side of Midway Drive and comprises an area of 545.9m2. The dimension and land area of the site are summarised in the table below:


 


Boundary

Length

Land area

Northern, Midway Drive boundary

24.39m

 

Eastern, side boundary

33.53m

 

Western, side boundary

43.35m

 

Southern, rear boundary

6.1m

 

 

 

545.9m²

 

The site is relatively level with a slight westerly slope.

 

The site is presently occupied by an existing double storey dwelling with detached garage, garden shed and is absent of any significant vegetating.

 

Midway Drive is located between Anzac Parade and Maroubra Beach, connecting to Minneapolis Crescent to the east and Chester Avenue to the west. Midway Drive forms part of the Coral Sea Estate, bounded by Fitzgerald Road, Anzac Parade, Malabar Road and Beauchamp Road.

 

The proposed development is located between a detached dual occupancy at No. 33 A and 33B Midway Drive, units at No. 37 midway Drive, and multi unit development at No. 60 Minneapolis Crescent, which extend down length of the site. Directly opposite the subject site is No. 38 and 38B, a multi unit housing complex and to the north west is Coral Sea Park.

 

The surrounding area is residential in character and consists of a mixture of detached residential dwellings and medium scale multi unit development. The site is contained within the Coral Sea Park Estate, an area of significance dedicated for the development of medium density housing.

 

Photographs of the site and surrounds

1. The existing building

2. Adjoining double storey dual occupancy to the north at No. 33-33A Midway Drive 

DSC04743


 

3. Adjoining 3 storey residential flat building containing 8 units to the east at No. 37 Midway Drive.

4. Development to the north of the subject site across Midway Drive at No. 38 and 38 Midway Drive.

DSC04741

 

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

 

The proposal seeks to vary a development standard contained within RLEP 1998 (Consolidation). A SEPP 1 Objection has been submitted with the development application. In assessing the applicant’s SEPP 1 Objection, the following matters are addressed:

 

(i)       Floor space ratio

Pursuant to Clause 20F(1) of RLEP 1998 (Consolidation), the maximum floor space ratio for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2B is 0.65:1 (354.8sqm in this instance).

The proposal has a floor space ratio of 0.7:1 (GFA of 385.8sqm) and does not comply with the requirement of Clause 20F(2) of the Randwick LEP 1998.

 

4.1    Development standards

The proposal seeks variation to the following control contained in RLEP 1998 (Consolidation):

 

·      Clause 20F(1) 0.65:1 maximum floor space ratio

 

The above provisions are numerical development standards contained in the statutory plan.

 

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

 

4.2    The purpose of the standards

The stated purpose of the standard as outlined in the LEP are: 

 

Maximum FSR:

·      To establish reasonable upper limits for development in residential, business, industrial and special uses zones through a limit on the amount of floor space that can be provided. This will help to reduce the potential for adverse impact on nearby and adjoining development while still providing for reasonable levels of development and redevelopment

4.2      Consistency of the development with the aims of SEPP 1, the local planning objectives for the locality and objects of the Environmental Planning and Assessment Act 1979, as amended

 

Matter 1

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

 

The applicant has submitted written SEPP 1 Objections, which outline the following key justifications for the variations to the standard:

 

Floor space ratio

·      The new development has been designed to present an appropriate height, bulk and scale to the public that is consistent with the objectives and outcomes expected for medium density development in the 2B Zone and which is consistent with the established character and built forms existing in the locality.

 

·      The additional gross floor area is attributable to the inclusion of storage areas in the basement which do not of themselves contribute to the height, bulk or scale of the building as they are below ground level.

 

Floor Space Ratio (Excluding basement storage): 0.65:1 (Complies)

Floor Space Ratio (Including basement storage): 0.7:1

 

The difference in gross floor area is 31m2 and the overall variance is 8.75% which is considered minor and within the scope of reasonable discretion.

 

·      The main focus of the FSR control as stated in its purpose is to help reduce the potential for adverse impact on nearby and adjoining development. In this regard, we note that the development otherwise has acceptable external impacts in relation to the amenity of neighbouring properties. It should be noted that the FSR would otherwise comply and the additional area is in the basement.

 

·      Issues such as overlooking and privacy, shadowing and solar access, landscaping and aesthetic appearance have been addressed and are assessed as being satisfactory.

 

·      It is considered that strict compliance with the development standard would prevent the development of the site in the manner proposed and is unwarranted in this instance.

 

·      Given the surrounding context of higher urban densities and the fact that the additional gross floor area is indistinguishable by observation, it is considered both unreasonable and unnecessary that strict compliance with the development standard be required.

 

Assessment Officer Comments: It is considered that the proposal is satisfactory and compliance with the purpose of the development standard is unreasonable and unnecessary based on the following reasons:

 

·      The proposed development has an overall FSR of 0.7:1; however, the portion of the development in breach of the RLEP standard for maximum floor space ratio is located entirely at the basement level and does not contribute to any additional bulk and scale when viewed from the exterior of the dwelling.

          FSR with basement storage/service area = 0.7:1

FSR excluding basement storage area = 0.65:1

·      Consistent with the objective of the FSR standard, the development minimises impacts to neighbouring properties despite the non-compliance of the proposal with the density standard of 0.65:1.

·      An accepted measure of the impacts on amenity is the degree of compliance a proposal achieves with Council’s amenity standards for overshadowing, visual privacy, views etc. As discussed in this report and the applicant’s SEPP 1 objection the FSR non-compliance will not result in unreasonable overshadowing, view loss or privacy impacts. The design of the alterations and additions is effective in minimising its visual bulk.

·      The continued use of the site for multi-unit housing purposes is consistent with the objectives of the 2(B) zoning of the site. The proposal has a density which is consistent with that of the nearby properties and as envisaged by the surrounding 2(B) zone.

·      Surrounding buildings are of a similar bulk and scale to the proposal and the development is consistent with surrounding built forms and will not result in excessive building bulk on the street.

·      The building is reasonably modulated such that the overall building mass is broken down and combined with the orientation of the site, will continue to ensure reasonable solar access is maintained to adjoining development.

·      It would be unreasonable to enforce compliance with the FSR standard contained within the RLEP when the proposed development on the site achieves the underlying and stated purpose of the standard and meets Council’s controls with regard to streetscape, residential amenity, and height. It is considered that SEPP 1 objection is well founded and should be supported.

·      The development will not be visually intrusive or form a dominant element in the streetscape.

 

(a) Conclusion

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

 

Matter 2

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

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

 

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

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

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

 

The proposal is also consistent with the relevant objectives of Residential 2B Zone in that it will allow for suitable development which is both commensurate with the surrounding bulk and scale of buildings, as well as the desired character of the locality.

 

Matter 3

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

 

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

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

 

·      Comments:

The proposed development and variations from the development standards do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standards will not allow the best economic use of the site and the delivery of a suitable proposal to improve the existing residential development in an established neighbourhood. There is no public benefit in maintaining the controls in this instance.

 

Ways of establishing that compliance is unreasonable or unnecessary

 

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standards in question is unreasonable and unnecessary as the design scheme will achieve the underlying purposes of the standards.

 

Second

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

 

Comments:

The underlying objective or purpose of the standards is relevant to the subject development. As discussed above, the proposal is considered to satisfy the underlying purposes of the FSR standard.  

 

Third

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

 

Comments:

The underlying objective of the standard would not be defeated or thwarted as full numerical compliance in this particular instance is unreasonable. The proposed FSR provision will not result in detrimental streetscape or amenity impacts on the locality. The resultant built form and scale is compatible with the surrounding residential premises and represents a suitable development for the zone.

 

Fourth

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

 

Comments:

The FSR development standard has not been abandoned or discarded by any decision or actions of Council.

 

Each development application received by Council is assessed with regard to its merits. There has been no precedent established by Council’s assessment decisions, which in effect would abandon the development standards prescribed in the LEP.

Fifth

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

 

Comments:

The existing Residential 2B Zoning is not considered to be inappropriate for the locality. The RLEP (Consolidation), effective from 15 January 2010, has maintained the 2B zoning for the site.

 

5.    Site History

 

There is no relevant history for the subject site.

 

6.    Application History

 

The application was lodged on 20 September 2010. Accordingly, the plans accompanying the development application were referred to Council’s Building Health and Building officers and Development Engineers for comment.

 

Issues were raised by Council’s Development Engineers in relation to the following: 

 

Flooding Issues

The subject development site is located adjacent to a localised low point and may be subject to stormwater inundation during major storm events.

 

The applicant was required to submit a flood study (including plans and drainage calculations compiled by a suitably experienced and qualified Civil Engineer) which determines the 1 in 100 year flood level for the site.

 

The proposed internal driveway shall also be designed with a high point that is also 300mm above the 1 in 100 year storm event flood level. The internal driveway shall be designed with transition grades that comply with AS/NZS 2890.1:2004. Full driveway grades showing levels, dimensions and grades along the both edges of the driveway shall be included in any amended plans.

 

Groundwater Issues

The applicant is also required to submit a Geotechnical Report by a qualified Geotechnical Engineer detailing level of possible groundwater below the surface. The Geotechnical report shall include details which show bore holes being drilled to a depth of 2.00m below the proposed basement car park level.

 

Subsequently, the following documents were received by Council on 13 December 2010 in response to the matters raised by Council’s Development Engineers:

 

·      Flood Report dated 1 November 2010, prepared by GEC Consulting Pty Ltd.

·      Geotechnical Investigation Report dated 2 November 2010, prepared by GeoEnviro Consultancy Pty Ltd.    

 

Following detailed assessment of the aforementioned documents, Council’s Development Engineers raised additional issues in relation to the Flood and Geotechnical Reports.

 

The applicant advised that the Flood Study Report by GEC Consulting was based on data dated 13th April 2000 which stated the 1 in 100yr flood level to be at RL 14.32 AHD and the submitted DA plans show the proposed high point in the driveway at RL 14.42 AHD. Council's Drainage Engineer has made available more recent flooding information which now determines the 1 in 100yr flood level for the site at RL 14.5 AHD.

 

Taking into consideration the more recent flood level analysis Council's Drainage Engineer will require a high point in the driveway to be at RL 15.00 AHD which is 0.5m freeboard. Council's Drainage Engineer also requests that emergency exits and all other openings to the basement should be at a level with not less than 0.7m freeboard above the new 1 in 100yr flood level (i.e.    14.5m + 0.7m = 15.2m AHD and be at least 0.2m higher than the crest on the driveway.

 

The above requirements will significantly raise the height of the basement as the internal driveway must be constructed as follows:

 

A maximum grade of 1:6 from the back of the Council footpath to the high point of the driveway (RL 15.00 AHD) then a flat 2.00m transition (RL 15.00 AHD) before the next 2.0m transition a 1:8 for 2.0m (14.75 AHD) with a maximum grade of 1:4 thereafter before a final 1:8 transition over 2.0m before entering the flat garage basement level.

 

Further, it was determined that the submitted Geotechnical report GeoEnviro Consultancy P/L advised that groundwater was encountered in Borehole 2 at a depth of approximately 2.1m below a ground level of approx RL 14.22 AHD which equates to RL 12.12 AHD. As such, it was suggested that the proposed basement parking level be raised.

 

Amended plans were again received on 20 July 2011 detailing the recommended changes. However, Council’s Development Engineer raised further issues relating to the clearance height from the driveway to the underside of the ground floor slab given the thickness of the slab (planter box over the driveway/garage entrance).

 

Final amended plans were received 5 August 2011 raising the clearance height of the proposed planter box over the garage entry area. These plans were considered to be satisfactory for approval subject to conditions of consent. The amended application was not renotified or readvertised as the exterior of the building remained largely unchanged and continues to meet the relevant development standards with regard to height, floor space ratio, and landscaped area.

 

7.    Community Consultation

 

The proposal has been notified and advertised from 6 – 20 October 2010 in accordance with the in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. In response, two (2) submissions were received from the residents of 33A and 33B Midway Drive raising the following issues:

 

7.1      Objections

 

·      The extensive excavation to accommodate the proposed basement is within close proximity to adjoining properties has the potential to result in disturbance and damage during construction, as well as severely compromise the structural integrity of the adjoining buildings and their ancillary structures.

The proposal requires substantial excavation and retaining of the site to accommodate the basement parking area. Suitable conditions will be imposed to ensure that adjoining properties are adequately supported and no damage is caused to the adjoining properties as a result of works on the subject site.

The applicant has submitted a Geotechnical Investigation Report for the site (Prepared by GeoEnviro Consultancy Pty Ltd, dated 2 November 2010 and received by Council on 13 December 2010) indicating that the proposed earthworks will not have any detrimental effect on the soil stability and environmental quality of the subject site and locality, subject to appropriate retention of adjacent land and dilapidation reports. 

 

Standard conditions are also applied to ensure that construction work on the subject site will not result in adverse impacts to the health and amenity of residents in the surrounding dwellings. Works are subject to compliance with the Building Code of Australia and other policies with regard to construction noise, hours, waste management and minimising dust and debris.

 

·      The proposed density is inconsistent with that of the existing development along Midway Drive and is an overdevelopment of the site.

·      The proposal does not meet the requirements of the RLEP 1998 (Consolidation).

The proposal is permissible with the consent of Council on the subject site and generally complies with the standards, aims and objectives contained in the RLEP 1998 (Consolidation).

 

The proposal complies with the relevant assessment criteria and the objectives of the 2B zone and performance requirements of the DCP – Multi Unit Housing and will not result in any unreasonable adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

The design will be sympathetic to the character of existing residences in the Coral Sea Park Estate. The development will also be consistent with recent medium density residential developments in the locality.

 

Despite the non-compliance with the floor space ratio standard, the proposal does not result in any inconsistencies with the objectives of the Residential 2B Zone under Randwick Local Environmental Plan 1998 (Consolidation). Refer to Section 4 detailed assessment. The applicant has submitted an objection under SEPP No. 1 – Development Standards justifying that the breach will not result in significant adverse amenity or visual impacts on the area. An assessment of the SEPP No. 1 objection indicates that it has:

 

§  Articulated the underlying stated objectives of the standard clearly.

 

§  Demonstrated that there are no unacceptable adverse environmental impacts arising from the proposed development in terms of view loss, loss of privacy, overshadowing and general overbearing impacts.

 

§  Addressed the consistency of the proposed development with the underlying stated objectives of the standard, the local planning objectives for the locality, and objectives of the Act.

 

As such, the SEPP 1 is considered to be well founded and is supported.

 

·      The location of the driveway will result in increased noise disturbance

·      The proposed location of the driveway (to access the basement carpark) as well as location of living rooms at the ground floor will result in increased noise and disturbance to the adjoining dwelling.

The proposed basement garages should serve not only to separate noise from vehicular traffic from the objector, but will also enclose and contain any noise sources. Further, the level of vehicular traffic associated with development of this scale is relatively minor, with minimal average daily car movements and is not considered unreasonable in this location/zone.

 

The proximity of proposed living areas to those on adjacent properties would be fairly typical of low density development in both 2A and 2B zones. Noise impacts from this standard residential use are consistent with the zoning and not unreasonable.

 

·      The driveway is set back less than 1m from the property’s side boundary and does not meet the preferred solutions of the DCP.

·      The proposal will result in loss of privacy for the adjoining dwellings.

·      The proposal will result in loss of sunlight to No. 33A and 33B Midway Drive (to the west of the subject site).

·      The proposal does not comply with the DCP requirements for front and side setbacks

Refer to the detailed assessment in Section 9 of this report.

 

·      The plan does not clearly indicate the existing sewerage system and location of pipes etc.

Detailed drainage and hydraulic plans are not required for DA stage. Suitable conditions have been imposed to address drainage issues and a flood study has been submitted by the applicant. Further, the applicant is required to (by the relevant condition of consent) carry out all building, plumbing and drainage works in accordance with the requirements of the Sydney Water Corporation.

 

The approved Construction Certificate plans must be submitted to a Sydney Water Quick Check agent or Customer Centre prior to commencing any building or excavation works, to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if any further requirements need to be met. The principal certifying authority is required to ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before the commencement of any works.

 

 

 

 

8.    Technical Officers Comments

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

8.1    Development Engineers

The application was referred to Council’s Development Engineers for comment. No objections were raised subject to conditions with any approval. The following comments were made:

 

Development Engineers Comments

An amended application has been received for demolition of the existing structures and construction of a 4 townhouse development with basement parking.

 

This report is based on the following plans and documentation:

Architectural plans by Draftsmart P/L stamped by Council 05/08/2011

Geotech Report by GeoEnviro Consultancy P/L dated 2/11/2011

 

Tree & Landscape Comments

Those various shrubs, small trees and palms throughout the front yard of between 3-6 metres in height are not significant in anyway and could be removed where necessary in order to accommodate the proposed development as shown, including the Cupressocyparis leylandii (Leyland Cypress) in the northeast corner, and then to its west, an Archontophoenix cunninghamiana (Bangalow Palm), Howea fosteriana (Kentia Palm) and Strelitzia nicholii (Giant Bird of Paradise), and then against the eastern edge of the existing garage, another Kentia Palm. 

 

In order to offset both the visual and environmental impact arising from the removal of existing vegetation from the site, as well as the substantial increase in the size of the building at this property, conditions require that the submitted landscape plan be fully implemented as part of the works, as such a thorough treatment will assist with presentation of the development to the streetscape, as well as cater to the amenity needs of both neighbours and future occupants.

 

There is no significant vegetation within the rear yard of the site that would pose a constraint to the development in anyway, and despite not being shown on any of the plans, growing beyond the southern site boundary, within the adjoining property at 60 Minneapolis Crescent, there is a large, mature and visually significant Araucaria heterophylla (Norfolk Island Pine) of around 25m in height, which appears in excellent health and condition, is covered by the TPO, and whose northern aspect overhangs slightly into the subject site.

 

Whilst there are no works shown in close proximity to this tree that would pose a direct threat to its preservation, with the basement level setback 13m off the rear boundary and the ground and upper floors at 7m, both of which are well beyond the extent of its canopy, conditions protecting against secondary impacts such as excavations for hydraulic services or similar, and the stockpiling of materials over its root system still need to be imposed, and have been included in this report, with pruning not required given its distance from all major works.

 

Similarly, growing within the adjoining property to the east, 37 Midway Drive, approximately 700mm off the common boundary, and adjacent the southeast corner of the subject site, there is a large and mature Harpephyllum caffrum (Kaffir Plum) of around 12m x 12m which is also covered by the TPO, and due to being located on a neighbouring property, Council must ensure it is not adversely affected by this application.

 

While appearing in good health, it is only in fair condition, as the neighbours/tree owners have extensively pruned this tree away from the southwest corner of this adjoining unit block, which has effectively forced its canopy to lean to the west, into the subject site.

 

Excavations for the basement level (car-space for Townhouse no. 3) will encroach only slightly into the northwest quadrant of its root plate (incursion of only about 5%), and providing the measures described in this report are adhered to during the course of construction, would not be an amount that would pose a threat to its preservation, with relevant conditions provided.

 

However, the main threat identified for this tree relates to the amount pruning required for clearance reasons away from the eastern wall alignment of the development, as well as for the piling rig during construction of the basement level, and would require the removal of six 3rd order laterals and associated growth from its western aspect, for almost its full height, which may amount to about 20% of its total photosynthetic area, similar to what the neighbours/tree owners have already done themselves.

 

Kaffir Plums are recognised as one of the most hardy and resilient species of tree, and are usually considered undesirable in confined spaces such as residential backyards given their size at maturity and invasive and aggressive root systems, and for these reasons, is deemed an inappropriate selection in this case due to its close proximity to the unit block.

 

This same resilience described above makes it feasible to perform the required amount of pruning, and while this will affect its appearance and form, future re-growth will offset any impact in the short-medium term.

 

Flooding Comments

Council’s Drainage Assets Engineer provided the following information regarding possible flooding of the site:

Flood levels for 35 Midway Drive, Maroubra (Lot 408 DP36813) are as follows:

 

·      The level of the Probable Maximum Flood is 15.4m Australian Height Datum (AHD)

·      The level of the (1:100) 1% Annual Exceedance Probability (AEP) flood is 14.5m AHD

·      The level of the (1:20) 5% AEP flood is 14.3m AHD

 

Basement car parks should have the driveway level no less than the 1% AEP flood plus 0.5m freeboard (i.e. 14.5m + 0.5m = 15.0m AHD).  The emergency exits and all other openings to the basement should be at a level not less than the 1% AEP flood plus 0.7m freeboard (i.e. 14.5m + 0.7m = 15.2m AHD) and be at least 0.2m higher than the crest on the driveway. There needs to be suitable emergency exits, signage and evacuation systems to ensure the safe egress of persons from the basement during times of flood.

 

Flooding at the front of the property is deep and is borderline high hazard.  Emergency site access and evacuation should be at the eastern side of the site.

 

Amended plans have been submitted which show the internal driveway constructed with a high point of RL 15.00. The grades and transitions of the internal driveway are to Council’s satisfaction.

 

Drainage Comments

On site stormwater detention is required for this development.

 

The Planning Officer is advised that the submitted drainage plans should not be approved in conjunction with the DA, rather, the Development Engineer has included a number of conditions in this memo that relate to drainage design requirements. The applicant is required to submit detailed drainage plans to the certifying authority for approval prior to the issuing of a construction certificate.

 

Traffic Comments

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

 

Parking provision –   2 x 2 bedroom townhouse & 2 x 3 bedroom townhouse

                              2 x 1.2 spaces = 2.4 spaces & 2 x 1.5 spaces = 3.0 spaces

                              Total Residential Spaces = 5.4 spaces

 

                              Visitor Car Space = 4 x 0.25 = 1 space

                              Total Required 6.4 spaces

                              Total Provided 7 spaces

 

Service Authority Comments

At the Health, Building and Planning Committee meeting on 8 November 2005, it was resolved on the motion of Councillors Nash and Belelli that:

 

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

 

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

 

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

 

Given that the proposed works will be between $1 million and $2 million the applicant will be required to meet all costs associated with replacing the overhead wires with Aerial Bundled Cables in the vicinity of the development site.

 

RECOMMENDATION:

Should the application be approved the appropriate nominated conditions shall apply.

 

8.2    Manager Environmental Health and Building Services

The application was referred to the Manager Environmental Health and Building Services for comment.  No objections were raised subject to conditions with any approval. The following comments were made:

 

Building Services comments

 

The Proposal

The proposal provides for the demolition of the existing dwelling and construction of a new 2 storey Multi Unit Housing residential development, containing 4 sole occupancy units and a basement carpark.

BCA Building Classification

Class -      2      (Residential Units)

Class -      7a    (Carpark)

 

Background

The existing building on site is a post war brick cottage bounded by buildings of a similar nature.

 

Building Code of Australia (BCA):

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

 

Noise:

There is potential for the generation of noise from the proposed development due to the installation of plant and equipment, such as any mechanical exhaust system serving the basement car park. Conditions should be imposed on the consent to address potential noise emissions from the development.

 

Site Management:

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

 

Access for people with a disability:

Access and facilities for people with disabilities is not required under the Building Code of Australia, wherever practicable the entrance to a multi unit housing development should aim to facilitate some degree of accessibility to the building. In this regard the proposed design includes steps to the front entry doors due to site constraints.

 

RECOMMENDATION:

Should the application be approved the appropriate nominated conditions shall apply.

 

9.    Relevant Environmental Planning Instruments

 

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

 

9.1         Randwick Local Environmental Plan 1998 (Consolidation)

The proposal is consistent with the general aims of RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

 

Clause 11 – Zone No 2B (Residential 2B Zone)

  The objectives of Zone No 2B are:

 

(a)  to allow a variety of housing types within residential areas, and

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

(c)  to enable residential development in a variety of medium density housing forms where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development in the area, and

(d)  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, and

(e)  to enable a mix of housing types to encourage housing affordability.

 

Multi-unit/town house housing development is permissible in the zone. The proposal will provide additional residential accommodation for the area and the proposal will have a bulk and scale that is commensurate with the adjoining development in the area and will provide a greater mix of housing types.

 

As such, the proposal is considered to satisfy the relevant zone objectives.

 

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

 

Clause

Required

Proposed

Compliance

22 Services

Adequate facilities for supply of water, disposal of sewage and drainage are required to support a proposed development

 

The site has existing access to adequate utility services.

Complies.

20E Landscaped area

(2) Minimum 50% of the site area (272.95m2)

 

 

(3) Landscaped areas over podiums or excavated basement areas not to exceed 50% of landscaped area provision (136.47m2)

Proposed – 51% or 280m2

 

 

Proposed – 23.2% or 63.39m2 of total landscaped area provided over podium 

Complies.

 

 

 

Complies.

20F

Floor space ratio

0.65:1 for sites within residential 2B zones

Proposed – 0.7:1

Does not comply. SEPP 1 submitted.  

20G

Building height

(1) Overall height: 9.5m

 

(3) External wall height: 7m

Maximum height 9.4m

 

Maximum wall height 6.6m

 

Complies.

 

Complies.

40 Excavation and filling of land

Council to consider the likely impact on existing drainage patterns and soil stability in the locality, and the effects of the proposed works on the likely future use or redevelopment of the land

The proposal requires excavation to accommodate the basement parking for 7 vehicles. Suitable conditions are imposed to ensure works will not have any detrimental effect on the soil stability and environmental quality of the subject site and adjoining sites.  Accordingly, the proposal is acceptable in relation to the provisions of Clause 40.

 

Complies, subject to conditions

9.2    State Environmental Planning Policy - Affordable Rental Housing 2009

The building has yet to be constructed and as such SEPP Affordable Rental Housing 2009 is not applicable.

 

9.3    State Environmental Planning Policy No.55 - Remediation of Land

The site has not been identified as including any contaminated land or having sustained any previous uses which may have resulted in contamination.

 

9.4             State Environment Planning Policy (Building Sustainability Index: BASIX) 2004.

SEPP: BASIX requirements came into force for multi-unit housing where development applications were lodged on or after 1 July 2005. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

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

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

9.5             State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development

·                 Application of Policy-

·                  

·                 This Policy applies to development being:

(a)    The erection of a new residential flat building, and

(b)    The substantial redevelopment or the substantial refurbishment of an existing residential flat building, and

(c)    The conversion of an existing building to a residential flat building.

(d)    If particular development comprises development to which subclause (1) applies and other development, this Policy applies to the part of the development that is development to which subclause (1) applies and does not apply to the other part.

 

The guide stipulates that the SEPP is to be applied in accordance with the following paragraph:

The proposed basement parking level protrudes 1100mm above ground level and as such, the works do not fall under SEPP 65 and was not referred to the Design Review Panel.

 

 

 

10. Policy Controls

 

10.1      Development Control Plans

 

Development Control Plan – Multi-Unit Housing

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

·                 Site Planning

·                 P1 Development applications accompanied by Site Analysis Plan.

 

·                 The application was accompanied by a suitable site analysis plan reflecting the elements of the proposed development. 

 

·                 P2 Development sites have appropriate areas/dimensions to allow for satisfactory siting of buildings.

·                 S2 Sites are of regular shape with frontages of at least 20m.

·                 The site is of irregular shape with an existing frontage of 24.39m. The site tapers significantly to the rear (south) and has a rear boundary width of only 6.1m. Notwithstanding this, it is considered that the dimension and configuration of the site is suitable for the medium density housing purposes and will not compromise access to amenities for future occupants of adjacent properties. It is noted that the development meets height requirements stipulated in the RLEP 1998. The site allows for satisfactory siting of buildings.

·                  

·                 P3 Development on corner sites responds to both street frontages.

 

 

·                 The site is not located on a corner allotment. Not applicable.

 

·                 Height

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

 

·                 The proposed wall heights are consistent with surrounding developments and have been located and oriented in response to the shape and angle of the blocks and the street orientation. The proposal is consistent with surrounding development having two floors, a pitched roof, front door to the street and a contemporary appearance

·                 The proposed development is consistent with the overall building and external wall height

 

 

·                 controls and does not result in excessive bulk and scale when viewed from the street. The proposal has a height and scale which is compatible with the surrounding built environment and does not detract from the prevailing character of the locality. 

·                 The proposal does not result in any unreasonable adverse impacts on the adjoining residential properties in terms of privacy, view loss, or visual bulk and scale.

·                 P2 Variations in massing and height create visual interest, distribute the bulk of the building and minimise amenity impacts on the streetscape and adjoining properties.

 

·                 The townhouses are appropriately articulated with staggering wall alignments, a combination of materials, and visual interest through use of gables.

·                 Building Setbacks

·                 P1  Front boundary setbacks

·                 The front setback consistent with streetscape /adjoining dwelling.

 

·                 The proposed development provides for a minimum front boundary setback ranging 4.2m – 5.3m. This is generally consistent with the dominant building setback in the immediate area, however, strict compliance is difficult to achieve due to the curved frontage of the subject and adjoining sites. Satisfactory.

 

·                 P2  Side boundary setbacks

·                 Side setbacks to ensure:

 

§ Solar access maintained and overshadowing minimised.

 

§ Privacy between adjoining dwellings and open spaces.

 

§ Landscaping and private open space provided.

·                 S2  Zone 2B

 

 

·                 Minimum average setback 4 metres.

·                 No part closer than 2.5 metres.

 

·                 Maximum length of wall without articulation is 10 metres.

 

·                 The site is zoned residential 2B.

 

The proposed development will have a consistent side setback of 2.5m along the eastern boundary.

 

Minimum side setback to the western boundary varies between min 1.5m to max 7.1m towards the front of the property.

 

§ Streetscape amenity is maintained.

 

 

·                 Minimum length of any step is 3 metres.

 

 

·                 Maximum length of wall without articulation is approximately 24.5m along the first floor eastern elevation. Does not comply.

·                 All steps provided are a minimum of 3.5m.

·                 Complies.

 

·                 For detailed assessment of non-compliances, refer to discussion below this table.

 

 

·                 P3  Rear Boundary Setbacks

·                 Ensure that:

§ Solar access and overshadowing are minimised.

 

§ Privacy between neighbouring dwellings and their open spaces provided.

 

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

 

§ Building built across site.

·                 S3  Zone 2B

·                 Minimum average setback 6 metres.

·                 No part closer than 4.5 metres.

·                 Maximum length of wall without articulation 10 metres.

 

The proposed building has varied rear setbacks due to the irregular shape of the site. The closest part of the building to the rear of the site has been afforded with rear setbacks ranging from 9.4m - 10.2m.

 

The rear setback will form part of the private open space of Townhouse 4 and provide adequate separation from the adjoining site to the rear at No. 60 Minneapolis Crescent.

 

·                 Maximum length of wall without articulation is approximately 24.5m along the first floor eastern elevation. Does not comply.

·                 For detailed assessment of non-compliances, refer to discussion below this table.

·                 P4  General

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

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

·                 The proposed shading devices and design of the development will not result in significant shadow impacts on the adjoining properties.

 

·                 Density

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

 

·                 The proposed development is not inconsistent with the character of the locality and the proposed dwellings maintain even distribution of scale and form to ensure that adequate character/scale elements are afforded to the streetscape.

 

·                 Building bulk has been distributed to avoid unacceptable impacts upon adjacent properties.

·                  

·                 Fences

·                 P1  Fences to be/have:  

§ consistent with streetscape;

§ Entrances highlighted; and

§ Planting used to soften and provide privacy.

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

 

·                 The proposed front fence has a height of 1.6m – 1.6m and is of an open design in the upper section. This is consistent with the low scale/open nature of surrounding fencing forms and will not detract from the streetscape.

·                 Landscaping and Private Open Space

·                 P1  Landscaped Areas

·                 Areas are sufficient size allow recreational activities and substantial vegetation.

·                 S1 Minimum for landscaped area 2 metres.

·                 Complies.

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

 

·                 Not applicable. The proposal is townhouse development.

·                 P3  Private Open Space

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

 

·                 Complies.

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

 

·                 Private open space of townhouses 3 and 4 are located behind the building line and orientated toward the west at ground floor. Private open space for townhouses 1 and 2 are located within the front setback. Appropriate landscaping and fencing have been provided such that a reasonable level of privacy can be achieved to these areas and their location does not detract from the streetscape. Complies.

·                 P5  Townhouses

·                 Each dwelling is provided with an area of useable private open space or courtyard area, at ground or podium level.

·                 S5 Minimum area of 25m2 and a minimum dimension of 3 x 4 metres.

Each courtyard exceeds the minimum area of 25m2 .

 

Townhouse 1: 65m2

Townhouse 2: 32m2

Townhouse 3: 28m2

Townhouse 4: 107m2

 

·                 Each courtyard is has minimum dimensions of 3x4m and is generally level. Complies.

·                 P6  Flats and apartments

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

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

·                 Not applicable.

·                 Privacy

·                 P1  Visual Privacy

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

·                 S1 Offset, angle or screen windows with less than 10m separation. Sill level of 1.6 metres above floor level.

The proposal includes openings to the street, rear, eastern and western elevations.

 

The majority of large openings at the ground floor) are positioned toward the private open spaces of town houses.

This is acceptable in terms additional overlooking and loss of privacy for adjoining dwellings. The application also details the inclusion of 900mm wide planters along the western edges of the ground floor courtyards for townhouses 3 and 4. The proposed planter boxes, in conjunction with the proposed side boundary fencing, are sufficient in maintaining reasonable levels of privacy for the adjoining site at Nos. 33 and 33A.

 

 

No substantial openings/courtyards have been proposed at the eastern side of the subject site and will therefore maintain reasonable levels of privacy for No. 37 Midway Drive.

Only two small highlight windows at ground floor level have been proposed for the southern elevation. These windows will not result in any additional overlooking toward the properties to the rear.

No objections have been raised with relation to privacy from the adjoining dwellings as there are minimal opportunities for overlooking given the habitable rooms are located at the ground floor. Proposed windows at the ground floor of the dwelling are adequately offset from those windows of the

 

 

adjoining dwellings and will be adequately screened by existing dividing fences and landscaping features.

The proposal has modestly sized openings to the first floor that are acceptable and compatible for the surrounding residential area. A combination of ample sill heights and use of obscure glazing for east and west facing windows at the upper floors ensures reasonable levels of privacy is maintained for the adjoining properties. 

·                 P2 Private open space design and location ensure privacy.

 

·                 The private open space of each dwelling is located at the ground floor and is adequately screened or separated by proposed planter boxes and fencing. Satisfactory.

·                 Each is provided with direct access to private outdoor recreation areas. Complies.

·                 P3  Acoustic Privacy

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

 

·                 Satisfactory.

·                 P4 Building construction transmission of noise.

·                  

·                 S4  Wall / floor insulation & sound consistent with

·                 Building Code of Aust.

·                 A standard condition is recommended to require the proposed works to comply with the Building Code of Australia. Complies, subject to condition.

·                 View Sharing

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

 

·                 There are no significant views to and from the site and surrounding properties.

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

 

·                 Not applicable, see discussion above.

·                 P3 Buildings are aligned to maximise view corridors between buildings.

 

·                 Not applicable, see discussion above.

·                 Solar Access and Energy Efficiency

·                 P1  Solar Access to Neighbouring Properties

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

 

·                 The proposed design, orientation and siting of the building, as well as proposed landscaping elements will not unreasonably reduce solar access to the adjoining properties. Satisfactory.

·                  

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

 

·                 The proposal will not result in unreasonable overshadowing impacts on the solar panels on the rooftops of adjoining dwellings.

·                 P1.2 Living areas of neighbours’ dwellings receive 3 hours of sunlight over part of their surface throughout the year. If less currently available, the amount is not reduced.

 

By virtue of the orientation of the allotments. The proposal is not considered to have any adverse impacts upon the solar access of Nos. 33A and 33B Midway drive, directly to the west.

 

·                 All of the north facing windows to of the adjoining building to the rear will enjoy direct solar access for not less than 3 hours of the winter solstice.

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

 

·                 The principal private outdoor open space of the adjoining properties will receive a minimum 3 hours of sunlight over at least 50% of its area throughout the year.

·                  

Accompanying shadow diagrams indicate that whilst the buildings and rear yards of the adjoining properties at Nos. 33 and 33A Midway Drive (to the west) and 37 Midway Drive (to the east) will experience some overshadowing during winter, their rear yards will receive ample light (alternating) between the mornings and afternoons. 33 and 33A will be overshadowed in the mornings only, and is almost completely free of overshadowing in the afternoons from 12 – 3pm onwards.

 

Conversely, No. 37 will be overshadowed in the afternoons, and is free from overshadowing during winter mornings (from 9am – 12 noon). Complies.

·                 P4  Building Layout, Design and Construction

·                 Protect from prevailing strong winds and adverse weather.

·                  

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

·                  

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

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

·                 A BASIX certificate will be required as a condition of consent to ensure compliance with the commitments stipulated on the certificate through to the construction phase.

·                 P5 Buildings have roofs with pitch suitable for solar collectors.

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

 

·                 The proposed roof design scheme is considered to be satisfactory to support the installation of solar panels.

·                 Safety and Security

·                 P1 Design allows surveillance.

 

·                 Habitable rooms overlook street and front balcony areas and side courtyards allow enable passive and cross surveillance.

·                  

·                 P2 Approaches and entries are visible.

 

·                 Complies. Entries directly at street property boundary.

·                  

·                 P3 High walls and structures avoided.

 

·                 Satisfactory.

·                 P4 Resident car parking has security grilles or doors.

 

·                 The proposal is considered acceptable and appropriate conditions are included to ensure the car parking areas are to be kept clear of goods at all times and must not be used for storage purposes.

·                  

·                 P5 Visitor parking spaces clearly identifiable.

 

·                 Complies.

·                 P6 Adequate lighting for personal safety and security provided.

·                  

 

·                 Conditioned.

·                 P7 Adequate lighting is provided in common areas.

·                  

 

·                 Conditioned.

·                 P8 External lighting does create a nuisance.

·                  

 

·                 Conditioned.

·                 Parking

·                 Required On-site Parking

·                 1 bedroom dwelling

·                 1 space per  dwelling

·                 2 bedroom dwelling

·                 1.2 spaces per dwelling

·                 3 or more bedroom   

·                 1.5 spaces per dwelling

·                 Visitor parking is 1 space per 4 dwellings.

 

·                 The proposal will have 2 x 2 bedroom units and 2 x 3 bedroom units with each 2 bedroom townhouse allocated one carspace and each 3 bedroom townhouse allocated with 2 spaces (tandem) and one space dedicated as visitors parking/carwash bay. This allocation readily meets the carparking requirements of the DCP –Parking.

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

 

·                 The parking spaces are located at basement level and are well integrated into the design of the building. The proposed carspaces therefore do not dominate the façade in terms of bulk and scale.

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

 

·                 Not required as the development comprises of only 4 townhouses. 

·                 P3 Secure storage for bicycles is provided.

 

·                 Designated storage spaces have been allocated to each dwelling capable of storing bicycles. Complies

·                 Driveways and Manoeuvring Areas

·                 P1 Areas of driveways and manoeuvring are minimised.

 

The proposed driveway leading to the basement carpark has a width of 3.45m at the property boundary.

 

·                 The areas occupied by the access driveway are considered to be satisfactory and will not result in unacceptable visual impacts.

·                 P2 Vehicles enter/ leave in a forward direction.

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

·                 The application has demonstrated the entry and exit paths from the proposed car spaces as being acceptable. The proposed parking design has been assessed by Council’s Development Engineers and no objections were raised on traffic or safety grounds.

·                  

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

·                 S3 Long driveways provide passing bays.

·                 The proposed basement parking will not be visible from the street and landscaping/fencing has been provided to soften the appearance of access structures.

·                  

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

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

·                 The proposed driveway is 3.45m wide and located along the western side boundary of the site. Notwithstanding this deviation from the preferred solutions of the DCP,  given all parking is to be located within the basement, and the basement parking entry is adequately set back from the street, the visual impact of the driveway

·                  

 

 

·                 location is considered to be acceptable.

·                 Further, courtyards and landscaping elements have been provided within the front setback. The driveway and parking entry are not obtrusive in the overall scale of the streetscape and surrounding parking spaces.

·                  

·                 P5 Materials and finishes are consistent.

·                 S5 Large expanses of uncoloured concrete avoided.

·                 The proposal does not feature any large expanses of concrete adjacent to the street frontage. Satisfactory.

·                 P6 Driveway gradients safe.

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

·                 The proposal has been assessed by Council’s Development Engineers and no objections were raised on traffic or safety grounds. Satisfactory.

·                 Storage

·                 P1 Accessible and separate storage for each dwelling.

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

·                  

·                 Internal facilities provided to each dwelling and designated storage spaces have been allocated to each dwelling. Complies.

·                 Barrier-Free Access

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

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

·                 Conditioned to comply.

·                 P2  Dwelling requirements:

·                   0 – 14 dwellings    0

·                 15 – 29 dwellings    1

·                 30 – 44 dwellings    2

·                 45 – 60 dwellings    3 so on…

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

 

·                 Not required as the development comprises of only 4 townhouses. 

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

 

·                 Not required as the development comprises of only 4 townhouses. 

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

·                  

 

·                 Not required as the development comprises of only 4 townhouses. 

·                 Utilities/Site Facilities

·                 P1 Mailboxes provided in accordance with Australia Post.

 

·                 Conditioned.

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

 

·                 Conditioned.

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

 

·                 Conditioned.

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

 

·                 Conditioned.

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

 

·                 Conditioned.

·                 P6 Telephone lines provided in accordance with the service provider.

 

·                 Conditioned.

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

·                  

 

·                 Complies.

·                 Waste Minimisation and Management

·                 P1 Waste collection and separation facilities for each dwelling.

·                 S1 Each kitchen has a waste cupboard for separation of recycling materials, with adequate storage for one day’s waste.

·                 The proposal includes 4 townhouses. Storage units for the individual apartments are provided in the basement parking area and are adequately dimensioned. Satisfactory

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

 

·                 Complies.

·                 P3 The location and design of waste facilities does not visually detract from the development or the streetscape.

·                 S3 Waste facilities not to be located between the front building alignment and the road.

·                 The proposed waste facilities are located in the basement and will not be visible from the street. Complies.

·                 P3 Ancillary structures do not dominate and detract visually. 

·                  

 

·                 Satisfactory.

·                 Coral Sea Park Estate

·                 P1 Materials and finishes are consistent with the dominant theme in the Estate.

 

·                 The proposed colours and materials are neutral and are compatible with the existing dominant theme in the Estate.

·                 P2 Site area and dimensions are adequate to maintain existing themes of large rear gardens and open space between buildings.

·                 S2 Sites have minimum frontage of 20 metres for more than 2 dwellings.

·                 The subject site has a frontage of 24.39m to Midway Drive.

·                 The dimension and configuration of the site is suitable for the medium density housing purposes and will not compromise access to amenities for future occupants of adjacent properties.

·                 The site allows for satisfactory siting of buildings and does not impact the future development of the Coral Sea Park Estate.

·                  

·                 P3 Open spaces in front of buildings are not fenced, but if so to no greater than 1 metre.

 

The proposed front fence has a maximum height of 1.6m at the north eastern corner due to the topography of the site. The height of the fence is generally no greater than 1.5m. The fence is to be constructed of cement render masonry base and pillars, with horizontal timber slats. 

·                 The height and design of the proposed fence is considered to be visually consistent with established fencing in the area and meets the fencing requirements for the Coral Sea Estate. A standard condition is imposed to ensure that the fence is 50% transparent to maintain the visual amenity of the streetscape.

 

8.1.1     Setbacks

The Preferred Solutions of the DCP requires that the buildings maintain a minimum average setback of 4m from any side boundary and no part of the building is closer than 2.5m from any side boundary. As noted previously, the proposed development does not comply with the preferred solutions. However, it is considered that the proposed setbacks from the side boundaries are acceptable in that the proposal achieves the relevant performance requirements of the DCP in that solar access is maintained and overshadowing minimised to adjoining properties; privacy between the proposal and adjoining properties is maintained; adequate open spaces for landscaping; the building footprint across the site allows for reasonable separation to ensure improved light and ventilation to the adjacent dwellings.

The DCP – Multi Unit also stipulates that the maximum length of wall without articulation is 10 metres. As a result of the irregular shape of the subject allotment, the proposed building has been arranged such that the western elevation is staggered along the angles western boundary, and the eastern first floor elevation is a continuous wall spanning some 24m. Although this does not meet the numerical preferred solutions of the DCP, it is considered that the proposal is satisfactory in responding to the shape of the site. This deviation from the preferred solution does not give rise to unacceptable adverse impacts to the amenity of the adjoining properties or compromise the visual integrity of the streetscape.

 

As such, the relevant objectives and performance requirements are satisfied.

 

8.2    Development Control Plan – Parking

The DCP – Parking requires, amongst other things, car parking to be provided for multi-unit residential development at a rate of 1.2 spaces per 2 bedroom dwelling, 1.5 spaces per 3 bedroom dwelling and 1 visitor space per 4 dwelling units. Car parking provision is assessed in the table below: -

 

 

Rate

Required

Proposal

Business Premises

n/a

n/a

n/a 

Studio

n/a

n/a

 

 

 

 

7 spaces provided

1 Bedroom

n/a

n/a

2 Bedroom

1.2 per unit

2 units = 2.4 spaces

3 Bedroom

1.5 per unit

2 units = 3 spaces

Visitor

1 per 4 units

4 units = 1 space

Total car spaces

 

6.4 spaces

7 spaces

The proposal complies numerically with the parking rates specified in the DCP – Parking. The DCP also requires a minimum of 1 bicycle parking space to be provided on site. A suitable condition has been imposed to ensure a bicycle storage area is provided in the ground level basement plan. Council’s development Engineers have assessed the application and no objections have been raised on parking or traffic grounds.

 

8.3 Council Policies

8.3.1      Section 94A Contributions

In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, the following monetary levy must be paid to Council.

 

Category

Cost

Applicable

Levy

S94A Levy

Development Cost

More than $200,000

$1,259,297

1.0%

$12592.95

 

8.4 Council Policies

8.4.1     Rainwater Tanks Policy 2003

The proposal has been assessed against the policy and a condition of consent will be imposed as part of any consent which ensures adequate tank capacity has been provided for the site.

 

8.4.2      Council’s Asbestos Policy 2005

The subject application has not been accompanied by an asbestos survey identifying whether or not the existing building contains materials which contain building asbestos.

 

As such, in accordance with Council’s Asbestos Policy, a number of standard conditions of consent have been imposed accordingly to maintain appropriate levels of public health and safety.

 

9    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

 

 

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

Not applicable.

 

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

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

 

 

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

Not applicable.

 

 

 

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

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

 

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

 

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

 

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

The environmental impacts of the proposed development on the natural and built environment have been assessed within the body of this report.

 

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

 

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

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

 

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

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

 

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

The proposal is not considered to result in significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered satisfactory in public interest terms.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:                 Excellence in urban design and development.

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

 

Conclusion

 

The proposal complies with the relevant assessment criteria and the objectives of the 2B zone and performance requirements of the DCP – Multi Unit Housing and will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality

 

The SEPP No. 1 Objection lodged with respect to non-compliance with the floor space ratio standard is considered to be well founded. The proposal will not result in unreasonable impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view sharing, solar access and privacy.

 

The design will be sympathetic to the character of existing residences in the Coral Sea Park Estate. The development will also be consistent with recent medium density residential developments in the locality.

 

The proposal will not have a significant adverse impact on the amenity of the surrounding development in terms of visual bulk and scale, solar access and privacy.

 

The application is, therefore, recommended for approval subject to the following conditions of consent.

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 20F(1) of Randwick Local Environmental Plan 1998 (Consolidation), relating to maximum floor space ratio, on the grounds that the proposed development complies with the objectives of the clause, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/806/2010 for demolition of the existing structures and construction of two storey multi-unit building containing 4 town houses with basement car parking for 7 vehicles, fencing and associated site works at No. 35 Midway Drive, Maroubra, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Sheet C01, Revision C

Draftsmart Pty Ltd

9 June 2011

Sheet C02, Revision C

Sheet C03, Revision C

Sheet C04, Revision C

Sheet C05, Revision C

 

BASIX Certificate

No.

Dated

Multi Dwelling

328706M

8 September 2011

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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


 

Consent Requirements

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

 

External Colours, Materials & Finishes

3.       The colours, materials and finishes of the external surfaces to the building are to be implemented substantially in accordance with the unnumbered and undated photomontage received by Council on 20 September 2010 and be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

Section 94A Development Contributions

4.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,259,297, the following applicable monetary levy must be paid to Council: $12592.95

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposits

6.       The following security deposit requirements must be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to Council’s assets and infrastructure; and as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

·           $600.00     -      Damage / Civil Works Security Deposit

 

Security deposits 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.

 

7.       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.

 

8.       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.

 

9.       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.

 

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

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

 

a)   $3000.00   -      Damage / Civil Works Security Deposit

 

The damage/civil works security deposit may be provided by way of a cash or cheque with the Council and is refundable upon:

 

§  A satisfactory inspection by Council that no damage has occurred to the Council assets such as roadway, kerb, guttering, drainage pits footway, or verge; and

§  Completion of the civil works as conditioned in this development consent by Council.

 

The applicant is to advise Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

 

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

 

11.     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.

 

12.     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.

 

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

 

14.     The driveway opening at the Midway Drive frontage must be 3.50 metres wide and located at least 1.0 metres clear of the side property.

 

15.     The internal driveway must be a minimum 3.20m wide (clear width).

 

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

16.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level (concrete/paved/tiled level) at the property boundary shall be as follows:

 

Driveway Entrance - not exceed a grade of 1:6 above the Council footpath level at this location.

 

Pedestrian Entrances – not exceed a height of 50mm above the Council footpath level opposite the pedestrian gate entrances.

 

17.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate (a construction note is considered satisfactory).

 

18.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $1073.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

19.     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.

 

20.     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.

 

21.     Documentary evidence from the relevant public utility authorities confirming that their requirements have been satisfied, must be submitted to the certifying authority prior to a construction certificate being issued for the development.

 

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

 

The owner/builder must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council, prior to the issuing of a final occupation certificate for the development.

 

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

 

23.     Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant must liaise with Energy Australia prior to lodging the construction certificate to determine whether or not an electricity substation is required for the development.

 

24.     The applicant shall meet the full cost of the overhead power lines and telecommunication cables located in the vicinity of the development site to be Aerial Bundled. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.

 

25.     A Section 73 Compliance Certificate under the Sydney water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92.

 

Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

The Notice must be issued to the Principal Certifying Authority prior to the construction certificate being issued.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development.

 

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

 

 

26.     The floor level of all habitable area shall be at a minimum RL of 15.50 AHD.

 

27.     The internal driveway is to be constructed in accordance with the submitted grades, levels and height clearance as shown on the plans marked Job No:1004, Sheet No’s:CO1 & CO5 stamped by Received by Council 5/8/2011. Prior to the issuing of an occupation certificate a Registered Surveyor is to confirm the internal driveway has been constructed in accordance with the abovementioned plans.

 

28.     All windows, vents and other openings into the basement carpark including Fire Exit 1 & 2 but excluding the internal driveway must be at minimum RL 15.20 AHD. Plans submitted for the Construction Certificate must show compliance with this requirement.

 

29.     All structural walls on the ground floor level shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Development Manual (New South Wales Government, April 2005). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

It is noted that this requirement does not necessitate the development being flood proof/water tight up to the PMF event, rather the requirement is to ensure that the development will not be structurally damaged in manner that could endanger lives during the PMF event.

 

30.     Stormwater drainage plans have not been approved as part of this development consent. Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

a)       A detailed drainage design supported by a catchment area plan, at a scale of 1:100 or as considered acceptable to the Council or an accredited certifier, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run-off, 1987 edition.

 

b)       A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system. 

 

c)       Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The site must be graded to direct any surplus run-off (ie. above the 1 in 20 year storm) to the proposed drainage system.

 

d)       The separate catchment areas within the site, draining to each collection point or surface pit are to be classified into the following categories:

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

e)       Where buildings abut higher buildings and their roofs are "flashed in" to the higher wall, the area contributing must be taken as:  the projected roof area of the lower building, plus one half of the area of the vertical wall abutting, for the purpose of determining the discharge from the lower roof.

 

f)       Proposed finished surface levels and grades of car parks, internal driveways and access aisles which are to be related to Council's design alignment levels.

 

g)       The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.

 

31.     All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

32.     All site stormwater must be discharged (by gravity) to either:

 

a)   The kerb and gutter or drainage system at the front of the property; OR

b)   A suitably sized infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

 

33.     Should stormwater be discharged to Council’s street drainage system, on-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 5 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by Council.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

Should no formal overland escape route be provided for storms greater than the design storm, the on-site detention system shall be sized for the 1 in 100 year storm event.

 

For small areas up to 0.5 hectares, determination of the required cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum has to be a minimum of 2.0 metres below the base of the tank.

 

34.     Should stormwater be discharged to an infiltration system, the infiltration area shall be  sized for all storm events up to the 1 in 20 year storm event with provision for a formal overland flow path to Council’s Street drainage system.

 

Should no formal overland escape route be provided for storms greater than the design storm, the infiltration system shall be sized for the 1 in 100 year storm event.

 

 

35.     Any Infiltration systems/Absorption Trenches must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

36.     The detention area/infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.

 

37.     Any onsite detention/infiltration systems shall be located in areas accessible by residents of all units.

 

38.     The maximum depth of ponding in above ground detention areas (and/or infiltration systems with above ground storage) shall be as follows:

 

a)   300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

b)   600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10.

c)   200mm in landscaped areas where a childproof fence is provided around the outside of the detention area

 

Notes:

§ It is noted that above ground storage will not be permitted in basement carparks or in any area which may be used for storage of goods.

§ Mulch/bark must not be used in onsite detention areas

 

39.     Any above ground stormwater detention areas (and/or infiltration systems with above ground storage) must be suitably signposted where required, warning people of the maximum flood level.

 

40.     The floor level of all habitable and storage areas adjacent to the detention area (and/or infiltration systems with above ground storage) must be a minimum of 300mm above the maximum water level in the detention area for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

41.     A childproof and corrosion resistant fastening system shall be installed on access grates over pits/trenches where water is permitted to be temporarily stored.

 

42.     A `V' drain is to be constructed along the perimeter of the property, where required, to direct all stormwater to the detention/infiltration area.

 

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

 

The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

44.     A sediment/silt arrester pit must be provided:

 

·      within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system; and

·      prior to stormwater discharging into any absorption/infiltration system.

 

The sediment/silt arrester pit shall be constructed in accordance with the following requirements:

 

·      The base of the pit located a minimum 300mm under the invert level of the outlet pipe.

·      The pit constructed from cast in-situ concrete, precast concrete, double brick or equivalent.

·      A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

·      A galvanised heavy-duty screen located over the outlet pipe/s (Mascot GMS multipurpose filter screen or equivalent).

·      The grate being a galvanised heavy-duty grate that has a provision for a child proof fastening system.

·      A child proof and corrosion resistant fastening system provided for the access grate (e.g. spring loaded j-bolts or similar).

·      A sign adjacent to the pit stating:

“This sediment/silt arrester pit shall be regularly inspected and cleaned.”

 

Note: Sketch details of a standard sediment/silt arrester pit may be obtained from Council’s Drainage Engineer.

 

45.     One covered car washing bay shall be provided for this development.

 

a)       The car washing bay must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to an occupation certificate being issued for the proposed development.

b)       The car washing bay must be located outside any required/approved stormwater detention system.

c)       The car washing bay may be located within the visitor parking spaces provided they are signposted with ‘Exclusive Carwash Bay Use Sat 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’

d)       The car washing bay must be constructed with a minimum 20mm bund around the perimeter of the car washing bay (or equivalent)

e)       A water tap shall be located adjacent to the car washing bay.

 

46.     Prior to the issuing of an occupation certificate, the applicant shall submit to Council, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

 

·      The location of the detention basin with finished surface levels;

·      Finished site contours at 0.2 metre intervals;

·      Volume of storage available in the detention areas;

·      The location, diameter, gradient and material (i.e PVC, RC etc) of all stormwater pipes;

·      The orifice size(s) (if applicable);

·      Details of any infiltration/absorption systems; and

·      Details of any pumping systems installed (including wet well volumes).

 

47.     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 the conditions of development consent. 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.

 

48.     As the above site may be present within a fluctuating water table, the basement carpark and/or similar structures are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard, to the satisfaction of the certifying authority. A copy of the certification is to be forwarded to Council.

 

Notes:

a)  Any subsoil drainage (from planter boxes etc) is to be disposed of within the site and is not to be discharged to Council’s kerb & gutter and/or underground drainage system.

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

 

49.     Seepage water must not be collected and discharged from the site.

 

50.     A report must be submitted to and approved by the Certifying Authority or an accredited certifier, prior to issuing the Construction Certificate, detailing the proposed method of excavation and dewatering process.  This report is to be prepared by suitably qualified and experienced Geotechnical, Hydrological and Structural Engineers and is to include but not limited to:

 

·       The proposed method of shoring/piling and dewatering.

·       The zone of influence of any possible settlement.

·        The location of any proposed re-injection points in relation to the property boundaries (where re-injection equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·        Monitoring of fluctuations of the water table during dewatering/construction to be undertaken by consulting engineers to ensure that the conditions of consent and other relevant requirements are satisfied.

·        The location of all proposed monitoring equipment in relation to the property boundaries (where monitoring equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·        Details of any consultation and arrangements made with owners of any potentially affected nearby premises (ie in relation to access, monitoring and rectification of possible damage to other premises).

·        Details of groundwater quality and proposed disposal of any potentially contaminated groundwater in accordance with relevant requirements of the Department of Environment & Conservation, Council and the Protection of the Environment Operations Act 1997, in an environmentally sensitive manner.

·        The location of all pumping equipment in relation to the property boundaries.

·        The proposed method of noise attenuation for all pumping equipment, so as not to be more than 5dB (A) greater than the A – weighted L90 background sound pressure level between the hours of 7am to 10pm within any residential premises and not to be audible at all between the hours of 10pm and 7am within any residential dwelling.

·        Confirmation that the proposed methods of dewatering and excavation are appropriate and in accordance with ‘best practice’ principles and should not result in any unacceptable levels of settlement or damage of the adjoining or nearby buildings within the zone of influence.

 

The dewatering process must be monitored by the consulting Engineer/s to the satisfaction of the principal certifying authority and documentary evidence of compliance with the relevant conditions of consent and dewatering requirements must be provided to the principal certifying authority and the Council.

 

The site conditions and fluctuations in the water table are to be reviewed by the consulting Engineer prior to and during the excavation/construction process, to ensure the suitability of the excavation and dewatering process and compliance with Council's conditions of consent.

 

Note: The above condition will not be enforced should the applicant be able to supply updated satisfactory information which demonstrates the water table is located a minimum 2.50m below the basement garage slab.

 

51.     If any temporary dewatering of the site is required to facilitate construction of any part of the basement car park and/or detention tank a licence under Part V of the Water Act 1912 will be required. The licence must be obtained from the NSW Department of Water and Energy prior to installation of the works. A copy of the license agreement must be forwarded to Council prior to any dewatering being undertaken.

 

52.     A separate written approval from Council is required to be obtained in relation to any proposed discharge of groundwater into Council’s drainage system external to the site, in accordance with the requirements of Section 138 of the Roads Act 1993.

 

The following conditions are applied to provide adequate provisions for waste management:

53.     The garbage room areas will have to be designed so as to be able to contain a total of 8 x 240 litre bins (4 garbage bins & 4 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

54.     The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

55.     The waste storage areas shall be clearly signposted.

 

56.     Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste Services, a Waste Management Plan detailing waste and recycling storage and disposal for the development site.

 

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste.

 

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

57.     Landscaping at this site shall be installed substantially in accordance with the Landscape Plan by Greenplan, job no. 10.713, issue A, dated 18/08/10, but prior to the commencement of site works, the following additional requirements are to be shown an amended plan, which must be submitted to, and be approved by, the PCA:

 

·           Additional notations showing soil and mulch details, irrigation details, edging, paving, fencing details, surface finishes, retaining wall details, and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

·           All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm.

 

·           In order to reduce the amount of storm-water generated by the site, as well as to recharge groundwater supplies, porous/permeable paving shall be used in all hard surfacing not over slab.

 

·           To ensure satisfactory maintenance of the landscaped areas, an automatic drip irrigation system shall be installed throughout all planted areas. Details shall be provided showing that the system will be connected to the sites rainwater tanks, with back-up connection to the mains supply, in accordance with all current Sydney Water requirements.

 

·           All detention tanks and below ground stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping.

 

58.     The PCA must ensure that the landscaping has been installed in accordance with the approved plan and relevant conditions of consent, prior to the issue of a Final Occupation Certificate, with the owner/s to maintain it in a healthy and vigorous state until maturity.

 

Street Tree

59.     The applicant shall submit a total payment of $107.25 (including GST) being the cost for Council to supply and plant 1 x 25 litre/300mm (pot size at the time of planting) Cupaniopsis anacardiodes (Tuckeroo) on the Midway Drive verge, an equal distance between the existing power pole and eastern site boundary.

 

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

 

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

 

Tree Removals

60.     Approval is granted for removal of the following trees in order to accommodate the proposed works, subject to full implementation of the approved landscape plan:

 

a)   Those various shrubs, small trees and palms throughout the front yard being a Cupressocyparis leylandii (Leyland Cypress) in the northeast corner, and then to its west, an Archontophoenix cunninghamiana (Bangalow Palm), Howea fosteriana (Kentia Palm) and Strelitzia nicholii (Giant Bird of Paradise), and then against the eastern edge of the existing garage, another Kentia Palm;

 

b)   The Palm tree and other shrubs in the rear yard, around the southwest corner of the existing dwelling.

 

Pruning of neighbouring tree

61.     Permission is granted for the selective pruning of those six, lower growing, 3rd order laterals from the western aspect of the Harpephyllum caffrum (Kaffir Plum), which is located in the rear yard of the adjoining property to the east, 37 Midway Drive, only where necessary in order to either avoid damage to the tree, or, interference with the proposed works, and can only be performed upon commencement of site works.

 

62.     This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary; however, where such measures are desirable in the best interests of correct pruning procedures, and ultimately, the ongoing health of this tree, the applicant must negotiate with the neighbour/tree owner for access to perform this work.

 

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

 

Protection of neighbours tree

64.     In order to ensure retention of the large and visually significant Araucaria heterophylla (Norfolk Island Pine) growing beyond the southern site boundary, within the adjoining property at 60 Minneapolis Crescent in good health, the following measures are to be undertaken:

 

o   All documentation submitted for the Construction Certificate application must show the retention of this neighbouring tree, with the position and diameter of both its trunk and canopy to be clearly and accurately shown on all drawings.

 

o   Any excavations associated with the installation of new services, pipes, stormwater systems or similar in the rear yard, must be setback a minimum radius of 4 metres off the southern boundary, measured adjacent the centreline of its trunk.

 

o   This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located running parallel to the southern site boundary, at a setback of 3 metres, matching up with both the western and eastern boundaries in order to completely enclose the tree for the duration of works.

 

o   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".

 

o   Ground levels within the TPZ must not be altered by more than 200mm, with no other structures such as continuous strip footings, planters boxes or similar to be located in this area, and must remain as undisturbed, deep soil.

 

o   Within the TPZ, 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.

 

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

 

65.     In order to also ensure retention of the large Harpephyllum caffrum (Kaffir Plum) growing beyond the eastern site boundary, in the rear yard of the adjoining property at 37 Midway Drive in good health, the following measures are to be undertaken:

 

a.   All documentation submitted for the Construction Certificate application must show the retention of this neighbouring tree, with the position and diameter of both its trunk and canopy to be clearly and accurately shown on all drawings.

 

b.   The PCA must ensure that a construction method such as contiguous bored piers, sheet piling or similar, that will not require any further excavations, works or battering beyond the setbacks shown on sheet B01 will be used for the length of the eastern and southern walls of the car-space proposed for Townhouse 3.

 

c.   Any excavations associated with the installation of new services, pipes, stormwater systems or similar should not be located along this side setback, beneath the extent of its canopy/dripline, but if it is necessary, they must be installed as close as practically possible to the proposed building, with the PCA and all consultants needing to be aware of these requirements, and must design their systems accordingly.

 

d.   In order to physically protect this tree while still facilitating site access, 1.8 metre high steel mesh/chainwire fencing shall be installed a minimum distance of 1 metre to its west (measured off the common boundary adjacent the centreline of its trunk at ground level), extending a distance of 4 metres to its north and south, matching up with the eastern site boundary, in order to completely enclose this tree for the duration of works.

 

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

 

f.    Prior to installation of the TPZ fencing described above, woodchip mulch to a depth of 75mm shall be provided, extending out to the eastern edge of the proposed Ground Floor level, and must be maintained for the duration of works.

 

g.   Ground protection comprising strapped together rumble boards, plywood or similar, shall be provided on top of the mulched area described in point ‘f’ above, and must remain in place for the duration of works, until such time as the approved landscaping is being installed. Refer also point 4.5.3 & Figure 4 of AS 4970 – 2009: Protection of trees on development sites. 

 

h.   Within the TPZ, 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 planting in this side setback must be provided at grade, with ground levels within the TPZ not to be altered by more than 200mm, with no other structures such as continuous strip footings, planters boxes or similar to be located in this area, and is to remain as undisturbed, deep soil.

 

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

 

·           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.

 

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.

 

66.     A report or written correspondence must be obtained from a suitably qualified professional geotechnical engineer and be submitted to the certifying authority prior to the issuing of a construction certificate, confirming the suitability and stability of the site for the proposed building and certifying the suitably and adequacy of the proposed design and construction of the building for the site.

 

67.     A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of potential vibration emissions.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises.

 

Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is submitted to the certifying authority, prior to the issuing of a construction certificate, which demonstrates that damage should not occur to any adjoining premises and public place as a result of the works.

 

Any practices or recommendations specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises or land must be fully complied with and incorporated into the documentation for the construction certificate.

 

A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

 

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.

 

68.     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.

 

69.     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,  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.

 

70.     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.

 

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

 

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

 

72.     The installation of ground or rock anchors underneath any adjoining premises including (a public roadway or public place) must not be carried out without specific written consent of the owners of the affected adjoining premises and (where applicable) details of compliance must be provided to the certifying authority prior to the commencement of any excavation or building works.

 

73.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings and ancillary structures located upon all of the premises adjoining the subject site (eg. dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc.).

 

The report is to be supported with photographic evidence of the status and condition of the buildings and a copy of the report must also be forwarded to the Council and to the owners of each of the abovementioned premises, prior to the commencement of any works.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

75.     Public health, safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be satisfied:

 

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

 

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

 

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

 

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

 

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

 

e)       A temporary timber, asphalt or concrete crossing is to be provided to the site entrance across the kerb and footway area, with splayed edges, to the satisfaction of Council, unless access is via an existing concrete crossover.

 

f)       Temporary toilet facilities are to be provided within the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and Council. The toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

g)       Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied, to the satisfaction of Council.

 

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

 

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

 

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

 

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

 

h)       If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

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

 

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

 

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

 

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

 

j)        The owner/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to Council.

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management details.

 

The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity to the satisfaction of Council.  A copy of the Construction Site Management Plan must be provided to the Council and Principal Certifying Authority.  A copy must also be maintained on site and be made available to Council officers upon request.

 

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

 

Details of the proposed sediment control measures are to be detailed in the Construction Site Management Plan and must be submitted to and approved by the principal certifying authority prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the approved details must be forwarded to the Council and a copy is to be maintained on-site and be made available to Council officers upon request.

 

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

 

The approved Construction Certificate plans must be submitted to a Sydney Water Quick Check agent or Customer Centre prior to commencing any building or excavation works, to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if any further requirements need to be met.  If applicable, the Construction Certificate plans and Structural Engineering details must be amended to satisfy the requirements of Sydney Water.

 

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

 

The principal certifying authority is required to ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before the commencement of any works.

 

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.

 

79.     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.

 

80.     A Registered Surveyor’s check survey certificate or compliance certificate is to be obtained at the following stage/s of construction, to demonstrate compliance with the approved setbacks, levels, layout and height of the building, to the satisfaction of the Principal Certifying Authority:

 

§   prior to construction of the first constructed floor/floor slab (prior to pouring of concrete),

§   prior to construction of each additional new floor level,

§   upon completion of the building, prior to issuing an occupation certificate,

§   as may be required by the Principal Certifying Authority.

 

The survey documentation must be forwarded to the Principal Certifying Authority and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority.  

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

 

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

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

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

 

82.     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.

 

83.     A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

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

 

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

·          Details of hazardous materials (including asbestos)

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

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works will commence

 

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

 

If the work involves asbestos products or materials, a copy of the Demolition Work Plan must be provided to Council.

 

 

Note:   it is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

 

84.     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.

 

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

 

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

 

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

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

 

2)     The condition referred to in subclause 1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers or the like

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

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

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

 

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

 

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.

 

87.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

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

 

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

 

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

 

89.     A Certificate prepared by a professional engineer shall be submitted to the certifying authority prior to an occupation certificate being issued, which certifies that the building works satisfy the relevant structural requirements of the Building Code of Australia and approved design documentation.

 

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

 

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

 

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

 

c)     Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996. Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

d)     A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council upon completion of the works prior to an Occupation Certificate being issued, which confirms that the asbestos material have been removed appropriately and the relevant requirements contained in the Asbestos Survey and conditions of consent in relation to the safe removal and disposal of asbestos, have been satisfied.

 

91.     Prior to issuing an interim or final Occupation Certificate, a single and complete Fire Safety Certificate, which encompasses all of the essential fire safety measures contained in the fire safety schedule must be obtained and be submitted to Council, in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000. A copy of the Fire Safety Certificate must be displayed in the building entrance/foyer and a copy of the Fire Safety Certificate must also be forwarded to the NSW Fire Brigades.

 

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

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

 

92.     Prior to the issuing of an Occupation Certificate the applicant must meet the full cost for Council or a Council approved contractor to:

 

o   Construct a new full width (heavy duty) concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

o   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.

 

93.     Prior to occupation of the development, a "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention/infiltration system is maintained and that no works which could affect the design function of the detention/infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

a)  The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.

 

b)  The works as executed drainage plan and hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

 

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

94.     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

95.     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

96.     Street and unit numbering must be provided to the front of the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council.

 

Waste Management

97.     Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council.

 

98.     The fence on the street alignment is to be a maximum height of 1.5m and be designed so that the upper two thirds of the fence (excluding any piers or posts) is at least 50% open, to maintain reasonable levels of amenity to the adjoining residential development and the streetscape.

 

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

 

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

 

101.    The finished ground levels external to the building are to be consistent with the development consent and are not to be raised (other than for the provision of paving or the like on the ground) without the written consent of Council.

 

Occupant Safety

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

 

Options may include one or more of the following measures:

 

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

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

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

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

v.    Other appropriate effective safety measures or barrier.

 

Environmental health & amenity

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

 

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

104.    Where the building is provided with plant and equipment (e.g. air-conditioners, mechanical ventilation/exhaust systems or refrigeration motors etc) a report must be obtained from a suitably qualified and experienced consultant in acoustics, prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW DECC/EPA Noise Control Manual & Industrial Noise Policy, Council’s conditions of consent (including any relevant approved acoustic report and recommendations), to the satisfaction of Council.  The assessment and report must include all relevant fixed and operational noise sources and a copy of the report must be provided to Council prior to/upon issuing an occupation certificate.

 

105.    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.

 

106.    Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council and the location, collection, storage and removal of wastes generated within the premises must not result in a public health nuisance or cause pollution.

 

Protection of the Environment Operations Act 1997 – Rainwater Tanks

107.    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

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

 

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

 

A11     A separate Local Approval application must be submitted to and be approved by Council's Health, Building & Regulatory Services department prior to commencing any of the following activities:-

 

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

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

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

 

A12     The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act.  In this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

The applicant/owner is requested to give consideration to providing access and facilities for people with disabilities in accordance with Australian Standard 1428 Parts 1, 2, 3 and 4 - Design for Access and Mobility, which may be necessary to satisfy the objectives of the Disability Discrimination Act 1992.

 

A13     The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

Attachment/s:

 

Nil

 


Planning Committee                                                                                              13 March 2012

 

 

Development Application Report No. D17/12

 

 

Subject:                  17 Garnet Street, South Coogee (DA/534/2011)

Folder No:                   DA/534/2011

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Demolition of existing structures and construction of a part 2- and part 3-storey dwelling with detached garage fronting Garnet Street, landscaping and associated works

Ward:                      East Ward

Applicant:                A Downie & J Downie

Owner:                         A Downie & J Downie

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan


1.      Executive Summary

 

The application was notified from 19 July to 3 August 2011 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of sixteen (16) objection and one (1) support letters were received at the conclusion of the public consultation process.

 

The application was re-notified from 16 to 31 January 2012 following the receipt of revised drawings and additional information. A total of fifteen (15) submissions were received, of which thirteen (13) have previously lodged objections with Council.

 

The issues raised in the submissions are primarily related to view loss, building height, FSR, bulk and scale, exterior colours and finishes, rear and side setbacks, streetscape and visual impacts, overshadowing, privacy, glare, removal of significant street trees, planning precedent and property devaluation.

 

The site is located within Zone No. 2A (Residential A Zone) and the Foreshore Scenic Protection Area under RLEP 1998 (Consolidation). The proposal is consistent with the aims of the LEP and the specific zoning objectives, in that the development will deliver a detached dwelling, which is compatible with the desired character for the locality.

 

The proposal complies with the performance requirements contained in DCP – Dwelling Houses and Attached Dual Occupancies.

 

The design scheme adopts a highly contemporary architectural expression with modern finishes and materials. Full-height feature batten screens are proposed along the southern elevation of the development to enhance the façade articulation.

 

The proposed floor space is enclosed within a geometric structural form. The roof profile initially angles upwards to create an apex, and then gradually slopes down to become a levelled awning above the east-facing top floor balcony. The massing of the development would appear to be concentrated on the downhill side of the site and accentuate the visual bulk. In order to provide visual relief and reduce the mass of the building, it is recommended that approximately half of the batten screens on the northern and southern elevations of the top floor balcony be deleted via a condition of consent. When the coverage of the screens is reduced as recommended, the overall form and profile of the building would relate more appropriately to the site topography and achieve an acceptable scale.

 

It is considered that the overall bulk, height and scale of the proposal satisfy the relevant objectives and performance requirements of the DCP, subject to condition.

 

The proposed colour palette utilises a combination of darker hue to the metallic elements with light neutral finishes to the masonry works. The exterior colours and finishes scheme will reinforce the modern character of the building and are supported.

 

The proposal has implications on the existing ocean, scenic and iconic views obtained from a number of residential properties in the vicinity as well as the Cairo Street road reserve. Height poles have been installed on the site to demonstrate the potential impacts and detailed analysis has been undertaken. It is considered that the proposed development is acceptable and will not result in unreasonable view loss impacts. An adequate level of amenity will be retained for the surrounding residences and the public domain.

 

The proposal will not result in significant adverse impacts upon the amenity of the coastal foreshore and surrounding properties in terms of view loss, solar access and privacy, subject to the recommended conditions.

 

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

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 1 in DP 436143, No. 17 Garnet Street, South Coogee. The site is located on the northern side of the intersection between Garnet and Cairo Streets. The land slopes from the west to the east with a fall of approximately 9m. The land area and dimensions of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern, side boundary

40.23m

406.2m2

Southern, Cairo Street boundary

40.23m

Eastern, rear boundary

10.15m

Western, Garnet Street boundary

10.045m

 

At present, the site is occupied by a part one- and part two-storey dwelling with a detached garage fronting Garnet Street. There is a Canary Island Date Palm of approximately 8m in height immediately to the north of the existing driveway. A similarly sized palm tree of the same species previously occupied the southern side of the driveway. This tree has already been removed by Council due to its apparent death and potential danger to the community. The southern boundary of the site abuts a series of concrete steps within the Cairo Street reserve.

 

To the north of the site is a part 2- and part 3-storey detached dwelling. To the south on the opposite side of Cairo Street are a number of dwelling houses. The surrounding areas are predominantly characterised by lower density detached style residences. The locality is under transition where the older housing stock is being renovated or replaced by modern dwellings.

 

Existing garage on the Garnet Street frontage of the site

Existing dwelling as viewed from the downhill side of the concrete steps adjacent to the site

 

3.      The Proposal

 

The proposed development includes the following elements:

 

·    Demolition of the existing dwelling and garage.

·    Construction of a part 2- and part 3-storey dwelling with a detached double garage fronting Garnet Street.

·    Construction of vertical batten privacy screens on the southern elevation of the dwelling.

·    General landscaping.

 

Photograph of wooden model of the development: southern and eastern elevations as viewed from the downhill side of Cairo Street

 

Photograph of wooden model of the development: western and southern elevations as viewed from the intersection between Garnet and Cairo Streets

 

4.      Site History

 

The initial public consultation process was completed on 3 August 2011. Due to the potential impacts on scenic and iconic views currently enjoyed by the adjoining and nearby properties as well as the concerns raised in the submissions, Council requested the owners to install timber poles on the site to depict the form and height of the building by email dated 5 September 2011.

 

The height poles were installed in early October. The accuracy of the poles in terms of their locations and height levels has been checked by a registered surveyor from Byrne & Associates Pty. Ltd. A letter from the surveyor dated 5 October 2011 certifying the accuracy of the poles has been submitted to Council.

 

The properties likely to suffer from view loss impacts were inspected on 6, 7, 10 and 12 October 2011.

 

A meeting between the architects and the assessment officer was held on 14 October 2011 to discuss the issues of the proposal.

 

On the same day, a letter was sent to the applicant recommending a number of changes to the proposal in order to address the requirements of the applicable controls and relevant concerns raised in the submissions. They include:

 

·    Investigation of possible reduction to the overall height of the building to improve view sharing with the nearby properties.

·    Reduction or reconfiguration of screen walls to the first floor rear balcony, to minimise obstruction of views and to improve relationship with the site contours.

·    Increase in separation between the first floor rear balcony and the northern common boundary, to enhance privacy protection and view retention for No. 15 Garnet Street.

·    Reduction to the northern deck at the ground floor level to maintain suitable spatial separation from No. 15 Garnet Street.

·    Preparation of design and finishes details relating to the batten screen structures on the Cairo Street elevation of the development.

·    Adjustment to the garage location to protect the existing palm tree immediately to the north of the existing driveway.

·    Preparation of an appropriately rendered photomontage to demonstrate the form, finishes and colours of the dwelling and boundary screens.

 

The above letter requested amended drawings to be submitted by 28 October 2011.

 

A further meeting between the architects, the owner and Council’s assessment officer and coordinator was held on 25 October 2011.

 

An email was forwarded to the applicant on 2 November requesting the amended drawings to be submitted by 7 November, so that the application could be referred to the Council for determination within 2011. The information was not submitted by the due date.

 

Revised drawings and additional information were eventually submitted on 28 December 2011. The amended documentation incorporates the following:

 

·    The original solid walls on the northern and southern elevations of the first floor rear balcony have been replaced with batten screens.

 

In contrast to what is stated on the applicant’s letter dated 20 December 2011, the balcony does not include any additional splay or setback from the northern common boundary. 

 

The southern alignment of the balcony was originally setback 1100mm and parallel to the Cairo Street boundary. The amended design has extended the balcony to the southern boundary at its western end. The eastern end is splayed so that it is 1100mm from the Cairo Street boundary.

 

·    The northern deck at the ground floor level has been reduced in size.

 

·    Design details of the batten screens and revised colours and finishes schedule have been prepared.

 

·    Hand-drawn perspective sketches and photographs of a wood working model for the project have been submitted.

 

The amended plans form the subject of this assessment.

 

The assessment officer contacted the applicant on 12 December 2011 advising the availability of a mediation service run by Council. On 13 January 2012, the applicant advised Council to proceed with assessment.

 

5.      Community Consultation

 

The application was notified from 19 July to 3 August 2011 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received at the conclusion of the public consultation process:

 

Support:

·      11 Denning Street, South Coogee

 

Object:

·      1 Cairo Street, South Coogee

·      3 Cairo Street, South Coogee

·      5 Cairo Street, South Coogee

·      7 Cairo Street, South Coogee

·      9 Cairo Street, South Coogee

·      13 Cairo Street, South Coogee

·      11A Denning Street, South Coogee

·      15 Denning Street, South Coogee

·      3 Garnet Street, South Coogee

·      4 Garnet Street, South Coogee

·      9 Garnet Street, South Coogee

·      11 Garnet Street, South Coogee

·      15 Garnet Street, South Coogee

·      70 Melody Street, Coogee

·      Architect’s Ink on behalf of owner of No. 5 Cairo Street, South Coogee

·      Coogee Precinct Committee

 

Given the significant number of objections received during the initial public consultation process, the application was re-notified from 16 to 31 January 2012 following the receipt of revised drawings and additional information.

 

Object:

·      138 Beach Street, Coogee

·      1 Cairo Street, South Coogee

·      3 Cairo Street, South Coogee

·      5 Cairo Street, South Coogee

·      7 Cairo Street, South Coogee

·      13 Cairo Street, South Coogee

·      15 Denning Street, South Coogee

·      3 Garnet Street, South Coogee

·      4 Garnet Street, South Coogee

·      9 Garnet Street, South Coogee

·      11 Garnet Street, South Coogee

·      70 Melody Street, Coogee

·      Architect’s Ink on behalf of owner of No. 5 Cairo Street, South Coogee

·      A Square Planning on behalf of owner of No. 15 Garnet Street, South Coogee

·      Coogee Precinct Committee

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposed development will obstruct the scenic, ocean and iconic views currently enjoyed by the surrounding dwellings.

The proposed development will not result in unreasonable view loss impacts on the adjoining and nearby properties, subject to condition. Refer to the “DCP” section of this report for detailed comments.

The development will obstruct views of Wedding Cake Island from the public domain of Cairo Street.

The proposed development will not unreasonably obstruct existing view corridors in the public domain. Refer to the “DCP” section of this report for detailed comments.

The installation of privacy screens and awning to the rear balconies is inappropriate and will contribute to additional view loss.

 

The splaying of the top floor balcony as proposed in the revised drawings will not reduce view loss impacts on the surrounding properties.

A special condition is recommended to require reduction in the coverage of the privacy screens attached to the northern and southern elevations of the top floor living room balcony. The above requirement will improve sightlines from a number of adjoining and nearby properties. Refer to the “DCP” section of this report for details.

The proposed hedge planting will obstruct views from the surrounding properties.

The proposed landscape planting is not considered to result in significant view loss impacts on the adjoining and nearby properties. Refer to the “DCP” section of this report for details.

No view analysis has been included in the development application.

At Council’s request, the owners have installed height poles on the site to provide clear indication of the potential view loss impacts. The architect has also submitted photographs incorporating the outlines of the proposed building to facilitate Council’s assessment.

Height poles should be installed on the site to demonstrate the potential impacts on the views currently enjoyed by the surrounding residents.

Height poles have been installed on the site to provide clear indication of the potential view loss impacts.

The proposed building and external wall heights exceed Council’s planning controls.

The height, bulk and scale of the development are considered to satisfy the relevant performance requirements of the DCP – Dwelling Houses and Attached Dual Occupancies, subject to condition. Refer to the “DCP” section of this report for details.

The proposed FSR exceeds Council’s controls.

The proposed FSR is considered to be acceptable. Refer to the “DCP” section of this report for details.

The proposed development has an excessive bulk and scale. The dwelling has not been stepped to follow the topography of the site.

The built form, height and scale of the development are considered to be acceptable, subject to condition.

 

The proposal will not detract from the residential character of the locality nor result in detrimental visual impacts.

 

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

The proposal will become a prominent and incompatible feature in the foreshore areas.

 

The proposed design resembles a ‘prison’, ‘mausoleum’ and ‘fort’, and will result in significant visual impacts on the streetscape.

 

The proposal is not compatible with the character of the locality.  

The dimensions of the batten screens have not been indicated on the drawings.

Noted. A specific condition is recommended to ensure the batten screens achieve 50% openness, in order to minimise visual bulk and to allow sightlines from the proposed southern windows to Cairo Street.

The proposal, in particular the top floor level, has not incorporated adequate rear setback and is not consistent with the development pattern in the area.

The proposed setback from the eastern boundary is considered to meet the preferred solution of the DCP – Dwelling Houses and Attached Dual Occupancies. The development scheme is considered to be compatible with the local character and will not result in unreasonable amenity impacts. Refer to the “DCP” section of this report for details.

The proposed side setbacks do not comply with Council’s planning controls.

The proposed side setbacks are considered to be acceptable. Refer to the “DCP” section of this report for details.

The proposed exterior colour scheme is not compatible with the character of the street and the locality.

The proposed exterior colour scheme is considered to enhance the contemporary architectural character of the development and will achieve a satisfactory streetscape outcome. Refer to the “DCP” section of this report for details.

The revised materials and finishes schedule does not include sufficient details. There is no information relating to the reflectivity of the metallic finishes.

According to the revised materials schedule, the sheet metal roofing will be finished in dark grey colour, with the feature batten screens constructed with anodised aluminium in dark bronze or charcoal colour. The proposed colours are unlikely to cause excessive light reflection.

 

A specific condition is also recommended to ensure the roof and screen materials incorporate non-reflective finishes as a precautionary measure against adverse amenity impacts.

The metal deck roof and external batten screens will create significant glare that adversely affects the amenity of the surrounding residences.

The northern elevation of the dwelling contains large areas of fixed glazing. The application has not indicated the degree of reflectivity of the glazing materials.

A specific condition is recommended to restrict the reflectivity index of window glazing to 20%. The development is not considered to result in unacceptable glare to the adjoining and nearby properties, subject to the above condition.

The proposed development will overshadow the adjoining and surrounding properties and the Cairo Street road reserve.

 

The application has only included the mid winter shadow diagrams. It is not possible to ascertain the extent of overshadowing in other seasons.

The proposed development meets the solar access performance requirements of the DCP – Dwelling Houses and Attached Dual Occupancies.

 

The Cairo Street reserve is not a habitable space or public park as such and is not required to achieve the solar access requirements of the DCP.

 

The mid winter shadow diagrams demonstrate the worst case scenario for overshadowing, which is the most relevant and critical piece of information for assessment purposes.

The elevated deck on the northern elevation will reduce ambient light to the south-facing windows of No. 15 Garnet Street.

The south-facing windows of No. 15 Garnet Street generally do not receive any direct sunlight throughout the year.

 

The northern service deck at the ground level functions to provide direct access from the laundry to the central light well. At Council’s request, the length of the deck has been reduced by 3.5m, which will minimise a sense of enclosure to the adjoining dwelling at No. 15.

 

It should be noted that the light well to the east of the garage matches the site arrangement of the northern neighbour. The disposition of buildings and open space will enable suitable ambient light to the above neighbour.

The proposed development will cause unreasonable privacy impacts on the adjoining and nearby properties.

 

The top floor balcony has not been adequately setback from the northern common boundary. The aforementioned balcony will generate significant noise and enable cross viewing to the bedroom areas of No. 15 Garnet Street.

The proposal is not considered to result in unreasonable visual privacy impacts on the adjoining properties. Refer to the “DCP” section of this report for details.

 

The proposal is for a single dwelling. The proposed domestic use is not considered to generate unreasonable noise impacts.

 

 

No photomontages have been submitted to demonstrate the overall built form and configuration of the batten screens.

Council has requested the applicant to provide photomontage of the proposed development. The applicant has not agreed to this request.

 

However, hand-drawn perspective sketches and photographs of a working model have been submitted to assist in the assessment. These images have been included in this report.

The stated levels on the drawings should be checked and verified.

There are no apparent errors in the reference levels stated on the drawings.

It is unclear as to how stormwater runoff will be managed.

Standard drainage conditions have been recommended to ensure proper discharge of stormwater runoff from the site.

 

The Canary Island Date Palm previously occupying the southern side of the driveway had become sick and was later removed by Council. The cause of the illness is suspicious. The applicant should be required to provide replacement planting to compensate for the lost tree.

There is a Canary Island Date Palm of approximately 8m in height immediately to the north of the existing driveway. This palm tree is proposed to be retained. Council’s Development Engineer and Landscape Development Officer have reviewed the modified driveway alignment and raised no objections, subject to conditions.

 

A similarly sized palm tree of the same species previously occupied the southern side of the driveway. This tree has already been removed by Council due to its apparent death and potential danger to the community. Council’s landscape officer has advised that the subject species is vulnerable to fungal attack (refer to the Technical Officers Comments). There is no evidence to prove that the condition of the tree was the result of malicious damage. 

 

Due to the presence of a double garage, it is not considered appropriate to require any additional street tree planting outside the Garnet Street frontage of the site.

 

The proposal should seek to protect the remaining Canary Island Date Palm located to the north of the existing driveway. The new garage is positioned too close to the above palm tree.

The proposal involves removal of two Canary Island Date Palms within Garnet Street and is not acceptable.

The approval of the subject application will establish an undesirable planning precedent that encourages similar developments in the area.

Each development application is considered having regard to its merits and compliance with relevant planning controls. The approval of the subject proposal will not establish any undesirable planning precedent in this instance.

The proposal does not satisfy the planning controls stipulated in the LEP and DCP – Dwelling Houses and Attached Dual Occupancies.

The proposal is considered to satisfy the objectives and performance requirements of Council’s planning controls, subject to the recommended conditions.

 

The room at the basement may be used as a separate self-contained dwelling.

The rooms at the basement level are not designed to provide separate self-contained accommodation. A standard condition is recommended to ensure the development is for single occupancy only without any secondary dwelling.

The proposal involves significant earthworks. A dilapidation report should be required if the application is recommended for approval.

A dilapidation report will be required by condition.

The development cost figures stated in the application have been under-estimated. 

The Cost Summary Report is completed by a Registered Quantity Surveyor. At Council’s request, the applicant has confirmed the professional fees associated with the preparation of the development application.

The proposal will reduce the values of the surrounding residential properties.

Variation in property values is not considered to be a valid objection on town planning grounds.

 

6.      Technical Officers Comments

 

Development Engineer and Landscape Development Officer

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

 

Cairo Street Step Comments

It is unclear if the pedestrian gate entrance off Cairo Street is to be retained so Council’s Development Engineers have included the following condition in this report:

 

Should the pedestrian gate entrance to the property via Cairo Street be removed then the applicant is to, prior to issuing of an occupation certificate, meet the full cost for Council or a Council approved contractor to remove the concrete footpath and retaining wall located along the southern side boundary on Council’s road reserve in Cairo Street and replace it with turf.

 

Drainage Discharge Comments

Due to the location of the subject site no infiltration pit requirements have been included in this application however; stormwater runoff shall be discharged via a pipeline/s thru the Cairo St boundary wall, of the subject site, at the eastern end of the site and then in an easterly direction, with sufficient groundcover, and discharged thru Council’s sandstone retaining wall at/near its base.

 

The applicant is to liaise with either Council’s Co-ordinator Engineering Services or Council’s Drainage Assets Engineer in regards to the construction method of the pipeline along Council’s road reserve and the size and position of the discharge pipe in Council’s retaining wall. These requirements/details are to be determined prior to the issuing of a Construction Certificate and shown in detail on the plans submitted for the Construction Certificate.

 

Service Authority Comments

At the Health, Building and Planning Committee meeting on 8 November 2005, it was resolved on the motion of Councillors Nash and Belelli that:

 

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

 

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

 

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

 

The proposed works will be between $1 million and $2 million. The applicant would normally be required to meet all costs associated with replacing the overhead wires with aerial bundled cables in the vicinity of the development site however this work has already been undertaken by Ausgrid and thus no condition has been included.

 

Tree & Landscape Comments

There is no significant vegetation within this site that would pose a constraint to the development in anyway, with the shrubs between the existing garage and dwelling too small for the provisions of Council’s TPO, and while the landscape plan shows the retention of two Frangipani’s in the rear yard, being one each along both the northern and southern boundaries, they have already been removed.

 

While the two public trees on the Cairo Street public verge, being from west to east, a 5m Lagunaria patersonii (Norfolk Island Hibiscus) and a smaller Pittosporum crassifolium (Karo) should not be directly affected by this application given an absence of any external works in this area, conditions still need to be applied to ensure their preservation in this important coastal strip, where it is extremely difficult for Council to establish meaningful public plantings due to the prevailing conditions and desire for water views.

 

Growing on Council’s Garnet Street verge, only about 400mm off the northern edge of the existing vehicle crossing, there is a mature Phoenix canariensis (Canary Island Date Palm) of around 8m in height, which appears in fair health and good condition, is covered by the TPO due to its location on public property, with the ‘burnt’ appearance of its fronds a result of exposure to the harsh and persistent salt laden winds.

 

This palm is part of an important group planting of this species that exists on both sides of this street, as well as extending into Rainbow and Dundas Streets, and are listed as items 21 a-m in Volume 2 of Council’s Register of Significant Trees, being a commemorative planting from the Inter-War Period (1915-1940) which honours the nineteenth century British war hero Garnet Wolseley.

 

This species is particularly vulnerable to the soil borne fungal pathogen Fusarium oxysporom, which once infected, always results in their death, with several having already been removed from this group, presumably for this reason, including one on the southern side of the crossing, near the corner of Cairo Street, so extreme care must be taken not to introduce or spread infection from contaminated soil, mulch, tools or machinery during works.

 

The plans show that the crossing will need to be slightly widened to match up with the new garage opening, which may require some minor excavations to its east, but providing the conditions specified in this report are adhered to, specifically, maintaining a 1.5m radius of undisturbed area around its trunk to ensure that its root crown is not disturbed, this palm will be safely retained, as can be seen with another palm of the same species and size to the north, in front of no.15.

 

Its crown has already been under-pruned in the past, and is wholly above the street light, so further pruning will not be required for clearance reasons as part of this application.

7.      Master Planning Requirements

 

A master plan is not required for the proposed development.

 


8.      Relevant Environmental Planning Instruments

 

8.1    Randwick Local Environmental Plan 1998 (Consolidation)

The site is zoned Residential 2A under RLEP 1998 (Consolidation). The proposal is consistent with the general aims of the LEP and the specific zoning objectives, in that the development will deliver a single dwelling, which is compatible with the desired lower density character of the locality.

 

Clause 29 Foreshore scenic protection area

Clause 29 requires the consent authority to consider the probable aesthetic appearance of the proposed development in relation to the foreshore prior to the granting of any consent.

 

The design scheme adopts a highly contemporary architectural expression with modern finishes and materials.

 

The proposed floor space is enclosed within a geometric structural form. The roof profile initially angles upwards to create an apex, and then gradually slopes down to become a levelled awning above the east-facing top floor balcony. The massing of the development would appear to be concentrated on the downhill side of the site and accentuate the visual bulk. In order to provide visual relief and reduce the mass of the building, it is recommended that approximately half of the batten screens on the northern and southern elevations of the top floor balcony be deleted via a condition of consent. Where the coverage of the screens is reduced, the overall form and profile of the building would relate more appropriately to the site topography and achieve an acceptable scale.

 

The design scheme incorporates full-height feature batten screens along the southern elevation. The screens will contribute to the façade articulation without resulting in detrimental impacts on the neighbours.

 

The proposed colour palette utilises a combination of darker hue to the metallic elements with light neutral finishes to the masonry works. The exterior colours and finishes scheme will reinforce the character of the building and are supported.

 

The proposal is considered to be satisfactory in this regard, subject to the aforementioned condition.

 

Clause 40 Earthworks

Clause 40 requires Council to consider the likely impact of earthworks on the existing drainage patterns and soil stability in the locality.

 

The site has already been significantly modified to accommodate the existing dwelling. The submitted geotechnical report indicates that excavation to depths of approximately 2.5m to 3m in the western section of the site will be required.

 

The application has been referred to Council’s Development Engineer for review. It is considered that the proposal will not adversely affect the local drainage pattern and use of the land, subject to the recommended stormwater management conditions. Standard conditions are also recommended to ensure that appropriate soil retention and erosion control measures are undertaken during works on the site.

 

Subject to the above conditions, the proposed development is considered to be satisfactory in this regard.

 


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

SEPP: BASIX applies to the proposed development. A BASIX Certificate numbered 377871S_02 is submitted with the development application. The commitments listed in the above certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

9.      Policy Controls

 

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

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

 

Landscaping

 

Preferred Solution

Assessment

S1

40% of the total site area (162.5m2) is provided as landscaped area.

53%, complies.

S1

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

Complies.

S1

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

Complies.

S1

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

Not applicable.

S6

20% of the total site area (81.2m2) has permeable treatment.

33%, complies.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of 406.2m2 in area is a maximum floor space ratio of 0.6:1 (243.7m2 GFA).

0.72:1 or 292.7m2 GFA

Refer to comments below.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

Northern elevation:

Maximum 10.8m (to apex of roof)

 

Southern elevation:

Maximum 9.6m (to topmost point of side screens to first floor balcony)

 

Refer to comments below.

S1

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

Garage:

Maximum 6.4m (northern elevation) above existing ground level

 

Refer to comments below.

S3

Cut or fill does not exceed 1m.

The proposal requires excavation reaching depths of approximately 2.5m to 3m in the western section of the site.

 

The land has a significant fall and excavation is inevitable to provide functional floor plate below the existing ground lines. Notwithstanding, the retaining wall structures will be contained within the dwelling and will not be exposed to the public domain.

 

As will be discussed in the following paragraphs, the height and scale of the development are considered to relate appropriately to the site landform, and will not detract from the character of the neighbourhood, subject to the recommended condition.

 

Standard conditions are also recommended to ensure suitable soil retention measures are implemented during works on the site.

 

Subject to the above conditions, the proposal is considered to be satisfactory in this regard.

S3

No excavation within 900mm of a side boundary.

The proposed excavation area will be setback approximately 900mm from the northern side boundary.

 

Standard construction management conditions are recommended to require the installation of suitable soil retention measures during works on the site. A further condition is recommended to require the preparation of a dilapidation report relating to the adjoining properties prior to the commencement of works.

S3

No excavation within 4m of a rear boundary.

No excavation is proposed within 4m of the rear (eastern) boundary.

S4

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

The southern elevation of the first floor level has a length of approximately 16.4m, inclusive of the balcony screen. However, the overall massing of the development is considered to be acceptable, subject to a condition that requires deletion of part of the privacy screens to the top floor balcony. The length of the external walls will not cause any unreasonable shadow impacts on the southern neighbours. Refer to detailed discussion below.

S5

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

 

Not applicable.

 

Built form, height and FSR

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

 

The proposed development will exceed the FSR preferred solution by 0.12:1, which equates to 49m2 GFA.

 

The Objectives of the DCP in relation to external wall height are to ensure developments are not excessive in height and scale, but are compatible with the existing character of the locality. The DCP aims to ensure buildings preserve privacy and natural light access for neighbouring residents and allow sharing of views.

 

The proposal has maximum external wall heights of 9.6m (southern elevation) to 10.8m (northern elevation), and exceeds the preferred solution by 2.6m to 3.8m respectively.

 

Notwithstanding the above deviation from the preferred solutions of the DCP, the development scheme is considered to be acceptable for the following reasons:

 

Perspective sketch of the proposed development as viewed from the downhill side of Cairo Street looking west

 

Perspective sketch of the proposed development as viewed from the Garnet Street / Cairo Street intersection looking north-east

 

·    The southern side of Cairo Street is predominantly characterised by two- and three-storey detached dwellings, where the lowest level accommodates parking facility with minimal setback from the property alignment with the upper habitable storeys stepped in to provide an open terrace above the garage. The dwellings do not exhibit any prevailing architectural style. There is a mixture of more traditional hipped and pitched roofed houses interspersed with modern rectilinear shaped dwellings. The buildings, however, sequentially step down the street in response to the steep topography of the local landform.

 

The subject site occupies the northern side of Cairo Street, between Garnet Street and the cliff that traverses the road reserve. No. 46 Wolseley Road is sunken below the upper section of Cairo Street and is not prominently visible.

 

The eastern side of Garnet Street is predominantly characterised by garage buildings with minimal setback from the front property alignment. The main dwellings generally have a height of 3 storeys and are positioned behind the parking facilities.

 

From left to right: Nos. 7, 5, 3 and 1 Cairo Street

From left to right: Nos. 11 and 9 Cairo Street

 

The site occupies a prominent corner location and has a significant fall. In response to the topographical constraints, the design scheme proposes a part 2- and part 3-storey dwelling, where the basement storey is situated below the Cairo Street road level. A single-level detached garage is provided at the Garnet Street frontage. In this respect, the site layout and building disposition are consistent with the surrounding residential developments. The general building height, in terms of the number of storeys, is also similar to other dwellings in the vicinity.

 

·    The proposed floor space is enclosed within a geometric structural form. The roof profile initially angles upwards to create an apex, and then gradually slopes down to become a levelled awning above the east-facing top floor balcony.

 

The massing of the development would appear to be concentrated on the downhill side of the site and accentuate the visual bulk. However, as can be seen in the section drawing, the top floor level has actually been setback from the eastern wall alignment below via the provision of a 3m wide balcony. Where the batten screens on the side elevations of the top floor balcony are reduced by approximately 50%, the overall form and profile of the building would relate more appropriately to the site gradient and achieve an acceptable scale. This would also provide visual relief to break down the structural bulk.

 

Therefore, a special condition is recommended to require deletion of a triangular portion of the privacy screens on the side elevations of the balcony. The awning above the balcony and supporting frames could remain as they provide practical sun shading function to the living areas. The above change would reduce the visual bulk to a suitable level.

 

Southern elevation showing balcony screen required to be deleted (hatched in red)

Northern elevation showing balcony screen required to be deleted (hatched in red)

 

·    Full-height vertical batten screens will be installed along the southern boundary as an architectural feature, in lieu of the conventional solution of providing standard fencing on the secondary street frontage. The screens will visually integrate the detached garage with the main dwelling and clearly define the property boundary. The screens will perform security and privacy protection functions. It is considered that the screens will not adversely contribute to the mass of the development as they are not solid structures. A special condition is recommended to require the slats to be spaced so that 50% openness will be achieved. The feature will add to the façade articulation and compliment the contemporary architectural expression of the building without resulting in significant detrimental amenity impacts and therefore is supported.

 

·    The height and scale of the development will reinforce the spatial definition to the prominent street corner.

 

Despite the deviation from the DCP preferred solution, the proposed building height will not result in significant overshadowing of the dwellings on the southern side of Cairo Street. As is indicated in the shadow diagrams, the majority of the shadows will fall upon the Cairo Street road reserve without materially impacting on the north-facing windows and terraces of the nearby residences.

 

·    The garage has a height of up to 6.4m as measured from the existing ground level, and exceeds the preferred solution by 2.9m. The deviation from the preferred solution is primarily attributed to the fall of the site. The detached garage will maintain a single-storey scale to Garnet Street and will not detract from the existing streetscape character.

 

·    The building facades are suitably articulated with windows, retractable sun screens and full-height feature batten screens, which together contribute to maintaining a human scale to the streets. The proposed colour palette adopts a combination of darker hue to the metallic elements with light neutral finishes to the main masonry works. The exterior colours and finishes scheme will reinforce the contemporary character of the development.

 

·    As will be discussed in the following sections, the development scheme will not result in any unreasonable adverse impacts on the adjoining and nearby properties in terms of view loss, privacy and overshadowing, subject to conditions.

 

·    The proposed level of floor space will not compromise the environmental performance and living amenity of the dwelling. The development will enjoy good solar access and natural ventilation and will achieve satisfactory energy efficiency outcome.

 

·    The proposal will replace an aged dwelling with a contemporary building that provides upgraded facilities and improved presentation to the streets. The proposal represents an orderly and economic use of the land and satisfies the objectives of the DCP controls.

 

·    The table below provides a summary of the floor space ratio figures of more recent planning approvals in the locality:

 

Comparative analysis of floor space ratios in the locality

Address

DA No.

Site Area (m2)

Approved FSR

5 Cairo Street

774/2007

407.8

0.55:1

7 Cairo Street

195/2001

407.8

0.6:1

11 Cairo Street

360/1998

444.9

0.69:1

4 Garnet Street

440/2006

234.4

0.92:1

6 Garnet Street

526/2011

433.0

0.60:1

46 Wolseley Road

909/2003

408.8

0.70:1

 

It is considered that the proposed FSR is commensurate with the higher range of the more recently approved development density in similarly sized block in the area.

 

·      The western section of the lower ground floor (finished floor level RL53.73) is substantially below the footpath level on the northern side of Cairo Street (refer to the South Elevation for details), and would not contribute to the bulk and scale of the development as much as a full above-ground storey. This section includes the internal stairwell, cellar and amenities. Where this section of the lower ground level (approximately 32m2 in area) is excluded from floor space calculation, the resultant GFA and FSR would be reduced to 260.7m2 and 0.64:1 respectively.

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The garage has nil setback from the Garnet Street boundary. The setback arrangement is consistent with the development pattern along Garnet Street. Satisfactory.

S2

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

The rear setback control does not strictly apply to corner allotments.

 

The proposed building is setback 13.6m from the eastern boundary. The degree of setback is adequate and will not cause any unreasonable adverse impacts upon the surrounding properties in terms of solar access, privacy and view sharing, subject to condition.

S3

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

Northern boundary

Basement level: 869mm

Ground level (western section): 869mm

Southern boundary

Basement level: 1100mm

Ground level (western section): 1100mm

Batten screens: nil setback

S3

Side setbacks be 1.5m at second floor level.

Northern boundary

Ground level (eastern section): 869mm

First level (western section): 869mm

Southern boundary

Ground level (eastern section): 1100mm

First level (western section): 1100mm

Batten screens: nil setback

S3

Side setbacks be 3.0m at third floor level.

Northern boundary

First level (eastern section): 869mm

Southern boundary

First level (eastern section): 1100mm

Batten screens: nil setback

 

The side setback controls aim to allow occupants and neighbours adequate natural lighting and ventilation. The proposal is considered to be satisfactory for the following reasons:

 

Northern setback:

·    The design scheme has reserved a setback of 869mm from the northern side boundary to the external walls. It is considered that an acceptable level of spatial separation has been provided to ensure adequate natural ventilation for the adjoining dwelling at No. 15 Garnet Street.

 

·    There is a service deck at the ground floor level which has nil setback from the northern common boundary. Notwithstanding, the deck has a limited size and will not detrimentally obstruct natural ventilation for the neighbour.

 

·    As the site is located to the south of No. 15 Garnet Street, there will be no material overshadowing impacts as a result of the deviation from the side setback preferred solution.

 

Southern setback:

·    The southern external walls are setback 1100mm from the Cairo Street alignment across all levels and do not meet the preferred solution. Notwithstanding, the proposed development will not result in any significant shadow impacts on the dwellings on the southern side of Cairo Street.

 

·    The feature batten screens will be installed at the Cairo Street boundary without any setback. Notwithstanding, the screens will retain an adequate degree of openness and will not detrimentally contribute to the visual bulk.

 

The strict adherence to the preferred solution, in this instance, would produce a built form that contains multiple stepping on the side elevations, and would not result in a satisfactory architectural outcome. It would also complicate the structural design without any material additional benefits for the neighbouring residences.

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

Refer to comments below.

S1

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

S1

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

S3

Buildings comply with AS 371 and AS 2107.

A standard condition is recommended to ensure the construction works comply with the Building Code of Australia. Complies, subject to condition.

 

The Objective of the DCP is to ensure that new buildings and additions will retain visual and acoustic privacy for the occupants and neighbours.

 

Eastern balcony at top level:

The top floor rear balcony is designed and oriented to capture the panoramic ocean views to the east.

 

Submission has been received from the owner of No. 15 Garnet Street raising concerns relating to potential overlooking from the above balcony. The balcony in question has been splayed so that it is setback 869mm to 2000mm from the northern common boundary. The revised design has included a full-height vertical batten screen along the northern side elevation to minimise privacy intrusion.

 

As discussed in the previous paragraphs, a special condition is recommended to require deletion of part of the screens on the side elevations of the balcony, in order to reduce the visual mass of the building. This will also allow additional amount of oblique (south-eastern) views to be retained for the top floor deck and bedroom areas of No. 15 Garnet Street.

 

It is acknowledged that a full height screen will provide better privacy protection for No. 15. However, on balance, the removal of part of the screen would achieve a net benefit in terms of increasing view retention for the northern neighbour and providing visual relief to the facades. Even when part of the screen is deleted as per recommendation, there will still be a separation distance of over 4.5m between the bedroom windows of No. 15 and the edge of the balcony. This is assuming that a person stands at the very edge of the balcony and deliberately looking towards the neighbour, which is unlikely due to the direction of the scenic views. It is therefore considered that a reasonable level of privacy will be maintained even when part of the screen is removed.

 

Service deck on north elevation:

The service deck at the ground floor level has nil setback from the northern common boundary. The deck is attached to the laundry and is designed to provide direct access to the central light well where the clothes drying area will be situated. Given its limited size and intended function, the deck is not anticipated to be frequently used or allow household congregation. A specific condition is recommended to require a suitable privacy screen to be installed to minimise cross viewing to the southern windows of No. 15 Garnet Street.

 

Northern windows:

The bathroom and laundry windows on the northern elevation will be constructed with translucent glazing.

 

The northern window to the ground floor hallway is constructed with obscured glass louvres. It is considered that an acceptable level of privacy protection will be offered to the northern neighbour.

 

The northern window to the top floor living areas has a significant size. Although the plans show that the glazing will be translucent, it is unclear as to whether part of the window will be operable and enable overlooking to the neighbouring dwelling. A specific condition is recommended to ensure that this window is constructed with fixed and translucent glazing as a precautionary measure against potential privacy impacts.

 

Southern windows:

Sightlines from the south-facing windows will be partly restricted by the vertical batten screens. Given the width of the Cairo Street road reserve, these windows are not considered to create any material privacy impacts on the nearby dwellings.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The main entry to the property is clearly identifiable from Garnet Street. Complies.

S1,3

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

Complies.

S2

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

To be required by condition.

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

2 car spaces are provided, complies.

S1

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

Complies.

S1

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

Complies.

S1

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

The driveway will be modified to achieve a width of 5.4m at the property boundary.

 

The driveway width is required to enable efficient and safe manoeuvring of vehicles into and out of the garage. The existing Canary Island Date Palm immediately to the north of the existing driveway will be retained, which will contribute to the visual softening of the parking and access facilities.

S1

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

Complies.

S1

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

Council’s Development Engineer has reviewed the parking design and raised no objections on safety grounds.

S2

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

The location of the garage is consistent with the development pattern in Garnet Street.

S2

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

The location of the garage is consistent with the development pattern in Garnet Street.

S2

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

66%

The proposal does not meet the preferred solution due to the limited width of the Garnet Street site frontage. Notwithstanding, the location of the parking facility is consistent with the development pattern in the area. The existing Canary Island Date Palm immediately to the north of the existing driveway will be retained, which will contribute to the visual softening of the parking and access facilities.

 

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

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

Garnet Street:

The proposed security gates at the Garnet Street frontage have a height of approximately 1m to 1.3m. The above security devices do not detract from the streetscape pattern.

 

Cairo Street:

The adequacy of the batten screen design has already been addressed in the previous paragraphs.

 

There is an existing masonry wall along the southern boundary of the site, the majority of which has been constructed within Council’s land. The proposal involves partial demolition and selective lowering of the wall to accommodate the batten screen structures. The above works will enable realisation of the design scheme and are considered to be satisfactory.

 

A special condition is recommended to ensure the retained portions of the boundary walls are appropriately finished to improve the streetscape presentation of the development.

S1

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

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

 

Refer to “BASIX”.

S2

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

Complies.

S2,8

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

The north-facing window to the top floor living areas will receive a minimum of 3 hours of direct sunlight over part of its area between 9am and 3pm on 21 June. Complies.

 

S9

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

 

The proposal will not cast any shadows over the roofs of the nearby dwellings to the south. Complies.

S9

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

Complies.

S9

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

Complies.

 

Foreshore Development

 

Preferred Solution

Assessment

P1

Buildings do not encroach on the Foreshore Building Line.

 

Not applicable.

P2

Building form, colours, materials and finishes are sympathetic to surrounding natural forms.

 

Satisfactory. Refer to discussions above.

P3

Stepped buildings on sloping sites are articulated to reflect human scale.

 

Satisfactory. Refer to discussions above.

P4

Buildings incorporate sufficient setbacks to allow planting and a fair share of views.

The proposal will allow reasonable view sharing with the adjoining and nearby properties, subject to condition. Refer to detailed discussions below.

 

P5

Ancillary structures do not detract from the appearance of developments and are sympathetic to the landscape and visual qualities of the foreshore.

Satisfactory.

 

The proposed development has implications on the views currently obtained from the following properties and submissions from the owners have been received:

 

·      1 Cairo Street, South Coogee

·      3 Cairo Street, South Coogee

·      5 Cairo Street, South Coogee

·      7 Cairo Street, South Coogee

·      9 Cairo Street, South Coogee

·      11A Denning Street, South Coogee

·      15 Denning Street, South Coogee

·      9 Garnet Street, South Coogee

·      11 Garnet Street, South Coogee

·      15 Garnet Street, South Coogee

 

The proposed works will also have varying degree of impacts on the views obtained from different parts of the Cairo Street stairs.

 

The following paragraphs provide a four-step analysis of view loss established in the NSW Land and Environment Court case, Tenacity v Warringah Council (2004).

 

The red lines contained in the attached photographs are traced by computer program based on the height poles installed on the site.

 

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.”


 


(i) No. 1 Cairo Street

Ground floor sunroom – northern windows (eastern portion)

Views from inside the sunroom

 

Views captured when leaning over the window sills

 

Current views

At present, the eastern section of the northern sunroom windows enjoys oblique views of the whole Wedding Cake Island. The Clovelly Bay headlands and horizon are clearly visible although criss-crossed by TV antennae and overhead cabling in the vicinity. The views are available at both standing and sitting positions.

 

Anticipated view loss

The revised design has slightly adjusted the southern alignment of the top floor rear balcony. However, the height poles are still representative of the expected impacts.

 

It is anticipated that up to approximately 50% of Wedding Cake Island will be obscured following the proposed development, depending on the height of the person.

 

Where a person deliberately leans out of the window, the view loss would be reduced to approximately 1/3 of Wedding Cake Island or less, depending on the height of the person.

 

Ground floor sunroom – northern windows (western portion)

 

Current views

The western section of the northern windows enjoys oblique, partial views of Wedding Cake Island broken by a power pole in Cairo Street. The views are captured at both standing and sitting positions.

 

Anticipated view loss

Following the development, the majority of Wedding Cake Island will be obscured from this part of the northern windows.

 

Ground floor sunroom – eastern windows

 

Current views

The eastern windows to the sunroom enjoy whole views of Wedding Cake Island as well as partial views of the rock platform in Trenerry Reserve. The views are available at both standing and sitting positions.

 

Anticipated view loss

Following the development, it is anticipated that views to the majority of Wedding Cake Island will be retained. A very small portion of the rock platform will be obscured.

 

(ii) No. 3 Cairo Street

Ground floor study – western end

 

Current views

The western study room enjoys oblique views of the whole Wedding Cake Island. Partial ocean views with the horizon line are also captured from the window. A very small portion of Clovelly Bay headland is visible above the dwellings in Garnet Street.

 

Wedding Cake Island and the ocean are visible at both standing and sitting positions. The distant headland is visible at a standing position.

 

Anticipated view loss

The whole Wedding Cake Island and the majority of the water elements will continue to be visible following the development.

 

The existing highly restricted views to Clovelly Bay headland will be obscured.

 

 

 

 

 

 

 

 

Ground floor study – eastern end

Current views

The eastern study room enjoys oblique views of the whole Wedding Cake Island. Ocean views with sky-water interface are also captured from the window. A small portion of the distant Clovelly Bay headlands are visible above the dwellings in Garnet Street. The above views are available at both standing and sitting positions.

 

Anticipated view loss

Views of the entire Wedding Cake Island will be retained.

 

The distant Clovelly Bay headlands and a small portion of general water elements will be obscured.

 

First floor living room

Standing views within the living room

 

Sitting views within the sitting room

 

Current views

The first floor living room enjoys wide views of the ocean, the horizon line, the whole Wedding Cake Island and the Clovelly Bay headlands. Part of the rock platforms in Trenerry Reserve is also visible. The views are captured at both standing and sitting positions.

 

Anticipated view loss

It is anticipated that only a small portion of the rock platform in Trenerry Reserve and general water elements will be obscured. Views of Wedding Cake Island and Clovelly Bay headlands will not be affected.

 

First floor balcony

Standing views at first floor balcony

 

Sitting views at first floor balcony

Current views

The first floor balcony enjoys wide views of the ocean, the horizon line, the whole Wedding Cake Island and the Clovelly Bay headlands. Broken views of the rock platform and lawn areas in Trenerry Reserve are also obtained. The views are captured at both standing and sitting positions.

 

Anticipated view loss

It is anticipated that the lawn areas in Trenerry Reserve as well as small portions of the rock platforms and water elements will be obscured.

 

Views of Wedding Cake Island and Clovelly Bay headlands will not be affected.

 

(iii) No. 5 Cairo Street

Ground floor front terrace

Current views

The front terrace captures wide views of the ocean, the horizon line and the whole Wedding Cake Island. Part of the rock platforms and lawn areas in Trenerry Reserve, which are punctuated by existing vegetation, buildings and overhead power lines in the vicinity, are also visible. There are restricted views to the distant Clovelly Bay headlands broken by the existing dwelling on the subject site. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

The revised design has slightly adjusted the southern alignment of the top floor rear balcony. However, the height poles are still representative of the expected impacts.

 

Following the development, approximately half of the existing restricted views to Clovelly Bay headlands will be obscured. However, the tips of the headlands will still be visible.

 

 

 

 

 

 

 

 

 

 

 

 

 

Ground floor living room – front section

 

Current views

The front portion of the living room captures wide views of the ocean, the horizon and the whole Wedding Cake Island. Part of the rock platforms and lawn areas within Trenerry Reserve, which are punctuated by existing vegetation, buildings and overhead power lines in the vicinity, are also visible. There are restricted views to the distant Clovelly Bay headlands broken by the existing dwelling on the subject site. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

Approximately 60-70% of the restricted views to Clovelly Bay headlands will be obscured, depending on the viewing position. However, the tips of the headlands will still be visible.

 

Ground floor living room – middle section

Current views

The middle section of the living room enjoys views of the ocean, the horizon, a portion of Wedding Cake Island and part of the rock platforms within Trenerry Reserve. There are restricted views to the distant Clovelly Bay headlands, which are broken by the existing dwelling on the subject site. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

Approximately 60-70% of the existing restricted views to Clovelly Bay headlands will be obscured. However, the tips of the headlands will still be visible.

 

First floor main bedroom

Views obtained at standing position

 

Views obtained from sitting on the bed

 

Current views

The main bedroom enjoys views of the ocean, the horizon, the whole Wedding Cake Island, part of Clovelly Bay headlands and a portion of the rock platforms within Trenerry Reserve. The ridgeline of Clovelly is seen above the existing dwellings in Garnet Street. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

Approximately 50-60% of the interface between the Clovelly Bay headlands and the water will be obscured. However, the tips of the headlands and their interface with the ocean will be retained.

 

Approximately half of the water elements in Coogee Bay will be obscured.

 

The ridge line in Clovelly will be substantially obscured at a standing position, and completely lost at a sitting position.

 

First floor main bedroom – walk-in-wardrobe area

 

Current views

The wardrobe areas enjoy views of the ocean, the horizon, the whole Wedding Cake Island, part of the Clovelly Bay headlands and a portion of the rock platforms within Trenerry Reserve. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

Following the development, the majority of the Clovelly Bay headlands will be obscured. However, the very tips of the headlands would still be discernible.

 

(iv) No. 7 Cairo Street

Ground floor living room terrace

 

Current views

The ground floor terrace enjoys wide views of the ocean, the horizon line, the whole Wedding Cake Island and part of the Clovelly Bay headlands, which are interrupted by power poles and overhead cabling. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

The proposed development will obscure a very small portion of the sky views currently obtained from the terrace.

 

Ground floor living room

 

Current views

The living room enjoys views of the ocean, the horizon and part of the Clovelly Bay headlands, which are interrupted by power poles and overhead wiring. The views are obtained at both standing and sitting positions.

 

Wedding Cake Island is obliquely visible when a person stands close to the window glazing.

 

Anticipated view loss

The proposed development will obscure a very small portion of the sky views currently available to the living room.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

First floor hallway – top of stairs

 

Current views

Highly restricted district views of Clovelly and a small amount of water element are obtained from the stairs landing at the top floor level. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

Following the proposed development, approximately 60% of the already restricted district views and a small portion of the sky will be obscured.

 

First floor main bedroom

Current views

The main bedroom enjoys views of the ocean, the horizon and Clovelly Bay headlands. The whole Wedding Cake Island is obliquely visible when a person deliberately stands or sits close to the window glazing and orientates towards the north-east.

 

Anticipated view loss

Following the development, a small portion of the Clovelly district views and a tiny amount of water elements will be obscured.

 

First floor bedroom balcony

 

Current views

The first floor balcony presently enjoys wide views of the ocean, the horizon and Clovelly Bay headlands. The whole Wedding Cake Island is visible. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

Following the proposed development, a small portion of the Clovelly district views and a tiny amount of water elements will be obscured.

 

(v) No. 9 Cairo Street

First floor living room

 

Current views

The living room enjoys views of the ocean, the horizon, the whole Wedding Cake Island and Clovelly Bay headlands. These views are captured at both standing and sitting positions.

 

Part of Trenerry Reserve and the South Coogee rock platforms are visible at a standing position.

 

Anticipated view loss

The proposed development is situated at a more uphill location and none of the iconic and scenic elements in the views will be affected.

 

First floor deck

Current views

The first floor deck enjoys wide, unbroken views of the ocean, the horizon, the whole Wedding Cake Island and Clovelly Bay headlands. Part of Trenerry Reserve and the South Coogee rock platforms are visible. The above elements are captured at both standing and sitting positions.

 

Anticipated view loss

The proposed development is situated at a more uphill location and none of the iconic and scenic elements in the views will be affected.

 

Ground floor deck

There is a deck at the ground floor level above the garage. The deck has a similar view to that of the storey above and is not expected to suffer any material view loss as a result of the proposal.

 

(vi) No. 11A Denning Street

Ground floor living room deck

 

Current views

The ground floor deck currently obtains partial views of the horizon, which are punctuated by the Canary Island Date Palms on Garnet Street . A small portion of Wedding Cake Island is discernible behind the palm trees.

 

 

Anticipated view loss

A very small portion of the filtered water elements between the existing street trees will be obscured following the proposed development.

 

Ground floor living room windows

 

Current views

The living room windows currently obtain broken views of the sky-water interface, which are punctuated by the Canary Island Date Palms on Garnet Street. A small portion of Wedding Cake Island is discernible behind the palm trees.

 

Anticipated view loss

The proposed development is generally hidden behind the existing vegetation and is barely visible from the living room areas. No material view loss is expected.

 

Upper rear yard

 

Current views

The upper rear yard obtains broken views of the horizon and general water elements, which are heavily punctuated by the existing buildings and trees (Canary Island Date Palms) in Garnet Street.

 

Anticipated view loss

It is anticipated that a small portion of the filtered water elements will be obscured following the development.

 

Lower rear yard

 

Current views

The lower rear yard obtains restricted views of the horizon and general water elements, which are heavily broken by the existing buildings and vegetation in Garnet and Cairo Streets. Distant views of a small portion of Wedding Cake Island are discernible behind the palm trees in Garnet Street .

 

Anticipated view loss

It is anticipated that a small portion of the filtered water elements will be obscured following the development.

 

(vii) No. 15 Denning Street

Ground floor living room balcony

Views from northern edge of balcony

Views from middle section of balcony

 

Current views

The living room balcony currently enjoys views of the ocean, the horizon and Wedding Cake Island, punctuated by the palm trees within No. 15 Denning Street itself. Part of the Clovelly Bay headlands is visible. There are restricted views to the lawns and rock platforms within Trenerry Reserve, which are broken by the existing dwellings in Garnet Street . The views are obtained at both standing and sitting positions.

 

Anticipated view loss

The majority of the existing restricted views to the rock platforms and wetland areas within Trenerry Reserve will be obscured.

 

Ground floor living room – northern windows

Ground floor living room of the dwelling; the northern windows are seen on the left-hand-side of the photograph

Views from the northern windows in the living room

 

Current views

The northern windows of the living room enjoy partial ocean views with the horizon line and the whole Wedding Cake Island clearly visible. A very small portion of the rock platforms within Trenerry Reserve is discernible. The views are captured at both standing and sitting positions.

 

Anticipated view loss

Following the development, the majority of the current restricted views to the rock platforms will be obscured.

 

First floor bedroom balcony

Views from balcony looking east

 

Views from balcony looking north-east

 

Current views

The first floor bedroom balcony captures panoramic views of the ocean, the horizon and the entire Wedding Cake Island. The Clovelly Bay headlands, punctuated by power pole and overhead cabling in the area, are clearly visible. Partial views of the rock platforms in Trenerry Reserve, broken by existing dwellings in Garnet Street, are obtained. The views are captured at both standing and sitting positions.

 

Anticipated view loss

Following the development, approximately 40-50% of the current views to the rock platforms and their interface with the water will be obscured.

 

First floor bedroom

Eastern windows of the bedroom are seen on the right-hand-side of the photograph

 

Northern windows of the bedroom are seen on the left-hand-side of the photograph

 

Current views

The northern and eastern windows of the main bedroom enjoy wide views of the ocean, the horizon and the entire Wedding Cake Island. The Clovelly Bay headlands are visible at certain angles. Partial views of the rock platforms within Trenerry Reserve, broken by existing dwellings in Garnet Street, are obtained. The views are generally captured at a standing position. A smaller degree of the views is obtained at a sitting position.

 

Anticipated view loss

Approximately 50% of the current views to the rock platforms within Trenerry Reserve will be obscured from the bedroom windows following the proposed development.

 


 

First floor northern balcony

Northern balcony at the first floor level

 

Views from the first floor northern balcony

 

Current views

The balcony currently enjoys partial ocean views broken by existing vegetation. Wedding Cake Island is almost wholly visible. The views are obtained at both standing and sitting positions.

 

 

Anticipated view loss

Following the proposed development, a small portion of the general water elements will be obscured.

 

Lower ground floor balcony

 

Current views

The lower ground floor balcony captures wide views of the ocean punctuated by existing vegetation within the site and the locality. The whole Wedding Cake Island is clearly visible. The views are obtained a both standing and sitting positions.

 

Anticipated view loss

Following the proposed development, a small portion of the general water elements will be obscured.

 

Outdoor terrace at bottom of site

Standing views from the outdoor terrace at the bottom of the site

 

Sitting views from the outdoor terrace at the bottom of the site

 

Current views

The outdoor terrace captures wide views of the ocean and horizon punctuated by existing vegetation within the site and the locality. The whole Wedding Cake Island is clearly visible. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

Following the development, the whole Wedding Cake Island will remain visible at a standing position. At a sitting position, approximately half of the interface between the Island and the water will be obscured.


 

Northern terrace at ground level

 

Current views

The northern terrace (forecourt to the main entry) at the ground level enjoys partial views of the ocean and the horizon. Wedding Cake Island is substantially obscured by the existing Canary Island Date Palm outside the subject site. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

Following the development, a small portion of the general water element will be obscured.

 

(viii) No. 9 Garnet Street

Ground floor living room deck

Current views

The deck attached to the living room presently captures panoramic views of the ocean, the majority of Clovelly Bay headlands, and a small portion of Lurline Bay headlands. Wedding Cake Island is obscured by an existing palm tree.

 

Anticipated view loss

The red lines denote the top floor balcony and screens of the development. The proposal will only occupy a negligible portion of the sky views obtained from the deck. None of the water or scenic elements in the views will be affected.

 

First floor bedroom deck

Current views

The deck attached to the main bedroom presently captures panoramic views of the ocean, the horizon, the whole Wedding Cake Island, the majority of Clovelly Bay headlands, and a small portion of Lurline Bay headlands.

 

Anticipated view loss

The proposal will only occupy a negligible portion of the sky views currently obtained from the deck. None of the water, scenic or iconic elements in the views will be affected.

 

(ix) No. 11 Garnet Street

The submissions from No. 11 Garnet Street do not contain any contact telephone numbers. A letter dated 28 September 2011 was sent to the above address requesting for permission to inspect. No response has been received. Consequently, no inspection for this property has been undertaken.

 

The key ocean and iconic views are generally available in an easterly and north-easterly direction. The subject site is located to the south of No. 11 Garnet Street. Additionally, the site is separated from No. 11 Garnet Street by the dwelling at No. 15 Garnet Street. Due to the degree of spatial separation and orientation of the views, the proposed development is unlikely to have any material impact on No. 11 Garnet Street.

 


 

(x) No. 15 Garnet Street

Ground floor living room deck

 

Current views

At present, the ground floor deck captures panoramic views of the ocean, the horizon and Wedding Cake Island. Filtered views of the Clovelly Bay headlands are obtained through existing vegetation in the area. There are restricted, oblique views of Lurline Bay headlands which are significantly broken by existing dwellings in Cairo Street. The views are captured at both standing and sitting positions.

 

Anticipated view loss

Following the proposed development, part of the sky views currently available to the deck will be obscured. However, none of the scenic and iconic elements will be affected.

 

First floor main bedroom balcony

Views from the northern edge of the balcony

 

Views from the middle part of the balcony

 

Current views

The first floor deck captures panoramic views of the ocean and the horizon, including whole views of Wedding Cake Island, Clovelly Bay headlands and North Coogee headlands. Filtered views of Trenerry Reserve through existing vegetation in the locality are obtained. There are restricted, oblique views of Lurline Bay headlands, which are broken by existing dwellings in Cairo Street. The views are captured at both standing and sitting positions.

 

Anticipated view loss

Following the proposed development, the current restricted views to Lurline Bay headlands will be further reduced such that it will not be readily visible when a person is standing at the southern edge of the balcony. In the middle section of the balcony, approximately half of the existing headland views will be retained. At the northern edge, the majority of the existing headlands views will be retained.

 

First floor main bedroom

Current views

At present, the main bedroom enjoys panoramic views of the ocean and the horizon, including the whole Wedding Cake Island. Part of the South Coogee rock platforms and Trenerry Reserve are visible. Restricted views of Lurline Bay headlands, which are broken by existing dwellings in Cairo Street, are obliquely visible. The views are obtained at both standing and sitting positions.

 

Anticipated impacts

Following the proposed development, the majority of the current restricted views to Lurline Bay headlands will be lost. A small portion of the interface between the headland and the water will be retained.

 

(xi) Cairo Street public domain

Top of street, landscaped areas

 

Current views

The current views include the ocean and the horizon criss-crossed by power poles and overhead wiring in the area. Wedding Cake Island is partially obscured by an existing palm tree outside the subject site on Garnet Street.

 

Anticipated view loss

A small portion of general water elements will be obscured. There will be no impacts on the existing partial views to Wedding Cake Island.

 

Outside No. 15 Denning Street – top of stairs

 

Current views

The current views include the ocean, the horizon and the whole Wedding Cake Island criss-crossed by power poles and overhead cabling. 

 

Anticipated view loss

Part of the interface between Wedding Cake Island and the water as well as a small amount of general water elements will be obscured.

 

Outside No. 1 Cairo Street – upper landing

 

Current views

The current views include the ocean, the horizon and the whole Wedding Cake Island criss-crossed by power poles and overhead cabling. 

 

Anticipated view loss

The whole Wedding Cake Island and a small amount of general water elements will be obscured.

 

Outside No. 1 Cairo Street – mid landing

 

Current views

The current views include the ocean and the horizon criss-crossed by power poles and overhead cabling. The Clovelly Bay headlands are filtered by existing palm trees in Garnet Street. A portion of Wedding Cake Island is visible.

 

Anticipated view loss

The current restricted views to Wedding Cake Island will be completely obscured.

 

Outside No. 1 Cairo Street – lower landing

Current views

The current views include the ocean and the horizon criss-crossed by power poles and overhead cabling. A small portion of Wedding Cake Island is visible above the existing dwelling on the subject site. Part of the distant Clovelly Bay headlands is visible.

 

Anticipated view loss

The existing restricted views to Wedding Cake Island and a small amount of general water elements will be obscured.

 

Outside No. 3 Cairo Street – upper landing

 

Current views

The current views include the ocean and horizon criss-crossed by power poles and overhead cabling. Views of Wedding Cake Island are generally obstructed by a nearby power pole as well as the existing dwelling on the subject site.

 

Anticipated view loss

The majority of the current restricted views to Wedding Cake Island will be lost.

 

Outside No. 3 Cairo Street – lower landing

 

Current views

The current views include the ocean and the horizon criss-crossed by power poles and overhead cabling. Part of Wedding Cake Island is visible above the existing dwelling on the subject site.

 

Anticipated view loss

Approximately half of the current restricted views to Wedding Cake Island will be obscured.

 

 

 

 

 

 

Outside No. 5 Cairo Street – upper landing

 

Current views

The current views include the ocean and the horizon criss-crossed by power poles and overhead cabling. The whole Wedding Cake Island is visible.

 

Anticipated view loss

A very small amount of general water and sky elements will be obscured. There will be no impacts on existing views to Wedding Cake Island.

 

Outside No. 5 Cairo Street – lower landing

 

Current views

The current views include the ocean and the horizon criss-crossed by power poles and overhead cabling. The whole Wedding Cake Island is visible.

 

Anticipated view loss

A small portion of sky elements will be obscured. There will be no impacts on existing views to Wedding Cake Island.

 

Outside No. 9 Cairo Street

 

Current views

The current views include the ocean and the horizon criss-crossed by power poles and overhead cabling. The whole Wedding Cake Island is visible.

 

Anticipated view loss

A small portion of sky elements will be obscured. There will be no impacts on existing views to Wedding Cake Island.

 

Outside No. 11 Cairo Street

 

Current views

The current views include the ocean and the horizon criss-crossed by power poles and overhead cabling. The whole Wedding Cake Island is visible.

 

Anticipated view loss

A small portion of sky elements will be obscured. There will be no impacts on existing views to Wedding Cake Island.

 

 

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.”

 

No. 1 Cairo Street

Ground floor sunroom – northern windows

·      Views across side boundaries of subject site

·      Standing and sitting views

Ground floor sunroom – eastern windows

·      Views across side boundaries of subject site, No. 46 Wolseley Road and No. 3 Cairo Street

·      Standing and sitting views

No. 3 Cairo Street

Ground floor study – western end

·      Views across side boundaries of subject site

·      Standing and sitting views

Ground floor study – eastern end

·      Views across side boundaries of subject site

·      Standing and sitting views

First floor living room

·      Views across side boundaries of subject site

·      Standing and sitting views

First floor balcony

·      Views across side boundaries of subject site, No. 46 Wolseley Road and No. 5 Cairo Street

·      Standing and sitting views

No. 5 Cairo Street

Ground floor front terrace

·      Views across side boundaries of subject site, No. 46 Wolseley Road and No. 7 Cairo Street

·      Standing and sitting views

Ground floor living room – front section

·      Views across side boundaries of subject site, No. 46 Wolseley Road and No. 7 Cairo Street

·      Standing and sitting views

Ground floor living room – middle section

·      Views across side boundaries of subject site

·      Standing and sitting views

First floor main bedroom

·      Views across side boundaries of subject site, No. 46 Wolseley Road and No. 7 Cairo Street

·      Standing and sitting views

First floor main bedroom – walk-in-wardrobe area

·      Views across side boundaries of subject site and No. 46 Wolseley Road

·      Standing and sitting views

No. 7 Cairo Street

Ground floor living room terrace

·      Views across side boundaries of subject site, No. 46 Wolseley Road and No. 9 Cairo Street

·      Standing and sitting views

Ground floor living room

·      Views across side boundaries of subject site and No. 46 Wolseley Road

·      Standing and sitting views

First floor hallway – top of stairs

·      Views across side boundaries of subject site

·      Standing and sitting views

First floor main bedroom

·      Views across side boundaries of subject site and No. 46 Wolseley Road

·      Standing and sitting views

First floor bedroom balcony

·      Views across side boundaries of subject site and No. 46 Wolseley Road

·      Standing and sitting views

No. 9 Cairo Street

First floor living room

·      Views across side boundaries of subject site and No. 46 Wolseley Road

·      Standing and sitting views

First floor deck

·      Views across side boundaries of subject site, No. 46 Wolseley Road and No. 11 Cairo Street

·      Standing and sitting views

Ground floor deck

·      Views across side boundaries of subject site, No. 46 Wolseley Road and No. 11 Cairo Street

·      Standing and sitting views

No. 11A Denning Street

Ground floor living room deck

·      Views across front boundaries of properties on eastern side of Garnet Street (including subject site), as well as side boundaries of properties on southern side of Cairo Street

·      Standing and sitting views

Ground floor living room

·      Views across front boundaries of properties on eastern side of Garnet Street (including subject site)

·      Standing views

Upper rear yard

·      Views across front boundaries of properties on eastern side of Garnet Street (including subject site)

·      Standing and sitting views

Lower rear yard

·      Views across front boundaries of properties on eastern side of Garnet Street (including subject site), as well as side boundaries of properties on southern side of Cairo Street

·      Standing and sitting views

No. 15 Denning Street

Ground floor living room balcony

·      Views across side boundaries of subject site, dwellings on eastern side of Garnet Street and No. 46 Wolseley Road

·      Standing and sitting views

Ground floor living room – northern windows

·      Views across side boundaries of subject site and dwellings on eastern side of Garnet Street

·      Standing and sitting views

First floor bedroom balcony

·      Views across side boundaries of subject site, dwellings on eastern side of Garnet Street and dwellings on southern side of Cairo Street, as well as over landscaped strip in the Garnet Street road reserve

·      Standing and sitting views

First floor bedroom

·      Views across side boundaries of subject site, dwellings on eastern side of Garnet Street and dwellings on southern side of Cairo Street, as well as over landscaped strip in the Garnet Street road reserve

·      Standing and sitting views

First floor northern balcony

·      Views across front and side boundaries of subject site and dwellings on eastern side of Garnet Street , as well as over the Cairo Street road reserve

·      Standing and sitting views

Lower ground floor balcony

·      Views across side boundaries of subject site, dwellings on eastern side of Garnet Street, as well as dwellings on southern side of Cairo Street

·      Standing and sitting views

Outdoor terrace at bottom of site

·      Views across side boundaries of subject site, dwellings on eastern side of Garnet Street, as well as No. 1 Cairo Street

·      Standing and sitting views

Northern terrace at ground level

·      Views across front and side boundaries of subject site and dwellings on eastern side of Garnet Street , as well as over the Cairo Street road reserve

·      Standing and sitting views

No. 9 Garnet Street

Ground floor living room deck

·      Views across rear boundaries of Wolseley Road dwellings, as well as side boundaries of No. 11 and No. 15 Garnet Street and the subject site

·      Standing and sitting views

First floor bedroom deck

·      Views across rear boundaries of Wolseley Road dwellings, as well as side boundaries of No. 11 and No. 15 Garnet Street and the subject site

·      Standing and sitting views

No. 11 Garnet Street

                

No permission to inspect was granted.

 

It is anticipated that standing and sitting views will be obtained across the rear boundaries of dwellings fronting Wolseley Road, as well as the side boundaries of No. 15 Garnet Street and the subject site.

No. 15 Garnet Street

Ground floor living room deck

·      Views across rear boundaries of Wolseley Road dwellings, as well as side boundaries of dwellings on eastern side of Garnet Street , including the subject site.

·      Standing and sitting views

First floor main bedroom balcony

·      Views across rear boundaries of Wolseley Road dwellings, as well as side boundaries of dwellings on eastern side of Garnet Street , including the subject site.

·      Standing and sitting views

First floor main bedroom

·      Views across rear boundaries of Wolseley Road dwellings, as well as side boundaries of dwellings on eastern side of Garnet Street , including the subject site.

·      Standing and sitting views

Cairo Street footpaths and stairs 

The following analysis focuses on the iconic views of Wedding cake Island and how those views are obtained.

Top of street, landscaped areas

·      Views across front and side boundaries of No. 15 Garnet Street

·      Standing and sitting views

Outside No. 15 Denning Street – top of stairs

·      Views across side boundaries of subject site

·      Standing and sitting views

Outside No. 1 Cairo Street – upper landing

·      Views across side boundaries of subject site

·      Standing views generally

Outside No. 1 Cairo Street – mid landing

·      Views across side boundaries of subject site

·      Standing views

Outside No. 1 Cairo Street – lower landing

·      Views across side boundaries of subject site

·      Standing views

Outside No. 3 Cairo Street – upper landing

No existing views to Wedding Cake Island (obstructed by power pole)

Outside No. 3 Cairo Street – lower landing

·      Views across side boundaries of subject site

·      Standing and sitting views

Outside No. 5 Cairo Street – upper landing

·      Views across side boundaries of subject site and No. 46 Wolseley Road

·      Standing and sitting views

Outside No. 5 Cairo Street – lower landing

·      Views across side boundaries of subject site and No. 46 Wolseley Road

·      Standing and sitting views

Outside No. 9 Cairo Street

·      Views across side boundaries of No. 46 Wolseley Road

·      Standing and sitting views

Outside No. 11 Cairo Street

·      Views across side boundaries of No. 46 Wolseley Road

·      Standing and sitting views

 

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.”

 

No. 1 Cairo Street

Ground floor sunroom – northern windows

Approximately 50% of Wedding Cake Island will be obscured following the development. When a person is standing or sitting behind the western portion of the northern windows, the majority of Wedding Cake Island will be obscured.

 

Degree of impact: severe

Ground floor sunroom – eastern windows

Views to the majority of Wedding Cake Island will be retained. A very small portion of the rock platform and general water elements will be obscured.

 

Degree of impact: minor

No. 3 Cairo Street

Ground floor study – western end

The whole Wedding Cake Island and the majority of the water elements will continue to be visible. The existing highly restricted views to Clovelly Bay headland will be obscured.

 

Degree of impact: minor

Ground floor study – eastern end

Views of the entire Wedding Cake Island will be retained. The distant Clovelly Bay headlands and a small portion of general water elements will be obscured.

 

Degree of impact: moderate

First floor living room

A small portion of the rock platform in Trenerry Reserve and general water elements will be obscured. Views of Wedding Cake Island and Clovelly Bay headlands will not be affected.

 

Degree of impact: minor

First floor balcony

The lawn areas in Trenerry Reserve as well as small portions of the rock platforms and water elements will be obscured. Views of Wedding Cake Island and Clovelly Bay headlands will not be affected.

 

Degree of impact: minor

No. 5 Cairo Street

Ground floor front terrace

Approximately half of the existing restricted views to Clovelly Bay headlands will be obscured. However, the tips of the headlands will still be visible.

 

Degree of impact: moderate

Ground floor living room – front section

Approximately 60-70% of the restricted views to Clovelly Bay headlands will be obscured. However, the tips of the headlands will still be visible.

 

Degree of impact: moderate

Ground floor living room – middle section

Approximately 60-70% of the existing restricted views to Clovelly Bay headlands will be obscured. However, the tips of the headlands will still be visible.

 

Degree of impact: moderate

First floor main bedroom

Approximately 50-60% of the interface between the Clovelly Bay headlands and the water will be obscured. However, the tips of the headlands and their interface with the ocean will be retained. Approximately half of the water elements in Coogee Bay will be obscured. The ridge line in Clovelly will be substantially obscured at a standing position, and completely lost at a sitting position.

 

Degree of impact: moderate to severe

First floor main bedroom – walk-in-wardrobe area

The majority of the Clovelly Bay headlands will be obscured. However, the very tips of the headlands would still be discernible.

 

Degree of impact: moderate to severe

No. 7 Cairo Street

Ground floor living room terrace

The development will obscure a very small portion of the sky views.

 

Degree of impact: negligible

Ground floor living room

The development will obscure a very small portion of the sky views.

 

Degree of impact: negligible

First floor hallway – top of stairs

Approximately 60% of the already restricted district views and a small portion of the sky will be obscured.

 

Degree of impact: minor

First floor main bedroom

A small portion of the Clovelly district views and a tiny amount of water elements will be obscured.

 

Degree of impact: minor

First floor bedroom balcony

A small portion of the Clovelly district views and a tiny amount of water elements will be obscured.

 

Degree of impact: minor

No. 9 Cairo Street

First floor living room

None of the iconic and scenic elements in the views will be affected.

 

Degree of impact: negligible

First floor deck

None of the iconic and scenic elements in the views will be affected.

 

Degree of impact: negligible

Ground floor deck

Not expected to suffer any material view loss.

 

Degree of impact: negligible

No. 11A Denning Street

Ground floor living room deck

A very small portion of the filtered water elements between the existing street trees will be obscured.

 

Degree of impact: minor

Ground floor living room

No material view loss is expected.

 

Degree of impact: negligible

Upper rear yard

A small portion of the filtered water elements will be obscured.

 

Degree of impact: minor

Lower rear yard

A small portion of the filtered water elements will be obscured.

 

Degree of impact: minor

No. 15 Denning Street

Ground floor living room balcony

The majority of the existing restricted views to the rock platforms and wetland areas within Trenerry Reserve will be obscured.

 

Degree of impact: moderate

Ground floor living room – northern windows

The majority of the current highly restricted views to the rock platforms in Trenerry Reserve will be lost.

 

Degree of impact: minor

First floor bedroom balcony

Approximately 40-50% of the current views to the rock platforms in Trenerry Reserve and their interface with the water will be obscured.

 

Degree of impact: moderate

First floor bedroom

Approximately 50% of the current restricted views to the rock platforms within Trenerry Reserve will be obscured.

 

Degree of impact: moderate

First floor northern balcony

A small portion of the general water elements will be obscured.

 

Degree of impact: minor

Lower ground floor balcony

A small portion of the general water elements will be obscured.

 

Degree of impact: minor

Outdoor terrace at bottom of site

The whole Wedding Cake Island will remain visible at a standing position. At a sitting position, approximately half of the interface between the Island and the water will be obscured.

 

Degree of impact: moderate

Northern terrace at ground level

A small portion of the general water element will be obscured.

 

Degree of impact: minor

No. 9 Garnet Street

Ground floor living room deck

The proposal will only occupy a negligible portion of the sky views obtained from the deck.

 

Degree of impact: negligible

First floor bedroom deck

The proposal will only occupy a negligible portion of the sky views obtained from the deck.

 

Degree of impact: negligible


 

No. 11 Garnet Street

                

 Unlikely to have any material impact.

 

Degree of impact: negligible

No. 15 Garnet Street

Ground floor living room deck

Part of the sky views will be obscured.

 

Degree of impact: negligible

First floor main bedroom balcony

The current restricted views to Lurline Bay headlands will be further reduced such that it will not be readily visible when a person is standing at the southern edge of the balcony. In the middle section of the balcony, approximately half of the existing headland views will be retained. At the northern edge, the majority of the existing headland views will be retained.

 

Degree of impact: moderate

First floor main bedroom

The majority of the current restricted views to Lurline Bay headlands will be lost. A small portion of the interface between the headland and the water will be retained.

 

Degree of impact: moderate

Cairo Street footpaths and stairs 

Top of street, landscaped areas

A small portion of general water elements will be obscured. There will be no impacts on the existing partial views to Wedding Cake Island.

 

Degree of impact: minor

Outside No. 15 Denning Street – top of stairs

Part of the interface between Wedding Cake Island and the water as well as a small amount of general water elements will be obscured.

 

Degree of impact: moderate

Outside No. 1 Cairo Street – upper landing

The whole Wedding Cake Island and a small amount of general water elements will be obscured.

 

Degree of impact: devastating

Outside No. 1 Cairo Street – mid landing

The current restricted views to Wedding Cake Island will be completely obscured.

 

Degree of impact: severe

Outside No. 1 Cairo Street – lower landing

The existing restricted views to Wedding Cake Island and a small amount of general water elements will be obscured.

 

Degree of impact: severe

Outside No. 3 Cairo Street – upper landing

The majority of the highly restricted views to Wedding Cake Island will be lost.

 

Degree of impact: minor

Outside No. 3 Cairo Street – lower landing

Approximately half of the current restricted views to Wedding Cake Island will be obscured.

 

Degree of impact: moderate

Outside No. 5 Cairo Street – upper landing

A very small amount of general water and sky elements will be obscured. No impacts on views to Wedding Cake Island.

 

Degree of impact: minor

Outside No. 5 Cairo Street – lower landing

A small portion of sky elements will be obscured. No impacts on views to Wedding Cake Island.

 

Degree of impact: negligible

Outside No. 9 Cairo Street

A small portion of sky elements will be obscured. No impacts on views to Wedding Cake Island.

 

Degree of impact: negligible

Outside No. 11 Cairo Street

A small portion of sky elements will be obscured. No impacts on views to Wedding Cake Island.

 

Degree of impact: negligible

 

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.”

 

No. 1 Cairo Street:

The views are presently obtained from the north-facing sunroom of the dwelling, which is reasonably expected to be an intensively utilised living space for the occupants. The views from the northern windows include the whole of Wedding Cake Island, which is anticipated to be obscured by up to approximately 50%, depending on the height of the person.

 

Notwithstanding, the eastern windows of the sunroom will continue to enjoy whole views of Wedding Cake Island.

 

It should be noted that the existing dwelling is single-storey in height and is not considered to have realised the full development potential having regard to the preferred solutions for external wall height and FSR as contained in the DCP – Dwelling Houses and Attached Dual Occupancies. Where this property is altered or redeveloped in the foreseeable future, it could be reasonably anticipated that a first floor level would be constructed, and hence would “recapture” some of the lost views.

No. 3 Cairo Street:

The ground floor study rooms will suffer moderate degree of view loss relating to the distant Clovelly Bay headlands. However, oblique views to the whole of Wedding Cake Island will be retained. The study rooms are not the main living areas of the dwelling, and by virtue of the planning principle, should be given a lesser weight in the assessment.

 

The main living room and deck at the first floor level will continue to capture whole views of Wedding Cake Island as well as the distant Clovelly Bay headlands and their interface with the water. The wide horizon and ocean views will be retained. Only minor view obstruction to a small portion of the rock platforms within Trenerry Reserve and general water elements will occur. There will be minimal impact to the quality of the views obtained from the living room and outdoor recreation deck.

 

Overall, the development is not considered to result in any significant adverse view loss impacts on this property.

 

No. 5 Cairo Street:

·      The proposal will result in the loss of approximately 50-70% of the existing restricted views to the Clovelly Bay headlands from the ground floor living room and deck areas. However, the tips of the headlands will still be visible. There will be no impact on the existing iconic views of Wedding Cake Island.

 

The above views to the distant headlands do not constitute “whole” views as defined in the planning principle, as the majority of the headlands are already obscured by the existing dwelling on the subject site. The views do not present panoramic or wide outline of the natural landform. Given that the horizon, the overwhelming majority of the water elements as well as the whole Wedding Cake Island will not be affected, the proposal is considered to have achieved adequate view sharing.

 

·      In relation to the upper floor bedroom areas, approximately 50-60% of the interface between the Clovelly Bay headlands and the water will be obscured. However, the tips of the headlands and their interface with the ocean will be retained. Approximately half of the water elements in Coogee Bay will be obscured. The ridge line in Clovelly will be substantially obscured at a standing position, and completely lost at a sitting position.

 

The above views are obtained directly across the side boundaries of the subject site, which by virtue of the planning principle, are much more difficult to protect. The views are obtained from the bedroom areas, which are less intensely utilised spaces within the dwelling than the main living room and deck.

 

The proposed development will retain views to the majority of the profile and mass of the Clovelly Bay headlands. The key impact relates to the loss of the land-water interface. However, the forefront portion of the headlands and interface with the ocean will continue to be captured.

 

It should be emphasised that the horizon, the overwhelming majority of the water elements as well as the whole Wedding Cake Island will remain unaffected.

 

Furthermore, a specific condition is recommended to require the deletion of approximately half of the privacy screens to the northern and southern elevations of the top floor deck. This will assist in “regaining” part of the water elements in Coogee Bay.

 

No. 7 Cairo Street:

The dwelling will continue to enjoy panoramic views of the ocean, the whole of Wedding Cake Island and the Clovelly Bay headlands from the main living room, bedroom and external decking and balcony. The loss of sky views and tiny amount of general water elements is not considered to constitute a material impact.

 

The existing views from the first floor hallway at the top of the stairs do not contain any highly scenic elements. They only include a glimpse of the distant Clovelly area and the water, and in any case are already severely restricted by the existing building on the subject site and No. 7 Cairo Street itself.

 

Overall, the development is not considered to result in any significant adverse view loss impacts on this property.

 

No. 9 Cairo Street:

The proposed development is situated at a more uphill location and none of the iconic and scenic views currently obtained from this dwelling will be affected.

 

No. 11A Denning Street:

The views from this property are primarily obtained across the front boundaries of the subject site as well as other dwellings on the eastern side of Garnet Street. Having regard to the planning principle, a heavier weighting to retention of these views should be exercised as compared to the scenario for side boundary or oblique views.

 

The proposed development will only result in loss of some filtered water elements through the existing foliage. The broken horizon which is punctuated by the Canary Island Date Palms on Garnet Street will not be affected by the proposal.

 

Overall, the development is not considered to result in any significant adverse view loss impacts on this property.

 

No. 15 Denning Street:

The main living room and deck are located at the ground floor level of the dwelling. As discussed in the above analysis, the majority of the existing restricted views to the rock platforms and wetland areas within Trenerry Reserve will be obscured. It should be noted that the views to Trenerry Reserve and the foreshore features therein are already restricted by the existing dwellings in Garnet Street (including the subject site). They do not constitute “whole” view or one that describes the continuous shore line. Whilst the above views contain scenic quality and are desirable to be retained, they are not considered to be critical having regard to the planning principle. Even when the building height is reduced, say by 1m, the majority of the rock platform areas will still be obscured.

 

The first floor bedrooms and decks will also suffer partial loss of the views to the rock platforms in Trenerry Reserve. The degree of obstruction is less than that for the ground floor areas. It is not considered that the impact on these restricted, partial views of the natural features warrant refusal or further amendment to the development scheme for the same reasons.

 

It should be emphasised that the overwhelming majority of the water elements, the horizon, the whole or part of Wedding Cake Island as well as the distant Clovelly Bay headlands as currently captured in the views from the first, ground and lower ground levels, will not be affected by the development.

 

There is more significant impact on views to Wedding Cake Island from the outdoor terrace at the bottom of the site. The interface between Wedding Cake Island and the water will be obscured at a sitting position. The planning principle has stated that protection of sitting views is often unrealistic in established residential areas. Nevertheless, whole views to Wedding Cake Island will be maintained for other areas of the dwelling examined.

 

It is considered that the amount of ocean, scenic and iconic elements retained significantly outweighs the anticipated view loss, and the proposed development is considered to be acceptable in this regard.

 

No. 9 Garnet Street:

As discussed in the paragraphs above, the proposal will have negligible impacts on the views currently available to this dwelling.

 

No. 11 Garnet Street:

As discussed in the paragraphs above, the proposal will have negligible impacts on the views currently available to this dwelling.

 

No. 15 Garnet Street:

The development will result in a degree of obstruction of the distant headlands in Lurline Bay from the top floor bedroom and deck areas. The views are obtained across the side boundary of the subject site, which under the planning principle, are much more difficult to retain. The views are also highly oblique and are generally available when a person deliberately orientates towards the headlands in question.

 

Notwithstanding, a specific condition is recommended to require removal of approximately 50% of the privacy screens attached to the northern and southern elevations of the proposed top floor deck. It is expected that a substantial proportion of the views towards the Lurline Bay headlands will be retained as a result of this condition.

 

Cairo Street public domain:

The public walkways and stairs in Cairo Street enjoy ocean views with varying degree of visibility of Wedding Cake Island. Based on the previous analysis, the following areas will have their existing views to Wedding Cake Island partially or wholly obscured:

 

Top of stairs – outside No. 15 Denning Street

Landings outside No. 1 Cairo Street

Landings outside No. 3 Cairo Street

 

The lawn areas, which are provided with public seating, at the top of the Cairo Street reserve will not have their views to Wedding Cake Island obstructed by the proposed development. Whole views of Wedding Cake Island will be retained for the landings outside the dwellings at Nos. 5 to 11 Cairo Street.

 

It is acknowledged that some loss of iconic view will occur as a result of the development. However, given the considerable length of the walkways where whole views to Wedding Cake Island will be retained, it cannot be established that the proposal will create a detrimental impact on the amenity of the Cairo Street public domain. In any case, general ocean and horizon views will continue to be available throughout the whole length of the street. It is considered that the proposal will not cause unreasonable impacts on the existing view corridors in the public domain.

 

Implications of landscape planting:

The submitted landscape design includes trees and larger shrubs (including Heath Banksia, Coastal Banksia, Tea Tree and New Zealand Christmas Bush), which are capable of reaching a mature height of 3m. The above species will primarily be planted along the eastern and northern boundaries of the site.

 

Areas along the eastern boundary are situated at low levels at approximately RL 50.82 to RL 50.86. As a reference point, the top of the existing boundary walls near the southern boundary is at RL51.99. It is not expected that the vegetation, when reaching maturity, would contribute to any significant view loss due to its location within the site.

 

The selected species along the northern boundary are not considered to result in any material view loss from the northern neighbours, as their views are primarily obtained from elevated decks and windows.

 

Conclusion:

Based on the above reasons, it is considered that further design changes or refusal of the proposal is unwarranted.

 

It is acknowledged that the proposed development contains deviation from the FSR, external wall height and side setback preferred solutions contained in the DCP. Notwithstanding, as is discussed within the body of this report, the proposal is considered to be of a suitable form, scale and bulk. The dwelling will appropriately relate to the contours of the site subject to condition.

 

The development will not constitute an intrusive element in the area, nor will it result in unreasonable overshadowing or privacy impacts. Overall, the proposed development is considered to be acceptable having regard to the broad performance requirements of the DCP.

 

Therefore, the intrusion of the views is justified when considering the compliance of the proposal with the objectives of the planning controls. It is considered that the potential view loss is reasonable in this instance.

 

9.2    Randwick Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200,000

$1,761,422*

1.0%

$17,614.22

*Note:

 

Development Cost

= construction cost inclusive of GST $1,511,422 + professional fees $250,000

= $1,761,422

 

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

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

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

The Draft Randwick LEP 2012 has been placed on public exhibition.

 

The subject site is zoned R2 Low Density Residential under the Draft LEP. The proposal is consistent with the general aims and the zoning objectives.

 

The LEP map identifies a maximum building height of 9.5m for the site. The proposed building height reaches a maximum of 10.8m. Notwithstanding, the proposed building height is justifiable for the reasons outlined in this report.

 

Clause 4.4 and the LEP map stipulate a maximum FSR of 0.75:1 for the site. The proposed FSR is within the new limit.

 

The proposal is also consistent with the provisions under Clause 6.3 of the Draft LEP relating to Foreshore Scenic Protection Area. The proposal will not result in detrimental visual impacts, subject to the recommended conditions.

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

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

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

Not applicable. 

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

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

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

The environmental impacts of the proposed development on the natural and built environment have been addressed within the body of this report.

 

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

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

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

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

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

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

The proposal promotes the objectives of the 2A Zone and is not considered to result in unreasonable environmental, social or economic impacts on the locality, subject to the recommended conditions. Therefore, the development is considered to be within public interest.

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

Direction:  Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development complies with the relevant objectives and performance requirements of DCP – Dwelling Houses and Attached Dual Occupancies. The proportions, massing, colours, materials and finishes of the development are generally acceptable.

 

The proposed floor space is enclosed within a geometric structural form. The roof profile initially angles upwards to create an apex, and then gradually slopes down to become a levelled awning above the east-facing top floor balcony. The massing of the development would appear to be concentrated on the downhill side of the site and accentuate the visual bulk. It is recommended that part of the batten screens on the northern and southern elevations of the top floor balcony be deleted via a condition of consent, in order to provide visual relief and reduce the solid mass of the building. Where the coverage of the screens is reduced, the overall form and profile of the building would relate more appropriately to the site gradient and achieve an acceptable scale.

 

The design scheme incorporates full-height feature batten screens along the southern elevation. The screens will contribute to the façade articulation and compliment the contemporary architectural expression of the building without resulting in detrimental impacts on the neighbours.

 

The proposal will not result in significant adverse impacts upon the amenity of the coastal foreshore and surrounding properties in terms of view sharing, solar access and privacy, subject to the recommended conditions.

 

Therefore, the application is recommended for approval subject to the attached conditions of consent.

 

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. 534/2011 for demolition of existing structures and construction of a part 2- and part 3-storey dwelling with detached garage fronting Garnet Street, landscaping and associated works, at No. 17 Garnet Street, South Coogee, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan Number/ Title

Dated

Received

Drawn By

DA-01(J)

15/12/11

28 Dec 2011

Chenchow Little Pty. Ltd.

DA-02(G)

15/12/11

28 Dec 2011

DA-03(G)

15/12/11

28 Dec 2011

DA-04(G)

15/12/11

28 Dec 2011

DA-05(H)

15/12/11

28 Dec 2011

DA-06(H)

15/12/11

28 Dec 2011

DA-07(G)

15/12/11

28 Dec 2011

DA-08(F)

15/12/11

28 Dec 2011

Vertical Batten Screen Details (Amendment A)

Undated

28 Dec 2011

L/01(C)

19/05/11

14 Jul 2011

ATC Landscape Architects & Swimming Pool Designers

 

BASIX Certificate No.

Project Name

Dated

377871S_02

17 Garnet Street, Coogee_02

6 July 2011

 

Amendment of Plans & Documentation

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

 

(a)  The triangular portions of the batten screens on the northern and southern elevations of the first (top) floor eastern balcony, as marked in red on the approved drawings, shall be DELETED.

 

(b)  The batten screens along the southern elevation of the development shall be configured in a manner that achieves 50% openness.

 

(c)  A fixed privacy screen with a minimum height of 1600mm, as measured from the finished floor level, shall be installed along the full length of the northern deck adjacent to the Laundry at the ground floor level of the dwelling.

 

The screen shall be constructed with obscured glass; or 30mm wide metal or timber slats, horizontally or vertically positioned, and spaced at a maximum of 10mm; or another appropriate design that effectively restricts cross viewing to the southern windows of No. 15 Garnet Street.

 

(d)  The north-facing window to the living / kitchen areas at the first (top) level of the dwelling shall be constructed with fixed and translucent glazing.

 

3.       No air-conditioning units shall be mounted on the roofs of the development.