Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 24 April 2012

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                                     24 April 2012

 

 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 24 April 2012 at 6pm.

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 27 March 2012

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minutes

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

Urgent Business

Director City Planning Reports (record of voting required)

 

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

 

 

CP23/12    148-158 Anzac Parade, Kensington (DA/689/2011)

CP24/12    2/30 Perry Street, Matraville (DA/441/2011)

CP25/12    26/32 Perry Street, Matraville (DA/442/2011)

CP26/12    14 Reservoir Street, Little Bay (DA/66/2012)

CP27/12    27 Solander Street, Matraville (DA/164/2012)

CP28/12    495-503 Bunnerong Road, Matraville (DA/106/2012)

CP29/12    Reporting variation to development standard under State Environment Planning Policy No. 1 (SEPP1) for the month of March, 2012.

General Manager's Reports

GM12/12    Authority to Increase Hiring Fees - Snape Park Tennis Centre

GM13/12    Draft Randwick City Council Operational Plan 2012-13

Director City Services Reports

Nil

Director Governance & Financial Services Reports

GF14/12    Affixing of the Council Seal - Malabar Occasional Child Care Centre

GF15/12    Investment Report - March 2012

GF16/12    One Association to represent Local Government in NSW - progress report  

Petitions

Motion Pursuant to Notice

NM19/12    Motion Pursuant to Notice from Cr Procopiadis - Developing Sister City relationships with local High Schools

NM20/12    Motion Pursuant to Notice from Cr Procopiadis – Support of Annual funding for the Westpac Helicopter Service

NM21/12    Motion Pursuant to Notice from Cr Notley-Smith - Proposed Justice of the Peace Arrangements.

NM22/12    Motion Pursuant to Notice from Cr Andrews - Funding proposal to address pedestrian amenity and safety issues at Anzac Parade, Maroubra  

 

Closed Session (record of voting required)

CS7/12      T03/12 - Randwick City Council Materials Supply and Disposal Panel Contract

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

Closed Session (record of voting NOT required)

GF17/12    Draft Randwick City Council Operational Plan 2012-13: Confidential Fees and Charges

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

 

Closed Session (record of voting NOT required)

GM14/12    Directors' Employment Contract Extensions

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

  

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council                                                                                                     24 April 2012

 

 

Director City Planning Report No. CP23/12

 

 

Subject:                  148-158 Anzac Parade, Kensington (DA/689/2011)

Folder No:                   DA/689/2011

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Demolition of existing structures and construction of a 7-storey mixed use building comprising 1 commercial suite on ground level; 45 self-contained boarding rooms, 1 caretaker’s flat and communal areas on the storeys above; and basement parking for 9 cars, 10 motorcycles and 10 bicycles.

Ward:                      West Ward

Applicant:                Cracknell & Lonergan Architects Pty. Ltd.

Owner:                         NMRP Pty. Ltd.

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject application is referred to the Ordinary Council Meeting as it involves variation to the development standards by more than 10%.

 

The application was advertised and notified from 28 September to 13 October 2011 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of two (2) submissions were received at the conclusion of the public consultation process. The issues raised in the submissions are primarily related to overshadowing, visual and acoustic privacy impacts, vehicular access and safety, inadequate off-street parking facilities, absence of pedestrian and vehicular access to the adjoining land parcels, excessive building height, inadequate setbacks and over-development.

 

The site is zoned Local Business 3B under RLEP 1998 (Consolidation) and the proposed development is permissible with Council’s consent.

 

The numerical controls on the maximum building height and number of storeys under Part 4 of DCP – Kensington Town Centre are deemed to have been incorporated into the LEP as development standards. The site specific controls under the DCP provide for a 6-storey building and a maximum ceiling height to the topmost storey of 21.6m. The proposed development has 7 storeys and a height of 21.85m to the topmost ceiling at the building corner, and do not comply with the aforementioned standards.

 

The DCP – Kensington Town Centre allows opportunities for the provision of habitable roof space connected to the dwelling units on the level below, in so far as it is contained within an interesting roof form and is not configured as an additional storey. The performance criteria further elaborate that the floor area devoted to habitable roof space does not exceed 40% of the floor below.

 

The proposal substantially breaches the performance criteria of the DCP by providing a full standard storey under a continuous flat roof with nil setbacks from the external wall alignments below. Furthermore, the extra level is merely used to contain additional dwellings, and is not to create larger split-level units with improved amenity for the occupants and more diversified accommodation types. Despite the relatively minor deviation from the maximum ceiling height (to topmost storey) control under Section 4.2.4 of the DCP, the development scheme detrimentally compromises the intent and vision of the DCP in terms of the built form and amenity outcomes.

 

The submitted SEPP 1 Objection does not properly address the key objectives and performance criteria of the DCP that underlie the standard for maximum number of storeys, and fails to present convincing reasons to justify the significant deviation from the control. Accordingly, the Objection is not considered to be well founded and is not supported.

 

The development application has not included any SEPP 1 Objection to justify the non-compliance with the maximum height to underside of the topmost ceiling pursuant to Section 4.2.4 of the Kensington Town Centre DCP, being 21.60m. This inadequacy in the applicant’s submission is a reason for refusal on its own right.

 

The façade articulation fails to appropriately relate to the scale, height and architectural character of the adjoining Contributory Buildings to the north at Nos. 126-146 Anzac Parade. Specifically, the façade composition on the Anzac Parade elevation should make reference to the two-storey scale of the contributory item via the use of horizontal architectural elements. Furthermore, a more in-depth analysis of the exterior colour scheme and material palette should have been undertaken to provide a proper response to the architectural expression, colours and tone of the Contributory Buildings.

 

The proposed development has not incorporated sufficient stepping towards the adjoining Coptic Church on Bowral Street. The height of the building at the interface with the Coptic Church will significantly obscure views to the latter’s western dome and cross, and will not maintain the diversity and character of the local streetscape.

 

Although the proposal has reserved approximately 3.6m setback from the northern common boundary at the ground level, the setback areas are under cover by the first floor balconies above. The northern setback is reduced to 2.3m as measured to the balconies from the second level onwards. The proposal does not comply with the 3.5m northern setback requirement of the Kensington Town Centre DCP, and will hinder the creation of a formal pedestrian through-site link to the Coptic Church in the future. A minimum 3.5m clear setback across all levels should be fully achieved.

 

The development scheme fails to satisfactorily address a number of design quality principles stipulated in SEPP No. 65 – Design Quality of Residential Flat Development and recommendations of the Design Review Panel relating to context, scale, built form, density, energy efficiency, landscape, amenity, social dimensions and aesthetics.

 

The development entails a parking deficiency of 7 spaces having regard to the provisions of the SEPP (Affordable Rental Housing) and DCP – Parking. The application has not included any parking report to justify the shortfall in parking provision. Additionally, the proposed tandem parking arrangement will not enable car spaces to be accessed independently by residents and will become highly problematic in terms of their use and management. Furthermore, the car space dimensions do not fully satisfy the requirements of Australian Standard 2890 series.

 

The flood mitigation measures required by Council’s Development Engineer relating to finished floor levels, driveway entry and emergency exits have not been incorporated in the proposal.

 

The proposal has not included any waste storage facilities for the commercial component.

 

For the above reasons, it is considered that the proposal is not within public interest and is recommended for REFUSAL.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot A in DP 106027, Nos. 148-158 Anzac Parade, Kensington. The site is located on the northern side of the intersection between Anzac Parade and Bowral Street. The site has frontage lengths of 31.445m and 13.55m to Anzac Parade and Bowral Street respectively, and a land area of 423.8m2. At present, the site accommodates a group of attached commercial buildings of 2 storeys in height.

 

To the north is a row of 2-storey commercial buildings with frontage to Anzac Parade (Nos. 126-146 Anzac Parade). To the east is the Orthodox Coptic Church complex (Nos. 1-3A Bowral Street). To the south on the opposite side of Bowral Street is a 2-storey commercial building and a number of detached dwellings. To the west on the opposite side of Anzac Parade are a number of 2-storey commercial buildings.

 

The locality is undergoing transition and is characterised by a mixture of commercial, retail and low to high density residential developments.

 

1. Existing buildings on the subject site as viewed from the median strip of Anzac Parade

 

2. Adjoining Orthodox Coptic Church to the east of the site

3. Existing 2-storey commercial buildings to the north of the site which are identified as a Contributory Item under the Kensington Town Centre DCP

4. Existing 2-storey commercial buildings to the north of the site (middle and left)

 

3.      The Proposal

 

The proposed development includes the following elements:

·      Demolition of all existing structures on the site.

·      Construction of a 7-storey mixed use building comprising a commercial suite on ground level and 45 x self-contained boarding rooms, 1 x caretaker’s flat and communal areas on the upper storeys.

·      Construction of basement parking for 9 cars, 10 motorcycles and 10 bicycles.

 

4.      State Environmental Planning Policy No. 1 Development Standards

 

4.1    Proposed variation to the development standards

 

The proposal seeks to vary a number of controls contained within Kensington Town Centre DCP, which are deemed to have been incorporated into RLEP 1998 (Consolidation) as development standards. SEPP 1 Objections have been submitted to Council.

 

Minimum allotment size for development:

 

Clause 4.1.1 of the DCP stipulates that corner sites may be developed if they have a minimum area of 900m2, regardless of frontage. The subject site has a land area of only 423.8m2 and entails a non-compliance of 47%.

 

Maximum height of development:

The DCP stipulates the following controls:

4 storeys, plus 2 storeys setback 4m from the northern, southern and western edges of the building

4 storeys with nil setbacks from street frontages, plus 3 storeys above which are partly setback from the Anzac Parade boundary = 7 storeys in total (17% non-compliance)

Height to underside of topmost ceiling:

Minimum 19.4m

Maximum 21.6m

Corner – 21.85m (1% non-compliance)

Remaining portions – 20.85m (complies)

 

4.2    SEPP 1 assessment

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

 

Matter 1

 

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

 

The stated objectives of the minimum allotment size standard as outlined in the DCP are:

 

·      To facilitate redevelopment when existing lots are too small to achieve a change in building type.

·      To ensure that redevelopment achieves an appropriate scale and is able to meet the Performance Criteria of this Plan.

·      To achieve new residential development comprising dual aspect, cross-ventilated apartments located on the perimeter of lots.

·      To maintain street rhythm and expression.

·      To achieve a neighbourhood supermarket centre within the Retail Core of the Kensington Town Centre.

 

The stated objectives of the building height standard as outlined in the DCP are:

 

·      To ensure appropriate scale relationship between new development and: street width; local context; adjacent dwellings; and Contributory Buildings.

·      To achieve well-proportioned buildings.

·      To maintain public view corridors from the east side of Randwick Racecourse over the Town Centre to the Monastery of the Missionary of the Sacred Heart.

·      To ensure appropriate management of overshadowing, access to sunlight and privacy.

·      To ensure appropriate floor to ceiling height within buildings.

·      To achieve a visual transition between the heights of buildings on Anzac Parade and the heights of buildings ‘behind’ the main street.

 

The applicant has submitted written SEPP 1 Objections, which outline the following key justifications for the variation to the aforementioned development standards.

 

Minimum allotment size for development:

Applicant’s SEPP 1 Objection:

 

 

It is considered that the proposed variation from the minimum allotment size standard is satisfactory and that the submitted SEPP 1 Objection is well founded for the following reasons:

 

·      The site specific controls for Block 03 under Part 4 of the Kensington Town Centre DCP identify the subject site as Defined Parcel B. The controls allow for a 4- to 6-storey development within Defined Parcel B. Therefore, the subject site has been envisaged as being suitable for a multi-storey building, and it is unreasonable to refuse the proposal solely due to the non-compliance with the 900m2 minimum land area requirement.

·      The site has a regular configuration with dual frontages to Anzac Parade and Bowral Street. The site has sufficient area to accommodate a multi-storey mixed use development. The corner location will also maximise opportunities for natural lighting and ventilation.

 

Maximum height of development

Applicant’s SEPP 1 Objection:

 

It is considered that the proposed development and variations from the building height standards are not satisfactory, and that the submitted SEPP 1 Objection is not well founded for the following reasons:

 

·      The applicant’s SEPP 1 Objection attempts to argue that the development scheme will fit into an envelope for a 6-storey building, although it actually contains 7 full levels.

 

The proposal is in direct contradiction to the site specific controls for Block 03 under Part 4 of the Kensington Town Centre DCP. The Block 03 controls clearly and unambiguously prescribe a 6-storey building, where the lowest 4 levels will have nil setbacks from the street alignments.

 

The DCP, however, allows opportunities for the provision of habitable space within the roof form. Section 4.6.9(a) provides that habitable roof spaces connected to the storey below by internal stairs could be a viable design option in so far as they are designed within an interesting roof form and are not configured as an additional storey. Specifically, the key objective of the control is to ensure that “habitable roof spaces are a result of roof forms rather than ‘pseudo’ storeys”. The following performance criteria in the DCP are particularly relevant to the subject proposal:

 

ii

Connect habitable roof space to an apartment below.

iv

Demonstrate that the total floor area devoted to habitable roof space does not exceed 40% of the floor below.

vi

Ensure that, when viewed from an adjoining public road or private property, the roof form (including habitable roof, associated private open space or plant and service areas) has the appearance of a roof and not an additional storey or an extension of the external vertical façade.

viii

A continuous flat roof with habitable space within it will be regarded as a pseudo storey and will not be approved.

 

In the light of the above performance criteria, it could be seen that the DCP is very clear and specific in terms of the built form outcome it seeks to achieve. Based on the control provisions, the floor space in the extra (sixth) level should have been contained within the roof form. The roof structures would need to be appropriately designed to enhance the architectural character of the building. The floor plate for the top (sixth) level should also be substantially reduced so that it does not form a ‘pseudo’ storey. The floor space should be configured to provide additional rooms directly connected to the storey below, so that larger split-level dwelling units could be created.

 

The proposal breaches the performance criteria of the DCP by providing a full standard storey under a continuous flat roof with nil setbacks from the external wall alignments below. Furthermore, the extra level is merely used to contain additional dwelling units, and is not to create larger split-level units with improved amenity for the occupants and more diversified dwelling types. Despite the relatively minor deviation from the maximum ceiling height (to topmost storey) control under Section 4.2.4 of the DCP, the development scheme detrimentally compromises the intent and vision of the DCP in terms of the built form and amenity outcomes.

 

The submitted SEPP 1 Objection does not properly address the key objectives and performance criteria of the DCP that underlie the building height standard, and fails to present convincing reasons to justify the significant deviation from the control. Accordingly, the Objection is not considered to be well founded and is not supported.

 

·      The development application has not included any SEPP 1 Objection to justify the non-compliance with the maximum height to underside of the ceiling of the topmost floor under Section 4.2.4 of the Kensington Town Centre DCP (which has been incorporated into RLEP 1998), being 21.60m. This inadequacy in the applicant’s submission is a reason for refusal on its own right.

 

·      The proposal has not incorporated Council’s freeboard requirements for flood protection purposes. Where the floor levels are raised in accordance with Council’s specification, the resultant building height would be further increased and hence would exacerbate the non-compliance with the height controls.

 

·      The additional storey being sought is not compensated by any positive urban design benefits. In contrast, the design scheme is not considered to be appropriately related to the adjoining properties:

 

Incompatibility with Contributory Buildings at Nos. 126-146 Anzac Parade:

The façade articulation fails to appropriately relate to the scale, height and architectural character of the adjoining Contributory Buildings to the north at Nos. 126-146 Anzac Parade. The façade composition on the Anzac Parade elevation should make reference to the two-storey scale of the contributory item via the use of horizontal architectural elements. Furthermore, a more in-depth analysis of the exterior colour scheme and material palette should have been undertaken to provide a proper response to the architectural expression, colours and tone of the Contributory Buildings.

 

Incompatibility with Coptic Church at Nos. 1-3A Bowral Street:

The proposed development has not incorporated sufficient stepping towards the adjoining Coptic Church on Bowral Street. The amenities areas of the southern-most unit (R17) on the third level are built to the eastern common boundary. As is demonstrated in the submitted photomontage, the height of the building at the interface with the Coptic Church will significantly obscure views to the latter’s western dome and cross. Where the amenities areas are relocated with the space in question replaced with an open terrace or non-trafficable roof, an appropriate transition in scale could be achieved with retention of additional views to the western church dome. This would add to the diversity and character of the local streetscape via the maintenance of visual connection to the silhouette and form of the church building from the surrounding areas.

 

Although the proposal has reserved approximately 3.6m setback from the northern common boundary at the ground level, the setback areas are under cover by the first floor balconies above. The northern setback is reduced to 2.3m as measured to the balconies from the second level onwards. The proposal does not comply with the 3.5m northern setback requirement, and will hinder the creation of a formal pedestrian through-site link to the Coptic Church in the future. A minimum 3.5m clear setback across all levels should be fully achieved. The proposal is not acceptable in this regard.

 

In conclusion, the form and height of the development are considered to result in detrimental impacts on the amenity of the surrounding areas and are not supported. The submitted SEPP 1 Objection for building height (that is, maximum number of storeys) has not appropriately addressed the consistency of the proposed development with the underlying and stated purposes of the standard, the local planning objectives for the locality and objectives of the Act. The objection has not adequately and convincingly justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case. As such, it is considered that the objection is not well founded.

 

Matter 2

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

 

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

 

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

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

 

Comments:

The proposed variations from the building height standard are not consistent with the aims of SEPP 1 as they would detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the development works would not promote the orderly and economic use of the land, and would result in significant adverse environmental impacts on 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 building height standard do not raise any matters of significance for State or regional environmental planning.

 

The strict adherence to the building height standard, in this instance, will ensure the provision of an appropriately scaled development in a mixed use precinct.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the building height standards is reasonable and necessary as the design scheme will not achieve the objectives of the development standards.

Second

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

 

Comments:

The underlying objective or purpose of the building height development standards is relevant to the subject proposal.

Third

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

 

Comments:

The underlying objective of the building height standards would not be defeated or thwarted as full numerical compliance in this particular instance is reasonable.

Fourth

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

 

Comments:

The development standards in question have not been abandoned or discarded by any decision or actions of Council. There has been no precedent established by Council’s assessment decisions, which in effect would abandon the development standards prescribed in the LEP.

Fifth

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

 

Comments:

The site is zoned B2 Local Centre under the Draft RLEP 2012. The objectives of the B2 zone are similar to those for Local Business 3B under the current LEP. The existing zoning is not considered to be inappropriate for the locality.

 

5.      Site History

 

5.1    Application history

2 December 2011

A request was sent to the applicant requesting the submission of revised drawings and additional information to address various issues including:

 

·      The Block 3 control in the Kensington Town Centre DCP clearly stipulates a maximum number of storeys of 6 for the subject site. The proposal includes 7 full storeys and deviates significantly from the control.

·      The northern setback is to be increased to 3500mm to the outer edge of the balconies. This setback is to be maintained across all levels.

·      The adjoining Coptic Church has western windows attached to office and classroom / function room areas. The proposal would significantly reduce day light access to these windows.

·      Ramped access should be provided to the ground floor commercial suite and main lobby.

·      A parking study including survey of the availability of on-street parking in the vicinity to the site is to be prepared.

·      The proposed tandem parking arrangement would be highly problematic for the future residents.

·      The site is located adjacent to an overland flow path. The floor levels are to be increased as per the advice of Council’s drainage engineers.

 

The letter stipulated a timeframe of 21 days for the submission of the documents.

18 January 2012

An email was sent to the applicant requesting revised drawings and additional information to be lodged by 2 February 2012.

19 January 2012

Draft amended plans were emailed to Council for comments.

20 January 2012

An email was sent to the applicant advising that the draft amended design is unsatisfactory and that the application should be withdrawn.

7 February 2012

The architect requested a time period of 3 weeks (that is, by 28 February) to complete amended drawings for Council’s assessment.

8 February 2012

An email was sent to the architect to confirm whether the revised drawings will be lodged by the end of February. The architect did not reply.

7 March 2012

Draft amended plans were emailed to Council for comments.

9 March 2012

An email was sent to the architect requesting the withdrawal of the application due to the prolonged delay in the finalisation of the revised design and that no parking and equitable access assessment has been undertaken. It was advised that Council is not in a position to accept further amendments.

9 March 2012

The architect requested one more opportunity to submit amended documents.

9 March 2012

The assessment officer replied by email and emphasised that Council has to proceed with final assessment and reporting of the application, but allowed submission of amended plans by noon on 13 March 2012. If no amended documents are received by then, the final assessment will be undertaken based on the initial drawings. 

13 March 2012

No response was received from the applicant.

 

No amended drawings and documents have been received to date. The assessment officer has already given a number of opportunities for the applicant to submit revised documents. There have been delays and a lack of commitment on the part of the applicant to provide amended documents to enable finalisation of assessment. It should be noted that the draft amended plans were issued for preliminary review by the assessment officer and have not been formally lodged with Council. It is therefore considered appropriate to proceed with the reporting of the application based on the initial documentation.

 

5.2    Previous development approvals relating to the site

There are a number of development approvals for shop fit-out, change of use and footpath dining relating to the subject site.

 

6.      Community Consultation

 

The subject application was advertised and notified from 28 September to 13 October 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:

 

·      PO Box 52, Kensington NSW 1465

·      Carroll & Carroll Architects on behalf of owners of Nos. 146 and 146A Anzac Parade and Nos. 18, 20, 22, 24 and 26 Ascot Street

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposed development will overshadow the west-facing windows of the adjoining church building. Additional side setback should be provided to the upper levels of the development with the scale of the eastern boundary walls reduced.

The building height envisaged in the Kensington Town Centre DCP would not allow retention of direct sunlight to the western side windows of the Coptic Church, which are setback only approximately 1000mm from the common boundary. It is noted that the side windows on the first and second levels of the church are attached to office and function room areas and are constructed with glass blocks.

 

However, the location of the access hallways and stairwells of the development could be adjusted to match at least part of the neighbour’s 1000mm side setback, so that ‘light wells’ on either side of the common boundary could be created. In this manner, a degree of reflected ambient light to the neighbouring property could be maintained.

 

The design in its current form is not considered to have minimised amenity impacts upon the adjoining church premises.

The windows and terraces on the upper levels of the development should not overlook the windows and courtyard of the neighbouring church premises.

 

The visual and acoustic privacy of the church should not be compromised.

The eastern neighbour is a church complex. The windows on the western elevation of the church building are constructed with obscured glass blocks. Therefore, the hallway windows on the residential floors are not considered to result in detrimental privacy impacts.

 

However, the terraces of Units R32, R39 and R46 would overlook the courtyard of the church due to their elevated position. No screening devices have been proposed. It is considered that a suitable level of privacy for the church courtyard should be maintained to enable the proper conduction of religious function and practices. The proposal in its current form is not considered to be appropriate having regard to privacy protection for the neighbouring property.

The design of the car park entry / exit should not adversely affect the safety of pedestrians.

The driveway exit is setback only 600mm from the eastern common boundary. Council generally requires any walls adjacent to the exit to be lowered to a maximum height of 600mm, or be splayed 1500mm x 1500mm. No splayed corner has been included. The driveway design is not considered to be acceptable on safety grounds.

The proposal has not provided adequate off-street parking facilities.

Noted. Refer to the “DCP” section of this report for detailed comments.

The proposal does not provide any pedestrian / vehicular access to the adjoining Site A, the Coptic Church chapel and Block T01. The proposal does not comply with the provisions of the Kensington Town Centre DCP.

Right of way to land parcel A:

The provision of a right of carriageway for vehicular or pedestrian access to Nos. 126-146 Anzac Parade (identified land parcel A) is not considered to be necessary and desirable.

 

Access to the aforementioned properties could readily be achieved via a right of carriageway off Ascot Street that is aligned in a straight north-south direction.

 

The creation of a right of way via the subject site would create a ‘dog-leg’ in the access way which is indirect in its alignment and compromises legibility and community safety. 

 

Access to church chapel:

Although the proposal has reserved approximately 3.6m setback from the northern common boundary at the ground level, the setback areas are under cover by the first floor balconies above. The northern setback is reduced to 2.3m as measured to the balconies from the second level onwards.

 

The proposal does not comply with the 3.5m northern setback requirement of Council’s Kensington Town Centre DCP, and will hinder the creation of a formal pedestrian through-site link to the Coptic Church in the future. A minimum 3.5m clear setback across all levels should be fully achieved. The proposal is not considered to be acceptable in this regard.

The proposal exceeds the maximum height limit of 6 storeys as stipulated in the DCP.

Noted. Refer to the “SEPP 1” and “DCP” sections of this report for detailed comments.

The proposal does not comply with the setback controls of the DCP.

The setbacks from the Anzac Parade and Bowral Street frontages are considered to be acceptable.

 

The proposal has not reserved adequate setback from the northern property boundary and is not supported. Refer to the “DCP” section of this report for details.

The proposal will result in unreasonable overshadowing of the surrounding areas.

The proposal will not result in unreasonable overshadowing of the dwelling houses on the southern side of Bowral Street .

The proposed north-facing units will adversely affect the privacy of any future dwelling units constructed on Block T01.

Noted. Refer to the “DCP” section of this report for detailed comments.

The DCP requires that any right of carriageway is not to be built over.

No right of way is proposed for the development.

The proposal will ‘over power’ the streets and the adjoining Coptic Church and represents an over-development of the site.

The proposed built form and façade articulation are not considered to appropriately relate to the adjoining Coptic Church and the Contributory Buildings to the north at Nos. 126-146 Anzac Parade. Refer to the “DCP” section of this report for detailed comments.

 

7.      Technical Officers Comments

 

7.1    Building Surveyor

The comments provided by Council’s Building Surveyor are extracted below:

 

BCA Building Classification

Class 3 – Residential units

Class 7a – Car park

 

Description of the Building

In summary, the building incorporates:

·      A ‘rise in storeys’ of 7

·      Masonry walls, metal roof and concrete floors

·      One exit stairway, of concrete construction

·      A total of 46 sole occupancy units and ground floor commercial space

·      External balconies

·      Side boundary building setbacks of up to nil

 

Key Issues

 

Building Code of Australia (BCA):

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

 

Site Management:

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

 

7.2    Development Engineer

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

 

Flooding issues

The Planning Officer is advised that the subject development site is located adjacent to an overland flow path and a flood study for the catchment commissioned by Council has confirmed the site will be subject to inundation by floodwaters during major storm events.

 

The application was discussed with Council’s Drainage Engineer who has flood levels relevant for the site obtained from the Kensington/Centennial Park Flood Study and has provided the following comments.

 

I have reviewed DA/689/2011 for 148-158 Anzac Parade, Kensington from a floodplain management perspective and the following comments are provided.

 

·      The ground floor level shall be raised to a level no less than the 1% Annual Exceedance Probability (AEP) flood plus half a metre freeboard (i.e. 27.0m + 0.5m = 27.5m AHD).

·      The outdoor court yard shall be raised to a level no less than the 20% AEP flood (i.e. 26.3m AHD).

·      The driveway entry to the basement shall be adjusted to include a crest on the driveway within the property that is no less than the 1% AEP flood plus 0.3m freeboard (i.e. 27.0m + 0.3m = 27.3m AHD)

·      All emergency exits and other openings to the basement shall be sealed to a level no less than the 1% AEP flood plus half a metre freeboard (i.e. 27.0m + 0.5m = 27.5m AHD).

·      Suitable warning systems, signage and exits shall be provided to ensure the safe evacuation of persons from the basement during flooding.

·      A backflow prevention device shall be installed on the basement pump out system to prevent the backflow of water to the basement.

·      The structure shall be constructed to withstand the forces of flood waters, including debris and buoyancy for the 1% AEP flood.

·      The structure shall be constructed from flood compatible building materials below the 1% AEP flood plus half a metre freeboard.

 

In light of the Drainage Engineer’s comments it is apparent that significant amendments will be required for Development Engineering to be in a position to support this application. It should also be noted that flood levels were emailed to the Hydraulic Engineer by John Flanigan in August 2011 and so the applicant should be aware of the flooding issues affecting the site.

 

Parking Issues

Parking shall be provided for both the boarding house and commercial components of the development.

 

For the commercial component

Parking is assessed as per the general rate for business premises provided in Council’s DCP-Parking stated as 1 space per 40m2.

 

For the subject site with 230.6m2 of commercial area this will require the provision of 5.8 spaces for the commercial component.

 

For the boarding house component

The provisions of the SEPP Affordable Housing override Council’s DCP-Parking and state in regulation 29(2)(e) that consent authorities must not refuse consent to development on the grounds if:

 

(i)   in the case of development in an accessible area-at least 0.2 parking spaces are provided for each boarding room, and

(ii)  in the case of development not in an accessible area-at least 0.4 parking spaces are provided for each boarding room, and

(iii) in the case of any development-not more than 1 parking space is provided for each person employed in connection with the development more than one parking space is provided for each 10 boarding rooms or part thereof.

 

For the subject site consisting of 45 boarding rooms plus caretaker and assuming the assessing officer is satisfied the site is located within an ‘accessible area’ parking required for the boarding house are calculated as follows.

 

Parking required for Boarding House = 45 x 0.2 +1 (caretaker) = 10 spaces

 

The Affordable Housing SEPP also states in regulation 30(h) that consent authorities must not consent to development unless at least one parking space is provided for a bicycle and one for a motorcycle for every 5 boarding rooms.

 

As the number of boarding rooms is 45 this will require the provision of 9 bicycle and 9 motorbike spaces. The submitted plans demonstrate compliance with this requirement.

 

TOTAL PARKING REQUIRED FOR DEVELOPMENT       

= 6 (Commercial) + 10 (Boarding House)

= 16 spaces

 

TOTAL PARKING PROPOSED IN DEVELOPMENT  = 9 spaces

PARKING DEFICIENCY                                         = 7 spaces (43.8%)

 

The parking deficiency is excessive even allowing for the sites location adjacent to major bus routes on Anzac Parade and proximity to Kensington Town Centre.  In the absence of any supporting documentation such as a parking impact study Development Engineering does not accept this large shortfall and cannot support the application. The following additional Information shall therefore be submitted before assessment of the application can continue.

 

·      Proposed parking allocation between boarding house and commercial components shall be indicated on the architectural plans.

 

·      Any parking shortfall shall be justified by the submission of a parking study/assessment which shall include a parking survey assessing the availability of on-street parking in the vicinity of the development site.

 

Parking Layout

Carspace dimensions, aisle widths, ramp grades, car sweeping paths, etc shall comply with the minimum requirements of Australian Standard 2890.1:2004 and be indicated on the architectural plans. This includes dimensions for the motorbike spaces and the entry ramp grade as it is noted these have not been included on the present set of plans.

 

Development Engineering does not support the use of tandem car spaces in the basement car park. All car spaces should be able to be accessed independently.

 

Any reliance on car stackers to make up the parking deficiency should be kept to a minimum and details showing the mechanical specifications of the car stacker shall be submitted.

 

Waste Management Comments

The assessing officer is advised there are some minor issues with the waste management arrangements for the site which can also be addressed in the submission of amended plans.

 

For Boarding House Component

It is noted that the submitted waste management plan (WMP) has adopted a bin rate halfway between the boarding house rate and multi-unit dwelling rate specified in Council’s ‘Waste Management Guidelines for Proposed Developments’. This is acceptable but it is noted that the WMP has underestimated the number of recycling bins required because it has assumed a weekly collection for recyclables. The applicant is advised that recyclables are collected by council fortnightly which effectively doubles the amount of recycling bins required than what is estimated in the WMP.

 

Based on the rate specified in the Waste Management Plan the development would therefore require 18 x 240L bins + 16 recycling bins for the boarding house component being a total of 34 bins.

 

The miscalculation in the number of recycling bins appears to have been recognized in the drawings as it is noted that the bin room in the basement has been sized to accommodate 33 bins. This is acceptable to Development Engineering.

 

The applicant is also advised however that should it be required in any redesign Development Engineering would accept a small reduction in the number of bins provided for the boarding house component since only a small kitchenette is provided in each boarding room rather than a full-sized kitchen. In this regard our minimum requirement would be 26 x 240L bins for the boarding house component.

 

For Commercial Component

As the future use of the commercial area is unknown estimating likely waste generation can be problematic. Development Engineering must also consider the possible future division of this commercial area into smaller commercial tenancies.

 

The WMP has gone into some admirable detail in estimating the future waste generation rates and come up with the number of 32 bins (16 normal + 16 recycling) required for the commercial component.

 

The applicant is advised however that commercial tenancies tend to have rubbish collected at an increased frequency either through council or private contractor and it is considered provision for 32 bins is probably not necessary and onerous. Development Engineering would accept a provision for half of this amount i.e. 16 bins (8 normal & 8 recycling). We would require this area however to be clearly indicated on the architectural plans and be physically separated from the waste bin area for the boarding house. At present the WMP only states that it will be provided within the commercial area which is insufficient detail.

 

In Summary

Due to the significant flooding and parking issues affecting the site Development Engineering does not support the application. As the amendments required to comply with Council’s requirements will be quite significant the assessing officer may wish to consider advising the applicant to withdraw the application.

 

Comments:

·      The current drawings have not adjusted the levels for the ground storey, outdoor areas, driveway entry and emergency exits in accordance with the advice of Council’s drainage engineer. The design in its current form cannot be supported due to potential flooding and safety problems.

 

·      Council’s Development Engineering Section requires a minimum of 26 x 240-litre bins for the boarding house and 16 x 240-litre bins for the commercial suite. The commercial and residential waste storage areas need to be physically separated.

 

The proposal only provides a single bin room for the boarding house on the basement level with a capacity of 33 standard bins. No separate garbage room has been provided for the commercial suite. The proposal does not satisfy Council’s waste management requirements for the commercial component and therefore cannot be supported.

 

The issues relating to off-street parking will be further discussed in the following sections of this report.

 

7.3    Sydney Airport Corporation Ltd. (SACL) / Civil Aviation Safety Authority (CASA)

 

Under the provisions of the Civil Aviation (Buildings Control) Regulation, the concurrence of the Sydney Airport Corporation / Civil Aviation Safety Authority is required as the proposed building has a maximum height in excess of 15.24m above existing ground level and may fall within the Conical Surface of the Obstacle Limitation Surfaces for Sydney Airport.

 

The requirements of SACL / CASA in relation to height restrictions, crane installation and construction management could be imposed as conditions of consent.

 

8.      Master Planning Requirements

 

A master plan is not required for the subject proposal.

 

9.      Relevant Environmental Planning Instruments

 

9.1    Randwick Local Environmental Plan 1998 (Consolidation)

The site is zoned 3B Local Business under RLEP 1998. Developments incorporating boarding house accommodation that is attached to business premises are permissible with Council’s consent.

 

Clause 14 Zone No. 3B (Local Business Zone)

The objectives of the 3B Zone are addressed as follows:

 

(a)    To provide opportunities for local retail and business development in the City of Randwick, and

The ground floor commercial / retail tenancy will provide activation to the public domain and reinforce the commercial character of the Kensington Town Centre. The proposal will also introduce a residential population that contributes to the viability and vibrancy of the businesses within the Centre.

 

(b)    To provide opportunities for associated development such as car parking and service industries, and

The proposal has not provided adequate off-street car parking to support the boarding house and commercial uses. Refer to the “DCP” section of this report for details.

 

(c)    To provide opportunities for residential accommodation in local business centres where it does not interfere with the primary business function of the zone, and

The proposal will introduce a residential population that contributes to the viability and vibrancy of the businesses within the Kensington Town Centre.

 

(d)    To minimise the impact of development on adjoining and nearby residential zones, and

The proposal incorporates a large number of dwelling units that are oriented to the northern side boundary, which would compromise the privacy and amenity of any future development on the adjoining site. The design scheme is not considered to have minimised the impact of the development upon adjoining land.

 

(e)    To encourage housing affordability, and

The proposal will broaden the housing mix and offer more affordable form of residential accommodation in the locality.

 

(f)    To encourage the provision and use of public transport.

The proposed development will contribute to the demand and viability of public transport services along Anzac Parade.

 

Clause 42C Kensington Town Centre

The objectives of the Kensington Town Centre are addressed as follows:

 

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

The proposed façade articulation and finishes palette fail to appropriately relate to the scale, height, materials and architectural character of the adjoining Contributory Buildings at Nos. 126-146 Anzac Parade to the north. The design in its current form is not considered to have adequately responded to the immediate context.

 

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

The ground floor commercial / retail tenancy will provide floor space for businesses that service the local community.

 

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

The proposal will introduce a residential population that contributes to the viability and vibrancy of the local businesses.

 

(d)    To encourage a variety of medium density housing forms that compliment the development within the town centre and that do not have an adverse impact on surrounding residential areas,

The proposal incorporates a large number of dwelling units that are oriented to the northern side boundary, which would adversely compromise the privacy and amenity of any future mixed use development on the adjoining site. The design scheme is not considered to have minimised the impact of the development upon adjoining land.

 

(e)    To encourage the amalgamation of land to facilitate redevelopment within the town centre,

The site is regularly dimensioned and has dual frontages with sufficient land area to accommodate the proposed land uses.

 

(f)    To facilitate development within the town centre that supports the regional entertainment industry,

Not applicable.

 

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

The development scheme has not demonstrated the provision of satisfactory equitable access for people with disabilities. Based on the current information, the proposal is not considered to achieve an acceptable social planning outcome.

(h)    To encourage and facilitate the provision of vehicular access and off-street parking to support the local businesses,

The proposal has not provided adequate off-street car parking to support the boarding house and commercial uses. 

 

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

The ground floor commercial / retail tenancy will offer activation to the surrounding streets. The proposed land uses will contribute to the demand and viability of public transport services along Anzac Parade.

 

(j)    To ensure appropriate conservation of the environmental heritage and recognition of the characteristics of buildings with architectural merit,

The proposed façade articulation fails to appropriately relate to the scale, height and architectural character of the adjoining Contributory Buildings to the north. The Anzac Parade elevation should have made reference to the two-storey scale of the contributory item via the use of suitable horizontal architectural elements. A more in-depth analysis of the exterior colour scheme and material palette should also have been undertaken to provide a proper response to the appearance of the Contributory Buildings.

 

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

The proposal has not incorporated adequate sun protection devices on the western elevation and is not considered to have addressed the thermal comfort and environmental sustainability of the building.

 

(l)     To improve the overall environmental quality of the Kensington Town Centre.

The proposed design is not considered to appropriately relate to the adjoining Contributory Buildings to the north.

 

The proposal has not appropriately resolved the interface between the ground floor level and the public footpaths due to the freeboard requirements. The proposed finished floor level for the ground storey is RL26.20. Council’s drainage engineer has advised that the ground level needs to be raised to RL27.50. The raising of the ground floor levels for flood protection purposes is likely to create continuous blank walls of 1300mm in height along the street frontages. The proposal fails to consider any architectural treatment to the ground floor blank walls to provide a proper visual address to the public domain.

 

Accordingly, the proposal in its current form is not considered to positively contribute to the environmental quality of the Town Centre.

 

Clause 42C(4) provides that the following requirements of the Kensington Town Centre DCP apply to the development as if they were incorporated into the LEP:

 

(a)    Maximum number of storeys

(b)    Maximum height of development (to underside of ceiling of the topmost floor)

(c)    Minimum frontage for development

(d)    Minimum allotment size for development

 

These controls will be addressed under the “DCP” section of this report.

 

9.2    State Environmental Planning Policy (Affordable Rental Housing) 2009

The subject application is made pursuant to the SEPP (Affordable Rental Housing) and requires assessment under Clause 29 – Standards that cannot be used to refuse consent, Clause 30 Standards for boarding houses and Clause 30A Character of local area. The following tables outline the assessment:

 

Assessment of Clause 29 – Standards that cannot be used to refuse consent

Standard

Assessment

The density and scale of the buildings when expressed as a floor space ratio are not more than:

 

(c)  if the development is on land within a zone in which residential flat buildings are permitted and the land does not contain a heritage item – the existing maximum FSR for any form of residential accommodation permitted on the land, plus:

 

(i) 0.5:1, if the existing maximum FSR is 2.5:1 or less, or

(ii) 20% of the existing maximum FSR, if the existing maximum FSR is greater than 2.5:1.

Not applicable.

Building height

If all proposed buildings comply with the maximum building height under another environmental planning instrument for any building on the land (i.e. 6 storeys, height to underside of topmost ceiling: min 19.4m, max 21.6m).

Number of storeys:

7 storeys

Does not comply, a SEPP 1 Objection has been submitted.

 

Height to underside of the topmost ceiling:

Corner – 21.85m

Does not comply, no SEPP 1 Objection has been submitted

Remaining portions – 20.85m

Landscaped area

If the front setback area is compatible with the streetscape in which the building is located.

The existing developments within the subject urban block do not have front setback to Anzac Parade at ground level. No ground floor front setback is proposed. The proposal is considered to be satisfactory in this regard.

Solar access

Where the development provides for one or more communal living rooms, if at least one of those rooms receives a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter.

Complies.

Private open space

If at least the following private open space areas are provided (other than the front setback area):

(i) one area of at least 20 square metres with a minimum dimension of 3 metres is provided for the use of the lodgers;

(ii) if accommodation is provided on site for a boarding house manager - one area of at least 8 square metres with a minimum dimension of 2.5 metres is provided adjacent to that accommodation.

Lodgers:

The communal balcony on the first level has an area of less than 10m2 and is only 1.4m wide.

Does not comply.

 

Boarding house manager:

The balcony attached to the caretaker’s flat has an area of less than 5m2 and is only 1.4m wide.

Does not comply.

Parking

(i) in the case of development in an accessible area – at least 0.2 parking spaces are provided for each boarding room, and

(iii) in the case of any development – not more than 1 parking space is provided for each person employed in connection with the development and who is resident on site

The site is located within an accessible area.

 

Requirement:

boarding rooms 45 x 0.2 plus 1 caretaker’s space = 10 spaces

 

Proposal:

A total of 9 car spaces are provided in the development for the exclusive use by the boarding house (refer to page 33 of the Statement of Environmental Effects). No parking spaces have been proposed for the commercial component.

 

The proposal entails a shortfall of 1 parking space for the boarding house. Does not comply.

Accommodation size

If each boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of at least:

(i) 12 square metres in the case of a boarding room intended to be used by a single lodger, or

(ii) 16 square metres in any other case.

All boarding rooms have GFA of more than 16m2, excluding kitchen and bathroom areas. Complies.

A boarding house may have private kitchen or bathroom facilities in each boarding room but is not required to have those facilities in any boarding room.

Private kitchen and toilet facilities are provided for each boarding room. Complies.

 

Assessment of Clause 30 - Standards for boarding houses

Standard

Assessment

(a) If a boarding house has 5 or more boarding rooms, at least one communal living room will be provided.

A common living room is provided on the first floor level. Complies.

(b) No boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25 square metres.

Complies.

(c) No boarding room will be occupied by more than 2 adult lodgers.

This could be made a condition of consent.

(d) Adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger.

All boarding rooms are self-contained with private bathroom and kitchen facilities. Complies.

(e) If the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager.

A manager’s dwelling unit is provided on the fourth floor level. Complies.

(f) Repealed.

N/A

(g) If the boarding house is on land zoned primarily for commercial purposes, no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use.

No boarding rooms are provided on the ground floor level. Complies.

(h) At least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms.

Requirement:

45 boarding rooms x 1/5 =
9 motorcycle and 9 bicycle parking spaces

 

Proposal:

10 bicycle parking spaces, complies.

 

10 motorcycle parking spaces are shown on the plans. However, the dimensions of these spaces do not comply with Australian Standard 2890.1. Refer to the “DCP” section of this report for details.

 

Based on the current information, it cannot be satisfied that the development is capable of accommodating the required number of motorcycle parking spaces. Does not comply.

 

Clause 30A Character of local area

The consent authority is required to take into consideration whether the design of the development is compatible with the character of the local area.

 

The site is located within the Kensington Town Centre, which is characterised by a mixture of commercial, retail and low to high density residential developments. The locality is presently under transition where the older building stock is being replaced by high-rise mixed use developments. It is considered that the nature of the proposed land uses and the multi-storey form are compatible with the emerging local character. However, the proposal has not presented convincing justifications for the deviation from the building height controls stipulated in the Kensington Town Centre DCP. The proposal has not incorporated appropriate façade articulations and the dwelling layout would result in detrimental amenity impacts on the adjoining premises.

 

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

The proposal includes self-contained boarding rooms and SEPP No. 65 is considered to apply to the development. The application has been referred to the Design Review Panel (DRP) for assessment. The design principles stipulated in the SEPP and the comments provided by the DRP (summarised in italics) are addressed as follows:

 

Principle 1: Context

·      It would be helpful to model the entire eastern side of Anzac Parade in plan and elevation, showing the existing and DCP compliant current and future envelopes.

Comments:

The application has not provided adequate contextual analysis relating to the existing and potential building envelopes along the eastern side of Anzac Parade between Ascot and Bowral Streets. The design scheme has incorporated a number of north-facing boarding rooms, which would have their amenity severely compromised should the northern adjoining property be redeveloped in the foreseeable future. Based on the current information, it cannot be established that the proposal is appropriate to the surrounding built environment.

 

Principle 2: Scale & Principle 3: Built form

·      The Pre-DA scheme has a 4-storey podium / street wall to Anzac Parade, with the upper lofts setback 4m. Unfortunately this has been lost and the proposed building is entirely out of scale in the street. The Pre DA scheme was scaled more appropriately in relation to the contributory neighbours to the north (except for the then proposed concrete buttresses which served no practical purpose).

Comments:

The south-western corner of the building has reserved nil setbacks from the Anzac Parade and Bowral Street boundaries across all levels. Notwithstanding, the corner element and its vertical emphasis will strengthen the spatial definition of the street intersection and is considered to carry positive urban design merits.

 

However, the proposed façade articulation fails to appropriately relate to the scale, height and architectural character of the adjoining Contributory Buildings to the north at Nos. 126-146 Anzac Parade. The façade composition on the Anzac Parade elevation should make reference to the two-storey scale of the contributory item via the use of suitable horizontal architectural elements. Furthermore, a more in-depth analysis of the exterior colour scheme and material palette should have been undertaken to provide a proper response to the architectural expression of the Contributory Buildings.

 

·      Shadow impacts on the Sunday school to the east need to be addressed.

Comments:

The building height envisaged in the Kensington Town Centre DCP would not allow retention of direct sunlight to the western side windows of the Coptic Church, which are setback only approximately 1000mm from the common boundary. It is noted that the side windows of the church on the first and second levels are attached to office and function room areas and are constructed with glass blocks.

 

However, the location of the access hallways and stairwells of the development could be adjusted to match at least part of the neighbour’s 1000mm side setback, so that ‘light wells’ on either side of the common boundary could be created. In this manner, a degree of reflected ambient light to the neighbouring property could be maintained.

 

The design in its current form is not considered to have minimised amenity impacts upon the adjoining church premises.

 

·      The northern setback should be maintained on all levels. The current proposal to build to the north boundary at the first floor is inappropriate.

·      The proposal should be adjusted to respect the 7m separation (required by the DCP) from the northern property on all levels.

Comments:

The proposal should have maintained a 3500mm clear setback from the northern boundary across all levels, in order to enable legible and safe pedestrian connection to the Coptic Church in the future, and to meet the requirements of the Kensington Town Centre DCP. The proposal is not considered to be acceptable in this regard.

 

·      The elevations are very diagrammatic and lacking in detail. Weather protection to a number of exposed windows has not been provided. The retail structure and glazing has not been described at all.

Comments:

The submitted elevation drawings do not contain sufficient and adequate details for Council’s assessment.

 

·      The typical balconies should be wider than 1m to 1.2m. A proportion of obscured glass, solid louvres, or similar to the balcony balustrades should be provided for privacy.

Comments:

The balconies to the dwelling units have a minimum depth of 1200mm and are considered to be acceptable as boarding house accommodation.

 

However, the balcony to the common room is considered to be too small as the sole outdoor living space for the entire boarding house. Additionally, a larger balcony should be provided for the caretaker’s unit as it is to accommodate a permanent employee, who would spend a long period of time in the premises. The balconies attached to the common room and caretaker’s unit do not meet the requirements of the SEPP (Affordable Rental Housing) and are not considered to be adequately dimensioned and sized.

 

The submitted finishes schedule does not clearly describe the glazing type for the balcony balustrades. It is considered that at least a portion of the balustrade glazing should be made obscured for those balconies facing Anzac Parade, in order to maintain privacy for the occupants.

 

Principle 4: Density

·      Any argument for additional density should be supported by design quality, and good amenity for all dwellings. Currently the number of units has been pushed, to the detriment of all units and future residents.

Comments:

The design scheme and supporting information are not considered to have provided convincing justifications for the number of units proposed and the deviation from the building height provisions of the Kensington Town Centre DCP.

 

Principle 5: Resource, energy and water efficiency

·      Solar control to the major western façade needs much more consideration. External blind / louvre systems should be investigated and fully incorporated into the DA.

Comments:

The western elevation contains a large number of exposed full-height windows. The proposal has not provided any suitable sun shading devices to ameliorate the low angle afternoon sun.

 

·      The thin plan characteristic has been lost and there is a significantly increased number of apartments that now cannot achieve cross ventilation.

Comments:

The design scheme has not explored all possible options to enable cross ventilation, such as creation of dual-aspect units on the southern side of the building (being Units R8, 17, 33, 40 and caretaker’s room R26), and conversion of the common hallways to breezeways with secondary highlight windows to the bathroom or kitchenette areas.

 

·      The common room does not have an access compliant entry door or a door to the bathroom. There does not appear to be sufficient sun shading to the full height and width west facing glass. The southern wall is vaguely nominated as louvres however the plans and elevations are unclear.

Comments:

No proper sun shade devices have been provided for the western windows of the common room. The design scheme is not considered to have adequately addressed thermal comfort and occupant amenity issues.

 

·      The street elevation to Bowral Street is now unprotected louvres (problematic due to wind driven rain) and precast concrete which has no supporting detail to indicate that it is insulated. Windows should be introduced to the concrete façade to aid in cross ventilation and natural daylight and give alternative ventilation options with reduced road noise.

Comments:

Operable windows should have been provided to the kitchenette areas of the southern-most units to provide alternative option for ventilation away from Anzac Parade, and to allow additional ambient light to the interior space.

 

·      There is potential for much more use of the roof. There is scope for skylights / top lights and roof vents to increase the environmental performance and amenity of the top floor units. A roof plan should be provided and sections should show realistic falls, insulation, rainwater management, skylights and venting.

Comments:

No skylights or roof vents have been included in the design scheme. No detailed roof section has been prepared.

 

·      High level windows to / over the access way can be provided from the east side of the apartments.

Comments:

The drawings do not clearly show whether the eastern windows to the hallways on the residential levels are operable. These windows are positioned less than 3m from the side boundary (fire source feature) and may need to be fixed and protected to comply with the deemed-to-satisfy provisions of the BCA.

 

The drawings do not show any highlight toilet or kitchenette windows opening to the common hallways.

 

·      Ceiling fans should be provided throughout.

Comments:

No ceiling fans have been provided.

 

·      Ventilation should be able to be maintained at night without compromising security.

Comments:

The proposal has included louvred windows in addition to sliding glazed doors. The proposal is considered to be satisfactory in this regard.

 

Principle 6: Landscape

·      Some deep soil should be provided in the northern setback areas by reducing the basement car park to allow for tree planting within the boundary in the northern setback.

Comments:

The future through-site link in the northern setback areas should have incorporated suitable landscape treatment designed by a landscape architect. This may include water feature, special paving, deep soil planting or the like to provide activation and improved amenity.

 

Principle 7: Amenity

·      Risers do not appear to be provided.

Comments:

The drawings do not indicate any riser stack for the ground floor commercial suite.

 

·      Tandem parking for different apartments is not considered manageable and should be redesigned.

Comments:

The proposed parking provision and layout are not supported. Refer to the “Parking DCP” section of this report for details.

·      It appears there is a 2.9m floor to floor provision on the 4th floor which is unlikely to achieve 2.7m ceiling height.

Comments:

The section drawings do not indicate the floor slab thickness. The minimum floor-to-ceiling height for the residential levels appears to be 2700mm by scaling off the drawings.

 

·      The unit plan is considered inflexible. A retractable queen size bed would lock the bed position against the wall which is a severe compromise with regard to amenity.

Comments:

The boarding room layout will provide a reasonable level of living amenity and is considered to be acceptable. 

 

·      The apartment dimensions are considered minimal and more suited to short term accommodation.

Comments:

The boarding room layout will provide a reasonable level of living amenity and is considered to be acceptable. 

 

·      The acoustic performance of the Anzac Parade frontage needs to be further investigated.

Comments:

A Noise Impact Assessment prepared by Acoustic Logic has been submitted with the application. The report includes recommendations on glazing type for the building, which would achieve a reasonable level of acoustic amenity for the occupants. The recommendations could be imposed as conditions of consent.

 

·      The apartments in the north-west corner should have access to more natural light and ventilation.

Comments:

Highlight windows could be provided on the Anzac Parade elevation of the north-western units to enhance natural lighting and articulation to the façade.

 

Principle 8: Safety and security

The proposed development will improve casual surveillance and activation to the surrounding areas and is considered to be satisfactory in this regard.

 

Principle 9: Social dimensions

The proposed development will broaden housing mix and offer more affordable form of residential accommodation in the locality.

 

However, the development scheme has not demonstrated the provision of satisfactory equitable access for people with disabilities. Council’s freeboard requirements will necessitate raising of the levels for the ground storey, outdoor areas and emergency exits. No access report has been submitted and the plans have erroneously shown flushed access from the footpath to the interior space without due regard for equitable access. Based on the current information, the proposal is not considered to achieve an acceptable social planning outcome.

 

Principle 10: Aesthetics

·      The building’s aesthetics need to be reconsidered to support excellent environmental performance and appropriate scale within the building’s context on this important street.

Comments:

The composition and articulation of the facades should have taken into account requirements for thermal performance and sun protection. The current design scheme is not considered to have addressed the functional requirements of the building.

 

·      Fully developed large scale sections should be provided to describe all of the proposed attributes of the building. A comprehensive materials and colours board should be submitted.

Comments:

Large scale sections have not been prepared.

 

The following elements in the materials and finishes schedule are not considered to be appropriate:

 

-    The finishes palette is dominated by cool grey colours in various tones. Although it is neutral in nature, the colour scheme is not considered to be compatible with the contributory buildings located to the north of the site, which are characterised by warmer earth hues in face bricks and textured rendering.

-    The glass awnings are likely to present maintenance issues (gathering of dirt, fallen leaves and etc. over time) and would not provide sufficient protection against the western sun in the summer seasons.

-    The materials of the car park roller door have not been shown on the schedule.

 

As outlined in the assessment above, the proposal is not considered to satisfy the design principles relating to context, scale, built form, density, energy efficiency, landscape, amenity, social dimensions and aesthetics. Accordingly, the proposal is not considered to be satisfactory having regard to the provisions of SEPP No. 65.

 

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

SEPP: BASIX applies to the proposed development. A BASIX Certificate numbered 388615M is submitted with the development application. The commitments listed in the above certificate could be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

10.    Policy Controls

 

10.1  Randwick Development Control Plan - Kensington Town Centre

The relevant provisions of the DCP are addressed as follows:

 

Requirement

Proposal

4.3 Block 03 Controls

Building height

4 storeys, plus 2 storeys setback 4m from the northern, southern and western edges of the building

4 storeys with nil setbacks from street frontages, plus 3 storeys above which are partly setback from the Anzac Parade boundary = 7 storeys in total

 

Does not comply, a SEPP 1 Objection has been submitted.

Setbacks

- 3.5m from northern boundary

- Nil setbacks for first 4 storeys on Anzac Parade and Bowral Street boundaries

- Uppermost 2 storeys setback 4m from the northern, southern and western edges of the building

Setback from northern common boundary:

2.3m to balconies, does not comply. The degree of setback proposed is inappropriate and will not contribute to the creation of a future through-site link to the chapel within the adjoining Coptic Church at 1-3A Bowral Street. The proposal fails to achieve the design intent of the Block 03 controls.

 

Setback from Anzac Parade boundary:

Nil setback for the lowest 4 storeys;

Northern section of the uppermost 3 storeys are setback 3.2m

 

Setback from Bowral Street boundary:

Nil setback throughout all levels except for a void areas on levels 5 and 6

 

The proposed street setbacks deviate from the DCP provisions. However, the proposed setback arrangement will create a stronger corner element that reinforces the spatial definition to the streets. The 3.2m front setback (from the Anzac Parade boundary) in the northern section of the building is considered to be acceptable given the relatively constrained site depth. The front setbacks per se would not result in adverse visual impacts upon the neighbouring Contributory Buildings at Nos. 126-146 Anzac Parade, the adjoining Coptic Church and the public domain. Therefore, the front setbacks are considered to be acceptable in this instance.

Right of carriageway

Provision of right of way along the eastern boundary for access to the adjoining Defined Parcel A to the north

 

Council may consider an automated traffic light control for the Bowral Street entry point to the Rights of Carriageway for Parcel B, reducing the entry requirement from 6m to 3.5m

The provision of a right of carriageway for vehicular access to Nos. 126-146 Anzac Parade (Defined Parcel A) is not considered to be necessary and desirable.

 

Access to the aforementioned properties could readily be achieved via a right of carriageway off Ascot Street that is aligned in a straight north-south direction.

 

The creation of a right of way via the subject site would create a ‘dog-leg’ in the access way which is indirect in its alignment and compromises legibility and community safety. 

Entry path to Chapel

New development within Defined Parcel A should remove infill building (located immediately to the north of the subject site) to reinstate the original entry path to the 1902 Methodist Chapel, which now forms part of the Coptic Church at 1-3A Bowral Street

This requirement is not directly related to the subject site (i.e. Defined Parcel B).

 

Refer to the following comments regarding the adequacy of the northern setback arrangement.

 

 

Relationship with Coptic Church

New development may build to the property boundary of the Church, provided the first residential floor level is clear of the domes of the Coptic Church; otherwise setbacks would apply

 

In order to ensure physical connection to the Coptic Church is possible, the pedestrian through link in Defined Parcel B (subject site) must meet the accessibility criteria of the DCP

The amenities areas of the southern-most unit (R17) on the third level are built to the eastern common boundary. As is demonstrated in the submitted photomontage, the height of the building at the interface with the Coptic Church will significantly obscure views to the latter’s western dome and cross feature.

 

Where the amenities areas are relocated with the space in question replaced with an open terrace or non-trafficable roof, an appropriate transition in scale could be achieved with retention of additional views to the western church dome. This would add to the diversity and character of the local streetscape via the maintenance of visual connection to the silhouette and form of the church building from the surrounding areas.

 

The stepping of the building as indicated in the current proposal is considered to be insufficient and is not supported.

 

Although the proposal has reserved approximately 3.6m setback from the northern common boundary at the ground level, the setback areas are under cover by the first floor balconies above. The northern setback is reduced to 2.3m as measured to the balconies from the second level onwards.

 

The proposal does not comply with the 3.5m northern setback requirement, and will hinder the creation of a formal pedestrian through-site link to the Coptic Church in the future. A minimum 3.5m clear setback across all levels should be fully achieved. The proposal is not acceptable in this regard.

 

South elevation of the proposed development; where the hatched area is deleted and converted to open terrace or non trafficable roof, additional views to the western dome and cross feature of the Coptic Church could be retained, which would add to the diversity and visual interest in the surrounding streetscape

 

Photomontage of proposed development.

 

Note that the western dome of the Coptic Church is hidden by the external enclosing walls to the amenities areas of Unit R17 on the third floor level.

 

Suitable articulation should be incorporated in the Anzac Parade façade to visually relate to the height and scale of the adjoining Contributory Buildings at Nos. 126-146 Anzac Parade (refer to the bold red line).

 

Clause

Requirement

Proposal

Part 4 Development & Design Controls

4.1.1

Site amalgamation

- Corner sites may be developed if they are a minimum area of 900m2, regardless of frontage

The site has a land area of less than 900m2. Does not comply, a SEPP 1 Objection has been submitted.

 

 

 

4.2.1

New built form

GFA occupies no more than 80-85% of the Building Envelope

The proposal has deviated from the street setbacks controls of the DCP and hence does not meet the GFA requirements. However, the proposed setbacks from Anzac Parade and Bowral Street are considered to be acceptable. Refer to comments above.

4.2.3

Articulation zone

Articulate all facades to a depth of 600mm and a maximum depth of 2.5m within the most extreme points of the Building Envelope

Suitable horizontal elements should have been incorporated to visually relate to the scale of the Contributory Buildings to the north. The façade articulation is not considered to be adequate in this instance.

4.2.4

Building heights

Anzac Parade development:

Height to underside of topmost ceiling:

6 storeys /

Min 19.4m

Max 21.6m

Number of storeys:

7 storeys

Does not comply, a SEPP 1 Objection has been submitted.

 

Height to underside of the topmost ceiling:

Corner – 21.85m

Does not comply, no SEPP 1 Objection has been submitted

Remaining portions – 20.85m, complies

4.2.6

Contributory buildings

- Provide a contemporary design which is sympathetic to the Contributory building in terms of: proportions, materials, colours and details

- Do not closely imitate historic style of the Contributory building

- Do not apply historic details

The proposed façade articulation fails to appropriately relate to the scale, height and architectural character of the adjoining Contributory Buildings to the north at Nos. 126-146 Anzac Parade. The façade composition on the Anzac Parade elevation should make reference to the two-storey scale of the contributory item via the use of suitable horizontal architectural elements. Furthermore, a more in-depth analysis of the exterior colour scheme and material palette should have been undertaken to provide a proper response to the colour and tone of the contributory buildings.

4.4

Accessibility

- Achieve building / retail / commercial entrances which are flush with the footpath or provide a suitably ramped alternative

The proposal fails to incorporate Council’s freeboard requirements for overcoming potential flooding events. The drawings erroneously show that flushed access from the footpath to the ground floor level is achievable.

 

The ground floor main entry and public areas will need to be raised and no ramping system has been indicated on the drawings. No access report has been submitted.

 

Based on the current information, it cannot be established that satisfactory equitable access could be achieved.

4.5.2

On-site parking

- Tandem parking (max 2 spaces) is permitted where these spaces are attached to a single apartment

- Council may consider a limited number of stack parking spaces (max 2) for staff parking associated with retail uses

- Design parking to ensure pedestrian safety

- Ensure all new walls adjacent to vehicular crossings are lowered to a height of 600mm above the internal driveway level or splayed 1.5m x 1.5m so that the driver of a stopped vehicle 2m behind the street boundary line can observe pedestrians up to 2 m from the crossings

The drawings show the provision of 9 car spaces for the development, of which 6 are in a tandem arrangement. The proposed parking layout will be problematic and is not supported.

 

The driveway exit is setback only 600mm from the eastern common boundary. No splayed corner has been included. The driveway design is not considered to be acceptable on safety grounds.

 

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

4.6.1

Active frontages

- Minimise blank walls at ground level.

The proposal has not appropriately resolved the interface between the ground floor level and the public footpaths due to Council’s freeboard requirements. The proposed finished floor level for the ground storey is RL26.20. Council’s drainage engineer has advised that the ground level needs to be raised to RL27.50.

 

The raising of the ground floor levels for flood protection purposes is likely to create continuous blank walls of 1300mm in height along the street frontages. The proposal fails to consider any architectural treatment to the ground floor blank walls to provide a proper visual address to the public domain.

4.6.2

Awnings

- Provide continuous street front awnings; generally awnings should be 3m deep

- Setback awnings a minimum of 600mm from the kerb

- Cantilever awnings with a minimum soffit height of 3.5m

 

The DCP requirements could be imposed as a condition of consent.

4.6.3

Building entrances

- Provide clearly identifiable, sheltered, well lit and safe spaces to enter the building

Satisfactory.

4.6.4

Façade composition & articulation

- Design buildings to address the street, but ensure that rear and side facades also provide visual interest to the street and surrounding neighbours

- Use horizontal elements such as roofs, parapets, balconies and balustrades, eaves lines, string courses, cornices and door / window heads to align the building with its neighbours

- Use proportions sympathetic with Contributory Buildings in the Town Centre

- Where new development leaves exposed party walls adjacent to existing, lower buildings, improve the appearance of the exposed party wall with colour, modulation and articulation

The façade composition on the Anzac Parade elevation should make reference to the two-storey scale of the contributory item at Nos. 126-146 Anzac Parade via the use of suitable horizontal architectural elements.

 

The front façade of the Coptic Church is setback approximately 2.4m from the Bowral Street boundary. The south-eastern corner of the proposed development will reserve nil setbacks from the Bowral Street alignment from ground to third levels. As a result, a continuous blank wall of over 13m in height will be created, which will be prominently visible in Bowral Street. The lack of articulation to the eastern side elevation will result in adverse streetscape impacts. 

 

The eastern party wall of the proposed development has significant height and scale and will be visible from the adjoining Coptic Church. The drawings do not indicate any articulation to the party wall.

 

Based on the above, the façade articulation in its current form is considered to be unsatisfactory.

4.6.5

Materials and finishes

- Use pastel or earthy colour schemes and avoid corporate and bright colours

- Avoid large expanses of any single material to facades

The finishes palette is dominated by cool grey colours in various tones. Although it is neutral in nature, the colour scheme is not considered to be compatible with the Contributory Buildings located to the north of the site, which are characterised by warmer earth hues in face bricks and textured rendering.

 

The southern elevation is dominated by a precast concrete wall of approximately 21m (height) x 4.5m (width) in dimensions. This blank wall should have been articulated with window openings to improve the visual presentation of the building to Bowral Street .

 

Based on the above, the use of materials is considered to be unsatisfactory.

4.6.7

Public art

- To reinforce the cultural identity of the Kensington Town Centre

The proposed mural on the northern elevation is supported.

4.6.9

Roof forms

- Wholly contain lift overruns and service plants within roof structures or roof lines

The current drawings do not show the RL to the topmost point of the lift overrun. Based on the current information, it cannot be established that the lift overrun structures would be contained within the roofline.

4.6.9(a)

Habitable roof space

- Connect habitable roof space to an apartment below

- Total floor area devoted to habitable roof space does not exceed 40% of the floor below

- Ensure that when viewed from an adjoining public road or private property, the roof form (including habitable roof, associated private open space or plant and service areas) has the appearance of a roof and not an additional storey or an extension of the external vertical façade

- A continuous flat roof with habitable space within it will be regarded as a pseudo storey and will not be approved

The proposal exceeds the maximum number of storeys by a whole, full level, and does not comply with the building height control.

 

The extra 6th floor level is not contained within the roof form and does not meet the requirements of the DCP. The proposal is therefore not supported.

 

 

4.6.11

Solar access

- Maintain sunlight access to private and public open spaces and habitable rooms of adjoining development for at least 3 hours between 9am and 3pm on 21 June

- Ensure that building layouts facilitate good solar access to both internal and external living spaces

- Provide adjustable shade devices suitable for lower sun angles to openings on the eastern and western facades

- Incorporate energy efficient glass skylights and clerestory windows to improve daylight levels wherever possible

·      The north-facing windows of the buildings on the southern side of Bowral Street will retain approximately 3 hours of sunlight between 9am and 3pm on 21 June. It should also be noted that the southern side of Bowral Street is identified as being suitable for multi-storey development under the Block 4 controls of the DCP. Solar access to these properties is considered to be acceptable.

 

·      The building height envisaged in the Kensington Town Centre DCP would not allow retention of direct sunlight to the western side windows of the Coptic Church, which are setback only approximately 1000mm from the common boundary. It is noted that the side windows on the first and second levels are attached to office and function room areas and are constructed with glass blocks.

 

However, the location of the access hallways and stairwells of the development could be adjusted to match at least part of the neighbour’s 1000mm side setback, in order to create ‘light wells’ on either side of the common boundary. In this manner, a degree of reflected ambient light to the neighbouring property could be maintained.

 

The design in its current form is not considered to have minimised amenity impacts upon the adjoining church premises.

 

·      The proposal has not provided adequate sun shade devices for the exposed western elevation.

 

·      No skylights or clerestory windows have been included to enhance environmental performance of the top storey.

4.6.12

Street corners

- Generally the preferred design outcome for an Anzac Parade street corner will include a certain element of 0m setback for the upper storeys; the depth of this corner element will vary from Block to Block

- Emphasise verticality at corners by concentrating the tallest portion of the building on the corner itself

The proposed corner treatment is considered to be satisfactory.

4.6.13

Visual privacy

- Orient primary openings on all developments to the front and rear of the building, i.e. towards the street and the rear open space; minor openings (non-habitable rooms, secondary bedrooms, kitchens, etc) are permitted along sides of buildings

- Where the separation between buildings is less than 12m, use screening devices

- Design windows and balconies to minimise overlooking into neighbouring apartments, balconies and buildings

- Balcony and balustrade design must consider privacy from the street by day and by night

Northern elevation:

The proposal incorporates a large number of dwelling units with their main living room windows and balconies oriented towards the northern side boundary, which would compromise the privacy and amenity of any future development on the adjoining site. 

 

Eastern elevation:

The eastern neighbour is a church complex. The windows on the western elevation of the church building are constructed with obscured glass blocks. Therefore, the hallway windows on the residential floors are not considered to result in detrimental privacy impacts.

 

However, the terraces of Units R32, R39 and R46 would overlook the courtyard of the church due to their elevated position. No screening devices have been proposed. It is considered that a suitable level of privacy for the church courtyard should be maintained to enable the proper conduction of religious function and practices. The proposal in its current form is not considered to be appropriate having regard to privacy protection for the neighbouring property.

4.7.1

Acoustic privacy

- Locate active areas within an apartment towards external noise sources, and orientate quiet areas away from noise sources

A noise report outlining various construction measures to minimise noise intrusion to the habitable space has been submitted. The proposal is considered to be acceptable in this regard.

4.7.2

Apartment Layout

- Achieve apartments with dual aspect, to allow the direct flow of air from one side of the apartment to the other

- Use a variety of apartment styles to maximise natural ventilation and natural daylight

The design scheme has not explored all possible options to enable cross ventilation, such as creation of dual-aspect units on the southern side of the building (being Units R8, 17, 33, 40 and caretaker’s room R26), and conversion of the common hallways to breezeways with secondary highlight windows to the bathroom or kitchenette areas.

 

4.7.3

Apartment mix

- Provide a mix of layouts and sizes

The proposal is for boarding house purposes and the unit layout is considered to be acceptable.

4.7.6

Floor to ceiling heights

Minimum:

G/F 3.5m (4.5m to FFL of storey above)

Upper floors 2.7m (3.5m to FFL of storey above)

 

Maximum:

G/F 4.5m (5.5m to FFL of storey above)

Upper floors 2.7m (3.5m to FFL of storey above)

Commercial floor:

3.4m (by scaling off drawings), acceptable.

 

Residential floor:

2.7m (by scaling off drawings), complies.

 

 

 

4.9.3

Private open space

- Provide at least 1 balcony for each apartment directly accessible from the main living area

- Ensure the main balcony has a minimum depth of 2.5m and minimum area of 6m2 for studio apartment

Each of the dwelling units is provided with an outdoor balcony or terrace.

 

The proposed balconies for the majority of the boarding room units do not meet the dimensional and size requirements of the DCP. However, given the nature of the accommodation, the balconies in their current form would provide an acceptable level of amenity for the occupants.

 

The balcony to the common room is considered to be too small as the sole outdoor living space for the entire boarding house. Additionally, a larger balcony should be provided for the caretaker’s unit as it is to accommodate a permanent employee, who would spend a long period of time in the premises. The balconies attached to the common room and caretaker’s apartment are not considered to be adequately dimensioned and sized.

 

10.2  Randwick Development Control Plan – Parking

 

Car parking provision

The car parking requirements for the boarding house component have been superseded by SEPP (Affordable Rental Housing). Under the SEPP, a total of 10 car spaces are required for the boarding house. The proposal only provides 9 spaces and entails a shortfall of 1 space. The proposal does not comply with the requirements of the SEPP.

 

The DCP stipulates the following requirements for “business premises”:

1 space per 40m2 GFA

 

The ground floor commercial suite has a floor area of 230.6m2 and a total of 6 car spaces are required. The proposal has zero parking provision for the commercial component and does not comply with the requirements of the DCP.

 

The proposal will have a total parking deficiency of 7 spaces. The application contains no detailed parking assessment and survey of on-street parking opportunities in the area to justify the above shortfall. The proposed parking provision and arrangement are therefore not supported.

 

Car park design

The proposed car park design carries the following problems:

 

·      The SEPP (Affordable Rental Housing) requires a minimum of 9 motorcycle spaces to be provided for the boarding house element. The plans indicate the provision of 10 motorcycle spaces. The drawings show that the motorcycle spaces have approximate dimensions of 2m x 1m. These indicative spaces do not comply with Australian Standard 2890.1 which specifies minimum dimensions of 1.2m x 2.5m. Therefore, based on the current information, it cannot be established that the proposal is capable of providing the required level of motorcycle parking that meets the industry standard.

 

·      A total of 6 tandem parking spaces (66% of total provision) are proposed for the boarding house. The tandem parking arrangement will be highly problematic for the future residents. All residential car spaces should be able to be accessed independently.

 

·      The driveway exit is setback only 600mm from the eastern common boundary. Council generally requires any walls adjacent to the exit to be lowered to a maximum height of 600mm, or be splayed 1500mm x 1500mm. No splayed corner has been included. The driveway design is not considered to be acceptable on safety grounds.

 

·      Car spaces 3 and 6 do not appear to have incorporated 300mm additional width allowance adjacent to wall obstructions (i.e. total width of 2700mm) required by the Australian Standard.

 

·      No loading bay has been provided for the ground floor commercial suite. The proposal does not allow for on-site loading and unloading for a sizeable commercial unit (230.6m2) and is inadequate.

10.3  Randwick Section 94A Development Contributions Plan

The Section 94A Development Contributions Plan, effective from 2 July 2007, applies to the proposed development. In particular, Clause 8 Determination of proposed cost of development of the Plan provides that GST is not exempted from inclusion in the cost estimate.

 

The submitted Cost Report prepared by Samuel Najm, dated 2/08/2011, as well as Item 4 Estimated cost of the development on page 2 of the Development Application Form, indicate that the total development cost inclusive of GST is $3,400,000. However, in the attached detailed cost break-down prepared by Archi-QS Pty. Ltd., the estimated development cost of $3,400,000 clearly does not include GST.

 

The development application contains self-contradictory information and is not reliable for the purposes of determining the Section 94A contributions. The current information is not considered to be adequate for demonstrating compliance with the Section 94A Plan.

 

11.    Environmental Assessment

 

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

 

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 site is zoned B2 Local Centre under the Draft LEP, and is subject to building height standard of 25m.

 

The control provisions of the Kensington Town Centre DCP would continue to apply to future development proposals on the subject site. As discussed, the proposal in its current form is not considered to satisfy the key site specific built form controls of the DCP. The design scheme would also result in adverse privacy and amenity implications on future development on the adjoining site to the north. 

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 matters prescribed in the Regulation could be addressed by Council’s standard conditions.

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

The environmental impacts of the proposed development have been addressed within the body of this report. 

 

The proposed boarding house and commercial uses are compatible with the character of Kensington Town Centre and would contribute to the viability and vibrancy of the local businesses. The proposal would not result in detrimental economic impacts in the locality.

 

However, the proposal does not successfully demonstrate that equitable access to the principal building entry and ground floor commercial unit could be achieved. In this respect, the proposal is not considered to deliver a satisfactory social planning outcome.

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

The site is located within Kensington Town Centre and has convenient access to local services and public transport. The site is suitable for more intensive redevelopment in multi-storey and mixed-use form.

 

However, the design scheme in its current form has not properly responded to the contextual environment in terms of the built form relationship with the adjoining contributory item to the north, and potential privacy and amenity impacts on any future development on the aforementioned neighbouring site.

 

Despite the suitability of the site for similar uses, the proposal should not be supported.

 

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 in its current form is not considered to lead to an appropriate environmental and social planning outcome in the locality. Therefore, the proposal is not considered to be within public interest and is not supported.

 

 

Equitable access

The site is located adjacent to an overland flow path. Council’s drainage engineer has advised that the floor levels of the building need to be raised to provide suitable freeboard for overcoming potential flooding events.

 

The design scheme has not adjusted the levels for the ground storey, outdoor areas, driveway entry and emergency exits in accordance with the advice of Council’s drainage engineer. The freeboard requirements will necessitate the raising of the finished levels of various public areas to an extent, which would not be readily accessible by people with a disability.

 

The proposal does not contain any ramping system at the principal entry and emergency exits. The application has not included any access report to outline a strategy for providing equitable access. It is questionable if the proposal is capable of complying with the BCA 2011 and the Disability (Access to Premises – Buildings) Standard 2010.

 

The proposal in its current form does not demonstrate the provision of adequate equitable access for people with disabilities and is not considered to lead to a satisfactory social planning outcome.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Leadership in sustainability, excellence in urban design and development, integrated transport and land use

Direction:  Improved design and sustainability across all development

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The development scheme entails significant non-compliance with the building height controls contained in DCP – Kensington Town Centre, which are deemed to have been incorporated into RLEP 1998 (Consolidation), and SEPP (Affordable Rental Housing) 2009. The submitted SEPP 1 Objection fails to address the underlying purposes of the height standard and is not considered to be well founded.

 

The proposal also does not satisfy a range of design controls stipulated in the Kensington Town Centre DCP. The range and degree of non-compliance, compounded by the inadequate façade articulation and stepping in the eastern section of the building, will create adverse visual and amenity impacts on the surrounding areas.

 

The development entails a parking deficiency of 7 spaces having regard to the provisions of the SEPP (Affordable Rental Housing) and DCP – Parking. The application has not included any parking report to justify the shortfall in parking provision. Additionally, the proposed tandem parking arrangement will not enable car spaces to be accessed independently by residents and will become highly problematic in terms of their use and management.

 

The flood mitigation measures required by Council’s Development Engineer relating to finished floor levels, driveway entry and emergency exits have not been incorporated in the proposal. The development will be susceptible to flooding and safety problems.

 

The proposal has not included any waste storage facilities for the commercial component.

 

For the above reasons, it is recommended that the subject application be REFUSED.

 

Recommendation

 

A.       THAT Council, as the consent authority, refuses consent to Development Application No. 689/2011 for demolition of existing structures and construction of a 7-storey mixed use building comprising 1 commercial suite on ground level; 45 self-contained boarding rooms, 1 caretaker’s flat and communal areas on the storeys above; and basement parking for 9 cars, 10 motorcycles and 10 bicycles, at No. 148-158 Anzac Parade, Kensington, pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act 1979, as amended, for the following reasons:

 

1.     The proposed development does not satisfy the objectives for Zone No. 3B under Clauses 14(1)(b) and (d) of Randwick Local Environmental Plan 1998 (Consolidation), in that the proposal has not provided adequate off-street car parking to support the boarding house and commercial uses, and that the privacy and amenity of any future development on the adjoining site to the north will be detrimentally compromised.

 

2.     The proposal does not satisfy the objectives for Kensington Town Centre under Clauses 42C(2)(a), (d), (g), (h), (j), (k) and (l) of Randwick Local Environmental Plan 1998 (Consolidation) due to the incompatible built form relationship with the adjoining premises, the potential amenity impacts upon the adjoining properties, the lack of provision for equitable access, the inadequate parking provision and layout, the lack of appropriate sun protection measures and the inadequate design response to identified Contributory Buildings and the Town Centre precinct.

 

3.     The proposal does not comply with the maximum development height provisions under Sections 4.2.4 and 4.3.3 of Development Control Plan - Kensington Town Centre, Clause 42C(4) of Randwick Local Environmental Plan 1998 (Consolidation) and Clause 29(2)(a) of State Environmental Planning Policy (Affordable Rental Housing) 2009. No objection to the development standard pursuant to State Environmental Planning Policy No. 1 – Development Standards has been submitted.

 

4.     The proposal does not comply with the maximum number of storeys provisions under Section 4.2.4 of Development Control Plan – Kensington Town Centre, Clause 42C(4) of Randwick Local Environmental Plan 1998 (Consolidation) and Clause 29(2)(a) of State Environmental Planning Policy (Affordable Rental Housing) 2009. The accompanying objection to the development standard is not well founded as required by Clause 7 of State Environmental Planning Policy No. 1 – Development Standards.

 

5.     The proposal does not comply with the private open space and parking provisions under Clause 29(2)(d) and (e) respectively of State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

6.     The proposed motorcycle parking spaces as shown in the drawings do not demonstrate compliance with Australian Standard 2890 series. Based on the current information, it cannot be established that the proposal is capable of complying with Clause 30(1)(h) of State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

7.     The proposal does not satisfy the provisions of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development in terms of the design principles relating to context, scale, built form, density, energy efficiency, landscape, amenity, social dimensions and aesthetics.

 

8.     The proposal does not comply with the site specific controls for Block 03 stipulated under Section 4.3.3 of Development Control Plan – Kensington Town Centre.

 

9.     The proposal does not comply with the control provisions under Part 4 of Development Control Plan – Kensington Town Centre relating to Contributory Buildings, accessibility, on-site parking, active frontages, façade composition and articulation, materials and finishes, habitable roof space, solar access, visual privacy, apartment layout and private open space.

 

10.    The proposed tandem parking arrangement will not enable car spaces to be accessed independently by residents and will become highly problematic in terms of their use and management. In addition, the car space dimensions do not satisfy the requirements of Australian Standard 2890 series. Accordingly, the proposal does not comply with the provisions of Development Control Plan – Parking. 

 

11.    The proposal has included self-contradictory information relating to the estimated development cost and does not satisfy the requirements of the Section 94A Development Contributions Plan.

 

12.    The proposal has not incorporated adequate measures to minimise privacy and amenity impacts on the adjoining and nearby properties. Therefore, the proposal is not considered to satisfy the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979.

 

13.    The proposal has not incorporated adequate flood mitigation measures including the raising of the floor levels, driveway entry and emergency exits, which will render the development susceptible to flooding and safety problems. Therefore, the proposal is not considered to satisfy the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979.

 

14.    The proposal has not provided appropriate waste storage facilities for the ground floor commercial suite. Accordingly, the proposal is not considered to satisfy the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979.

 

15.    The proposal is not within public interest and does not satisfy Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                     24 April 2012

 

 

Director City Planning Report No. CP24/12

 

 

Subject:                  2/30 Perry Street, Matraville (DA/441/2011)

Folder No:                   DA/441/2011

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Use of Unit 2 as a light industry for the manufacturing, storage and distribution of confectionary, with 24 hours, 7 days a week operation of plant and machinery.

Ward:                      South Ward

Applicant:                Sweet William

Owner:                         Bf & Winnie Chu Pty. Ltd.

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject application is referred to the Ordinary Council Meeting at the request of Councillors Andrews, Belleli and Matthews.

 

The proposal seeks retrospective approval for the use of a warehouse unit for the manufacturing, storage and distribution of confectionary, with 24 hours, 7 days a week operation of plant and machinery. The use has already commenced and the internal partitions and plant and equipment have been installed prior to the granting of approval from Council and hence are unauthorised.

 

The confectionary producer is currently also operating at Unit 26 of the same warehouse complex. Both Units 2 and 26 operate in close association with each other in the manufacturing process. A development application for the use of Unit 26 for the manufacturing, storage and distribution of confectionary has been received by Council. The above development application is being considered by Council’s assessment officer.

 

The application was notified in accordance with the DCP – Public Notification of Development Proposals and Council Plans. A total of one (1) submission was received at the conclusion of the public consultation process. The issues raised are primarily related to noise generation from the plant and equipment of the premises, the history of unauthorised operation, and validity of the analysis contained in the acoustics report.

 

The subject site is zoned 4A Industrial under RLEP 1998 (Consolidation). The proposed use is defined as “light industry” pursuant to Clause 49 of the LEP, and is permissible with Council’s consent. The proposed development is consistent with the industrial and warehousing uses in the locality and will contribute to employment generation. The proposal is considered to satisfy the 4A zoning objectives.

 

There are residential uses to the south of the site at the corner of McCauley and Perry Streets. The proposed 24-hour operation of plant and equipment has noise implications on the nearby residences.

 

The application has included a noise assessment report prepared by Acoustic Logic. The report indicates that the combined noise emission from the internal and external plant and equipment would satisfy relevant acoustic criteria, and would not result in unreasonable impacts on the nearest residential receivers.

 

Council has engaged an independent acoustics consultant, Wilkinson Murray, to undertake peer review of the noise report submitted by the applicant. The peer review indicates that the applicant’s consultant is likely to have under-estimated the noise generation from the plant and equipment of Unit 2, and that the noise measurement readings are not reliable. Wilkinson Murray recommends that suitable attenuation measures be investigated to bring the noise emission to an acceptable level.

 

Two joint site inspections by the noise consultants engaged by Council and the applicant, with the presence of Council’s health officer and representative from Sweet William, were undertaken in December 2011 and March 2012. The purpose of the joint inspections is to verify the noise measurements conducted by Acoustic Logic and to discuss potential mitigation measures for resolving the noise impacts on nearby residences. During the second inspection, it was identified that the main noise source is the roof-mounted backup radiator attached to the air conditioning compressor. Sweet William has since disconnected electrical supply to the radiator. The disconnection and decommissioning of the rooftop radiator would minimise noise intrusion to the nearby residences in Perry Street.

 

Council’s health officer has also recommended a number of conditions to restrict the operation hours of the premises. These include restrictions on staff working hours, delivery hours, forklift usage hours and operation hours of certain plant and equipment. Subject to the above conditions, it is considered that no unreasonable impacts upon the amenity of the surrounding residential uses will result.

 

The current planning legislation does not allow the granting of retrospective approval for unauthorised building works. Therefore, it is recommended that a special condition be incorporated to exclude approval for the unauthorised works.

 

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

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 2 in SP 34610, 2/30 Perry Street, Matraville. The subject unit (Unit 2) is situated within a purpose-built warehouse complex that has been subdivided under two Strata plans, being SP 38298 and SP 34610. The complex contains 8 buildings with a total of 30 warehouse units and off-street parking facilities. Unit 2 is located in one of the buildings that front onto Perry Street. The unit contains a loading dock and ancillary office space at the mezzanine level.

 

The locality is predominantly characterised by industrial, warehousing and employment-generating uses. A low density residential area is located on the southern side of Perry Street to the east of McCauley Street.

 

View from the main driveway entry to the complex looking south-east; the existing dwelling houses at the corner of Perry and McCauley Streets are seen on the background

 

3.      The Proposal

 

The proposal seeks retrospective approval for the use of Unit 2 as a light industry for the manufacturing, storage and distribution of confectionary. The use has commenced without approval from Council and therefore is unauthorised.

 

3.1      Nature of the operation

3.2     

Sweet William occupies both Unit 2 (subject site) and Unit 26 within the warehouse complex at 30-32 Perry Street. The two units operate in close association with each other for the making and distribution of confectionary products.

 

The Statement of Environmental Effects contains detailed information describing the manufacturing procedures for the confectionary, which is extracted below:

 

3.2    Staff numbers

 

The Statement of Environmental Effects provides the following information:

 

 

3.3    Hours of operation

 

The main operation hours for Unit 2 will be between 6:00AM and 2:30PM, Monday to Friday. During these hours, the machinery will be operating and deliveries will be received and dispatched. Due to the nature of chocolate production, certain machinery, including climate control and automatic stirring equipment will be switched on throughout the night. Therefore, the subject application seeks approval for 24-hour operation, Monday to Sunday.

 

At Council’s request, the applicant has submitted the following additional information to clarify the hours of operation relating to various aspects of the premises:

 

 

3.4    Servicing and deliveries

The Statement of Environmental Effects provides the following information:

 

 

Waste removal will be undertaken on a weekly basis.

 

Car parking

 

A dedicated loading dock is contained within Unit 2. A total of 3 car spaces are allocated for the unit.

 

4.      Site History

 

4.1    Background

 

The Statement of Environmental Effects provides the following background information relating to the history of the Sweet William operation on the subject site:

 

 

The use of Unit 2 has commenced and the internal partitions and equipment have been installed prior to the granting of approval from Council. The premises contain unauthorised building works that have been executed without approval. The current planning legislation does not allow the granting of retrospective approval for unauthorised works. Therefore, it is recommended that any consent granted for the use of Unit 2 should incorporate a condition that excludes approval for the unauthorised works.

 

4.2    Development application relating to the subject premises

Development Application number 442/2011 for use of Unit 26, 32 Perry Street for the manufacturing, storage and distribution of confectionary, with 24 hours 7 days a week operation of plant and equipment, was lodged with Council on 15 June 2011. The above development application relates to the use of Unit 26 within the same warehouse complex by Sweet William. This application is being considered by Council’s assessment staff when this report is prepared.

 

4.3    Recent complaint

On 14 November 2011, a complaint letter was received by Council relating to unauthorised installation of condenser unit above the subject Unit 2. Upon further investigation by Council’s Environmental Health Officer, the alleged “condenser unit” is in fact a non-powered roof ventilator (commonly known as “whirly bird”). The operator of the chocolate factory has explained that the roof ventilator is an existing installation and has recently been subjected to leaking problems; for this reason, the ventilator has been covered in plastic and appears to be a new installation. Further investigation in this matter has been undertaken by Council’s compliance staff.

 

Roof ventilator in question

 

5.      Community Consultation

 

The subject application was notified from 20 June to 4 July 2011 in accordance with the provisions of Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submission was received at the conclusion of the public consultation process:

 

·      61/61A Perry Street, Matraville

 

The issues raised in the submission are addressed as follows:

 

Issues

Comments

The premises at Units 2 and 26 have been operating without approval from Council and are unauthorised use.

Noted. The subject application seeks retrospective approval for the continued use of Unit 2 for the manufacturing, storage and distribution of confectionary. The current planning legislation does not prohibit Council from granting consent for such a purpose.

 

However, the EP&A Act does not allow the granting of retrospective approval for unauthorised building works. Therefore, a special condition will be recommended to exclude approval for the unauthorised building works that have already been completed on the site without Council’s consent.

The subject chocolate factory has created significant noise impacts on the nearby residences.

The proposal will not generate unreasonable noise impacts on the nearby residences, subject to the recommended conditions. Refer to the “Environmental Assessment” section of this report for details.

The noise report submitted with the development application is not prepared by a member of the Australian Association of Acoustical Consultants (AAAC) and lacks credibility.

There is no Council policy that prohibits the consideration of noise reports prepared by an acoustics consultant, who is not a member of AAAC.

 

Council’s Environmental Health Officer has reviewed the submitted noise reports and raised no objections on the basis of the consultant’s professional affiliation.

 

Refer to the “Environmental Assessment” section of this report for details on noise assessment.

The acoustics consultant has only undertaken a 1-day attended noise measurement relating to impact on the nearest residential use.

 

The report has not appropriately addressed noise from all machinery relating to the factory.

 

The report has not noted the fact that transport noise is lower at night and early morning hours, which renders machinery noise audible from the nearby residences.

At Council’s request, an amended acoustics report has been submitted which contains additional details relating to the dates and time when noise measurements were undertaken.

 

Full details on Council’s noise assessment and relevant site inspections are presented in the “Environmental Assessment” section of this report. 

 

It is considered that the proposal will not result in unreasonable noise impacts on the nearby residences, subject to the recommended conditions.

Forklifts have been operating during late night / early morning hours and generate noise.

An email from the General Manager of Sweet William, dated 8 December 2011, confirms that the premises do not have staff present on the site during late night hours.

 

There is no evidence to prove that any late night operation of forklifts within the complex is associated with Sweet William.

 

6.      Technical Officers Comments

 

6.1    Environmental Health Officer

The comments provided by Council’s health officer are extracted under the “Environmental Assessment” section of this report.

 

6.2    Building Surveyor

The comments provided by Council’s Building Surveyor are extracted below:

 

The premises have a current fire safety statement and no work is proposed or required in relation to fire safety. No objection to approval being granted.

 

7.      Master Planning Requirements

 

A master plan is not required for the subject proposal.

 

8.      Relevant Environmental Planning Instruments

 

8.1    Randwick Local Environmental Plan 1998 (Consolidation)

The subject site is zoned 4A Industrial under RLEP 1998 (Consolidation). The proposed use is defined as “light industry” pursuant to Clause 49, and is permissible with Council’s consent. The objectives of the 4A zone are addressed as follows:

 

(a)    To accommodate both traditional and modern forms of industrial development, and

The proposal is for the use of the existing unit for the manufacturing, storage and distribution of confectionary. The operation will utilise modern machinery and technology in the production process.

 

(b)    To ensure industrial development creates areas which are pleasant to work in, and

Suitable staff amenities have been provided within the premises.

 

(c)    To ensure safe and efficient transportation, land utilisation and service distribution, and

The existing unit contains a dedicated loading dock which will facilitate deliveries to and from the premises. The site has convenient access to the regional transport network.

 

(d)    To encourage innovation and development in industries, and

The proposal does not discourage innovation and development in the manufacturing industry.

 

(e)    To improve the physical environment of the City of Randwick, and

The proposal will not alter the physical appearance and built form of the warehouse complex on the site.

 

(f)      To enable development for the purpose of retailing and commercial offices only where it is associated with and ancillary to industrial use of the same land.

The mezzanine office areas provide clerical administration space, which is ancillary to the factory use.

 

9.      Policy Controls

 

9.1    Randwick Development Control Plan – Parking

The Parking DCP stipulates the following requirements for industrial, warehouse and office uses:

 

Factories: 1 space per 80m2 GFA

Warehouse: 1 space per 300m2 GFA

Business premises: 1 space per 40m2 GFA

 

The following table summarises the parking calculations for the proposed use. For the purpose of assessment, loading dock, hallways and staff amenity areas, which do not contribute to parking generation, have been excluded from the calculations.

 

Use

Floor area (m2)

Rate (car space / m2)

Requirement

Factory

116

1/80

1.45

Warehouse

65

1/300

0.22

Business

48

1/40

1.20

Total

 

 

2.87 or 3 spaces

 

The submitted Strata plan shows that a total of 3 car spaces are allocated to the subject unit, and hence complies with the DCP requirements.

 

10.    Environmental Assessment

 

10.1  Section 79C assessment

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

RLEP 1998 (Consolidation)

The subject site is zoned 4A Industrial. The proposed use is defined as “light industry” pursuant to Clause 49 of the LEP, and is permissible with Council’s consent. The proposal is considered to satisfy the zoning objectives listed under Clause 15.

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

The Draft RLEP 2012 has been placed on public exhibition. The site is zoned IN2 (Light Industrial) under the Draft LEP. The proposal is not considered to detract from the general aims and zoning objectives of the Draft LEP.

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

The proposal satisfies the requirements of the Parking DCP.

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

Not applicable.

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

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

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

The environmental impacts of the proposed development on the natural and built environment, which are otherwise not addressed within the body of this report, are discussed below.

 

The proposed development is consistent with the industrial and warehousing uses in the locality and will contribute to employment generation. The proposal is not considered to result in detrimental social or economic impacts.

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

The site is located within an established industrial / warehouse area and has convenient access to the regional transport network. The subject Unit 2 is situated within a purpose-built warehouse estate and has sufficient areas and supporting facilities to accommodate the proposed operation. 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 within the body of this report.

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

The proposal promotes the objectives of the 4A Zone and will not result in unreasonable adverse environmental, social or economic impacts on the locality, subject to conditions. Therefore, the proposal is considered to be within public interest.

 

 

10.2  Noise and environmental health issues

The subject application has been referred to Council’s Environmental Health Officer for assessment. The comments provided are extracted below:

 

Food Safety

A site inspection of units 2 and 26 was conducted on 7 July 2011 with Doug Currie (General Manager of Sweet William Pty Ltd), Simon Ip (Planning Officer), Shane Borg (Environmental Compliance Officer) and Rachel Ng (Environmental Health Officer) to observe the operation of the site and the location of all plant and equipment on site.

 

Standard conditions in relation to food safety have been included in the following referral to ensure compliance with the relevant legislation and guidelines.

 

Acoustics

Council initially received concerns about noise mainly plant and equipment from the subject premises in 2010 from the owner of the nearest residential dwelling located in Perry Street, Matraville. Council’s environmental health officers subsequently investigated the concerns and requested the operators to provide an acoustic report as noise sources were identified as a potential noise nuisance.

 

An initial Environmental Noise Impact Statement was submitted to Council with this application prepared by Acoustic Logic (Document Reference: 20101213.1/2001A/R0/YK), dated 20 January 2011 for Sweet William Pty Ltd and its operations in suite 2 and 26, 30-32 Perry Street, Matraville which concluded that the noise measured and assessed from the premises complied with the NSW Industrial Noise Policy criteria.

 

Council officer's then undertook an investigation into Sweet William Pty Ltd (units 2 and 26 of 32 Perry Street), including a review of the approvals and consent history, site inspections and noise assessment. Council officers also carried out an inspection in the late evening, to assess the noise levels from the subject premises. During the course of the investigation, it was also identified that there was no development consent for the business.

 

Council requested that separate noise assessments be conducted and submitted with the development applications to seek approval to operate in units 2 and 26. Subsequently a revised Environmental Noise Impact Statement  was submitted to Council with this application prepared by Acoustic Logic (Document Reference: 20101213.1/2302A/R1/YK), dated 23 February 2011 for Sweet William Pty Ltd and its operations in suite 2, 30-32 Perry Street, Matraville.

 

A site inspection of units 2 and 26 was conducted on 7 July 2011 with Doug Currie (General Manager of Sweet William Pty Ltd), Simon Ip (Planning Officer), Shane Borg (Environmental Compliance Officer) and Rachel Ng (Environmental Health Officer) to observe the operation of the site and the location of all plant and equipment on site.

 

Council officers have reviewed the submitted Environmental Noise Impact Statement and requested the additional information be provided in order to clarify and assess the noise emissions and assessment from the premises, prior to a determination of the development application.

 

A revised Environmental Noise Impact Statement was subsequently submitted to Council with this application prepared by Acoustic Logic (Document Reference: 20101213.1/1905A/R3/YK), dated 15 May 2011 for Sweet William Pty Ltd and its operations in suite 2, 30-32 Perry Street, Matraville which concludes that the measured noise levels at the worst affected residential receivers comply with the regulatory criteria for noise emissions as outlined in the document without any additional ameliorative treatments required.

 

Acoustic consultants also conclude that in order to ensure ongoing compliance with noise emission goals, it is recommended that in the event that new, external mechanical plant is installed, an acoustic assessment of the new plant should be undertaken.

 

The Environmental Noise Impact Statement states that the air conditioning unit is servicing the commercial space and will not be in operation during the evening and night-time periods.

 

 

 

Use of air conditioning unit is restricted to:  

Monday to Friday:              7:00am - 6.00pm

 

The subject residential premises is located opposite the industrial complex and in close proximity to the Port and other industrial development in which it can be difficult to identify specific noise sources. Potential noise sources can also be affected by different weather conditions in particular the wind direction and speed.

 

Although each premise may individually comply with the relevant noise assessment criteria, the cumulative noise impact of a number of similar industrial and port uses all contribute to the background and intrusive noise.

 

It is also reasonable to note that the close proximity of residential premises and zones to industrial areas and zones, in any Council, may at times result in potential impacts from noise, traffic and operational disturbances.

 

Although the applicants have proposed to operate 24 hours seven days a week, it should be noted that staff are only on the premises during restricted hours and some plant and equipment are set to automatic operation outside of these hours.

 

Hours of Staff working on premises is restricted to:

Monday to Friday:              6.30am - 5.00pm

 

Council sought further clarification of the hours of operation proposed. A Letter received from applicants Willana Associates Pty Ltd dated 29 September 2011 confirmed that only some plant and equipment will require 24 hours seven days operation.

 

The machinery that operates 24 hours seven days a week is:

1.     Cool room for finished goods. (Unit 26)

2.     Raw material cool room. (Unit 2)

3.     Internal chiller units operate automatically to maintain ambient temperatures of +18oC in each case. (Unit 2)

4.     Stirrers in the mixing tanks in Unit 2 are set to automatic operation, which means they activate briefly between the hours of 5.00pm to 6.00am. The stirrers are required to maintain the viscosity of the liquid chocolate during non operational hours. (Unit 2)

 

Other proposed operational elements in the unit include:

 

Deliveries only occur between:

Monday to Friday:              7.30am - 4.00pm

 

Use of forklift is restricted to:     

Monday to Friday:              7.30am - 2.00pm

 

Waste removal is restricted to:

Monday to Friday:              6.30am - 5.00pm

 

After discussion with the Manager of Health Building and Regulatory services and the assessing planner, it was agreed that the hours proposed for deliveries and forklift use is too restrictive. The following hours are recommended for an industrial premise:

 

 

Deliveries only occur between:

Monday to Friday:              7.30am - 5.00pm

 

Use of forklift is restricted to:     

Monday to Friday:              7.30am - 5.00pm

 

An independent peer review of the revised Environmental Noise Impact Statement submitted to Council prepared by Acoustic Logic (Document Reference: 20101213.1/1905A/R3/YK), dated 15 May 2011 was conducted by Wilkinson Murray. A letter with a summary of the review from Wilkinson Murray was sent to Council 28 November 2011 revealing discrepancies in the noise readings and recommended Sweet William seek further advice on suitable attenuation measures to reduce the noise emission to a satisfactory level.

 

A simultaneous noise assessment was conducted on the evening of 15 December 2011 with Council’s independent acoustic consultant from Wilkinson Murray, Sweet Williams acoustic consultant from Acoustic Logic, General Manager of Sweet William, Sweet Williams Planning Consultant from Willana Associates and Council’s Environmental Health Officers.

 

A revised Environmental Noise Impact Statement was subsequently submitted to Council with this application prepared by Acoustic Logic (Document Reference: 20101213.3/1612A/R1/YK), dated 16 December 2011 for Sweet William Pty Ltd and its operations in suite 2, 30-32 Perry Street, Matraville which concludes that the measured noise levels at the worst affected residential receivers comply with the regulatory criteria for noise emissions as outlined in the document without any additional ameliorative treatments required. However, ameliorative treatment was recommended to further reduce the impacts of noise emissions from the rooftop plant.

 

Following discussions and intentions to install noise mitigation measures and the option to possibly relocate the rooftop plant and equipment, it was decided that a timer is to be installed to the equipment attached to the rooftop plant.

 

An evening noise assessment was conducted on 14 March 2012 with Council’s independent acoustic consultant from Wilkinson Murray, General Manager of Sweet William and Council’s Environmental Health Officer to assess the effectiveness of the installed timer to the equipment. During the noise assessment it was observed that the timer installed failed to operate that evening, however it was identified that the main noise source during the evening was the equipment that is attached to the rooftop (radiator component of the compressor). The General Manager of Sweet William made a decision to disconnect this piece of equipment.

 

Sweet William sent Council a copy of the service sheet from C.J.O Group Pty Ltd dated 15 March 2012 advising that the radiator component of the compressor had been disconnected.

 

A revised Environmental Noise Impact Statement was subsequently submitted to Council with this application prepared by Acoustic Logic (Document Reference: 20101213.4/2103A/R0/YK), dated 21 March 2012 for Sweet William Pty Ltd and its operations in suite 2, 30-32 Perry Street, Matraville which concludes that the measured noise levels at the worst affected residential receivers comply with the regulatory criteria for noise emissions as outlined in the document without any additional ameliorative treatments required.

 

The potential for noise nuisance has been considered and appropriate conditions have been included in this referral.

 

Environmental Pollution

Standard conditions in relation to pollution control have been included in the following referral to ensure compliance with the relevant legislation and guidelines.

 

Assessment Officer’s comments:

There are residential uses to the south of the site at the corner of McCauley and Perry Streets. The proposed 24-hour operation of plant and equipment has noise implications on the nearby residences.

 

The application has included a noise report prepared by Acoustic Logic. Following preliminary assessment of the application, the planning officer requested a revised acoustics report to be submitted in order to clarify the times and dates on which the noise measurements were undertaken. The revised noise report indicates that the combined noise emission from the internal and external plant and equipment would satisfy relevant acoustic criteria, and would not result in unreasonable impacts on the nearest residential receivers.

 

Council has engaged an independent acoustics consultant, Wilkinson Murray, to undertake a peer review of the applicant’s noise assessment (prepared by Acoustic Logic). The peer review indicates that Acoustic Logic is likely to have under-estimated the noise generation from the plant and equipment of Unit 2, and that the noise measurement readings are not reliable. Wilkinson Murray recommends that suitable attenuation measures be investigated in order to bring the noise emission to an acceptable level.

 

A joint site inspection by the noise consultants engaged by Council and the applicant, with the presence of Council’s health officer and representative from Sweet William, was undertaken on 15 December 2011. The purpose of the joint inspection is to verify the noise measurements conducted by Acoustic Logic and to discuss potential mitigation measures for resolving the noise impacts on nearby residences.

 

A supplementary noise report from Acoustic Logic, dated 16 December 2011, was submitted to Council. The report argues that the measured noise levels at the worst affected residential receivers would comply with relevant regulatory criteria without any additional ameliorative treatments being installed. However, additional noise attenuation device is recommended to further reduce the noise impacts from the rooftop plant and equipment associated with Unit 2.

 

Sweet William has since explored different options for attenuating noise emission from the rooftop plant and equipment, they include:

·      Installation of acoustic screens to contain noise generation from the rooftop plant and equipment.

·      Relocation of the rooftop plant and equipment.

·      Installation of a timer to automatically switch off the rooftop plant and equipment during the night time period.

 

Sweet William decided to adopt the timer solution and has installed an electrical timer connected to the rooftop equipment.

 

A second joint site inspection by the noise consultants engaged by Council and the applicant, with the presence of Council’s health officer and representative from Sweet William, was undertaken in the evening of 14 March 2012. During the inspection, however, it was noted that the installed timer failed to operate. Notwithstanding, it was identified during the inspection that the main noise source is the roof-mounted back-up radiator, which is associated with the air conditioning compressor for the unit. Sweet William eventually made the decision to disconnect electricity supply to the radiator and hence decommission this equipment.

 

A statement from CJO Group Pty. Ltd. was submitted to Council on 15 March 2012 advising that the radiator component of the compressor has been disconnected.

 

A further noise report from Acoustic Logic, dated 21 March 2012, was submitted to Council. The report concludes that the measured noise levels at the worst affected residential receivers comply with the regulatory criteria for noise emissions.

 

Following the joint site inspections and review of the noise reports from both the applicant and Council’s consultant, the critical noise source from Unit 2, being the rooftop backup radiator, has been identified. The disconnection of the rooftop radiator would minimise noise intrusion to the nearby residences in Perry Street.

 

Council’s health officer has also recommended a number of conditions to restrict the operation hours of the premises. These include restrictions on staff working hours, delivery hours, forklift usage hours and operation hours of certain plant and equipment.

 

In particular, the health officer has suggested the staff working hours to be restricted to: 6.30am - 5.00pm, Monday to Friday. However, given the industrial nature of the locality, it is recommended that the permissible staff working hours be restricted to 6:30am to 5:30pm, Monday to Friday. This will allow an additional half hour for staff working in the premises. The other time restrictions on deliveries, forklift operation and machinery operation as suggested by the health officer have been incorporated in the “Recommendation” section of this report.

 

Subject to conditions that restrict operation hours of various activities relating to the premises, it is considered that no unreasonable impacts upon the amenity of the surrounding residential uses will result and the proposal should be supported.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:      Leadership in sustainability; a strong local economy

Direction:      Improved design and sustainability across all development; vibrant business, commercial and industrial sectors that provide on going and diverse employment opportunities

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal complies with the relevant assessment criteria and will not result in any unreasonable impacts upon the amenity of the surrounding properties or the character of the locality. The application is therefore 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. DA/441/2011 for use of Unit 2 as a light industry for the manufacturing, storage and distribution of confectionary, with 24 hours, 7 days a week operation of plant and machinery, at 2/30 Perry Street, MATRAVILLE NSW 2036, subject to the schedule of conditions attached to this report:

 


DEVELOPMENT CONSENT CONDITIONS

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

U.02 (A)

Christo Architects

18.08.11

26 August 2011

A.02 (A)

18.08.11

26 August 2011

Site Plan

Willana Associates

May 2011

15 June 2011

 

2.       This development consent does NOT approve any of the building works within the premises, including partitions and plant and equipment, which have already been executed and completed prior to the granting of any approval from Council.

 

The following conditions have been applied to ensure that noise emissions from the development satisfy legislative requirements and to maintain reasonable levels of amenity to the area:

 

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

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

4.       The proprietor / operator must establish and maintain a formal and documented system for the recording and resolution of complaints made to the premises by residents. A 24-hour contact number is to be provided for resident complaints (this is to be shown by the installation of a sign at or near the front pedestrian entry to Unit 2 with the contact details being clearly indicated). 

 

All complaints are to be attended to in a courteous and efficient manner and referred promptly to the operations manager. The appropriate remedial action, where possible, is to be implemented immediately and the operations manager is to contact the complainant within 48 hours to confirm details of action taken.

 

Upon request, the proprietor / operator must make available the incident book to Council officers.

 

5.       Hours of staff working at the premises shall be restricted to the following:

Monday to Friday:    6.30am - 5.30pm

 

6.       The machinery and equipment that operate 24 hours, 7 days a week are limited to the following:

 

·     Raw materials cool room.

 

·     Internal chiller units that operate automatically to maintain ambient temperatures.

 

·     Stirrers in the mixing tanks. 

 

All other plant and equipment must not be in operation between 6.00pm to 6.00am, 7 days a week.

 

7.       Deliveries to and from the premises shall only occur between:

Monday to Friday:    7.30am - 5.00pm

 

8.       Use of forklifts shall be restricted to the following hours:    

Monday to Friday:    7.30am - 5.00pm

 

9.       Use of air conditioning units shall be restricted to the following hours:

Monday to Friday:    7:00am - 6.00pm

 

10.     Waste removal is restricted to the following hours:

Monday to Friday:    6.30am - 5.00pm

 

The following conditions are applied to satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

11.     A separate approval from Council is required for the installation of any new external mechanical plant or equipment. An acoustic assessment of the new plant or equipment shall be undertaken by a suitably qualified and experienced consultant in acoustics, which demonstrates and certifies that noise and vibration from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW EPA/DECC Noise Control Manual & Industrial Noise Policy and conditions of Council’s consent.  A copy of the report is to be submitted as part of the application for Council’s assessment.

 

12.     There are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

The following conditions are applied to ensure compliance with the Food Act 2003 and to ensure public health and safety:

 

13.     Food safety practices and operation of the food premises must be in accordance with the Food Act 2003, Food Regulation 2010, AS 4674 (2004) and Food Safety Standards at all times, including the requirements and provisions relating to:

·       Food handling – skills, knowledge and controls.

·       Health and hygiene requirements.

·       Requirements for food handlers and businesses.

·       Cleaning, sanitising and maintenance.

·       Design and construction of food premises, fixtures, fitting and equipment.

 

The proprietor of the food business and all staff carrying out food handling and food storage activities must have appropriate skills and knowledge in food safety and food hygiene matters, as required by the Food Safety Standards.

 

A failure to comply with the relevant food safety requirements is an offence and may result in legal proceedings, service of notices and/or the issuing of on-the-spot penalty infringement notices.

 

14.     The premises must notify the NSW Food Authority in accordance with the Food Safety Standards.

 

15.     Sanitary facilities, plus wash hand basin and paper towel dispenser or hand dryer and appropriate signage, must be provided to the premises and be maintained in a clean and sanitary condition at all times.

 

16.     Adequate provisions are to be made within the premises for the storage, collection and disposal of trade/commercial waste and recyclable materials, to the satisfaction of Council.

 

The waste storage area must be located within the property and not within any areas used for the preparation or storage of food.

 

A tap and hose is to be provided within or near the waste storage area and suitable drainage provided so as not to cause a nuisance.

 

Waste/recyclable bins and containers must not be placed on the footpath (or road), other than for waste collection, in accordance with Council’s requirements.

 

17.     Trade/commercial waste materials must not be disposed via council’s domestic garbage service.  All trade/commercial waste materials must be collected by Council’s Trade Waste Service or a waste contractor authorised by the Waste Service of New South Wales.

 

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                     24 April 2012

 

 

Director City Planning Report No. CP25/12

 

 

Subject:                  26/32 Perry Street, Matraville (DA/442/2011)

Folder No:                   DA/442/2011

Author:                   Simon  Ip, Senior Environmental Planning Officer      

 

Proposal:                     Use of Unit 26 as a light industry for manufacturing, storage and distribution of confectionary, with 24 hours, 7 days a week operation of plant and machinery.

Ward:                      South Ward

Applicant:                Sweet William

Owner:                         Strand (Vic) Pty. Ltd.

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.        Executive Summary

 

The subject application is referred to the Ordinary Council Meeting at the request of Councillors Andrews, Belleli and Matthews.

 

The proposal seeks retrospective approval for the use of a warehouse unit for the manufacturing, storage and distribution of confectionary, with 24 hours, 7 days a week operation of plant and machinery. The use has already commenced and the internal partitions and plant and equipment have been installed prior to the granting of approval from Council and hence are unauthorised.

 

The confectionary producer is currently also operating at Unit 2 of the same warehouse complex. Both Units 2 and 26 operate in close association with each other in the manufacturing process. A development application for the use of Unit 2 for the manufacturing, storage and distribution of confectionary has been received by Council. The above development application is being considered by Council.

 

The subject application was notified in accordance with the DCP – Public Notification of Development Proposals and Council Plans. A total of one (1) submission was received at the conclusion of the public consultation process. The issues raised are primarily related to noise generation from the plant and equipment of the premises, the history of unauthorised operation, and validity of the analysis contained in the applicant’s acoustics report.

 

The subject site is zoned 4A Industrial under RLEP 1998 (Consolidation). The proposed use is defined as “light industry” pursuant to Clause 49 of the LEP, and is permissible with Council’s consent. The proposed development is consistent with the industrial and warehousing uses in the locality and will contribute to employment generation. The proposal is considered to satisfy the 4A zoning objectives.

 

There are residential uses to the south of the site at the corner of McCauley and Perry Streets. The proposed 24-hour operation of plant and equipment has noise implications on the nearby residences.

 

The application has included a noise assessment report prepared by an acoustics consultant. The report indicates that the combined noise emission from the internal and external plant and equipment would satisfy relevant acoustic criteria, and would not result in unreasonable impacts on the nearest residential receivers.

 

Council has also engaged an independent acoustics consultant to undertake a peer review of the noise report submitted by the applicant. The peer review does not raise any issues with the plant and equipment and operation of Unit 26.

 

Council’s health officer has reviewed the application and raised no objections, subject to various conditions that restrict the operation hours of the premises. These include restrictions on staff working hours, delivery hours, forklift usage hours and operation hours of certain plant and equipment. Subject to the aforementioned conditions, it is considered that no unreasonable impacts upon the amenity of the surrounding residential uses will result.

 

The current planning legislation does not allow the granting of retrospective approval for unauthorised building works. Therefore, it is recommended that a special condition be incorporated to exclude approval for the unauthorised works.

 

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

 

2.        The Subject Site and Surrounding Area

 

The subject site is described as Lot 13 in SP 38298, 26/32 Perry Street, Matraville. The subject unit (Unit 26) is situated within a purpose-built warehouse complex that has been subdivided under two Strata plans, being SP 38298 and SP 34610. The complex contains 8 buildings with a total of 30 warehouse units and off-street parking facilities. Unit 26 is situated within the complex and does not front onto any public road. The unit contains a loading dock and ancillary office space at the mezzanine level.

 

The locality is predominantly characterised by industrial, warehousing and employment-generating uses. A low density residential area is located on the southern side of Perry Street to the east of McCauley Street.

 

Front entry to Unit 26

 

3.        The Proposal

 

The proposal seeks retrospective approval for the use of Unit 26 as a light industry for manufacturing, storage and distribution of confectionary. The use has commenced without approval from Council and therefore is unauthorised.

 

Nature of the operation:

Sweet William occupies both Unit 26 (subject site) and Unit 2 within the industrial / warehouse complex at 30-32 Perry Street. The two units operate in close association with each other for the making of confectionary products. The Statement of Environmental Effects contains detailed information describing the manufacturing procedures for the confectionary, which is extracted below:

 

 

Staff numbers:

The SEE provides the following information:

 

 

Hours of operation:

According to the SEE, the main operation hours are from 6:00AM to 2:30PM, Monday to Friday. During these hours, the machinery will be operating and deliveries will be received and deployed. Due to the nature of the chocolate production which requires 24-hour functioning of machinery, the subject application seeks approval for 24 hours, 7 days a week operation.

 

The applicant has subsequently submitted additional information to clarify the hours of operation relating to various aspects of the premises:

 

 

 

Servicing and deliveries:

The SEE provides the following information:

 

4.        Site History

 

4.1      Background

The Statement of Environmental Effects provides the following background information relating to the Sweet William operation:

 

 

The use has commenced and the internal partitions and equipment have been installed prior to the granting of approval from Council. The premises contain unauthorised building works that have been executed without approval. The current planning legislation does not allow the granting of retrospective approval for unauthorised works. Therefore, it is recommended that any consent granted for the use of Unit 26 should incorporate a condition that excludes approval for the unauthorised works.

 

4.2      Development application relating to the subject premises

Development Application number 441/2011 for use of Unit 2, 30 Perry Street for the manufacturing, storage and distribution of confectionary, with 24 hours 7 days a week operation of plant and equipment, was lodged with Council on 15 June 2011. The above development application relates to the use of Unit 2 within the same warehouse complex by Sweet William. This application is being considered by Council’s assessment staff when this report is prepared.

 

5.        Community Consultation

 

The subject application was notified from 20 June to 4 July 2011 in accordance with the provisions of Development Control Plan – Public Notification of Development Proposals and Council Plans. The application was re-notified from 31 October to 14 November 2011 with the notification area extended to cover a number of dwellings on the southern side of Perry Street.

 

The following submission was received at the conclusion of the public consultation processes:

 

·      61-61A Perry Street, Matraville

 

The issues raised in the submission are addressed as follows:

 

Issues

Comments

Council has not notified the nearby residential properties when the application was received in June 2011.

The subject unit is located well within the warehouse complex at 32 Perry Street and has no frontage to any public road.

 

Notwithstanding, during the detailed assessment phase, Council’s assessment officers considered that consultation with the nearest residences at 61, 61A and 63 Perry Street would be appropriate given the potential noise implication. Therefore, the same application was re-notified to the above-mentioned properties in November 2011.

The premises at Units 2 and 26 have been operating without approval from Council and are unauthorised use.

Noted. The subject application seeks retrospective approval for the continued use of Unit 26 for the manufacturing, storage and distribution of confectionary. The current planning legislation does not prohibit Council from granting consent for such a purpose.

 

However, the EP&A Act does not allow the granting of retrospective approval for unauthorised building works. Therefore, a special condition will be recommended to exclude approval for the unauthorised building works that have already been completed on the site without Council’s consent.

The subject chocolate factory has created significant noise impacts on the nearby residences.

Based on detailed assessment of the subject application and associated noise reports, it is considered that the proposal will not generate unreasonable noise impacts on the nearby residences, subject to the recommended conditions. The subject Unit 26 is located well within the warehouse complex with no public road frontage. The likelihood of having excessive noise impact from the plant and equipment is not considered to be significant provided adequate conditions are in place.

 

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

The noise report submitted with the development application is not prepared by a member of the Australian Association of Acoustical Consultants (AAAC) and lacks credibility.

There is no Council policy that prohibits the consideration of noise reports prepared by an acoustics consultant, who is not a member of AAAC.

 

Council’s Environmental Health Officer has reviewed the submitted noise reports and raised no objections on the basis of the consultant’s professional affiliation.

The acoustics consultant has only undertaken a 1-day attended noise measurement relating to impact on the nearest residential use.

 

The report has not appropriately addressed noise from all machinery relating to the factory.

 

The report has not noted the fact that transport noise is lower at night and early morning hours, which renders machinery noise audible from the nearby residences.

At Council’s request, an amended acoustics report has been submitted which contains additional details relating to the dates and time when noise measurements were undertaken. The amended report has also analysed noise generation from different machinery relating to the premises.

 

Council’s Environmental Health Officer has reviewed the amended acoustics assessment and raised no further objections.

 

Council’s independent consultant has not raised any concerns relating to the plant and equipment and operation of Unit 26.

 

It is considered that the proposal will not result in unreasonable noise impacts on the nearby residences, subject to the recommended conditions.

 

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

 

6.        Technical Officers Comments

 

6.1      Environmental Health Officer

The comments provided by Council’s Environmental Health Officer are extracted under the “Environmental Assessment” section of this report.

 

6.2      Building Surveyor

The application has been referred to Council’s Building Surveyor for assessment. The comments provided are extracted below:

 

The proposal

It is proposed to legitimise the use of the existing 2 storey industrial premises as a chocolate factory. The premises have been operating for approx. 10 years.

 

BCA Building Classification

Class 8 – Factory

 

Description of the Building

 

In summary, the building incorporates:

 

§ A ‘rise in storeys’ of two

§ Masonry walls, metal roof and concrete floors

§ One exit stairway, of concrete construction

§ Part of a purpose built industrial estate

 

Key Issues

 

Building Code of Australia (BCA):

 

No building work is proposed.

Full details of compliance with BCA fire safety provisions are not included in the DA documentation and therefore further detailed information is required to be provided prior to the issue of an occupation certificate. In this regard it will be necessary for the applicant to obtain a report from a suitably qualified accredited building consultant  to address where the premises not comply with the current provisions of parts D and E of the BCA and carry out any recommended upgrading works prior to the issue of an occupation certificate.

 

7.        Master Planning Requirements

 

A master plan is not required for this application.

 

8.        Relevant Environmental Planning Instruments

 

8.1      Randwick Local Environmental Plan 1998 (Consolidation)

The subject site is zoned 4A Industrial under RLEP 1998 (Consolidation). The proposed use is defined as “light industry” pursuant to Clause 49, and is permissible with Council’s consent. The objectives of the 4A zone are addressed as follows:

 

(a)    To accommodate both traditional and modern forms of industrial development, and

The proposal is for the use of the existing unit for the manufacturing, storage and distribution of confectionary. The operation will utilise modern machinery and technology in the production process.

 

(b)    To ensure industrial development creates areas which are pleasant to work in, and

Suitable staff amenities have been provided within the premises.

 

(c)    To ensure safe and efficient transportation, land utilisation and service distribution, and

The existing unit contains a dedicated loading dock which will facilitate deliveries to and from the premises. The site has convenient access to the regional transport network.

 

(d)    To encourage innovation and development in industries, and

The proposal does not discourage innovation and development in the manufacturing industry.

 

(e)    To improve the physical environment of the City of Randwick, and

The proposal will not alter the physical appearance and built form of the warehouse complex on the site.

 

(f)      To enable development for the purpose of retailing and commercial offices only where it is associated with and ancillary to industrial use of the same land.

The mezzanine office areas provide clerical administration space, which is ancillary to the factory use.

 

9.        Policy Controls

 

9.1      Randwick Development Control Plan – Parking

 

The Parking DCP stipulates the following requirements for industrial and office uses:

 

Factories: 1 space per 80m2 GFA

Warehouse: 1 space per 300m2 GFA

Business premises: 1 space per 40m2 GFA

 

The following table summarises the parking calculations for the proposed use. For the purpose of calculation, loading docks, hallways and staff amenity rooms have been excluded.

 

Use

Floor area (m2)

Rate

Requirement

Factory

179m2

1/80m2

2.24

Warehouse

161m2

1/300m2

0.54

Business

139m2

1/40m2

3.48

Total

 

 

6.26 or 6 spaces

 

The submitted Strata plan shows that a total of 6 car spaces are allocated to the subject unit, and hence complies with the DCP requirements.

 

10.      Environmental Assessment

 

10.1   Section 79C assessment

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

RLEP 1998 (Consolidation)

The subject site is zoned 4A Industrial. The proposed use is defined as “light industry” pursuant to Clause 49 of the LEP, and is permissible with Council’s consent. The proposal is considered to satisfy the zoning objectives listed under Clause 15.

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

The Draft RLEP 2012 has been placed on public exhibition. The site is zoned IN2 (Light Industrial) under the Draft LEP. The proposal is not considered to detract from the general aims and zoning objectives of the Draft LEP.

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

The proposal satisfies the requirements of the Parking DCP.

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

Not applicable.

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

The relevant clauses of the EP&A Regulation are addressed by the recommended standard conditions.

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

The environmental impacts of the proposed development on the natural and built environment, which are otherwise not addressed within the body of this report, are discussed below.

 

The proposed development is consistent with the industrial and warehousing uses in the locality and will contribute to employment generation. The proposal is not considered to result in detrimental social or economic impacts.

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

The site is located within an established industrial / warehouse area and has convenient access to the regional transport network. The subject Unit 26 is situated within a purpose-built industrial estate and has sufficient areas to accommodate the proposed operation. 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 within the body of this report. 

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

The proposal promotes the objectives of the 4A Zone and will not result in unreasonable adverse environmental, social or economic impacts on the locality, subject to conditions. Therefore, the proposal is considered to be within public interest.

 

10.2   Noise and environmental health issues

There are residential uses to the south of the site at the corner of McCauley and Perry Streets. The proposed 24-hour operation of plant and equipment would have noise implications on the nearby residences.

 

The application has included a noise report prepared by Acoustic Logic and has been referred to Council’s Environmental Health Officer for assessment. The comments provided are extracted below:

 

Food Safety

A site inspection of units 2 and 26 was conducted on 7 July 2011 with Doug Currie (General Manager of Sweet William Pty Ltd), Simon Ip (Planning Officer), Shane Borg (Environmental Compliance Officer) and Rachel Ng (Environmental Health Officer) to observe the operation of the site and the location of all plant and equipment on site.

 

Standard conditions in relation to food safety have been included in the following referral to ensure compliance with the relevant legislation and guidelines.

 

Acoustics

Council initially received concerns about noise mainly plant and equipment from the subject premises in 2010 from the owner of the nearest residential dwelling located in Perry Street, Matraville. Council’s environmental health officers subsequently investigated the concerns and requested the operators to provide an acoustic report as noise sources were identified as a potential noise nuisance.

 

An initial Environmental Noise Impact Statement was submitted to Council with this application prepared by Acoustic Logic (Document Reference: 20101213.1/2001A/R0/YK), dated 20 January 2011 for Sweet William Pty Ltd and its operations in suite 2 and 26, 30-32 Perry Street, Matraville which concluded that the noise measured and assessed from the premises complied with the NSW Industrial Noise Policy criteria.

 

Council officer's then undertook an investigation into Sweet William Pty Ltd (units 2 and 26 of 32 Perry Street), including a review of the approvals and consent history, site inspections and noise assessment. Council officers also carried out an inspection in the late evening, to assess the noise levels from the subject premises. During the course of the investigation, it was also identified that there was no development consent for the business.

 

Council requested that separate noise assessments be conducted and submitted with the development applications to seek approval to operate in units 2 and 26. Subsequently a revised Environmental Noise Impact Statement  was submitted to Council with this application prepared by Acoustic Logic (Document Reference: 20101213.2/1605A/R0/YK), dated 23 February 2011 for Sweet William Pty Ltd and its operations in suite 26, 30-32 Perry Street, Matraville.

 

A site inspection of units 2 and 26 was conducted on 7 July 2011 with Doug Currie (General Manager of Sweet William Pty Ltd), Simon Ip (Planning Officer), Shane Borg (Environmental Compliance Officer) and Rachel Ng (Environmental Health Officer) to observe the operation of the site and the location of all plant and equipment on site.

 

Council officers have reviewed the submitted Environmental Noise Impact Statement and requested the additional information be provided in order to clarify and assess the noise emissions and assessment from the premises, prior to a determination of the development application.

 

A revised Environmental Noise Impact Statement was subsequently submitted to Council with this application prepared by Acoustic Logic (Document Reference: 20101213.2/1605A/R0/YK), dated 16 May 2011 for Sweet William Pty Ltd and its operations in suite 26, 30-32 Perry Street, Matraville which concludes that the measured noise levels at the worst affected residential receivers comply with the regulatory criteria for noise emissions as outlined in the document without any additional ameliorative treatments required.

 

Acoustic consultants also conclude that in order to ensure ongoing compliance with noise emission goals, it is recommended that in the event that new, external mechanical plant is installed, an acoustic assessment of the new plant should be undertaken.

 

The Environmental Noise Impact Statement states that the air conditioning unit is servicing the commercial space and will not be in operation during the evening and night-time periods.

 

Use of air conditioning unit is restricted to:  

Monday to Friday:              7:00am - 6.00pm

 

The subject residential premises is located opposite the industrial complex and in close proximity to the Port and other industrial development in which it can be difficult to identify specific noise sources. Potential noise sources can also be affected by different weather conditions in particular the wind direction and speed.

 

Although each premise may individually comply with the relevant noise assessment criteria, the cumulative noise impact of a number of similar industrial and port uses all contribute to the background and intrusive noise.

 

It is also reasonable to note that the close proximity of residential premises and zones to industrial areas and zones, in any Council, may at times result in potential impacts from noise, traffic and operational disturbances.

 

Although the applicants have proposed to operate 24 hours seven days a week, it should be noted that staff are only on the premises during restricted hours and some plant and equipment are set to automatic operation outside of these hours.

 

Hours of Staff working on premises is restricted to:

Monday to Friday:              6.30am - 5.00pm

 

Council sought further clarification of the hours of operation proposed. A Letter received from applicants Willana Associates Pty Ltd dated 29 September 2011 confirmed that only some plant and equipment will require 24 hours seven days operation.

 

The machinery that operates 24 hours seven days a week is:

1.     Cool room for finished goods. (Unit 26)

2.     Raw material cool room. (Unit 2)

3.     Internal chiller units operate automatically to maintain ambient temperatures of +18oC in each case. (Unit 2)

4.     Stirrers in the mixing tanks in Unit 2 are set to automatic operation, which means they activate briefly between the hours of 5.00pm to 6.00am. The stirrers are required to maintain the viscosity of the liquid chocolate during non operational hours. (Unit 2)

 

Other proposed operational elements in the unit include:

 

Deliveries only occur between:

Monday to Friday:              7.30am - 4.00pm

 

Use of forklift is restricted to:     

Monday to Friday:              7.30am - 2.00pm

 

Waste removal is restricted to:

Monday to Friday:              6.30am - 5.00pm

 

After discussion with the Manager of Health Building and Regulatory services and the assessing planner, it was agreed that the hours proposed for deliveries and forklift use is too restrictive. The following hours are recommended for an industrial premise:

 

Deliveries only occur between:

Monday to Friday:              7.30am - 5.00pm

 

Use of forklift is restricted to:     

Monday to Friday:              7.30am - 5.00pm

 

The potential for noise nuisance has been considered and appropriate conditions have been included in this referral.

 

Environmental Pollution

Standard conditions in relation to pollution control have been included in the following referral to ensure compliance with the relevant legislation and guidelines.

 

Following preliminary assessment of the application, the planning officer requested a revised acoustics report to be submitted in order to clarify the times and dates on which the noise measurements were undertaken.

 

The applicant subsequently submitted an updated noise assessment report prepared by Acoustic Logic. The report indicates that the combined noise emission from the internal and external plant and equipment would satisfy relevant acoustic criteria, and would not result in unreasonable impacts on the nearest residential receivers. Council’s health officer has reviewed the report and raised no objections, subject to various conditions that restrict the operation hours of the premises. These include restrictions on staff working hours, delivery hours, forklift usage hours and operation hours of certain plant and equipment.

 

It is recommended that a condition be imposed to allow staff to work at the premises from 6:30am to 5:30pm (in lieu of 6:30am to 5pm as suggested by the health officer), Monday to Friday, given the industrial nature of the locality. The subject unit is located well within the complex and the above staff working hours are not considered to present significant impacts on the nearest residences.

 

Council has also engaged an independent acoustics consultant, Wilkinson Murray, to undertake a peer review of the applicant’s noise assessment (prepared by Acoustic Logic).

 

A joint site inspection by the noise consultants engaged by Council and the applicant, with the presence of Council’s health officer and representative from Sweet William, was undertaken on 15 December 2011. The purpose of the joint inspection is to verify the noise measurements conducted by Acoustic Logic and to discuss potential mitigation measures for resolving the noise impacts on the nearby residences.

 

Council’s consultant has raised concerns relating to the accuracy of noise measurements by Acoustic Logic for the plant and equipment of Unit 2. However, no issues have been raised regarding noise generation from mechanical equipment attached to the subject Unit 26.

 

Unit 26 is located deep within the warehouse complex at No. 32 Perry Street without direct frontage to public roads. Unit 26 is screened from view by other warehouse buildings from the nearest residences in Perry Street. The peer review undertaken by Council’s acoustics consultant does not raise any concerns relating to the operation at Unit 26. Based on these reasons, it is considered appropriate to support the subject proposal, subject to the restrictions on operation hours and management measures recommended by Council’s health officer. These restrictions have been included in the draft conditions attached to this report. 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:      Leadership in sustainability; a strong local economy

Direction:      Improved design and sustainability across all development; vibrant business, commercial and industrial sectors that provide on going and diverse employment opportunities

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal meets the relevant assessment criteria and will not result in any unreasonable impacts upon the amenity of the surrounding properties or the character of the locality.

 

The application has included a noise assessment report prepared by an acoustics consultant. The report indicates that the combined noise emission from the internal and external plant and equipment would satisfy relevant acoustic criteria, and would not result in unreasonable impacts on the nearest residential receivers. Council’s health officer has reviewed the report and raised no objections, subject to various conditions that restrict the operation hours of the premises. These include restrictions on staff working hours, delivery hours, forklift usage hours and operation hours of certain plant and equipment.

 

Subject to the above conditions, it is considered that no unreasonable impacts upon the amenity of the surrounding residential uses will result.

 

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

 

 

Recommendation

 

THAT Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/442/2011 for use of Unit 26 as a light industry for manufacturing, storage and distribution of confectionary, with 24 hours, 7 days a week operation of plant and machinery, at 26/32 Perry Street, MATRAVILLE NSW 2036, subject to the schedule of conditions attached to this report:

 


DEVELOPMENT CONSENT CONDITIONS

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

U.26 (A)

Christo Architects

18.08.11

26 August 2011

A.02 (A)

18.08.11

26 August 2011

Site Plan

Willana Associates

May 2011

15 June 2011

 

2.       This development consent does NOT approve any of the building works within the premises, including partitions and plant and equipment, which have already been executed and completed prior to the granting of any approval from Council.

 

The following conditions have been applied to ensure that noise emissions from the development satisfy legislative requirements and maintain reasonable levels of amenity to the area:

 

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

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

4.       The proprietor / operator must establish and maintain a formal and documented system for the recording and resolution of complaints made to the premises by residents. A 24-hour contact number is to be provided for resident complaints (this is to be shown by the installation of a sign at or near the front pedestrian entry to Unit 26 with the contact details being clearly indicated).

 

All complaints are to be attended to in a courteous and efficient manner and referred promptly to the operations manager. The appropriate remedial action, where possible, is to be implemented immediately and the operations manager is to contact the complainant within 48 hours to confirm details of action taken.

 

Upon request, the proprietor / operator must make available the incident book to Council officers.

 

5.       Hours of staff working at the premises shall be restricted to the following:

Monday to Friday:    6.30am - 5.30pm

 

6.       The machinery that is allowed to operate 24 hours, 7 days a week is:

·     Cool room for finished goods

 

All other plant and equipment must not be in operation between 6.00pm to 6.00am, 7 days a week.

 

7.       Deliveries to and from the premises shall only occur between:

Monday to Friday:    7.30am - 5.00pm

 

8.       Use of forklifts shall be restricted to the following hours:    

Monday to Friday:    7.30am - 5.00pm

 

9.       Use of air conditioning unit shall be restricted to the following hours: 

Monday to Friday:    7:00am - 6.00pm

 

10.     Waste removal is restricted to the following hours:

Monday to Friday:    6.30am - 5.00pm

 

The following conditions are applied to satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

11.     A separate approval from Council is required for the installation of any new external mechanical plant or equipment. An acoustic assessment of the new plant or equipment shall be undertaken by a suitably qualified and experienced consultant in acoustics, which demonstrates and certifies that noise and vibration from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW EPA/DECC Noise Control Manual & Industrial Noise Policy and conditions of Council’s consent.  A copy of the report is to be submitted as part of the application for Council’s assessment.

 

12.     There are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

The following conditions are applied to ensure compliance with the Food Act 2003 and to ensure public health and safety:

 

13.     Food safety practices and operation of the food premises must be in accordance with the Food Act 2003, Food Regulation 2010, AS 4674 (2004) and Food Safety Standards at all times, including the requirements and provisions relating to:

 

·     Food handling – skills, knowledge and controls.

·       Health and hygiene requirements.

·       Requirements for food handlers and businesses.

·       Cleaning, sanitising and maintenance.

·       Design and construction of food premises, fixtures, fitting and equipment.

 

The proprietor of the food business and all staff carrying out food handling and food storage activities must have appropriate skills and knowledge in food safety and food hygiene matters, as required by the Food Safety Standards.

 

A failure to comply with the relevant food safety requirements is an offence and may result in legal proceedings, service of notices and/or the issuing of on-the-spot penalty infringement notices.

 

14.     The premises must notify the NSW Food Authority in accordance with the Food Safety Standards.

 

15.     Sanitary facilities, plus wash hand basin and paper towel dispenser or hand dryer and appropriate signage, must be provided to the premises and be maintained in a clean and sanitary condition at all times.

 

16.     Adequate provisions are to be made within the premises for the storage, collection and disposal of trade/commercial waste and recyclable materials, to the satisfaction of Council.

 

The waste storage area must be located within the property and not within any areas used for the preparation or storage of food.

 

A tap and hose is to be provided within or near the waste storage area and suitable drainage provided so as not to cause a nuisance.

 

Waste/recyclable bins and containers must not be placed on the footpath (or road), other than for waste collection, in accordance with Council’s requirements.

 

17.     Trade/commercial waste materials must not be disposed via council’s domestic garbage service.  All trade/commercial waste materials must be collected by Council’s Trade Waste Service or a waste contractor authorised by the Waste Service of New South Wales.

 

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations and to provide for reasonable levels of safety and amenity:

 

Regulatory

 

18.     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.

 

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations and to provide for reasonable levels of fire safety:

 

19.     A Principal Certifying Authority must be appointed to inspect the installation of any recommended fire safety measures in accordance with the following condition and to issue the required Occupation Certificate.

 

20.     In accordance with clause 93 of the Environmental Planning and Assessment Regulation 2000, the levels of fire safety within the existing building are to be upgraded and the following measures are to be implemented in relation to the use of the premises:-

 

The existing levels of fire and safety within the building are to be upgraded in accordance with the following requirements and the fire safety certificate provisions of Part 9 of the Environmental Planning and Assessment Regulation 2000 must be complied with, prior to issuing an occupation certificate:

 

a)     The existing levels of fire and safety within the premises are to be upgraded to achieve an adequate level of safety in accordance with the provisions of clause 93 of the Environmental Planning and Assessment Regulation 2000 and a report prepared by a suitably qualified and experienced Building Code of Australia/Fire Safety Consultant is to be submitted to and approved by the appointed certifying authority, prior to the issuing of an occupation certificate, in accordance with section 80A(2) of the Environmental Planning and Assessment Act 1979.

 

The report must include an assessment of the existing building and compliance with the Building Code of Australia in relation to parts D and E. The report must also include details of the measures and works considered appropriate to achieve an adequate level of fire safety for the building and the occupants.

 

The upgrading works are to be implemented prior to issuing an occupation certificate and written confirmation is to be provided to Council accordingly.

 

        A copy of the fire safety certificate, encompassing all the existing and new fire safety measures, is to be submitted to the Council with the occupation certificate.

 

21.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent, 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 requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

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

 

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

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                     24 April 2012

 

 

Director City Planning Report No. CP26/12

 

 

Subject:                  14 Reservoir Street, Little Bay (DA/66/2012)

Folder No:                   DA/66/2012

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Demolition of all structures on site, erection of two, two storey dwelling houses, including swimming pools, fencing and timber decks and subdivision into two lots

Ward:                      South Ward

Applicant:                Archman Design Services

Owner:                         Mrs S F Alsop

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application is referred to Council for determination at the request of Councillor’s Nash, Andrews and Matthews.

 

The application details the demolition of the existing structures on the site and the erection of two new two storey dwellings with swimming pools, fencing and deck and landscaping. The application also proposes the subdivision of the site into two allotments.

 

The main issue is the potential impact of the proposal upon the amenity of the adjoining residents.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application proposes the demolition of the existing two storey dwelling and outbuildings on the site and the construction of two, two storey dwellings and the subdivision of the site into two lots to be known as 14 & 14A Reservoir Street. The works also include the installation of an in ground swimming pool to each dwelling, decking, new fencing and landscaping. The dwellings are of similar design and layout and will provide at ground level a garage, living and utility rooms with rear timber deck, car space within the driveway and landscaping. Within the upper level there is to be three bedrooms, two bathrooms, living room and rear balcony. The proposed dwelling at No.14 will have a floor area of 235m², and the proposed dwelling at 14A having a floor area of 246m².

 

3.    The Subject Site and Surrounding Area

 

The site is on the north eastern side of Reservoir Street with a total frontage width of 34.755m. The site has an area of 807m² and is relatively level with a slight fall from the rear to the front.

 

The locality is residential and comprises a mixture of single and two storey dwellings and some attached dual occupancies.

 

4.    Site History

 

The site has been the subject or a recent pre lodgement meeting with the same applicant and owner which sought consideration for the subdivision of the site into two allotments with a dwelling being erected upon one and a dual occupancy on the other. The advice provided during the pre lodgement process was that the provision of a dual occupancy to one of the subdivided lots would not be supported as the allotment size did not meet the minimum allotment size for a dual occupancy.

 

Advice was also provided during the pre lodgement process that the front boundary setback of development should integrate with the established setbacks in the street and that any proposal would need to demonstrate that the side boundary setbacks of buildings satisfied the objectives and performance requirements of the DCP for Dwellings.

 

In relation to privacy, the upper level balconies were considered to be excessive and could potentially compromise the privacy of the adjoining properties and care should be taken to ensure that the size and placement of windows ensures an acceptable level of visual and acoustic privacy of the adjoining properties.

 

Comments were also included with the pre lodgement process that the parking structures associated with the development would occupy an excessive width of the site.

 

In conclusion the pre lodgement advice provided with the submitted proposal was that the proposed development represented an overdevelopment of the site and alternative development opportunities should be explored as the scheme submitted for consideration failed to meet a number of principle development standards in the Randwick LEP and any SEPP 1 Objection to those standards was unlikely to be supported.

 

The proposal submitted with this Development Application has been designed having regard to the advice provided and has reduced the scope of the proposed development to two dwellings, rather than three, increased the front setbacks of the buildings and reduced the extent of garaging proposed. The submitted Statement of Environmental Effects also addresses in detail compliance with the relevant Objectives and Performance requirements of the DCP for Dwellings and Attached Dual Occupancies.

 

5.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  As a result of this notification, the following submissions were received:-

 

5.1 Objections

 

Issue

Comment

16 Reservoir Street Little Bay

 

-There are concerns that the car space, fence and landscaping will impact on their line of vision when accessing their driveway which will be dangerous.

 

 

 

 

 

-The setback of the dwelling is not in accordance with the DCP setback of 6m.

 

 

 

-The second storey of the dwelling is not setback in accordance with the DCP, 1.5m.

 

 

-The upper level windows to the dwellings will overlook the open spaces of their property and do not offer adequate protection in accordance with the DCP, and the rear balconies overlook the private open spaces of their property and do not offer adequate privacy.

 

-The rear deck at No. 14A is built up to the side fence and acoustic levels will increase dramatically and impact upon their privacy as it is directly opposite their living space.

 

 

-The shadow diagram provided seems inconsistent with the actual shadow cast, there is a belief that less sunlight will be available than shown on the diagram.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

31 & 33 Reservoir Street Little Bay

 

-The site on the corner of Reservoir Street is already dangerous and busy and the development will result in increased congestion and a loss of pedestrian and vehicular visibility.

 

 

 

 

 

 

 

 

There is an existing dividing fence to the side boundary between No. 14A & 16 Reservoir Street and is adjacent to the driveway of 16 Reservoir Street which is proposed to remain and therefore in relation to using the driveway the circumstances of the driveway access remains the same.

 

The setbacks of the dwellings are 6m and 6.7m respectively which conform to the setbacks of the adjoining development in Reservoir Street.

 

See discussion below in relation to the setbacks of the dwellings satisfying the objectives and performance requirements of the DCP.

 

See comments below in relation to the assessment of privacy impacts from the upper level windows and rear balconies. The conclusion is that the proposal satisfies the objectives and performance requirements of the DCP in relation to privacy.

 

A condition of consent is included to require that the new dividing fence is of a height 1800mm above the level of the deck which will maintain visual and acoustic privacy into the adjoining property.

 

The shadow diagram submitted with the application illustrates an accurate indication of the extent of overshadowing which will result from the development. It is noted that due to the orientation of the site on the north eastern side of Reservoir Street overshadowing during the morning to early afternoon period will be upon the front yard of the subject premises and roadway. During the later afternoon period the adjoining property at 16 Reservoir Street will have a shadow cast upon the western side of the dwelling and front yard. The extent of overshadowing to 16 Reservoir Street satisfies the performance requirements of the Ecologically Sustainably Development Section in the DCP by minimising the loss of solar access to neighbouring properties and maximises solar access to the north facing living area and principal outdoor recreation space to that property.

 

 

 

The development provides for two driveways, one to each dwelling, in lieu of the existing single driveway crossing at present. The driveways are 10m apart and provide direct and level access from the street to the driveway/car space and garage. It is not considered that the provision of one additional dwelling in the street, as a result of the subdivision of the existing allotment, will increase traffic movements in the street to a significant degree as the existing residential use of the street is maintained and there will not be any significant additional traffic movements that could result from a more intensive residential use. In relation to pedestrian and vehicle visibility, the driveways are centrally located within the Reservoir Street frontages. The driveway at 14A is 9m from the corner, which will allow for adequate vision in this street, because the street and corner intersection are level and does not fall away from the corner that would result in either of those driveways being concealed from pedestrian and vehicular movement and vision.

 

5.2    Support

 

ABC – Planning on behalf of the owner

 

Issue

Comment

 

Generally

 

The site represents an appropriate opportunity to demolish the dilapidated weatherboard dwelling and erect 2 modern dwellings.

 

The proposal achieves a high degree of compliance with Council’s controls and will have minimal amenity impacts upon surrounding properties.

 

Parking & Traffic Movements

 

In relation to concerns that the proposal is on a ‘dangerous corner’, will result in increased on street parking and reduce visibility it is noted that the provision of off street parking is in accordance with Council’s DCP for Attached Dual Occupancies and Dwellings Houses. The existing driveway exists on the site in a similar location to the southern most dwelling which allows the parking for 2 cars on the driveway and internally in the garage. It is also noted that the proposed parking arrangement which requires reversing movements out of the sites is consistent with the other dwellings in the vicinity of the intersection, including the dwelling opposite which has its driveway almost on the corner.

 

It is considered appropriate that a condition be imposed with any consent that landscaping be provided within the first 2m of the site which does not interfere with lines of sight.

 

The proposed driveways on the site itself are well separated to avoid any internal conflict created by the proposal. The driveways are separated by over 8m which ensures no conflict. The driveways are also separated from the driveways of adjoining properties on either side.

 

Traffic movements associated with the proposed dwellings are anticipated to be minimal and will not result in any undue traffic or parking concerns. It is also noted that there is abundant on street parking and that this street is not used as a thoroughfare.

 

Privacy

 

The proposed dwellings respect the privacy of surrounding properties as primary living areas are confined to the ground level of each dwelling while the first floor windows are limited to bedrooms and non habitable/opaque/highlight windows. Balconies are suitable screened while the secondary living rooms are located along the street front where a considerable distance of separation of neighbouring properties exists. It is also noted that there is an existing degree of mutual overlooking in the neighbourhood due to the permitted 2 storey nature of development and the particular subdivision pattern.

 

Overshadowing

 

A review of the shadow diagrams in the context of surrounding properties revealed that there will be no unreasonable or non compliant shadow impacts.

 

The shadow diagrams demonstrate that the neighbour at 16 Reservoir Street will continue to receive at least 3 hours solar access to its north facing windows between 9am to 12noon on June 21, sunlight will also be received after midday and the northern elevation of the dwelling is only affected after 3.00pm onwards. No other properties are affected.

 

Streetscape

 

The proposed two storey dwelling is permissible in the zone and complies with Councils height requirements and sits comfortably in the established streetscape which includes numerous two storey dwellings. It is also noted that there are other single storey dwellings in the street which may also be renovated or redeveloped in accordance with the two storey height allowance.

 

 

Draft LEP 2012

 

The proposal is compliant under the Draft LEP in relation to zoning, FSR and height.

 

 

 

 

Noted.

 

 

 

 

Noted.

 

 

 

 

 

 

See comments above in the assessment of objections section.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agreed, see detailed comments in the DCP assessment Section below.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agreed, see comments below in the solar access assessment in the DCP section below.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agreed.

 

 

 

 

 

 

 

 

 

 

 

 

Agreed, see comments in the Draft LEP assessment section below.

 

6.    Technical Officers Comments

 

The application has been referred to Council’s Development Engineers for consideration and advice has been provided that the proposed subdivision of the site into two allotments and erection of two new dwellings is satisfactory. Conditions have been provided for inclusion with any consent granted in relation to alignment levels, tree protection and landscaping design, stormwater disposal and subdivision.

 

7.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

 

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

7.1 Policy Controls

Randwick Local Environmental Plan 1998 - Clause 20B Minimum allotment sizes

 

This clause of the LEP stipulates that the minimum allotment size for the erection of a dwelling in a residential 2A zone is 400m² and the allotment must have a frontage of at least 12m.

 

The details of the proposed subdivision of the existing allotment are as follows;

 

 

Site area

Frontage

No. 14

400m²

15m

No. 14A

406.7m²

14.675m

 

The proposed subdivision of the allotments into two separate lots therefore complies with this clause of the LEP.

 

Development Control Plan Dwellings and Attached Dual Occupancies

 

The Dwellings and Attached Dual Occupancies DCP contains objectives, performance requirements and preferred solutions. Applications are assessed on how well they achieve the objectives and performance requirements, whilst the preferred solutions illustrate a way the performance requirements may be achieved.

 

The following table is derived from the preferred solutions contained in Part 4 of the Dwellings and Attached Dual Occupancies DCP. The preferred solutions (rather than the performance requirements) have been used in the table as they provide a simple and quantifiable way of achieving compliance. Where the applicant has chosen to address a performance requirement through a means other than the suggested preferred solution, a detailed assessment of the proposal against the relevant performance requirement is provided.

 

 

Proposal

Preferred solutions of the DCP for Dwellings

Landscaping

Dwelling No. 14 – 58% of the site provided as landscaping

Dwelling No.14A – 55% of the site provided as landscaping.

The minimum dimensions of usable landscaping and soft landscaping preferred solutions are satisfied.

40% - Yes

Floor Space ratio

Dwelling No.14 -  0.61:1

Dwelling No.14A -  0.61:1

0.6:1 See comments below

Building Heights

7m

7m - Yes

Building Setbacks

Dwelling No.14

Front setback 6m, rear setback up to 6.7m.  Side boundary setbacks up to 900mm from each side boundaries.

 

Dwelling No.14A

Front setback 6.2m, rear setback up to 14m. Side boundary setbacks are up to 900mm from side boundaries.

 

The front and rear setbacks of the dwellings satisfy the preferred solutions of the DCP.

The preferred side boundary setbacks to the upper level of the dwellings are 1.5m. See comments below.

Privacy

Dwelling No.14

 

At ground level there is a rear timber deck off the living room which includes cement rendered privacy screens to both sides to a height of 1800mm.

Within the upper level there are windows to the bedrooms and bathrooms within the side elevations with a rear balcony. The rear balcony includes a privacy screen to both sides to a height of 1800mm above the balcony floor level. The window to the stairwell is of obscured glazing. There is also a balcony to the front of the dwelling.

 

Dwelling 14A

 

At the ground level of the dwelling there is a timber deck off the rear living room.

Within the upper level within the side elevation there are windows to the bedrooms and bathrooms and TV room and balconies to the front and rear of the dwelling. There is a panel window to the stairwell which is of obscured glazing.

 

See detailed comments below

Garages/car spaces

Dwelling 14

 

Two car parking spaces are provided within the garage and the driveway. The width of the garage does not exceed 35% of the site width; the proposed driveway crossing is 3.5m in width at the property boundary.

 

Dwelling 14A

 

Two car parking spaces are provided within the garage and driveway. The width of the garage does not exceed 35% of the width of the site; the proposed driveway crossing is 3.5m in width at the property boundary.

 

See comments below in relation to driveway width.

Fencing

Dwelling 14

 

A new front fence 990mm to 1000mm in height of rendered and painted masonry with a pedestrian and vehicle gate are proposed.

 

Dwelling 14A

 

A new front fence 1000mm to 1160mm in height of rendered and painted masonry with a pedestrian and vehicle gate are proposed.

Yes

Solar Access

The orientation of the site on the north eastern side of Reservoir Street will result in the majority of overshadowing caused by the new development upon the footpath and roadway of Reservoir Street rather than into the adjoining properties. The extent of overshadowing to the adjoining property at 16 Reservoir Street will be confined to the late afternoon period and for the remainder of the day will satisfy the minimum of 3 hours of solar access to the private outdoor living areas and north facing living areas.

 

Yes

 

Floor space ratio

 

The floor area of the dwellings complies with the overall objectives and performance requirements of the DCP. The objectives and performance requirements are that developments are not excessive in bulk and scale but are compatible with the existing character of the locality and are compatible with the surrounding built forms and minimise adverse effects of bulk on neighbours, streets and public open space.

 

Within the immediate locality the established character of contemporary development is of two storey dwellings which are of a similar bulk and scale to these dwellings, including buildings directly opposite the subject site. The proposed bulk and scale of the new dwellings are not out of character with the existing two storey dwellings and also reflect the desired future character of the locality which is for residential development. Therefore, the proposed new dwellings will satisfy the objectives and performance requirements of the DCP.

 

It is also noted that the proposal only represents 4m² of floor area in excess of the preferred solution.

 

Side boundary setbacks

 

The objectives and performance requirements of the DCP in relation to boundary setbacks are that buildings must allow occupants and neighbours adequate access to natural light, daylight and fresh air.

 

In support of the proposed upper level setbacks of the dwelling the applicant has provided the following justification and reason that the objectives and performance requirements of the DCP are satisfied.

 

a)  The variation is relatively minor in most circumstances. The majority of the first floor level of No.14 Reservoir Street is setback 1500mm from the north western side boundary and the south western wall is step back adequately to minimise the amenity impact on the neighbouring properties. Similarly, the eastern wall of No.14A Reservoir Street is set back along the eastern elevation with a setback of up to 3100mm.

 

b)  The setbacks of the proposed development are consistent with other two storey dwellings houses in the immediate vicinity and will not result in any significant adverse impact upon the character of the streetscape.

 

c)  The non compliant setback is unlikely to result in any unreasonable impact on the amenity of the adjoining properties as there will be adequate access to natural light, daylight and fresh air.

 

The applicant’s arguments have merit especially in the context of the position of the adjoining development and the existing separation between those dwellings and the subject buildings. To No.12 Reservoir Street there is a distance between 2.8m and 6.8m between that dwelling and the side boundary and to No. 16 Reservoir Street there is a separation of 3.6m from that dwelling to the side boundary. The point at which the proposed dwelling at 14A Reservoir Street is the closest is opposite the wall of the carport structure at No. 16 Reservoir Street.

 

Therefore the proposed side boundary setbacks of the dwelling satisfy the objectives and performance requirements of the DCP as adequate access to fresh air circulation and daylight will be maintained by the separation between the dwellings and the buildings directly opposite on the adjoining allotments.

 

Privacy

 

The dwelling at No.14 includes a rear deck off the living room and surrounds the proposed swimming pool which is approximately 830mm above the existing ground level. To maintain privacy to the adjoining property at 12 Reservoir Street the proposal includes a 1800mm high privacy screen to the western side boundary between the rear of the dwelling and the rear boundary. The deck adjacent to the rear of the dwelling is behind blade walls to the sides of the dwelling.

 

The upper level windows in the western elevation of the dwelling are to the bathroom and en suite bathroom and are of high light style.  Within the upper level eastern elevation there is a panel window to the stairwell which is of obscured glazing. Otherwise the windows are to the bedrooms and walk in robe. Windows W12, W13 & W17 which are to bedroom 1 & 3 and the walk in robe have sill heights of 1500mm and windows W15 & W16 are to bedroom 2. It is not considered that the placement of the upper level windows will result in an unreasonable privacy impact because of the combination of the use of the rooms, the sill heights of some of the windows and the use of obscured glazing to the stairwell window.

 

There are balconies proposed to the front and rear of the dwelling. To the rear balcony privacy screens are proposed to both sides, which in combination with the masonry balcony balustrade to the rear balcony will provide for overall screening to a height of 1800mm above the floor level of the balcony which will prevent direct overlooking into the adjoining properties. The balconies at the front of the dwelling will overlook the public domain rather than into any private areas of the adjoining property.

 

To dwelling No.14A a deck is also proposed to the rear of the ground floor living area that surrounds the swimming pool. This deck is approximately 800mm above the height of the existing ground level and as with the adjoining development includes a 1800mm high privacy screen to the side boundary opposite the swimming pool. A condition of consent is recommended to require that the new colourbond fencing to the eastern side boundary is to a height of 1800mm above the level of the deck to the rear and side of the dwelling to prevent direct overlooking from the decks to the rear and side of the dwelling and the adjacent living areas into the adjoining property.

 

Within the western upper level elevation of dwelling No.14A there are four windows to bedrooms 1 & 2, the bathroom and living room. Windows W17 & W20 to bedroom 1 and the living room have a sill height of 1500mm. the bathroom window also has a high sill height and is of obscured glazing. Within the eastern upper level elevation of the dwelling there are six windows to bedroom 1, the en suite bathroom, stairwell, walk in robe and bedroom 3. Windows W10, W13, W15 & W16 all have 1500mm sill heights, W12 is to the stairwell and is of obscured glazing, W11 is to the walk in robe.

 

There are balconies proposed to the front and rear of the dwelling. The front balcony will overlook the footpath and roadway and not into any private living area and the rear balcony includes a 1800mm high privacy screen to both sides of the balcony. On balance it is considered that the placement and sill heights of the upper level windows and provision of privacy screens to the rear balcony will maintain privacy to the adjoining properties. As stated above a condition is recommended for inclusion with any consent to require that the dividing fence between 14A and 16 Reservoir Street is to be 1800mm in height above the decks to the rear and side of the dwelling to restrict overlooking into No.16 Reservoir Street.

 

Therefore, the two new dwellings at 14 & 14A Reservoir Street have demonstrated that the objectives and performance requirements of the DCP are complied with as overlooking into the adjoining properties is minimised by the combination of screening devices, window sill heights, window placement and the use of the rooms within the upper level which are primarily rooms of low use being bedrooms and bathrooms.

 

Driveways

 

The width of the driveway crossings to each proposed allotment is 3.5m which will not be out of keeping with the existing crossovers to other properties in this and the surrounding streets and will not detract from the appearance of the dwelling or the overall streetscape.

 

8.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

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

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

See comments below

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

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

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

The environmental impacts of the proposed development on the natural and built environment, which are otherwise not addressed in this report, are discussed in the paragraphs below.

 

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

 

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

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

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

 

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

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

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

 

 

Draft Randwick Local Environmental Plan 2012 (Draft LEP)

 

Draft Randwick Local Environmental Plan 2012 is a matter for consideration in the assessment of the subject development application under Section 79C of the Environmental Planning and Assessment Act 1979 (as amended).

 

The following table considers the proposed development having regard to the zoning provisions and development standards contained in draft LEP that are of relevance to the subject development application:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning R2 Low Density Residential

 

Is development permitted under zoning?

Development for the purpose of dwellings houses and subdivision is permitted in the R2 zone

The application details the erection of two, two storey dwellings, swimming pool, and associated landscaping and subdivision into two allotments.

Yes

Floor Space Ratio (Maximum)

0.65:1

No.14 is 0.61:1, No.14A is 0.61:1

Yes

Height of Building (Maximum)

 9.5m

  No.14,  7.8m

  No.14A, 8.4m

Yes

Lot Size (Minimum)

400m²

  No.14, 400m²

  No.14A, 406.7m²

Yes

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The application to subdivide the existing lot into two allotments and erect upon each lot a two storey dwelling, in ground swimming pool, landscaping, timber decks and fencing, will not result in any unreasonable impacts upon the amenity of the adjoining residents and will not be out of keeping with the character of the existing residential environment.

 

Recommendation

 

A.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 66/2012 for permission to subdivide the existing allotment into two lots, and erect a new two storey dwelling on each lot with a swimming pool, landscaping, timber decks and fencing at 14 Reservoir Street Little Bay subject to the following conditions:

 

GENERAL CONDITIONS

 

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

012/0002-1

GM

02.02.12

012/0002-2

GM

02.02.12

012/0002-3

GM

02.02.12

012/0002-4

GM

02.02.12

012/0002-5

GM

02.02.12

012/0002-6

GM

02.02.12

012/0002-7

GM

02.02.12

012/0002-8

GM

02.02.12

012/0002-9

GM

02.02.12

 

BASIX Certificate

No.

Dated

 

413746S

3rd February 2012

 

413747S

3rd February 2012

 

Amendment of Plans & Documentation

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

 

a.     To maintain privacy into the adjoining property the proposed colourbond fence to the eastern side boundary of No 14A Reservoir Street must be 1800mm in height above the level of the proposed timber decks to the side and rear of the dwelling.

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

 

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

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

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Manager Development Assessments prior to issuing a construction certificate for the development.

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $ 498 050, the following applicable monetary levy must be paid to Council: $ 4 980.50.

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·           $2500.00    -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Design Alignment levels

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

   

Proposed Lot 14A Frontage

 

·       150mm above the top of the kerb at all points opposite the kerb.

 

Proposed Lot 14 Frontage

 

·       400mm above the top of the kerb at all points opposite the kerb.

 

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

 

Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0881.

 

9.       The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $1365 calculated at $46.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

10.     The top of footings of any structures constructed on the boundary alignment must be at least 150mm below the alignment level as specified for the vehicular access.  This condition has been attached to accommodate future footpath construction at this location.

 

Driveway Design

11.     The gradient of the internal access driveways must be designed and constructed so they  do not exceed a maximum grade of 1 in 10 (10%) in accordance with Council’s DCP-Parking and the levels of the driveway must match the alignment levels at the property boundary (as specified by Council). Details of compliance are to be included in the construction certificate.

 

Sydney Water

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

 

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

 

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

 

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

 

14.     The site stormwater drainage system is to be provided in accordance with the following requirements;

 

a)     Stormwater runoff from the proposed lots must be discharged (by gravity) either:

i.     Directly to the kerb and gutter at the front of the subject site in Reservoir Street; or

 

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

 

iii.   To a suitably designed infiltration system (subject to confirmation in a geotechnical investigation that the ground conditions are suitable for the infiltration system)

 

b)     Should stormwater be discharged to Council’s street drainage system, an on-site stormwater detention system must be provided for one of the lots only to ensure that the maximum discharge from that lot does not exceed that which would occur during a 1 in 10 year storm of one hour duration for existing site conditions. All other stormwater run-off from the site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the street drainage system, to the satisfaction of the certifying authority.

 

An overland escape route or overflow system (to Council’s street drainage system) must be provided for storms having an average recurrence interval of 100 years (1 in 100 year storm), or, alternatively the stormwater detention system is to be provided to accommodate the 1 in 100 year storm.

 

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

 

Should no formal overland escape route be provided for storms greater than the 1 in 20 design storm, the infiltration system shall be sized for the 1 in 100 year storm event.

 

d)     Determination of the required cumulative storage (in the on-site detention and/or infiltration system) must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible any detention tanks should have an open base to infiltrate stormwater into the ground. Infiltration should not be used if ground water and/or any rock stratum is within 2.0 metres of the base of the tank.

 

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

 

f)     A sediment/silt arrestor pit must be provided within the site near the street boundary prior to discharge of the stormwater to Council’s drainage system and prior to discharging the stormwater to any absorption/infiltration system.

 

Sediment/silt arrestor pits are to be constructed generally in accordance with the following requirements:

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

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

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

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

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

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

·         Provision of a sign adjacent to the pit stating, “This sediment/silt arrester pit shall be regularly inspected and cleaned”.

 

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

 

g)     The floor level of all habitable, retail, commercial and storage areas located adjacent to any detention and/or infiltration systems with above ground storage must be a minimum of 300mm above the maximum water level for the design storm or alternately a permanent 300mm high water proof barrier is to be provided.

 

(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).

 

h)     Infiltration systems/Absorption Trenches must be designed and constructed generally in accordance with "Section 8.5 ABSORPTION TRENCHES" of Randwick City Council's Private Stormwater Code.

 

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

i.     150mm in uncovered open car parking areas (with an isolated maximum depth of 200mm permissible at the low point pit within the detention area)

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

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

iv.   1200mm in landscaped areas where a safety fence is provided around the outside of the detention area

v.    Above ground stormwater detention areas must be suitably signposted where required, warning people of the maximum flood level.

 

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

 

k)     The site stormwater system must be regularly cleaned and maintained to ensure it operates as required by the design.

 

l)      Mulch or bark is not to be used in on-site detention areas.

 

m)    Any Seepage waters encountered are required to be drained and disposed of within the site and are not to be drained into Council’s stormwater drainage system.

 

n)     Site discharge pipelines shall cross the verge at an angle no less than 45 degrees to the kerb line.

 

Street Tree Management

15.     Approval is granted for the applicant to remove and dispose of (at their own cost) the centrally located Callistemon viminalis (Bottlebrush) from Council’s Reservoir Street nature strip, during excavations associated with the proposed vehicle crossing for no.14 as shown, and must satisfy themselves as to the location of all site services, prior to the commencement of any works on public property.

 

16.     The applicant shall submit a total payment of $107.25 (including GST) to cover Council’s costs to plant a replacement tree elsewhere in the surrounding area, given a lack of available space across this frontage.

 

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 replacement street tree, upon the completion of al site works.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

 

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

 

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

 

Compliance with the Building Code of Australia

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

 

Smoke Alarms

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

 

BASIX Requirements

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

 

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

 

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

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Temporary Site Fencing

23.     Temporary site safety fencing must be provided to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres). 

 

Temporary site fences are to have a height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

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

 

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

 

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

 

Construction Site Management

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

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

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            provisions for temporary sanitary facilities;

·            location and size of waste containers/bulk bins;

·            details of proposed sediment and erosion control measures;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

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

·            Details of hazardous materials (including asbestos)

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

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

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

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

·            Other relevant details, measures and requirements to be implemented

·            Date the demolition works will commence

 

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

 

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

 

Notes

 

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

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

 

 

Demolition & Construction Waste

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

 

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

 

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

 

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

 

Demolition & Construction Waste

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

 

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

 

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

 

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

 

Public Utilities

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

 

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

 

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

 

Landscaping

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

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

 

b)     A predominance of species with low water requirements that can withstand poor quality sandy soils and persistent, salt laden winds;

 

c)     A total number of 2 x 25 litre/300mm (pot size at the time of planting) feature trees, comprising one each within each of the proposed sites, and selecting those species which will attain a minimum height of between 4-7 metres at maturity

 

d)     The use of smaller, decorative species throughout the site in order to enhance presentation of the development to both neighbours and the streetscape.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

 

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

 

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

 

Inspections During Construction

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

 

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

 

Site Signage

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

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

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

 

Demolition Work Requirements

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

·           Work Health and Safety Act 2011

·           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

·           Protection of the Environment Operations (Waste) Regulation 2005

·           Relevant Office of Environment & Heritage / 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.

 

Removal of Asbestos Materials

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

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

·           Randwick City Council’s Asbestos Policy

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

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

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

 

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

 

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

 

Sediment & Erosion Control

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

 

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

 

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

 

Public Safety & Site Management

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

 

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

 

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

 

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

 

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

 

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

 

Support of Adjoining Land, Excavations & Retaining Walls

37.     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.

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

Survey Requirements

40.     A Registered Surveyor’s check survey certificate or other suitable documentation must be obtained at the following stage/s of construction to demonstrate compliance with the approved setbacks, levels, layout and height of the building to the satisfaction of the Principal Certifying Authority (PCA):

 

·           prior to construction (pouring of concrete) of the footings or first completed floor slab,

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

·           as otherwise may be required by the PCA.

 

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

 

Building Encroachments

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

 

Road/Asset Opening Permit

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

 

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

 

Site Amenities

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

 

Road/Asset Opening Permit

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

 

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

           

            Drainage

45.     Adequate provisions must be made to collect and discharge stormwater drainage during construction of the dwellings to the satisfaction of the principal certifying authority.

 

The prior written approval of Council must be obtained to connect or discharge site stormwater to Council’s stormwater drainage system or street gutter.

 

Tree Management

46.     Approval is granted for the removal of all existing vegetation within the site due to their small size and insignificance, as well as to accommodate the proposed works as shown, subject to full implementation of the approved landscaping.

 

Protection of Street Trees

47.     The applicant will be required to ensure the retention of those two remaining Callistemon viminalis (Bottlebrush’s) on Council’s Reservoir Street verge, being one towards the western site boundary, and one between the proposed vehicle crossing, and must ensure that:

 

a.       All documentation submitted for the Construction Certificate application must show the retention of these two public trees, with their position and distance to the new crossings needing to be clearly shown on all drawings.

 

b.       Any re-grading works on the verge which are required in order to comply with point ‘d’ of Council’s Infrastructure, Vehicular Crossings & Road Opening condition (shown below) must be even and gradual, and not involve drastic changes in level or retaining walls within 2 metres of their trunks.

 

c.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar over public property, must be located along the edges of the new crossings

 

d.       Both trees must be physically protected by installing a total of four star pickets at a setback of 1.5 metres, on all four sides, to which, safety tape/para-webbing/shade cloth or similar shall be permanently attached so as to completely enclose each 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 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".

 

f.        The applicant is not authorised to perform any other works to these trees, and shall contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar such work appear necessary, with the applicant required to cover all associated costs with such work, to Council’s satisfaction, prior to the issue of a Final Occupation Certificate.

 

g.       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.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

BASIX Requirements

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

 

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

 

Occupant Safety

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

 

Options may include one or more of the following measures:

 

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

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

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

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

·           Other appropriate effective safety measures or barrier.

 

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

 

Swimming Pool Safety

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

 

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

 

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

 

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

 

Swimming Pool & Spa Pool Requirements

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

 

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

 

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

                 

c)     Water recirculation and filtrations systems are required to comply with AS 1926.3 – 2010:  Swimming Pool Safety – Water Recirculation and Filtration Systems; and

 

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

 

Notification of Swimming Pools & Spa Pools

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

 

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

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

a)     Construct concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the proposed dwelling at No.14.

b)     Construct concrete vehicular crossing opposite the existing layback at the vehicular entrance to the proposed dwelling at No.14A.

c)     Construct 1.3m wide footpath along the full site frontage.

d)     Undertake re-grading works on Council’s street verge along the site frontage on Reservoir street as required.

 

55.     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.

 

56.     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.

 

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

 

Sydney Water

58.     A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. 

 

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

 

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

The Section 73 Compliance Certificate must be submitted to the Principal Certifying Authority prior to issuing an Occupation Certificate or Subdivision Certificate (whichever the sooner).

 

Stormwater Drainage

59.     Prior to occupation of the development or issuing of a subdivision certificate (whichever the sooner)  a "restriction on the use of land” and “positive covenant" (under section 88E or 88B of the Conveyancing Act 1919) shall be placed on the title of the subject properties 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.

 

60.     Upon completion of the works and prior to the issuing of an Occupation Certificate or Subdivision Certificate (whichever the sooner) , a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced hydraulic consultant/engineer must be forwarded to the Principal Certifying Authority and the Council. The works-as-executed plan must include the following details (as applicable):

 

·      The location of any detention basin/s with finished surface levels;

·      Finished site contours at 0.2 metre intervals;

·      Volume of storage available in any detention areas;

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

·      The orifice size/s (if applicable);

·      Details of any infiltration/absorption systems; and

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

 

61.     Prior to the issuing of an Occupation Certificate or Subdivision Certificate (whichever the sooner), the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer, which confirms that the design and construction of the stormwater drainage system complies with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and conditions of this development consent. 

 

The certification must be provided following inspection/s of the site stormwater drainage system by the Hydraulic Engineers to the satisfaction of the PCA.

 

Landscaping

62.     The PCA must ensure that the landscaping is installed in accordance with the approved plans and conditions of consent, prior to issuing a Final Occupation Certificate for the development, with the owners to ensure it is maintained in a healthy and vigorous state until maturity.

 

Waste Management

63.     Prior to the occupation of the development, the owner or applicant is required to contact Council’s City Services department, to make the necessary arrangements for the provision of waste services for the additional premises.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

 

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing a ‘Subdivision certificate’.

 

These conditions have been applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works.

 

64.     The applicant shall create suitable rights of carriageway, easements for services, support and stormwater lines, as required. The applicant shall be advised that the minimum easement width for any stormwater line is 0.9 metres.

 

65.     A formal subdivision application is required to be submitted to and approved by the Council and all relevant conditions of this development consent are required to be satisfied prior to the release of the subdivision plans.

 

66.     Details of critical stage inspections carried out by the principal certifying authority, together with any other certification relied upon, must be provided to Council prior to the issuing of a subdivision certificate.

 

OPERATIONAL CONDITIONS

 

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

 

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

 

External Lighting

67.     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

68.     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

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

 

Waste Management

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

 

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

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

 

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

 

Pool Plant & Equipment

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

 

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

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

 

Protection of the Environment Operations Act 1997 – Air Conditioners

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

 

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

 

Air Conditioning & Equipment

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

 

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

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

 

Protection of the Environment Operations Act 1997 – Rainwater Tanks

75.     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

76.     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.

 

Stormwater Detention/Infiltration  System

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

 

ADVISORY NOTES

 

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

 

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 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.

A11     Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                     24 April 2012

 

 

Director City Planning Report No. CP27/12

 

 

Subject:                  27 Solander Street, Matraville (DA/164/2012)

Folder No:                   DA/164/2012

Author:                   Adrian McKeown, Environmental Planning Assessment Officer     

 

Proposal:                     Convert the front of the existing dwelling house at ground floor level into a secondary dwelling (granny flat) including new bathroom and kitchen

Ward:                      South Ward

Applicant:                Andreas Johan

Owner:                         Andreas Johan

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application has been referred to the Council for determination as the proposed development involves a SEPP 1 Objection of greater than 10%. It is proposed to exceed the development standard for maximum floor area of a secondary dwelling by 14%, pursuant to Clause 4 of Schedule 1 of the Affordable Housing SEPP. The applicant submitted a SEPP1 Objection to Council with the application.

 

The Development Application seeks consent to convert the front of the existing dwelling house at ground floor level into a secondary dwelling (granny flat) including new bathroom and kitchen. An existing door is proposed to be removed within the dwelling in order to isolate the front and rear portions of the development. The application was notified to the surrounding properties and no objections were received.

 

The application is recommended for approval.

 

2.    The Proposal

 

The Development Application seeks consent for alterations and additions to the lower ground floor level of the existing dwelling house to create a new secondary dwelling. A new fire-rated wall is to be constructed to separate the two dwellings and a new external entrance way is to be constructed.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the eastern side of Solander Street. The site is located within the Zone No 2A (Residential A Zone), has a frontage of 15.2m, a depth of 43.6m and a total area of approximately 664.2m2. The site has a westerly aspect and slopes towards the street from the rear. A two storey detached dwelling exists on the site and a two storey cabana development is located to the eastern end of the site.  Existing development within the locality consists primarily of single and two storey detached dwellings.

 

 

Figure 1:  The existing dwelling on the subject site.

 

4.    Site History

 

Council approved DA/117/2004 to demolish an existing rear garage and erect a part one part two storey structure including a games/pool room and study and landscaping work.

 

Council approved application number DA/117/2004/A  for a Section 96(2) application to amend the original consent to permit the raising of the roof over the pool room and provide a study over that room.

 

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

 

The proposal seeks to vary a development standard contained within the State Environmental Planning Policy (Affordable Rental Housing) 2009. A SEPP 1 objection has been submitted to Council.

 

Pursuant to Clause 4 of Schedule 1 of the SEPP, the floor area of a secondary dwelling must not be more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, the floor area of a secondary dwelling must not be greater than that development standard.

 

Given that no greater floor area is permitted under another environmental planning instrument, the development standard (60 square metres) applies to the development. The proposed variation is summarised in the table below:

 

 

Floor Space

LEP development standard

The floor area of a secondary dwelling must not be more than 60 square metres.

Proposal

The floor area of the secondary dwelling is proposed to be 68.5 square metres.

Excess above the LEP standard

8.5m2 above the development standard which equates to a proposed 14% excess.

 

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

 

Matter 1

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

 

·      Comments:

The stated aims of the SEPP which apply to secondary dwellings are to:

 

-      To provide a consistent planning regime for the provision of affordable rental housing;

 

-      To facilitate the effective delivery of new affordable rental housing by providing incentives by way of expanded zoning permissibility, floor space ratio bonuses and non-discretionary development standards; and

 

-      To support local business centres by providing affordable rental housing for workers close to places of work.

 

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

 

-      The proposed works will only marginally exceed the development standard;

 

-      The development will not involve any increase in the floor area of the existing dwelling which is on the site, and will result in a useful floor space for both resultant dwellings; and

 

-      The overall floor space ratio complies with the floor space ratio requirements of the DCP for Dwelling Houses and Attached Dual Occupancies DCP.

 

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

 

-        It is considered that the proposal is not inconsistent with the objectives of the SEPP. Further, it is considered that the proposed secondary dwelling will be consistent with residential character of development in the area;

 

-        The proposed works are entirely within the existing envelope for the dwelling on the site meaning there will be no increase in the perceived bulk and scale of the building;

 

-        The proposed floor space ratio for the dwelling and the secondary dwelling on the subject site would meet the objectives and performance requirements of the DCP – Dwelling Houses; and

 

-        As will be discussed in the following sections, the proposal does not result in any adverse impacts on the adjoining residential properties in terms of perceived bulk and scale, overshadowing and privacy.

 

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

 

Matter 2

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

 

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

 

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

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

 

·      Comments:

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

 

Matter 3

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

 

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

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

 

·      Comment:

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

 

Ways of establishing that compliance is unreasonable or unnecessary

 

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

 

First

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

 

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

 

Comments:

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

 

Second

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

 

Comments:

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

 

Third

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

 

Comments:

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

 

Fourth

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

 

Comments:

The floor space standard has not compromised by any decision or actions of Council.

 

Fifth

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

 

Comments:

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

 

6.    Community Consultation

 

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

 

7.    Technical Officers Comments

 

The application has been referred to the relevant technical officers within Council. The following comments have been provided:-

 

7.1      Development Engineer Referral Comments:

 

General  Comments

It is understood the application is being made under the  SEPP- Affordable Housing. This report has been prepared on this basis.

 

Parking   Comments

There are no alterations proposed to the existing parking spaces and no additional parking is proposed to be constructed.

 

Under the SEPP-Affordable Housing the consent authority must not refuse consent if no additional parking is to be provided on the site.  There are therefore no objections by Development Engineering.

 

Sydney Water Comments

Consistent with Sydney Water Guidelines  (secondary dwellings) a Section 73 Compliance certificate will not be required as a condition of consent for this development.

 

Landscape Comments

There are no existing trees, (covered by Council's Tree Preservation Order), that will be affected by this proposal.

 

Should the application be approved the following conditions shall apply:

 

8.    Master Planning Requirements

 

The site has a site area less than 10,000sqm and is not subject to the requirements of Clause 40A of the Randwick Local Environmental Plan 1998 (Consolidation) - Site specific development control plans.

 

9.    Relevant Environmental Planning Instruments

 

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

 

9.1      State Environmental Planning Policy (Affordable Rental Housing) 2009

 

Secondary Dwellings

Matter 1:

A consent authority must not consent to development to which this Division applies (Division 2 Secondary dwellings) if there is on the land, or if the development would result in there being on the land, any dwelling other than the principal dwelling and the secondary dwelling. 

 

Comment:

The proposed secondary dwelling will not result in there being any dwelling other than the principal dwelling and the secondary dwelling on the site.

 

Matter 2:

A consent authority may only consent to development to which this Division applies (Division 2 Secondary dwellings) if:

 

·      The total floor area of the principal dwelling and the secondary dwelling is less than the maximum floor area allowed for a dwelling house on the land under another environmental planning instrument; and

·      The total floor area of the secondary dwelling is no more than 60 square metres; or

·      If a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.

 

Officer Comment:

The total floor area of the secondary dwelling (68.5m2) is more than 60 square metres. The applicant submitted a SEPP 1 objection relating to the departures from the development standards with the development application. See further discussion above - Part 5.

 

Matter 3:

A consent authority must not refuse consent to development to which this Division applies (Division 2 Secondary dwellings) on the grounds of site area if the secondary dwelling is located within, or is attached to, the principal dwelling, or the site area is at least 450 square metres.

 

Officer Comment:

The proposed secondary dwelling is recommended for approval.

 

Matter 4:

A consent authority must not refuse consent to development to which this Division applies (Division 2 Secondary dwellings) on the grounds of no additional parking being provided on the site.

 

Officer Comment:

Additional parking is not proposed for the site. Nevertheless, the proposed secondary dwelling is recommended for approval (See further discussion below - Part 11.2).

 

9.2      SEPP (Building Sustainability Index: BASIX) 2004.

The proposal is for the creation of a secondary dwelling within an existing building. The proposed alterations and additions to the subject dwelling include an estimated cost of works of less than $50,000. Consequently the proposal is not subject to the requirements of the BASIX SEPP.

 

9.3      Randwick Local Environmental Plan 1998 (Consolidation).

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

 

Clause 10 - Zone No 2A (Residential A Zone)

The site is zoned 2A Residential under the Randwick Local Environmental Plan 1998 (Consolidation).  The proposal is consistent with the aims of RLEP 1998 (Consolidation) and the specific objectives of the zone in that the proposed activity and built form will maintain the desirable attributes of established residential areas; and protect the amenity of existing residents.

 

Clauses 20E, 20F & 20G

The proposal complies with the minimum landscaped area and the maximum building height for the site. See further discussion regarding floor space ratio – Parts 5 and 12.

 

10. Relevant Draft Environmental Planning Instruments:

 

Randwick Council’s Draft RLEP 2012 is currently on exhibition. Under the Draft RLEP 2012, the subject site is located within zone R2 Low Density Residential which is consistent with the current 2A zoning of the site. The proposed development is consistent with the relevant objectives, aims and provisions under the Draft RLEP as demonstrated by the following table:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning: 2A

 

Is development permitted under zoning?

R2

2A

Yes

Floor Space Ratio (Maximum) N/A

0.6

0.49

Yes

Height of Building (Maximum)

9.5m

9.5m

Yes

Lot Size (Minimum)

N/A

 

N/A

N/A

Clause 5.4 (9) Controls relating to miscellaneous permissible uses - Secondary dwellings

 

If development for the purposes of a secondary dwelling is permitted under

this Plan, the total floor area of the dwelling (excluding any area used for

parking) must not exceed whichever of the following is the greater:

(a) 60 square metres,

(b) 10% of the total floor area of the principal dwelling.

 

Greater than 60m2

No. See further discussion above - Part 5.

 

11. Policy Controls

 

11.1    Development Control Plan – Dwelling Houses and Attached Dual Occupancies:

 

The proposal generally satisfies the objectives and performance requirements of the DCP for Dwelling Houses and Attached Dual Occupancies.

 

11.2    Parking Development Control Plan:

The parking requirement for a dwelling house with 3 or more bedrooms is 2 off-street parking spaces. There are 2 off-street parking spaces on the site and the proposal is therefore compliant with the objectives and performance requirements of the DCP.

 

11.3    Council Policies:

No Council policies are relevant to the proposal.

 

12. 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.

 

Bulk and Scale:

An existing two storey detached dwelling is proposed to be altered to include a new secondary dwelling to the ground floor part of the building. There will be no increase in the existing perceived bulk and scale of the building as viewed from the streetscape and from neighbouring dwellings.

 

Visual and Acoustic Privacy:

An existing two storey detached dwelling is proposed to be altered to include a new secondary dwelling to the ground floor part of the building. No additional fenestration is proposed which may impose any unreasonable additional privacy impact on neighbouring dwellings.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Direction 4A:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal complies with the objectives and performance requirements of the Parking DCP and the DCP for Dwelling Houses and Attached Dual Occupancies however does not comply with a development standard contained within the State Environmental Planning Policy (Affordable Rental Housing) 2009. Nevertheless, support is recommended for a SEPP 1 Objection relating to Floor Area.  If approved, the proposed development would not result in any unreasonable or significant adverse impacts upon the amenity of the adjoining premises and the character of the locality.

 

 

Recommendation

 

A.       That Council support the objection under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clause 4 of Schedule 1 of the Affordable Rental Housing SEPP 2009, relating to Floor Area, on the grounds that the proposed development is consistent with the objective of the clause and will not adversely affect the amenity of the surrounding 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/164/2012 to convert the front of the existing dwelling house at ground floor level into a secondary dwelling (granny flat) including a new bathroom and kitchen, at No. 27 Solander Street, MATRAVILLE, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

 

Plan

Drawn by

Dated

Received

16/12

Peter Banfield

9 March 2012

13 March 2012

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

The following conditions of consent must be complied with before a ‘Construction Certificate’ is issued by either 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.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Smoke Alarms

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

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

 

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

Construction Certificate, Principal Certifying Authority & Commencement of Works

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Home Building Act 1989

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Temporary Site Fencing

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

 

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

 

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

 

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

 

Construction Site Management Plan

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

 

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

·        location of site storage areas/sheds/equipment;

·        location of building materials for construction;

·        provisions for public safety;

·        dust control measures;

·        site access location and construction

·        details of methods of disposal of demolition materials;

·        protective measures for tree preservation;

·        provisions for temporary sanitary facilities;

·        location and size of waste containers/bulk bins;

·        details of proposed sediment and erosion control measures;

·        provisions for temporary stormwater drainage;

·        construction noise and vibration management;

·        construction traffic management details.

 

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

 

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

 

Sydney Water

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

 

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

 

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

 

Public Utilities

11.     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.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

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

 

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

 

Inspections During Construction

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

 

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

 

Site Signage

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

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

 

Work Requirements

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

 

·        Occupational Health & Safety Act 2000 & Regulations

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

·        WorkCover NSW Guidelines and Codes of Practice

·        Australian Standard 2601 (2001) – Demolition of Structures

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

·        Relevant DECCW/EPA Guidelines

·        Randwick City Council Asbestos Policy

 

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

 

Sediment & Erosion Control

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

 

Public Safety & Site Management

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

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

 

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

 

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

19.     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.

 

20.     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.

 

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

 

OPERATIONAL CONDITIONS

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

 

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

 

External Lighting

22.     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.

 

ADVISORY NOTES

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

A9      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                     24 April 2012

 

 

Director City Planning Report No. CP28/12

 

 

Subject:                  495-503 Bunnerong Road, Matraville (DA/106/2012)

Folder No:                   DA/106/2012

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     Fitout and use of the premises as a Woolworths supermarket including new signage with hours of operation 6am to midnight 7 days

Ward:                      South Ward

Applicant:                Caverstock Group

Owner:                         La Chapelle Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The application is referred to the Planning Committee as the proposed development is valued at approximately $2,602,346.00.

 

The proposal seeks consent for the fitout and use of the premises as a Woolworths supermarket including new signage. The existing premises comprises a new mixed use development (containing a supermarket and 13 retail tenancies at ground floor level, 111 residential dwellings on floors above and 3 levels of basement parking for 288 vehicles) approved under DA/67/2009 and currently under construction. 

 

The DA was notified and advertised from 7 March 2012 to 21 March 2012 in accordance with Council’s DCP – Public Notification. No submissions were received in response.

 

The proposed development is permissible with consent of Council and generally complies with the relevant provisions of the LEP.

 

The proposal will introduce a new and significant commercial/retail tenant in the form of a full line Woolworth’s supermarket, which will reinforce the long-term vibrancy of the Matraville Town Centre. The proposed development will also complement the other approved individual retail tenancies at ground level and the overall residential development above which will be housed in a new contemporary building of appropriate architectural design, which will enhance the streetscape character of Bunnerong Road and Daunt Avenue.

 

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

 

The recommendation is for approval subject to conditions.

 

2.    The Proposal

 

The proposal is for the fitout and use of the premises as a Woolworths supermarket involving the following:

 

Staff : 120 staff comprising 48 full-time, 48 part-time and 27 casual staff

 

Hours of operation: 6am to mid-night, 7 days a week

 

Signage: Two signs are proposed to be installed as follows:

 

§ One façade mounted illuminated sign (4.6m long by 0.985m wide) on Daunt Avenue near its corner with Bunnerong Road and

 

§ One under awning sign (2.2m long by 0.3m) wide at the mall entry on Bunnerong Road.   

 

The proposed signage will have the wording “Woolworths” and logo and be restricted to the relevant tenancy on this ground floor.

 

Goods handled : Groceries

 

Loading/unloading : as per the designated loading/unloading zone and arrangements approved under the original DA.

 

Car parking : 119 spaces (plus additional 8 as required by consent) for retail component approved under the original DA.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the southeastern corner of Daunt Avenue and Bunnerong Road. The site has a total area of 5,663sqm.

 

Figure 1: Aerial view of the subject site.

 

The land as formerly occupied by a two storey building housing the Australia Post store and a liquor retail outlet. This building has since been demolished and the site is now under construction for the approved mixed use development under DA/67/2009.  

 

The surrounding area comprises predominantly retail/commercial uses with the subject site located within the Matraville Town Centre. To the west on the opposite side of Bunnerong Road is an existing shopping strip comprising predominantly two-storey shops and residence above with continuous awning. To the north on the opposite side of Daunt Avenue are predominantly residential flat buildings. Adjoining the site to the east is a mix of single-storey and double storey dwelling houses fronting Daunt Avenue and Pillar’s Place, and a public park. To the south, is a four storey mixed use building and further south is a church.

 

4.    Relevant History

 

24 June 2003 –          Master Plan was adopted by Council for the subject site providing for mixed residential and retail/commercial comprising 105 residential dwellings, 3 retail shops and 170 car parking spaces,

 

16 December 2003 -   DA/800/2003 was approved by Council to demolish the existing buildings and construct a mixed residential and retail/commercial development comprising two x 5 storey buildings containing 103 dwellings, ground floor retail spaces, and associated ground level & basement carparking.

 

10 November 2009 -   DA/67/2009 was approved by Council to construct a new mixed use development (containing a supermarket and 13 retail tenancies at ground floor level, 111 residential dwellings on floors above and 3 levels of basement parking for a total 288 vehicles).   

 

5.    Community Consultation

 

The DA was notified and advertised from 7 March 2012 to 21 March 2012 in accordance with Council’s DCP – Public Notification. No submissions were received in response.

 

6.      Technical Officers/External Agency Comments

 

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

 

6.1    Environmental Health Comments

The Environmental Health Services has assessed the application and advice as follows:

 

“Proposal

The site subject site was previously granted approval for a mixed use development including a supermarket (up to 7 storeys in height) in 2009 (DA/67/2009).

 

This application is for the fit out of the supermarket, to be occupied by Woolworths.

 

Key Issues

 

Food Safety

Appropriate standard conditions in relation to food safety will be recommended to be included so as to ensure compliance with relevant food safety legislation and guidelines.

 

Acoustic Amenity

An environmental noise impact assessment has been prepared by Acoustic Logic for the subject site. Building construction items have been detailed to be incorporated during the construction so as to ensure compliance with the nominated criteria.

 

Compliance with this report will be recommended to be included in the conditions.

 

The use of delivery docks has been previously identified as potential noise source. This has not been incorporated in the noise impact assessment, accordingly, appropriately worded (non standard) conditions shall be recommended to be included in any consent.

 

The hours of operation have been identified as part of this application and it is suggested the assessing planning officer review the proposed trading and operating hours so as to ensure they are consistent with the surrounding area and what was previously approved in DA/67/2009.

 

The use and operation of the supermarket and its potential impact on the proposed residential units has not been commented in the noise impact assessment. After discussing with the author of this report, George confirmed that the internal acoustic amenity of the units could be maintained if the vibration and isolation recommendations in his report were adopted. Appropriate conditions shall be recommended to be included in this consent to ensure compliance with this criteria. 

 

Recommendation

 

Apply Standard HBRS Conditions (EH&B 19 (Health only) - Food Premises/Fit-out (major fit-out e.g. new premises)

 

The following conditions are applied to satisfy relevant legislative requirements and to provide reasonable levels of public health, safety and amenity:”

 

6.2    Building Services Comments

No referral was required to Council’s Building Surveyor. Standard BCA conditions have been applied. 

 

6.3    Development Engineers Comments

Council’s Development Engineer has assessed the subject application and the following comments are provided:

 

“An application has been received for the installation of a new under awning sign at the above site for the proposed Woolworths.

 

Comments

 

The applicant shall be advised that Council may be implementing a new policy (under Section 611 of the Local Government Act) wherein fees may apply for advertising in public airspace.

 

Should the application be approved the following conditions shall apply:

 

1.  The minimum clear distance from the footpath in Bunnerong Road to the underside of the proposed under-awning advertising sign, (i.e. the sign to be installed above the footpath in Bunnerong Road), shall be 2.60 metres.

 

Advisory Conditions

The applicant shall be advised that Council may, in the future, be implementing a new policy (under Section 611 of the Local Government Act) wherein fees may apply for advertising in public airspace.”

 

Comment: Conditions as indicated above will be applied should approval be granted.

 

7.    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, as detailed in the following table:

 

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

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

 

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

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

 

 

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

Not applicable.

 

 

 

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

·    The proposed development is consistent with the predominant mixed use developments in the Matraville Town Centre.

·    The proposal is not considered to result in detrimental social or economic impacts on the locality but rather enhance the retail facility for the centre.

·    The proposal does not involve the erection of a new structure/building so that there will be no overshadowing, privacy and view impacts arising from the proposal.

·    The proposal’s traffic and access provisions will satisfy the objectives of Randwick LEP under Clause 9 as well as the objectives of the Local business 3B zone in that the proposal primarily provides opportunities for local retail and business development in the Matraville town centre.

·    The submitted Traffic Management Plan indicates that the expected traffic generation from deliveries to and from the proposed supermarket will be moderate and commensurate with its local scale.

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

The site has a zoning that permits the proposed use. The site has an approved development that provides for, and allocates, sufficient space for the proposed use. Therefore, the site is considered suitable for the proposed development.

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

No submissions have been received in relation to the proposed development.

 

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

The proposal will provide a local supermarket facility for nearby and surrounding community especially within the Matraville Town centre as envisaged under the Matraville Town Centre DCP with minimal adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered satisfactory in public interest terms.

 

8        Statutory Controls – S79C(1)(a)

 

8.1    Randwick Local Environmental Plan 1998 (Consolidation)

The site is zoned Local Business 3B under Randwick Local Environmental Plan 1998. The proposal is permissible in the zone with development consent. The proposal is consistent with the zoning objectives in that:

 

·              The development will reinforce the viability of the Matraville Town Centre by introducing residential and retail/commercial uses in close proximity to public transport services.

 

·              The development will provide activation and casual surveillance of Bunnerong Road, Daunt Avenue and the surrounding public domain through the generation of appropriate pedestrian customer traffic.

 

·              The development will improve the streetscape character of Bunnerong Road by introducing a suitably proportioned and articulated signage and window presentations.

 

The following clauses of the LEP apply to the proposal:

 

Clause

Requirement

Proposal

Compliance

42DA

Matraville Town Centre

 

 

42DA(1)

Applies to land marked on the map to LEP Amendment No. 37

The subject site is located within the Matraville Town Centre according to the map of the LEP.

Complies

42DA(2)

Objectives

 

 

 

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

The proposal is only for retail fitout. Nevertheless, the proposal will be housed within a new approved mixed use development that is considered to deliver a high quality built form that improves the streetscape character of Bunnerong Road.

 

Complies

 

(b) to encourage a vibrant and active town centre

The proposal is for the fitout of an approved retail space that combined with the approved residential use will provide activation of the town centre precinct.

 

Complies

 

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

The proposal is only for retail fitout. Nevertheless, the proposal will be housed within a new approved mixed use development that includes apartment units above a ground floor retail level which will introduce new residents and employment opportunity in the Matraville town centre.

 

N.A.

 

(d) to encourage a variety of housing that complements development within the town centre

The proposal is only for retail fitout. Nevertheless, the proposal will be a housed within a new approved mixed use development that provides a variety of housing choices, which will in turn cater for different household needs in the area.

 

N.A.

 

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

The proposal is for the fitout of an approved retail space that combined with the approved residential use will provide activation of the town centre precinct. The approved proposal is appropriately proportioned and articulated, and will not result in detrimental impacts on the visual character of Bunnerong Road and the surrounding public domain. Awnings are provided along the street frontages and will ensure the comfort and amenity of pedestrians when accessing, among other things, the proposed retail use.

 

Complies

 

(f) to encourage and facilitate the provision of appropriate vehicular access and off-street parking

The proposal is only for retail fitout. Nevertheless, the approved development has incorporated suitable on-site parking and access facilities (see relevant section on traffic impacts).

Complies

 

 

 

 

 

(g) to ensure that public transport and associated facility needs are considered and promoted

The proposal is only for retail fitout. Nevertheless, the approved proposal will introduce residential and commercial uses in close proximity to public transport services along Bunnerong Road.

 

Complies

 

 

 

 

 

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

The DA includes an SEE and environmental report that indicates the maximised use of natural lighting and incorporates appropriate features that reduce energy consumption.

Complies

 

(i) to improve the overall environmental quality of the town centre

The proposed retail fitout will facilitate the introduction of a supermarket in the Matraville Town centre that will provide for centralised shopping, promote economies of scale and further consolidate the function of the town centre.

Complies

42DA(7)

Up to 6 storey (If a supermarket is provided within the specifically identified Opportunity Locations in the Matraville Town Centre Development Control Plan, as approved by Council on 11 April 2006)

The proposal is only for retail fitout.

N.A.

42DA(7)

(b) the maximum building height may be 20.1 metres.

The proposal is only for retail fitout.

N.A.

 

8.2             Relevant draft environmental planning instrument–Section 79C(1)(a)

 

Draft Randwick Local Environmental Plan 2012

 

Under the Draft LEP, the subject site is zoned B2 Local Centre in which the proposal is permissible. The controls applicable over the subject site under the Draft LEP are maximum building height as required under Clause 4.3A of the Draft instrument. The Draft LEP also indicates that the subject site is affected by Class 5 Acid Sulphate Soil.

 

The proposal in its current form is considered to satisfy the key zoning objectives in terms of minimising the impacts of development and protecting the amenity of residents in the zone as well as providing opportunities for local retail and business opportunities in the local town centre.

 

8.3             Relevant State Environmental Planning Policies– Section 79C(1)(a)

State Environmental Planning Policies that are relevant to the proposal are:

 

State environmental Planning policy No. 64   – Advertising and Signage

Assessed against the provision of SEPP 64, the proposal will be consistent with the Criteria set out in Schedule 1 of the SEPP as follows:

Assessment Criterion      

Proposal

1 Character of the area

·      Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

·      Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

 

·     Yes.  The applicant has provided a sample of the proposed graphics and signage and general treatment to be applied on the facade of the proposed supermarket. The basic nature of the graphics/advertising on, and treatment of, the façade of the proposed supermarket is acceptable.  

·     The proposed signage will not impede the visual or physical permeability of the precinct for pedestrians or motorists.

 

2 Special areas

·      Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?

 

·     No. There are no environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes that would be affected by the proposed development. In terms of surrounding residential areas, while the proposed signage and graphics will be visible from some residential areas, they will be integrated into the building envelope (which was approved and designed to accommodate non-residential uses) and will not compromise the visual quality of the wider Matraville Town Centre.

 

Assessment Criterion

Proposal

3 Views and vistas

·      Does the proposal obscure or compromise important views?

 

 

·      Does the proposal dominate the skyline and reduce the quality of vistas?

 

 

·      Does the proposal respect the viewing rights of other advertisers?

 

·     No. The proposed signage is integrated into the building envelope and will not obscure or compromise any important views in and around the Matraville Town Centre.

·     No.  The proposed signage is integrated into the building envelope and will not obscure or compromise important views in and around the Matraville Town Centre.

·     Yes.  The advertising sign will respect the viewing rights of other advertisers within the Matraville Town Centre by providing proposed signage confined to the physical curtilage of the designated ground level retail area.

 

4 Streetscape, setting or landscape

·      Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?

 

 

 

·      Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

 

 

 

·      Does the proposal reduce clutter by rationalising and simplifying existing advertising?

 

·      Does the proposal screen unsightliness?

 

·      Does the proposal protrude above buildings, structures or tree canopies in the area or locality?

 

 

·     Yes.  The ground floor of the approved building was specifically designed to accommodate retail and / or commercial development.  The proposed signage, in principle, is relatively modest in nature and form and is not expected to be incongruous in this setting.

·     Yes.  The signage and the application of the graphics to part of the shop front and tenancy that will reasonably be expected to contribute to the visual interest in the overall mixed use precinct of the Matraville Town Centre.

 

·     No. The proposal is for new signage.

 

 

·     No. The proposed signage is for the promotion of a business on site.

 

·     No

5 Site and building

·      Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

·      Does the proposal respect important features of the site or building, or both?

 

 

 

 

 

 

·      Does the proposal show innovation and imagination in its relationship to the site or building, or both?

 

·      Yes.  The proposed signage is contained within the physical extent of the building envelope.

 

 

·      Yes.  There are no environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes that would be affected by the proposed development. In terms of surrounding Matraville Town Centre, its intensity, size and distribution is appropriate to ensure that the proposed signage respects the overall town centre.

 

·      Yes its intensity, size and distribution is appropriate to ensure that the proposed signage respects the overall town centre.

 

Assessment Criterion

Proposal

6 Associated devices and logos with advertisements and advertising structures

·      Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?

 

 

 

·       No. N.A.

7 Illumination

·      Would illumination result in unacceptable glare?

·      Would illumination affect safety for pedestrians, vehicles or aircraft?

·      Would illumination detract from the amenity of any residence or other form of accommodation?

·      Can the intensity of the illumination be adjusted, if necessary?

·      Is the illumination subject to a curfew?

 

·       No (subject to condition)

 

·       No

 

 

·       No (subject to condition)

 

·       Yes

 

 

·       No

8 Safety

·      Would the proposal reduce the safety for any public road?

·      Would the proposal reduce the safety for pedestrians or bicyclists?

·      Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?

 

·       No

 

·       No

 

 

·       No

 

9       Policy Controls – 79C(1)(a)

 

9.1    Development Control Plan – Matraville Town Centre

The relevant provisions of the Development Control Plan – Matraville Town Centre are addressed as follows:

 

Clause

Control

Comments

3.1

Site Analysis

 

 

Submit a details Site Analysis, based on a survey drawing produced by a qualified surveyor

Submit a written statement demonstrating how the design responds to constraints and opportunities identified in the Site Analysis

The application has included a site suitability analysis in the SEE that demonstrates the relationship between the proposed supermarket and its role and function in the locality. Satisfactory.

3.2

Site Requirements / Amalgamation

 

 

Ensure that development / redevelopment / amalgamation does not adversely affect or limit the future development potential of adjacent and adjoining sites

The proposal is only for a retail fit out and would not adversely affect the future development potential of the adjoining sites.

3.3

Building Envelopes

 

 

3.3.2 Heights

If a supermarket is included in a development where nominated, a 6th storey may be considered with the 5th and 6th storeys setback from the floor below of 4 metres.

 

N.A. The proposal is only for a retail fitout.

 

Floor to ceiling heights:

Ground/Storey 1 = 3.5m + 0.8m floor slab/ceiling space

Storey 2 to 6 = 2.7m + 0.2m floor slab/ceiling space

Maximum height to underside of topmost ceiling (up to storey 6): 18.6m

 

N.A. The proposal is only for a retail fitout.

 

 

 

 

3.3.3 Depth

Development fronting Bunnerong Road, Beauchamp Road, Daunt Avenue, Baird Avenue, Perry Street and Franklin Street = Maximum 16m

 

Development fronting a lane and development at the rear of a lot = 8m

 

 

N.A. The proposal is only for a retail fitout.

 

 

 

Within the maximum building envelope depth:

-     Articulate the building façade

-     Design apartments so that the maximum glass to glass dimension is 14m

 

Balconies may extend outside the maximum building envelope depth by up to 600mm, but may not extend beyond the property boundary

 N.A. The proposal is only for a retail fitout.

 

 

3.3.4 Setback & Separation

Development fronting Bunnerong Road, Beauchamp Road, Daunt Avenue, Perry Street and Franklin Street:

No setback from the street edge up to and including 4 storeys

4m from the street edge for any storeys higher than 4.

 

A minimum 1.5m x 1.5m splay corner at ground level at the intersection of two roads. No walls or planting higher than 600mm may be located within the splay corner.

 

N.A. The proposal is only for a retail fitout.

 

 

 

Setback all development by a minimum of 9m from adjoining sites in a Residential zone.

Landscape this setback, preferably with a substantial deep soil zone.

This setback may be suitable for use as private open space for development at the rear of a lot.

 

N.A. The proposal is only for a retail fitout.

 

 

No side setbacks are required in the commercial zone.

N.A. The proposal is only for a retail fitout.

 

 

For sites with rear lane or rear lot development, provide an internal courtyard garden with a minimum separation between buildings of 12m.

N.A. The proposal is only for a retail fitout.

 

3.4

Opportunity Locations

 

 

3.4.1 Supermarket

Amalgamate a minimum site area of 1700sqm in the general locations indicated on the map.

N.A. The proposal is only for a retail fitout. Notwithstanding this, the subject site was previously identified in the original DA as a potential site for a supermarket and has a total site area of 5,663sqm.

 

Provide evidence of an Agreement to Lease with a recognised supermarket

retailer intending to operate a supermarket or fruit & vegetable grocery of at least 500 sq metres retail area with any D.A.

The proposed retail fitout follows up on the earlier supermarket designed in the original DA. Accordingly, the current DA includes the proposed occupation and operation of the supermarket within the building.

 

Maximum building depth at Ground/Storey 1:

§ Full depth of the site, subject to appropriate setbacks from any neighbouring residential development.

The proposed retail ground level covers the majority of the site with appropriate setback from the eastern adjoining properties.

 

Setbacks:

§ 4m deep soil zone setback from adjoining sites in residential zone, up to and including Storey 2.

§ Above Storey 2, provide a 9m setback from adjoining sites in a residential zone, and a 6m setback from adjoining park/open space.

 

N.A. The proposal is only for a retail fitout

 

Maximum overall height (at Bunnerong Road only):

§ 6 storeys, with the upper two storeys setback from the street edge by 4m.

 

N.A. The proposal is only for a retail fitout.

 

 

Maximum floor to ceiling height at Ground/Storey 1:

§ 5m (overall building height is adjusted to reflect this increased maximum).

N.A. The proposal is only for a retail fitout

 

Provide supermarket and other convenience shopping at ground level with a minimum lettable and common floor area of 1,000 sq metres over one level.

The proposed supermarket and retail tenancies have a total floor area of 3,807sqm at ground level (i.e. 2,925sqm for supermarket and 882sqm for the retail tenancies).

 

Provide all parking at basement level.

Complies.

 

Provide active retail and commercial uses and frontages addressing Bunnerong Road and Daunt Ave. For corners addressing other streets, active residential frontages may be appropriate.

Complies.

3.5

Building Design

 

 

3.5.1 Active Frontages

- Provide a continuous and active zero setback business frontage on the ground floor in Perry Street.

- Maximise street level activity (e.g. by wrapping shopfronts around corners) and minimise blank walls at ground level.

- Maximise glazing for retail / commercial uses, but break large glazed shopfronts into discrete sections to ensure visual interest.

- The use of opaque or reflective glass which obscures uses on the ground floor is discouraged.

- Ensure that any grilles or transparent security shutters to retail frontages offer a minimum of 70% transparency.

- Incorporate outdoor dining in cafes and/or restaurants wherever possible.

- Recess doors to ensure they do not encroach over the footpath when open.

 

While the proposal is only for retail fitout of the proposed supermarket, the ground floor level approved in the original DA is predominantly characterised by a glazed shop front with zero setback. Overall, the ground level elevations are considered satisfactory and will not undermine the town centre character of the area.

 

 

3.5.3 Awnings

- Provide continuous street frontage awnings to all new development. Generally awnings should be a minimum 3m deep.

- Setback awnings a minimum of 600mm from the kerb.

- Design new awnings to be complimentary with their neighbours, and aligned with the general alignment of existing awnings in the street.

- Cantilever awnings from the buildings with a minimum soffit height of 3.5m.

- Provide under awning lighting to improve public safety.

- Colonnades along the street edge are inappropriate in this context.

- Signage on canvas blinds is inappropriate.

While the proposal is only for retail fitout of the proposed supermarket, a continuous awning is provided along the Bunnerong Street and Daunt Avenue frontages and has been design in accordance with Council’s requirements. Satisfactory.

 

3.5.5 Facades

- Articulation

- Address the street

- Emphasise verticality at street corners

- Adopt a modular form that reflects the narrow shop width of older buildings and lots in the town centre (6-8m). Align the building with its neighbours.

- Ensure that shutters, louvres and other façade features do not encroach over Council’s road reserve.

- The façade expresses a bottom, middle and top related to the overall proportion of the building.

- Light weight structures, sunshade devices and etc. may penetrate the Building Envelope (but not the property boundary) by a maximum of 1.5m.

- Avoid curtain walls, large expanses of glass and concrete.

- Where new development leaves exposed party walls adjacent to existing, lower buildings, improve the appearance of the exposed section of the party wall with colour, modulation and articulation.

While the proposal is only for retail fitout of the proposed supermarket, the approved building has been designed with the following appropriate features:

·        nil setbacks to the Bunnerong Road & Daunt Avenue corner and a canopy roof structure to emphasise the verticality at corner. The proposed design will create a strong definition to the street, commensurate with the desired character in the town centre.

·        A communal landscaped podium is provided in between the two buildings, which will minimise overshadowing and visual impacts.

·        The ground floor retail/commercial suites have incorporated clear glazing, which will provide activation and casual surveillance of the street.

·        The facades are appropriately articulated with balconies, shading devices and a combination of finishing materials, which will improve their presentation to the streets. 

 

 

3.5.7 Mobility and Access

- Achieve building / retail / commercial entrances which are flush with the footpath / external ground level, or provide a suitably ramped alternative.

- Provide facilities as required by AS1428.

- Use appropriate gradients and materials, including slip resistant materials, tactile surfaces and contrasting colours.

While the proposal is only for retail fitout of the proposed supermarket, the approved building includes disabled access to the ground level retail/commercial suite and the car parking areas. Advisory conditions were also included in the development consent recommending, as a precautionary measure, compliance with the Disability Discrimination Act and relevant provisions of the Australian Standard.

 

3.5.10 Signage

Signage has been assessed in relevant sections of this applying provisions of SEPP 64 – Advertising and signage and Council’s DCP – Outdoor Advertising. Overall, the signage proposed is appropriate for the business and will not detract from the character and streetscape of the Matraville Town Centre.

3.6

Access

 

 

3.6.1 Parking

- Incorporate parking within and/or beneath the building. Car parking areas may be designed as ground level parking provided that:

The roof is landscaped as a courtyard garden; and

The design results in building frontages level with the street

- Parking provisions shall be in accordance with DCP – Parking, the RTA Guidelines and Australian Standards.

- Tandem parking may be considered where these spaces are attached to the same Strata Title comprising a single apartment, subject to consideration of the maximum parking limit.

- Design parking to ensure pedestrian safety.

- Provide on-site bicycle parking in accordance with DCP – Parking.

- Include natural ventilation to basement and semi-basement car parking. Integrate ventilation design into the façade of the building, or parking structure, by treating it with appropriate features such as louvres, grilles, planting or other landscape elements.

 

The proposed parking is incorporated into the basement levels under the approved development. The original proposal provides for 119 retail/commercial carparking which complies with the parking requirements of the DCP. Additionally, Council’s development engineering section required the two car share spaces to be provided within the development and changes to be undertaken on Daunt Avenue (i.e. two westbound lanes and No Stopping area along the northern side of Daunt Avenue) and 8 additional car spaces to be provided in the basement.

 

On-site bicycle parking is provided within the residential level car park.

 

Due to the size of the development, the basement is to be ventilated mechanically.

 

3.6.2 Vehicle Access

- Provide vehicle access from rear lanes and side streets.

- Design driveways to minimise visual impact on the street and maximise pedestrian safety. Setback any rear lane garage doors 1m from the laneway alignment.

- Integrate water runoff management into the design of driveway ramps and entrances.

- Avoid locating access ways adjacent to the doors or windows of habitable rooms.

- Design vehicular access in accordance with AS2890.1 or AS2890.2.

- Internal driveways must be a minimum of 5.5m clear width for the first 6m inside the property to allow entering and exiting vehicles to pass freely. Should the driveway narrow beyond the first 6m, a minimum splay of 1.5m x 1.5m must be provided to allow the passing to work.

Vehicle access to the loading dock and basement car park is provided from Daunt Avenue.

 

A security and acoustic roller shutter is provided at the entry of the loading dock ramp.

 

The driveway design has been assessed by Council’s Development Engineer under the original DA approval. No objections were raised in relation to the location, dimension and configuration of the access facilities, subject to conditions.

Satisfactory, subject to conditions, as per the original DA approval (DA/67/2009).

 

3.8

Amenity

 

 

3.8.1 Natural Daylight, Overshadowing  & Solar Access

- Maintain sunlight access to private and public open space and north-facing habitable rooms of adjoining development for at least 3 hours between 9am and 3pm on 21 June.

 

 

The proposal does not involve the erection of a new structure/building so that there will be no overshadowing, privacy and view impacts arising from the proposal. These impacts have already been assessed under the original DA assessment and determination for the overall development.

 

 

 

 

 

3.8.2 Natural Ventilation

- Maximise natural ventilation to each apartment

N.A. The proposal is only for a retail fitout

 

3.8.3 Privacy – Acoustic

- Submit a noise and vibration assessment where appropriate.

- Provide adequate building separation within the development and from neighbouring buildings.

- Locate busy, noisy areas next to each other.

- Locate bedrooms away from busy roads and other noise sources.

- Use storage or circulation zones within the apartment to buffer noise

- Minimise the amount of party walls with other apartments

- Provide seals at entry doors.

 

The applicant has provided an acoustic report that has been reviewed by Council’s Environmental Health officer and compliance with the provisions of this report has been recommended subject to conditions including restrictions on the use of delivery docks and observance of the proposed hours of operation so as to not result in an unreasonable loss of amenity to nearby residents.

 

Overall, the proposed development is considered to be acceptable subject to appropriate conditions.  

 

9.2    Development Control Plan – Outdoor advertising

 

The DCP – Outdoor Advertising provides guidelines for the design and siting of outdoor advertising which is applied to the proposal in the following table:

 

Section 2.2 Business Zoning

Objective

Proposal

Complies

Y/N

Ensure that outdoor advertising is in keeping with the scale and character of the building to which it is attached and does not detract from the architectural style or features of the building.

The signage is limited to the lower façade of the premises and the applicant has provided a sample of the proposed graphics and signage and general treatment to be applied on the facade of the proposed supermarket.

 

The proposed signage will not impede the visual or physical permeability of the precinct for pedestrians or motorists.

Y

Recognise that outdoor advertising can help to express the character of a commercial district or business centre.

The type of signage proposed, in essence, will signify that the ground floor of the approved building incorporates non-residential business uses.

Y

Ensure opportunity exists on a fair and equitable basis to occupy limited advertising space

The proposed signage is limited to an under awning sign at the entry point on Bunnerong Road and a wall mounted sign on Daunt Avenue and will not compromise the ability of adjoining premises to use signage.

Y

Ensure that the placement and amount of advertising does not crowd advertiser’s messages

The proposed supermarket use and associated signage is the first retail tenancy to seek approval in the building. Additionally, the size and intensity of the signage is restrained and therefore will not create overcrowding of messages.

Y

Reduce the visual complexity of streetscapes by providing fewer, more effective signs

Details of proposed signage has been provided with the application. The under awning sign on Bunnerong Road will be 2.2m long by 0.3m wide. The wall mounted sign on Daunt Avenue will be 4.6m long by 0.985m wide. These dimensions are considered restrained and moderate and not excessive in number and intensity. 

Y

Roof signs and advertising structures which project above the parapet of the building or that part of the building to which they are attached, including signs and bunting mounted on plant rooms or other roof structures will not be permitted.

No roof signage is proposed

 

N.A.

Fin signs, projecting wall signs and above awning signs will not be permitted.

No such signage is proposed.

N.A.

Outdoor advertising above awning level will not be permitted on any building listed as a heritage item or situated in a heritage conservation area.

The subject building is not a heritage item nor is the surrounding area a heritage conservation area.

N.A.

The wording (or advertising content) on any sign should relate to the premises on which the sign is erected or the activities carried on within the premises.

Wording in the signage is limited to the premises’ name (“Woolworths”) and logo referring to the name of the supermarket.  The graphics do not include any text constituting advertising.

Y

Upper level signs are best located at major focal points to advertise arcades, plazas etc and to provide a corporate identity for developments which contain a range of businesses.

No upper level signage is proposed.

N.A.

 

Advertising on or attached to buildings must align and relate to the architectural design lines on a building façade or, in the absence of architectural detail or decoration, relate to the design lines of adjacent buildings.

The ground floor of the approved building was specifically designed to accommodate retail and / or commercial development.  The proposed signage will be restricted to the relevant tenancy on this ground floor. The applicant has provided a sample of the proposed graphics and signage and general treatment to be applied on the facade of the proposed supermarket. The basic nature of the façade treatment and graphics/advertising is acceptable, and its intensity, size and distribution will be consistent with the desired future character of the Matraville Town centre. 

Y

A-frames and other similar types of advertising will not be permitted.

No such signage is proposed.

N.A.

Under-awning signs will be permitted on the basis of one per shop or for larger premises one / 6m of shop frontage.

The proposed under-awning signage complies.

Complies

Under awning signs must be at least 2.6m above footpath level.

Yes, subject to condition.

Complies

The visual amenity and value of streetscapes should be protected through careful consideration of proposals for advertising above awning level.

The proposed signage above awning will be a wall mounted illuminated sign, 4.6m long by 0.985m wide, which will not be intrusive in the Daunt Avenue streetscape at its intersection with Bunnerong Road.  Additionally, the nearby Bunnerong Road streetscape is a retail/commercial strip in which moderate and restrained above awning signage can be reasonably installed without disrupting its visual amenity.    

N.A.

The size and shape of any outdoor advertising must relate to the size of the building or space to which it is to be attached to or placed on.  Larger building facades are capable of accommodating larger signs without detracting from the appearance of the building.

The ground floor of the approve building was specifically designed to accommodate retail and / or commercial development.  The proposed signs will have the following dimensions: under awning sign on Bunnerong Road will be 2.2m long by 0.3m wide and the wall mounted sign on Daunt Avenue will be 4.6m long by 0.985m wide. The proposed signage will be restricted to the relevant tenancy on this ground floor. The applicant has provided a sample of the proposed graphics and signage and general treatment to be applied on the facade of the proposed supermarket. 

 

Y

Outdoor advertising must not dominate or obscure a building or its architectural features.  Advertising should be used as a mechanism to highlight and reinforce architectural details.

As described in the row above.

Y

Pole or pylon signs must not exceed the height of adjoining or adjacent buildings or 6m, whichever is the lower.

No pylon signs are proposed.

N.A.

 

 

 

 

 

9.3    Development Control Plan – Parking

Under the original approval for the mixed use development on-site, the DCP - Parking requirement for the proposed retail uses was as follows:

 

 

Rate

Requirement

Proposed

Business Premises

1 space per 40sqm GFA

4035/40=100.9(101)

119

Bicycle

1 per 3 dwellings and 1 visitor per 10 dwellings

111/3=37(Resident)

111/10=11(visitor)

A bicycle parking area provided at basement level 3.

Carwash bay

1 per 12 dwellings

111/12=9.3(9)

9 spaces provided (sharing with visitor parking).

 

The original proposal provides for 119 retail/commercial carparking which complies with the parking requirements of the DCP. In addition to this provision, Council’s development engineering section required, as a condition of consent, that two car share spaces be provided within the development, road works and changes be undertaken on Daunt Avenue (i.e. two westbound lanes and No Stopping area along the northern side of Daunt Avenue) and 8 more car spaces be provided in the basement.

 

Accordingly, the proposal satisfactorily addresses carparking provision by virtue of the retail/commercial car spaces provided and approved under the original consent.

 

9.4    Section 94A Development Contributions Plan

The Section 94A Development Contributions Plan, effective from 2 July 2007, is applicable to the proposal. In accordance with the Plan, the following monetary levy is required:

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost more than $200,000

$2,602,346.00

1%

$26,023.46

 

9.5      Likely impact of the development - S79C(1)(b)

 

9.5.1          Impact on adjoining development

 

Building Design, Materials and Aesthetics

The proposal has minimal built form impacts given the predominantly internal nature of the proposed retail fitout and the future supermarket operation. Notwithstanding this, the proposed retail fitout will largely occur internally within an approved built form and envelop whose design, scale and material palette have undergone intensive review by the SEPP 65 Design Review Panel. The proposed supermarket will be housed in a new building which will have a design and visual character that will enhance the streetscape through the introduction of a strong building edge along Bunnerong Road and an appropriate architectural treatment to the corner of Bunnerong Roa d and Daunt Avenue.

 

The proposed signage for the supermarket will have an intensity, size and distribution that will respect the new building as well as the streetscape on Bunnerong Road and Daunt Avenue.

 

Public Domain

The proposed supermarket will contribute towards improvements to the public domain by activating the Bunnerong Road frontage with the introduction of a major retail activity which will enhance the vitality of the Matraville Town Centre. This major retail use will be complemented by the proposed upgrade to the footpath and street trees along Bunnerong Road and Daunt Avenue; the upgrade to the adjoining public reserve and the overall improvement to the aesthetic appearance and living environment of this part of Matraville Town Centre. Additionally, the proposed supermarket will act as a magnet within the town centre for existing pedestrian linkages from the residential areas to the east.

 

Noise

There are provisions under the Protection of the Environment Operation Act 1997 that protect the amenity of residents in relation to noise and vibration issues.

 

The applicant has provided an acoustic report that has been reviewed by Council’s Environmental Health officer and compliance with the provisions of this report has been recommended subject to conditions including restrictions on the use of delivery docks and observance of the proposed hours of operation so as to not result in an unreasonable loss of amenity to nearby residents.

 

Privacy, Solar Access and views

The proposal does not involve the erection of a new structure/building so that there will be no overshadowing, privacy and view impacts arising from the proposal. These impacts have already been assessed under the original DA assessment and determination for the overall development.

 

Traffic

The traffic impacts for the overall development inclusive of the proposed supermarket use were assessed under the original DA determination. The original assessment included review of traffic modelling from traffix and the RTA which have been supported by additional Council requirements for works in Daunt Avenue to address RTA concerns of queuing extending into Bunnerong Road. Additionally, the current proposal has included a Traffic Management Plan which indicates that the expected traffic generation from deliveries to and from the proposed supermarket as well as the staff and customer traffic will be moderate and commensurate with its local scale.

 

9.5.2   Social and Economic Impacts - S79C(1)(b)

As noted previously, the proposal will have positive social and economic impacts on the locality as it will bring in a major retail anchor tenant for the Matraville Town Centre providing not only an important retail service but also reinforcing the economic well being of the centre. This will further provide for local employment as well as generate additional needs for business, employees and patrons in Matraville Town Centre which will in turn encourage the location of services and facilities into the area.

 

9.5.3          Ecologically Sustainable Development

 

The proposed development is located in an area well served by public buses along Bunnerong Road, linking the subject site to the CBD, Railway Square, Bondi Junction and Randwick Junction. Additionally, the SEE and environmental report submitted with the DA indicates the maximised use of natural lighting and incorporated appropriate features that reduce energy consumption. The proposal is considered acceptable in relation to Ecologically Sustainable Development issues.

 

9.5.4          Site Suitability - S79C(1)(c)

The site is located within the Matraville Town Centre and has convenient access to the local and regional transport network. Other commercial and retail uses are within walking distance from the site making it conducive to economies of scale. The site has sufficient area to accommodate the proposed retail activity. The zoning allows for the proposed use. Therefore, the site is considered suitable for the proposed development.

 

 

9.6    Issues raised in submissions - S79C(1)(d)

No submissions were received in response to the notification and advertising of the proposal.

 

 

9.7    The public interest – S79C(1)(e)

The proposed development will provide the local community with major supermarket tenant and takes advantage of its proximity to the full range of transport services and urban facilities in the existing Matraville town centre. Additionally, the proposal will assist in creating a vibrant and sustainable town centre for the benefit of both business interests and local residents.

 

10.    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.

Key Action:       Encourage and reward design excellence and sustainability.

 

11.    Financial Impact Statement

 

Not applicable.

 

12.    Conclusion

 

The proposed development is permissible with consent of Council and generally complies with the relevant provisions of the Randwick LEP (Consolidation); the relevant objectives and performance criteria of the DCP for Matraville Town Centre; the DCP – Outdoor Advertising and the DCP - Parking.

 

The proposal will introduce a significant retail use comprising a Woolworths supermarket, which will reinforce the long-term vibrancy of the Matraville Town Centre and provide an important retail facility in the locality. The proposed development will be housed in a newly approved contemporary building of appropriate architectural design, which will enhance the streetscape character of Bunnerong Road and Daunt Avenue.

 

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

 

The recommendation is for approval of the application subject to conditions.

 

Recommendation

 

A.     That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/106/2012 for the fitout and use of the premises as a Woolworths supermarket including new signage at 495-503 Bunnerong Road, Matraville, subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans numbered 1 Amendment M, 2 Amendment B and 4 Amendment B, all dated 28/09/2011; and A01, A02, and A03 all dated 1/12/2011, and stamped received by Council on 21 February 2012, the application form, 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:

 

Document

Prepared by:

Dated

Statement of Environmental Effects

OPRA Architects

16 January  2012

 

2.       The acoustic report titled “Proposed Woolworth at 495-503 Bunnerong Rd, Matraville – Environmental Noise Impact Assessment – prepared by Acoustic Logic – dated 31.01.2012” and all the recommendations contained therein form part of this consent.

 

3.       The colours, materials and finishes of the external surfaces to the proposed development and the proposed signage are to be consistent with the approved schedule of colours, materials and finishes of the approved development under DA/67/2009 and  compatible with adjacent developments to maintain the integrity and amenity of the building and the streetscape.

 

4.       Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

5.       The installation of roller shutters or security grilles to the shopfront is not permitted, unless a specific development consent has been obtained from Council.

 

Should the approval be granted to the application, the following conditions should be included in the development consent:

 

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.

 

Consent Requirements

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

 

Food Safety, Environmental Health & Amenity

7.       The premises is to be designed and constructed in accordance with the Food Act 2003, Food Regulation 2004, Australia & New Zealand Food Standards Code and Australian Standard AS 4674-2004, Design, construction and fit-out of food premises.  Details of the design and construction of the premises are to be included in the documentation for the construction certificate to the satisfaction of the certifying authority.

 

8.       Details of any proposed mechanical ventilation systems, detailing compliance with the relevant requirements of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2 (including exhaust air quantities and discharge location points) are to be submitted to and approved by the Certifying Authority with the construction certificate and a copy of relevant documentation is to be provided to Council.

 

Awning

9.       The minimum clear distance from the footpath in Bunnerong Road to the underside of the proposed under-awning advertising sign, (i.e. the sign to be installed above the footpath in Bunnerong Road), shall be 2.60 metres.

 

Compliance with the Building Code of Australia & Relevant Standards

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

 

Building regulation and construction site management

11.     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.

 

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

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

13.     The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. Details shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

 

Section 94A Development Contribution

14.     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

$2,602,346.00

1%

$26,023.46

 

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

 

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

 

 

15.     Prior to a construction certificate being issued for the ‘fit-out’ of the food business, a certificate or statement must be obtained from a suitably qualified and experienced Food Safety Consultant or Council’s Environmental Health Officer, which confirms that the design and construction of the food business satisfies the relevant requirements of the Food Act 2003, Food Standards Code and AS 4674 (2004) - Design, construction and fit-out of food premises.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works associated with the retail fitout 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.

 

16.     All plumbing and drainage work must be carried out in accordance with the requirements of Sydney Water and liquid trade waste materials are to be drained to the sewer (via a suitable grease trap) and details of compliance are to be submitted to the certifying authority prior to the commencement of any works.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

 

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

 

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

 

Occupation Certificate Requirements

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

 

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

 

        Street numbering

18.     Street and unit numbering must be provided to the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council, prior to an occupation certificate being issued for the development. In this regard, an application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of appropriate street and unit numbers for the development, prior to issue of the Occupation Certificate.

 

19.     Prior to the issuing of an interim or final occupation certificate, the premises must be inspected by Council’s Environmental Health Officer to ascertain compliance with relevant Food Safety Standards and the written approval of Council (being the relevant Food Authority for this food business) must be obtained prior to the operation of the food business.

 

20.     Prior to an occupation certificate being issued for the development a report, must be obtained from a suitably qualified and experienced consultant in acoustics, which demonstrates and certifies that noise and vibration from the development complies with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW EPA/DECC Noise Control Manual & Industrial Noise Policy and conditions of Council’s consent, including (but not limited to) the use and operation of the proposed supermarket and its impact on the residential units, with regard to the internal amenity criteria as set in DA/67/2009 (please refer to advisory note A5).  A copy of the report is to be forwarded to the Council prior to issuing any occupation certificate.

 

21.     A certificate or statement must be provided to the certifying authority and the Council, from a suitably qualified person, prior to occupation, which confirms that the mechanical ventilation system satisfies the relevant requirements of the Building Code of Australia and Australian Standards AS 1668 Parts 1 & 2.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF BUSINESS OPERATION

The following conditions of consent must be complied with prior to the commencement of any food business operations on the site. 

 

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.

 

22.     Prior to commencement of food business operations, the food premises must be registered with Council's Health, Building & Regulatory Services Department and the NSW Food Authority in accordance with the Food Safety Standards.

 

23.     Trade/commercial waste materials must not be disposed via council’s domestic garbage service.  All trade/commercial waste materials must be collected by Council’s Trade Waste Service or a waste contractor authorised by the Waste Service of New South Wales and details of the proposed waste collection and disposal service are to be submitted to Council prior to commencing operation of the business.

 

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.

 

Environmental Amenity

24.     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.

 

25.     Public access to any visitor’s car parking spaces is to be maintained at all times and an intercom system is to be provided adjacent to the vehicular entrance to the car park, together with appropriate signage providing instructions for use.

 

Health, safety and amenity

26.     The hours of the operation of the business are restricted to the following:-

 

Monday – Sunday     6:00am – 12:00 midnight

 

27.     All deliveries and waste collection services are to occur within the loading dock strictly during the hours of operation of the business. There is to be no queuing of delivery vehicles.

 

28.     All food preparation (cooking, cutting etc) is restricted to the food preparation or kitchen areas only.

 

29.     The design, construction and operation of the food premises must comply with the following requirements, as applicable:-

 

a)     The floors of kitchens, food preparation areas and the like are to be constructed of materials which are impervious, non slip and non abrasive.  The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.  The intersection of walls with floor and plinths is to be coved, to facilitate cleaning.

 

b)     Walls of the kitchen preparation areas and the like are to be of suitable construction finished in a light colour with glazed tiles, stainless steel, laminated plastics or similar approved material adhered directly to the wall adjacent to cooking and food preparation facilities or areas, to provide a smooth even surface.

 

The glazed tiling or other approved material is to extend up to the underside of any mechanical exhaust ventilation hoods and a minimum of 450mm above bench tops, wash hand basins, sinks and equipment.

 

c)     Walls where not tiled are to be cement rendered or be of rigid smooth faced non-absorbent material (i.e. fibrous cement sheeting, plasterboard or other approved material) and finished to a smooth even surface, painted with a washable paint of a light colour or sealed with other approved materials.

 

d)     The ceilings of kitchens, food preparation areas, storerooms and the like are to be of rigid smooth-faced, non absorbent material (i.e. fibrous plaster, plasterboard, fibre cement sheet, cement render or other approved material), with a light coloured washable paint finish.  ‘Drop-down’ ceiling panels must not be provided in food preparation or cooking areas.

 

e)     All stoves, refrigerators, bainmaries, stock pots, washing machines, hot water heaters, large scales, food mixers, food warmers, cupboards, counters, bars etc must be supported on wheels, concrete plinths a minimum 75mm in height, metal legs minimum 150mm in height, brackets or approved metal framework of the like.

 

f)      Cupboards, cabinets, benches and shelving may be glass, metal, plastic, timber sheeting or other approved material.  The use of particleboard or similar material is not permitted unless laminated on all surfaces.

 

g)     Fly screens and doors with self-closing devices, are to be provided to all external door and window openings and an electronic insect control device/s are to be provided in suitable locations within the food premises.

 

h)     A mechanical ventilation exhaust system is to be installed where cooking or heating processes are carried out in the kitchen or in food preparation areas, where required under the provisions of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2.

 

Emission control equipment shall be provided in mechanical exhaust systems serving the cooking appliances, to effectively minimise the emission of odours, vapours and oils. 

 

i)      Wash hand basins must be provided in convenient positions located in the food preparation areas, with hot and cold water, together with a sufficient supply of soap and clean towels.  The hot and cold water must be supplied to the wash hand basins through a suitable mixing device.

 

j)      Cool rooms or freezers must have a smooth epoxy coated concrete floor, which is to be sloped to the door.  A floor waste connected to the sewer is to be located outside the cool room/freezer.  The floor waste should be provided with a removable basket within a fixed basket arrestor and must comply with Sydney Water requirements.

 

k)     All cool rooms and freezers must be able to be opened from the inside without a key and fitted with an alarm (bell) that can only be operated from within the cool room/freezer.

 

l)      Any space or gap between the top of any cool room or freezer and the ceiling must be fully enclosed and kept insect and pest proof (e.g. plasterboard partition with gaps sealed).

 

30.     A numerically scaled indicating thermometer or recording thermometer, accurate to the nearest degree Celsius being provided to refrigerators, cool rooms, other cooling appliances and bain-maries or other heated food storage/display appliances.  The thermometer is to be located so as to be read easily from the outside of the appliance.

 

A digital probe type thermometer must also be readily available to check the temperature of food items.