Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 12 June 2012

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                                12 June 2012

 

 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 12 June 2012 at 6pm.

 

 

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

 

Quorum:                           Eight (8) members

 

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 8 May 2012

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application Reports (record of voting required)

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

D48/12      10/311-313 Maroubra Road, Maroubra (DA/55/2012) Deferred

D49/12      45 Victoria Street, Malabar (DA/666/2011) Deferred

D50/12      417-439R Bunnerong Road, Maroubra (DA/184/2012)

D51/12      44 Wride Street, Maroubra (DA/229/2012)

D52/12      225 Boyce Road, Maroubra (DA/97/2012)

D53/12      225 Boyce Road, Maroubra (DA/293/2010/B)

D54/12      2 Kensington Road, Kensington (DA/955/2011)

D55/12      5 Warburton Street, Chifley (DA/69/2012)

D56/12      10 - 20 Anzac Parade, Kensington (DA/161/2011/A)

D57/12      32-34 Grosvenor St, Kensington (DA/618/2011/A)

D58/12      14 Eastbourne Avenue, Clovelly (DA/469/2011/A)

D59/12      48A Dolphin Street, Coogee (DA/458/2011/A)

D60/12      Unit 2/192 Beach Street, Coogee (DA/194/2012)

D61/12      8 Simeon Street, Clovelly (DA/794/2011)

D62/12      36 Dampier Street, Chifley (DA/937/2011/A)

D63/12      83 Bream Street, Coogee (DA/809/2010/A)

D64/12      102 Austral Street, Malabar (DA/102/2012)

D65/12      483-485 Bunnerong Road, Matraville (DA/732/2010/A)

Miscellaneous Report (record of voting NOT required)

M4/12       Proposed Listing of La Perouse Mission Church on the State Heritage Register    

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                                12 June 2012

 

 

Development Application Report No. D48/12

 

 

Subject:                  10/311-313 Maroubra Road, Maroubra (DA/55/2012)

Folder No:                   DA/55/2012

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

The application was reported to Council at its Planning Committee Meeting held on 10 April 2012. At the meeting it was resolved:

 

“(Andrews/Matthews) that this matter be deferred for mediation, to allow the applicant to submit amended plans if required for a privacy screen and to allow the applicant the opportunity to address Council.”

 

Issues

 

A mediation session was held on 25 May 2012. During the mediation session the main concerns raised by the objectors were the location and height of the proposal partial roof cover in relation to its privacy impacts.

 

The objectors also raised concerns with the unauthorised removal of the planter boxes and the recent erection of a privacy screen. These matters are being investigated by Council’s Regulatory section.

 

The applicant would not agree to relocate the structure but indicated that they would be prepared to reduce its height and install a privacy screen.

 

Ultimately there was no agreement reached between the parties.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

As there was no agreement at the mediation, the application is referred to Council for determination in its current form.

 

Recommendation

 

That Council, as the consent authority, refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application No. DA/55/2012 Unit 10 - construction of new awning over part of the terrace area at 10/311-313 Maroubra Road, Maroubra, for the following reasons:

1.       The proposal is inconsistent with the aims of RLEP 1998 and the specific objectives of the 2C zone in that the proposed activity and built form will not maintain enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality. The proposal will result in increased opportunities to overlook private open spaces due to the removal of the approved planter boxes and increase the bulk and scale of the development from outside the site.

 

2.       The proposed location of the roof cover (awning) on the southern end of the roof terrace would result in increased opportunities for the occupants of the roof terrace to view into the private open spaces of the dwellings to the south due to the removal of the approved planter boxes. This is undesirable and is contrary to the relevant stated objective of Part 4.2 of the Development Control Plan Multi Unit Housing which states that development should “Respect the existing level of privacy of adjoining and nearby properties.” Further, the proposal in its current form does not satisfy the stated Performance Requirement P1 for visual privacy as the area of roof top which will be roofed would be positioned to directly overlook the private open spaces of the adjacent dwellings.

 

3.       The proposal would not satisfy two of the three stated objectives for Part 3.2 of the Development Control Plan which state that the height of a development is to-

 

“Minimise the impact of development on adjoining and nearby land; and to

Control the bulk and scale of development.”

 

4.       Further, the proposal in its current form, with the awning located on the southern edge of the roof top, does not comply with the relevant stated objectives for height and performance requirement P2 as the bulk of the building (awning structure) has not been positioned  to minimise the impacts onto the adjoining properties.

 

Attachment/s:

 

1.View

Planning Committee Meeting Report on 10 April 2012

 

 

 

 


Planning Committee Meeting Report on 10 April 2012

Attachment 1

 

 

 

Development Application Report No. D27/12

 

 

Subject:                  10/311-313 Maroubra Road, Maroubra (DA/55/2012)

Folder No:                   DA/55/2012

Author:                   GAT & Associates , Pty Ltd     

 

Proposal:                     Unit 10 - Construction of new awning over part of the terrace area

Ward:                      Central Ward

Applicant:                Ms K Lymbery

Owner:                         The Owners - Strata Plan No. 64375

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The application is reported to Council as the applicant is related to a Council employee.

 

This proposal relates to the erection of a partial roof cover (awning structure) of an existing roof top terrace. This area of the roof top is part of the strata plan which is attached to Unit 10 at 311-313 Maroubra Road, Maroubra. At present the subject rooftop area is used as an open terrace but has no structures on it other than the balustrade. The site has been inspected and the loss of privacy and increase in the bulk of the building in relation to the dwellings to the south were discussed with the owner/applicant. At this onsite meeting the owner/applicant raised a number of constraints to the positioning of the awning such as the need to anchor the awning into the balustrade rather than the floor due to water proofing problems and wanting to have the awning positioned away from a vent. They also argued that there would be no difference to the use of the terrace as it already exists. However, when constructed, the design of this development took into account the potential overlooking of the neighbours to the south by the erection of planter boxes along the southern most edge of the roof top terrace. These planters have now been removed and as such it is not considered to be reasonable to erect the awning over this area as the planter boxes were designed to prevent overlooking of adjoining properties.

 

While it is appreciated that there are constraints to the positioning of an awning structure this does not outweigh the necessity to address potential amenity impacts. The increased bulk has not been addressed and the application is therefore recommended for refusal. It is noted that the issue with this application is the proposed location of the structure on the southern edge of the building, which is sited in an area where there are opportunities for overlooking of several private open spaces due to the removal of the planter boxes and be visible from all of these spaces.

 

The application is recommended for refusal.

 

2.    The Proposal

 

The proposal is for the erection of an awning over an existing roof top terrace of Unit 10, 311-313 Maroubra Road, Maroubra. The awning is 4.910 metres in length and is the width of the roof terrace at 6.390 metres. The total area of the awning is 34.51 square metres. It is 2.878 metres in height, at its highest point. The awning is proposed to be located at the southern most end of the rooftop terrace, which is currently an open, uncovered area of 112.40 square metres. A spiral staircase which is located in the south western corner of the building connects Unit 10 to this outdoor terrace area. The total area of the unit is 133.86 square metres. The purpose of the awning is to make the roof terrace more usable. It will provide shelter from sun and possibly wind (with the use of outdoor cafe blinds which are not part of this application but which would not require consent).

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the southern side of Maroubra Road between Flowers Street and Mons Avenue. This section of Maroubra Road is developed with residential flat buildings. To the south of the site are single detached dwellings which front Haig Avenue. All of these properties have their areas of private open space to the rear.

 

Figure 1: The subject site and surrounding area

 

4.    Site History

 

DA/617/1997       Approved - 3 Storey residential flat building (10 units) & semi basement parking for 12 cars.

 

5.    Community Consultation

 

5.1 Objections

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification. As a result of this notification, one submission was received.

 

70 Haig Street, Maroubra

Issue

Comment

Visual intrusion and excessive height

Agreed that the proposed awning will increase the height of the building when viewed from the rear.

Noise Impact from the covered roof terrace

Agreed, given the proposed location of the awning and the removal of the planter boxes from the edge of the terrace at the southern end of the building.

Increased invasion of privacy and suggestion for the proposed waning to be moved to the northern end of the terrace.

Agreed, given the proposed location at the southern end of the terrace. The relocation of the awning at the other end of the terrace, while slightly less inconvenient for the occupants of Unit 10 will resolve any proximity issues to the single detached dwellings to the rear as is considered to be a reasonable solution.

 

5.2 Support

No support was received

 

6.    Technical Officers Comments

 

Technical comments are not required for this application.

7.    Master Planning Requirements

 

A Master Plan is not relevant to this application.

 

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998

The site is zoned Residential 2(c) under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

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

The proposal in its current form is inconsistent with the aims of RLEP 1998 and the specific objectives of the 2 C zone in that the proposed built form will not maintain the desirable attributes of the established residential area or protect the amenity of existing residents. However, if the awning was moved to the northern end of the roof terrace as suggested to the applicant, then the proposal would comply.

 

8.1 Policy Controls

 

a.      Development Control Plan No. Development Control Plan Multi-unit Housing.

 

Privacy

One of the two stated objectives of part 4.2 of the Development Control Plan is to

 

“Respect the existing level of privacy of adjoining and nearby properties.”

 

Comments: When constructed, the design of this development took into account the potential overlooking of the neighbours to the south by the erection of planter boxes along the southern most edge of the roof top terrace.  These planters have now been removed and as such it is not considered to be reasonable to erect the awning over this area.

 

The proposal in its current form does not satisfy the stated objective of privacy or the Performance Requirement P1 for visual privacy.

 

Height

Two of the three stated objectives for Part 3.2 of the Development Control Plan include to-

 

“Minimise the impact of development on adjoining and nearby land; and to

 

Control the bulk and scale of development.”

 

Comments: Building height is one of the major factors in relation to the loss of privacy to adjoining properties; particularly where a development adjoins the rear yards of adjacent dwellings. The proposal would result in the 3 metre high structure being positioned at the southern end of the terrace which would add 3 metres to the height of the building when viewed from the private open spaces of the adjoining properties in Haig Avenue. While the proposal currently before Council is an open structure, there would be the potential to semi enclose the structure at a later date which would increase the bulk and scale of this development to its neighbours to the south.

 

In this case, it is considered that the proposal in its current form, with the awning located on the southern edge of the roof top, does not comply with the relevant stated objectives for height and performance requirement P2 as the bulk of the building (awning structure) has not been positioned  to minimise the impacts onto the adjoining properties.

 

8.2 Council Policies

There are no specific policies which affect this proposal.

 

9.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

The proposal is inconsistent with the aims of RLEP 1998 and the specific objectives of the 2C zone in that the proposed activity and built form will not maintain 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

The proposal is inconsistent with the provisions of the Draft LEP 2012.

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

The proposal generally in its current form does not satisfy the performance requirements in the DCP Multi unit housing 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 inconsistent with the dominant residential character in the locality.

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

The site is not considered suitable for the proposed development in its current form.

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 does not promote the objectives of the zone and will result in any significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is not considered to be in the public interest.

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

This is an application for a partial roof cover of an existing roof top terrace of a residential flat building at 311-313 Maroubra Road, Maroubra.

 

The site has been inspected with the owner/applicant and a number of issues were discussed including the potential loss of privacy to the private open spaces of the adjoining properties to the south (single detached dwellings which front Haig Avenue), due to the removal of the approved planter boxes and increase in the bulk of the development and the constraints of the roof top area. These were all taken into consideration. In particular the constraints of the terrace were considered, however these constraints do not outweigh the amenity impacts that the proposal would result in if approved on the southern edge of the roof top over an area where planter boxes were originally placed to restrict overshadowing. A letter was sent to the applicant to this affect and an opportunity was given to amend the proposal.

 

Amended plans were received, however these did not alter the location of the structure. For the reasons as outlined in this report and in the letter to the owner/ applicant the proposal, in its current form, is recommended for refusal.

 

Recommendation

 

That Council, as the consent authority, refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application No. DA/55/2012 Unit 10 - construction of new awning over part of the terrace area at 10/311-313 Maroubra Road, Maroubra, for the following reasons:

 

1.       The proposal is inconsistent with the aims of RLEP 1998 and the specific objectives of the 2C zone in that the proposed activity and built form will not maintain enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality. The proposal will result in increased opportunities to overlook private open spaces due to the removal of the approved planter boxes and increase the bulk and scale of the development from outside the site.

 

2.       The proposed location of the roof cover (awning) on the southern end of the roof terrace would result in increased opportunities for the occupants of the roof terrace to view into the private open spaces of the dwellings to the south due to the removal of the approved planter boxes. This is undesirable and is contrary to the relevant stated objective of Part 4.2 of the Development Control Plan Multi Unit Housing which states that development should “Respect the existing level of privacy of adjoining and nearby properties.” Further, the proposal in its current form does not satisfy the stated Performance Requirement P1 for visual privacy as the area of roof top which will be roofed would be positioned to directly overlook the private open spaces of the adjacent dwellings.

 

3.       The proposal would not satisfy two of the three stated objectives for Part 3.2 of the Development Control Plan which state that the height of a development is to-

 

“Minimise the impact of development on adjoining and nearby land; and

                                  to

Control the bulk and scale of development.”

 

4.       Further, the proposal in its current form, with the awning located on the southern edge of the roof top, does not comply with the relevant stated objectives for height and performance requirement P2 as the bulk of the building (awning structure) has not been positioned  to minimise the impacts onto the adjoining properties.

 

 

Attachment/s:

 

Nil

 


Planning Committee                                                                                                12 June 2012

 

 

Development Application Report No. D49/12

 

 

Subject:                  45 Victoria Street, Malabar (DA/666/2011)

Folder No:                   DA/666/2011

Author:                   Scott Williamson, Development Assessment Officer     

 

Introduction

 

The application proposes demolition of existing structures and construction of a part two (2), part three (3) storey detached dwelling with double garage, swimming pool at the rear, landscaping and associated works.

 

The application was reported to Council at the Ordinary Council Meeting of 13 March 2012. At the meeting it was resolved:

 

“(Belleli/Hughes) this application be deferred to allow for mediation between the applicant and objectors and to allow for further onsite visits by any interested Councillors.”

 

Through mediation, stakeholders agreed to the installation of height poles to the rear of the site, in order to ascertain the extent of view loss to those properties located to the north-west of 45 Victoria Street. The height poles were erected between Friday 11 May and Wednesday 16 May 2012. Council Officers viewed the height poles on Wednesday 16 May 2012.

 

A view loss assessment within Section 7.1 of the report to Council on 13 March 2012, was undertaken in accordance with the planning principle established by Roseth SC pp25-29 Tenacity Consulting v Warringah [2004] NSWLEC 140. The height poles serve to confirm the view impact to sites to the north-west established within Section 7.1 of the report, attached.

 

The application is recommended for approval, subject to conditions.

 

Issues

 

Original view loss assessment to DA/666/2011:

A view loss assessment was conducted within the assessment of the application originally put before Council on 13 May 2012. The view loss assessment was conducted in accordance with the planning principle established by Roseth SC pp25-29 Tenacity Consulting v Warringah [2004] NSWLEC 140 and addressed the objections received from sites to the south-west and north-west of the proposed development. The context of these sites is illustrated in Figures 1 and 2, below. The subject view loss assessment is contained within Section 7.1 of the attached report.

 

Figures 1 & 2: Context of the site, with objectors sites identified in pink, subject site highlighted red.

 

Council resolved at the meeting of 13 March 2012 to defer decision of the application, subject to mediation between stakeholders. Through mediation, stakeholders agreed to the installation of height poles to the rear of the site, in order to ascertain the extent of view loss to those properties to the north-west of 45 Victoria Street. The height poles were erected between Friday 11 May and Wednesday 16 May 2012, representing the rear extent of the north-west elevation, shown below:

 

Figure 3: Proposed north-west elevation, with detail of the height pole study included.

 

The height poles were constructed to reflect the proposal inclusive of the proposed Condition 2a, requiring a further 600mm setback to the upper floor addition from that shown in Figure 3, above. The following photographs were taken of the subject height poles from 41 Victoria Street and 39 Victoria Street:

 

   

Figure 4: Views from rear balcony of 41 Victoria Street. Taken from standing position, against the rear wall.

Figure 5: Views from the rear balcony of 41 Victoria Street. Taken from standing position, against the balustrade.

 

   

Figure 6: Views from the rear living area of 41 Victoria Street. Taken from standing position.

Figure 7: Views from the rear balcony of 39 Victoria Street. 41 Victoria Street is shown in the foreground, with height poles visible through the balcony.

 

Having viewed the height poles from both the above sites, the view loss impact established within Section 7.1 of the original assessment is confirmed. Given this, the application is again supported by this assessment, subject to the application of recommended conditions.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4          Excellence in urban design and development.

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

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

The design will be sympathetic to the character of Victoria Street and the surrounding locality. The proportions, massing, colours, materials and finishes proposed are considered to be satisfactory. The development scheme is considered to be acceptable in regards to the amenity of surrounding properties, specifically in relation view sharing, bulk and scale, solar access and privacy.

 

The application is therefore 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/666/2011 for the demolition of existing structures and construction of a part two (2), part three (3) storey detached dwelling with double garage, swimming pool at rear, landscaping and associated works, at No.45 Victoria Street, Malabar, subject to the following conditions:

                                             

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Rev.

Drawn by

Received by Council

Drawing # 01, Lower Ground Floor & Ground Floor Plan.

B

C. M. Hairis Architects

28 October 2011

Drawing # 02, First Floor and Site Plan.

B

C. M. Hairis Architects

28 October 2011

Drawing # 03, West, North and East Elevations.

B

C. M. Hairis Architects

28 October 2011

Drawing # 04, South Elevation and Section A-A.

B

C. M. Hairis Architects

28 October 2011

 

BASIX Certificate

No.

Dated

Received by Council

Single Dwelling

393335S

31 August 2011

1 September 2011

 

Amendment of Plans & Documentation

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

 

a.     The rear wall of the first floor shall be setback a further 600mm from that shown on the above approved plans, as indicated in red.

 

b.     The following privacy measures shall be incorporated into the development;

 

 

North-west elevation:

§  Obscuring measures to openings shall be implemented in accordance with the detail on the approved plans.

§  The large window immediately adjacent to the foyer shall be obscured to a minimum height of 1500mm above finished floor level at ground and first floor levels. At the preference of the applicant, louvres or opaque/frosted glass may be used.

§  The privacy screen to the ground floor balcony shall be deleted in the interest of view sharing to north-western neighbours.

 

Further to the above measures, where louvres are used for obscuring treatment, a minimum of 75% of the required obscured area shall remain obstructed at all times through spacing and fixing of the louvres.

 

South-east elevation:

§  Obscuring measures to openings shall be implemented in accordance with the detail on the approved plans.

§  The small ground floor dining window shall be obscured to a height of 1500mm above finished floor level. At the preference of the applicant, louvres or opaque/frosted glass may be used.

§  The first floor windows to bedrooms identified as 2, 3 and 4 shall be obscured to a minimum height of one (1) metre above finished floor level. At the preference of the applicant, louvres or opaque/frosted glass may be used.

 

Further to the above measures, where louvers are used for obscuring treatment, a minimum of 75% of the required obscured area shall remain obstructed at all times through spacing and fixing of the louvres.

 

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 consistent with the approved drawings and the ‘External Finishes Board’ submitted with the application and received by Council on 1 September 2011.

 

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 $973,463, the following applicable monetary levy must be paid to Council: $9734.00.

 

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·           $1000.00    -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Design Alignment levels

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

 

Victoria Street Frontage:

 

Driveway Entrance – Northwestern Edge – 250mm above the Council kerb level opposite the Northwestern edge of the driveway opening

 

Southeastern Edge – 400mm above the Council kerb level opposite the Southeastern edge of the driveway opening.

 

Pedestrian Entrance - 350mm above the Council kerb level opposite the pedestrian gate entrance.

 

Dacre Lane Frontage –100mm above the edge of the asphalt road at all points opposite the edge of roadway in Dacre Lane.

 

The design alignment levels at the property boundary as issued by Council and their relationship to the roadway/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.

 

Note: The proposed levels, at the site frontages, shown on the submitted DA plans will have to be amended to show the levels issued above.

 

      Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0923.

9.       The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $463.00 calculated at $46.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

The height of the building must not be increased to satisfy the required driveway gradients.

         

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.

 

Stormwater Drainage

13.     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.

 

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

 

NOTES:

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

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

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

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

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

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

 

b.       The infiltration/rubble pit shall:-

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

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

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

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

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

 

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

 

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

 

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

 

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

15.     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

16.     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.

 

Driveway Design

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

 

BASIX Requirements

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

 

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

 

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

 

Energy & Water Efficiency

19.     The following energy efficiency and water saving measures are to be implemented in all new and upgraded building work and details included in the construction certificate:

 

a)       The consumption of water shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets.

 

b)       New external timber or metal framed and brick veneer walls and roofs are to be provided with insulation (i.e. bulk insulation and a reflective building membrane/reflective sarking/foil insulation), having a minimum total thermal resistance R–value of 3.0 in roofs and 1.5 in external walls.  The insulation and reflective building membrane is to be installed in accordance with the relevant requirements of the Building Code of Australia and the manufacturers details.

 

c)       New hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

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.

 

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

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Temporary Site Fencing

24.     Temporary site safety fencing must be provided to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  Temporary site fences are to have a 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

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

 

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

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          provisions for temporary sanitary facilities;

·          location and size of waste containers/bulk bins;

·          details of proposed sediment and erosion control measures;

·          provisions for temporary stormwater drainage;

·          construction noise and vibration management;

·          construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

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

·          Details of hazardous materials (including asbestos)

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

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

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

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

·          Other relevant details, measures and requirements to be implemented

·          Details of re-use, recycling and disposal of waste demolition/building materials

·          Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

Demolition & Construction Waste

27.     A Demolition and Construction Waste Management Plan (WMP) must be development and implemented for the development, 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, maintenance practices (hedging, shaping etc), as well as any other landscape details to describe the proposed works;

 

b)   A predominance of species with low water requirements that can withstand poor quality sandy soils;

 

c)   A total number of 2 x 25 litre (pot size at the time of planting) trees within the site, comprising one each within the front and rear portions of the site, selecting those species which will attain a minimum height of between 4-7 metres at maturity;

 

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.     The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment, Climate Change & 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.

 

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 are to be included in the Construction Site Management Plan.

 

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.

 

Building Encroachments

40.     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

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

 

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

 

Tree Management

42.     Approval is granted for 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.

 

43.     Permission is granted for the minimal and selective pruning of only those overhanging branches from the tree/s located on the adjoining property/ies.

 

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

 

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

 

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

44.     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

45.     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

46.     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 the issue of an occupation certificate.

 

Swimming Pool Safety

47.     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.

 

Spa Pool Safety

48.     Spa pools are to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

 

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

49.     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 – 2003:  Swimming Pool Safety – Water Recirculation and Filtration Systems; and

 

d)     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

Notification of Swimming Pools & Spa Pools

50.     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

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

a)  Construct concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

b)  Regrade and returf the Council’s nature strip along the sites Victoria Street frontage to meet Council’s issued driveway and gate entrance levels.

 

52.     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.

 

53.     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.

 

54.     The naturestrip upon Council's footway shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

Stormwater Drainage

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

 

 

OPERATIONAL CONDITIONS

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

 

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

 

Use of premises

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

 

External Lighting

57.     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.

 

Waste Management

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

 

Street Numbering

59.     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.

 

 

 

Protection of the Environment Operations Act 1997 – Swimming Pools & Spa Pools

60.     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

61.     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

62.     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

63.     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

64.     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

65.     The installation of rainwater tanks shall comply with the following noise control requirements:-

 

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

 

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

 

b)     Plant and equipment associated with rainwater tanks are to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

c)     The operation of plant and equipment associated with rainwater tanks are to be restricted to the following hours if the noise emitted can be heard within a habitable room in any other residential premises:

 

·       before 8.00am or after 8.00pm on weekends or public holiday; or

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

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

 

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

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

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

 

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

A4      Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

A5      A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

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

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

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

Attachment/s:

 

1.View

Report for 45 Victoria Street, Malabar on 13/3/2012

 

 

 

 


Report for 45 Victoria Street, Malabar on 13/3/2012

Attachment 1

 

 

 

Director City Planning Report No. CP16/12

 

 

Subject:                  45 Victoria Street, Malabar (DA/666/2011)

Folder No:                   DA/666/2011

Author:                   Scott Williamson, Development Assessment Officer     

 

Proposal:                     Demolition of existing structures and construction of a part two (2), part three (3) storey detached dwelling with double garage, swimming pool at rear, landscaping and associated works

Ward:                      South Ward

Applicant:                C M Hairis Architects

Owner:                         Mr M T McCleery and Mrs L C McCleery

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

 

1.    Executive Summary

 

The development application is referred to Council at the request of Councillors Nash, Belleli and Matson.

 

The site is on the north-eastern side of Victoria Street, Malabar, between Ireton and Raglan Streets. The site has a primary frontage to Victoria Street, with secondary frontage to Dacre Lane, at the rear. The surrounding area is low density residential consisting predominantly of large free-standing dwellings.

 

The application proposes demolition of existing structures and construction of a part two (2), part three (3) storey detached dwelling with double garage, swimming pool at the rear, landscaping and associated works.

 

The applicant submitted amended plans on 28 October 2011, showing a reduction in the proposed rear first floor setback. A meeting was held with Council Officers on 7 November 2011, where the applicant agreed that in the instance approval was recommended, a condition would be applied to further reduce the upper floor setback of the development. This setback reduction is recommended to maximise view sharing to north-western neighbours. The application is assessed on the basis of the amendments on 28 October 2011.

 

The proposal is permissible with development consent in the Residential 2A zone as a dwelling house. The proposal is compatible with the prevailing character of the area and has acceptable impacts on the amenity of existing residents. The proposal satisfies the objectives of the zone and the relevant objectives and performance requirements of the Dwelling Houses and Attached Dual Occupancies DCP.

 

The application is recommended for approval, subject to conditions.

 

2.    The Proposal

 

The application as lodged, proposes the demolition of the existing single storey residential dwelling and construction of a part two (2), part three (3) storey dwelling.

 

The proposal was amended on 28 October 2011 at the request of Council. Further to these amendments a meeting was held with the applicant and Council officers on 7 November 2011. During this process the upper floor setback to the rear elevation was agreed to be further reduced, as detailed within this report.

 

The following assessment is based upon this most recent amendment to the plans. The application as amended outlines the following:

 

Lower ground floor level

At lower ground floor level, the application proposes a rumpus room at the rear of the building, with guest bedroom and bathroom. A water tank servicing the development is located within the sub-floor area.

 

Ground floor level

At ground floor level, the application proposes a floor plate containing open plan kitchen, dining and living area within the rear component of the dwelling, with balcony of approximately 24 square metres overlooking the rear private open space. The front component comprises laundry and study spaces, bathroom, entry foyer and double garage.

 

First floor level

The proposed first floor is shown to comprise a master bedroom with ensuite, walk-in- wardrobe and balcony of approximately 5.2 square metres overlooking the rear private open space. Also within the first floor of the building are three (3) additional bedrooms, bathroom and shower. A balcony is also detailed to one (1) of the bedrooms overlooking the Victoria Street frontage, measuring approximately eight (8) square meters.

 

External works

Landscaping works are detailed across the site, particularly to the front and rear of the proposed dwelling. An in-ground swimming pool is proposed within the existing rear open space, toward the north-west side boundary.

 

       

Figure 1: The site, as viewed from Victoria Street.

Figure 2: The subject site as viewed from the rear open space.

 

3.    The Subject Site and Surrounding Area

 

The site is on the north-eastern side of Victoria Street, Malabar, between Ireton and Raglan Streets. The site has an area of 475.5 square metres with a primary frontage of 10.58 metres to Victoria Street and a secondary frontage of 10.58 metres to Dacre Lane, at the rear. The topography of the site falls approximately seven (7) metres from Victoria Street to Dacre Lane at the rear. The site falls in two (2) directions, to both the north and east.

 

A part one (1) part (2) storey single dwelling is contained within the site. Surrounding development is low density residential, consisting predominantly of large free-standing dwellings.

 

4.    Application History

 

·      28 October 2011- In response to concerns raised by Council and during the submission period, the applicant submitted amended plans reducing the rear first floor setback by 1200mm.

·      7 November 2011- A meeting was held with the applicant and Council officers. The applicant agreed to further reduce the extent of the upper floor by approximately 600mm in the interest of view sharing.

 

5.    Community Consultation

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification. Six (6) submissions were received at the conclusion of the public consultation process, from the following sites:

 

·      37 Victoria Street, Malabar;

·      38 Victoria Street, Malabar;

·      39 Victoria Street, Malabar;

·      40 Victoria Street, Malabar;

·      41 Victoria Street, Malabar, (two (2) submissions received);

·      43 Victoria Street, Malabar.

 

The issues raised in the above submissions are summarised as follows:

 

Issue

Comment

Built form:

·      Floor Area:

67 square metre variation of FSR is unacceptable.

 

·      Height, form and materials:

External wall height is incorrect in SEE- wall height should not exceed DCP.

Suggest building is stepped down the block.

Request amendment to height and roof form to minimise view loss.

 

·      Building setbacks:

Side setbacks on boundary to 43 Victoria are 1m across all 3 levels, varying DCP.

Setbacks are inappropriate

Departure from established rear building alignment

 

·      Foreshore development:

Building should be more sympathetic to landscape.

 

Numerical aspects of the proposal against the objectives and performance requirements of the DCP, are further discussed where relevant in Section 7 of this report.

The overall built form has been found to be acceptable with regards to the site, surrounding development and the objectives and performance requirements of the DCP. The development will not pose a detrimental impact upon the foreshore scenic protection area or the immediate locality, subject to the application of recommended conditions.

View loss:

Significant loss of water and headland views

Non compliances directly result in view loss.

Better design could result in lesser view impact

No attempt to view share

Proposal must fail against the principle on the basis of iconic view obstruction.

 

The setback to the rear, upper floor of the development has been reduced through the assessment process and is recommended for further reduction in the interest of view sharing.

The issue of view sharing is assessed within Section 7.1 of this report against the planning principle established by Roseth SC pp25-29 Tenacity Consulting v Warringah [2004] NSWLEC 140. When assessed against the principle, the proposal is considered to be satisfactory in regards to view sharing.

Parking:

Driveway measures 5.6 m at gutter, in excess of DCP and will reduce parking.

Garage should be provided to rear lane.

Garage will dominate streetscape

 

The driveway as amended, is proposed to have a four (4) metre width at the boundary.

 

Driveway, garage and parking issues are discussed further in Section 7 of this report.

 

Privacy:

Upper floor balcony will enable overlooking of indoor and outdoor living areas.

Privacy concerns from balconies.

 

The potential for overlooking from balconies is acknowledged and is common to balconies of dwellings on this side of Victoria Street, given the falling topography at the rear. 

Privacy screens to the balconies will directly obscure views to north-western neighbours. Therefore, in the interest of maximising view sharing, privacy screens have been recommended for removal.

Overlooking and view sharing are discussed in Section 7 of this report, below.

Other:

Overdevelopment of the site will set precedent for future development to exceed, in effort to recapture views.

Request height poles be installed on site.

 

·   The proposed development is not considered to constitute overdevelopment. Any future proposal on neighbouring sites will need to demonstrate consistency with the objectives and performance requirements of the DCP.

·   The assessing officer has visited the subject site and viewed three (3) of the objecting sites, determining that while view loss would occur, height poles to confirm this are not necessary.

 

Following amendments and a subsequent meeting with the applicant, the upper floor setback of the proposal was reduced 1800mm to cater to view loss concern. This amendment was not required to be renotified, however, where enquiries were received the amended plans were informally made available for comment. The following submission was received in response:

 

41 Victoria Street, Submission No. 2

 

Issue

Comment

o   The proposal needs a further degree of stepping to be incorporated; the amendments do little to nothing to retain views.

The subject views are obtained over side boundaries and thus are difficult to protect, as discussed in Section 7.1 of this report. The amended proposal is considered to respond appropriately to view sharing with the reduction of the upper floor setback, in conjunction with the application of recommended conditions further reducing this setback.

 

6.    Relevant Environmental Planning Instruments

 

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

SEPP: BASIX applies to the proposed development. The development application is accompanied by a BASIX Certificate. The commitments listed in the Certificate will be imposed through appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

6.2      Randwick Local Environmental Plan 1998

The following Clauses of the Randwick LEP 1998 apply to the proposal:-

 

Clause 10: Zone No. 2A (Residential A Zone)

The site is located within the Residential 2A Zone and the proposed development is permissible with consent. The proposal satisfies the general aims of the LEP and the specific objectives of the 2A Zone in that the development is compatible with the desired residential character of the locality.

 

Clause 29: Foreshore Scenic Protection

The site is located within the Foreshore Scenic Protection Area. Dwellings in the surrounding area exhibit a mix of architectural styles and utilize various materials. The proposed design of the dwelling (including materials and finishes) is considered to be compatible with surrounding development. The design scheme will not adversely affect the aesthetic quality of the foreshore area.

 

6.3      Dwelling Houses and Attached Dual Occupancies DCP

The proposed development has been assessed against the Dwelling Houses and Attached Dual Occupancies DCP. In order to gain Council approval, proposed developments must demonstrate that they have fulfilled the relevant objectives for each topic. The performance requirements of the DCP provide the means by which a development will achieve the objectives for each topic. Preferred Solutions are ‘deemed to comply’ standards, not compulsory standards, illustrating how a development may achieve the performance requirement. 

 

The application has been assessed against, and is consistent with, the objectives and performance requirements of the DCP. The development will not result in significant impacts upon either the amenity of the adjoining premises or the character of the locality. The issues elaborated upon within Section 7 have been raised as concerns during the assessment of the application or where the ‘deemed to satisfy’ provisions have not been met.

 

7.        Key Issues and Areas of Non Compliance:

 

7.1 View Loss

As outlined above, through the notification of the application six (6) objections were received. All six (6) raised issues in relation to view loss due to the proposed development. These concerns originated from properties on both sides of Victoria Street, both to the south-west and north-west of the subject site, as illustrated in figures 3 and 4, below.

 

Figures 3 & 4: Context of the site, with objectors sites identified in pink, subject site highlighted red.

Four (4) dwellings located to the north-west of the site currently enjoy views over their south-east side boundaries and adjoining private open spaces. Two (2) dwellings to the south-west across Victoria Street enjoy views over the subject single storey dwelling at 45 Victoria Street.

View sharing is considered in accordance with the planning principle established by Roseth SC pp25-29 Tenacity Consulting v Warringah [2004] NSWLEC 140, as below.

The assessing officer visited sites at 38, 41 and 43 Victoria Street for the purpose of view loss assessment. All photographs were taken at standing eye height from affected living rooms and balconies.

 

Principles 1 and 2: Assess views to be affected, and consider from what part of the property views are obtained

Opposite side of Victoria Street (38 & 40 Victoria Street)

Views are obtained over the subject site from properties to the south-west, across Victoria Street. These views are predominantly of Malabar Headland, Maroubra Bay and beyond to the horizon, obtained from living areas, bedrooms and balconies at both ground and first floor level. Malabar Headland is located approximately one (1) kilometre from these sites, while Maroubra Bay and it’s interface with Malabar Headland is in excess of two (2) kilometres away. The subject views are achieved over an aging, single storey development on the site. These sites retain views to the east, consisting of headland and ocean-sea interfaces.

Western neighbours (37, 39, 41, 43 Victoria Street)

The affected sites to the north-west of the subject site, all achieve side views over their south-eastern boundaries, where a consistent rear setback to buildings has been established, shown in blue in the figure below. Consequently, the rear open space of the subject site acts as a view corridor to these neighbours to the north-west. The views obtained from these sites consist predominantly of the interface between Boora Point and Long Bay, with the interface between Buchan Point and Long Bay also achieved to some sites. Views are achieved from upper floor living areas and balconies, in both standing and sitting positions.

The assessing officer visited the properties of objectors at 38, 41 and 43 Victoria Street and took various photographs of the existing views at standing eye height from living rooms, bedrooms and balconies.

Principle 3: Assess the extent of the impact

Sites on the opposite side of Victoria Street (To the south-west)

45 Victoria St.

 

45 Victoria St.

 

43 Victoria St.

 
   

38 Victoria Street, Ground floor living area and balcony, Standing position: Minor view loss

The site at 45 Victoria Street is identified in the figure above. The proposed development will achieve a maximum height of 260mm above that of the ridge to the existing dwelling and 1080mm below the ridge of 43 Victoria Street. The proposed first floor will obstruct views of Malabar Headland currently obtained on either side of the existing roof form of 45 Victoria Street. Some headland- water interface views are retained to these sites, located to the right of frame, beyond 47 Victoria Street. 

47 Victoria St.

 

45 Victoria St.

 

47 Victoria St.

 
   

38 Victoria Street, Upper Floor Bedrooms:

38 Victoria Street, Upper floor bedrooms, Standing position: Negligible view loss

The site at 45 Victoria Street is identified in the photographs above. The proposed development will achieve a maximum height of 260mm above that of the ridge to the existing dwelling and 1080mm below the ridge of 43 Victoria Street. The proposed first floor will obstruct views of Malabar Headland and partially the interface with the horizon. The view is currently obtained on either side of the existing roof form of 45 Victoria Street and partially over the existing ridge. Primary headland-sea interface views are retained to this site, located to the right of frame, beyond 47 Victoria Street, shown in the above photo.

Sites to the north-west of the subject site.       

45 Victoria St.

 

43 Victoria Street: Elevated rear balcony, Standing position: Severe view loss

The proposed development at 45 Victoria Street extends approximately 6.4 metres to the rear and three (3) metres above the existing single storey rear component of 45 Victoria Street, shown above. Consequently, 43 Victoria Street will incur loss of view to headland- sea interfaces and the horizon, shown immediately above the existing roof of 45 Victoria Street, above. The extent of view loss to this site is considered severe. 

45 Victoria St.

 

41 Victoria Street; Upper floor living area, standing position: Minor- moderate view loss

The proposal will obstruct a significant portion of views from the above aspect of the living area. Headland and interface views achieved over the existing dwelling at 45 Victoria Street will be obstructed, primarily to the interface of Buchan Point. Views to the interface of Malabar Headland and the horizon to the left of frame will be partially retained. Due to amendments in rear upper floor setback negotiated during the assessment, an increased portion of horizon views will be retained from this aspect. 

 

41 Victoria Street; Upper floor balcony, Standing position: Minor- moderate view loss

As in the living room aspect discussed above, the proposal will primarily obstruct headland and interface views to Buchan Point. Due to amendments negotiated during the assessment process, a reduction in upper floor setback of the proposal will potentially allow glimpses to Buchan Point from this outlook. Views to the interface of Malabar Headland and the horizon from this aspect will be largely retained.

Principle 4: Assess the reasonableness of the proposal that is causing the impact

Properties to the south-west, across Victoria Street (38 and 40 Victoria Street)

While the proposal presents a side setback variation affecting views to these sites, the overall impact upon views caused by this is minor, given the extent of view these two (2) sites achieve at ground and first floor level. It is reasonable to assume that any two (2) storey development on this site will incite similar view sharing impacts to these sites. The proposal incorporates a low pitched roof and as viewed from the Victoria Street frontage, generally satisfies the objectives and performance requirements of the DCP. The proposal constitutes a building that is within reason when assessed against Council’s planning controls.  

Properties to the north-west (43, 41, 39 and 37 Victoria Street)

The proposed north-west elevation, of which primarily incites view loss to the western properties sees a wall height of 7500mm, 500mm in excess of the preferred solution. This variation is considered minor in accounting for falling topography to the rear of the site, where a large portion of the lower floor is located below ground. The rear first floor setback has been reduced to increase stepping to the built form and improve view sharing, resulting in a proposal considered reasonable in the context of the site. As acknowledged within the second step of the principle, the protection of side views is more difficult, as is the case with these north-west neighbouring sites.

·      43 Victoria Street (Deemed ‘severe’ view loss)

The dwelling sited at 43 Victoria Street is aging and single storey, achieving views over its south-eastern side boundary above a single storey portion of the existing building at 45 Victoria Street. Development to either side of number 43 substantially exceeds the envelope of this building in both extent of rear setback and height. The building is no longer considered representative of the development context within the area, of which has progressively increased around this site. 

The expectation that an aging, single storey development will retain a complete view aspect over its side boundary is considered to be unreasonable. The dwelling will retain views over it’s rear boundary, across to Malabar Headland. The extent to which the proposal obstructs views to this site, while severe, is considered reasonable in the context of ongoing development within the locality.

The view sharing provided under the proposal to the north-western sites is considered reasonable.

Conclusion

Overall, the view impacts from objecting properties to the south-west and north-west is considered inevitable, with the ongoing redevelopment of aging dwellings within Victoria Street and the nature of views obtained over these aging developments. As shown in the above photos, even the existing single storey building currently imposes on views from the objecting properties to the south-west and north-west aspects.

The applicant has reduced the rear upper floor setback of the building to improve view sharing opportunities to the north-western neighbours and incorporated a low roof form in the interest of those to the south-west. The view impacts incurred result from a development which generally satisfies the objectives and performance requirements of the DCP. On balance, the view-sharing that will result from the proposed development is reasonable.

 

7.2      Floor space

Section 4.2 of the DCP outlines the following objectives, performance requirements, and preferred solutions in regards to floor space on the site:

 

§  To ensure developments are not excessive in bulk or scale but are compatible with the existing character of the locality.

 

P1      Building bulk must be compatible with surrounding built forms and must minimise effects of bulk on neighbours, streets and public open space.  

 

The proposal has a FSR of 0.7:1:-

The building bulk is generally consistent with the character of the locality, where a number of developments have been constructed with similar floor space ratios. The building has been appropriately articulated and the distribution of bulk across the site is generally acceptable, following amendments to cater to view loss concerns from neighbouring sites, addressed above. Given the application of recommended conditions, the proposed floor area is considered to impose minimal adverse impacts upon the neighbouring sites, streetscape and open space and therefore, the proposal generally satisfies the relevant objectives and performance requirements of the DCP.

 

7.3 External wall height

Section 4.3 of the DCP further outlines several objectives, performance requirements and preferred solutions for external wall height, specifically as follows:

 

P1       The height of buildings relate to those in the surrounding streetscape, with higher buildings located to minimise impacts on neighbours and the streetscape.

 

P3       The location and design of development relates to the topography of the site, with minimal cut and fill.

 

P6        Buildings are designed to allow sharing of views.

 

S1      The external wall height of a dwelling house attached dual occupancy does not exceed 7m.

 

The submitted plans illustrate the proposed dwelling will achieve a maximum external wall height of approximately nine (9) metres to the south-east side elevation and 7.5 metres to the north-west side elevation.

 

The extent of external wall height achieved is considered largely responsive to the topography of the site, given the fall of the land in two (2) directions, both down to the rear and to the east. The non-compliant aspects of the proposal predominantly exist to the side elevations of the dwelling, where the lower ground floor level becomes increasingly apparent with the fall away of the land to the east.

 

In achieving this wall height, the proposal does not present an out of character or excessively bulky structure to the street. Dwellings in the vicinity achieving external wall heights in excess of the preferred solution to their north-east aspect are not uncommon. Further, the design of the dwelling has been appropriately modulated and articulated in offsetting the wall height variation. Given the above, the proposed external wall height is considered acceptable and is supported by this assessment.

 

7.4 Length of second storey

Section 4.3 of the DCP further outlines several objectives, performance requirements and preferred solutions for the length of second stories, specifically as follows:

 

·      To ensure the height and scale of development relates to the topography with minimal cut and fill.

·      To ensure developments are not excessive in height and scale but are compatible with the existing character of the locality.

·      To ensure buildings preserve privacy and natural light access for neighbouring residents and allow sharing of views.

 

P2       Buildings are designed to enhance the existing desirable built form character of the street by adopting, where relevant, existing characteristics of:

·        Mass and proportion;

·        Materials, patterns, textures and colours;

·        Roof form and pitch;

·        Façade articulation.

 

S4      The length (depth) of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary.

 

The upper floor of the proposed dwelling features an overall length of approximately 20 metres. The proposed development sits on a site of approximately 47 metres in depth. A large amount of private open space is provided to the rear of the site for recreation, planting and deep soil purposes.

 

The building is designed such that the ground and first floor are split into two (2) components, separated by a central staircase. The staircase features an increased setback through which the building is effectively articulated and broken into two (2) sections, offsetting the effect of bulk upon adjoining properties.

 

The length of the upper floor component is not considered to pose a detrimental impact upon immediate neighbours in regards to privacy, solar access or built form. Given the depth of the site, the length of the overall built form is not considered to be unreasonably bulky or out of character in the context of the site. Amendments reducing the length of the upper floor have been incorporated in the interest of maximising view sharing to neighbouring sites.

 

This aspect is not considered to have an unreasonable impact upon adjoining sites or the streetscape and as such is supported by this assessment.

 

7.5 Setbacks

Section 4.4 of the DCP outlines the following provisions in regards to setbacks:

 

·      To integrate new development with the established setbacks of the street and maintain the environmental amenity of the streetscape.

 

P3       Building forms and setbacks allow neighbours adequate access to natural light and a share of views and preserve established tress and vegetation and be generally consistent with the setback of adjoining properties.

 

S3      Side setbacks are no less than:

·      900mm for any part of a building over 1 metre above ground level and up to one level in height.

·      1.5 metres for any part of a building, the height of which is two levels at that point.

 

The proposed setback to the north-western elevation is 1000mm off the north-western boundary, shared with 43 Victoria Street.

 

As detailed above, the proposed setbacks to the building do contribute to some view loss to those sites to the south-west, across Victoria Street. This contribution is small in the context of the total view these sites currently obtain and the loss incurred is not unreasonable with regard to the planning principle established by Roseth SC pp25-29 Tenacity Consulting v Warringah [2004] NSWLEC 140, outlined above in Section 7.1.

 

The subject site has a narrow width of ten (10) metres and has been amended to the rear, reducing overall floor area. The capacity of the site to contain the proposed floor plan within a 1000mm upper floor setback is considered preferable to expanding the envelope at the rear, where greater view loss concerns would be incited to a larger number of properties. As such, the proposed setback is considered to enable the site to effectively meet user requirements, while providing a considerable setback at first floor level. The proposed setback is considered reasonable in the context of the site width, retaining solar access, ventilation and fresh air to the north-western neighbour at 43 Victoria Street.

 

On balance of competing interests, the imposition of a 1500mm setback upon this aspect of the proposal is not considered to present appreciable benefit to neighbouring sites and as such, the proposed setback is considered generally acceptable with regard to the performance requirements of the DCP.

Figure 5: Current view obtained from 38 Victoria Street.

Figure 6: Montage prepared with the proposed development imposed within the view obtained from 38 Victoria Street.

 

7.6 Solar access

Section 3.1 of the DCP outlines the following in regards to overshadowing:

 

·                           To protect solar access enjoyed by neighbours

 

P2       Buildings are sited and designed to maximise solar access to north-facing living areas and areas of open space.

 

P9       The design and siting of new buildings, alterations and additions to existing buildings and landscaping minimises loss of solar access to neighbouring properties. Solar access is to be maximised to the north facing windows of living areas and the principal outdoor recreation space of neighbouring dwellings.

 

Solar access is shown to be reduced to the south-eastern neighbour at 47 and 47a Victoria Street, between 9am and 3pm. The proposal will increase the extent of existing overshadowing to the north-west side elevation of this site. Solar access to outdoor recreation spaces to this site remains generally unchanged.

In regards to the above performance requirements, the neighbouring site at 47 Victoria Street sees primary aspects of solar exposure to both it’s north-eastern and north-western elevations. The north-western side elevation upon which solar access is reduced by the proposed development, is not the primary north facing elevation. As a result of the subdivision pattern, any two (2) storey development on the subject site is considered to impose similar solar access reductions to this neighbour. The reduction in solar access incurred does not arise through bad design and consequently, the proposal is considered acceptable with regard to this section of the DCP.

 

7.7 Visual and acoustic privacy

Section 4.5 of the DCP outlines several objectives, performance requirements and preferred solutions for visual and acoustic privacy, specifically as follows:

 

P1       Overlooking of internal living areas and private open spaces of residential development is minimised through appropriate building layout, location and design of windows and balconies and, where necessary, separation, screening devices and landscaping.

 

S1      Where a direct view is available into the private open space of an existing dwelling, outlook from window, balconies, stairs, landings, terraces and decks is obscured or screened within 9m and beyond a 45-degree angle from the plane of the wall containing the opening.

 

S1      Windows have sill heights of 1.5m or more above floor level or fixed obscure glazing to any part of the window less than 1.5m above floor level.

 

North-west elevation openings

To the north-west elevation, the application proposes six (6) openings of various size, in addition to balconies at ground and first floor levels, as shown in Figure 7, below. A number of these openings detail obscuring treatment through translucent glazing or louvers, of which is recommended to be supported through the application of a condition outlining minimum obscuring treatments.

 

Figure 7: Proposed north-west elevation.

 

Those aspects of further note to privacy and overlooking from this elevation are detailed as follows:

 

·      A window of approximately five (5) metres in height by four (4) metres in width is located adjacent to an entry foyer and is not shown to have any obscuring treatment applied. This window is considered to have significant overlooking potential and is recommended for obscuring to a minimum height of 1500mm above ground and first floor level, in accordance with the provisions of the DCP.

·      A central building window adjacent to a staircase is shown to be two (2) stories in height and is setback 3500mm from the side boundary. The window is shown to have privacy louvers applied, of which is considered acceptable, further to the location of the window, of which features a substantial setback within the building.

 

Privacy screens inciting view loss

As shown in the figure above, the ground floor balcony features a privacy screen to the north-west elevation for the benefit of privacy to both internal occupants and neighbours. The screen also serves to obstruct ocean views of north-western neighbours.

 

Regardless of the application of this screen, sites to this side of Victoria Street all generally see issues of overlooking to immediate neighbours, largely due to the falling topography of the site and the desire to obtain views over neighbouring private open space. Even with the proposed privacy screen in place, privacy issues will remain evident to the rear elevation of the building, as is the case with other balconies on this side of the street.

 

The potential benefits of removing this screen and maximising view sharing are considered to outweigh the contribution of the screen to privacy and as such, the privacy screen is recommended for removal by way of condition of consent. Further to this, the remaining balcony aspects of the building have not been recommended to have privacy screens applied in the interest of maximising view sharing to those sites to the north-west. 

 

South-east elevation openings

To the south-east elevation, the application proposes numerous openings of various size, in addition to balconies at ground and first floor levels, as shown in Figure 8 below. A number of these openings detail obscuring treatment through frosting or louvers, of which is recommended to be supported through the application of a condition outlining minimum obscuring treatments.

 

Figure 8: Proposed south-east elevation.

 

Those aspects of further note to privacy and overlooking to the neighbouring site are detailed as follows:

 

·      A number of openings are located at ground and first floor level with low sill heights and some with no obscuring treatment. A majority of these windows obtain significant views, overlooking only neighbouring roof forms, and as such are considered acceptable as proposed. The following openings are noted to have privacy implications:

 

The ground floor dining room window is located directly opposite a terrace to the immediate neighbour. In accordance with the DCP, this window is recommended to be required for obscuring up to 1500mm.

 

Several upper floor bedroom windows feature sill heights at floor level. These windows will allow view down into the habitable windows of the adjacent property and as such are recommended for obscuring to a minimum height of one (1) metre above floor level. This height is considered to discourage overlooking while allowing views to the south-east.

 

·      The central building window adjacent to a staircase is shown to be two (2) stories in height and setback 1500mm from the side boundary. The window is shown to have privacy louvers applied of which is considered acceptable, subject to the application of a condition requiring a minimum spacing of the louvers to maintain privacy to the south-eastern neighbour.

 

Given the application of recommended conditions detailed above, the application is considered to generally satisfy the objectives and performance requirements of the DCP, and as such is acceptable in regards to privacy.

 

7.8 Garages, Carports and Driveways

Section 4.7 of the DCP outlines several objectives, performance requirements and preferred solutions in regards to Garages, Carports and Driveways:

 

·      To ensure onsite car parking and driveways are not visually obtrusive and do not detract from the appearance of dwellings or the local streetscape.

·      To provide convenient and safe car parking and access. 

 

Car parking areas are designed to:

P1    Conveniently and safely serve users;

 

P2    Not dominate or detract from the appearance of the development and the local streetscape;

 

       Be compatible in scale, form, materials and finishes with the associated dwelling.

 

S1   Driveways have a minimum width of three (3) metres and are setback at least one (1) metre from the side boundary.

 

S1   Driveways have a maximum width of three (3) metres at the property boundary.

 

S2 Where vehicular access to available form the rear of the allotment, access and parking is located behind the building.  

 

S2   Driveways, car parking spaces and car parking structures do not occupy more than 35% of the width of the site.

 

The application proposes vehicular access via Victoria Street, where the existing situation provides a garage at the rear, from Dacre Lane.  Vehicular access is proposed via a four (4) metre wide vehicular crossing at the boundary, with a double garage structure occupying approximately 51% of the width of the site.

Relocation of garage to Victoria Street frontage.

In regards to the above provisions of the DCP, practicalities in the design of the development incite the relocation of vehicular access to this frontage. Given a strong precedence for garages within Victoria Street, the relocation of the garage is considered acceptable.

 

Garage width

The double garage structure is shown to be setback three (3) metres from the street and is proposed in providing the required two (2) onsite parking spaces, identified within Council’s Parking DCP. The subsequent garage width does not meet the above preferred solution of the DCP, primarily due to the relatively small ten (10) metre width of the site. The parking capacity within Victoria Street is acknowledged to be limited and as such, the provision of necessary parking completely on site is considered preferable in this instance. The structure is consistent with numerous examples in the street of double garages and consequently is consistent with surrounding development. With the inclusion of landscaping measures to soften this impact, the garage is not considered to dominate the streetscape. 

 

Driveway crossing width

A driveway width of four (4) metres is proposed in order to facilitate a double width garage to the site, of which is common in the street. This width will enable two (2) vehicles to be contained within the site, as opposed to on Victoria Street, of which is frequently exhausted due to the nearby Malabar RSL. The driveway will not detract from the appearance of the site or the streetscape, nor pose a detrimental impact upon neighbouring sites.

 

With the imposition of conditions recommended by Council’s Development Engineer, the driveway and parking situation proposed is considered practical and safe. As such, the proposed garage and driveway is considered acceptable in relation to Section 4.7 of the DCP.

 

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 ‘Mattersfor 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

The Randwick Draft Local Environmental Plan 2012 is currently on public exhibition. The site is proposed to be zoned R2 Low Density Residential under the draft instrument, with an FSR of 0.5:1 and height limit of 9.5 metres.

The site is considered to be acceptable with regard to the provisions of Council’s current planning controls.

The provisions of Randwick Draft LEP 2012 have been considered in the assessment of the application and are generally satisfied by the proposed development.

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.

 

 

 

 

 

 

9.    Technical Officers Comments

 

The application was reviewed by Council’s Development Engineer. A number of conditions were recommended in response, of which have included in the schedule of conditions below.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

The design will be sympathetic to the character of Victoria Street and the surrounding locality. The proportions, massing, colours, materials and finishes proposed are considered to be satisfactory. The development scheme is considered to be acceptable in regards to the amenity of surrounding properties, specifically in relation view sharing, bulk and scale, solar access and privacy.

 

The application is therefore 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/666/2011 for the demolition of existing structures and construction of a part two (2), part three (3) storey detached dwelling with double garage, swimming pool at rear, landscaping and associated works, at No.45 Victoria Street, Malabar, subject to the following conditions:

                                             

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

 

 

 

Plan

Rev.

Drawn by

Received by Council

Drawing # 01, Lower Ground Floor & Ground Floor Plan.

B

C. M. Hairis Architects

28 October 2011

Drawing # 02, First Floor and Site Plan.

B

C. M. Hairis Architects

28 October 2011

Drawing # 03, West, North and East Elevations.

B

C. M. Hairis Architects

28 October 2011

Drawing # 04, South Elevation and Section A-A.

B

C. M. Hairis Architects

28 October 2011

 

BASIX Certificate

No.

Dated

Received by Council

Single Dwelling

393335S

31 August 2011

1 September 2011

 

Amendment of Plans & Documentation

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

 

a.     The rear wall of the first floor shall be setback a further 600mm from that shown on the above approved plans, as indicated in red.

 

b.     The following privacy measures shall be incorporated into the development;

 

North-west elevation:

§  Obscuring measures to openings shall be implemented in accordance with the detail on the approved plans.

§  The large window immediately adjacent to the foyer shall be obscured to a minimum height of 1500mm above finished floor level at ground and first floor levels. At the preference of the applicant, louvres or opaque/frosted glass may be used.

§  The privacy screen to the ground floor balcony shall be deleted in the interest of view sharing to north-western neighbours.

 

Further to the above measures, where louvres are used for obscuring treatment, a minimum of 75% of the required obscured area shall remain obstructed at all times through spacing and fixing of the louvres.

 

South-east elevation:

§  Obscuring measures to openings shall be implemented in accordance with the detail on the approved plans.

§  The small ground floor dining window shall be obscured to a height of 1500mm above finished floor level. At the preference of the applicant, louvres or opaque/frosted glass may be used.

§  The first floor windows to bedrooms identified as 2, 3 and 4 shall be obscured to a minimum height of one (1) metre above finished floor level. At the preference of the applicant, louvres or opaque/frosted glass may be used.

 

Further to the above measures, where louvers are used for obscuring treatment, a minimum of 75% of the required obscured area shall remain obstructed at all times through spacing and fixing of the louvres.

 

 

 

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 consistent with the approved drawings and the ‘External Finishes Board’ submitted with the application and received by Council on 1 September 2011.

 

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 $973,463, the following applicable monetary levy must be paid to Council: $9734.00.

 

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·           $1000.00    -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

Design Alignment levels

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

 

Victoria Street Frontage:

 

Driveway Entrance – Northwestern Edge – 250mm above the Council kerb level opposite the Northwestern edge of the driveway opening

 

Southeastern Edge – 400mm above the Council kerb level opposite the Southeastern edge of the driveway opening.

 

Pedestrian Entrance - 350mm above the Council kerb level opposite the pedestrian gate entrance.

 

Dacre Lane Frontage –100mm above the edge of the asphalt road at all points opposite the edge of roadway in Dacre Lane.

 

The design alignment levels at the property boundary as issued by Council and their relationship to the roadway/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.

 

Note: The proposed levels, at the site frontages, shown on the submitted DA plans will have to be amended to show the levels issued above.

 

      Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0923.

9.       The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $463.00 calculated at $46.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

The height of the building must not be increased to satisfy the required driveway gradients.

         

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.

 

Stormwater Drainage

13.     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.

 

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

 

NOTES:

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

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

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

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

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

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

 

b.       The infiltration/rubble pit shall:-

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

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

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

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

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

 

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

 

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

 

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

 

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

15.     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

16.     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.

 

Driveway Design

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

 

BASIX Requirements

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

 

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

 

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

 

Energy & Water Efficiency

19.     The following energy efficiency and water saving measures are to be implemented in all new and upgraded building work and details included in the construction certificate:

 

a)       The consumption of water shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets.

 

b)       New external timber or metal framed and brick veneer walls and roofs are to be provided with insulation (i.e. bulk insulation and a reflective building membrane/reflective sarking/foil insulation), having a minimum total thermal resistance R–value of 3.0 in roofs and 1.5 in external walls.  The insulation and reflective building membrane is to be installed in accordance with the relevant requirements of the Building Code of Australia and the manufacturers details.

 

c)       New hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

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.

 

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

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

 

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

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Temporary Site Fencing

24.     Temporary site safety fencing must be provided to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  Temporary site fences are to have a 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

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

 

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

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          provisions for temporary sanitary facilities;

·          location and size of waste containers/bulk bins;

·          details of proposed sediment and erosion control measures;

·          provisions for temporary stormwater drainage;

·          construction noise and vibration management;

·          construction traffic management details.

 

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

 

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

 

Demolition Work Plan

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

 

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

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

·          Details of hazardous materials (including asbestos)

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

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

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

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

·          Other relevant details, measures and requirements to be implemented

·          Details of re-use, recycling and disposal of waste demolition/building materials

·          Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

Demolition & Construction Waste

27.     A Demolition and Construction Waste Management Plan (WMP) must be development and implemented for the development, 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, maintenance practices (hedging, shaping etc), as well as any other landscape details to describe the proposed works;

 

b)   A predominance of species with low water requirements that can withstand poor quality sandy soils;

 

c)   A total number of 2 x 25 litre (pot size at the time of planting) trees within the site, comprising one each within the front and rear portions of the site, selecting those species which will attain a minimum height of between 4-7 metres at maturity;

 

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.     The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment, Climate Change & 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.

 

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 are to be included in the Construction Site Management Plan.

 

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.

 

Building Encroachments

40.     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

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

 

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

 

Tree Management

42.     Approval is granted for 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.

 

43.     Permission is granted for the minimal and selective pruning of only those overhanging branches from the tree/s located on the adjoining property/ies.

 

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

 

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

 

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

44.     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

45.     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

46.     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 the issue of an occupation certificate.

 

Swimming Pool Safety

47.     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.

 

Spa Pool Safety

48.     Spa pools are to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

 

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

49.     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 – 2003:  Swimming Pool Safety – Water Recirculation and Filtration Systems; and

 

d)     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

Notification of Swimming Pools & Spa Pools

50.     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

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

a)  Construct concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

b)  Regrade and returf the Council’s nature strip along the sites Victoria Street frontage to meet Council’s issued driveway and gate entrance levels.

 

52.     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.

 

53.     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.

 

54.     The naturestrip upon Council's footway shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

Stormwater Drainage

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

 

 

 

OPERATIONAL CONDITIONS

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

 

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

 

Use of premises

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

 

External Lighting

57.     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.

 

Waste Management

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

 

Street Numbering

59.     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.

 

Protection of the Environment Operations Act 1997 – Swimming Pools & Spa Pools

60.     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

61.     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

62.     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

63.     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

64.     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

65.     The installation of rainwater tanks shall comply with the following noise control requirements:-

 

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

 

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

 

b)     Plant and equipment associated with rainwater tanks are to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

c)     The operation of plant and equipment associated with rainwater tanks are to be restricted to the following hours if the noise emitted can be heard within a habitable room in any other residential premises:

 

·       before 8.00am or after 8.00pm on weekends or public holiday; or

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

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

 

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

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

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

 

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

 

A4      Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

A5      A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

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

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

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

Attachment/s:

 

Nil

 


Planning Committee                                                                                                12 June 2012

 

 

Development Application Report No. D50/12

 

 

Subject:                  417-439R Bunnerong Road, Maroubra (DA/184/2012)

Folder No:                   DA/184/2012

Author:                   Plandev Pty Ltd, Thomas Mithen     

 

Proposal:                     Remediation and bulk earthworks at Heffron Park to facilitate construction of new park facilities in accordance with adopted Heffron Park Master Plan. The work is to be in 4 stages over a 5 to 10 year period

Ward:                      Central Ward

Applicant:                Randwick City Council

Owner:                         Department of Primary Industries Catchments and Lands

Summary

Recommendation:     Approval

 

 

 

 

Subject Site

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

Randwick City Council (the applicant) has lodged a Development Application to undertake development that involves remediation and bulk earthworks at Heffron Park. The development is to facilitate the construction of new park facilities in accordance with the Heffron Park Master Plan adopted in 2009. The proposed development will be implemented over four stages over a five-ten year period.

 

The application is reported to Council and an independent assessment of this application, including preparation of this report has been completed by Plandev (urban planning consultants) at the request of Council’s Manager of Development Assessment.

 

The application is suitable for approval subject to conditions.

 

2.    The Proposal

 

The applicant seeks to undertake development that involves land remediation and bulk earthworks as a first stage of development to facilitate new park facilities as scheduled under the Heffron Park Management Plan.

 

The earthworks involve the relocation of, and remediation of existing mounds in four stages over a 5-10 year period as follows:

 

Stage 2A – Northeastern corner of Heffron Park, to the west of the existing netball courts

Stage 2B – Adjacent to Bunnerong Road, to the south of the existing netball courts

Stage 3 – Existing Tennis Courts adjacent to Bunnerong Road, to the south of the existing netball courts

Stage 4 – Excess material and stockpiling area

 

(Note: Stage 1 completed works not requiring remediation)

 

The works will generally involve:

 

Demolition

Proposed demolition will involve the removal of specified hard paved surfaces, the pump house building adjacent to Fitzgerald Avenue and the pump house building adjacent to Bunnerong Road.

 

Earthworks

Earthworks will re-contour and redistribute earth across the site. The cut and fill of earth on the site is to allow for surfacing that will enable construction of new park facilities in accordance with the Heffron Park Masterplan.

 

Remediation

The proposal seeks to remediate the site in accordance with a Remediation Action Plan (RAP), Construction Environmental Management Plan and Asbestos Management Plan submitted with the development application.

 

The proposed works will not alter the current passive and active recreational use of the park and local resident’s and park users will be notified by Council prior to the commencement of each stage of works.

 

3.    The Subject Site and Surrounding Area

 

Site Description

The subject site is Heffron Park (refer to Figure 1). Heffron Park is a large regional recreational area of approximately 44 hectares. The subject site is bound by Bunnerong Road to the West, Fitzgerald Avenue to the North, Robey Street to the east and Jersey Road to the South. The site is close to the major centres of Maroubra Junction and Randwick and surrounded by predominantly low-medium rise residential land uses.

 

Heffron Park is Crown Land listed as Reserve 81741 for public recreation. The parklands are managed by Randwick City Council. It comprises Lots 7027 and 7026 in DP1026884 and Lot 1211 in DP752015.

 

The large site consists of passive and active recreational spaces with dispersed clusters of scattered vegetation. There are twelve mounded areas of grassland throughout the park.

 

The major active recreational areas in the park include, AFL, rugby and soccer fields, netball courts, tennis courts, an aquatic centre, Matraville Sports Club and children’s play equipment. There is also a large area of grassland used for passive recreation and a bike loop that surrounds the park. The park contains several flood-lit areas where night-time sports take place.

 

Figure 1Aerial view of Heffron Park

 

Locality Description

The areas surrounding Heffron Park, consists mainly of low-density residential dwellings with a mixture of single detached dwellings and low-rise residential apartment buildings, mostly three storeys or less. Several suburbs surround the area including Maroubra to the North and East, Matraville to the South and Hillsdale to the West. The areas surrounding the park fall within both Randwick and Botany Bay local government areas.

 

The streets in the area are used for parking to access the park, although there is existing on-site parking at several locations within the grounds of the park itself. Across from the park on Bunnerong Road is the Southpoint mixed use development which consists of a small shopping precinct and Coles Supermarket, with a 15 storey residential tower above the development.

 

4.    Site History

 

Heffron Park was notified as a Crown Reserve for ‘public recreation’ space in 1959. The notification delegated Randwick Council with the responsibility to manage the park under (R81741).

 

5.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development and the proposal was advertised in the Local Newspaper in accordance with Randwick Development Control Plan – Public Notification.

 

5.1 Objections

At the end of the notification period (21 April 2012) there was one objection received from No. 43 Jersey Road, Matraville objecting to the proposal.

 

The main concern relates to the position of the carparking in relation to a residential property at No. 43 Jersey Road, opposite the park. The objector would like to see the car park relocated deeper into the park so that they retain their green outlook. Concern is also raised as to the adverse impact the carpark will have on the value of their property. It is also suggested that more plantings be provided to screen the carpark and maintain a green outlook along Jersey Road.

 

The concerns raised are in relation to Stage 5 and the construction of the proposed car park. This aspect of the development does not form part of this application and is therefore not a matter for consideration. However, the earthworks involved will facilitate future development on the site. This matter can be dealt with at the future stage 5 at which time Council could consider ways to minimise the visual impact with additional plantings and landscaping.

 

6.      Technical Officers Comments

 

Council’s Development Engineer and Environmental Health Officer have provided the following landscape comments and conditions of approval were recommended.

 

Sydney Water Comments

Sydney Water comments and conditions received by email dated 10th May 2012 have been incorporated into this report.

 

Landscape Comments

While the SEE does not provide any specific details on the quantity or location of trees that will need to be removed as part of the works, a review of the plans and a brief site inspection revealed that the majority comprise a variety of Eucalyptus, Ficus, Allocasuarina, Leptospermum and Banksia.

 

Despite such native species benefitting the local environment and contributing to the aesthetics of the park, none were identified as being significant enough (either singularly or in groups), that they would pose a constraint to a development of this size, particularly as these works are consistent with the Heffron Park Master Plan, which has been adopted by Council.

 

Further discussions with Council’s Tree Management Co-ordinator confirmed that no objections would be raised to removing any of those trees that are in direct conflict with the works, with replacement strategies to maintain desired levels of canopy cover within the park not forming part of this consent, and would be associated with future DA’s that deal with the actual construction of facilities such as car parks and similar.

 

It is recommended that protection measures be imposed to ensure that those existing trees which can be retained as part of the works are preserved, with the remediation, bulk earthworks and re-contouring of the existing mounds not to have a negative impact on the amount of sports fields or open space that is available to the public.

 

Environmental Health Comments:

Contamination

 

The Statement of Environmental Effects prepared by SJB Planning and submitted with this application includes (as attachments) the Remediation Action Plan (with addendum), Construction Environmental Management Plan and the existing Asbestos Management Plan for the site and proposed works.

 

The RAP has been prepared by CH2M Hill dated October 2010. As stated in this RAP CH2MHill completed a contamination assessment of the twelve mounds at the site in January and March 2010. Chemical contamination of the mounds was confined to heavy metals and organic compounds which were found in excess of the site assessment criteria in the majority of the mounds. Fragments of asbestos containing material were reported during assessment of several mounds with asbestos fibres identified by laboratory analysis at several locations. Ground water was not encountered and hence not assessed.

 

Remedial options were identified and the preferred remediation approach for soil contamination at the site is to cap the identified contaminated mound material on site. The capping of these areas is by way of method that will use validated capping material to a depth of 0.3-0.5 metre OR a continuous hardstand such as pavers, concrete or bitumen. The material will be placed in a manner which restricts the potential exposure to park users from direct contact with the contaminated material.

 

Apart from the time line detailed above in the description of the works to be proposed, the specific timing for the staging of remediation works and validation of such works has not been identified. In addition, the RAP and the Construction Environmental Management Plan (CEMP) has not provide a detailed process for areas being protected from cross contamination (between remediated and un-remediated areas), clearance instructions being given after mounds have been appropriately remediated, dust monitoring during works and a long term management. Appropriate conditions will be recommended to ensure these issues are further addressed.

 

The above items have been raised and discussed with the Manager of Health, Building and Regulatory Services.

 

It is recommended that the application for the above-mentioned premise be approved subject to the following conditions being attached to the development consent.

 

7.    Master Planning Requirements

 

The Heffron Park Plan of Management was adopted by Council in 2009 after being approved by the Department of Lands. The plan replaces the previous 1997 Plan of Management. The Plan of Management was developed by a ‘Working Group’ which comprises representatives from major recreational activities and bodies in the area as well as Randwick City Councillors. The purpose of the Plan of Management is to ensure that development within the park is relevant to the community’s sporting and recreational needs (current and future) and is compatible with the public purpose, identified values and features of Heffron Park.

 

The Plan of Management is based on guiding development of sporting and recreational uses and facilities in the park to meet the ongoing recreational demands of the community. The objectives of the masterplan are that it:

 

·      Satisfies the requirements of the Crown Lands Act 1989

·      Develops an action plan to identify and address the key issues affecting Heffron Park

·      Sets a vision for Heffron Park for the next 15 years

·      Ensures future design and staging of works in the park are clearly identified

 

The vision statement for the masterplan states that “Heffron Park provides good quality multi-use sporting facilities, playing fields and passive recreation opportunities while maintaining and enhancing the Park’s natural, cultural and environmental attributes and values.” The basis for the earthworks and remediation is considered to be within the vision statement, purpose and objectives of the masterplan.

 

 

 

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    State Environmental Planning Policy (Infrastructure) 2007

Division 12 of the SEPP applies to ‘parks and other public reserves’. Clause 65(3) allows Council to undertake “environmental management works’ on a public reserve under Council control without development consent. The proposed works fit the definition of environmental management works and therefore consent is not required. Notwithstanding, an assessment path was chosen to ensure residents, park users and the public are informed of the proposed changes.

 

(b)     State Environmental Planning Policy 19 – Bushland in Urban Areas

The proposed development is consistent with SEPP 19. Specific clauses that relate to this development are:

 

8 (2)   Where the council considers it necessary or desirable to provide more detailed provisions than are contained in this policy, it may prepare or cause to be prepared a plan of management in respect of bushland to which this clause applies.

 

The Heffron Park Plan of Management meets the requirements for this clause

 

8(4)    The plan of management shall not be inconsistent with the aims of this Policy and, in respect of bushland to which it applies

 

The Heffron Park Plan of Management is not inconsistent with the aims of SEPP 19. In any event the site does not contain any remnants of natural bushland and the SEPP does not apply.

 

(c)    State Environmental Planning Policy 55 – Remediation of Land

The proposed development satisfies the requirements of SEPP 55. Specific clauses that relate to this development are listed below. It is considered that the application addresses the specified requirements.

8   Remediation work permissible

(1)   A person may carry out a remediation work in accordance with this Policy, despite any provision to the contrary in an environmental planning instrument, except as provided by clause 19 (3).

17   Guidelines and notices: all remediation work

(1)     All remediation work must, in addition to complying with any requirement under the Act or any other law, be carried out in accordance with:

 

(a)    the contaminated land planning guidelines, and

(b)    the guidelines (if any) in force under the Contaminated Land Management Act 1997, and

(c)    in the case of a category 1 remediation work—a plan of remediation, as approved by the consent authority, prepared in accordance with the contaminated land planning guidelines.

 

(2)     A notice of completion of remediation work on any land must be given to the council for the local government area in which the land is situated (or, if the land is within the unincorporated area, to the Western Lands Commissioner).

(3)     The notice is to be given within 30 days after the completion of the work.

(4)     A copy of the notice must also be given within the same period to the consent authority, if consent was required for the remediation work and the consent authority is not one of the authorities referred to in subclause (2).

 

The site has a history of potentially contaminating use being used for the purposes of a naval storage facility during World War II. The contamination investigation found there is contaminated material on the site including lead, nickel and copper and asbestos. A Remedial Action Plan (RAP), prepared by CH2MHill was submitted with the application. The RAP identified the preferred remedial approach as capping with a physical barrier. The proposed RAP is acceptable subject to the implementation of a Construction Environmental Management Plan and Asbestos Management Plan. Conditions to this effect are recommended on the approval.

 

(a)    Randwick Local Environmental Plan 1998

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

 

(1)     The objectives of Zone No 6A are:

 

(a)    to identify publicly owned land used or capable of being used for public recreational purposes

 

The site is Crown land that is managed by Randwick Council. The land is notified as ‘public recreation’ space.

 

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

 

The proposed development of the site is to continue its role as active and passive recreational space. The proposed development will further enable appropriate utilisation of the space for recreational purposes.

 

(c)    to identify and protect land intended to be acquired for public open space,

 

The proposed development is on subject land that is already open space.

 

(d)    to identify and protect natural features that contribute to the character of the land

The proposed development will develop the land appropriately, whist causing minimal disruption to the natural features of the parkland. The primary focus of development will enhance the character of the land. The trees to be removed are not considered a significant feature of the landscape.

 

(e)    to enable the sustainable management of the land

 

The proposed development will support the sustainable management of the land within the guidance of the Heffron Park Management Plan.

 

The proposed development is consistent with subclause (1) and (2) of clause 38 of the LEP Development in Open Space Zones. Specifically:

 

(1)     When determining an application for consent to carry out development on land within Zone No 6A or 6B, the consent authority must consider:

 

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

Development of the land is needed to enable the continued passive and active recreation of the land in line with the objectives of the 6A Open Space Zone

 

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

 

The proposed development promotes the use of the land and enjoyment of open space through facilitating the ability to further develop recreational facilities on the land.

 

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

 

The proposed development is not likely to have any major adverse impact on the land and will facilitate improved recreational use of the open space.

 

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

 

The subject land will be modified for appropriate use for recreational facilities and is not considered necessary to retain it in its current form.

 

(2)     Despite clause 18, the consent authority may grant consent to the development of land within Zone No 6A for purposes (including business premises) permitted by a management plan adopted by the Council and prepared in accordance with the requirements of the Local Government Act 1993 for the land, but only if it is satisfied that the proposed development is, having regard to the requirements of subclause (1), suited to a location in that zone.

 

The proposed development is permitted and supported by the Heffron Park Plan of Management adopted by Randwick City Council and satisfies the requirements of subclause (1).

 

Part 4 Heritage

 

The subject site is not identified as a Heritage Item and is not located in a Conservation Area or in the vicinity of a heritage item.

 

(b)    draft Randwick Local Environmental Plan 2012

The proposed development is consistent with requirements and objectives of the draft Randwick LEP 2012. The specific clauses are:

 

2.9 Earthworks

 

Subclause (1)(a) - The relevant objective of this clause is:

 

To ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,

 

The proposed development is not considered to have a detrimental impact on the existing or likely future uses of the park. The nature of development is not likely to affect any neighbouring uses cultural or heritage items or features of the surrounding land.

 

Subclause (3) Before granting development consent the consent authority must consider the following matters

 

(a) the likely disruption of, or any detrimental effect on, existing drainage

patterns and soil stability in the locality,

 

The proposed development has been referred to Sydney Water for technical comments and they have deemed it appropriate and unlikely to have detrimental affect on any draining patterns or soil stability.

 

(b) the effect of the proposed development on the likely future use or

redevelopment of the land

 

The proposed development is to facilitate continued and improved passive and recreational use of the land.

 

(c) quality of the fill or of the soil to be excavated, or both

 

The quality of fill and excavated soil is considered in the Remedial Action Plan

 

(d) the effect of the proposed development on the existing and likely

amenity of adjoining properties,

 

The proposed development is not expected to have any significant impact on the existing or likely amenity of adjoining properties.

 

(e) the source of any fill material and the destination of any excavated material.

 

The source and destination of fill material is considered in the Remedial Action Plan.

 

(f) the likelihood of disturbing relics.

 

There are no known relics on the site.

 

(g) the proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.

 

The proposed development is not within any watercourse drinking water catchment or environmentally sensitive area.

 

8.1 Policy Controls

 

a.    Development Control Plan (Public Notification)

The proposed development has submitted an application which has met the DCP (Public Notification) requirements. Specifically table 1 in clause 3.1 of the DCP which requires the development to notify adjoining neighbours.

 

8.2 Council Policies

 

Heffron Park Plan of Management

The proposed development is considered to be consistent with the goals of the Heffron Park Plan of Management. The goals within the plan of management are outlined below:

 

•       satisfies the requirements of the Crown Lands Act 1989 and is consistent with the Objects of the Act, the Principles of Crown Land Management, the notified public purpose (public recreation) and Council’s strategic planning and management documents;

•       identifies and addresses the key issues affecting Heffron Park and establishes management objectives, strategies and relevant actions in an ‘Action Plan’;

•       sets a vision for Heffron Park for the next 15 years to ensure the park accommodates a range of public sporting facilities and general recreational needs and protects and enhances the natural, social and cultural values of the park;

•       ensures that the future design and staging of works in the Park are clearly identified.

 

Randwick Open Space Asset Management Plan

The proposal is consistent with the Open Space Asset Management Plan. Specifically parts of the following clauses relating to Heffron Park.

 

      Implementation of the Heffron Park Plan of Management

      Carrying out works as per the Heffron Park Plan of Management

 

The proposal is also consistent with the goals and objectives of the Open Space and Asset Management Plan. The objectives for the plan are that it:

 

•      has a strategic focus on the community and RCC’s corporate needs for the provision of asset management services for its open space assets;

•      has aligned and prioritised a 10 year life cycle management to these needs;

•      has identified the funding requirements needed to support this life cycle asset management.

 

Randwick Contaminated Land Policy

The proposed development is consistent with the aims and requirements of the Randwick Contaminated Land Policy.

 

      The proposed remediation works are categorised as Category 2 Remediation Works and therefore do not require consent under SEPP 55 or Council’s Contaminated Land Policy.

 

9.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

The site is zoned 6A (Open Spaces Zone)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. Refer to Section 8(c) of this report.

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

The proposal is consistent with the requirements in draft LEP 2012. Refer to Section 8(d) of this report.

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

Not Applicable

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

The likely environmental impacts will be the removal and reallocation of earth including excavation in specified parts of the site. Further environmental impacts are likely to be the recontouring of the site which could cause some minor erosion. This has been addressed in the Remediation Action Plan and the Construction Environmental Management Plan.

 

Likely social impacts include the restrictions on using specified parts of the park during the operational stage of the project and disruption to active and passive recreational uses and activities. Noise arising from the operation of excavation and remediation machinery is likely to cause some level of impact to users of adjoining areas in the park. The staging of the proposed works has been drafted to cause minimal disruption to the regular use of the park where possible.

 

The proposal overall is not considered to result in detrimental environmental, social or economic impacts on the locality as it will be contained within the site and will be only concerned with remediating the ground to facilitate further development of recreational uses on the site.

 

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

 

The site is suitable as it will conform to the requirements of the Heffron Park Plan of Management.

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

 

Not applicable.

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

The proposal promotes the objectives of the zone and will not result in any significant adverse environmental, social or economic impacts on the locality. The proposal will facilitate the future development of the park with recreational facilities in accordance with the approved Masterplan. Accordingly, the proposal is considered to be in the public interest.

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A vibrant and diverse community

Direction 2d:      New and upgraded community facilities that are multi purpose and in accessible locations.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

This assessment report considers that the development application and supporting documentation meets all necessary requirements.

 

It is recommended that DA184/2012 for development of bulk earthworks and remediation at 417-439A Bunnerong Road (Heffron Park) should be approved.

 

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/184/2012 for bulk earthworks and remediation at No. 417-439R Bunnerong Road (Maroubra), 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/Document

Drawn/Prepared by

Dated

001 General Notes and Legend

Brown Consulting

29/11/12

002 Sheet Layout Plan

Brown Consulting

29/11/12

201 Bulk Earthworks Plan

Brown Consulting

29/11/12

202 Bulk Earthworks Plan

Brown Consulting

29/11/12

203 Bulk Earthworks Plan

Brown Consulting

29/11/12

204 Bulk Earthworks Plan

Brown Consulting

29/11/12

205 Bulk Earthworks Plan

Brown Consulting

29/11/12

301 Bulk Earthworks Sections

Brown Consulting

29/11/12

302 Bulk Earthworks Sections

Brown Consulting

29/11/12

303 Bulk Earthworks Sections

Brown Consulting

29/11/12

304 Bulk Earthworks Sections

Brown Consulting

29/11/12

305 Bulk Earthworks Sections

Brown Consulting

29/11/12

306 Bulk Earthworks Sections

Brown Consulting

29/11/12

307 Bulk Earthworks Sections

Brown Consulting

29/11/12

401 Services Plan

Brown Consulting

29/11/12

402 Services Plan

Brown Consulting

29/11/12

403 Services Plan

Brown Consulting

29/11/12

Statement of Environmental Effects

SJB Planning

19 March 2012

Earthworks Staging Plan

SJB Planning

unknown

Remediation Action Plan

CH2MHill

December 2010

Remediation Action Plan Addendum 1

CH2MHill

6 January 2012

Construction Environmental Management Plan

CH2MHill

August 2010

Asbestos Management Plan

Pickford & Rhyder Consulting

9 November 2006

 

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.

 

3.       The approved plans must be submitted to a Sydney Water Quick Check agent to determine whether the development will affect any Sydney Water sewer or water main, stormwater drains and/or easement, and if further requirements need to be met. Plans will be appropriately stamped.

 

Contamination - Remediation and Validation

4.       Remediation and validation works shall be carried out in accordance with the Heffron Park Remediation Action Plan, prepared by CH2MHill (ref:398765) dated December 2010, except as may be amended by the conditions of this consent.

 

5.       Any variations to the proposed staged remediation works or remediation action plan shall be approved by Councils Director of City Planning, prior to the commencement of such works together with the Environmental Consultants approval of the proposed amended remediation action plan / works.

 

6.       The remediation works must be monitored and validated by a suitably qualified Environmental Consultant or Site Auditor.

 

7.       At the completion of each stage of remediation a staged Validation Report is to be obtained from a suitably qualified environmental consultant or Site Auditor and be submitted to Council.

 

The staged Validation Report must verify the works have been undertaken in accordance with the Remedial Action Plan and conditions of this consent. The staged validation report must also address the potential for cross – contamination between areas and give approval to proceed with remediation works and detail any necessary requirements to prevent cross contamination and to satisfy the Remedial Action Plan and conditions of consent.

 

A copy of each staged Validation Report must be provided to Council for information, within 14 days of issue, together with an updated site plan which clearly shows the area of the land the subject of the validation and capping.

 

8.       Remediation works must be carried out in accordance with and satisfy the relevant requirements of the Contaminated Land Management Act 1997, the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999, Guidelines made by the NSW Office of Environment and Heritage and Department of Infrastructure Planning & Natural Resources, Randwick City Council’s Contaminated Land Policy 1999, the Protection of the Environment Operations Act 1997 and conditions of this consent.

 

9.       The strategy for staged remediation of the site is to incorporate measures to ensure that adequate environmental and public health safeguards are implemented and monitored, including (but not be limited to):

 

§  Cross-contamination, of any potential activity, which may result in the contamination of a clean or remediated area from an unremediated area,

§  Drainage including cross-contamination via drainage,

§  Public health and safety,

§  Worker movement,

§  Environmental impact and potential for migration or release of contaminants from the site.

 

These measure must be effectively addressed in a controlled manner through the development, implementation and monitoring of a detailed Site Remediation Management Plan (SRMP) to be implemented throughout site remediation works.

 

10.     Any fill importation to the site is to be monitored and classified by a suitably qualified Validation Consultant for remediation of the site. Imported materials must meet the requirements of AS4419:2003 Soils for landscaping and garden use and the imported material validation criteria detailed in the Remediation Action Plan prepared by CH2M Hill (ref: 398765) dated December 2010 or be the subject of a (general or specific) Resource Recovery Exemption from the EPA.

 

Details of the importation of fill and compliance with these requirements must be provided to the satisfaction of the Council.

 

11.     A detailed Site Remediation Management Plan must be prepared prior to the commencement of the staged remediation works by a suitably qualified environmental consultant and be implemented throughout remediation works. The Site Remediation Management Plan shall include but is not limited to, measures to address the following matters:

 

·        Detail the staging of site works

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

·        truck wash down area for vehicles leaving the site

·        cross contamination

·        hazard identification and control

·        asbestos monitoring

·     worker health & safety, work zones and decontamination procedures

·     prevention of cross contamination

·        site drainage and dewatering

·        adequate sediment and stormwater control measures

·     air and water quality monitoring

·        disposable of hazardous wastes

·        contingency plans and incident reporting

·        details of provisions for monitoring implementation of remediation works and persons/consultants responsible

·        environmental impact and potential for migration or release of contaminants from the site.

 

A copy of the Site Remediation Management Plan is to be forwarded to Councils Manager, Health Building and Regulatory Services prior to commencing the staged remediation works.

 

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

 

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

 

13.     A Final Validation Report shall be prepared by a suitably qualified Environmental Consultant or Site Auditor and be submitted to Council upon completion of all remedial works. The Validation report shall be prepared in accordance with the NSW EPA Contaminated Sites: Guidelines for Consultants Reporting on Contaminated Sites, 1997 and the  Remediation Action Plan prepared by CH2M HILL (ref: 398765) dated December 2010. The Validation Report must confirm the site has been remediated and the subject area has not been re-contaminated following the staged validation reports being issued.

 

14.     A Long Term Environmental Management Plan (EMP) or Safety and Environment Management Plan (SEMP) for post remediation management is to be prepared in accordance with Remediation Action Plan and be submitted to Councils Manager Environmental Health and Building Services prior to a staged validation report being issued. This Management Plan is to be prepared by a suitably qualified Environmental Consultant and be submitted to and approved by Council. Details of the EMP or SEMP is to include but not limited to:

·           Guidance on maintenance of the capping work

·           Management of activities which have potential to disturb the capping or underlying contaminated material

·           Management controls and procedures for the installation of sub-surface services/utilities, should future works be required

 

The adopted ongoing long-term SEMP for the management of contamination and future works at site form part of this consent and must be implemented accordingly. 

 

15.     15.  An Occupational Hygienist or similarly qualified consultant must develop and implement an Air and Dust Monitoring Plan for the site works where any asbestos materials or potential for asbestos remediation and excavation works will be undertaken. This Monitoring Plan is to be designed and set up prior to any works commencing on site and shall remain in effect throughout the course of any works which may encompass or encounter asbestos materials, until such works have been completed.

 

16.     The works must not cause any environmental pollution, public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or Work Health & Safety Act 2011 & Regulations 2011.

 

17.     A sign displaying the (24 hour) contact details of the remediation contractor (and the site manager if different to remediation contractor) shall be displayed on the site adjacent to the work area. This sign shall be displayed throughout the duration of the remediation works.

 

18.     Public health, safety and convenience must be maintained at all times during demolition and remediation works and the following requirements must be complied with at all times (as applicable):

 

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

 

b)     Public safety must be maintained at all times and public access to any demolition and remediation works, materials and equipment on the site is to be restricted. If necessary, a temporary safety fence or hoarding is to be provided to protect the public. Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

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

 

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·       Landscaping and revegetation of disturbed areas.

 

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.

 

Sydney Water

20.     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.

 

21.     Prior to commencement of any works the following measures must be undertaken and documentation submitted to ensure protection of Sydney Water & Council assets.

 

a)  The exact location of Sydney Water and Council stormwater channels/pipelines are to be identified by using appropriate survey method or other acceptable method to the satisfaction of the Sydney Water and the certifying authority.

 

b)  A dilapidation survey using CCTV technology is to be carried out on all stormwater channels/pipelines in the vicinity of the proposed works within Heffron Park.

 

c)  The details of the proposed earthworks are to be submitted to Sydney Water for review and shall include the existing cover of the stormwater channel and proposed new cover due to the earthworks.

 

d)  A structural engineers report is to be submitted detailing the impact on Sydney Water’s stormwater channel/pipeline due to the earth moving equipment that are to be used for the proposed bulk earthwork within the park.

 

e)  On assessment of the above documentation Sydney Water may require the lodgement of a monetary bond with an amount to be determined by Sydney Water. 

 

Flooding Impacts

22.     Prior to the commencement of works a flood assessment report shall be submitted that demonstrates that there shall be no adverse flooding impacts within the park, and on any property upstream and downstream of the development site as a result of the proposed earthworks. The report shall include an analysis of pre & post development overland flow paths and associated flood levels up to the 1% AEP (1 in 100yr) flood event to the satisfaction of the certifying authority.

 

Public Utilities

23.     A Public Utility Impact Assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

24.     The applicant must meet the full cost for telecommunication companies, gas providers, Ausgrid, and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

25.     A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to:

 

a)     commencement of any site work [or]

b)     a construction certificate being issued for the development.

 

The Construction Site Traffic Management Plan must be prepared by a suitably qualified person and must include the following details, to the satisfaction of Council:

 

·       A description of the demolition, excavation and construction works

·       A site plan/s showing the site, roads, footpaths, site access points and vehicular movements

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

·       Size, type and estimated number of vehicular movements (including removal of excavated materials, delivery of materials and concrete to the site)

·       Provision for loading and unloading of goods and materials

·       Impacts of the work and vehicular movements on the road network, traffic and pedestrians

·       Proposed hours of construction related activities and vehicular movements to and from the site

·       Current/proposed approvals from other Agencies and Authorities (including NSW Roads & Traffic Authority, Police and State Transit Authority)

·       Any activities proposed to be located or impact upon Council’s road, footways or any public place

·       Measures to maintain public safety and convenience

 

26.     A Traffic Control Plan must be submitted to and approved by Council and relevant Authorities, prior to carrying out any work which results in the closure or partial closure of a State or Regional Road, as identified by the NSW Roads & Maritime Services.

 

Waste Management

27.     Prior to the issuing of a construction certificate for the proposed building, a Waste Management Plan detailing the waste and recycling storage and removal strategy for all of the development, is required to be submitted to and approved by Council’s Director of City Services.

 

The Waste Management plan is required to be prepared in accordance with Council's Waste Management Guidelines for Proposed Development and must include the following details (as applicable):

 

·       The type and quantity of waste to be generated by the development.

·       Demolition and construction waste, including materials to be re-used or recycled.

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

·       The procedures and arrangements for on-going waste management including collection, storage and removal of waste and recycling of materials.

 

Protection of existing trees

28.     In order to ensure that existing trees throughout the park are suitably preserved, the following measures must be undertaken:

 

a.       Prior to the commencement of site works, the applicant must identify those trees which they intend to retain which are located within a 6 metre radius of any of the proposed works;

b.       In order to completely exclude these trees, Tree Protection Zones (TPZ) shall be established, preferably at the extent of their driplines/canopies on the side facing the proposed works, where evenly spaced star pickets shall be installed, to which, safety tape/para-webbing/shade cloth or similar shall be permanently attached; or alternatively; 1.8 metre high steel mesh/chainwire fencing shall be provided.

c.       This fencing shall be installed prior to the commencement of 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".

d.       In order to prevent soil/sediment being washed into the TPZ’s, erosion control measures shall be provided at ground level, and 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 in these areas, with all Site Management Plans needing to acknowledge these requirements.

 

Construction Noise & Vibration Management Plan

29.     Noise and vibration emissions during the earthworks must not 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 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.

 

Construction Site Management Plan

30.     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 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 Requirements

31.     The following requirements from Sydney Water will apply:

 

·        The exact location of Sydney Water’s stormwater channels are to be identified by using appropriate survey method or other acceptable method.

·        A dilapidation survey is to be carried out on all the stormwater channels within Heffron Park.

·        Details of the proposed earthwork are to be submitted to Sydney Water for review. The details should include the existing cover of the stormwater channel and proposed new cover due to the earthwork.

·        A structural engineers report is to be submitted detailing the impact on Sydney Water’s stormwater channel due to the earth moving equipment that are to be used for the proposed bulk earthwork within the park.

·        Dependent upon the impact of the work on the stormwater channel, Council would be required to lodge a bond money with Sydney Water prior to commencement of the work.

·        A copy of the Flood Impact Assessment for the proposed work is to be forwarded to Sydney Water for review to identify how the overland flow paths have been identified as a result of the re-contouring of the park.

·        The approved plans must be submitted to a Sydney Water Quick Check agent to determine whether the development will affect any Sydney Water sewer or water main, stormwater drains and/or easement, and if further requirements need to be met. Plans will be appropriately stamped.

 

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.

 

            Tree Management

32.     Approval is granted for the removal of any existing trees within the park where they are in direct conflict with the works as shown.

 

Turf cover

33.     Where new areas of turf are being installed, or, where damaged/disturbed areas are being reinstated, turf underlay and turf rolls shall be provided, using a species which is consistent with the surface throughout the rest of the park, with these areas to be graded/levelled off so as to match in smoothly with the surrounding surfaces.

 

Site Signage

34.     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

35.     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

36.     The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment, Climate Change & 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.

 

Removal of Asbestos Materials

37.     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

38.     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.

 

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.

 

39.     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 works being carried out at the above site.

 

40.     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.

 

 

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      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.

 

A2      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.

 

A3.     Consideration should be given for a suitably qualified consultant to develop and implement a suitable Risk Communication Strategy prior to any works commencing, to inform the community of the remediation and park upgrade works including matters relating to public health, safety and environmental management.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                12 June 2012

 

 

Development Application Report No. D51/12

 

 

Subject:                  44 Wride Street, Maroubra (DA/229/2012)

Folder No:                   DA/229/2012

Author:                   City Plan Services, Pty Ltd     

 

Proposal:                     Alterations to existing building consisting of removal of parapet walls on south elevation, construction of new gutter and roof eave to match existing

Ward:                      Central Ward

Applicant:                The Owners - Strata Plan No. 22811

Owner:                         The Owners - Strata Plan No. 22811

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

Randwick City Council has engaged City Plan Strategy and Development to provide an independent assessment of this proposal because the applicant is an employee of the Council.

 

The works the subject of this application comprise minor, essentially cosmetic, modifications to the two street elevations of a residential flat building.

 

Our assessment concludes that the proposal is consistent with relevant statutory planning controls and that no adverse built form, streetscape, amenity or environmental impacts would result. Accordingly this report recommends that the application be approved subject to conditions. 

 

2.    The Proposal

 

Consent is sought to demolish two brick parapet walls to the southern and western elevations of the building, and to reinstate gutters and roof eaves to match the balance of the building.

 

The applicant contends that the parapets require demolition because they are structurally unsound, however no evidence in support of that contention has been provided with the application.

 

3.    The Subject Site and Surrounding Area

 

The allotment, SP 22811, is located on the corner of Wride Street and The Causeway, Maroubra.

 

It is essentially rectangular in shape with respective street frontages of 16.4m and 32.5m and an area of about 516m2. The site supports a two storey residential flat building over ground level garages. The building has limited setbacks to both frontages and a modest landscape treatment.

 

The primary frontage to The Causeway includes the main pedestrian entry into the building, while the secondary frontage to Wride Street provides vehicle access to the undercroft garages.

 

The wider locality is generally residential in character, with a mix of building types, densities and architectural styles. Development east of the site along Wride Street is comprised predominantly of residential flat buildings of a similar scale, form and presentation to the subject building.

 

 

 

 

 

Figure 1: Southern elevation of No 44 Wride Street also showing Nos 46 and 48 Wride Street.

The parapet to be demolished is circled. (Source: Google maps)

 

 

 

 

 

 

 

 

Figure 2: Western elevation of No 44 Wride Street. The parapet to be demolished is circled.

(Source: Google maps)

 

48 Wride Street

 

Figure 3: View of No.48 Wride Street (source: Google maps)

 

 

Figure 4: View of No.52 Wride Street, and adjacent No 50 Wride Street to the left 

(Source: Google maps)

 

4.    Site History

 

CPSD is not aware of any prior applications for this site.

 

5.    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.

 

 

 

6.    Technical Officers Comments

 

Given the scope of works, no internal referrals to other Council departments were deemed necessary.

However in preparing this assessment CPSD consulted with City Plan Heritage who confirmed that the parapet elements of the subject building are not of any heritage significance.

 

7.    Master Planning Requirements

 

Not applicable.

 

8.    Relevant Environmental Planning Instruments

 

The development application has been against the provisions of the following relevant planning documents:

 

•      State Environmental Planning Policy 65

•      Randwick Local Environmental Plan 1998

•      Draft Randwick Local Environment Plan 2012

 

Compliance with these instruments is considered below:

 

(a)    State Environmental Planning Policy 65 - Design Quality of Residential Flat Development

This Policy has been reviewed and is not applicable as this proposal does not involve the substantial redevelopment or refurbishment of an existing residential flat building.

 

(b)    Randwick Local Environmental Plan 1998 (consolidated)

The site is zoned Residential 2A (”Residential A”) under Randwick Local Environmental Plan 1998 (“RLEP 1998”). Pursuant to Clause 10 of the RLEP 1998, "multi-unit housing" is a prohibited use within the current zoning. The RLEP defined multi-unit housing as:

 

‘three or more dwellings, whether or not attached.’

 

Notwithstanding, we are satisfied the building predates RLEP 1998 and enjoys existing use rights under the Environmental Assessment Act and associated Regulation. Consequently consideration can be given to this application.

 

The objectives of the Residential 2A zone are to:

 

(a)    Provide a low density residential environment, and

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

(c)   Protect the amenity of existing residents, and

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

(e)    Encourage housing affordability, and

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

 

No circumstances have been identified to indicate the proposal is contrary to these objectives.

 

None of the remaining provisions of RLEP 1998 are otherwise relevant given the scope of works. It is noted that the building is not a listed heritage item in Schedule 3, and is not located in the vicinity of any such item.

 

(c)       Draft Randwick Local Environmental Plan 2012

This draft instrument was publicly exhibited from 21 February, 2012 until 2 April 2012 and is therefore a formal matter for consideration under section 79C of the Environmental Planning and Assessment Act.

 

With regard to the subject site, key provisions of the DLEP are:

 

•      Zone - R3 Medium Density Residential

•      FSR control - 0.75:1

•      Height control - 9.5m

•      Not a listed heritage item

•      Not within a Heritage Conservation Area

 

Under the DLEP a residential flat building would be a permissible use within the R3 zone. The objectives for the R3 Medium Density Residential zone are to:

 

•      Provide for the housing needs of the community within a medium density                  residential environment.

•      Provide a variety of housing types within a medium density residential       environment.

•      Enable other land uses that provide facilities or services to meet the day   to day needs of residents.

•      Recognise the desirable elements of the existing streetscape and built       form or, in precincts undergoing transition, contribute to the desired       future character of the area.

•      Protect the amenity of residents.

•      Encourage housing affordability.

•      Enable small scale business uses in existing commercial buildings.

 

  No circumstance has been identified that indicate the proposal is contrary to any provision of the Draft LEP.

 

8.1 Policy Controls

Multi-Unit Housing Development Control Plan

This DCP does not strictly apply as the site is not zoned either Residential 2B or 2C under RLEP 1998. Notwithstanding, it provisions have been considered given that this application relates to a residential flat building.

 

The subject building generally meets the characteristics for a pre World War 2 flat building as identified at section 2.1.3 and 2.1.4 of the DCP due to its from, scale and presentation, and particularly due to the inclusion of the following design element:

 

walls of dark red brick or pastel shades with geometric brick bonding providing art deco trims at parapet or around central entry bay.

 

The parapet walls, with their brick pattern detailing, do contribute to the visual presentation of the existing building. However the building is not a listed heritage item and is not located within a heritage conservation area. Further there are similar buildings adjoining the site, and in close proximity to it, that do not include any such parapet treatments.

 

Therefore while the streetscape presentation of the subject building would alter with the loss of these parapet elements, the overall visual qualities of the immediate locality would not diminish. This outcome is therefore generally consistent with 'desired future character ' objectives noted at section 2.1.1 of the DCP.

 

8.2    Council Policies

Section 94A Development Contributions Plan

This application is exempt from a levy under Council’s plan as it falls into the category of works valued less than $100,000.

 

9.    Environmental Assessment

 

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

 

Environmental Assessment"

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Refer to Section 8 above.

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

Refer to Section 8 above.

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

Refer to Section 8.1 above.

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, and by conditions provided in the recommendation to this report.

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

No adverse outcomes for the natural or built environment, or the amenity of adjoining sites or the wider locality have been identified.

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

The building as proposed to be modified is considered to 'fit' the locality. No circumstances have been identified to indicate that the site attributes are not conducive to the development.

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

Refer to Section 5 above.

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

No circumstances have been identified to indicate this proposal would be contrary to the public interest.

 

Relationship to City Plan

 

The relationship with 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 Development Application has been assessed having regard to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and the relevant statutory and policy planning controls and is considered to be satisfactory.

 

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/229/2012 for the demolition of two parapet walls of a residential flat building at No. 44 Wride Street, Maroubra, 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 (received)

SK01-Dwelling Side Elevation

-

12.04.2012

SK02-Dwelling Street Elevation

-

12.04.2012

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

3.       The colours, materials and finishes of the external works are to match those of the existing building.

 

Long Service Levy Payments

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

 

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

 

Security Deposits

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

 

·           $1,000.00       -      Damage / Civil Works Security Deposit

 

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

 

The developer/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 and other assets 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 Development Engineer upon issuing of an occupation certificate or completion of the civil works.


 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia & Relevant Standards

6.       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).

 

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.

 

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

 

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

 

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

 

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

 

Certification and Building Inspection Requirements

7.       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.

 

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

 

b)     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

 

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

 

 

Construction Site Management

8.       A Construction Site Management Plan must be developed and implemented throughout the site works, to Council’s satisfaction. The construction site management plan must include the following measures, (as applicable):

 

·          location and construction of temporary site fencing / hoardings;

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          details of proposed sediment and erosion control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          location and size of waste containers/bulk bins;

·          provisions for temporary stormwater drainage;

·          construction noise and vibration management;

·          construction traffic management details;

·          provisions for temporary sanitary facilities.

 

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.

 

Service Authority Requirements

 

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.

 

9.       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 authorities.

 

Inspections during Construction

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

 

Building & Demolition Work Requirements

11.     All demolition and building work associated and activities must be carried out in accordance with the following requirements:

 

·          Occupational Health & Safety Act 2000 & Regulations

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

·          WorkCover NSW Requirements, Guidelines and Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

·          The Protection of the Environment Operations Act 1997

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

·          DECC/EPA Waste Classification Guidelines

·          Randwick City Council’s 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.

 

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

 

12.     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 be submitted to the Principal Certifying Authority (PCA) and Council, 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.

 

Removal of Asbestos Materials

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

 

·           The requirements of WorkCover NSW and Randwick City Council’s Asbestos Policy.

 

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

 

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

 

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

 

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

 

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

 

Public Safety & Site Management

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

 

·           Public safety must be maintained at all times and public access to any demolition and building works, materials and equipment on the site is to be restricted. If necessary, a temporary safety fence or hoarding is to be provided to protect the public. 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.

 

·          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.

 

·          Site fencing, bulk bins/waste containers and other articles 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 site fencing, waste container or other articles in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

Site Signage

15.     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

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Additional requirements for all development

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

Internal fit-out work only within a commercial or industrial development, located in a commercial or industrial zone, which is not audible within any residential dwelling or commercial or industrial premises

·   Monday to Saturday - No time limits (subject to column 1)

·   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.

 

Building Encroachments

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

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

 

Occupation Certificate Requirements

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.

 

Fire Safety Certificate Requirements

19.     Prior to issuing an interim or final Occupation Certificate, a single and complete Fire Safety Certificate, which encompasses all of the essential fire safety measures contained in the fire safety schedule must be obtained and be submitted to Council, in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000.  The Fire safety Certificate must be consistent with the Fire Safety Schedule which forms part of the Construction Certificate.

 

A Fire Safety Statement must be provided to the Council on an annual basis, each year following the issue of a Fire Safety Certificate, which confirms that all the fire safety measures are operating in accordance with the relevant standards of performance.

 

A copy of the Fire Safety Certificate/Fire Safety Statement must be displayed in the building entrance/foyer at all times and a copy must also be forwarded to Fire and Rescue NSW.

 

GENERAL ADVISORY NOTES

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

 

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

 

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

 

A1      Building or excavation work must not be commenced until;

 

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

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

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

 

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

 

A2      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA), Disability (Access to Premises – Buildings) Standards 2010 and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards.  You are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A3      Any proposed amendments to the design and construction of the building may require a new development application or a section 96 amendment to the existing consent to be obtained from Council, before carrying out such works

 

A4      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).

 

A5      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.

 

A6      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 in a public place.

 

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

 

A7      There are to be no emissions or discharges from the premises, which will give rise to an environmental or public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

A8      In existing buildings, the levels of fire and occupant safety should be upgraded where necessary and details should be incorporated in the Construction Certificate to the satisfaction of the Certifying authority.

 

Where the levels of accessibility to existing buildings do not meet current standards, if practicable, the level of accessibility should also be upgraded in conjunction with the proposed development (e.g. via the installation of a 1:8 access ramp within the building) and details included in the construction certificate application.

 

Building owners, applicants and builders are advised to liaise with the appointed Certifying Authority prior to lodgement of the Construction Certificate.

 

A9      A separate development application and construction certificate or a complying development certificate (as applicable) must be obtained if the premises is to be used for any of the purposes detailed below:

 

·       All food businesses (including premises used for the sale, storage, preparation and distribution of food and drinks)

·       Hairdressing salons, Beauty salons, Businesses involving Skin Penetration & Piercing, Massage businesses

·       Licensed premises, places of public entertainment and hotels

·       Places of Shared Accommodation (including Boarding / Lodging Houses, Bed & Breakfast businesses, Backpackers, Residential Hotels or the like

·       Cooling Towers or Warm Water Systems

·       External plant and equipment which is not encompassed in the development consent

·       Business providing any form of sexual service (i.e. brothel or the like).

 

Business premises which are used for any of these purposes must comply with relevant public health and safety legislation and requirements and they must be registered with Council prior to an Occupation Certificate being issued for the development. The relevant registration and inspection fee is also required to be paid to Council in accordance with Council’s adopted Pricing Policy.

 

The applicant/owner is advised to engage the services of a suitably qualified and experienced Acoustic consultant, prior to finalising the design and construction of the development, to ensure that the relevant noise criteria and conditions of consent can be fully satisfied.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                12 June 2012

 

 

Development Application Report No. D52/12

 

 

Subject:                  225 Boyce Road, Maroubra (DA/97/2012)

Folder No:                   DA/97/2012

Author:                   Plandev Pty Ltd, Thomas Mithen     

 

Proposal:                     Construction of two detached two storey dwelling houses fronting Boyce Road and Boyce Lane with basement level garages and associated site works

Ward:                      Central Ward

Applicant:                Mr J Blazun

Owner:                         Mr J Blazun & Mrs M Blazun

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application is reported to Council and an independent assessment of this application, including preparation of this report, was completed by Plandev (urban planning consultants) at the request of Council’s Manager of Development Assessment.

 

On 5 August 2010, Council granted approval (DA 293/2010) for a Torrens title subdivision of the site into two lots fronting Boyce Road and Boyce Lane. At the time of writing a formal subdivision application had not been approved for the site.

 

This report considers an application seeking approval for construction of two detached two storey dwelling houses fronting Boyce Road and Boyce Lane with basement level garages and associated site works.

 

The proposal complies with the relevant clauses in Randwick LEP 1998, and is generally compliant with the objectives and performance requirements in Randwick Council Dwelling Houses and Attached Dual Occupancies DCP.

 

The built form of both dwellings in terms of height, bulk and scale is consistent with existing dwellings on the adjoining properties to the west and the wider area which is predominantly characterised by two storey dwellings over basement garages.

 

In response to concerns raised by Plandev and a neighbours submission in regard to view loss and streetscape presentation, the applicant submitted amended plans which increased the front setback of both dwellings. The changes can be achieved without compromising the integrity of the design layout. 

 

The proposal is acceptable and has been recommended for approval, subject to conditions.

 

2.    The Proposal

 

The proposal is for construction of detached two storey dwelling houses fronting Boyce Road and Boyce Lane with basement level garages and associated site works.

 

The proposed dwellings will have a gross floor area (GFA) of about 242m2 (excluding plantroom) with living areas at ground level and bedrooms at the first floor.

 

3.    The Subject Site and Surrounding Area

 

The site is located on the southern side of Boyce Road with a secondary frontage, at

the rear boundary, to Boyce Lane (refer to the Aerial Photo at Figure 1).

 

The allotment has a frontage to both streets of 10.97m, a depth of 37.07m and a total site area of 749m2. The site falls from Boyce Street to Boyce Lane with a change in level of about 4.5m Existing development comprises a modest single storey dwelling set centrally on the site, within minor outbuildings. There is no significant vegetation over the site.

 

The allotment common with the eastern site boundary supports a two storey dwelling

house. Land immediately to the west has been subdivided in manner similar to that approved under DA 293/2010 with each resultant block now supporting a dwelling house. The wider locality is generally residential in character with a subdivision pattern typically comprised of allotments similar in area and dimension to those approved under DA 293/2010 (refer to the Cadastral Plan at Figure 2).

 

 

4.    Site History

 

On 5 August 2010, Council granted consent under delegated authority for subdivision of the site into two allotments having frontage to Boyce Road and Boyce Lane (DA 293/2010).

 

On 22 November 2011, Council refused consent for an application seeking approval to remove a condition requiring demolition of the existing dwelling house, prior to issue of the subdivision certificate.

 

5.    Community Consultation

 

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

 

It was advertised on the site for a period of 14 days between 20 February 2012 and 5 March 2012. The description of the development inadvertently excluded a reference to the dwelling fronting Boyce Road. The application was subsequently re-notified for a period of fourteen days from 20 March to 3 April. There were two submissions received from the owner/occupier at No. 223 Boyce Road. The concerns raised are addressed below.

 

5.1 Objections

Two submissions were received from No. 233 Boyce Road (adjoining to the west fronting Boyce Road).

 

The first submission raised concerns with the loss of views and privacy impacts. The second submission re-iterated the initial concerns and suggested changes in terms of building setback and view sharing and the use of highlight windows and open balustrades. An on-site meeting was held with the landowner at No. 223 to discuss the issues raised the submissions.

 

The relatively underdeveloped nature of the site means the occupants of the dwelling at No. 233 enjoy distant ocean views from their first floor windows across the side boundary. The landowner at No. 223 was under the impression that their views would never be built out because that was the advice received from the sales agent at the time they purchased the property. The loss of view from No. 223 is not sufficient reason for refusal of the application. The view impacts are discussed later in the report. The potential privacy impacts are addressed by incorporating some additional screening measures into the design as a condition on the approval.

 

 

Figure 1 – Aerial Photo

 

 

Figure 2 – Cadastral Plan

 

6.    Technical Officers Comments

 

The application has been referred to Council Development Engineer and the following comments have been provided:

 

Subdivision

A Development Application for Torrens Title Subdivision (DA/293/2010) for this site was approved by Council (5/8/2010) however there appears to be no formal subdivision application lodged and thus no subdivision plans.

 

Development Engineering does not support the approval of the construction of new dwellings on a subdivided site if a formal subdivision application has not been approved.

 

Road Widening Boyce Lane

In accordance with the DA for Torrens Title Subdivision (DA/293/2010) the Lot fronting Boyce Lane (Lot 12) is subject to dedicating Council a 2.0m wide strip of land along the Boyce Lane Frontage.

 

As there appears to have been no formal subdivision application lodged as yet it is unclear whether the submitted plans for DA/97/2012 has taken into consideration the required 2.0m wide road dedication in regards to setbacks etc of the proposed dwelling in Boyce Lane in relation to the new boundary.

 

Drainage

As in accordance with the DA for Torrens Title Subdivision (DA/293/2010) the Lot fronting Boyce Lane (Lot 12) is subject to on-site detention.

 

Landscape

There are no existing trees, (covered by Council's Tree Preservation Order), that will be affected by this proposal with all vegetation on site being deemed insignificant by Council’s Landscape Development Officer.

 

7.    Master Planning Requirements

 

Not Applicable

 

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:

 

Clause 10 Zone No. 2A (Residential A Zone)

 

(1) The objectives of Zone No 2A are:

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

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

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

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

(e)  to encourage housing affordability, and

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

 

The locality is predominantly characterised by two storey residential dwellings over basement parking or garages in the front setback.  The proposal is compatible with the predominant built form context and is considered satisfactory in this regard.

The desirable attributes would be considered to include visual and acoustic privacy, solar access, significant view corridors and visual amenity.  The replacement of a single storey dwelling with two storey dwellings above basement parking will alter the visual appearance of the site and its built form relationship to adjoining properties. However, the proposal is consistent with the development pattern adjoining to the west and the wider area. Subject to incorporating measures to minimise visual privacy and view loss the proposal retains a reasonable standard of amenity for adjoining properties. 

 

The proposal will provide two new dwellings that are in keeping with the existing housing stock, not directly affecting the affordability of housing.

 

It is considered that objectives 1(d) and (f) do not apply as the proposal is not for any alternative use for the community, or any alternate home use.

 

Clause 40 Earthworks

 

When determining an application for consent to carry out earthworks the consent

authority must consider:

 

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

 

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

 

The proposal includes a significant amount of earthworks and excavation as part of the works associated with the application.  Council’s Engineers have reviewed the application and provided comment as detailed in Section 6. 

 

8.1 Policy Controls

a.    Development Control Plan – Dwelling Houses and Attached Dual occupancies (as amended 20 December 2002) (DCP).

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

 

Clause

Preferred Solution

Assessment

3.1

Solar Access and Energy Efficiency

S1

New dwellings comply with 3.5 stars on the NatHERS.

A BASIX certificate for each dwelling is provided with the application.

 

Complies

S2

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

Boyce Road

The proposed dwelling will receive limited sunlight to its private open space during the winter solstice due to its north-south orientation.

Non-compliant – see discussion below

 

Boyce Lane

The proposed dwelling will receive adequate sunlight to its private open space during the winter solstice.

Complies

 

S2,8

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

Boyce Road

The lounge will receive borrowed sunlight from the adjoining north facing balcony. The first floor balcony overhang will restrict direct sunlight to the lounge. The family/dining area will face south resulting in limited sunlight penetration.

Non-compliant – see discussion below

 

Boyce Lane

The dwelling will receive sufficient sunlight to the north facing kitchen and adjoining family/dining area.

Complies

S9

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

No known impact to solar collectors.

 

 

Complies

S9

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

The proposed development will not affect any north facing living room windows on adjoining properties to the east and west.

The shadow diagrams fail to show the location of north facing windows at the rear of the dwellings on the southern side of the laneway (Nos. 310 & 312 Maroubra Road).

Complies – see discussion below

S9

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

Boyce Road

At 9:00am during the winter solstice the proposed dwelling will cast a shadow over the rear yard/swimming pool at No. 223 adjoining to the west. By midday the shadow will move further east and affect the rear yard of the subject site. At 3:00pm the shadow affects the rear yard of No. 227.

Non-compliant – see discussion below

 

Boyce Lane

The shadow diagrams fail to show the location of the private open space at the rear of dwellings on the southern side of the laneway (Nos. 310 & 312 Maroubra Road).

Non-compliant – see discussion below

4.1

Landscaping

 

S1

40 % of site provided as landscaped area

53% for the Boyce Road dwelling.

52% for the Boyce Lane dwelling.

Complies

S1

25m² of private open space provided.

Both dwellings have adequate areas of private open space.

 

Complies

S1

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

The rear yard for both dwellings satisfies this requirement.

 

Complies

S1

Open space behind the building line.

Both dwellings have open space in the rear yard, located behind the building line.

 

Complies

S6

20% of the site area is permeable.

47% for the Boyce Road dwelling.

44% for the Boyce Lane dwelling.

 

Complies

4.2

Floor area

 

S1

0.6:1 (221m2)

0.72:1 (267m2) Boyce Road

0.75:1 (276m2) Boyce Lane

 

(the above calculations include the plant room in the basement)

 

Non Compliant, see below.

4.3

Height, Form and Materials

S1

External wall height maximum 7m

6.95m - Boyce Road

Complies

 

7.6m - Boyce Lane

Non compliant, see below.

S1

External wall height to the rear maximum 3.5m.

N/A

S3

Cut or fill maximum 1m.

> 1m

 

Non compliant, see below.

S3

No excavation within 900 mm of a side .boundary.

>900 mm

Complies

S3

No excavation within 3m of a rear boundary.

No excavation is within 3m of the rear boundary for either dwelling.

Complies

S4

The length of a 2nd storey maximum 12m less than 1.5m from a southern boundary.

The eastern elevation for both dwellings is 14m in length and 1.2m from the boundary

 

Non compliant, see below

4.4

Building setback

 

S1

Front setback average of adjoining dwellings or 6m

5.5m (to the garage) 7.5m (to the building) - Boyce Road

3m (to the garage) 6m (to the building) - Boyce Lane

Non compliant, see below.

S2

Rear boundary setback at least 4.5m

10m - Boyce Road

11m –Boyce Lane

Complies

S3

Side setbacks be 900mm at ground level.

>1m

Complies

S3

Side setbacks be 1.5m at second floor level.

1.2-1.8m western elevation

1.2m eastern elevation

Partial Non compliance, see below

S3

Side setbacks are 3.0m at third floor level.

The provision of a partial out of ground basement car park results in a requirement for the upper levels to be further setback to achieve technical compliance with the DCP. 

Non compliant, see below.

4.5

Visual and Acoustic Privacy

S1

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

It is recommended that a condition be imposed requiring minimum fixed obscure glazing up to 1.5m for the first floor main bedroom windows along the western elevation.

 

Complies

S1

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

It is recommended that a condition be imposed on any approval requiring screen planting along the eastern, western and southern boundaries of the rear yard to assist with screening potential views from first floor balconies.

Complies

S1

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

Conditions to that effect are recommended on the approval.

 

Complies

4.6

Safety and security

S1,2,3

Front doors of dwellings are visible from the street.

Both are clearly visible.

Complies

S1,3

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

The lounge room in both dwellings will overlook the street.

Complies

S2

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

Standard conditions have been included.

4.7

Garages and Driveways

 

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

Two spaces are provided per dwelling.

 

 

 

Complies

S1

Parking spaces have a min. dimension of 5.5m x 2.5m.

The carpark dimensions for both dwellings are 6m x 7m approximately.

Complies

 

Driveway minimum width of 3m and side setback 1m

5.5m and side setback 1.5m - Boyce Road

6m and side setback 1.1m - Boyce Lane

Complies

S1

Driveway maximum width of 3m at the boundary.

5.5m Boyce Road 

6m Boyce Lane

Non compliant, see below.

S1

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

Checked by Council’s Engineer.

Complies

S2

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

The garage is located in front of the building line for both dwellings but behind the upper level balconies.

 

Non compliant, see below.

 

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

 

Boyce Road – 50%

Boyce Lane – 55%

 

Non compliant, see below.

4.8

Fences

S1

Sandstone fences and walls are retained/recycled.

 

N/A

 

 

Solar Access

The private open space and north facing living areas are to receive at least 3 hours sunlight between 9:00am and 3:00pm on 21 June. The subject site has a north-south orientation which benefits the dwelling at Boyce Lane because its internal living spaces and rear yard face north resulting in ample direct sunlight. However, the dwelling fronting Boyce Road will receive little sunlight to its rear yard because it faces south. The internal living spaces, except for the front lounge will receive limited sunlight. This is typical of other similar dwellings in Boyce Road to the west. However, the non-compliance is offset by the generous size of the rear yard and spacious internal living areas which will receive adequate daylight and cross ventilation providing adequate amenity of future occupants.

 

The shadow impacts to adjoining properties are addressed as follows:

 

Boyce Road

The principal outdoor recreation space of the neighbouring dwellings are to receive at least 3 hours sunlight between 9am-3pm on 21 June, or not further reduced. 

 

The adjoining property to the west (No. 223) currently enjoys morning sunlight to part of its rear yard during the winter solstice. The swimming pool is mostly overshadowed by the boundary fence. There will be reduced morning sunlight to the rear yard of No. 223 during the winter solstice as a result of the proposal. At 12 noon the existing house at No. 223 will cast shadow over its own rear yard and swimming pool. Between 2:00pm and 3:00pm the rear yard may receive some direct sunlight during the winter solstice. However, the shadow diagrams submitted with the DA do not show the shadow impact from its western neighbour at No. 221. There is a reasonable expectation that a two storey dwelling house on the DA approved allotment fronting Boyce Road will have some overshadowing impact to its neighbours given the north-south orientation. The proposal is sited in a manner that is generally consistent with Council’s setback requirements to the boundaries and it complies with the height control.  The shadow impact to the rear yard of No. 223 is therefore acceptable.  

 

The existing house on the adjoining property to the east (No. 227) is in the middle of the site and has a large landscaped garden and garage in the front setback to Boyce Road. The proposed development will cast additional shadow over its front yard in the afternoon. However, it will receive a minimum of 3 hours direct sunlight between 9:00am and 12 noon during the winter solstice. The proposal is acceptable with regards to the overshadowing of No. 227.

 

Boyce Lane

The morning sunlight to the rear yard of the adjoining property to the west (No. 223A) will be affected during the winter solstice due to overshadowing caused by the proposed dwelling fronting Boyce Road. However, it is likely to receive sunlight from 12 noon to 3:00pm which complies with Council’s requirements. In addition, the dwelling on Boyce Road complies with Council’s height control. The proposal is therefore acceptable in regard to shadow impacts to No. 223A. 

The rear yard of the adjoining property to the east (No. 227) will be overshadowed in the afternoon during the winter solstice with the greatest impact being at 3:00pm. However, it will receive adequate sunlight before midday. The proposed dwelling represents a minor non-compliance (0.5m) with the external wall height control at its southern end. A compliant building is not likely to alter the shadow impact to any significant degree.

 

There may be some additional overshadowing of rear yards of properties to the south across Boyce Lane. However, these properties are likely to have a minimum of 3 hours sunlight during the winter solstice.

 

The shadow impacts to No. 227 and properties across Boyce Lane are acceptable.  

 

Floor Space Ratio

 

Boyce Road

The proposed dwelling will have a gross floor area (GFA) of 267m2 (including the plant room) which equates to an FSR of 0.73:1. The plant room is considered surplus to the needs of the future occupants and is included in the GFA calculation as it is more likely to be used for storage purposes. Council’s preferred solution is 0.6:1.  The non-compliance equates to 46m2 above the allowable GFA.  Approximately 54% of the non-complying GFA is contained within the basement (i.e. proposed plant room) and therefore is not readily visible.  The objective of the DCP is to ensure development are not excessive in bulk or scale but are compatible with the existing character of the locality. The proposed dwelling represents a garage level and two habitable storeys. The proposal is generally consistent with the setback controls and has generous amount of landscaping in excess of Council’s minimum requirements.  The scale of the building sits comfortably with the adjoining dwellings to the west and other dwellings in the wider area. The maximum FSR control for dwelling houses in the low density residential zone under draft LEP 2012 is 0.75:1. The proposed development complies with the draft LEP control which is currently on public exhibition and should be afforded some weight in the assessment. The proposed FSR is acceptable.

 

Boyce Lane

The proposed dwelling will have a gross floor area of 277m2 (including the plant room of 34m2) which equates to an FSR of 0.75:1. The non-compliance equates to 57m2 above the allowable GFA.  Approximately 60% of the non-complying GFA is contained within the basement (i.e. proposed plant room) and therefore is not readily visible.  The scale of the building sits comfortably with the adjoining dwellings to the west and other dwellings in the wider area. As stated above the maximum FSR control for dwelling houses in the low density residential zone under draft LEP 2012 is 0.75:1. The proposed development complies with the draft LEP control which is currently on public exhibition. The proposed FSR is acceptable.  

 

External Wall Height

 

The proposed Boyce Lane dwelling will have a maximum external wall height of 7.6m which exceeds Council’s preferred solution by 0.6m. The non-compliance relates to a 3m length of wall at the southern end of the dwelling which represents 21% of the total wall length. The departure from the control is due to the steep topography fronting Boyce Lane. The non-compliance may contribute to some minor additional overshadowing to the adjoining properties however, a complying development is not likely to make any significant difference to the overshadowing impacts. The external wall height for the proposed Boyce Lane dwelling is acceptable.

 

Cut and Fill

The proposed development will involve excavation up to 2m for the basement garage at Boyce Road and up to 3m for the basement garage at Boyce Lane. The land has a significant fall at its southern end fronting Boyce Lane and excavation is necessary to provide a functional floorplate below existing ground lines. The garage at Boyce Lane will be elevated above existing ground level but it is consistent with adjoining property to the west. Subject to the imposition of appropriate conditions the proposed excavation is for both dwellings is acceptable.

 

Building Setback

 

Front Setback

The front setback is generally consistent with the development pattern to the west along Boyce Road and Boyce Lane. However, in order to maximise view sharing without compromising the integrity of the design it is proposed to increase the front setback for both dwellings by up to 1m. Refer to discussion under View Loss.

 

Side Setback

The first floor along the western elevation of both dwellings is setback between 1.2m-1.8m. The partial non-compliance relates to a 9m section of the wall which represents 60% of the total wall length. The dwellings on the adjoining properties to the west (Nos. 223 & 223A) are setback 1m from the common boundary which is less than the proposal. The proposed development is an improvement compared to other properties in the surrounding area which have reduced side setbacks. The proposed dwellings will allow adequate natural light and ventilation. The first floor side setbacks are acceptable. 

 

Driveway and Garages

The driveway is required to be a maximum 3m width at the boundary and not to occupy more than 35% of the width of the allotment. The proposal does not satisfy the preferred solution for both dwellings due to the limited width of the site fronting Boyce road and Boyce Lane. Notwithstanding the driveway is generally consistent with adjoining properties to the west. The driveway width is required to enable efficient and safe manoeuvring of vehicles into and out of the garage. The proposal is therefore acceptable with regard to driveway width.  

 

The proposed Boyce Lane dwelling will have a garage forward of the building line that will dominate the front of the property. However, this form of development has already been approved by Council on the adjoining property to the west. In any event the laneway is a ‘no through road’ and properties to the south have their rear yards adjoining the laneway.  Given the proposal is consistent with the context of existing development in the laneway the garage on Boyce Lane is acceptable.

 

The proposed Boyce Road dwelling will also have a garage slightly forward of the front of the building. However, it will be excavated and not readily visible from the street. This type of development is typical of dwellings adjoining to the west and in the wider area. The proposal is therefore acceptable.

 


View Loss

There is a single storey dwelling house in the middle of the subject site which means the occupants of the existing dwellings at Nos. 223 & 223A currently enjoy distant neighbourhood and ocean views from their upper level windows and front balconies across the side common boundary with the site.  It is inevitable that there will be a loss of views from the adjoining properties as a result of the proposed development.

 

The landowner at No. 223A objected on the grounds of view loss. An assessment on the impact of views has been undertaken from the property at No. 223 and is provided below.

 

Ground floor

·      Front terrace – views across front boundary to the street

·      Front terrace (near front entry) – views across the side boundary of foreground vegetation at 227 and distant ocean glimpses

·      Study window – views across the side boundary of foreground vegetation at 227 and distant housing roofscape and ocean views beyond

 

First Floor

·      Front balcony – view across front boundary of house of the streetscape and oblique distant housing roofscape and ocean views across side boundary

·      Study/lounge - views across the side boundary of foreground vegetation at 227 and distant housing roofscape and ocean views beyond

·      Bathroom – no views

·      2nd bedroom - views across the side boundary of foreground vegetation at 227 and distant housing roofscape and ocean views beyond

·      Master bedroom- views across the side boundary of foreground vegetation at 227 and distant housing roofscape and ocean views beyond

 

The properties at the southern end of Boyce Road sit atop a ridge which falls to the coast about 1.5km to the south resulting in distant ocean views to the south. The subject property is located close to the top of the ridge and the proposed development will affect the views of its neighbours at No. 223 as does No. 223 blocks the views from its western neighbour at No. 221.

 

The views currently enjoyed from No. 223 are generally minor to moderate as they are distant views of a housing roofscape in the foreground and the ocean beyond. In some cases the water views are limited to glimpses of the ocean. Notwithstanding, they do provide amenity for the occupants at No. 223. The proposed dwelling at Boyce Road complies with the height control and is similar in height, bulk and scale to its neighbours. It is therefore considered a reasonable development outcome for the site. Whilst views from bedrooms are not as highly valued as views from living areas it is considered that an increased front setback would assist in preserving some view loss from the first floor master bedroom. This can be achieved without compromising the design of the first floor layout. In response to concerns raised by Plandev the applicant submitted amended plans (sketches dated 24 April 2012 Rev B) showing a 1m setback at the first floor of the proposed dwelling fronting Boyce Road. The proposal is therefore acceptable.

 

The dwelling at Boyce Lane is forward of the existing dwelling at 223A Boyce Lane. The front part of the proposed dwelling at Boyce Lane exceeds the maximum wall height due to the steep topography. In response to concerns raised by Plandev the applicant submitted amended plans (sketches dated 24 April 2012 Rev B) showing a 1m setback at ground and first floor levels to improve the streetscape relationship and minimise view impacts from the front first floor balcony at No. 223A Boyce Lane. The increased front setback can be achieved without compromising the integrity of the design. The proposal is therefore acceptable.

 

8.2 Council Policies

Section 94A Development Contributions

The Section 94A Development Contributions Plan, effective from 2 July 207, is applicable to the proposed development. In accordance with the plan and based on the original cost of the work, the following monetary level would be payable:

 

Category

Cost

Levy

S94A Levy

Development cost more than $200,000

$999,800

1%

$9,998

 

9.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

The site is zoned 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

The site is zoned R2 Low Density under draft LEP 2012. The proposed development is permissible with consent in the R2 zone.

 

Max. FSR 0.75:1

The proposed development complies with the maximum FSR under draft LEP 2012.

 

Max. Height 9.5m

The proposed development complies with the maximum height control under draft LEP 2012.

 

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 are discussed in this report.

 

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

 

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

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

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

 

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

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

The proposal promotes the objectives of the zone and will not result in any significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered to be in the public interest.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4          Excellence in urban design and development.

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

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development is consistent with the development pattern to the west and the wider area which is characterised by two storey dwelling houses over basement garages. 

 

The non-compliance with the FSR control is acceptable given some of the floorspace is underground and not readily visible. The proposed built form sits comfortably in its context. 

 

There is no doubt the proposed development will have an impact on the adjoining properties and significantly alter the appearance of the site which currently contains a single storey dwelling house.

 

In response to concerns raised by Plandev in relation to the streetscape and view sharing the applicant submitted amended sketches showing a greater front setback for both dwellings. Subject to the incorporation of design measures to reduce privacy impacts the proposed development is supported.

 

The application is therefore 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. 97/2012 for the Construction of two detached two storey dwelling houses fronting Boyce Road and Boyce Lane with basement level garages and associated site works, at No. 225 Boyce Road, Maroubra, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Proposed Front & Rear Two Storey Dwelling with basement Garage DA01 Ground floor Plans & Site Analysis Plans, Basement Floor Plan Revision A

DC Design Dimitar Chochorovski

April 2012

Proposed Front & Rear Two Storey Dwelling with basement Garage DA02 First Floor Plan, Section 1-1 Revision A

DC Design Dimitar Chochorovski

April 2012

Proposed Front & Rear Two Storey Dwelling with basement Garage DA03 East Elevation, West Elevation Revision A

DC Design Dimitar Chochorovski

April 2012

Proposed Front & Rear Two Storey Dwelling with basement Garage DA04 North Elevation, South Elevation, Landscaped Area Calculation Diagram/Site Plan Revision A

DC Design Dimitar Chochorovski

April 2012

Proposed Front & Rear Two Storey Dwelling with basement Garage DA05 Site Plan/Shadow Diagram Revision A

DC Design Dimitar Chochorovski

April 2012

Proposed Front & Rear Two Storey Dwelling with basement Garage DA06 Existing Street/Front Setback Analysis Boyce Road

DC Design Dimitar Chochorovski

October 2011

Proposed Front & Rear Two Storey Dwelling with basement Garage DA07 Existing Street/Front Setback Analysis Boyce Lane

DC Design Dimitar Chochorovski

April 2012

Proposed Front & Rear Two Storey Dwelling with basement Garage DA08 North Elevation Boyce Road

DC Design Dimitar Chochorovski

April 2012

Proposed Front & Rear Two Storey Dwelling with basement Garage DA09 South Elevation Boyce Lane

DC Design Dimitar Chochorovski

April 2012

Proposed Front & Rear Two Storey Dwelling with basement Garage DA010 East Elevation Boyce Lane

DC Design Dimitar Chochorovski

April 2012

Proposed Front & Rear Two Storey Dwelling with basement Garage DA011 Shadow East Elevation Boyce Lane

DC Design Dimitar Chochorovski

April 2012

Outline of the Modified (reduced) First floor plan for No. 225A Boyce Lane Maroubra Dwg No. SK 01A

DC Design

dated 24 April 2012 Revision B

Outline of the Modified (reduced) First floor plan for No. 225A Boyce Lane Maroubra Dwg No. SK 01B

DC Design

dated 24 April 2012 Revision B

Outline of the Modified (reduced) First floor plan for No. 225 Boyce Road Maroubra Dwg No. SK 01

DC Design

dated 24 April 2012 Revision B

 

BASIX Certificate

No.

Dated

225A Boyce Road

415361S

10 February 2012

225 Boyce Road

412030S

10 February 2012

 

Amendment of Plans & Documentation

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

 

a.   The ground floor study room window of the dwelling fronting Boyce Road should is to be fixed obscure glazing to minimum of 1.5m to minimize privacy impacts and viewing into the opposite study window at No. 223 Boyce Road.

b.   The first floor main bedroom window along the western elevation of the dwelling at 225 Boyce Road shall be fixed obscured glazing to a minimum of 1.5m from the floor level to minimize privacy impacts to the adjoining property at No. 223 Boyce Road.

c.   The first floor main bedroom window along the western elevation of the dwelling at 225A Boyce Lane shall be fixed obscured glazing to a minimum of 1.5m from the floor level to minimize privacy impacts to the adjoining property at No. 223A Boyce Lane.

d.   The first floor windows to bedrooms 3 and 4 along the eastern elevation of the dwelling at 225 Boyce Road shall be fixed obscured glazing to a minimum of 1.5m from the floor level to minimize privacy impacts to the adjoining property at No. 223 Boyce Road

e.   The first floor windows to bedrooms 3 and 4 along the eastern elevation of the dwelling at 225A Boyce Lane shall be fixed obscured glazing to a minimum of 1.5m from the floor level to minimize privacy impacts to the adjoining property at No. 223A Boyce Lane.

f.    There is to be no privacy screen along the western edge of the first floor balcony off the main bedroom of the dwellings fronting Boyce Road to maintains views from the master bedroom at 223 Boyce Road

g.   The balconies at the front and rear of the dwelling at 225 Boyce Road shall have transparent glass balustrades to maintain viewlines from the adjoining property at No. 223.

h.   The balconies at the front and rear of the dwelling at 225A Boyce Lane shall have transparent glass balustrades to maintain viewlines from the adjoining property at No. 223A Boyce Lane.

 

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.

 

Subdivision

4.       A formal subdivision application must be submitted to Council for approval in accordance with DA 293/2010 and the subdivision registered with NSW Land & Property Information prior to the issuing of a Construction Certificate. The existing dwelling house and associated structures located on the site shall be demolished prior to endorsement of the subdivision plans. The applicant shall at no cost to Council, dedicate a 2.0m wide strip of land along the Boyce Lane frontage for the purpose of road widening.

 

External Colours, Materials & Finishes

5.       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

6.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $998,000, the following applicable monetary levy must be paid to Council: $9,998.

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposits

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

 

·           $5000.00    -      Damage / Civil Works Security Deposit

 

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

 

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

 

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

 

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

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

 

Smoke Alarms

10.     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

11.     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.

 

Design Alignment levels – Boyce Road frontage

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

 

Pedestrian Entrance – RL 66.30

Driveway Entrance – RL 65.31 (Approx)

 

The design alignment level/s at the property boundary as issued by 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 0923.

 

The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $505.00 calculated at $46.00 (inclusive of GST) per metre of site frontage in Boyce Road. This amount is to be paid prior to a construction certificate being issued for the development.

 

Design Alignment levels – Boyce Lane Frontage

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

 

Match the new kerb level that is to be constructed along the Boyce Lane frontage as part of Subdivision Conditions (DA/293/2010).

 

The design alignment level/s at the property boundary as issued by 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 0923.

 

The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $505.00 calculated at $46.00 (inclusive of GST) per metre of site frontage in Boyce Road. This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

14.     The gradient of the internal access driveway and Council driveway must be not exceed those gradients as shown on the submitted plans/section.

 

1:10 grade for 2.00m from the back of the new Council footpath located adjacent to the Council kerb, then a maximum grade of 1:5 for 5.515m, then a maximum grade of 1:10 for the last 2.00m before the garage slab.

 

Details of compliance are to be included in the construction certificate.

 

Sydney Water

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

 

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

 

Stormwater Drainage - Both Lots

16.     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.

 

         Stormwater Drainage - Lot Fronting Boyce Road

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

 

NOTES:

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

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

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

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

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

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

 

a.       The infiltration/rubble pit shall:-

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

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

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

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

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

 

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

 

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

 

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

 

            Stormwater Drainage - Lot Fronting Boyce Road

18.     Any stormwater runoff which cannot be directed to the kerb and gutter at the front of the property (via the infiltration area as detailed above) shall be discharged either to a separate suitably sized infiltration area. As a guide, infiltration areas which do not have an overflow to the street shall be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area draining to the infiltration area.

            Stormwater Drainage - Lot Fronting Boyce Lane

19.     The site stormwater drainage system for the dwelling fronting Boyce Lane is to be provided in accordance with the following requirements;

 

a)     The stormwater drainage system must be provided in accordance with the relevant requirements of Building Code of Australia and the conditions of this consent, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate.

 

b)     The stormwater must be discharged (by gravity) either:

 

i.     Directly to the kerb and gutter or drainage system located at the front of the subject site in Boyce Lane; or

 

ii.    To a suitably designed infiltration system (subject to confirmation in a geotechnical investigation that the ground conditions are suitable for the infiltration system)

 

c)     Should stormwater, for the dwelling fronting Boyce Lane, be discharged to Council’s street drainage system, an on-site stormwater detention system must be provided, within the site, to ensure that the maximum discharge from the site does not exceed that which would occur during a 1 in 5 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.

 

d)     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.

 

e)     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.

 

f)      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.

 

g)     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.

 

h)     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.

 

i)      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.

 

j)      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.

 

Note: Above ground storage of stormwater is not permitted within basement car parks or store rooms.

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

 

l)      A ‘V’ drain (or equally effective provisions) are to be provided to the perimeter of the property, where necessary, to direct all stormwater to the detention/infiltration area.

 

m)     The site stormwater system must be regularly cleaned and maintained to ensure it operates as required by the design.

 

n)     Mulch or bark is not to be used in on-site detention areas.

 

o)     Site discharge pipelines shall cross the verge at an angle no less than 45 degrees to the kerb line.

 

p)     Should a charged system be required to drain any portion of the site, the charged system must be designed with suitable clear-outs/inspection points at pipe bends and junctions.

 

     Stormwater Drainage - Lot Fronting Boyce Lane

20.     All site stormwater which is discharged into an infiltration/absorption tank and/or discharged from the site, must be taken through a sediment/silt arrester pit. The sediment/silt arrestor pit shall be constructed with:-

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

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

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

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

·        A galvanised heavy-duty screen located over the outlet pipe (Mascot GMS Multi-purpose filter screen or similar)

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

·        The inlet pipeline located on the side of the pit so that the stormwater will discharge across the face of the screen.

·        A sign adjacent to this pit stating that:

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

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

 

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

21.     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

22.     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.

 

23.       Demolition of existing dwelling house and structures

The existing dwelling house and associated structures located on the site shall be demolished prior to commencement of any works.

 

Dilapidation Reports

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

 

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

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

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

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

 

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

 

Construction Noise & Vibration Management Plan

25.     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

26.     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

27.     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

28.     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

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

 

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

 

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

 

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

 

Sydney Water

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

 

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

 

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

 

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

 

Public Utilities

31.     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 – Boyce Road and Boyce Lane

32.      A landscape plan, for each dwelling/lot, 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, maintenance practices (hedging, shaping etc), as well as any other landscape details to describe the proposed works;

 

b)  A predominance of species with low water requirements that can withstand poor quality sandy soils;

 

c)   A total number of 2 x 25 litre (pot size at the time of planting) trees within the site, selecting those species which will attain a minimum height of between 4-7 metres at maturity; and

 

d)   Details of suitable screen planting along the perimeter (south, east & west boundary) of the rear yard to assist in screening the adjoining properties when viewed from the first floor balconies of neighbouring properties.

 

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

33.     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

34.     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

35.     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

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

 

·            Occupational Health & Safety Act 2000 & Regulations

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

·            WorkCover NSW Guidelines and Codes of Practice

·            Australian Standard 2601 (2001) – Demolition of Structures

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

·            Relevant DECCW/EPA Guidelines

·            Randwick City Council Asbestos Policy

 

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

 


Removal of Asbestos Materials

37.     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

38.     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

39.     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

40.     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.

 

41.     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.

 

42.     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

43.     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

44.     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

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

 

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

 

Site Amenities

46.     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.

 

Tree Management

47.     Approval is granted for 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.

 

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.

 

Spa Pool Safety

52.     Spa pools are to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

 

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

53.     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

54.     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

55.     Prior to the issuing of an occupation certificate for the Boyce Rd dwelling the applicant must meet the full cost for a Council approved contractor to carry out the following civil works at the Boyce Rd frontage:

a)     Construct a concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site in Boyce Road.

b)     Remove the redundant concrete vehicular crossing and layback in Boyce Road and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

c)     Construct a concrete footpath along the Boyce Rd site frontage adjacent to the Council kerb line.

d)     Construct a concrete footpath linking the pedestrian entrance to the new Council footpath.

e)     Construct retaining walls on Council’s nature strip in line with the eastern side boundary and the western side boundary. This shall include suitable hand/guard rails on top of the retaining walls to Council’s requirements.

 

Prior to the issuing of an occupation certificate for the Boyce Lane dwelling the applicant must meet the full cost for a Council approved contractor to carry out the following civil works at the Boyce Rd frontage:

a)  Construct a concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site in Boyce Lane.

 

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.

 

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.

 

Stormwater Drainage

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

Notes:

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

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

 

Upon completion of the works and prior to the issuing of an Occupation Certificate, 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).

 

Prior to the issuing of an Occupation Certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer, which confirms that the design and construction of the stormwater drainage system/s 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/s by the Hydraulic Engineers to the satisfaction of the PCA.

 

Prior to the issuing of an Occupation Certificate certification must be obtained from a suitably qualified and experienced professional Engineer, to the satisfaction of the Principal Certifying Authority confirming that the basement tanking/waterproofing and any sub-soil drainage systems (as applicable) have been provided in accordance with the conditions of consent and relevant Standards. A copy of the certification must be provided to the Council with the 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

57.     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

58.     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

59.     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

60.     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

61.     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

62.     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

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

 

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

 

Air Conditioning & Equipment

64.     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

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

 

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

(Noise from domestic air conditioners)

 

Rainwater Tank Requirements

66.     The installation of rainwater tanks shall comply with the following noise control requirements:-

 

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

 

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

 

b)     Plant and equipment associated with rainwater tanks are to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

c)     The operation of plant and equipment associated with rainwater tanks are to be restricted to the following hours if the noise emitted can be heard within a habitable room in any other residential premises:

 

·       before 8.00am or after 8.00pm on weekends or public holiday; or

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

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

 

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

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

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

 

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

 

A4      Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

A5      A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

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

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

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

A9      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                12 June 2012

 

 

Development Application Report No. D53/12

 

 

Subject:                  225 Boyce Road, Maroubra (DA/293/2010/B)

Folder No:                   DA/293/2010/B

Author:                   Plandev Pty Ltd, Thomas Mithen     

 

Proposal:                     Section 96 modification of approved development by deletion of condition 2 which requires demolition of existing structures prior to endorsement of the subdivision plan

Ward:                      Central Ward

Applicant:                Mr J Blazun

Owner:                         Mr J Blazun & Mrs M Blazun

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application is reported to Council and an independent assessment of this application, including preparation of this report, was completed by Plandev (urban planning consultants) at the request of the Manager of Development Assessment.

 

This report considers an application seeking to modify the terms of an approval granted for the demolition of structures and the two lot subdivision of the subject land (DA No. 293/2010 approved on 5 August 2010).

 

The applicant is seeking to delete a condition which requires the current dwelling and all associated structures on the site to be demolished prior to Council issuing a Subdivision Certificate. That Certificate is necessary to register and create titles for the new lots.

 

Council at its Ordinary Council meeting held on 22 November 2011, refused a previous Section 96 application seeking the same modification.

 

The applicant has advised that the purpose for seeking this amendment is to retain the current dwelling until such time a new dwelling is constructed upon approved Lot 12 fronting Boyce Lane.  At that point the original dwelling would then be demolished and registration of the subdivision would proceed. The existing dwelling on the site is positioned over the new boundary which divides the site into two lots.

 

A separate development application is currently being assessed for the construction of two dwelling houses on approved lots 11 and 12 (DA No. 97/2012).

 

This Section 96 application is not supported for the following reasons:

 

·         It is contrary to the Object of the of the Environmental Planning and Assessment Act, 1979 which seeks to encourage the promotion and co-ordination of the orderly and economic use and development of land;

·         The retention of the existing dwelling positioned over two allotments raises issues regarding fire separation under the Building Code of Australia.

·         The deletion of condition 2, even if approved, is of no value to the applicant in terms of their stated future intentions to further develop approved Lot 12 as Randwick LEP 1998 precludes Council from granting consent to construct a second detached dwelling on that land;

·         Separate to condition 2, the approval for DA 293/2010 includes various other conditions which require the existing structures be demolished prior to release of the Subdivisions Certificate;

·         It is a requirement of the Environmental Planning and Assessment Act that all conditions of an approval for a subdivision are satisfied before a Subdivision Certificate can be issued. Therefore even if Condition 2 was deleted Council could still not endorse the Subdivision Certificate until the existing structures were demolished; 

·         In accordance with Council’s established practice, it would not have approved the subdivision without demolition of the existing dwelling house as it is considers it inappropriate to create new allotments which are constrained by existing structures located over a new property boundary.

 

This report therefore recommends that the application be refused.

 

 

 

2.    The Proposal

 

In addition to subdivision of the existing allotment, Development Application 293/2010 also sought consent to demolish all structures over the land.

 

Condition No. 2 of Notice of Determination, dated 5 August, 2010, granting consent to that application, reads:

 

"2.  The existing dwelling house and associated structures located on the site shall be demolished prior to endorsement of the subdivision plans."

 

In support of the application to delete condition 2, the proponent has provided the same justification that was submitted with the previous Section 96 application stating:

 

"     This letter is an appeal to allow my mum and dad, the occupants of 225 Boyce Road, to remain within their existing block centralised dwelling during construction of their new house at 225A Boyce Road. Once the house at 225A Boyce Road can be occupied the current centrally located dwelling at 225 Boyce Road will be immediately demolished and removed. During the construction of 225A Boyce Road, the centrally located house will not effect, interfere or compromise the safety of occupants or sub contractors during the build.

 

The appeal is made on the basis that relocation of my senior parents would cause undue hardship and stress as neither of their sons live in NSW and would not be able to assist."

 

The applicant has provided no additional information in support of their request.

 

3.    The Subject Site and Surrounding Area

 

The site is located on the southern side of Boyce Road with a secondary frontage, at the rear boundary, to Boyce Lane.

 

The allotment has a frontage to both streets of 10.97m, a depth of 37.07m and a total site area of 749m2. The site falls from Boyce Street to Boyce Lane with a change in level of about 4.5m Existing development comprises a modest single storey dwelling set centrally on the site, within minor outbuildings. There is no significant vegetation over the site.

 

The allotment common with the eastern site boundary supports a two storey dwelling house. Land immediately to the west has been subdivided in manner similar to that approved under DA 293/2010 with each resultant block now supporting a dwelling house. The wider locality is generally residential in character with a subdivision pattern typically comprised of allotments similar in area and dimension to those approved under DA 293/2010.

 

Figure 1: Aerial view of site and surrounds

 

 

Figure 2: Cadastral plan of site and surrounds

 

4.    Site History

 

Consent was granted on 5 August 2010 for demolition of the structures on the site and Torrens title subdivision of an existing site into two lots (DA 293/2010).

 

The previous Section 96 application seeking deletion of Condition 2 of the consent was refused by Council on 22 November 2011 (DA 293/2010/A).

 

5.    Community Consultation

 

The application was not publicly notified.

 

6.    Technical Officers Comments

 

The application was not referred to other departments within Council for review.

 

7.    Master Planning Requirements

 

Not applicable

 

8.    Relevant Environmental Planning Instruments

 

This application has been assessed with regard to the following relevant planning documents:

 

-   Environmental Planning and Assessment Act;

-   Randwick Local Environmental Plan 1998; and

-   Randwick Subdivision Code.

 

(a) Environmental Planning and Assessment Act

Section 96 - Modification to a consent

 

The application has been made under the provisions of section 96(1A) of the Act, which allows for the modification to a consent if Council:

 

(a)    Is satisfied that the proposed modification is of minimal environmental impact;

 

Condition 2 nominates the timing for completion of demolition works relative to the issue the Subdivision Certificate. This aspect is important to promote and coordinate the orderly and economic use of land. If for some reason the property is on-sold or the owners are subject to financial hardship the existing dwelling house may not be demolished within the intended timeframe. This will result in a dwelling with inadequate open space, setbacks and building separation. In this regard the proposal may result in a significant environmental impact.  

 

(b)    Is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted;

 

The proposed modifications to the approved development will change the nature of the consent which was for demolition of the existing structures prior to subdivision. There is some doubt as to whether the change now sought to delete the requirement for demolition of existing structures satisfies the definition of being ‘substantially the same development’.

 

(c)    it has notified the application as required; and

 

There was no requirement for public notification of the application.

 

(d)    It has considered any submissions made concerning the proposed modification.

 

Not applicable

 

Section 96(3) states that Council must take into consideration relevant matters for consideration nominated at section 79C(1) of the Act. Those matters are addressed in the balance of this report.

 

Section 109J - Restriction on issue of subdivision certificates

 

Apart from condition 2 of the consent granted to DA 293/2010, there are other conditions within that approval that also require the demolition of the existing dwelling prior the release of the Subdivision Certificate, as follows:

 

·      The preamble to the consent describes the approved development as being the demolition of existing structures and the subdivision of the land into two lots;

·      Condition 1 requires the approved works are to be completed in accordance with the approved plan. That plan includes a notation that the dwelling is to be demolished;

·      Condition 13 requires that a separate subdivision application must be made and that all conditions of consent must be satisfied prior to the release of the Subdivision Certificate.

 

Section 109J of the Act prescribes the circumstances that must be satisfied before a Subdivision Certificate can be issued, including the following at subsection (1)(c):

 

"in the case of subdivision for which a development consent has been granted, the applicant has complied with all conditions of the consent that, by its terms, are required to be complied with before a subdivision certificate may be issued in relation to the plan of subdivision"

 

Even if condition 2 were deleted, conditions 1 and 13 would still require the demolition works to be completed prior to release of the Subdivision Certificate. The application does not seek the deletion of those conditions.

 

It is acknowledged that Section 109J(2)(c) permits some flexibility with regard to timing of compliance with conditions, as follows:

 

"(2) without limiting subsection (1), a subdivision certificate must not be issued for a subdivision that involves subdivision work unless

 

(c)  agreement has been reached between the applicant for the certificate and the consent authority:

(i)   as to the security to be given by the applicant to the consent authority with respect to the work to be completed, and

(ii) as to when the work will be completed by the applicant."

 

The proponent contends that the intent of seeking to delay demolition works is to allow for the construction of a second, detached, dwelling on approved Lot 12.

 

However the terms of Randwick Local Environmental Plan 1998 prohibit that outcome (see below).

 

Given that circumstance there is no reason to be flexible with the timing for demolition works, and accordingly it is proper to retain condition 2 of the consent.

 

(b) Randwick Local Environmental Plan 1988

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 (the LEP).

 

The terms of this Plan cannot be strictly applied to this application as the nature of the amendment does not propose any new works beyond that which have been approved.

 

However the LEP is relevant to the extent that none of its provisions would enable

Council to grant consent to a separate application to construct a second dwelling on

the subject site, prior to the demolition of the existing dwelling.

 

Therefore although the amendment to DA 293/2010 sought by this application is not

prohibited under the LEP, approval of the amendment may imply support for the lodgement of a future development application for a new second dwelling on the current allotment - an outcome that is prohibited by the LEP.

 

8.1 Policy Controls

 

a. Development Control Plans

There are no development controls plans relevant to the consideration of this application.

 

8.2 Council Policies

 

a. Subdivision Policy

There are no provisions within this Policy relevant to this application.

 

9. Environmental Assessment

 

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

 

(i) Any Environmental Planning Instruments

The relevant environmental instruments are addressed at section 8 above.

 

(ii)    Any Draft Environmental Planning Instruments

The site is zoned R2 Low Density under draft Randwick LEP 2012. The relevant objective of the R2 zone seeks to protect the amenity of residents. The proposal is contrary to this objective because it would result in a dwelling with inadequate open space, setbacks and building separation resulting in poor amenity. There are no special provisions relevant to the proposal under draft LEP 2012.

 

(iii)   Any Development Control Plans, Council Policies or Codes

The relevant plans, policies and codes are addressed at section 8 above.

 

(iiia)  Any Planning Agreement

There are no Agreements relevant to this application.

 

(iv)   The Regulations

There are no matters in the Regulation relevant to this application

 

(v)    Likely Impacts of the Development

        The deletion of Condition 2 does not promote the orderly and economic development of land.