Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 24 July 2012

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                                      24 July 2012

 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council Meeting

 

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

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 26 June 2012

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minutes

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

Urgent Business

Director City Planning Reports (record of voting required)

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

CP39/12    17 Garnet Street, South Coogee (DA/534/2011) Deferred

CP40/12    38 Cliffbrook Parade, Clovelly (DA/862/2009/A)

CP41/12    379-401 Clovelly Road, Clovelly (DA/395/2009/C)

CP42/12    349 Alison Road, Coogee (DA/106/2010/A)

CP43/12    98-104 Beach Street, Coogee (DA/404/2011/A)

CP44/12    1 Moira Crescent & 17 Marcel Avenue, Coogee (DA/664/2011)

CP45/12    2 Wackett Street, Maroubra (DA/191/2012)

CP46/12    36 Burke Street, Chifley (DA/130/2012)

CP47/12    2 Goodwood Street, Kensington (DA/195/2012)

CP48/12    60 Denning Street, South Coogee (DA/939/2011)

CP49/12    33-41 Military Road, Matraville (DA/310/2012)

Director City Planning Reports (record of voting NOT required)

CP50/12    Reporting variation to Development Standard under State Environment Planning Policy No. 1 (SEPP 1) for the month of 1 to 30 June, 2012

CP51/12    Recent Land and Environment Court Decisions

CP52/12    Proposed activities for 2012 Local Government Week

CP53/12    Establishment of Men's Shed

CP54/12    Review of Affordable Rental Housing Program

Director City Planning Report (record of voting required)

CP55/12    Eastern Suburbs Memorial Park Planning Proposal - to rezone part of the Bunnerong Road Chinese Market Gardens

General Manager's Reports

GM17/12    Provision of Free Public Wi-Fi Hotspots in the LGA

GM18/12    NSW Golf Club land value objection

Director City Services Reports

Nil

Director Governance & Financial Services Reports

GF31/12    Investment Report - May 2012

GF32/12    Investment Report - June 2012

GF33/12    2011-12 Financial Statements (Unaudited)

GF34/12    Carbon Tax - the way forward

GF35/12    Affixing of the Council Seal

GF36/12    Withdrawal of Caveat and Affixing of the Council Seal

GF37/12    Pre-feasibility Study - 1-11 & 13-21 Rainbow Street, Kingsford  

Petitions

Motion Pursuant to Notice

NM35/12    Motion Pursuant to Notice from Cr Belleli - Recharging of Stormwater Aquifers

NM36/12    Motion Pursuant to Notice from Cr Belleli - Anti Social Behaviour in Randwick City Area

NM37/12    Motion Pursuant to Notice from Cr Matson - Submission in response to NSW Green Paper

NM38/12    Motion Pursuant to Notice from Cr Matson - Consideration of suicide prevention at the North Coogee ocean cliffs

NM39/12    Motion Pursuant to Notice from Cr Matson - Expansion & Costing Issues - Light Rail

NM40/12    Motion Pursuant to Notice from Cr Matson - Coal Seam Gas Exploration

NM41/12    Motion Pursuant to Notice from Cr Stevenson - Free WiFi Access in Randwick City Council Facilities

NM42/12    Motion Pursuant to Notice from Cr Matson - Each & All Stronger Together - EAST Inc.

NM43/12    Motion Pursuant to Notice from Cr Matson - Contamination on the Joongah Street area of the surplus Bundock Street land and Council's duty of care

NM44/12    Motion Pursuant to Notice from Cr Andrews - State wide ranking of NSW Council's Performance

NM45/12    Motion Pursuant to Notice from Cr Andrews - Bardon Park - Practising of Sports

NM46/12    Motion Pursuant to Notice from Cr Andrews - Malabar Headland - Proposed Coastal Walkway

NM47/12    Motion Pursuant to Notice from Cr Bowen - Response of Green Paper - A New Planning System for NSW  

Closed Session

GM19/12    T06/12 Des Renford Leisure Centre

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

Notice of Rescission Motion

NR5/12      Notice of Rescission Motion from Crs Matson, Tracey & Woodsmith - 2012 Maroubra Fun Run & Oktoberfest - Request for Financial Assistance  

 

 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council                                                                                                      24 July 2012

 

 

Director City Planning Report No. CP39/12

 

 

Subject:                  17 Garnet Street, South Coogee (DA/534/2011)

Folder No:                   DA/534/2011

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

The application was resubmitted to the Ordinary Council Meeting on 26 June 2012. At the meeting it was resolved:

 

(Matson/Hughes) that the application be deferred for the submission of amended plans better addressing concerns raised by the objectors and Councillors with respect to the rear dwelling boundary line and the rear balcony and upper level and the aluminium cladding.”

 

On 9 July 2012, the applicant advised Council that they would not be making any amendments to the proposal and requested that the application be determined.

 

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.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The assessment report on the proposed development to the Planning Committee Meeting of 13 March concluded that the proposal would not have significant adverse impacts on surrounding properties in terms of view sharing, solar access or privacy and given the further reduction in scale of the proposal, the application is recommended for approval.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 534/2011 for demolition of existing structures and construction of a part 2- and part 3-storey dwelling with detached garage fronting Garnet Street, landscaping and associated works, at No. 17 Garnet Street, South Coogee, subject to the following conditions:

 

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan Number/ Title

Dated

Received

Drawn By

DA-01(M)

08/06/12

8 June 2012

Chenchow Little Pty. Ltd.

DA-02(J)

08/06/12

8 June 2012

DA-03(J)

08/06/12

8 June 2012

DA-04(J)

08/06/12

8 June 2012

DA-05(K)

08/06/12

8 June 2012

DA-06(K)

08/06/12

8 June 2012

DA-07(J)

08/06/12

8 June 2012

DA-08(I)

08/06/12

8 June 2012

Vertical Batten Screen Details (Amendment A)

Undated

28 Dec 2011

L/01(C)

19/05/11

14 Jul 2011

ATC Landscape Architects & Swimming Pool Designers

 

BASIX Certificate No.

Project Name

Dated

377871S_03

17 Garnet Street, Coogee_02

8 June 2012

 

Amendment of Plans & Documentation

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

 

(a)  The batten screens along the southern elevation of the development shall be configured in a manner that achieves 50% openness.

 

(b ) The north-facing window to the living / kitchen areas at the first (top) level of the dwelling shall be constructed with fixed and translucent glazing.

 

3.       No air-conditioning units shall be mounted on the roofs of the development.

 

4.       The metal roofs and batten screens of the development shall be finished in a manner that minimises glare and light reflection to the surrounding dwellings. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation to the satisfaction of the Council / Accredited Certifier.

 

5.       The reflectivity index of glazing for windows and balcony balustrades is to be no greater than 20%. Written confirmation of the reflectivity index of glazing materials is to be submitted with the Construction Certificate application to the satisfaction of the Council / Accredited Certifier.

 

6.       Any fencing located on the eastern and western property boundaries of the site shall have a maximum height of 1800mm, as measured from the existing ground levels.

 

On sloping sites or at changes in ground levels, the maximum height of the fence may exceed the above-mentioned specified height by up to 150mm maximum adjacent to any required ‘step-downs’ or changes in ground level.

 

The applicant and owner are advised that the relevant provisions of the Dividing Fences Act 1991 are to be satisfied accordingly and any necessary approvals or agreements should be obtained from the owner/s of the adjoining land beforehand.

 

7.       Any gate openings shall be designed and constructed so that the gates will not open over the footpath or a public place.

 

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

8.       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

9.       The colours, materials and finishes of the external surfaces to the buildings are to be consistent with the Schedule of Proposed External Finishes (Amendment B), undated, prepared by Chenchow Little Pty. Ltd. and stamp-received by Council on 28 December 2011.

 

10.     The masonry walls along the southern boundary of the site shall be appropriately rendered and painted in a manner that is consistent with the approved Schedule of Proposed External Finishes.

 

Section 94A Development Contributions

11.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,761,422, the following applicable monetary levy must be paid to Council: $17,614.22.

       

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

 

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

 

Long Service Levy Payments

12.     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

13.     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:

 

·           $3000.00    -      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

14.     The design alignment level (the finished level of concrete, paving or the like) at the property boundary for driveway and pathway in Garnet St shall be:

 

RL 59.95.

 

The design alignment level at the property boundary as issued by Council must be indicated on the building plans for the construction certificate.     

      The above alignment level and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $462.00 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.

 

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

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.

 

17.     Stormwater runoff shall be discharged via a pipeline/s thru the Cairo St boundary wall, of the subject site, at the eastern end of the site and then in an easterly direction, with sufficient groundcover, and discharged thru Council’s sandstone retaining wall at/near its base.

 

Note:      No seepage water is to be discharged from the site.

 

The applicant is to liaise with either Council’s Co-ordinator Engineering Services or Council’s Drainage Assets Engineer in regards to the construction method of the pipeline along Council’s road reserve and the size and position of the discharge pipe in Council’s retaining wall. These requirements/details are to be determined prior to the issuing of a Construction Certificate and shown in detail on the plans submitted for the Construction Certificate.

 

18.     All site stormwater which is 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.

 

Protection of Council trees

19.     In order to ensure retention of the significant, heritage listed Phoenix canariensis (Canary Island Date Palm) on Council’s Garnet Street verge, to the north of the existing vehicle crossing, as well as the two smaller trees on the Cairo Street public verge, being from west to east, a Lagunaria patersonii (Norfolk Island Hibiscus) and a smaller Pittosporum crassifolium (Karo) in good health, the following measures are to be undertaken:

 

a.  All documentation submitted for the Construction Certificate application must show the retention of these three public trees, with the position and diameter of their trunks and crowns/canopies to be clearly and accurately shown on all drawings.

 

b.  All Construction Certificate plans must also show that the northern edge of the crossing will not be altered, for a minimum radius of 1500mm, measured off the base of the trunk of the Palm at ground level, with any amendments to the existing crossing needing to be performed outside this exclusion zone.

 

c.  In order to prevent the introduction or transfer of the harmful plant pathogen, Fusarium sp, to which this species of palm is particularly susceptible, any tools or machinery to be used for external works on Council property must be disinfected and sterilised, prior to commencement, as well as regularly during the course of the works by soaking for 5 minutes in the following mixture:

 

i.   50% household bleach or 5% quaternary ammonium (eg, Phytoclean, Avis Chemicals); then;

 

ii.   Rinsing affected equipment with clean water and/or 70% alcohol to remove disinfectant.

 

d.  The PCA must ensure that removal of the concrete surface on the northern half of the existing vehicle crossing over Council property is undertaken by hand, not machinery, so as to avoid the indiscriminate damage of roots, with Council’s Landscape Development Officer (9399-0613) to be contacted (giving at least 2 working days notice) to inspect this work being performed, as well as to confirm that the required sterilising of equipment is being performed.

 

e.  Following removal of the surfacing described above, but prior to performing excavations for forming up or constructing the new crossing, Council’s Landscape Development Officer must inspect any roots encountered, and where permission is granted for their pruning in order to accommodate the proposed works, they must be cut cleanly by hand (using only sterilised tools), with the affected area to be backfilled with clean site soil as soon as practically possible so that roots are not left exposed to the atmosphere.

 

f.   Any imported soils to be used on the verge beneath the palm must adhere to AS4419 – 2003: Soils for landscaping & garden use, with a certificate of compliance to be provided to the PCA (with a copy to be forwarded to Council if not the PCA), prior to issuing a Final Occupation Certificate.

 

g.  Any excavations associated with the installation of new services, pipes, stormwater systems or similar over the Garnet Street verge must be located along the southern side of the crossing, and if required along the Cairo Street verge, a minimum distance of 2.5 metres to the east of the most eastern street tree, so as to minimise root damage.

 

h.  Prior to the commencement of any site works, the trunk of the palm is to be physically protected by geo-textile, underfelt or layers of Hessian, to a height of 2 metres above ground level, to which, 2m lengths of 50mm x 100mm hardwood timbers, spaced at 150mm centres shall be placed around its diameter, and are then to be secured by 8 gauge wires or steel strapping at 300mm spacing. (NO nailing to the trunk).

 

i.   The palm is also to be protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located along the northern edge of the vehicle crossing to its south, against the western side of its trunk, against the southern side of the power pole to its north, and setback 2m off the front property boundary to its east, in order to completely enclose it for the duration of works, with erosion control measures to be placed along the base of the fencing in order to prevent soil/sediment being washed into the TPZ.

 

j.   Both of the street trees on the Cairo Street verge must be physically protected by installing a minimum of four star pickets at a setback of 1.5 metres on all four sides (measured off the outside edge of their trunks at ground level), to which safety tape/para-webbing/shade cloth or similar shall be permanently attached so as to completely enclose each tree for the duration of works.

 

k.  The fencing described in points ‘i’ & ‘j’ above must be installed prior to the commencement of demolition and construction works, and shall remain in place until all works are completed, to which signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE, DO NOT ENTER".

 

l.   The applicant is not authorised to perform any works to these public trees, and shall contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar such work appear necessary, with the applicant required to cover all associated costs with such work, to Council’s satisfaction, prior to the issue of a Final Occupation Certificate.

 

m.  Within the TPZ’s described in point ‘i’ & ‘j’ above, there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of in the area and no stockpiling of soil or rubble, with all Site Management Plans needing to acknowledge these requirements.

 

n.  A refundable deposit in the form of cash, credit card or cheque for an amount of $2,500.00 shall be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of these public trees.

 

The refundable deposit will be eligible for refund following the issue of a Final Occupation Certificate, subject to completion and submission of Council’s ‘Security Deposit Refund Application Form’, and pending a satisfactory inspection by Council’s Landscape Development Officer (9399-0613).

 

Any contravention of Council's conditions relating to the trees at any time during the course of the works, or prior to the issue of a Final Occupation Certificate, may result in Council claiming all or part of the lodged security in order to perform any rectification works necessary, as per the requirements of 80A (6) of the Environmental Planning and Assessment Act 1979.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

20.     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

21.     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

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’, as applicable.

 

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

 

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

23.     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

24.     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

25.     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

26.     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

27.     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

28.     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

29.     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

30.     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.

 

31.     A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to commencement of any site work.

 

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

 

Public Utilities

32.     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.

 

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.

 

Site Amenities

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

 

Road/Asset Opening Permit

46.     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

47.     Approval is granted for the removal of all existing vegetation within the site due to their small size and insignificance, as well as to accommodate the proposed works as shown, subject to full implementation of the approved landscaping.

 

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 has 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.

 

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)  Reconstruct concrete vehicular crossing opposite the vehicular entrance to the site, if required.

 

52.     Should the pedestrian gate entrance to the property via Cairo Street be removed then the applicant is to, prior to issuing of an occupation certificate, meet the full cost for Council or a Council approved contractor to remove the concrete footpath and retaining wall located along the southern side boundary on Council’s road reserve in Cairo Street and replace them with turf.

 

53.     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.

 

Note: The applicant is to submit to Council copy of photos showing the existing condition of the roadway of both Cairo Street and Garnet Street as well as the nature strip of Cairo Street prior to the commencement of any demolition works.

 

54.     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.

 

Landscaping

55.     The PCA must ensure that landscaping at this site is installed substantially in accordance with the Proposed Landscape Plan by A Total Concept Landscape Architects, project 1, dwg L/01, revision C, dated 19/05/11, prior to issuing a Final (or any other type of Interim) Occupation Certificate/s, with the owner/s to ensure it is maintained in a healthy and vigorous state until maturity.

 

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

56.     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

57.     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

58.     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

59.     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

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.

 

Air Conditioning & Equipment

61.     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.

 

Rainwater Tank Requirements

62.     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.

 

Waste Management

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

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

A9      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A10    Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A11    The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

A12    Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

Attachment/s:

 

1.View

Report - Planning Committee Meeting on 13 March 2012

 

 

 

 


Report - Planning Committee Meeting on 13 March 2012

Attachment 1

 

 

 

Development Application Report No. D17/12

 

 

Subject:                  17 Garnet Street, South Coogee (DA/534/2011)

Folder No:                   DA/534/2011

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Demolition of existing structures and construction of a part 2- and part 3-storey dwelling with detached garage fronting Garnet Street, landscaping and associated works

Ward:                      East Ward

Applicant:                A Downie & J Downie

Owner:                         A Downie & J Downie

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan


1.      Executive Summary

 

The application was notified from 19 July to 3 August 2011 in accordance with DCP – Public Notification of Development Proposals and Council Plans. A total of sixteen (16) objection and one (1) support letters were received at the conclusion of the public consultation process.

 

The application was re-notified from 16 to 31 January 2012 following the receipt of revised drawings and additional information. A total of fifteen (15) submissions were received, of which thirteen (13) have previously lodged objections with Council.

 

The issues raised in the submissions are primarily related to view loss, building height, FSR, bulk and scale, exterior colours and finishes, rear and side setbacks, streetscape and visual impacts, overshadowing, privacy, glare, removal of significant street trees, planning precedent and property devaluation.

 

The site is located within Zone No. 2A (Residential A Zone) and the Foreshore Scenic Protection Area under RLEP 1998 (Consolidation). The proposal is consistent with the aims of the LEP and the specific zoning objectives, in that the development will deliver a detached dwelling, which is compatible with the desired character for the locality.

 

The proposal complies with the performance requirements contained in DCP – Dwelling Houses and Attached Dual Occupancies.

 

The design scheme adopts a highly contemporary architectural expression with modern finishes and materials. Full-height feature batten screens are proposed along the southern elevation of the development to enhance the façade articulation.

 

The proposed floor space is enclosed within a geometric structural form. The roof profile initially angles upwards to create an apex, and then gradually slopes down to become a levelled awning above the east-facing top floor balcony. The massing of the development would appear to be concentrated on the downhill side of the site and accentuate the visual bulk. In order to provide visual relief and reduce the mass of the building, it is recommended that approximately half of the batten screens on the northern and southern elevations of the top floor balcony be deleted via a condition of consent. When the coverage of the screens is reduced as recommended, the overall form and profile of the building would relate more appropriately to the site topography and achieve an acceptable scale.

 

It is considered that the overall bulk, height and scale of the proposal satisfy the relevant objectives and performance requirements of the DCP, subject to condition.

 

The proposed colour palette utilises a combination of darker hue to the metallic elements with light neutral finishes to the masonry works. The exterior colours and finishes scheme will reinforce the modern character of the building and are supported.

 

The proposal has implications on the existing ocean, scenic and iconic views obtained from a number of residential properties in the vicinity as well as the Cairo Street road reserve. Height poles have been installed on the site to demonstrate the potential impacts and detailed analysis has been undertaken. It is considered that the proposed development is acceptable and will not result in unreasonable view loss impacts. An adequate level of amenity will be retained for the surrounding residences and the public domain.

 

The proposal will not result in significant adverse impacts upon the amenity of the coastal foreshore and surrounding properties in terms of view loss, solar access and privacy, subject to the recommended conditions.

 

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

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 1 in DP 436143, No. 17 Garnet Street, South Coogee. The site is located on the northern side of the intersection between Garnet and Cairo Streets. The land slopes from the west to the east with a fall of approximately 9m. The land area and dimensions of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern, side boundary

40.23m

406.2m2

Southern, Cairo Street boundary

40.23m

Eastern, rear boundary

10.15m

Western, Garnet Street boundary

10.045m

 

At present, the site is occupied by a part one- and part two-storey dwelling with a detached garage fronting Garnet Street. There is a Canary Island Date Palm of approximately 8m in height immediately to the north of the existing driveway. A similarly sized palm tree of the same species previously occupied the southern side of the driveway. This tree has already been removed by Council due to its apparent death and potential danger to the community. The southern boundary of the site abuts a series of concrete steps within the Cairo Street reserve.

 

To the north of the site is a part 2- and part 3-storey detached dwelling. To the south on the opposite side of Cairo Street are a number of dwelling houses. The surrounding areas are predominantly characterised by lower density detached style residences. The locality is under transition where the older housing stock is being renovated or replaced by modern dwellings.

 

Existing garage on the Garnet Street frontage of the site

Existing dwelling as viewed from the downhill side of the concrete steps adjacent to the site

 

3.      The Proposal

 

The proposed development includes the following elements:

 

·    Demolition of the existing dwelling and garage.

·    Construction of a part 2- and part 3-storey dwelling with a detached double garage fronting Garnet Street.

·    Construction of vertical batten privacy screens on the southern elevation of the dwelling.

·    General landscaping.

 

Photograph of wooden model of the development: southern and eastern elevations as viewed from the downhill side of Cairo Street

 

Photograph of wooden model of the development: western and southern elevations as viewed from the intersection between Garnet and Cairo Streets

 

4.      Site History

 

The initial public consultation process was completed on 3 August 2011. Due to the potential impacts on scenic and iconic views currently enjoyed by the adjoining and nearby properties as well as the concerns raised in the submissions, Council requested the owners to install timber poles on the site to depict the form and height of the building by email dated 5 September 2011.

 

The height poles were installed in early October. The accuracy of the poles in terms of their locations and height levels has been checked by a registered surveyor from Byrne & Associates Pty. Ltd. A letter from the surveyor dated 5 October 2011 certifying the accuracy of the poles has been submitted to Council.

 

The properties likely to suffer from view loss impacts were inspected on 6, 7, 10 and 12 October 2011.

 

A meeting between the architects and the assessment officer was held on 14 October 2011 to discuss the issues of the proposal.

 

On the same day, a letter was sent to the applicant recommending a number of changes to the proposal in order to address the requirements of the applicable controls and relevant concerns raised in the submissions. They include:

 

·    Investigation of possible reduction to the overall height of the building to improve view sharing with the nearby properties.

·    Reduction or reconfiguration of screen walls to the first floor rear balcony, to minimise obstruction of views and to improve relationship with the site contours.

·    Increase in separation between the first floor rear balcony and the northern common boundary, to enhance privacy protection and view retention for No. 15 Garnet Street.

·    Reduction to the northern deck at the ground floor level to maintain suitable spatial separation from No. 15 Garnet Street.

·    Preparation of design and finishes details relating to the batten screen structures on the Cairo Street elevation of the development.

·    Adjustment to the garage location to protect the existing palm tree immediately to the north of the existing driveway.

·    Preparation of an appropriately rendered photomontage to demonstrate the form, finishes and colours of the dwelling and boundary screens.

 

The above letter requested amended drawings to be submitted by 28 October 2011.

 

A further meeting between the architects, the owner and Council’s assessment officer and coordinator was held on 25 October 2011.

 

An email was forwarded to the applicant on 2 November requesting the amended drawings to be submitted by 7 November, so that the application could be referred to the Council for determination within 2011. The information was not submitted by the due date.

 

Revised drawings and additional information were eventually submitted on 28 December 2011. The amended documentation incorporates the following:

 

·    The original solid walls on the northern and southern elevations of the first floor rear balcony have been replaced with batten screens.

 

In contrast to what is stated on the applicant’s letter dated 20 December 2011, the balcony does not include any additional splay or setback from the northern common boundary. 

 

The southern alignment of the balcony was originally setback 1100mm and parallel to the Cairo Street boundary. The amended design has extended the balcony to the southern boundary at its western end. The eastern end is splayed so that it is 1100mm from the Cairo Street boundary.

 

·    The northern deck at the ground floor level has been reduced in size.

 

·    Design details of the batten screens and revised colours and finishes schedule have been prepared.

 

·    Hand-drawn perspective sketches and photographs of a wood working model for the project have been submitted.

 

The amended plans form the subject of this assessment.

 

The assessment officer contacted the applicant on 12 December 2011 advising the availability of a mediation service run by Council. On 13 January 2012, the applicant advised Council to proceed with assessment.

 

5.      Community Consultation

 

The application was notified from 19 July to 3 August 2011 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received at the conclusion of the public consultation process:

 

Support:

·      11 Denning Street, South Coogee

 

Object:

·      1 Cairo Street, South Coogee

·      3 Cairo Street, South Coogee

·      5 Cairo Street, South Coogee

·      7 Cairo Street, South Coogee

·      9 Cairo Street, South Coogee

·      13 Cairo Street, South Coogee

·      11A Denning Street, South Coogee

·      15 Denning Street, South Coogee

·      3 Garnet Street, South Coogee

·      4 Garnet Street, South Coogee

·      9 Garnet Street, South Coogee

·      11 Garnet Street, South Coogee

·      15 Garnet Street, South Coogee

·      70 Melody Street, Coogee

·      Architect’s Ink on behalf of owner of No. 5 Cairo Street, South Coogee

·      Coogee Precinct Committee

 

Given the significant number of objections received during the initial public consultation process, the application was re-notified from 16 to 31 January 2012 following the receipt of revised drawings and additional information.

 

Object:

·      138 Beach Street, Coogee

·      1 Cairo Street, South Coogee

·      3 Cairo Street, South Coogee

·      5 Cairo Street, South Coogee

·      7 Cairo Street, South Coogee

·      13 Cairo Street, South Coogee

·      15 Denning Street, South Coogee

·      3 Garnet Street, South Coogee

·      4 Garnet Street, South Coogee

·      9 Garnet Street, South Coogee

·      11 Garnet Street, South Coogee

·      70 Melody Street, Coogee

·      Architect’s Ink on behalf of owner of No. 5 Cairo Street, South Coogee

·      A Square Planning on behalf of owner of No. 15 Garnet Street, South Coogee

·      Coogee Precinct Committee

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposed development will obstruct the scenic, ocean and iconic views currently enjoyed by the surrounding dwellings.

The proposed development will not result in unreasonable view loss impacts on the adjoining and nearby properties, subject to condition. Refer to the “DCP” section of this report for detailed comments.

The development will obstruct views of Wedding Cake Island from the public domain of Cairo Street.

The proposed development will not unreasonably obstruct existing view corridors in the public domain. Refer to the “DCP” section of this report for detailed comments.

The installation of privacy screens and awning to the rear balconies is inappropriate and will contribute to additional view loss.

 

The splaying of the top floor balcony as proposed in the revised drawings will not reduce view loss impacts on the surrounding properties.

A special condition is recommended to require reduction in the coverage of the privacy screens attached to the northern and southern elevations of the top floor living room balcony. The above requirement will improve sightlines from a number of adjoining and nearby properties. Refer to the “DCP” section of this report for details.

The proposed hedge planting will obstruct views from the surrounding properties.

The proposed landscape planting is not considered to result in significant view loss impacts on the adjoining and nearby properties. Refer to the “DCP” section of this report for details.

No view analysis has been included in the development application.

At Council’s request, the owners have installed height poles on the site to provide clear indication of the potential view loss impacts. The architect has also submitted photographs incorporating the outlines of the proposed building to facilitate Council’s assessment.

Height poles should be installed on the site to demonstrate the potential impacts on the views currently enjoyed by the surrounding residents.

Height poles have been installed on the site to provide clear indication of the potential view loss impacts.

The proposed building and external wall heights exceed Council’s planning controls.

The height, bulk and scale of the development are considered to satisfy the relevant performance requirements of the DCP – Dwelling Houses and Attached Dual Occupancies, subject to condition. Refer to the “DCP” section of this report for details.

The proposed FSR exceeds Council’s controls.

The proposed FSR is considered to be acceptable. Refer to the “DCP” section of this report for details.

The proposed development has an excessive bulk and scale. The dwelling has not been stepped to follow the topography of the site.

The built form, height and scale of the development are considered to be acceptable, subject to condition.

 

The proposal will not detract from the residential character of the locality nor result in detrimental visual impacts.

 

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

The proposal will become a prominent and incompatible feature in the foreshore areas.

 

The proposed design resembles a ‘prison’, ‘mausoleum’ and ‘fort’, and will result in significant visual impacts on the streetscape.

 

The proposal is not compatible with the character of the locality.  

The dimensions of the batten screens have not been indicated on the drawings.

Noted. A specific condition is recommended to ensure the batten screens achieve 50% openness, in order to minimise visual bulk and to allow sightlines from the proposed southern windows to Cairo Street.

The proposal, in particular the top floor level, has not incorporated adequate rear setback and is not consistent with the development pattern in the area.

The proposed setback from the eastern boundary is considered to meet the preferred solution of the DCP – Dwelling Houses and Attached Dual Occupancies. The development scheme is considered to be compatible with the local character and will not result in unreasonable amenity impacts. Refer to the “DCP” section of this report for details.

The proposed side setbacks do not comply with Council’s planning controls.

The proposed side setbacks are considered to be acceptable. Refer to the “DCP” section of this report for details.

The proposed exterior colour scheme is not compatible with the character of the street and the locality.

The proposed exterior colour scheme is considered to enhance the contemporary architectural character of the development and will achieve a satisfactory streetscape outcome. Refer to the “DCP” section of this report for details.

The revised materials and finishes schedule does not include sufficient details. There is no information relating to the reflectivity of the metallic finishes.

According to the revised materials schedule, the sheet metal roofing will be finished in dark grey colour, with the feature batten screens constructed with anodised aluminium in dark bronze or charcoal colour. The proposed colours are unlikely to cause excessive light reflection.

 

A specific condition is also recommended to ensure the roof and screen materials incorporate non-reflective finishes as a precautionary measure against adverse amenity impacts.

The metal deck roof and external batten screens will create significant glare that adversely affects the amenity of the surrounding residences.

The northern elevation of the dwelling contains large areas of fixed glazing. The application has not indicated the degree of reflectivity of the glazing materials.

A specific condition is recommended to restrict the reflectivity index of window glazing to 20%. The development is not considered to result in unacceptable glare to the adjoining and nearby properties, subject to the above condition.

The proposed development will overshadow the adjoining and surrounding properties and the Cairo Street road reserve.

 

The application has only included the mid winter shadow diagrams. It is not possible to ascertain the extent of overshadowing in other seasons.

The proposed development meets the solar access performance requirements of the DCP – Dwelling Houses and Attached Dual Occupancies.

 

The Cairo Street reserve is not a habitable space or public park as such and is not required to achieve the solar access requirements of the DCP.

 

The mid winter shadow diagrams demonstrate the worst case scenario for overshadowing, which is the most relevant and critical piece of information for assessment purposes.

The elevated deck on the northern elevation will reduce ambient light to the south-facing windows of No. 15 Garnet Street.

The south-facing windows of No. 15 Garnet Street generally do not receive any direct sunlight throughout the year.

 

The northern service deck at the ground level functions to provide direct access from the laundry to the central light well. At Council’s request, the length of the deck has been reduced by 3.5m, which will minimise a sense of enclosure to the adjoining dwelling at No. 15.

 

It should be noted that the light well to the east of the garage matches the site arrangement of the northern neighbour. The disposition of buildings and open space will enable suitable ambient light to the above neighbour.

The proposed development will cause unreasonable privacy impacts on the adjoining and nearby properties.

 

The top floor balcony has not been adequately setback from the northern common boundary. The aforementioned balcony will generate significant noise and enable cross viewing to the bedroom areas of No. 15 Garnet Street.

The proposal is not considered to result in unreasonable visual privacy impacts on the adjoining properties. Refer to the “DCP” section of this report for details.

 

The proposal is for a single dwelling. The proposed domestic use is not considered to generate unreasonable noise impacts.

 

 

No photomontages have been submitted to demonstrate the overall built form and configuration of the batten screens.

Council has requested the applicant to provide photomontage of the proposed development. The applicant has not agreed to this request.

 

However, hand-drawn perspective sketches and photographs of a working model have been submitted to assist in the assessment. These images have been included in this report.

The stated levels on the drawings should be checked and verified.

There are no apparent errors in the reference levels stated on the drawings.

It is unclear as to how stormwater runoff will be managed.

Standard drainage conditions have been recommended to ensure proper discharge of stormwater runoff from the site.

 

The Canary Island Date Palm previously occupying the southern side of the driveway had become sick and was later removed by Council. The cause of the illness is suspicious. The applicant should be required to provide replacement planting to compensate for the lost tree.

There is a Canary Island Date Palm of approximately 8m in height immediately to the north of the existing driveway. This palm tree is proposed to be retained. Council’s Development Engineer and Landscape Development Officer have reviewed the modified driveway alignment and raised no objections, subject to conditions.

 

A similarly sized palm tree of the same species previously occupied the southern side of the driveway. This tree has already been removed by Council due to its apparent death and potential danger to the community. Council’s landscape officer has advised that the subject species is vulnerable to fungal attack (refer to the Technical Officers Comments). There is no evidence to prove that the condition of the tree was the result of malicious damage. 

 

Due to the presence of a double garage, it is not considered appropriate to require any additional street tree planting outside the Garnet Street frontage of the site.

 

The proposal should seek to protect the remaining Canary Island Date Palm located to the north of the existing driveway. The new garage is positioned too close to the above palm tree.

The proposal involves removal of two Canary Island Date Palms within Garnet Street and is not acceptable.

The approval of the subject application will establish an undesirable planning precedent that encourages similar developments in the area.

Each development application is considered having regard to its merits and compliance with relevant planning controls. The approval of the subject proposal will not establish any undesirable planning precedent in this instance.

The proposal does not satisfy the planning controls stipulated in the LEP and DCP – Dwelling Houses and Attached Dual Occupancies.

The proposal is considered to satisfy the objectives and performance requirements of Council’s planning controls, subject to the recommended conditions.

 

The room at the basement may be used as a separate self-contained dwelling.

The rooms at the basement level are not designed to provide separate self-contained accommodation. A standard condition is recommended to ensure the development is for single occupancy only without any secondary dwelling.

The proposal involves significant earthworks. A dilapidation report should be required if the application is recommended for approval.

A dilapidation report will be required by condition.

The development cost figures stated in the application have been under-estimated. 

The Cost Summary Report is completed by a Registered Quantity Surveyor. At Council’s request, the applicant has confirmed the professional fees associated with the preparation of the development application.

The proposal will reduce the values of the surrounding residential properties.

Variation in property values is not considered to be a valid objection on town planning grounds.

 

6.      Technical Officers Comments

 

Development Engineer and Landscape Development Officer

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

 

Cairo Street Step Comments

It is unclear if the pedestrian gate entrance off Cairo Street is to be retained so Council’s Development Engineers have included the following condition in this report:

 

Should the pedestrian gate entrance to the property via Cairo Street be removed then the applicant is to, prior to issuing of an occupation certificate, meet the full cost for Council or a Council approved contractor to remove the concrete footpath and retaining wall located along the southern side boundary on Council’s road reserve in Cairo Street and replace it with turf.

 

Drainage Discharge Comments

Due to the location of the subject site no infiltration pit requirements have been included in this application however; stormwater runoff shall be discharged via a pipeline/s thru the Cairo St boundary wall, of the subject site, at the eastern end of the site and then in an easterly direction, with sufficient groundcover, and discharged thru Council’s sandstone retaining wall at/near its base.

 

The applicant is to liaise with either Council’s Co-ordinator Engineering Services or Council’s Drainage Assets Engineer in regards to the construction method of the pipeline along Council’s road reserve and the size and position of the discharge pipe in Council’s retaining wall. These requirements/details are to be determined prior to the issuing of a Construction Certificate and shown in detail on the plans submitted for the Construction Certificate.

 

Service Authority Comments

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

 

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

 

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

 

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

 

The proposed works will be between $1 million and $2 million. The applicant would normally be required to meet all costs associated with replacing the overhead wires with aerial bundled cables in the vicinity of the development site however this work has already been undertaken by Ausgrid and thus no condition has been included.

 

Tree & Landscape Comments

There is no significant vegetation within this site that would pose a constraint to the development in anyway, with the shrubs between the existing garage and dwelling too small for the provisions of Council’s TPO, and while the landscape plan shows the retention of two Frangipani’s in the rear yard, being one each along both the northern and southern boundaries, they have already been removed.

 

While the two public trees on the Cairo Street public verge, being from west to east, a 5m Lagunaria patersonii (Norfolk Island Hibiscus) and a smaller Pittosporum crassifolium (Karo) should not be directly affected by this application given an absence of any external works in this area, conditions still need to be applied to ensure their preservation in this important coastal strip, where it is extremely difficult for Council to establish meaningful public plantings due to the prevailing conditions and desire for water views.

 

Growing on Council’s Garnet Street verge, only about 400mm off the northern edge of the existing vehicle crossing, there is a mature Phoenix canariensis (Canary Island Date Palm) of around 8m in height, which appears in fair health and good condition, is covered by the TPO due to its location on public property, with the ‘burnt’ appearance of its fronds a result of exposure to the harsh and persistent salt laden winds.

 

This palm is part of an important group planting of this species that exists on both sides of this street, as well as extending into Rainbow and Dundas Streets, and are listed as items 21 a-m in Volume 2 of Council’s Register of Significant Trees, being a commemorative planting from the Inter-War Period (1915-1940) which honours the nineteenth century British war hero Garnet Wolseley.

 

This species is particularly vulnerable to the soil borne fungal pathogen Fusarium oxysporom, which once infected, always results in their death, with several having already been removed from this group, presumably for this reason, including one on the southern side of the crossing, near the corner of Cairo Street, so extreme care must be taken not to introduce or spread infection from contaminated soil, mulch, tools or machinery during works.

 

The plans show that the crossing will need to be slightly widened to match up with the new garage opening, which may require some minor excavations to its east, but providing the conditions specified in this report are adhered to, specifically, maintaining a 1.5m radius of undisturbed area around its trunk to ensure that its root crown is not disturbed, this palm will be safely retained, as can be seen with another palm of the same species and size to the north, in front of no.15.

 

Its crown has already been under-pruned in the past, and is wholly above the street light, so further pruning will not be required for clearance reasons as part of this application.

 

7.      Master Planning Requirements

 

A master plan is not required for the proposed development.

 

8.      Relevant Environmental Planning Instruments

 

8.1    Randwick Local Environmental Plan 1998 (Consolidation)

The site is zoned Residential 2A under RLEP 1998 (Consolidation). The proposal is consistent with the general aims of the LEP and the specific zoning objectives, in that the development will deliver a single dwelling, which is compatible with the desired lower density character of the locality.

 

Clause 29 Foreshore scenic protection area

Clause 29 requires the consent authority to consider the probable aesthetic appearance of the proposed development in relation to the foreshore prior to the granting of any consent.

 

The design scheme adopts a highly contemporary architectural expression with modern finishes and materials.

 

The proposed floor space is enclosed within a geometric structural form. The roof profile initially angles upwards to create an apex, and then gradually slopes down to become a levelled awning above the east-facing top floor balcony. The massing of the development would appear to be concentrated on the downhill side of the site and accentuate the visual bulk. In order to provide visual relief and reduce the mass of the building, it is recommended that approximately half of the batten screens on the northern and southern elevations of the top floor balcony be deleted via a condition of consent. Where the coverage of the screens is reduced, the overall form and profile of the building would relate more appropriately to the site topography and achieve an acceptable scale.

 

The design scheme incorporates full-height feature batten screens along the southern elevation. The screens will contribute to the façade articulation without resulting in detrimental impacts on the neighbours.

 

The proposed colour palette utilises a combination of darker hue to the metallic elements with light neutral finishes to the masonry works. The exterior colours and finishes scheme will reinforce the character of the building and are supported.

 

The proposal is considered to be satisfactory in this regard, subject to the aforementioned condition.

 

Clause 40 Earthworks

Clause 40 requires Council to consider the likely impact of earthworks on the existing drainage patterns and soil stability in the locality.

 

The site has already been significantly modified to accommodate the existing dwelling. The submitted geotechnical report indicates that excavation to depths of approximately 2.5m to 3m in the western section of the site will be required.

 

The application has been referred to Council’s Development Engineer for review. It is considered that the proposal will not adversely affect the local drainage pattern and use of the land, subject to the recommended stormwater management conditions. Standard conditions are also recommended to ensure that appropriate soil retention and erosion control measures are undertaken during works on the site.

 

Subject to the above conditions, the proposed development is considered to be satisfactory in this regard.

 


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

SEPP: BASIX applies to the proposed development. A BASIX Certificate numbered 377871S_02 is submitted with the development application. The commitments listed in the above certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

9.      Policy Controls

 

9.1    Randwick Development Control Plan – Dwelling Houses and Attached Dual Occupancies

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

 

Landscaping

 

Preferred Solution

Assessment

S1

40% of the total site area (162.5m2) is provided as landscaped area.

53%, complies.

S1

A minimum of 25m² of useable private open space is to be provided.

Complies.

S1

Each dwelling must provide an area of private open space capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

Complies.

S1

Private open space in the front yard area is located behind the building line.

Not applicable.

S6

20% of the total site area (81.2m2) has permeable treatment.

33%, complies.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of 406.2m2 in area is a maximum floor space ratio of 0.6:1 (243.7m2 GFA).

0.72:1 or 292.7m2 GFA

Refer to comments below.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

Northern elevation:

Maximum 10.8m (to apex of roof)

 

Southern elevation:

Maximum 9.6m (to topmost point of side screens to first floor balcony)

 

Refer to comments below.

S1

External wall height of buildings or additions to the rear does not exceed 3.5 m.

Garage:

Maximum 6.4m (northern elevation) above existing ground level

 

Refer to comments below.

S3

Cut or fill does not exceed 1m.

The proposal requires excavation reaching depths of approximately 2.5m to 3m in the western section of the site.

 

The land has a significant fall and excavation is inevitable to provide functional floor plate below the existing ground lines. Notwithstanding, the retaining wall structures will be contained within the dwelling and will not be exposed to the public domain.

 

As will be discussed in the following paragraphs, the height and scale of the development are considered to relate appropriately to the site landform, and will not detract from the character of the neighbourhood, subject to the recommended condition.

 

Standard conditions are also recommended to ensure suitable soil retention measures are implemented during works on the site.

 

Subject to the above conditions, the proposal is considered to be satisfactory in this regard.

S3

No excavation within 900mm of a side boundary.

The proposed excavation area will be setback approximately 900mm from the northern side boundary.

 

Standard construction management conditions are recommended to require the installation of suitable soil retention measures during works on the site. A further condition is recommended to require the preparation of a dilapidation report relating to the adjoining properties prior to the commencement of works.

S3

No excavation within 4m of a rear boundary.

No excavation is proposed within 4m of the rear (eastern) boundary.

S4

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

The southern elevation of the first floor level has a length of approximately 16.4m, inclusive of the balcony screen. However, the overall massing of the development is considered to be acceptable, subject to a condition that requires deletion of part of the privacy screens to the top floor balcony. The length of the external walls will not cause any unreasonable shadow impacts on the southern neighbours. Refer to detailed discussion below.

S5

The second storey portion of a semi-detached dwelling be confined to within the existing roof space or be set back from the front elevation behind a substantial portion of the existing roof form and the design respects the symmetry of the adjoining semi-detached dwelling.

 

Not applicable.

 

Built form, height and FSR

The Objectives and Performance Requirements of the DCP in relation to floor space ratio aim to ensure that developments are not excessive in bulk or scale, are compatible with the existing character of the locality, and will minimise adverse amenity impacts on the neighbouring properties.

 

The proposed development will exceed the FSR preferred solution by 0.12:1, which equates to 49m2 GFA.

 

The Objectives of the DCP in relation to external wall height are to ensure developments are not excessive in height and scale, but are compatible with the existing character of the locality. The DCP aims to ensure buildings preserve privacy and natural light access for neighbouring residents and allow sharing of views.

 

The proposal has maximum external wall heights of 9.6m (southern elevation) to 10.8m (northern elevation), and exceeds the preferred solution by 2.6m to 3.8m respectively.

 

Notwithstanding the above deviation from the preferred solutions of the DCP, the development scheme is considered to be acceptable for the following reasons:

 

Perspective sketch of the proposed development as viewed from the downhill side of Cairo Street looking west

 

Perspective sketch of the proposed development as viewed from the Garnet Street / Cairo Street intersection looking north-east

 

·    The southern side of Cairo Street is predominantly characterised by two- and three-storey detached dwellings, where the lowest level accommodates parking facility with minimal setback from the property alignment with the upper habitable storeys stepped in to provide an open terrace above the garage. The dwellings do not exhibit any prevailing architectural style. There is a mixture of more traditional hipped and pitched roofed houses interspersed with modern rectilinear shaped dwellings. The buildings, however, sequentially step down the street in response to the steep topography of the local landform.

 

The subject site occupies the northern side of Cairo Street, between Garnet Street and the cliff that traverses the road reserve. No. 46 Wolseley Road is sunken below the upper section of Cairo Street and is not prominently visible.

 

The eastern side of Garnet Street is predominantly characterised by garage buildings with minimal setback from the front property alignment. The main dwellings generally have a height of 3 storeys and are positioned behind the parking facilities.

 

From left to right: Nos. 7, 5, 3 and 1 Cairo Street

From left to right: Nos. 11 and 9 Cairo Street

 

The site occupies a prominent corner location and has a significant fall. In response to the topographical constraints, the design scheme proposes a part 2- and part 3-storey dwelling, where the basement storey is situated below the Cairo Street road level. A single-level detached garage is provided at the Garnet Street frontage. In this respect, the site layout and building disposition are consistent with the surrounding residential developments. The general building height, in terms of the number of storeys, is also similar to other dwellings in the vicinity.

 

·    The proposed floor space is enclosed within a geometric structural form. The roof profile initially angles upwards to create an apex, and then gradually slopes down to become a levelled awning above the east-facing top floor balcony.

 

The massing of the development would appear to be concentrated on the downhill side of the site and accentuate the visual bulk. However, as can be seen in the section drawing, the top floor level has actually been setback from the eastern wall alignment below via the provision of a 3m wide balcony. Where the batten screens on the side elevations of the top floor balcony are reduced by approximately 50%, the overall form and profile of the building would relate more appropriately to the site gradient and achieve an acceptable scale. This would also provide visual relief to break down the structural bulk.

 

Therefore, a special condition is recommended to require deletion of a triangular portion of the privacy screens on the side elevations of the balcony. The awning above the balcony and supporting frames could remain as they provide practical sun shading function to the living areas. The above change would reduce the visual bulk to a suitable level.

 

Southern elevation showing balcony screen required to be deleted (hatched in red)

Northern elevation showing balcony screen required to be deleted (hatched in red)

 

·    Full-height vertical batten screens will be installed along the southern boundary as an architectural feature, in lieu of the conventional solution of providing standard fencing on the secondary street frontage. The screens will visually integrate the detached garage with the main dwelling and clearly define the property boundary. The screens will perform security and privacy protection functions. It is considered that the screens will not adversely contribute to the mass of the development as they are not solid structures. A special condition is recommended to require the slats to be spaced so that 50% openness will be achieved. The feature will add to the façade articulation and compliment the contemporary architectural expression of the building without resulting in significant detrimental amenity impacts and therefore is supported.

 

·    The height and scale of the development will reinforce the spatial definition to the prominent street corner.

 

Despite the deviation from the DCP preferred solution, the proposed building height will not result in significant overshadowing of the dwellings on the southern side of Cairo Street. As is indicated in the shadow diagrams, the majority of the shadows will fall upon the Cairo Street road reserve without materially impacting on the north-facing windows and terraces of the nearby residences.

 

·    The garage has a height of up to 6.4m as measured from the existing ground level, and exceeds the preferred solution by 2.9m. The deviation from the preferred solution is primarily attributed to the fall of the site. The detached garage will maintain a single-storey scale to Garnet Street and will not detract from the existing streetscape character.

 

·    The building facades are suitably articulated with windows, retractable sun screens and full-height feature batten screens, which together contribute to maintaining a human scale to the streets. The proposed colour palette adopts a combination of darker hue to the metallic elements with light neutral finishes to the main masonry works. The exterior colours and finishes scheme will reinforce the contemporary character of the development.

 

·    As will be discussed in the following sections, the development scheme will not result in any unreasonable adverse impacts on the adjoining and nearby properties in terms of view loss, privacy and overshadowing, subject to conditions.

 

·    The proposed level of floor space will not compromise the environmental performance and living amenity of the dwelling. The development will enjoy good solar access and natural ventilation and will achieve satisfactory energy efficiency outcome.

 

·    The proposal will replace an aged dwelling with a contemporary building that provides upgraded facilities and improved presentation to the streets. The proposal represents an orderly and economic use of the land and satisfies the objectives of the DCP controls.

 

·    The table below provides a summary of the floor space ratio figures of more recent planning approvals in the locality:

 

Comparative analysis of floor space ratios in the locality

Address

DA No.

Site Area (m2)

Approved FSR

5 Cairo Street

774/2007

407.8

0.55:1

7 Cairo Street

195/2001

407.8

0.6:1

11 Cairo Street

360/1998

444.9

0.69:1

4 Garnet Street

440/2006

234.4

0.92:1

6 Garnet Street

526/2011

433.0

0.60:1

46 Wolseley Road

909/2003

408.8

0.70:1

 

It is considered that the proposed FSR is commensurate with the higher range of the more recently approved development density in similarly sized block in the area.

 

·      The western section of the lower ground floor (finished floor level RL53.73) is substantially below the footpath level on the northern side of Cairo Street (refer to the South Elevation for details), and would not contribute to the bulk and scale of the development as much as a full above-ground storey. This section includes the internal stairwell, cellar and amenities. Where this section of the lower ground level (approximately 32m2 in area) is excluded from floor space calculation, the resultant GFA and FSR would be reduced to 260.7m2 and 0.64:1 respectively.

 


Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The garage has nil setback from the Garnet Street boundary. The setback arrangement is consistent with the development pattern along Garnet Street. Satisfactory.

S2

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

The rear setback control does not strictly apply to corner allotments.

 

The proposed building is setback 13.6m from the eastern boundary. The degree of setback is adequate and will not cause any unreasonable adverse impacts upon the surrounding properties in terms of solar access, privacy and view sharing, subject to condition.

S3

Side setbacks be 900mm for any part of the building at ground level.

Northern boundary

Basement level: 869mm

Ground level (western section): 869mm

Southern boundary

Basement level: 1100mm

Ground level (western section): 1100mm

Batten screens: nil setback

S3

Side setbacks be 1.5m at second floor level.

Northern boundary

Ground level (eastern section): 869mm

First level (western section): 869mm

Southern boundary

Ground level (eastern section): 1100mm

First level (western section): 1100mm

Batten screens: nil setback

S3

Side setbacks be 3.0m at third floor level.

Northern boundary

First level (eastern section): 869mm

Southern boundary

First level (eastern section): 1100mm

Batten screens: nil setback

 

The side setback controls aim to allow occupants and neighbours adequate natural lighting and ventilation. The proposal is considered to be satisfactory for the following reasons:

 

 

 

Northern setback:

·    The design scheme has reserved a setback of 869mm from the northern side boundary to the external walls. It is considered that an acceptable level of spatial separation has been provided to ensure adequate natural ventilation for the adjoining dwelling at No. 15 Garnet Street.

 

·    There is a service deck at the ground floor level which has nil setback from the northern common boundary. Notwithstanding, the deck has a limited size and will not detrimentally obstruct natural ventilation for the neighbour.

 

·    As the site is located to the south of No. 15 Garnet Street, there will be no material overshadowing impacts as a result of the deviation from the side setback preferred solution.

 

Southern setback:

·    The southern external walls are setback 1100mm from the Cairo Street alignment across all levels and do not meet the preferred solution. Notwithstanding, the proposed development will not result in any significant shadow impacts on the dwellings on the southern side of Cairo Street.

 

·    The feature batten screens will be installed at the Cairo Street boundary without any setback. Notwithstanding, the screens will retain an adequate degree of openness and will not detrimentally contribute to the visual bulk.

 

The strict adherence to the preferred solution, in this instance, would produce a built form that contains multiple stepping on the side elevations, and would not result in a satisfactory architectural outcome. It would also complicate the structural design without any material additional benefits for the neighbouring residences.

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

Habitable room windows within 9m of another dwelling’s windows are offset by 45 degrees or have fixed obscure glazing below 1.5m above floor level.

Refer to comments below.

S1

Direct view into open space of an adjoining dwelling is obscured or screened within 9m and is beyond a 45 degree angle.

S1

Windows have sill heights of 1.5m or more or fixed obscure glazing below that height.

S3

Buildings comply with AS 371 and AS 2107.

A standard condition is recommended to ensure the construction works comply with the Building Code of Australia. Complies, subject to condition.

 

The Objective of the DCP is to ensure that new buildings and additions will retain visual and acoustic privacy for the occupants and neighbours.

 


Eastern balcony at top level:

The top floor rear balcony is designed and oriented to capture the panoramic ocean views to the east.

 

Submission has been received from the owner of No. 15 Garnet Street raising concerns relating to potential overlooking from the above balcony. The balcony in question has been splayed so that it is setback 869mm to 2000mm from the northern common boundary. The revised design has included a full-height vertical batten screen along the northern side elevation to minimise privacy intrusion.

 

As discussed in the previous paragraphs, a special condition is recommended to require deletion of part of the screens on the side elevations of the balcony, in order to reduce the visual mass of the building. This will also allow additional amount of oblique (south-eastern) views to be retained for the top floor deck and bedroom areas of No. 15 Garnet Street.

 

It is acknowledged that a full height screen will provide better privacy protection for No. 15. However, on balance, the removal of part of the screen would achieve a net benefit in terms of increasing view retention for the northern neighbour and providing visual relief to the facades. Even when part of the screen is deleted as per recommendation, there will still be a separation distance of over 4.5m between the bedroom windows of No. 15 and the edge of the balcony. This is assuming that a person stands at the very edge of the balcony and deliberately looking towards the neighbour, which is unlikely due to the direction of the scenic views. It is therefore considered that a reasonable level of privacy will be maintained even when part of the screen is removed.

 

Service deck on north elevation:

The service deck at the ground floor level has nil setback from the northern common boundary. The deck is attached to the laundry and is designed to provide direct access to the central light well where the clothes drying area will be situated. Given its limited size and intended function, the deck is not anticipated to be frequently used or allow household congregation. A specific condition is recommended to require a suitable privacy screen to be installed to minimise cross viewing to the southern windows of No. 15 Garnet Street.

 

Northern windows:

The bathroom and laundry windows on the northern elevation will be constructed with translucent glazing.

 

The northern window to the ground floor hallway is constructed with obscured glass louvres. It is considered that an acceptable level of privacy protection will be offered to the northern neighbour.

 

The northern window to the top floor living areas has a significant size. Although the plans show that the glazing will be translucent, it is unclear as to whether part of the window will be operable and enable overlooking to the neighbouring dwelling. A specific condition is recommended to ensure that this window is constructed with fixed and translucent glazing as a precautionary measure against potential privacy impacts.

 

Southern windows:

Sightlines from the south-facing windows will be partly restricted by the vertical batten screens. Given the width of the Cairo Street road reserve, these windows are not considered to create any material privacy impacts on the nearby dwellings.

 


Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The main entry to the property is clearly identifiable from Garnet Street. Complies.

S1,3

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

Complies.

S2

A Council-approved street number is conspicuously displayed at the front of the dwelling or front fence.

To be required by condition.

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

Council’s Parking DCP requires 1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

2 car spaces are provided, complies.

S1

Car parking spaces have a minimum dimension of 5.5m x 2.5m.

Complies.

S1

Driveways have minimum width of 3m and are set back at least 1m from the side boundary.

Complies.

S1

Driveways have a maximum width of 3m at the property boundary.

The driveway will be modified to achieve a width of 5.4m at the property boundary.

 

The driveway width is required to enable efficient and safe manoeuvring of vehicles into and out of the garage. The existing Canary Island Date Palm immediately to the north of the existing driveway will be retained, which will contribute to the visual softening of the parking and access facilities.

S1

Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from street alignment and 1 in 6 thereafter.

Complies.

S1

With respect to garages and carports to rear lanes these should be set back 1m to improve pedestrian visibility.

Council’s Development Engineer has reviewed the parking design and raised no objections on safety grounds.

S2

Parking and access is provided from the rear of the allotment where possible.

The location of the garage is consistent with the development pattern in Garnet Street.

S2

Garages and carports located behind the building line where parking only available from the front of the site.

The location of the garage is consistent with the development pattern in Garnet Street.

S2

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

66%

The proposal does not meet the preferred solution due to the limited width of the Garnet Street site frontage. Notwithstanding, the location of the parking facility is consistent with the development pattern in the area. The existing Canary Island Date Palm immediately to the north of the existing driveway will be retained, which will contribute to the visual softening of the parking and access facilities.

 

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

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

Garnet Street:

The proposed security gates at the Garnet Street frontage have a height of approximately 1m to 1.3m. The above security devices do not detract from the streetscape pattern.

 

Cairo Street:

The adequacy of the batten screen design has already been addressed in the previous paragraphs.

 

There is an existing masonry wall along the southern boundary of the site, the majority of which has been constructed within Council’s land. The proposal involves partial demolition and selective lowering of the wall to accommodate the batten screen structures. The above works will enable realisation of the design scheme and are considered to be satisfactory.

 

A special condition is recommended to ensure the retained portions of the boundary walls are appropriately finished to improve the streetscape presentation of the development.

S1

Fences in front of the building line or on street frontages may be up to 1.8m provided that the upper two thirds is at least 50% open.

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

New dwellings comply with a minimum of 3.5 stars on the NatHERS.

 

Refer to “BASIX”.

S2

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

Complies.

S2,8

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

The north-facing window to the top floor living areas will receive a minimum of 3 hours of direct sunlight over part of its area between 9am and 3pm on 21 June. Complies.

 

S9

Solar access to existing or future solar collectors on adjacent buildings is maintained between 9am and 3pm each throughout the year.

 

The proposal will not cast any shadows over the roofs of the nearby dwellings to the south. Complies.

S9

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

Complies.

S9

Principal outdoor recreation space of neighbouring dwellings receives at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

Complies.

 

Foreshore Development

 

Preferred Solution

Assessment

P1

Buildings do not encroach on the Foreshore Building Line.

 

Not applicable.

P2

Building form, colours, materials and finishes are sympathetic to surrounding natural forms.

 

Satisfactory. Refer to discussions above.

P3

Stepped buildings on sloping sites are articulated to reflect human scale.

 

Satisfactory. Refer to discussions above.

P4

Buildings incorporate sufficient setbacks to allow planting and a fair share of views.

The proposal will allow reasonable view sharing with the adjoining and nearby properties, subject to condition. Refer to detailed discussions below.

 

P5

Ancillary structures do not detract from the appearance of developments and are sympathetic to the landscape and visual qualities of the foreshore.

Satisfactory.

 

The proposed development has implications on the views currently obtained from the following properties and submissions from the owners have been received:

 

·      1 Cairo Street, South Coogee

·      3 Cairo Street, South Coogee

·      5 Cairo Street, South Coogee

·      7 Cairo Street, South Coogee

·      9 Cairo Street, South Coogee

·      11A Denning Street, South Coogee

·      15 Denning Street, South Coogee

·      9 Garnet Street, South Coogee

·      11 Garnet Street, South Coogee

·      15 Garnet Street, South Coogee

 

The proposed works will also have varying degree of impacts on the views obtained from different parts of the Cairo Street stairs.

 

The following paragraphs provide a four-step analysis of view loss established in the NSW Land and Environment Court case, Tenacity v Warringah Council (2004).

 

The red lines contained in the attached photographs are traced by computer program based on the height poles installed on the site.

 

Step 1: The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (e.g. of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, e.g. a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.”


 


(i) No. 1 Cairo Street

Ground floor sunroom – northern windows (eastern portion)

Views from inside the sunroom

 

Views captured when leaning over the window sills

 

Current views

At present, the eastern section of the northern sunroom windows enjoys oblique views of the whole Wedding Cake Island. The Clovelly Bay headlands and horizon are clearly visible although criss-crossed by TV antennae and overhead cabling in the vicinity. The views are available at both standing and sitting positions.

 

Anticipated view loss

The revised design has slightly adjusted the southern alignment of the top floor rear balcony. However, the height poles are still representative of the expected impacts.

 

It is anticipated that up to approximately 50% of Wedding Cake Island will be obscured following the proposed development, depending on the height of the person.

 

Where a person deliberately leans out of the window, the view loss would be reduced to approximately 1/3 of Wedding Cake Island or less, depending on the height of the person.

 

Ground floor sunroom – northern windows (western portion)

 

Current views

The western section of the northern windows enjoys oblique, partial views of Wedding Cake Island broken by a power pole in Cairo Street. The views are captured at both standing and sitting positions.

 

Anticipated view loss

Following the development, the majority of Wedding Cake Island will be obscured from this part of the northern windows.

 


 

Ground floor sunroom – eastern windows

 

Current views

The eastern windows to the sunroom enjoy whole views of Wedding Cake Island as well as partial views of the rock platform in Trenerry Reserve. The views are available at both standing and sitting positions.

 

Anticipated view loss

Following the development, it is anticipated that views to the majority of Wedding Cake Island will be retained. A very small portion of the rock platform will be obscured.

 


 

(ii) No. 3 Cairo Street

Ground floor study – western end

 

Current views

The western study room enjoys oblique views of the whole Wedding Cake Island. Partial ocean views with the horizon line are also captured from the window. A very small portion of Clovelly Bay headland is visible above the dwellings in Garnet Street.

 

Wedding Cake Island and the ocean are visible at both standing and sitting positions. The distant headland is visible at a standing position.

 

Anticipated view loss

The whole Wedding Cake Island and the majority of the water elements will continue to be visible following the development.

 

The existing highly restricted views to Clovelly Bay headland will be obscured.

 

 

 

 

 

 

 

 

Ground floor study – eastern end

Current views

The eastern study room enjoys oblique views of the whole Wedding Cake Island. Ocean views with sky-water interface are also captured from the window. A small portion of the distant Clovelly Bay headlands are visible above the dwellings in Garnet Street. The above views are available at both standing and sitting positions.

 

Anticipated view loss

Views of the entire Wedding Cake Island will be retained.

 

The distant Clovelly Bay headlands and a small portion of general water elements will be obscured.

 

First floor living room

Standing views within the living room

 

Sitting views within the sitting room

 

Current views

The first floor living room enjoys wide views of the ocean, the horizon line, the whole Wedding Cake Island and the Clovelly Bay headlands. Part of the rock platforms in Trenerry Reserve is also visible. The views are captured at both standing and sitting positions.

 

Anticipated view loss

It is anticipated that only a small portion of the rock platform in Trenerry Reserve and general water elements will be obscured. Views of Wedding Cake Island and Clovelly Bay headlands will not be affected.

 

First floor balcony

Standing views at first floor balcony

 

Sitting views at first floor balcony

Current views

The first floor balcony enjoys wide views of the ocean, the horizon line, the whole Wedding Cake Island and the Clovelly Bay headlands. Broken views of the rock platform and lawn areas in Trenerry Reserve are also obtained. The views are captured at both standing and sitting positions.

 

Anticipated view loss

It is anticipated that the lawn areas in Trenerry Reserve as well as small portions of the rock platforms and water elements will be obscured.

 

Views of Wedding Cake Island and Clovelly Bay headlands will not be affected.

 

(iii) No. 5 Cairo Street

Ground floor front terrace

Current views

The front terrace captures wide views of the ocean, the horizon line and the whole Wedding Cake Island. Part of the rock platforms and lawn areas in Trenerry Reserve, which are punctuated by existing vegetation, buildings and overhead power lines in the vicinity, are also visible. There are restricted views to the distant Clovelly Bay headlands broken by the existing dwelling on the subject site. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

The revised design has slightly adjusted the southern alignment of the top floor rear balcony. However, the height poles are still representative of the expected impacts.

 

Following the development, approximately half of the existing restricted views to Clovelly Bay headlands will be obscured. However, the tips of the headlands will still be visible.

 

 

 

 

 

 

 

 

 

 

 

 

 

Ground floor living room – front section

 

Current views

The front portion of the living room captures wide views of the ocean, the horizon and the whole Wedding Cake Island. Part of the rock platforms and lawn areas within Trenerry Reserve, which are punctuated by existing vegetation, buildings and overhead power lines in the vicinity, are also visible. There are restricted views to the distant Clovelly Bay headlands broken by the existing dwelling on the subject site. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

Approximately 60-70% of the restricted views to Clovelly Bay headlands will be obscured, depending on the viewing position. However, the tips of the headlands will still be visible.

 

Ground floor living room – middle section

Current views

The middle section of the living room enjoys views of the ocean, the horizon, a portion of Wedding Cake Island and part of the rock platforms within Trenerry Reserve. There are restricted views to the distant Clovelly Bay headlands, which are broken by the existing dwelling on the subject site. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

Approximately 60-70% of the existing restricted views to Clovelly Bay headlands will be obscured. However, the tips of the headlands will still be visible.

 


 

First floor main bedroom

Views obtained at standing position

 

Views obtained from sitting on the bed

 

Current views

The main bedroom enjoys views of the ocean, the horizon, the whole Wedding Cake Island, part of Clovelly Bay headlands and a portion of the rock platforms within Trenerry Reserve. The ridgeline of Clovelly is seen above the existing dwellings in Garnet Street. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

Approximately 50-60% of the interface between the Clovelly Bay headlands and the water will be obscured. However, the tips of the headlands and their interface with the ocean will be retained.

 

Approximately half of the water elements in Coogee Bay will be obscured.

 

The ridge line in Clovelly will be substantially obscured at a standing position, and completely lost at a sitting position.

 

First floor main bedroom – walk-in-wardrobe area

 

Current views

The wardrobe areas enjoy views of the ocean, the horizon, the whole Wedding Cake Island, part of the Clovelly Bay headlands and a portion of the rock platforms within Trenerry Reserve. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

Following the development, the majority of the Clovelly Bay headlands will be obscured. However, the very tips of the headlands would still be discernible.

 


 

(iv) No. 7 Cairo Street

Ground floor living room terrace

 

Current views

The ground floor terrace enjoys wide views of the ocean, the horizon line, the whole Wedding Cake Island and part of the Clovelly Bay headlands, which are interrupted by power poles and overhead cabling. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

The proposed development will obscure a very small portion of the sky views currently obtained from the terrace.

 

Ground floor living room

 

Current views

The living room enjoys views of the ocean, the horizon and part of the Clovelly Bay headlands, which are interrupted by power poles and overhead wiring. The views are obtained at both standing and sitting positions.

Wedding Cake Island is obliquely visible when a person stands close to the window glazing.

Anticipated view loss

The proposed development will obscure a very small portion of the sky views currently available to the living room.

First floor hallway – top of stairs

 

Current views

Highly restricted district views of Clovelly and a small amount of water element are obtained from the stairs landing at the top floor level. The views are obtained at both standing and sitting positions.

Anticipated view loss

Following the proposed development, approximately 60% of the already restricted district views and a small portion of the sky will be obscured.

 


 

First floor main bedroom

Current views

The main bedroom enjoys views of the ocean, the horizon and Clovelly Bay headlands. The whole Wedding Cake Island is obliquely visible when a person deliberately stands or sits close to the window glazing and orientates towards the north-east.

 

Anticipated view loss

Following the development, a small portion of the Clovelly district views and a tiny amount of water elements will be obscured.

 

First floor bedroom balcony

 

Current views

The first floor balcony presently enjoys wide views of the ocean, the horizon and Clovelly Bay headlands. The whole Wedding Cake Island is visible. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

Following the proposed development, a small portion of the Clovelly district views and a tiny amount of water elements will be obscured.

 

(v) No. 9 Cairo Street

First floor living room

 

Current views

The living room enjoys views of the ocean, the horizon, the whole Wedding Cake Island and Clovelly Bay headlands. These views are captured at both standing and sitting positions.

 

Part of Trenerry Reserve and the South Coogee rock platforms are visible at a standing position.

 

Anticipated view loss

The proposed development is situated at a more uphill location and none of the iconic and scenic elements in the views will be affected.

 

First floor deck

Current views

The first floor deck enjoys wide, unbroken views of the ocean, the horizon, the whole Wedding Cake Island and Clovelly Bay headlands. Part of Trenerry Reserve and the South Coogee rock platforms are visible. The above elements are captured at both standing and sitting positions.

 

Anticipated view loss

The proposed development is situated at a more uphill location and none of the iconic and scenic elements in the views will be affected.

 

Ground floor deck

There is a deck at the ground floor level above the garage. The deck has a similar view to that of the storey above and is not expected to suffer any material view loss as a result of the proposal.

 

(vi) No. 11A Denning Street

Ground floor living room deck

 

Current views

The ground floor deck currently obtains partial views of the horizon, which are punctuated by the Canary Island Date Palms on Garnet Street . A small portion of Wedding Cake Island is discernible behind the palm trees.

Anticipated view loss

A very small portion of the filtered water elements between the existing street trees will be obscured following the proposed development.

 


 

Ground floor living room windows

 

Current views

The living room windows currently obtain broken views of the sky-water interface, which are punctuated by the Canary Island Date Palms on Garnet Street. A small portion of Wedding Cake Island is discernible behind the palm trees.

 

Anticipated view loss

The proposed development is generally hidden behind the existing vegetation and is barely visible from the living room areas. No material view loss is expected.

 

Upper rear yard

 

Current views

The upper rear yard obtains broken views of the horizon and general water elements, which are heavily punctuated by the existing buildings and trees (Canary Island Date Palms) in Garnet Street.

 

Anticipated view loss

It is anticipated that a small portion of the filtered water elements will be obscured following the development.

 

Lower rear yard

 

Current views

The lower rear yard obtains restricted views of the horizon and general water elements, which are heavily broken by the existing buildings and vegetation in Garnet and Cairo Streets. Distant views of a small portion of Wedding Cake Island are discernible behind the palm trees in Garnet Street.

 

Anticipated view loss

It is anticipated that a small portion of the filtered water elements will be obscured following the development.

 


 

(vii) No. 15 Denning Street

Ground floor living room balcony

Views from northern edge of balcony

Views from middle section of balcony

 

 

Current views

The living room balcony currently enjoys views of the ocean, the horizon and Wedding Cake Island, punctuated by the palm trees within No. 15 Denning Street itself. Part of the Clovelly Bay headlands is visible. There are restricted views to the lawns and rock platforms within Trenerry Reserve, which are broken by the existing dwellings in Garnet Street . The views are obtained at both standing and sitting positions.

 

Anticipated view loss

The majority of the existing restricted views to the rock platforms and wetland areas within Trenerry Reserve will be obscured.

 

Ground floor living room – northern windows

Ground floor living room of the dwelling; the northern windows are seen on the left-hand-side of the photograph

Views from the northern windows in the living room

 

Current views

The northern windows of the living room enjoy partial ocean views with the horizon line and the whole Wedding Cake Island clearly visible. A very small portion of the rock platforms within Trenerry Reserve is discernible. The views are captured at both standing and sitting positions.

 

Anticipated view loss

Following the development, the majority of the current restricted views to the rock platforms will be obscured.

 

First floor bedroom balcony

Views from balcony looking east

 

Views from balcony looking north-east

 

Current views

The first floor bedroom balcony captures panoramic views of the ocean, the horizon and the entire Wedding Cake Island. The Clovelly Bay headlands, punctuated by power pole and overhead cabling in the area, are clearly visible. Partial views of the rock platforms in Trenerry Reserve, broken by existing dwellings in Garnet Street, are obtained. The views are captured at both standing and sitting positions.

 

Anticipated view loss

Following the development, approximately 40-50% of the current views to the rock platforms and their interface with the water will be obscured.

 

First floor bedroom

Eastern windows of the bedroom are seen on the right-hand-side of the photograph

 

Northern windows of the bedroom are seen on the left-hand-side of the photograph

 

Current views

The northern and eastern windows of the main bedroom enjoy wide views of the ocean, the horizon and the entire Wedding Cake Island. The Clovelly Bay headlands are visible at certain angles. Partial views of the rock platforms within Trenerry Reserve, broken by existing dwellings in Garnet Street, are obtained. The views are generally captured at a standing position. A smaller degree of the views is obtained at a sitting position.

 

Anticipated view loss

Approximately 50% of the current views to the rock platforms within Trenerry Reserve will be obscured from the bedroom windows following the proposed development.

 


 

First floor northern balcony

Northern balcony at the first floor level

 

Views from the first floor northern balcony

 

Current views

The balcony currently enjoys partial ocean views broken by existing vegetation. Wedding Cake Island is almost wholly visible. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

Following the proposed development, a small portion of the general water elements will be obscured.

 

Lower ground floor balcony

 

Current views

The lower ground floor balcony captures wide views of the ocean punctuated by existing vegetation within the site and the locality. The whole Wedding Cake Island is clearly visible. The views are obtained a both standing and sitting positions.

 

Anticipated view loss

Following the proposed development, a small portion of the general water elements will be obscured.

 


 

Outdoor terrace at bottom of site

Standing views from the outdoor terrace at the bottom of the site

 

Sitting views from the outdoor terrace at the bottom of the site

 

Current views

The outdoor terrace captures wide views of the ocean and horizon punctuated by existing vegetation within the site and the locality. The whole Wedding Cake Island is clearly visible. The views are obtained at both standing and sitting positions.

Anticipated view loss

Following the development, the whole Wedding Cake Island will remain visible at a standing position. At a sitting position, approximately half of the interface between the Island and the water will be obscured.

 

Northern terrace at ground level

 

 

Current views

The northern terrace (forecourt to the main entry) at the ground level enjoys partial views of the ocean and the horizon. Wedding Cake Island is substantially obscured by the existing Canary Island Date Palm outside the subject site. The views are obtained at both standing and sitting positions.

 

Anticipated view loss

Following the development, a small portion of the general water element will be obscured.

 

 


 

(viii) No. 9 Garnet Street

Ground floor living room deck

Current views

The deck attached to the living room presently captures panoramic views of the ocean, the majority of Clovelly Bay headlands, and a small portion of Lurline Bay headlands. Wedding Cake Island is obscured by an existing palm tree.

 

Anticipated view loss

The red lines denote the top floor balcony and screens of the development. The proposal will only occupy a negligible portion of the sky views obtained from the deck. None of the water or scenic elements in the views will be affected.

 

First floor bedroom deck

Current views

The deck attached to the main bedroom presently captures panoramic views of the ocean, the horizon, the whole Wedding Cake Island, the majority of Clovelly Bay headlands, and a small portion of Lurline Bay headlands.

 

Anticipated view loss

The proposal will only occupy a negligible portion of the sky views currently obtained from the deck. None of the water, scenic or iconic elements in the views will be affected.

 

(ix) No. 11 Garnet Street

 

The submissions from No. 11 Garnet Street do not contain any contact telephone numbers. A letter dated 28 September 2011 was sent to the above address requesting for permission to inspect. No response has been received. Consequently, no inspection for this property has been undertaken.

 

The key ocean and iconic views are generally available in an easterly and north-easterly direction. The subject site is located to the south of No. 11 Garnet Street. Additionally, the site is separated from No. 11 Garnet Street by the dwelling at No. 15 Garnet Street. Due to the degree of spatial separation and orientation of the views, the proposed development is unlikely to have any material impact on No. 11 Garnet Street.

 

(x) No. 15 Garnet Street

Ground floor living room deck

Current views

At present, the ground floor deck captures panoramic views of the ocean, the horizon and Wedding Cake Island. Filtered views of the Clovelly Bay headlands are obtained through existing vegetation in the area. There are restricted, oblique views of Lurline Bay headlands which are significantly broken by existing dwellings in Cairo Street. The views are captured at both standing and sitting positions.

 

Anticipated view loss

Following the proposed development, part of the sky views currently available to the deck will be obscured. However, none of the scenic and iconic elements will be affected.

 

First floor main bedroom balcony

Views from the northern edge of the balcony

 

Views from the middle part of the balcony

 

Current views

The first floor deck captures panoramic views of the ocean and the horizon, including whole views of Wedding Cake Island, Clovelly Bay headlands and North Coogee headlands. Filtered views of Trenerry Reserve through existing vegetation in the locality are obtained. There are restricted, oblique views of Lurline Bay headlands, which are broken by existing dwellings in Cairo Street. The views are captured at both standing and sitting positions.

Anticipated view loss

Following the proposed development, the current restricted views to Lurline Bay headlands will be further reduced such that it will not be readily visible when a person is standing at the southern edge of the balcony. In the middle section of the balcony, approximately half of the existing headland views will be retained. At the northern edge, the majority of the existing headlands views will be retained.

First floor main bedroom

Current views

At present, the main bedroom enjoys panoramic views of the ocean and the horizon, including the whole Wedding Cake Island. Part of the South Coogee rock platforms and Trenerry Reserve are visible. Restricted views of Lurline Bay headlands, which are broken by existing dwellings in Cairo Street, are obliquely visible. The views are obtained at both standing and sitting positions.

Anticipated impacts

Following the proposed development, the majority of the current restricted views to Lurline Bay headlands will be lost. A small portion of the interface between the headland and the water will be retained.

(xi) Cairo Street public domain

Top of street, landscaped areas

 

Current views

The current views include the ocean and the horizon criss-crossed by power poles and overhead wiring in the area. Wedding Cake Island is partially obscured by an existing palm tree outside the subject site on Garnet Street.

 

Anticipated view loss

A small portion of general water elements will be obscured. There will be no impacts on the existing partial views to Wedding Cake Island.

 

Outside No. 15 Denning Street – top of stairs

Current views

The current views include the ocean, the horizon and the whole Wedding Cake Island criss-crossed by power poles and overhead cabling. 

 

Anticipated view loss

Part of the interface between Wedding Cake Island and the water as well as a small amount of general water elements will be obscured.

 

Outside No. 1 Cairo Street – upper landing

Current views

The current views include the ocean, the horizon and the whole Wedding Cake Island criss-crossed by power poles and overhead cabling. 

 

Anticipated view loss

The whole Wedding Cake Island and a small amount of general water elements will be obscured.

 

Outside No. 1 Cairo Street – mid landing

Current views

The current views include the ocean and the horizon criss-crossed by power poles and overhead cabling. The Clovelly Bay headlands are filtered by existing palm trees in Garnet Street. A portion of Wedding Cake Island is visible.

Anticipated view loss

The current restricted views to Wedding Cake Island will be completely obscured.

Outside No. 1 Cairo Street – lower landing

Current views

The current views include the ocean and the horizon criss-crossed by power poles and overhead cabling. A small portion of Wedding Cake Island is visible above the existing dwelling on the subject site. Part of the distant Clovelly Bay headlands is visible.

Anticipated view loss

The existing restricted views to Wedding Cake Island and a small amount of general water elements will be obscured.


 

Outside No. 3 Cairo Street – upper landing

Current views

The current views include the ocean and horizon criss-crossed by power poles and overhead cabling. Views of Wedding Cake Island are generally obstructed by a nearby power pole as well as the existing dwelling on the subject site.

Anticipated view loss

The majority of the current restricted views to Wedding Cake Island will be lost.

 

Outside No. 3 Cairo Street – lower landing

Current views

The current views include the ocean and the horizon criss-crossed by power poles and overhead cabling. Part of Wedding Cake Island is visible above the existing dwelling on the subject site.

Anticipated view loss

Approximately half of the current restricted views to Wedding Cake Island will be obscured.

Outside No. 5 Cairo Street – upper landing

 

Current views

The current views include the ocean and the horizon criss-crossed by power poles and overhead cabling. The whole Wedding Cake Island is visible.

 

Anticipated view loss

A very small amount of general water and sky elements will be obscured. There will be no impacts on existing views to Wedding Cake Island.

 

Outside No. 5 Cairo Street – lower landing

Current views

The current views include the ocean and the horizon criss-crossed by power poles and overhead cabling. The whole Wedding Cake Island is visible.

Anticipated view loss

A small portion of sky elements will be obscured. There will be no impacts on existing views to Wedding Cake Island.

 

Outside No. 9 Cairo Street

Current views

The current views include the ocean and the horizon criss-crossed by power poles and overhead cabling. The whole Wedding Cake Island is visible.

Anticipated view loss

A small portion of sky elements will be obscured. There will be no impacts on existing views to Wedding Cake Island.

 


 

Outside No. 11 Cairo Street

Current views

The current views include the ocean and the horizon criss-crossed by power poles and overhead cabling. The whole Wedding Cake Island is visible.

Anticipated view loss

A small portion of sky elements will be obscured. There will be no impacts on existing views to Wedding Cake Island.

 

 

Step 2: The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.”

 

No. 1 Cairo Street

Ground floor sunroom – northern windows

·      Views across side boundaries of subject site

·      Standing and sitting views

Ground floor sunroom – eastern windows

·      Views across side boundaries of subject site, No. 46 Wolseley Road and No. 3 Cairo Street

·      Standing and sitting views

No. 3 Cairo Street

Ground floor study – western end

·      Views across side boundaries of subject site

·      Standing and sitting views

Ground floor study – eastern end

·      Views across side boundaries of subject site

·      Standing and sitting views

First floor living room

·      Views across side boundaries of subject site

·      Standing and sitting views

First floor balcony

·      Views across side boundaries of subject site, No. 46 Wolseley Road and No. 5 Cairo Street

·      Standing and sitting views

No. 5 Cairo Street

Ground floor front terrace

·      Views across side boundaries of subject site, No. 46 Wolseley Road and No. 7 Cairo Street

·      Standing and sitting views

Ground floor living room – front section

·      Views across side boundaries of subject site, No. 46 Wolseley Road and No. 7 Cairo Street

·      Standing and sitting views

Ground floor living room – middle section

·      Views across side boundaries of subject site

·      Standing and sitting views

First floor main bedroom

·      Views across side boundaries of subject site, No. 46 Wolseley Road and No. 7 Cairo Street

·      Standing and sitting views

First floor main bedroom – walk-in-wardrobe area

·      Views across side boundaries of subject site and No. 46 Wolseley Road

·      Standing and sitting views

No. 7 Cairo Street

Ground floor living room terrace

·      Views across side boundaries of subject site, No. 46 Wolseley Road and No. 9 Cairo Street

·      Standing and sitting views

Ground floor living room

·      Views across side boundaries of subject site and No. 46 Wolseley Road

·      Standing and sitting views

First floor hallway – top of stairs

·      Views across side boundaries of subject site

·      Standing and sitting views

First floor main bedroom

·      Views across side boundaries of subject site and No. 46 Wolseley Road

·      Standing and sitting views

First floor bedroom balcony

·      Views across side boundaries of subject site and No. 46 Wolseley Road

·      Standing and sitting views

No. 9 Cairo Street

First floor living room

·      Views across side boundaries of subject site and No. 46 Wolseley Road

·      Standing and sitting views

First floor deck

·      Views across side boundaries of subject site, No. 46 Wolseley Road and No. 11 Cairo Street

·      Standing and sitting views

Ground floor deck

·      Views across side boundaries of subject site, No. 46 Wolseley Road and No. 11 Cairo Street

·      Standing and sitting views

No. 11A Denning Street

Ground floor living room deck

·      Views across front boundaries of properties on eastern side of Garnet Street (including subject site), as well as side boundaries of properties on southern side of Cairo Street

·      Standing and sitting views

Ground floor living room

·      Views across front boundaries of properties on eastern side of Garnet Street (including subject site)

·      Standing views

Upper rear yard

·      Views across front boundaries of properties on eastern side of Garnet Street (including subject site)

·      Standing and sitting views

Lower rear yard

·      Views across front boundaries of properties on eastern side of Garnet Street (including subject site), as well as side boundaries of properties on southern side of Cairo Street

·      Standing and sitting views

No. 15 Denning Street

Ground floor living room balcony

·      Views across side boundaries of subject site, dwellings on eastern side of Garnet Street and No. 46 Wolseley Road

·      Standing and sitting views

Ground floor living room – northern windows

·      Views across side boundaries of subject site and dwellings on eastern side of Garnet Street

·      Standing and sitting views

First floor bedroom balcony

·      Views across side boundaries of subject site, dwellings on eastern side of Garnet Street and dwellings on southern side of Cairo Street, as well as over landscaped strip in the Garnet Street road reserve

·      Standing and sitting views

First floor bedroom

·      Views across side boundaries of subject site, dwellings on eastern side of Garnet Street and dwellings on southern side of Cairo Street, as well as over landscaped strip in the Garnet Street road reserve

·      Standing and sitting views

First floor northern balcony

·      Views across front and side boundaries of subject site and dwellings on eastern side of Garnet Street, as well as over the Cairo Street road reserve

·      Standing and sitting views

Lower ground floor balcony

·      Views across side boundaries of subject site, dwellings on eastern side of Garnet Street , as well as dwellings on southern side of Cairo Street

·      Standing and sitting views

Outdoor terrace at bottom of site

·      Views across side boundaries of subject site, dwellings on eastern side of Garnet Street , as well as No. 1 Cairo Street

·      Standing and sitting views

Northern terrace at ground level

·      Views across front and side boundaries of subject site and dwellings on eastern side of Garnet Street, as well as over the Cairo Street road reserve

·      Standing and sitting views

No. 9 Garnet Street

Ground floor living room deck

·      Views across rear boundaries of Wolseley Road dwellings, as well as side boundaries of No. 11 and No. 15 Garnet Street and the subject site

·      Standing and sitting views

First floor bedroom deck

·      Views across rear boundaries of Wolseley Road dwellings, as well as side boundaries of No. 11 and No. 15 Garnet Street and the subject site

·      Standing and sitting views

No. 11 Garnet Street

            

No permission to inspect was granted.

 

It is anticipated that standing and sitting views will be obtained across the rear boundaries of dwellings fronting Wolseley Road , as well as the side boundaries of No. 15 Garnet Street and the subject site.

No. 15 Garnet Street

Ground floor living room deck

·      Views across rear boundaries of Wolseley Road dwellings, as well as side boundaries of dwellings on eastern side of Garnet Street, including the subject site.

·      Standing and sitting views

First floor main bedroom balcony

·      Views across rear boundaries of Wolseley Road dwellings, as well as side boundaries of dwellings on eastern side of Garnet Street, including the subject site.

·      Standing and sitting views

First floor main bedroom

·      Views across rear boundaries of Wolseley Road dwellings, as well as side boundaries of dwellings on eastern side of Garnet Street, including the subject site.

·      Standing and sitting views

Cairo Street footpaths and stairs 

The following analysis focuses on the iconic views of Wedding cake Island and how those views are obtained.

Top of street, landscaped areas

·      Views across front and side boundaries of No. 15 Garnet Street

·      Standing and sitting views

Outside No. 15 Denning Street – top of stairs

·      Views across side boundaries of subject site

·      Standing and sitting views

Outside No. 1 Cairo Street – upper landing

·      Views across side boundaries of subject site

·      Standing views generally

Outside No. 1 Cairo Street – mid landing

·      Views across side boundaries of subject site

·      Standing views

Outside No. 1 Cairo Street – lower landing

·      Views across side boundaries of subject site

·      Standing views

Outside No. 3 Cairo Street – upper landing

No existing views to Wedding Cake Island (obstructed by power pole)

Outside No. 3 Cairo Street – lower landing

·      Views across side boundaries of subject site

·      Standing and sitting views

Outside No. 5 Cairo Street – upper landing

·      Views across side boundaries of subject site and No. 46 Wolseley Road

·      Standing and sitting views

Outside No. 5 Cairo Street – lower landing

·      Views across side boundaries of subject site and No. 46 Wolseley Road

·      Standing and sitting views

Outside No. 9 Cairo Street

·      Views across side boundaries of No. 46 Wolseley Road

·      Standing and sitting views

Outside No. 11 Cairo Street

·      Views across side boundaries of No. 46 Wolseley Road

·      Standing and sitting views

 

Step 3: The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.”

 

No. 1 Cairo Street

Ground floor sunroom – northern windows

Approximately 50% of Wedding Cake Island will be obscured following the development. When a person is standing or sitting behind the western portion of the northern windows, the majority of Wedding Cake Island will be obscured.

 

Degree of impact: severe

Ground floor sunroom – eastern windows

Views to the majority of Wedding Cake Island will be retained. A very small portion of the rock platform and general water elements will be obscured.

 

Degree of impact: minor

No. 3 Cairo Street

Ground floor study – western end

The whole Wedding Cake Island and the majority of the water elements will continue to be visible. The existing highly restricted views to Clovelly Bay headland will be obscured.

 

Degree of impact: minor

Ground floor study – eastern end

Views of the entire Wedding Cake Island will be retained. The distant Clovelly Bay headlands and a small portion of general water elements will be obscured.

 

Degree of impact: moderate

First floor living room

A small portion of the rock platform in Trenerry Reserve and general water elements will be obscured. Views of Wedding Cake Island and Clovelly Bay headlands will not be affected.

 

Degree of impact: minor

First floor balcony

The lawn areas in Trenerry Reserve as well as small portions of the rock platforms and water elements will be obscured. Views of Wedding Cake Island and Clovelly Bay headlands will not be affected.

 

Degree of impact: minor

No. 5 Cairo Street

Ground floor front terrace

Approximately half of the existing restricted views to Clovelly Bay headlands will be obscured. However, the tips of the headlands will still be visible.

 

Degree of impact: moderate

Ground floor living room – front section

Approximately 60-70% of the restricted views to Clovelly Bay headlands will be obscured. However, the tips of the headlands will still be visible.

 

Degree of impact: moderate

Ground floor living room – middle section

Approximately 60-70% of the existing restricted views to Clovelly Bay headlands will be obscured. However, the tips of the headlands will still be visible.

 

Degree of impact: moderate

First floor main bedroom

Approximately 50-60% of the interface between the Clovelly Bay headlands and the water will be obscured. However, the tips of the headlands and their interface with the ocean will be retained. Approximately half of the water elements in Coogee Bay will be obscured. The ridge line in Clovelly will be substantially obscured at a standing position, and completely lost at a sitting position.

 

Degree of impact: moderate to severe

First floor main bedroom – walk-in-wardrobe area

The majority of the Clovelly Bay headlands will be obscured. However, the very tips of the headlands would still be discernible.

 

Degree of impact: moderate to severe

No. 7 Cairo Street

Ground floor living room terrace

The development will obscure a very small portion of the sky views.

 

Degree of impact: negligible

Ground floor living room

The development will obscure a very small portion of the sky views.

 

Degree of impact: negligible

First floor hallway – top of stairs

Approximately 60% of the already restricted district views and a small portion of the sky will be obscured.

 

Degree of impact: minor

First floor main bedroom

A small portion of the Clovelly district views and a tiny amount of water elements will be obscured.

 

Degree of impact: minor

First floor bedroom balcony

A small portion of the Clovelly district views and a tiny amount of water elements will be obscured.

 

Degree of impact: minor

No. 9 Cairo Street

First floor living room

None of the iconic and scenic elements in the views will be affected.

 

Degree of impact: negligible

First floor deck

None of the iconic and scenic elements in the views will be affected.

 

Degree of impact: negligible

Ground floor deck

Not expected to suffer any material view loss.

 

Degree of impact: negligible

No. 11A Denning Street

Ground floor living room deck

A very small portion of the filtered water elements between the existing street trees will be obscured.

 

Degree of impact: minor

Ground floor living room

No material view loss is expected.

 

Degree of impact: negligible

Upper rear yard

A small portion of the filtered water elements will be obscured.

 

Degree of impact: minor

Lower rear yard

A small portion of the filtered water elements will be obscured.

 

Degree of impact: minor

No. 15 Denning Street

Ground floor living room balcony

The majority of the existing restricted views to the rock platforms and wetland areas within Trenerry Reserve will be obscured.

 

Degree of impact: moderate

Ground floor living room – northern windows

The majority of the current highly restricted views to the rock platforms in Trenerry Reserve will be lost.

 

Degree of impact: minor

First floor bedroom balcony

Approximately 40-50% of the current views to the rock platforms in Trenerry Reserve and their interface with the water will be obscured.

 

Degree of impact: moderate

First floor bedroom

Approximately 50% of the current restricted views to the rock platforms within Trenerry Reserve will be obscured.

 

Degree of impact: moderate

First floor northern balcony

A small portion of the general water elements will be obscured.

 

Degree of impact: minor

Lower ground floor balcony

A small portion of the general water elements will be obscured.

 

Degree of impact: minor

Outdoor terrace at bottom of site

The whole Wedding Cake Island will remain visible at a standing position. At a sitting position, approximately half of the interface between the Island and the water will be obscured.

 

Degree of impact: moderate

Northern terrace at ground level

A small portion of the general water element will be obscured.

 

Degree of impact: minor

No. 9 Garnet Street

Ground floor living room deck

The proposal will only occupy a negligible portion of the sky views obtained from the deck.

 

Degree of impact: negligible

First floor bedroom deck

The proposal will only occupy a negligible portion of the sky views obtained from the deck.

 

Degree of impact: negligible

No. 11 Garnet Street

            

 Unlikely to have any material impact.

 

Degree of impact: negligible

No. 15 Garnet Street

Ground floor living room deck

Part of the sky views will be obscured.

 

Degree of impact: negligible

First floor main bedroom balcony

The current restricted views to Lurline Bay headlands will be further reduced such that it will not be readily visible when a person is standing at the southern edge of the balcony. In the middle section of the balcony, approximately half of the existing headland views will be retained. At the northern edge, the majority of the existing headland views will be retained.

 

Degree of impact: moderate

First floor main bedroom

The majority of the current restricted views to Lurline Bay headlands will be lost. A small portion of the interface between the headland and the water will be retained.

 

Degree of impact: moderate

Cairo Street footpaths and stairs 

Top of street, landscaped areas

A small portion of general water elements will be obscured. There will be no impacts on the existing partial views to Wedding Cake Island.

 

Degree of impact: minor

Outside No. 15 Denning Street – top of stairs

Part of the interface between Wedding Cake Island and the water as well as a small amount of general water elements will be obscured.

 

Degree of impact: moderate

Outside No. 1 Cairo Street – upper landing

The whole Wedding Cake Island and a small amount of general water elements will be obscured.

 

Degree of impact: devastating

Outside No. 1 Cairo Street – mid landing

The current restricted views to Wedding Cake Island will be completely obscured.

 

Degree of impact: severe

Outside No. 1 Cairo Street – lower landing

The existing restricted views to Wedding Cake Island and a small amount of general water elements will be obscured.

 

Degree of impact: severe

Outside No. 3 Cairo Street – upper landing

The majority of the highly restricted views to Wedding Cake Island will be lost.

 

Degree of impact: minor

Outside No. 3 Cairo Street – lower landing

Approximately half of the current restricted views to Wedding Cake Island will be obscured.

 

Degree of impact: moderate

Outside No. 5 Cairo Street – upper landing

A very small amount of general water and sky elements will be obscured. No impacts on views to Wedding Cake Island.

 

Degree of impact: minor

Outside No. 5 Cairo Street – lower landing

A small portion of sky elements will be obscured. No impacts on views to Wedding Cake Island.

 

Degree of impact: negligible

Outside No. 9 Cairo Street

A small portion of sky elements will be obscured. No impacts on views to Wedding Cake Island.

 

Degree of impact: negligible

Outside No. 11 Cairo Street

A small portion of sky elements will be obscured. No impacts on views to Wedding Cake Island.

 

Degree of impact: negligible

Step 4: The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.”

 

No. 1 Cairo Street:

The views are presently obtained from the north-facing sunroom of the dwelling, which is reasonably expected to be an intensively utilised living space for the occupants. The views from the northern windows include the whole of Wedding Cake Island, which is anticipated to be obscured by up to approximately 50%, depending on the height of the person.

 

Notwithstanding, the eastern windows of the sunroom will continue to enjoy whole views of Wedding Cake Island.

 

It should be noted that the existing dwelling is single-storey in height and is not considered to have realised the full development potential having regard to the preferred solutions for external wall height and FSR as contained in the DCP – Dwelling Houses and Attached Dual Occupancies. Where this property is altered or redeveloped in the foreseeable future, it could be reasonably anticipated that a first floor level would be constructed, and hence would “recapture” some of the lost views.

No. 3 Cairo Street:

The ground floor study rooms will suffer moderate degree of view loss relating to the distant Clovelly Bay headlands. However, oblique views to the whole of Wedding Cake Island will be retained. The study rooms are not the main living areas of the dwelling, and by virtue of the planning principle, should be given a lesser weight in the assessment.

 

The main living room and deck at the first floor level will continue to capture whole views of Wedding Cake Island as well as the distant Clovelly Bay headlands and their interface with the water. The wide horizon and ocean views will be retained. Only minor view obstruction to a small portion of the rock platforms within Trenerry Reserve and general water elements will occur. There will be minimal impact to the quality of the views obtained from the living room and outdoor recreation deck.

 

Overall, the development is not considered to result in any significant adverse view loss impacts on this property.

 

No. 5 Cairo Street:

·      The proposal will result in the loss of approximately 50-70% of the existing restricted views to the Clovelly Bay headlands from the ground floor living room and deck areas. However, the tips of the headlands will still be visible. There will be no impact on the existing iconic views of Wedding Cake Island.

 

The above views to the distant headlands do not constitute “whole” views as defined in the planning principle, as the majority of the headlands are already obscured by the existing dwelling on the subject site. The views do not present panoramic or wide outline of the natural landform. Given that the horizon, the overwhelming majority of the water elements as well as the whole Wedding Cake Island will not be affected, the proposal is considered to have achieved adequate view sharing.

 

·      In relation to the upper floor bedroom areas, approximately 50-60% of the interface between the Clovelly Bay headlands and the water will be obscured. However, the tips of the headlands and their interface with the ocean will be retained. Approximately half of the water elements in Coogee Bay will be obscured. The ridge line in Clovelly will be substantially obscured at a standing position, and completely lost at a sitting position.

 

The above views are obtained directly across the side boundaries of the subject site, which by virtue of the planning principle, are much more difficult to protect. The views are obtained from the bedroom areas, which are less intensely utilised spaces within the dwelling than the main living room and deck.

 

The proposed development will retain views to the majority of the profile and mass of the Clovelly Bay headlands. The key impact relates to the loss of the land-water interface. However, the forefront portion of the headlands and interface with the ocean will continue to be captured.

 

It should be emphasised that the horizon, the overwhelming majority of the water elements as well as the whole Wedding Cake Island will remain unaffected.

 

Furthermore, a specific condition is recommended to require the deletion of approximately half of the privacy screens to the northern and southern elevations of the top floor deck. This will assist in “regaining” part of the water elements in Coogee Bay.

 

No. 7 Cairo Street:

The dwelling will continue to enjoy panoramic views of the ocean, the whole of Wedding Cake Island and the Clovelly Bay headlands from the main living room, bedroom and external decking and balcony. The loss of sky views and tiny amount of general water elements is not considered to constitute a material impact.

 

The existing views from the first floor hallway at the top of the stairs do not contain any highly scenic elements. They only include a glimpse of the distant Clovelly area and the water, and in any case are already severely restricted by the existing building on the subject site and No. 7 Cairo Street itself.

 

Overall, the development is not considered to result in any significant adverse view loss impacts on this property.

 

No. 9 Cairo Street:

The proposed development is situated at a more uphill location and none of the iconic and scenic views currently obtained from this dwelling will be affected.

 

No. 11A Denning Street:

The views from this property are primarily obtained across the front boundaries of the subject site as well as other dwellings on the eastern side of Garnet Street. Having regard to the planning principle, a heavier weighting to retention of these views should be exercised as compared to the scenario for side boundary or oblique views.

 

The proposed development will only result in loss of some filtered water elements through the existing foliage. The broken horizon which is punctuated by the Canary Island Date Palms on Garnet Street will not be affected by the proposal.

 

Overall, the development is not considered to result in any significant adverse view loss impacts on this property.

No. 15 Denning Street:

The main living room and deck are located at the ground floor level of the dwelling. As discussed in the above analysis, the majority of the existing restricted views to the rock platforms and wetland areas within Trenerry Reserve will be obscured. It should be noted that the views to Trenerry Reserve and the foreshore features therein are already restricted by the existing dwellings in Garnet Street (including the subject site). They do not constitute “whole” view or one that describes the continuous shore line. Whilst the above views contain scenic quality and are desirable to be retained, they are not considered to be critical having regard to the planning principle. Even when the building height is reduced, say by 1m, the majority of the rock platform areas will still be obscured.

 

The first floor bedrooms and decks will also suffer partial loss of the views to the rock platforms in Trenerry Reserve. The degree of obstruction is less than that for the ground floor areas. It is not considered that the impact on these restricted, partial views of the natural features warrant refusal or further amendment to the development scheme for the same reasons.

 

It should be emphasised that the overwhelming majority of the water elements, the horizon, the whole or part of Wedding Cake Island as well as the distant Clovelly Bay headlands as currently captured in the views from the first, ground and lower ground levels, will not be affected by the development.

 

There is more significant impact on views to Wedding Cake Island from the outdoor terrace at the bottom of the site. The interface between Wedding Cake Island and the water will be obscured at a sitting position. The planning principle has stated that protection of sitting views is often unrealistic in established residential areas. Nevertheless, whole views to Wedding Cake Island will be maintained for other areas of the dwelling examined.

 

It is considered that the amount of ocean, scenic and iconic elements retained significantly outweighs the anticipated view loss, and the proposed development is considered to be acceptable in this regard.

 

No. 9 Garnet Street:

As discussed in the paragraphs above, the proposal will have negligible impacts on the views currently available to this dwelling.

 

No. 11 Garnet Street:

As discussed in the paragraphs above, the proposal will have negligible impacts on the views currently available to this dwelling.

 

No. 15 Garnet Street:

The development will result in a degree of obstruction of the distant headlands in Lurline Bay from the top floor bedroom and deck areas. The views are obtained across the side boundary of the subject site, which under the planning principle, are much more difficult to retain. The views are also highly oblique and are generally available when a person deliberately orientates towards the headlands in question.

 

Notwithstanding, a specific condition is recommended to require removal of approximately 50% of the privacy screens attached to the northern and southern elevations of the proposed top floor deck. It is expected that a substantial proportion of the views towards the Lurline Bay headlands will be retained as a result of this condition.

 

Cairo Street public domain:

The public walkways and stairs in Cairo Street enjoy ocean views with varying degree of visibility of Wedding Cake Island. Based on the previous analysis, the following areas will have their existing views to Wedding Cake Island partially or wholly obscured:

 

Top of stairs – outside No. 15 Denning Street

Landings outside No. 1 Cairo Street

Landings outside No. 3 Cairo Street

 

The lawn areas, which are provided with public seating, at the top of the Cairo Street reserve will not have their views to Wedding Cake Island obstructed by the proposed development. Whole views of Wedding Cake Island will be retained for the landings outside the dwellings at Nos. 5 to 11 Cairo Street.

 

It is acknowledged that some loss of iconic view will occur as a result of the development. However, given the considerable length of the walkways where whole views to Wedding Cake Island will be retained, it cannot be established that the proposal will create a detrimental impact on the amenity of the Cairo Street public domain. In any case, general ocean and horizon views will continue to be available throughout the whole length of the street. It is considered that the proposal will not cause unreasonable impacts on the existing view corridors in the public domain.

 

Implications of landscape planting:

The submitted landscape design includes trees and larger shrubs (including Heath Banksia, Coastal Banksia, Tea Tree and New Zealand Christmas Bush), which are capable of reaching a mature height of 3m. The above species will primarily be planted along the eastern and northern boundaries of the site.

 

Areas along the eastern boundary are situated at low levels at approximately RL 50.82 to RL 50.86. As a reference point, the top of the existing boundary walls near the southern boundary is at RL51.99. It is not expected that the vegetation, when reaching maturity, would contribute to any significant view loss due to its location within the site.

 

The selected species along the northern boundary are not considered to result in any material view loss from the northern neighbours, as their views are primarily obtained from elevated decks and windows.

 

Conclusion:

Based on the above reasons, it is considered that further design changes or refusal of the proposal is unwarranted.

 

It is acknowledged that the proposed development contains deviation from the FSR, external wall height and side setback preferred solutions contained in the DCP. Notwithstanding, as is discussed within the body of this report, the proposal is considered to be of a suitable form, scale and bulk. The dwelling will appropriately relate to the contours of the site subject to condition.

 

The development will not constitute an intrusive element in the area, nor will it result in unreasonable overshadowing or privacy impacts. Overall, the proposed development is considered to be acceptable having regard to the broad performance requirements of the DCP.

 

Therefore, the intrusion of the views is justified when considering the compliance of the proposal with the objectives of the planning controls. It is considered that the potential view loss is reasonable in this instance.

 

 

 

 

9.2    Randwick Section 94A Development Contributions Plan

The Section 94A Development Contributions Plan, effective from 2 July 2007, applies to the proposed development. In accordance with the plan, the following monetary levy is required:

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200,000

$1,761,422*

1.0%

$17,614.22

*Note:

 

Development Cost

= construction cost inclusive of GST $1,511,422 + professional fees $250,000

= $1,761,422

 

10.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

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

The Draft Randwick LEP 2012 has been placed on public exhibition.

 

The subject site is zoned R2 Low Density Residential under the Draft LEP. The proposal is consistent with the general aims and the zoning objectives.

 

The LEP map identifies a maximum building height of 9.5m for the site. The proposed building height reaches a maximum of 10.8m. Notwithstanding, the proposed building height is justifiable for the reasons outlined in this report.

 

Clause 4.4 and the LEP map stipulate a maximum FSR of 0.75:1 for the site. The proposed FSR is within the new limit.

 

The proposal is also consistent with the provisions under Clause 6.3 of the Draft LEP relating to Foreshore Scenic Protection Area. The proposal will not result in detrimental visual impacts, subject to the recommended conditions.

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

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

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

Not applicable. 

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

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

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

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

 

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

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

The site is located within an established residential neighbourhood. The site has sufficient area to accommodate the proposed land use and structures. Therefore, the site is considered to be suitable for the proposed development.

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

The issues raised in the submissions have been addressed within the body of this report.

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

The proposal promotes the objectives of the 2A Zone and is not considered to result in unreasonable environmental, social or economic impacts on the locality, subject to the recommended conditions. Therefore, the development is considered to be within public interest.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Leadership in sustainability, excellence in urban design and development.

Direction:  Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development complies with the relevant objectives and performance requirements of DCP – Dwelling Houses and Attached Dual Occupancies. The proportions, massing, colours, materials and finishes of the development are generally acceptable.

 

The proposed floor space is enclosed within a geometric structural form. The roof profile initially angles upwards to create an apex, and then gradually slopes down to become a levelled awning above the east-facing top floor balcony. The massing of the development would appear to be concentrated on the downhill side of the site and accentuate the visual bulk. It is recommended that part of the batten screens on the northern and southern elevations of the top floor balcony be deleted via a condition of consent, in order to provide visual relief and reduce the solid mass of the building. Where the coverage of the screens is reduced, the overall form and profile of the building would relate more appropriately to the site gradient and achieve an acceptable scale.

 

The design scheme incorporates full-height feature batten screens along the southern elevation. The screens will contribute to the façade articulation and compliment the contemporary architectural expression of the building without resulting in detrimental impacts on the neighbours.

 

The proposal will not result in significant adverse impacts upon the amenity of the coastal foreshore and surrounding properties in terms of view sharing, solar access and privacy, subject to the recommended conditions.

 

Therefore, the application is recommended for approval subject to the attached conditions of consent.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 534/2011 for demolition of existing structures and construction of a part 2- and part 3-storey dwelling with detached garage fronting Garnet Street, landscaping and associated works, at No. 17 Garnet Street, South Coogee, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan Number/ Title

Dated

Received

Drawn By

DA-01(J)

15/12/11

28 Dec 2011

Chenchow Little Pty. Ltd.

DA-02(G)

15/12/11

28 Dec 2011

DA-03(G)

15/12/11

28 Dec 2011

DA-04(G)

15/12/11

28 Dec 2011

DA-05(H)

15/12/11

28 Dec 2011

DA-06(H)

15/12/11

28 Dec 2011

DA-07(G)

15/12/11

28 Dec 2011

DA-08(F)

15/12/11

28 Dec 2011

Vertical Batten Screen Details (Amendment A)

Undated

28 Dec 2011

L/01(C)

19/05/11

14 Jul 2011

ATC Landscape Architects & Swimming Pool Designers

 

BASIX Certificate No.

Project Name

Dated

377871S_02

17 Garnet Street, Coogee_02

6 July 2011

 

Amendment of Plans & Documentation

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

 

(a)  The triangular portions of the batten screens on the northern and southern elevations of the first (top) floor eastern balcony, as marked in red on the approved drawings, shall be DELETED.

 

(b)  The batten screens along the southern elevation of the development shall be configured in a manner that achieves 50% openness.

 

(c)  A fixed privacy screen with a minimum height of 1600mm, as measured from the finished floor level, shall be installed along the full length of the northern deck adjacent to the Laundry at the ground floor level of the dwelling.

 

The screen shall be constructed with obscured glass; or 30mm wide metal or timber slats, horizontally or vertically positioned, and spaced at a maximum of 10mm; or another appropriate design that effectively restricts cross viewing to the southern windows of No. 15 Garnet Street.

(d)  The north-facing window to the living / kitchen areas at the first (top) level of the dwelling shall be constructed with fixed and translucent glazing.

 

3.       No air-conditioning units shall be mounted on the roofs of the development.

 

4.       The metal roofs and batten screens of the development shall be finished in a manner that minimises glare and light reflection to the surrounding dwellings. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation to the satisfaction of the Council / Accredited Certifier.

 

5.       The reflectivity index of glazing for windows and balcony balustrades is to be no greater than 20%. Written confirmation of the reflectivity index of glazing materials is to be submitted with the Construction Certificate application to the satisfaction of the Council / Accredited Certifier.

 

6.       Any fencing located on the northern, eastern and western property boundaries of the site shall have a maximum height of 1800mm, as measured from the existing ground levels.

 

On sloping sites or at changes in ground levels, the maximum height of the fence may exceed the above-mentioned specified height by up to 150mm maximum adjacent to any required ‘step-downs’ or changes in ground level.

 

The applicant and owner are advised that the relevant provisions of the Dividing Fences Act 1991 are to be satisfied accordingly and any necessary approvals or agreements should be obtained from the owner/s of the adjoining land beforehand.

 

7.       Any gate openings shall be designed and constructed so that the gates will not open over the footpath or a public place.

 

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

8.       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

9.       The colours, materials and finishes of the external surfaces to the buildings are to be consistent with the Schedule of Proposed External Finishes (Amendment B), undated, prepared by Chenchow Little Pty. Ltd. and stamp-received by Council on 28 December 2011.

 

10.     The masonry walls along the southern boundary of the site shall be appropriately rendered and painted in a manner that is consistent with the approved Schedule of Proposed External Finishes.

 

 

Section 94A Development Contributions

11.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,761,422, the following applicable monetary levy must be paid to Council: $17,614.22.

       

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

 

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

 

Long Service Levy Payments

12.     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

13.     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:

 

·           $3000.00    -      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

14.     The design alignment level (the finished level of concrete, paving or the like) at the property boundary for driveway and pathway in Garnet St shall be:

 

RL 59.95.

 

The design alignment level at the property boundary as issued by Council must be indicated on the building plans for the construction certificate.

     

      The above alignment level and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $462.00 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.

 

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

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.

 

17.     Stormwater runoff shall be discharged via a pipleline/s thru the Cairo St boundary wall, of the subject site, at the eastern end of the site and then in an easterly direction, with sufficient groundcover, and discharged thru Council’s sandstone retaining wall at/near its base.

 

Note:      No seepage water is to be discharged from the site.

 

The applicant is to liaise with either Council’s Co-ordinator Engineering Services or Council’s Drainage Assets Engineer in regards to the construction method of the pipeline along Council’s road reserve and the size and position of the discharge pipe in Council’s retaining wall. These requirements/details are to be determined prior to the issuing of a Construction Certificate and shown in detail on the plans submitted for the Construction Certificate.

 

18.     All site stormwater which is 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.

 

Protection of Council trees

19.     In order to ensure retention of the significant, heritage listed Phoenix canariensis (Canary Island Date Palm) on Council’s Garnet Street verge, to the north of the existing vehicle crossing, as well as the two smaller trees on the Cairo Street public verge, being from west to east, a Lagunaria patersonii (Norfolk Island Hibiscus) and a smaller Pittosporum crassifolium (Karo) in good health, the following measures are to be undertaken:

 

a.  All documentation submitted for the Construction Certificate application must show the retention of these three public trees, with the position and diameter of their trunks and crowns/canopies to be clearly and accurately shown on all drawings.

 

b.  All Construction Certificate plans must also show that the northern edge of the crossing will not be altered, for a minimum radius of 1500mm, measured off the base of the trunk of the Palm at ground level, with any amendments to the existing crossing needing to be performed outside this exclusion zone.

 

c.  In order to prevent the introduction or transfer of the harmful plant pathogen, Fusarium sp, to which this species of palm is particularly susceptible, any tools or machinery to be used for external works on Council property must be disinfected and sterilised, prior to commencement, as well as regularly during the course of the works by soaking for 5 minutes in the following mixture:

 

i.   50% household bleach or 5% quaternary ammonium (eg, Phytoclean, Avis Chemicals); then;

 

ii.   Rinsing affected equipment with clean water and/or 70% alcohol to remove disinfectant.

 

d.  The PCA must ensure that removal of the concrete surface on the northern half of the existing vehicle crossing over Council property is undertaken by hand, not machinery, so as to avoid the indiscriminate damage of roots, with Council’s Landscape Development Officer (9399-0613) to be contacted (giving at least 2 working days notice) to inspect this work being performed, as well as to confirm that the required sterilising of equipment is being performed.

 

e.  Following removal of the surfacing described above, but prior to performing excavations for forming up or constructing the new crossing, Council’s Landscape Development Officer must inspect any roots encountered, and where permission is granted for their pruning in order to accommodate the proposed works, they must be cut cleanly by hand (using only sterilised tools), with the affected area to be backfilled with clean site soil as soon as practically possible so that roots are not left exposed to the atmosphere.

 

f.   Any imported soils to be used on the verge beneath the palm must adhere to AS4419 – 2003: Soils for landscaping & garden use, with a certificate of compliance to be provided to the PCA (with a copy to be forwarded to Council if not the PCA), prior to issuing a Final Occupation Certificate.

 

g.  Any excavations associated with the installation of new services, pipes, stormwater systems or similar over the Garnet Street verge must be located along the southern side of the crossing, and if required along the Cairo Street verge, a minimum distance of 2.5 metres to the east of the most eastern street tree, so as to minimise root damage.

 

h.  Prior to the commencement of any site works, the trunk of the palm is to be physically protected by geo-textile, underfelt or layers of Hessian, to a height of 2 metres above ground level, to which, 2m lengths of 50mm x 100mm hardwood timbers, spaced at 150mm centres shall be placed around its diameter, and are then to be secured by 8 gauge wires or steel strapping at 300mm spacing. (NO nailing to the trunk).

 

i.   The palm is also to be protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located along the northern edge of the vehicle crossing to its south, against the western side of its trunk, against the southern side of the power pole to its north, and setback 2m off the front property boundary to its east, in order to completely enclose it for the duration of works, with erosion control measures to be placed along the base of the fencing in order to prevent soil/sediment being washed into the TPZ.

 

j.   Both of the street trees on the Cairo Street verge must be physically protected by installing a minimum of four star pickets at a setback of 1.5 metres on all four sides (measured off the outside edge of their trunks at ground level), to which safety tape/para-webbing/shade cloth or similar shall be permanently attached so as to completely enclose each tree for the duration of works.

 

k.  The fencing described in points ‘i’ & ‘j’ above must be installed prior to the commencement of demolition and construction works, and shall remain in place until all works are completed, to which signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE, DO NOT ENTER".

 

l.   The applicant is not authorised to perform any works to these public trees, and shall contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar such work appear necessary, with the applicant required to cover all associated costs with such work, to Council’s satisfaction, prior to the issue of a Final Occupation Certificate.

 

m.  Within the TPZ’s described in point ‘i’ & ‘j’ above, there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of in the area and no stockpiling of soil or rubble, with all Site Management Plans needing to acknowledge these requirements.

 

n.  A refundable deposit in the form of cash, credit card or cheque for an amount of $2,500.00 shall be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of these public trees.

 

The refundable deposit will be eligible for refund following the issue of a Final Occupation Certificate, subject to completion and submission of Council’s ‘Security Deposit Refund Application Form’, and pending a satisfactory inspection by Council’s Landscape Development Officer (9399-0613).

 

Any contravention of Council's conditions relating to the trees at any time during the course of the works, or prior to the issue of a Final Occupation Certificate, may result in Council claiming all or part of the lodged security in order to perform any rectification works necessary, as per the requirements of 80A (6) of the Environmental Planning and Assessment Act 1979.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

20.     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

21.     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

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’, as applicable.

 

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

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

23.     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

24.     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

25.     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

26.     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

27.     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

28.     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

29.     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

30.     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.

 

31.     A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to commencement of any site work.

 

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

 

Public Utilities

32.     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.

 

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.

 

Site Amenities

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

 

Road/Asset Opening Permit

46.     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

47.     Approval is granted for the removal of all existing vegetation within the site due to their small size and insignificance, as well as to accommodate the proposed works as shown, subject to full implementation of the approved landscaping.

 

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 has 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.

 

 

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)  Reconstruct concrete vehicular crossing opposite the vehicular entrance to the site, if required.

 

52.     Should the pedestrian gate entrance to the property via Cairo Street be removed then the applicant is to, prior to issuing of an occupation certificate, meet the full cost for Council or a Council approved contractor to remove the concrete footpath and retaining wall located along the southern side boundary on Council’s road reserve in Cairo Street and replace them with turf.

 

53.     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.

 

Note: The applicant is to submit to Council copy of photos showing the existing condition of the roadway of both Cairo Street and Garnet Street as well as the nature strip of Cairo Street prior to the commencement of any demolition works.

 

54.     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.

 

Landscaping

55.     The PCA must ensure that landscaping at this site is installed substantially in accordance with the Proposed Landscape Plan by A Total Concept Landscape Architects, project 1, dwg L/01, revision C, dated 19/05/11, prior to issuing a Final (or any other type of Interim) Occupation Certificate/s, with the owner/s to ensure it is maintained in a healthy and vigorous state until maturity.

 

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

56.     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

57.     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

58.     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

59.     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

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.

 

Air Conditioning & Equipment

61.     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.

 

Rainwater Tank Requirements

62.     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.

 

Waste Management

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

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

A9      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A10    Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A11    The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

A12    Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

 

Attachment/s:

 

Nil

 


Ordinary Council                                                                                                      24 July 2012

 

 

Director City Planning Report No. CP40/12

 

 

Subject:                  38 Cliffbrook Parade, Clovelly (DA/862/2009/A)

Folder No:                   DA/862/2009/A

Author:                   Matthew Choi, Environmental Planning Officer     

 

Proposal:                     Section 96 modification to the approved development including internal reconfiguration with associated exterior changes and alterations to swimming pool and works adjacent to western boundary

Ward:                      North Ward

Applicant:                Rolf Ockert Design

Owner:                         Mr M Lubotzky & Mrs J D Lubotzky

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.    Executive Summary

 

This section 96 modification application is referred to Council as the original development application was determined by Council.

 

The original application was approved at Council’s Planning Committee Meeting on 23 November 2009 for the construction of a new part 2 part 3 storey dwelling with double garage and swimming pool.

 

The proposed modifications involve an internal reconfiguration of the 3rd floor level with associated changes to window and door openings, relocation of the swimming pool and works adjacent to the western boundary.

 

The section 96 modifications also included alterations to the landscaping and front and side boundary fences located forward of the building line. However, Council required additional detail on the submitted plans and the applicant has responded by providing written authorisation for the owner to amend the plans and delete these components from the subject section 96 application.  

 

The current Section 96 application was notified to surrounding properties in accordance with the DCP – Public Notification. No submissions were received at the conclusion of the public notification period.

 

The proposed modifications are primarily located at the rear of the dwelling and will not detract from the overall appearance of the dwelling within the streetscape. As discussed in the relevant section of this report, the proposed modifications do not give rise to unreasonable amenity impacts as the modifications will result in improve internal amenity to the occupants and will maintain privacy levels to the adjoining dwellings. The proposal is considered to be substantially the same development as was originally approved and satisfies Section 96 of the Act.

 

The application is recommended for approval.

 

2.    The Proposal

 

This section 96 application seeks consent for the following modifications:

 

·      Internal alterations to part 3 of the dwelling house including removal of a study and bathroom and enlargement of bedrooms 2 and 3 and incorporation of ensuites and walk-in robes

·      Relocation of the swimming pool

·      Replacement of existing decking adjacent to swimming pool with tiling

·      Alterations to the window and door openings along the first and second floor level along the northern elevation. 

·      Partial tiling of the inner face of the western boundary fence located at the rear of the dwelling

·      Utilise the void space adjoining the study and bathroom at sub floor level

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the northern side of Cliffbrook Parade. It is presently occupied by an existing part one part two storey brick dwelling and attached garage to the rear. The site has a frontage of 13.6 metres, a side boundary depth of 43 metres (western boundary) and 47 metres (eastern boundary) with an overall total site area of 427 metres squared. The site has a significant fall of 10.46 metres from the north-west to the south-west of the site.

 

Neighbouring the property to the north and west of the site is an existing residential flat building and to the south and east the subject site is bounded by Cliffbrook Parade and Lowe Street, respectively. The subject site is located within a residential 2A zone and the locality is residential in nature and consists predominately of detached dwellings, semi-detached dwellings and residential flat buildings. The surrounding area is considered to be low to medium density in character.

 

Photographs of the site and surrounds

1. The subject site as viewed from Lowe Street

2. The subject site as viewed from Lowe Street

 

 

3. The subject site as viewed from Cliffbrook Parade

4. The subject site as viewed from Lowe Street

             

4.    Site History

 

DA/447/2004 – an application was approved on the 14th of December 2004 for the demolition of the existing dwelling house and the construction of an attached dual occupancy including associated garages.

 

DA/862/2009 – an application was approved on the 10th of August 2010 for the construction of a new part 2/part 3 storey dwelling with double garage and swimming pool at the rear.  

 

5.    Technical Officers Comments

 

No referrals were required for the assessment of the subject application.

 

6.    Section 96 Amendment

 

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

 

7.    Substantially the Same Development

The proposal will not result in a change to the nature of the original application and the changes will result in a development that is substantially the same as that for which the consent was originally granted. The Section 96 modifications essentially involve internal alterations to the approved dwelling with associated changes to the window and door openings, minor alterations to the rear of the dwelling and utilisation of the void space at sub-flor level. The proposed works do not result in an increase in the bulk and scale of the existing development and will remain entirely within the existing building envelope. The proposal will not result in any appreciable impacts upon the amenity of the adjoining dwellings or the character of the locality. 

 

8.    Notification and Consideration of Submissions

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification. As a result of this notification, no submissions were received.

 

9.    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 proposal is consistent with the general aims of RLEP 1998 (consolidation) and the specific objectives of the zone in that the proposed activity and built form will not compromise the aesthetic character, environmental qualities and social amenity of the locality.

 

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

The objectives of Zone No 2B are:

 

(a)  to provide for 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, and

 

The proposed works will not compromise the appearance of the dwelling within the streetscape given the modifications will not be visible from Cliffbrook Parade or Lowe Street. The proposal does not alter the overall form and function of the development as approved and will continue to comply and uphold the main aims and objectives of the Randwick Local Environmental Plan 1998 (Consolidation).

 

Clause 29 – Foreshore Scenic Protection Area

The site is located in the Foreshore Scenic Protection Area. Clause 29 of the RLEP 98 (consolidation) requires Council to consider the probable aesthetic appearance of the proposed works in relation to the foreshore.

 

The proposed internal reconfiguration, relocation of the swimming pool will not be readily visible from the foreshore and therefore will not detract from the scenic qualities of the foreshore location. The development is satisfactory with regard to Clause 29 of the RLEP 1998 (consolidation) 

 

(b)   State Environmental Planning Policy No.71: Coastal Protection

The subject site adjoins the foreshore at Gordons Bay and is contained within a coastal zone and therefore SEPP 71 is relevant to the proposal. The Council is required to consider the aims of the policy and other environmental criteria when considering a development application in the Coastal zone. The aims of the policy seek to minimise the impact of development on the coastal zones and ensure their ongoing protection. The matters contained in clause 8 are as follows:

 

(a)    the aims of this Policy set out in clause 2,

(b)    existing public access to and along the coastal foreshore for pedestrians or persons with a disability should be retained and, where possible, public access to and along the coastal foreshore for pedestrians or persons with a disability should be improved,

(c)    opportunities to provide new public access to and along the coastal foreshore for pedestrians or persons with a disability,

(d)    the suitability of development given its type, location and design and its relationship with the surrounding area,

(e)    any detrimental impact that development may have on the amenity of the coastal foreshore, including any significant overshadowing of the coastal foreshore and any significant loss of views from a public place to the coastal foreshore,

(f)    the scenic qualities of the New South Wales coast, and means to protect and improve these qualities,

(g)    measures to conserve animals (within the meaning of the Threatened Species Conservation Act 1995) and plants (within the meaning of that Act), and their habitats,

(h)    measures to conserve fish (within the meaning of Part 7A of the Fisheries Management Act 1994) and marine vegetation (within the meaning of that Part), and their habitats

(i)     existing wildlife corridors and the impact of development on these corridors,

(j)    the likely impact of coastal processes and coastal hazards on development and any likely impacts of development on coastal processes and coastal hazards,

(k)    measures to reduce the potential for conflict between land-based and water-based coastal activities,

(l)     measures to protect the cultural places, values, customs, beliefs and traditional knowledge of Aboriginals,

(m)   likely impacts of development on the water quality of coastal waterbodies,

(n)    the conservation and preservation of items of heritage, archaeological or historic significance,

(o)    only in cases in which a council prepares a draft local environmental plan that applies to land to which this Policy applies, the means to encourage compact towns and cities,

(p)    only in cases in which a development application in relation to proposed development is determined:

(i)     the cumulative impacts of the proposed development on the environment, and

(ii)    measures to ensure that water and energy usage by the proposed development is efficient.

The proposed section 96 modifications are considered acceptable and are consistent with the relevant aims of the policy given it will not result in any detrimental impact that the development may have on the amenity of the coastal foreshore and will remain suitable development given the minimal impacts the amendments will have to the original consent.

 

The amended proposal is considered to be an appropriate design and will not add any additional bulk, scale and size considering the topographical features of the subject allotment and the bulk/scale of the surrounding dwellings. The proposal is considered acceptable with respect to the matters for consideration under SEPP 71. 

 

10. Policy Controls

 

The Policy controls applicable to the proposed development are:

·      Development Control Plan – Dwelling Houses and Attached Dual Occupancies

 

(a) Development Control Plan – Dwelling Houses and Attached Dual Occupancies

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

 

Floor Area

The proposal seeks to extend the sub-floor area adjoining the study and bathroom and enclose the area with a rainwater tank and hot water unit. As outlined within the DCP a maximum floor space ratio of 0.505:1 or 299.17m² is permissible for a site that has a total area of 592m². Currently, the floor space ratio does not comply with the preferred solution (0.72:1 of the site is approved as floor space ratio) and the proposal will be slightly increasing the floor space ratio on the site. The amended proposal will result in an FSR of 0.77:1 (455.69m²). The section 96 amendment will result in an additional 23.69m² of floor area than what was provided by the original consent. 

 

The objectives and performance requirements of the DCP are that developments are not excessive in bulk and scale; are compatible with the existing character of the locality; and minimise adverse effects of bulk on neighbours and the street. Notwithstanding the above the proposed additional floor area is not expected to result in any unreasonable adverse impacts to the adjoining properties. The conversion of void space to floor area at sub-floor level will remain within the existing building envelope and will not be visible to the adjoining neighbours or the streetscape. Under the original consent, the existing subfloor are can be considered as void space given it lies on the outer face of the external enclosing walls as defined within as gross floor area under the DCP. However, the section 96 amendment seeks to enclose the space with external walls and effectively contributes to the subject sites gross floor area. Given the proposed amendments will not be visible along Cliffbrook Parade or Lowe Street, the additional floor area is considered acceptable as it will not significantly contribute to the bulk and scale of the proposed development. Consequently, the proposal will continue to comply with the performance requirements and objectives with the DCP for Dwelling Houses and Attached Dual Occupancies. 

Visual and Acoustic Privacy

The proposal involves alterations to the window and door openings on the second and third floor levels. On the second floor level the proposed works involve amending the windows on the northern elevation adjacent the music room to full fixed frameless glazing and the third level works include minor alterations to the window and door openings. The proposed modifications will not alter privacy levels from what already exists and has been approved on the site from the original consent (DA/862/2009). The proposal will not result in any additional privacy impact on the neighbouring dwellings or the streetscape as a whole.

 

Landscaping and Open Space

The section 96 modification seeks to reduce the amount of permeable landscaping from 26% (or 154 square metres) to 21% (or 126 square metres). The proposal will continue to comply with Council’s preferred solutions by providing a minimum of 20% of permeable landscaping treatment on site. 

 

11. Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

 

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

 

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

Randwick Local Environmental Plan 2012 Draft

 

Part 2: Permitted or Prohibited Development

Zone R2: Low Density Residential

The proposal is within the R2 Low Density Residential and satisfies the objectives of this zone in that it will continue to provide for housing needs in the community within a low density residential environment and recognises desirable elements of the existing streetscape and built form and in this area which is undergoing transition will contribute to the desired future character of the area.

 

Part 4: Principle Development Standards

Part 4.3: Height of Buildings

The building height will remain unchanged from the existing. Complies.

 

Part 4.4: Floor Space Ratio

The floor space ratio of the single dwelling will be 0.77:1 which exceeds the maximum permissible FSR of 0.5:1. See comments in the “Section 9(a): Development Control Plan – Dwelling Houses and Attached Dual Occupancies: Floor Area”

 

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

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

 

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

Not applicable.

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

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 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

 

No submissions have been received.

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

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

 

12. Site Suitability

 

The site is zoned and serviced for residential development and there are no hazards or constraints that affect the proposed modifications.

 

The current proposal does not involve any significant changes to the built form or landscaped area provision of the approved development. The modification is not considered to result in any significant adverse impact on the streetscape or amenity of the surrounding premises. Therefore, the site is considered to be suitable for the modified development.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed modification to the existing development has been assessed against the requirements of the relevant planning guidelines of the RLEP 1998 (consolidation), the Draft RLEP 2012, the relevant council policies including the DCP for Dwelling Houses and Attached Dual Occupancies as well as in regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended. The proposed modification will result in substantially the same development as that previously approved and will not result in any unreasonable adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

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/862/2009/A for the Section 96 application to modify the existing development consent DA/862/2009/A by an internal reconfiguration with associated exterior changes and alterations to swimming pool and works adjacent the western boundary at No. 38 Cliffbrook Parade, Clovelly subject to the following conditions:

 

          Amend Condition No. 1 to read:

1.     The development must be implemented substantially in accordance with the plans numbered 01 to 10, Revision d5, dated 29 July 2010 and received by Council on 29 July 2010, the application form and on any supporting information received with the application, except as amended by the Section 96 plans numbered 01 to 10, Revision d7, dated June 2012 and received by Council on 4 July 2012, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                      24 July 2012

 

 

Director City Planning Report No. CP41/12

 

 

Subject:                  379-401 Clovelly Road, Clovelly (DA/395/2009/C)

Folder No:                   DA/395/2009/C

Author:                   Matthew Choi, Environmental Planning Officer     

 

Proposal:                     Section 96(AA) application to modify the consent by altering the configuration of the existing WC facilities on Level 3 of the hotel and maintain the area as a function room adjacent to the WC facilities

Ward:                      North Ward

Applicant:                Iris Diversified Property Pty Ltd

Owner:                         Iris Diversified Property Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

 

1.    Executive Summary

 

This section 96AA modification application is referred to Council as the original development application was subject to a Land and Environment Court decision.

 

The approved development involves alterations and additions to an existing hotel, the erection of a multi-unit housing development and Torrens Title subdivision of the subject site at 379-401 Clovelly Road, Clovelly. The original application was approved by the Land and Environment Court on a Class 1 appeal in Iris Diversified Property Pty Ltd v Randwick City Council on 24 August 2010.

 

The section 96(AA) application seeks to modify the approved development by altering the configuration of the existing WC facilities on level 3 of the hotel and for the incorporation of a new function room adjacent the WC facilities.

 

Formal notification of the proposed modification was not required given the proposed changes will have minimal environmental impact. The proposed development involves internal alterations only and will not significantly intensify the use of the existing building as approved in its current form. The proposed works will not adversely impact the adjoining properties and consequently the owners of the adjoining and neighbouring properties were not required to be notified of the section 96 modification. 

 

Council’s planning officer discussed the subject application with Council’s building surveyor and he has advised that the proposed reduction in the number of toilet cubicles will continue to comply with the BCA (F2.3 and F2.4) in relation to the provision of sanitary facilities. Furthermore a previous condition of consent has been included for the proposed works to comply with the relevant provisions of the BCA which will remain as part of the section 96 modifications.

 

The proposed modifications involve internal alterations to the existing building and will not detract from the overall appearance of the building within the streetscape. Further, the proposal does not involve any alterations to window openings or the location of window openings and will not result in any privacy impacts. The modifications will result in improve internal amenity to the occupants and is considered to be substantially the same development as was originally approved and satisfies Section 96 of the Act.

 

The application is recommended for approval.

 

2.    The Proposal

 

The subject section 96(AA) application seeks to alter the configuration of the existing WC facilities on level 3 of the hotel and incorporate a new function room adjacent to the WC facilities. The proposal seeks to reduce the amount of toiletry cubicles from 11 to 6 (including disabled closet pan) and reduce the size of the hand wash basin area.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the northern side of Clovelly Road. It is presently occupied by the Clovelly Hotel – a three storey hotel with an open parking area at the rear of the building containing 17 parking spaces. The subject site is bounded by Clovelly Road and Donnellan Circuit to the South and North, respectively. The site has a frontage of approximately 58 metres along Clovelly Road and a secondary frontage of 34 metres along Donellan Circuit. The site has an area of 2415.5sqm.

 

Neighbouring to the property to the west are two L-shaped residential flat buildings and a single residential flat building to the east. The subject site is located within a residential 2C zone and the locality is primarily residential in nature and consists of predominately of detached dwellings, dual occupancies and residential flat buildings. The surrounding area is considered to be a medium density residential environmental.

 

4.    Site History

 

DA/395/2009

A development application was approved on the 24 August 2010 at the Land and Environmental Court for alterations to the existing Clovelly Hotel including reconstructed dining area, relocation of bar and kitchen, construction of a new basement car park under the rear of the hotel and the construction of a new 4 storey multi-unit housing building.  

 

DA/395/2009/A

A section 96 modification of the approved development was refused on the 12 January 2011 for amendments to the Clovelly Hotel including an additional level of basement car parking beneath the approved level, increase in car parking numbers from 17 to 32, revised internal lift location, relocate sprinkler and hydrant water tanks over existing driveway entry on the west, reduce height of ceiling over driveway to accommodate water tanks; provision of new bottle shop in basement level 1, relocate pump room and booster valve to south west corner of the hotel adjacent to existing car park entry and amendments to the multi-unit housing including an additional level, increase in units from 6 to 8; unit mix of 6x2 and 2x3 bedroom units and increase in basement parking to 14 spaces.

 

DA/395/2009/B

A section 96 modification of the approved development was approved on the 12 July 2011 for alterations to (A) Clovelly Hotel; comprising reconfigured basement parking level and layout; ground floor layout including increase in kitchen floor area and wall height, and fixed umbrellas to external courtyard; and first floor layout including relocation of level 1 bar and redesign of restaurant and bistro roof; and (B) Apartment Building; comprising reconfigured basement carpark including 3 additional carspaces; redesign of fenestration and main entry, deletion of louvers and acoustic treatment  to south elevation; increase the height of roof parapet and screens to roof plant equipment

 

5.    Technical Officers Comments

 

5.1 Environmental Health comments

The proposal

Proposal is to alter toilet configuration and maintain function area adjacent to toilets.

 

Key Issues

Noise

Noise has been considered as an issue. Discussion with Andrew Schofield General Manager and Group Manager Rod Lawson revealed the area is a small area next to the existing both seating. There will be no change to the existing permitted numbers and will operate within the existing acoustic requirements and plan of management controls.

 

Discussions with planner advised that the patron numbers will continue to be restricted by a previous condition of consent.

 

Based on the size, existing location of the patron area adjacent to the proposed function area and existing conditions of consent the proposal is considered satisfactory subject to compliance with the conditions in this report.

 

Recommendation

It is recommended that the section 96 application for the above-mentioned premises be approved subject to the following conditions being attached to the development consent.

 

5.2      Heritage Officer comments

There are no heritage objections to the proposed internal changes. As compared to the previous drawings, no further removals of existing walls are proposed.  As noted in my previous comments, the proposed first floor changes will generally affect either non-original fabric or fabric which has been significantly altered. 

 

6.    Section 96 Assessment

 

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

 

7.    Substantially the Same Development

 

The proposal will not result in a change to the nature of the original application and the changes will result in a development that is substantially the same as that for which the consent was originally granted. The Section 96 modifications essentially involves internal modifications to the WC facilities with the incorporation of a new function room adjacent the WC facility area. The proposal does not increase the bulk and scale of the existing building and will remain entirely within the existing building envelope. The proposal will not result in any appreciable impacts upon the amenity of the adjoining dwellings or the character of the locality.

 

8.    Notification and Consideration of Submissions

 

Formal notification of the proposed modification was not required given the proposed changes will result in minimal environmental impact. The proposed internal alterations to the existing building will not adversely impact the adjoining properties and consequently the owners of the adjoining properties were not required to be notified of the proposed section 96 works.

 

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 subject site currently enjoys existing use rights, therefore the provisions of the Environmental Planning Instruments do not apply to this development, and assessment is merit based. However, the proposed section 96 modifications will not result in any breach of the provisions of the RLEP 1998 (consolidation) and any relevant SEPP. The Environmental Planning Instrument’s have been used as a guide in the assessment. 

 

Merit Based Assessment

The following clause of the RLEP 1998 (consolidation) is relevant for assessment purposes:

 

Clause 43 - Heritage Conservation 

The objectives of this clause are to “conserve the environmental heritage of Randwick City”, and “to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views”.

 

The subject site is occupied by the Clovelly Hotel, c 1859 and is identified as a heritage item under the RLEP 1998 (consolidation).

 

The proposed modifications do not involve any alterations to the external façade of the development and the works simply involve a reconfiguration of the existing WC facilities on level 3 and the incorporation of a function room adjacent the new WC facility area. The application was referred to Council’s Heritage Planning for assessment and it was considered that there are no heritage objections for the subject section 96 modification given no further removals of existing walls are proposed.

 

The proposal will satisfy the objectives and requirements of Clause 43 of RLEP (consolidation). 

 

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

The proposed modifications will be in keeping with the relevant clauses and objectives of the Draft RLEP 2012. 

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

The proposed internal alterations to the Clovelly Hotel will not result in any breach of the provisions of the relevant DCP’s as assessed under the original application.

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

A.  Changes to the Hotel

The proposal involves reducing the size of the approved water closet facilities and the incorporation of a function room adjacent the water closets at level 3. The proposed works will not modify the external façade of the building and will maintain the appearance of the building within the streetscape. Further, the proposal does not involve any alterations to any window openings and will not result in any privacy impacts. The proposal will remain compatible in maintaining the amenity of the adjoining premises or the character of the locality.

 

B.  Noise Issues

Council’s environmental health officer has identified the potential noise impacts that may be a result from the proposed works. Discussions between the group and general manager have identified that the function room will continue to operate within the existing Acoustic requirements and plan of management controls. Council’s environmental health officer has no objections to the proposed section 96 amendments, in particular, the new function room.

 

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

The site is determined suitable for the proposed development under the approval granted by the Land and Environment Court. The proposal will not substantially alter the form of the building as viewed from the neighbouring properties and the street.

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

 

Refer to Section 4.2: Notification and consideration of submissions. 

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.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed modification to the existing development has been assessed against the requirements of the relevant planning guidelines of the RLEP 1998 (consolidation), the Draft RLEP 2012 as well as in regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended. The proposed modification will result in substantially the same development as that previously approved and will not result in any unreasonable adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

 

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/395/2009/C for permission to a section 96 modification to the approved development to include altering the configuration of the existing WC facilities on level 3 of the hotel and maintain the existing function room adjacent the WC facilities at 379-401 Clovelly Road, Clovelly in the following manner:

 

          Amend Condition No. 1 to read:

1.     The development must be implemented substantially in accordance with the following plans numbered DA001-DA007, DA010-DA012, DA015-DA016, DA018-DA022, DA030-DA031, DA035-DA036 all Issue C, received by Council on 11 June 2010, the application form and on any supporting information received with the application, except as amended by the:

 

·      Section 96AA plans numbered DA001 Issue E, DA002 Issue H, DA003 Issue G, DA004 Issue E, DA006 Issue E, DA007 Issue E, DA010 Issue D, DA011 Issue D, DA012 Issue D, DA015 Issue D and DA016 Issue D, all dated 16/03/2011, and stamped and received by Council on 31 March 2011and Ground Floor and Lower Ground Floor Detail Plan by Paul Scrivener Landscape Architect, sheet 1 of 4, job ref 08/1368/DA1, Issue K/S96, dated 03.06.11, and received by Council on 6 June 2011, and,

·      Section 96AA plan numbered DA006 Issue G, dated 15/05/12 and received by Council on the 15 May 2012,

 

Only in so far they relate to the modifications detailed in the Section 96 applications, and highlighted on the Section 96 plans as amended by the following conditions and as may be shown in red on the attached plans. 

 

            Add Condition No. 156 as follows:

156.    The function area shall operate in accordance with adopted plan of management of the Hotel.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                      24 July 2012

 

 

Director City Planning Report No. CP42/12

 

 

Subject:                  349 Alison Road, Coogee (DA/106/2010/A)

Folder No:                   DA/106/2010/A

Author:                   Louis Coorey, Environmental Planning Officer     

 

Proposal:                     Amended Description: Modification of Land and Environment Court approval by deletion of western side blade wall and supporting beams at first floor level

Ward:                      East Ward

Applicant:                H Wooldridge

Owner:                         Mr V A Wooldridge and Mrs A M Wooldridge

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

This section 96AA modification application is referred to Council because the original development application was determined as refused by the Planning Committee meeting on 10 August 2010. Further, the application, as amended, was approved by the Land and Environment Court on a Class 1 appeal in Hayden Wooldridge v Randwick City Council [2010] NSWLEC 10737, on 22 December 2010 subject to 37 conditions of consent. The applicant is related to a Council employee, however due to the very minor nature of the proposed modification and that there are no objections from neighbouring residents the application was not referred to an external consultant for assessment.

 

The approved development involved substantial ground, first and second floor alterations and additions to existing dwelling, construction of pergola and planter over existing garage and associated works. 

 

The proposed modification seeks to delete a western side blade wall (upper two thirds) and supporting beams at first floor level reducing the physical massing of the approved development along the western elevation at the rear of the dwelling. The proposal is considered to be substantially the same development as approved and satisfies Section 96AA of the Act.

 

The current Section 96AA application was notified to surrounding properties and objectors to the original development application. One submission of support was received at the end of the public notification period from the residing eastern side neighbour at 351 Alison Road Coogee.

 

In terms of assessment, it is considered that the proposed modifications do not give rise to any significant additional amenity impacts as the modifications improve both solar access and views from several surrounding properties and do not result in any significant or unreasonable adverse impacts such as privacy.

 

Approval subject to conditions is recommended.

 

2.    The Proposal

 

The proposed modification seeks to delete a western side blade wall and supporting beams at first floor level reducing the physical massing of the approved development along the western elevation (as shown in excerpt below).

 

 

Existing blade wall and supporting beams

Proposed deletion of blade wall and beams

 

 

3.    The Subject Site and Surrounding Area

 

The site is on the southern side of Alison Road, east of Arden Street, Coogee. The site has 353.2m2 and a street frontage of 11.64m. The site sits atop a crest and falls away in all directions. To the west of the site and facing Arden Street there is a 4 storey apartment building and a single storey dwelling shown in photos below.

 

Photo from living room in standing position looking directly south west towards the property at No. 143 Arden Street whose boundary line is approximately 14m from the living room window. The owner of this property was notified of the proposed modification and did not make any submission. It is important to note that the originally proposed living room window was only 6m from the boundary adjoining No. 143 Arden Street and that the Land and Environment Court approved setback from the living room increased to approximately 14m.

Photo from subject dwellings eastern side rear balcony looking across to the eastern side to the flat building at No. 141 Arden Street which is located approximately 13m from the eastern side balcony and 9m away from subject dwellings south facing dining room windows directly adjacent to the blade wall. The owners of the flat building were notified of the proposed development and did not make any submissions.

 

 

4.    Site History

 

·      Application recommended for approval;

·      Application subject to peer review amended providing additional privacy measures recommended approval;

·      Application refused at Planning Committee meeting due to non compliance with objectives and performance requirements under the Dwelling Houses DCP;

·      Application amended and approved at Land and Environment Court hearing 10/10737 - Wooldridge v Randwick Council.

 

5.    Section 96AA Assessment

 

Section 96AA of the Environmental Planning and Assessment Act 1979, states that a consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the Court and subject to and in accordance with the regulations, modify the development consent if:

 

(a)     it 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 and before that consent as originally granted was modified (if at all), and

 

(b)     it has notified the application in accordance with:

(i)       the regulations, if the regulations so require, and

(ii)      a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

 

(c)     it has notified, or made reasonable attempts to notify, each person who made a submission in respect of the relevant development application of the proposed modification by sending written notice to the last address known to the consent authority of the objector or other person, and

 

(d)     it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

 

The current proposal does not involve any significant changes to the built form that would result in detrimental environmental, social or economic impacts on the locality or immediately adjoining neighbours. In relation to the notification, all relevant owners of neighbouring properties who have previously been notified and been the subject of submissions have been notified as well as consideration given to previous submissions. The proposed modification is considered to result in a development that remains substantially the same as the development for which the consent was granted.

 

In response to the notification carried out, one letter of support has been received by Council.

 

6.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  One submission of support was received from the resident of 351 Arden Street Coogee.

 

7.    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 2B under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. An assessment against the relevant clauses is undertaken under Section 8 of this report.

 

7.1 Policy Controls

a.    Development Control Plan (DCP) – Dwelling Houses and Attached Dual Occupancies

Key Issues

Privacy

The proposed modification satisfies the preferred solution for privacy in so far as the dining room window directly adjacent to the deleted western blade wall is over 9m from the eastern elevation of the flat building at no. 141 Arden Street and the boundary of No. 143 Arden Street. It is also noted that no submissions were received from the owners of these neighbouring properties.

 

 

View sharing

The proposed deletion of the western side blade wall will result in a more expansive view to the east from the flat building.

 

Solar access and overshadowing

The proposed deletion of the western side blade wall will improve solar access to neighbouring sites at 141 and 143 Arden Street.

 

Overall, the proposed modification will not result in any appreciable or unreasonable adverse impacts on the neighbouring properties or the locality and satisfies the objectives and performance requirements under the DCP for Dwelling Houses and Attached Dual occupancies.

 

8.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

The site is zoned Residential 2B under Randwick Local Environmental Plan 1998 and the proposed modification 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

Draft ‘Randwick Local Environmental Plan (LEP) 2012 (Draft RLEP 2012)

 

The Draft RLEP 2012 is prepared so that it is consistent with the NSW Government’s Standard Instrument (a template LEP), and sets out the aims of the Plan with a focus on local strategic planning. The particular aims of the Draft RLEP 2012 guide future land uses and development within the Council area.

 

Under the Draft RLEP 2012, the subject site is located within map reference grid 007 and is zoned R3 Medium Density Residential which is consistent with the current 2B zoning of the site.

 

The proposed modifications are not inconsistent with the general objectives, aims and provisions under the Draft RLEP 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, which are otherwise not addressed in this report, are discussed in the paragraphs below.

 

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

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

The site is located in close proximity to local services and public transport. The site has sufficient area to accommodate the proposed land use and associated structures. Therefore, the site is considered suitable for the proposed development.

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

 

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

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

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design.

Direction 4(b):   Improved design and sustainability across all development.

 

Financial Impact Statement

There is no direct financial impact for this matter.

 

Conclusion

The modification proposed as part of this application does not substantially alter the nature of the approved development. The likely impacts of the amended proposal have been considered in accordance with Section 79C of the Act, the provisions of Randwick LEP 1998 (Consolidation) and the Dwelling Houses DCP and it has been demonstrated that the proposal generally complies with the statutory controls and the relevant aims and objectives of the planning instruments and policy controls.

 

Having regard to the provisions of Section 96AA of the Environmental Planning and Assessment Act, 1979, as amended, the proposed modification is considered to result in a development that remains substantially the same as the development for which the consent was originally granted.

 

Approval of the modification will not result in any significant environmental impact and will not detract from the integrity of the development. It is considered that the proposed modification improves its relationship with adjoining developments having regard to solar access and views. It is therefore considered that the modification to the original development consent is reasonable and recommended for approval.

 

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 DA/106/2010 for modification of Land and Environment Court approval by deletion of western side blade wall and supporting beams at first floor level, at No. 349 Alison Road, Coogee, subject to the following conditions:

 

            Amend Condition 1 to read:

1.       The development must be implemented substantially in accordance with the below listed plans, the application form and on any supporting information received with the application,

 

Drawing No.

Date

Author

Drawing Title

-

11/1/2010

John Lowe and Associates

Contour over Lot 1 in DP 707415

CH-050 C

19/12/2010

Aetch Designs

Site plan

CH-100 C

19/12/2010

Aetch Designs

Ground floor plan

CH-110 C

19/12/2010

Aetch Designs

First floor plan

CH-120 C

19/12/2010

Aetch Designs

2nd floor plan

CH-200 C

19/12/2010

Aetch Designs

Northern elevation

CH-201 C

19/12/2010

Aetch Designs

Eastern elevation

CH-202 C

19/12/2010

Aetch Designs

Southern elevation

CH-203 C

19/12/2010

Aetch Designs

Western elevation

CH-300 C

19/12/2010

Aetch Designs

Long section

-

-

Aetch Designs

The Coogee house material board

 

as amended by the Section 96 plans numbered CH-110 C & CH-203 C, both dated 31 May 2012 and both received by Council on 31 May 2012, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                      24 July 2012

 

 

Director City Planning Report No. CP43/12

 

 

Subject:                  98-104 Beach Street, Coogee (DA/404/2011/A)

Folder No:                   DA/404/2011/A

Author:                   Christopher Gorton, Assessment Officer     

 

Proposal:                     Section 96 (2) application to modify the development consent by altering the size of the ventilation duct on the roof and parapet wall fronting Beach Street

Ward:                      North Ward

Applicant:                Absolute Design Group P/L

Owner:                         Mary Constantine

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

This section 96 (2) modification is referred to Council as the original application was approved at a Council meeting on 11 October 2011. The original determination was for alterations and additions to the existing premises for use as a restaurant.

 

The subject section 96 (2) application seeks retrospective approval for the following modifications to the original development by altering the size of the ventilation duct on the roof and parapet wall fronting Beach Street.

 

The application was notified until 15th May 2012 and one letter was received during this time; one letter of objection received from 3/97 Beach Street, Coogee.

 

The proposal has been made on the basis of existing use rights. In applications involving existing use rights, the provisions of Environmental Planning Instruments do not apply, and assessment is merit based.  However, to appreciate the development limitations of land in the immediate surrounding area (and on the subject site if it were not for the existing use situation), it is considered appropriate to undertake an assessment of the application under the statutory provisions of the LEP, which will be used as a guide in the context of a merit assessment.

 

The proposed modifications are considered acceptable having regard to the Randwick Local Environmental Plan 1998 (Consolidation).

 

The application is recommended for approval.

 

2.    The Proposal

 

The subject section 96 (2) application seeks retrospective consent for the following; modification to the original development by altering the size of the ventilation duct on the roof and parapet wall fronting Beach Street.

 

3.    The Subject Site and Surrounding Area

 

The subject site is situated in a Residential 2C zoned area,  it is presently occupied by an existing two-storey rendered brick building with three ground floor “shop fronts” (Numbers 98, 100-102 and 104 Beach Street), which have been or are currently used as restaurants/cafes.  The subject premises, (100 – 102) is currently vacant.

 

The subject site is located within a Foreshore Scenic Protection Area as identified under the RLEP 1998 (consolidation).

 

The subject site is adjacent to two, three and four storey residential flat buildings to its east, north and south.   Neighbouring the property to the west is a Victorian style dwelling house (No. 29 Arcadia) identified as Heritage items (listed under the RLEP 1998)

 

 

Figure 1. Surrounding locality, Heritage Item (Yellow Shade) & Subject site (shaded pink)

 

4.    Site History

 

Relevant Pathways history:

 

DA/600/1997 –          Internal alterations and use as a coffee shop – Approved.  Condition No. 3 restricted the hours of operation to 8.00am – 9.00pm 7 days per week.

 

DA/600/1997/A -        Section 96 to modify– Approved.

                       Extended hours of operation until 9.00pm on Mondays to Thursdays and till 10.30pm Fridays and Saturdays.

 

DA/600/1997/B - Section 96 to modify– Refused.

        Extended hours of operation from 8.00am to 11.00pm seven days.

 

DA/460/1998 –           Establish footway restaurant – Approved

        Condition restricted the hours of operation of the footpath restaurant to 10.00am to 9.00pm seven days and seating capacity to 6 outdoor seats.

 

                      

DA/448/2002 –          Establish footway restaurants, extension of trading hours and use of cool room at the rear of the site – Approved (combined for all 3 restaurants)

                      

                           Conditions deleted the outdoor seating component of the application.

Condition restricted hours of operation from 9.00am to 9.30pm Monday to Thursday and from 9.00am to 10.30pm Fridays and Saturdays with the premises being vacated by patrons within 30 minutes of the specified hours. 

 

DA/404/2011 -                  Internal fit out and change of use to restaurant including installation of new mechanical ventilation system - Approved    

 

PL/55/2011 -             Pre-lodgement for alterations and additions to the existing two storey mixed use building including new second floor addition (Design Review Panel comments discussed in section 7.1 of this report)

 

5.    Section 96 Assessment

 

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

 

5.1      Substantially the Same Development:

The proposal does not involve any significant changes to the approved built form, landscaping provision or floor space ratio. Therefore, the modified development is considered to be substantially the same development as that for which the consent was originally granted.

 

5.2 Community Consultation

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification. The following submission was received:

 

5.3 Objections

 

Objection

Author and objection

Comment

3/97 Beach Street

 

- Objection to the proposal, as it does not maintain nor attempt to effectively replicate the original look of the façade which was an example of the heritage of the surrounding area.

 

 

 

 

 

 

 

 

 

- Objection that the proposal was carried out and completed without council permission.

- Upon conducting a site inspection and comparing the built form of the original façade with the completed façade it is considered that the proposal has been designed in such a way that whilst it is not identical to the original it still maintains the original design and architectural integrity of the building. The proposal integrates with the existing building and surrounding properties whilst maintaining the character of the existing streetscape. Notwithstanding the above an appropriate condition has been placed in the consent requiring the colour of the parapet and projecting string course below the tile parapet capping to match the existing building to improve the façade and create consistency throughout the building.

 

- Whilst it is acknowledged that the works have been carried out and completed, Council can consider and grant retrospective approval for Section 96 Applications.

 

 

 

6    Technical Officers Comments

 

6.1      Environmental Health

The proposal was referred to council’s Environmental health team, the following comments were made:

 

The proposal

The proposal is for mechanical ventilation for commercial kitchen and attenuation works at 98-104 Beach Street Coogee.

 

Key Issues

Odour/Emissions

Odour and emission control conditions were addressed in the previous DA/404/2011. Specification and documentation was received with previous development application.

 

Noise

Noise was considered an issue and previous conditions in DA/404/2011 addressed the noise.

 

Further acoustic advice was received from Koikas Acoustics proposing additional lining to the mechanical ventilation system. The acoustic criterion was being met at the time of the assessment and the work was done to address a complaint from a resident.

 

Recommendation

It is recommended that the application for the above-mentioned premises be approved

 

6.2      Building (BCA & Fire Safety)   

The proposal was referred to council’s Building team, there were no BCA objections made in regards to the proposed amendments to the approved Development Application.

 

7    Relevant Environmental Planning Instruments

 

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

 

-      Environmental Planning and Assessment Act 1979 as amended.

-      Randwick Local Environment Plan (1998) consolidation.

-      Building Code of Australia.

-      Randwick Draft Local Environment Plan (2012)

 

7.1      Randwick Local Environmental Plan 1998

The proposal has been made on the basis of existing use rights. In applications involving existing use rights, the provisions of Environmental Planning Instruments do not apply, and assessment is merit based.  However, to appreciate the development limitations of land in the immediate surrounding area (and on the subject site if it were not for the existing use situation), it is considered appropriate to undertake an assessment of the application under the statutory provisions of the LEP, which will be used as a guide in the context of a merit assessment.

 

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

The site is zoned 2C Residential under the Randwick Local Environmental Plan 1998 The proposal is considered to meet the relevant objectives of Clause 12, particularly (b), (c) and (d).

 

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

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

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

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

(e)    to encourage housing affordability, and

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

 

In this regard the proposed modifications will maintain desirable attributes of established residential areas as well as allow for a range of community uses to be provided to serve the needs of residents, workers and visitors.

 

Clause 29 - Foreshore scenic protection area

The consent authority may only grant consent to a building within the foreshore scenic protection area after it has considered the probable aesthetic appearance of the proposed building in relation to the foreshore. The proposal is largely obscured from view from the foreshore area, it is considered that the proposal contains only minor external modification/changes taking place and that it will not have any detrimental adverse impacts on the aesthetic appearance of the existing development in relation to the foreshore. It is considered to meet the objective of Clause 29.

 

Clause 43 – Heritage Conservation

The subject site is located immediately to the east of a Victorian style dwelling house (No. 29 Arcadia) identified as Heritage items (listed under the RLEP 1998). As a result the site is subject to clause 43, the objectives are as follows:

 

(a)     to conserve the environmental heritage of Randwick City, and

(b)     to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and

(c)     to conserve known or potential archaeological sites, and

(d)     to conserve places of Aboriginal heritage significance.

 

The proposal is situated to the front of the subject site and is considered that the impact on the heritage significance of the heritage listed item will be non-existent. The proposal is considered to meet the objectives (a) and (b) of Clause 43.

 

Draft Randwick Local Environmental Plan 2012 (Draft LEP)

Draft Randwick Local Environmental Plan 2012 is a matter for consideration in the assessment of the subject section 96 (2) application under Section 79C of the Environmental Planning and Assessment Act 1979 (as amended).

 

The following considers the proposed development having regard to the zoning provisions contained within the draft LEP that are of relevance to the subject section 96 (2) application:

 

The subject site is zoned R3 Medium Density Residential, the proposal is a permitted land use with consent. The proposal is considered to meet all the relevant objectives of the zone.

 

7.1 Policy Controls

 

Multi-Unit Housing Development Control Plan

The application is made on the basis of existing use rights on the site. Pursuant to Section 108(3) any provisions in an instrument that would derogate from the “incorporated provisions” of the Act would have no force or effect on the proposed development (that is, the development standards of the relevant DCPs do not apply to the proposed development), and assessment is merit based.

Built Form

A Pre-lodgement meeting (PL/55/2011) was undertaken for 98-104 Beach Street, Coogee which proposed alterations and additions to the existing two storey mixed use building including a new second floor addition. The pre-lodgement was subject to Design Review Panel comments. The Design Review Panel made specific recommendations in reference to the central parapet wall, in particular trying to maintain this element of the buildings original design so that it would develop a better aesthetic relationship with the proposed new development.

 

It is considered that the subject Section 96 (2) application whilst not identical to the original façade has been successfully integrated with the existing building and the surrounding developments in order to maintain the character of the existing streetscape.

 

Figure 2 and Figure 3 below show the building façade fronting Beach Street before the proposal and after it has been completed. As we can see the difference between the two is minimal as the proposal has tried to maintain the existing architectural integrity of the building façade and how it relates to the streetscape.

 

The proposal maintains the original stepped façade so that it is sympathetic to the prevailing built and landscaped character of the area. It is considered that the proposal maintains the sympathetic appearance in relation to the foreshore area and that it will not adversely affect the heritage significance of the heritage listed dwelling to the rear of the site.

 

Notwithstanding the above an appropriate condition has been placed in the consent requiring the colour of the parapet wall and the design of the projecting string course below the tile parapet capping to match the existing building to improve the façade and create consistency throughout the building.

 

Figure 2. Original Building Façade (November 2009)

 

Figure 3. Existing Building Façade  (July 2012)

 

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.

 

It is considered that he proposed modification to the approved development consent comply with the relevant objectives for the Residential 2C Zone. It is considered to have no adverse impacts on the surrounding properties or the character of the streetscape and is suitable development for the site.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

Direction 4a:      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 modification to the approved development has been assessed against the requirements of the relevant planning guidelines of the RLEP and DCP as well as the heads of consideration under section 79C of the EP&A Act 1979 (as amended). The proposed modification is minor and will not result in any adverse impact upon the amenity of the adjoining properties or the character of the streetscape. For these reasons, the subject application is recommended for Approval.

 

Recommendation

 

That Council, as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/404/2011 for permission to modify the development consent by altering the size of the ventilation duct on the roof and parapet wall fronting Beach Street for 98-104 Beach Street, Coogee in the following manner:

 

          Amend Condition No. 1 to read:

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

1111 01/011B

Absolute Design Group

July 2011

1111 04/11B

Absolute Design Group

July 2011

1111 05/11A

Absolute Design Group

May 2011

1111 06/11A

Absolute Design Group

May 2011

1111 07/11A

Absolute Design Group

May 2011

 

as amended by the following Section 96’A’ plans and documents, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

Plan

Drawn by

Dated

Received

1111 02/05 (issue C)

Absolute Design Group

May 2011

24/04/2012

1111 03/05 (issue C)

Absolute Design Group

May 2011

24/04/2012

1111 04/05 (issue C)

Absolute Design Group

May 2011

24/04/2012

1111 05/05 (issue A)

Absolute Design Group

May 2011

5/07/2012

 

          Add Condition 46.

46.   The new parapet wall shall be painted to match the existing building to maintain the integrity and amenity of the building and the streetscape and must be provided with a projecting string course or similar treatment below the tile capping fronting Beach St to match the string course on the existing building.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                      24 July 2012

 

 

Director City Planning Report No. CP44/12

 

 

Subject:                  1 Moira Crescent & 17 Marcel Avenue, Coogee (DA/664/2011)

Folder No:                   DA/664/2011

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     Alterations and additions to the existing multi-unit housing development including partial excavation of subfloor area and extension at lower ground floor level to provide for a new 2 bedroom dwelling, new rear timber deck with awning at ground floor level, alterations to the existing garage to accommodate double car stackers and regrade driveway, new landscaped roof above the garage, reshape and repave existing driveway on adjoining site at No. 17 Marcel Avenue  (Heritage Conservation Area) (SEPP1 Objection to landscaped area control)

Ward:                      East Ward

Applicant:                Solutions Zane

Owner:                         The Owners - Strata Plan No. 35891

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.      Executive Summary 

 

The subject proposal is referred to Council for determination as it has a development that involves variation to the landscape area and wall height development standard in excess of 10%. 

 

The subject application is for alterations and additions to the existing multi-unit housing development including partial excavation of subfloor area and extension at lower ground floor level to provide for a new 2 bedroom dwelling unit, new rear timber deck with awning at ground floor level, alterations to the existing garage to accommodate double car stackers and regrade driveway, reshape and repave existing driveway on adjoining site at No. 17 Marcel Avenue.

 

It should be noted that the subject site was the subject of a previous DA (DA/39/2010) for alterations and additions to existing building including addition of an attic unit with alterations to roof, addition of unit at lower ground level, extension of terrace to ground level unit, alteration to entry stair and creation of two additional car park spaces in existing garage and a new landscaped roof. The SEE for the current proposal states that “The current proposal looks to eliminate the contentious areas of the most recent application to Council and address some matters which … were not canvassed adequately…” In this regard, while the subject DA must be assessed on its own merits, an assessment of the reasons of refusal in relation to the current proposal has been undertaken as a matter of public interest in Section 10.7 below. This assessment indicates that the current proposal has adequately addressed the reasons for refusal of the previous DA/39/2010 in particular, it does not include an attic component; it does not include a roof garden over the garage and it has widened the driveway by way of reciprocal right of way with No. 17 Marcel Avenue. 

 

Following discussion of a number of issues with Council, additional details and amended plans were submitted on 21 March 2012 including regularising uneven walls to the new dwelling unit; deletion of roof top terrace above the garage; widening footpaths; reconstructing privacy screens; regrading the driveway and provision of external material and finishes. The amendments have improved the original proposal, with no new fenestration or no increase in the original building envelope to warrant re-notification. These amended plans are the subject of this report, and are considered to be satisfactory, addressing an improved overall proposal in relation to visual bulk and scale, aesthetics and amenity.

 

The amended proposal has an FSR of 0.608:1 and a maximum building and wall height of which complies with the maximum 0.65:1 FSR standard. The proposal has a maximum wall height of 8.57m on the western wall of the proposed double stacker garage and a maximum building height of 10m to the pitched roof of the existing residential flat building which varies from the maximum external wall and building heights of 7m and 9.5m respectively under the Randwick LEP. The current proposal does not involve any changes to the envelope of the existing residential flat building such that a SEPP 1 Objection for the breach in maximum building height is not required. However, the proposed works to the garage will result in a breach of the maximum wall height standard (8.57m on the western wall as mentioned above). The applicant has lodged a SEPP 1 objection to the breach in the wall height standard.  The amended proposal also has a landscape area of 38% (198 sqm) which varies from the maximum landscape area requirement of 50% (262 sqm) under the Randwick LEP 1998 (Consolidation). The applicant has also lodged a SEPP 1 Objection to the variation from the landscape area standard.

 

The SEPP 1 Objections have been assessed and found acceptable. In particular, the proposal will not alter the current envelope and presentation of the existing residential flat building and its landscape curtilage to Moira Crescent as the proposal will retain the front, rear and side boundary landscaped areas and their existing plantings so that the function of these landscape elements in screening proposed development and maintaining the heritage significance of the surrounding Heritage Conservation area will remain intact. The availability of the landscape area at the rear for passive recreational use will continue. The reduction in landscape area will be hidden in middle rear section of the subject site which currently contains a slab and paved deck with no plantings. The breach in the wall height occurs only to one wall being the western rear wall of the existing rear garage and is caused primarily by the position of this wall directly on top of a retaining wall. The resultant height, bulk and scale of the proposed garage, especially when viewed from the rear yards and living areas of adjoining properties, will largely remain unchanged and will be consistent with the existing scale and character of development in the immediate locality surrounding Moira Crescent and Marcel Avenue  which is predominantly comprised of 2-3 storey developments. Overall, the breaches in the standards do not give rise to unreasonable impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view sharing, solar access and privacy. The proposal, also, is consistent with the planning objectives for the locality and purposes of the standard.

 

The proposal complies with DCP – Multi-unit Housing with the exception of wall height and landscape area. The variation has been assessed in relevant sections of the report and are considered justified in the circumstances in the assessment of SEPP 1 Objections.

 

The proposal also complies with the numerical car parking requirement of the DCP – Car parking providing for 4 car parking spaces on-site.

 

Following notification and advertising of the DA, 6 submissions have raised issues relating to height, bulk and scale, loss of sunlight, privacy and views and non-compliance with development standards. The objectors’ issues are addressed in relevant sections of this report.

 

The proposal would be suitable for the site and would have acceptable impacts on the amenity of adjoining and surrounding properties.

 

The recommendation is for approval subject to conditions.

 

2.      The Proposal

 

The amended proposal lodged on 21 March 2012 includes the following elements:

 

·      Slight extension of western elevation of the dwelling unit addition to remove awkward angular walls.

 

·      Deletion of roof top landscape area above the garage. 

 

·      Widened path of travel to the main entry of the lower ground floor unit.

 

·      Reconstruct existing privacy screens minimum 1.8m height along the southern edge of the existing balconies on the Ground Floor and First floors

 

·      Specify fire protection measures for windows W4 and W5.

 

·      Provision of a 4% grade for the first 4.5m n front of the proposed car stacker garage

 

·      Provision of an additional section (north-south) to show the extent of excavation in the sub-floor area with the existing ground lines also indicated.

 

·      Window locations of the adjoining dwelling at No. 3 Moira Crescent are superimposed onto the floor plans.

 

In addition to the above amendments, the following information has been provided in support of the application:

 

§ A letter from the body corporate of No.17 Marcel Avenue giving in principle support to the Right of Way together with a draft survey plan prepared by Lawrence Group Surveyors and dated 28/02/2012

§ A product brochure of a fire rated roller door product currently available in the market and recommended for installation for the garage to achieve fire protection and compliance with the BCA. 

 

On the basis of the above-mentioned amendments, the overall proposal comprises the following works on each floor level:

 

Lower Ground Floor

§ Partial excavation of subfloor void

§ Alterations and additions to provide for a new 2 bedroom dwelling unit containing a kitchen, living and dining areas and a new timber deck connecting to existing timber deck

 

Ground floor

§ Demolition of an existing timber deck and replacement with a new enlarged balcony.

§ Provision of reconstructed privacy screen along southern edge of the new balcony.

§ Replacement of existing door to new balcony with a new timber framed stacking door

 

§ Alterations to existing garage to accommodate a double mechanical car stacker and regarding of associated driveway.

 

First floor

§ Largely remains unaltered with existing balcony to be reconstructed using existing steel frame and privacy screen along southern edge

 

§ Minor revised layout to provide internal laundry.

 

3.      The Subject Site and Surrounding Area

 

The site is on the western side of Moira Crescent south of Marcel Ave. It has frontage of 19.81m, an area of 518.5m2 and tapers to a width of 9.145m at the rear boundary. It slopes moderately on a westerly aspect with a sandstone outcrop forming a natural terrace toward the rear. Adjoining to the west there are semi-detached dwellings with frontage to Ritchard Avenue. There is a freestanding dwelling to the south at 3 Moira Crescent and a building with 3 units to the north at No 17 Marcel Avenue. The site is zoned 2B Residential and is part of the Moira Cr Heritage Conservation Area. A right of way on the site services a single car park on 17 Marcel Avenue to the north.

 

 


 

Photographs of the site and surrounds

1. The existing residential flat building at No. 1 Moira Crescent.

2. Adjoining residential flat building to the north at No. 17 Marcel Avenue

3. Detached dwelling house adjoining to the south at No 3 Moira Crescent.  

4. Existing garage on-site

 

 

Figure 1: Aerial Photo of subject site and surrounding area

 

4.      Site History

 

DA/39/2010 for the alterations and additions to existing building including addition of an attic unit with alterations to roof, addition of unit at lower ground level, extension of terrace to ground level unit, alteration to entry stair and creation of two additional car park spaces in existing garage and a new landscaped roof was refused by Council on 9 November 2011.

 

5.      State Environmental Planning Policy No 1 Objections

 

Clause 20E        Landscaped Areas

The proposal seeks to vary a development standard contained within RLEP 1998 (Consolidation). A SEPP 1 objection has been submitted to Council.

 

Pursuant to Clause 20E of RLEP 1998, the maximum landscaped area required for development, other than a dwelling house, within Zone No 2B is 50 % (262 sqm) of the site area. The proposal has a maximum landscaped area of 38% (198 sqm).

 

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

 

Matter 1

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

 

·      Comments:

The stated purpose of the landscape standard as outlined in the LEP is:

 

To operate together with controls for floor space ratio and building height to limit the size and scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area.

 

The applicant has submitted the following arguments in support of the SEPP1 Objection:

 

 

 

It is considered that the proposal is satisfactory and compliance with the development standard is unreasonable and unnecessary for the following reasons:

 

·      The reduction in landscape area will occur in an area that wholly comprises a series of disjointed and uneven decks located in front of an existing basement laundry with no plantings. Accordingly, the proposal will rationalise the use of this area by allowing for part of it to form the private terrace of the new dwelling unit.

 

·      The function and distribution of the remaining landscape area will uphold the purpose of the standard by operating together with a compliant floor space ratio (0.601:1) and compliant building height control for the rear addition (3.5m) to limit the size and scale and site coverage of a building having regard to the environmental amenity and heritage conservation qualities of the area.

 

·      The proposed landscaped area will comprise entirely of deep soil area reasonably distributed between the front and rear sections. Combined with a moderate site coverage of approximately 42%, the landscape area will function adequately in terms of screening, passive recreation and run-off. 

 

·      The proposal will still provide for a substantial rear yard that will contribute and maintain the distinct pattern of existing back-to-back green rear yards of properties in Moira Crescent and Ritchard Avenue (see Figure B below).

 

 

Figure B: The loss in landscaping to accommodate the rear addition as set in the context of the broader distinct pattern of back-to-back rear yards characteristic of the local area

 

·      There will be no increase in visual bulk and scale of the existing development to Moira Crescent and the overall heritage conservation area, so that visually it will remain unaltered to the streetscape in the context of the existing landscape area at the front.

 

·      The overall quality of landscape provision to the site is improved by the current proposal and results in higher quality, useable outdoor recreation space for occupants of the site. The refurbished elevated private terraces have good weather protection, and although technically, not included as landscape area, does contribute to a high degree of amenity to occupants.

 

·      The proposal meets the relevant objectives of the standard despite non-compliance the statutory standard primarily in that the retained landscape area will continue to provide a landscaped ambiance for the front existing section and the new rear addition.

 

In conclusion, the proposal has adequately addressed the consistency of the proposed development with the underlying and stated purposes of the standard and the local planning objectives for the locality and objectives of the Act. The SEPP 1 objection has been provide that appropriately justifies that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case.

 

Matter 2

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

 

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

 

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

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

 

The variation from the minimum landscape area control is consistent with the aims of the SEPP No.1 because it would not detract from the objects of the Act under Section 5 (a) (i) and (ii) in that the resultant development would promote the orderly use and development of the subject land because

 

·      it will have a height, bulk and scale that will be consistent with other development in the street and will be compliant with the maximum building height control in the Randwick LEP

·      it will create additional external wall height that will not negatively impact upon the amenity of adjoining and surrounding uses in terms of privacy, solar access, views and visual bulk and scale impacts.

 

Matter 3

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

 

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

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

 

The proposed development and variation from the development standard do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not be necessary, in this case, for maintaining the low to medium density housing forms in the locality, including dwelling houses and semi-detached housing, and the like, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary for the proposal to  achieve the objectives of the development standard.

 

Second

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

 

Comments:

The underlying objective or purpose of the standard is  relevant to the subject development.

 

Third

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

 

Comments:

Compliance would, in this case, be unreasonable as the underlying objectives of the standard is achieved.

Fourth

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

 

Comments:

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

 

Fifth

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

 

Comments:

The existing Residential 2B zoning is not considered to be inappropriate for the locality, which is characterised by low to medium density residential development. 

 

·      Maximum External Wall Height (Clause 20G)

The proposal seeks a variation to the maximum external wall height relating to the roof top addition to the existing garage. The proposal has a maximum wall height of 8.57m on the western wall of the proposed double stacker garage. This exceeds the maximum external wall height standard of 7m as specified in Clause 20G Randwick LEP 1998.

 

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

 

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

 

The stated purpose of the standards as outlined in the LEP is:

 

Purpose: To operate together with controls for floor space ratio and landscaped area to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area.

 

The applicant has submitted the following arguments in support of the SEPP1 Objection:

 

 

The applicant’s arguments are considered sound for the following reasons:

 

·      The maximum breach in building and external wall height of 8.57m is confined to one wall at the western rear section of the garage and arises as a consequence of the existing garage sitting directly above an existing 3m high retaining wall to the rear yard. As such, the retaining wall component is a pre-existing topographical measure and not part of the building proper that accentuates the western wall height. Without this retaining wall, the main garage wall would be a compliant 5.57m.

 

·      The remaining three walls of the garage will be compliant in wall height. Accordingly, the visual impact is considered moderate as the breach will not read as a dominant element nor visually intrusive given that there will be no increase in the size and floor area of the garage. Accordingly, the proposal will not be out of character with the medium density nature of development in the vicinity of the subject site.

 

·      The breach of the wall height limit over the rear retaining wall will not be visible from Moira Crescent and is warranted as it will not compromise the visual qualities and presentation of the existing building in the heritage conservation area. Accordingly, the heritage significance of this area will be maintained.

 

·      The additional height required to create a flat roof top will be approximately 1.5m resulting in a parapet no higher than the pitch of the existing garage. As such, there will be no increase in overall building height. The proposed wall height is reasonable and not considered excessive and it will achieve the performance requirements of the height and setback controls of the DCP – Multi-unit Housing in that, among other things, it will not be visually intrusive and there will be minimal impact on the outlook of adjoining properties. As assessed in Section 10 below, the loss of views resulting from the flat roof top compared to that currently impacted by the existing pitched roof will be minimal especially as the outlook is predominantly one of sky views which, in any event, does not constitute views contemplated by the relevant view loss clause of the DCP – Multi-unit Housing nor those subject of assessment under the view loss planning principles under Tenacity vs Warringah Council.

 

·      The proposed non-compliance do not result in any inconsistencies with the objectives of the 2B zone in which the site is located or the general objectives for the built and natural environment and amenity or the objectives of the external wall height standard. In particular, the proposed development will be in keeping with the existing height and scale of housing development in adjoining and surrounding sites, and will not dominate these developments.

 

·      The increase in the wall height arises from the need to fully provide on-site car parking through the provision of enclosed stack car parking which in the context of an urban area with a high on-street car parking demand should be given due merit.

 

·      The section of the garage building that breaches the wall height standard results in a building envelope whose location and orientation will not give rise to any significant adverse visual bulk and scale, overshadowing impacts, view loss, privacy or visual or streetscape impacts on adjoining and surrounding properties as indicated in relevant parts of this report.

 

The proposal satisfies the purpose of the external wall height standard and the SEPP 1 Objection is well founded.

 

Matter 2

Matter 2: The Court must be of the opinion that “granting of consent to that development application is consistent with the aims of this Policy as set out in clause 3” (clause 7 of SEPP 1).

 

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

 

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

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

 

The applicant has presented a case to establish that compliance with the standards would not hinder the attainment of the objects of the Act. The proposed development would have an acceptable impact on the character of the locality and this is consistent with the objects as quoted in the SEPP. The variation from the External Wall Height standards is consistent with the aims of SEPP 1 as it would not detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

 

Matter 3

Matter 3: The Court must be satisfied that a consideration of the matters in clause 8(a) and (b) of SEPP 1 justifies the upholding of the SEPP 1 objection. The matters in clause 8(a) and (b) are:

 

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

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

 

The proposed development and variation from the development standards do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not allow the best economic use of the site and the delivery of a suitably scaled in-fill residential development in an established neighbourhood.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

Table – Establishing compliance is unreasonable or necessary

Method

Assessment

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the design scheme will achieve the objectives of the development standard.

Second

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

 

Comments:

The underlying objective or purpose of the standard is relevant to the subject development

Third

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

 

Comments:

The underlying objective of the standards would not be defeated or thwarted as full compliance in this instance is unreasonable

Fourth

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

 

Comments:

The external wall height standard has not been abandoned or discarded by any decision or actions of Council.

Fifth

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

 

Comments:

The existing Residential 2B zoning is considered to be appropriate for the locality.

 

The submitted SEPP 1 Objection has addressed the consistency of the proposed development with the underlying and stated purposes of the standards, the local planning objectives for the locality and objectives of the Act. As such, it is considered that the objection is well founded.

 

6.      Community Consultation

 

The original application was notified and advertised from 14 September 2011 to 28 September 2011 in accordance with the DCP-Public Notification. In response, the following submissions were received from 6 residences:

 

Overdevelopment of the site

The amended proposal has a proposed maximum FSR of 0.608:1 (319sqm) which complies with the  maximum permissible FSR of 0.65:1, the proposal will have a visual bulk and scale that is not considered to be out of character in the context of existing development in the immediate adjoining and surrounding land in the  neighbourhood particularly given that    ;

 

(1)    there will be no changes to the envelope of the existing main residential flat building

 

(2)    the flat roof over the single storey rear addition will be only be minimally (approximately 460 mm) above the ground level at the street front.

 

Furthermore, as assessed in relevant sections of this report, the proposal is not considered to result in any detrimental impact on the amenity of adjoining residents. The shortfall in landscape area is not considered to accentuate the proposed built form as the proposed landscaped area will continue to adequately screen the proposal especially towards the street front and the rear where no reductions in landscape area will occur. Rather, any reduction in landscape area will occur in a middle section of the subject site that is currently covered with a series of disjointed decks and pavers and devoid of any significant planting. In this regard, assessment of the SEPP 1 Objection lodged in relation to the breach in landscape area shows that it is well founded and strict compliance with the standard would be unreasonable and unnecessary. Assessment of the built form is also undertaken as a Section 79C matter in Section 10 of this report and the built form of eth rear addition is considered appropriate in the context of the subject site’s location in the Heritage Conservation Area where it will not be immediately noticeable from the street front given its sunken and excavated nature.

 

Higher density development impacts on local traffic problems on Clovelly Rd. and increases on-street parking

The proposal complies with the density (i.e. floor area) development standard in the LEP. Additionally, the subject site is located at a considerable distance from Clovelly Road. The proposal complies with the numerical requirement of the DCP – Parking.

 

Noise from the proposed car stacker

The applicant advises in the accompanying letter to the amended plans received on 21 March 2012 that a final supplier and the specific product has not been selected in relation to the car stacker so that the request for an acoustic report prior to determination of the DA is not possible. The applicant further refers to development consent for DA/582/2008 for alterations and additions to a residential flat building, including a car stacker,  at No. 15 Moira Crescent in which a condition (condition No. 40) required the submission of an acoustic report prior to issue of construction certificate. The applicant’s advice is considered reasonable and acceptable especially given that the condition applied in the case of No 15 Moira Crescent related to an open car stacker compared with the proposed enclosed car stacker in the subject application. Accordingly, a condition requiring an acoustic report prior to issue of construction certificate for the subject development will be applied to address concerns regarding potential noise from the car stacker garage.

 

Noise from the use of garage roof top terrace for tenants to congregate.

There is no roof terrace proposed above the garage.

 

Narrow driveway width

Council’s Development Engineer raises no objections to the width of the driveway as it will be widened through the creation of a reciprocal Right-of Way to allow access and egress to the subject property over the adjoining property at No 17 Marcel Avenue.

 

No provision of a right of way in relation to access to the proposed car stacker garage

The applicant has submitted relevant documentation accompanying the amended plans received on 21 March 2012 indicating that written consent from the proprietors of Strata Plan No 55558 (17 Marcel Avenue) to the lodgement of the subject DA and endorsement to the creation of the Right-of Way to allow access and egress to the subject property at No 1 Moira Crescent. Additionally, a draft plan of the ROW has been prepared by Lawrence Group Surveyors and dated 28/02/2012  which has also been sighted and acknowledged by the proprietors of Strata Plan No 55558 (17 Marcel Avenue). Furthermore, the creation of a Right-of-Way (in favour of access to No 17 Marcel Avenue) on the title of the subject site legally requires unobstructed mutual access. Accordingly, when operating legally as an access easement, the proposal will allow smooth access to parking on-site with minimal traffic congestion on the main street.

 

Loss of privacy/overlooking

Privacy issues are addressed in Section 10 below.

 

Overshadowing of No 3 Moira Crescent

Residents in the adjoining residential dwelling house at No 3 Moira Crescent have raised concerns regarding overshadowing on the north-facing lower ground “living room” window.  The applicant’s amended shadow diagrams on plan and elevation indicates that increased overshadowing on the north-facing lower ground “living room” window. Council’s record indicates that this window was approved as a window to a rumpus room under DA777/2001 (and subsequent Section 96 modification) and not a living room. DA/777/2001 (and subsequent Section 96 amendment) also indicates that the approved living room of No 3 Moira Crescent is on the upper ground floor with similar north-facing windows above those to the rumpus room.  The amended shadow plans and elevations show that there will be increased overshadowing to the lower ground floor rumpus room window. This increased overshadowing is considered reasonable and acceptable for the following reasons:

 

·      The new dwelling addition generating the increased overshadowing complies with the maximum 7m wall and maximum 9.5m building height standard under the Randwick LEP 1998 having a maximum external wall and building height of 3.5m.

 

·      The new dwelling unit addition is single storey and will be setback 970mm from the common southern boundary which is consistent with the setback requirement of 900mm for single storey dwellings typically applied under the Dwelling Houses and Attached Dual Occupancies DCP.

 

·      The increased overshadowing occurs to the north-facing window of an approved rumpus room under development consent DA/777/2001. Under this development consent, the approved living room of No 3 Moira Crescent is on the upper ground floor with similar north-facing window above that of the rumpus room. The approved upper ground floor living room window as well as its west facing balcony will not be affected by the proposed dwelling unit addition such that the proposal complies with the preferred solution of the DCP – Multi-unit Housing requiring minimum 3 hours solar access to living areas of neighbouring dwellings. 

 

·      In the previous refused DA (DA/39/2010) for the subject site, overshadowing of the lower level rumpus room windows was deemed acceptable (given the retention of minimum 3 hour solar access to the upper ground level living room window) and accordingly, overshadowing of adjoining properties was not listed as a reason for refusal of that previous DA.   

 

Inaccurate shadow diagrams

The shadow diagrams submitted for the amended proposal are considered reasonable and accurate depicting, in the main, an increased overshadowing of the lower ground floor north-facing rumpus room window but no increase in overshadowing of the upper ground floor north-facing living room window and west-facing balcony from 12 noon to 3:00pm. The objector has provided “corrected” copies of the applicant shadow diagrams but these are largely figurative and abstract and not based on any technical data such as AHD RLs and scaled building heights.  Notwithstanding the inadequate nature of the objector’s shadow diagram, these shadow diagrams do indicate the retention of solar access to the upper floor living room window and balcony approved under DA/777/2001.

 

Inadequate notification and lost of notification sign on-site

Council’s records show that Council has fulfilled its obligation in accordance with Council's Development Control Plan (DCP) - Public Notification in notifying all relevant owners/residents in adjoining and surrounding sites. Council’s record also shows that a notification sign was issued for the subject site on 14 September 2011.  Accordingly, Council‘s notification and advertising of the subject application is compliant with the DCP; has met  appropriate standards of due process; and is appropriate for the applications to proceed to assessment and determination.   

 

No Geotechnical report provided

The proposed excavations are considered reasonable and moderate. Notwithstanding this, adequate conditions will be applied should consent be granted requiring excavation works to be properly guarded and supported to prevent them from being dangerous to life, property and buildings. Additionally, a condition requiring dilapidation reports to be prepared for adjoining properties will be applied. Moreover, silt fencing and sediment control measures as required by condition of consent will be applied. Furthermore, certification of all works will be required in a construction certificate to ensure that all structural and site works are adequate.

 

Inaccurate floor space calculation

Experts on behalf of the objectors at No 3 Moira Crescent assert that the FSR of the proposal is non-compliant and have provide alternative “correct” calculations in support of their assertions prepared by Archiworks Architects Pty Limited in a submission dated 28 September 2011. However, these alternative “correct” calculations are questionable and tenuous especially given the following statement in the Archiworks’ submission dated 28 September 2011: “Based on our calculations, the proposed floor space is 353,783 square metres…”. While this may be a typographical error, the whole premise of the objector’s calculation is considered  questionable. In any event, an assessment of the applicant’s amended plans have been checked and are considered correct for the purposes of assessment and determination. 

 

The current proposal fails to address the following reasons for refusal of the previous DA/39/2010.

The current proposal contains significant amendments and differences to the previous proposal refused under DA/39/2010 and, given that the current proposal is the subject of a separate DA, it therefore, should be assessed on its own merits. Accordingly, assessment must be undertaken exclusively in accordance with the provisions of Section 79C of the Environmental Planning and Assessment Act. As detailed throughout this report, the current proposal performs adequately in relation to the relevant heads of consideration under Section 79C. Notwithstanding this, the objector’s concerns regarding the failure to address specific points of refusal of the previous DA are assessed as a matter of public interest in Section 10.7 below. 

 

7.      Technical Officers Comments

 

7.1    Building Comments

Council’s Building Control Officer raises no objections to the proposal subject to conditions should approval be granted.

 

7.2    Development Engineering Comments

Council’s Development Engineer advises as follows:

 

“This report is based on the following plans and documentation:

·      Amended Architectural Plans by Classic Plans dated 6th May 2011;

·      Statement of Environmental Effects by Zane Solutions stamped by Council 31st August 2011

·      Detail & Level Survey by

 

Parking Comments

The site currently provides two off-street car space located within the existing double garage at the rear of the site. The proposed additional lower (2 bedroom) ground unit will increase the parking demand generated by the site by 1.2 spaces.

 

The proposed double car-stacker will provide 4 car spaces when completed and hence the parking provision for the additional unit will be satisfied as well as providing an additional space for one of the other units. The parking deficiency currently being experienced by the site will decrease by one space. There are therefore no objections to the proposed parking provision.

 

Carstacker Comments

In a previous similar application for the site (DA/39/2010) which was refused, Development Engineering had expressed concerns regarding the access grades into the car-stackers. The manufacturer specifications require an entrance grade not exceeding 4% and Council did not obviously wish to approve an arrangement that went beyond these limits as it could open itself up to litigation in the case of an accident or increased maintenance to the car-stacker. 

 

The submitted plans for this application demonstrate a satisfactory grade into the car-stacker with a 4% grade for the first 4.5m indicated in front of the garage. It also appears that access to the car space in the neighbouring property should not be adversely affected with the regrading works proposed.

 

The submitted plans and manufactures specifications indicate that the car-stacker will be 5.20m long which is designed to accommodate a vehicle 5.0m in length.  It should be noted that this is only just above the length of the B-85 design vehicle of 4.91m but  below the   length for the B-99 design vehicle of 5.2m in Australian Standard 2890.1:2004. A car-stacker of length 5.4m (to accommodate a vehicle 5.2m long) would be  Development Engineering’s preference but we will not object to the lower length in this case since it is to be located within an existing building envelope and on the on the condition that a sign be displayed at entrance to the car-stacker  indicating that a vehicle of maximum length 5.0m. An appropriate condition has been included in this report.

 

It is Development Engineering’s preference that car-stackers be avoided wherever possible due to the possibility of breakdowns and the possible reluctance of future residents to use the car-stackers and park on-street but given the site constraints and the high demand for on-street parking in the area Development Engineering will not object to the car-stackers in this instance.

 

The only other possible issues of concern created by the car-stacker are relating to noise for neighbours when the car-stacker is in operation. The car-stackers location at the rear of the property in close proximity to many dwellings may be of concern especially when considering  vehicles returning late at night. This is a matter for the environmental health section and the assessing officer should ensure the appropriate referrals have been made. Appropriate engineering conditions have now been attached to this report.

 

Right of Way Comments

One of the grounds for refusal of DA/39/2010 was that that existing driveway was too narrow and a Right of Way would be required over the adjoining land at No.17 Marcel Avenue to facilitate vehicle access. For the current application which has an identical vehicle access proposed s letter  from the body corporate of No.17 Marcel Avenue giving in principle support to the Right of Way together with a draft survey plan was requested and has now been submitted. These are satisfactory to Development Engineering and conditions have been placed on this report requiring the registration of the Right of Way prior to the issuing of an occupation certificate.

 

Drainage Comments

Stormwater Management on the site is currently unsatisfactory and will have to be rectified as part of any consent. The following characteristics of the site’s stormwater system were observed upon site inspection;

§ Downpipes on the north western side of the building adjacent to the driveway connect to a pipe suspended on the side wall of the building (Pic1) which eventually discharges to the ground surface in the subfloor area at the rear of the unit block (Pic 2). The discharge point is immediately next to an air conditioning unit and power point in the sub-floor. This is unsatisfactory and potentially dangerous and will have to be rectified as part of this consent.