Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 10 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                                 10 July 2012

 

 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 10 July 2012 at 6pm.

 

 

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

 

Quorum:                           Eight (8) members

 

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 12 June 2012

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application Reports (record of voting required)

 

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

D66/12      22/44-46 Melrose Parade, Clovelly (DA/317/2012)

D67/12      42 Cliffbrook Parade, Clovelly (DA/141/2012)

D68/12      1179 Anzac Parade, Matraville (DA/994/2011)

D69/12      Unit 17/90-96 Beach Street, Coogee (DA/313/2012)

D70/12      9-11 Beaumond Avenue, Maroubra (DA/819/1998/A)

D71/12      216 Clovelly Road, Randwick (DA/323/2012)

D72/12      130 Prince Edward Street, Malabar (DA/910/2011)

D73/12      31-31A Sackville Street, Maroubra (DA/451/2005/C)

 

D74/12      488 Anzac Parade, Kingsford (DA/176/2012)

D75/12      65 Macquarie Street, Chifley (DA/140/2006/B)

Miscellaneous Report (record of voting required)

M5/12       Post Exhibition - Draft S94A Development Contributions Plan    

Notice of Rescission Motion (record of voting required)

NR5/12      Notice of Rescission Motion from Crs Stevenson, Tracey & Woodsmith - 22 Milford Street, Randwick (DA/874/2011)  

 

 

 

 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                                 10 July 2012

 

 

Development Application Report No. D66/12

 

 

Subject:                  22/44-46 Melrose Parade, Clovelly (DA/317/2012)

Folder No:                   DA/317/2012

Author:                   Christopher Gorton, Assessment Officer     

 

Proposal:                     Enclosure of an existing covered terrace area at the rear of Unit 22

Ward:                      North Ward

Applicant:                Mr G L Phyland

Owner:                         The Owners - Strata Plan No. 68307

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The subject application is referred to the Planning Committee for determination as the proposed development involves variation to the development standard for floor space ratio under the LEP by more than 10% (i.e. 23.56%).

 

The proposal includes the enclosure of the existing covered terrace area at the rear of Unit 22, which is located to the rear of the existing building at Nos. 44-46 Melrose Parade.

 

The application was notified in accordance with the DCP for Public Notification of Development Proposals and Council Plans, no submissions were received.

              

The LEP states that a maximum floor space ratio of 0.9:1 is applicable to the site. The existing multi-unit housing has a floor space ratio of 1:1 and the proposal will provide 22.2m² of additional area resulting in a floor space ratio of 1.11:1. The applicant has submitted an objection under SEPP 1 to justify the non-compliance with the standard.

 

It is considered that the proposal only involves a minor variation with the floor space ratio standard.  The proposed terrace enclosure is situated to the rear of the building, which will not be visible from the street or set an undesirable precedence as the subject unit is considered to be unique in that the existing semi-enclosed terrace is located at ground level and the subject unit will still maintain a significant amount of private open space. For the above reasons, the application is recommended for approval.

 

2.    The Proposal

 

The subject proposal is for the piecemeal enclosure of the existing ground floor terrace of unit 22, which is located to the rear of the subject site and has an area of 22.2m².

 

3.    The Subject Site and Surrounding Area

 

The subject site is currently occupied by an existing four storey multi-unit housing development. The locality is residential in character and consists of predominately low scale multi-unit housing blocks.

 

The site is located in a Foreshore Scenic Protection Area as identified under the Randwick LEP 1998 (Consolidation).

 

Figure 1. Subject site (Pink Shade) and identification of the Foreshore Area (Blue Stripes)

Figure 2. Subject Site.

 

Figure 3. Subject terrace to be enclosed.

 

Figure 4. Subject Terrace to be enclosed.

 

Figure 5. Private open space available to unit 22.

 

4.    Site History

 

The original application for the multi-unit housing at 44-46 Melrose Parade, (DA/472/1998) was approved by Council and included a condition relating to balcony enclosures; Condition 16 of the approval states that the enclosure of balconies is prohibited by this consent. A section 96 modification has been submitted (DA/472/1998/B) for the rewording of condition 16 to read: ‘The enclosure of balconies is prohibited by this consent, except for the enclosure of the covered terrace to the west of the dining room within Unit No. 22’. DA/472/1998/B has been recommended for approval subject to this Development application being approved by council. 

 

The following are the most recent applications for the subject site:

 

DA/472/1998 - An application was approved by council on 6 October 1998 for the construction and Strata Subdivision of terraced 6 Level building containing 28 dwellings and basement car parking for 48 vehicles.

 

DA/472/1998/A - A Section 96 modification was approved by council on 21 November 2000 for changes to the car parking layout.

 

DA/305/2001 – An application was approved by council on 23 August 2001 for the installation of a fabric shade structure over the common walkway on level 5 and glass privacy screens to the balconies of dwelling units on Levels 3, 4 and 5.

 

DA/756/2003 – An application was approved by council on 26 August 2003 for the relocation of the strata plan.

 

DA/950/2010 – An application was approved by council on 29 October 2012 for the installation of an air-conditioning unit on northern side of unit 22.

 

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

 

A SEPP 1 objection has been provided by the applicant to justify the variation to the development standard for the FSR. 

 

Principles for assessing SEPP 1 Objections have been established in the NSW Land and Environment Court case, Wehbe v Pittwater Council [2007] NSWLEC 827. 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. The principles established in Wehbe v Pittwater Council are addressed below:

 

Clause 20F Floor Space Ratios

Pursuant to Clauses 20F of RLEP 1998, the maximum FSR within 2C Zones is 0.9:1 respectively. The proposed variation is summarized in the table below:

 

 

Floor space ratio

Proposal

1.11:1 (2046.2m2 )

LEP development standard

0.9:1 (1656m2)

Variation of the LEP standard

23.56% excess (390.2m2)

 

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).

 

FSR - Clause 20F

The stated purpose of the FSR standard as outlined in the LEP is:

 

“To operate together with controls for building height and landscaped area to limit the size and site coverage of a building having regard to the environmental amenity and aesthetic character of the area”.

 

The applicant has submitted a written SEPP 1 objection, which outlines the following justifications for the variation to the standard:

 

·      The additional floor space (22.2m²) is located within the existing building envelope. Hence, the additional floor space will not alter the height, bulk or scale of the existing building.

 

·      The proposal will not result in any unreasonable adverse impacts on adjoining development in terms of loss of outlook, overlooking, overshadowing or overbearing impacts.

 

·      The proposed alterations and additions will improve the residential amenity of the dwelling by providing additional internal living area and improved security for the occupants.

 

·      The proposed alterations will not significantly alter the private open space available to the dwelling.

 

It is considered that the proposal is satisfactory and compliance with the aforementioned development standards is unreasonable and unnecessary based on the following reasons:

 

·      It is considered that the enclosure of the terrace of unit 22 is minor and will not affect the buildings overall bulk, size or scale. The terrace is located wholly within the existing building envelope and is already semi-enclosed.

 

·      The ground floor terrace is screened by trees and the boundary fence from the surrounding properties and cannot be seen from the street, it is considered that there are no adverse affects on privacy, amenity or the character of the streetscape.

 

·      The enclosure of the terrace will not act as a precedent for the further piecemeal enclosure of balconies in the building as the subject unit is unique in that the existing semi-enclosed terrace is located at ground level to the rear of the site cannot be seen from any street frontage and will still maintains 71.86m² of private open space.

 

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

 

Matter 2

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

 

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

 

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

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

 

·    Comments:

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

 

The proposal is also consistent with the relevant objectives of the Residential 2C Zone in that it will allow for a low to medium density residential environment; maintain the desirable attributes of established residential areas and to protect the amenity of existing residents in the area.

 

Matter 3

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

 

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

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

 

·    Comments:

The proposed development and 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 there is no public benefit in maintaining the control in this instance.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the objectives of the development standard are achieved notwithstanding the non-compliance with the standard.

Second

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

 

Comments:

The underlying objective or purpose of the standard is relevant to the subject development.

 

Third

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

 

Comments:

The underlying objective of the standards would not be defeated or thwarted as full compliance in this instance is unreasonable.

Fourth

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

 

Comments:

The floor space ratio 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 2C zoning is not considered to be inappropriate for the locality.

 

6.    Community Consultation

 

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

 

7.    Technical Officers Comments

 

The application has been referred to council’s Building (BCA, Fire Safety) officer, the following comments have been provided:-

 

The proposal

Alterations to Unit 22 in the existing multi- storey residential flat building, comprising of the enclosure of the existing covered terrace area at the rear of the dwelling. It is noted that this application includes a S96 to vary the original consent to allow the enclosure of the balcony.

 

BCA Building Classification

Class 2 – Residential units

Class 7a- Carpark

 

Description of the Building

In summary, the building incorporates:

 

§ A ‘rise in storeys’ of 4

§ Masonry walls, trafficable roof and concrete floors

§ A total of 28 sole occupancy units

§ External balconies

 

Key Issues

Building Code of Australia (BCA):

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

 

Site Management:

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

 

8.    Master Planning Requirements

 

No Master Planning Requirements apply to the site.

 

 

 

9.    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 Environmental Plan.

-    Building Code of Australia.

-    Development Control Plan- Multi Unit Housing Development.

 

(a)    Randwick Local Environmental Plan 1998

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

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

 

The proposal is consistent with the aims of RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will not compromise the desirable attributes of the residential area, environmental qualities and social amenity of the locality.

 

As the development is classified as multi-unit housing, the following Clauses of the LEP 1998 apply to the proposal:-

 

Clause 20F Floor Space Ratios

The maximum floor space ratios for buildings other than buildings erected for the purpose of a dwelling house within 2C zones is 0.9:1.

 

The site has an area of 1840m2 and a maximum gross floor area (GFA) of 1656m2 is permissible. As identified in Section 5 of this report, the proposal has a total floor space ratio of 1.11:1 (2046.2m2 ) which exceeds the allowable maximum permitted for this site as stipulated in the control. A SEPP 1 Objection to this standard has been lodged by the applicant for consideration. The SEPP 1 assessment process concluded that the variation is not excessive and is supported.

 

Clause 29   Foreshore scenic protection area

The subject site is located within a Foreshore scenic protection area (listed under the RLEP 1998). It is considered that the proposal satisfies the relevant objectives and performance requirements of Clause 29 of LEP 1998 (Consolidation) as it is considered that the proposal will have no adverse affect on the overall aesthetic appearance of the existing building in relation to the foreshore.

 

9.1 Policy Controls

a.    Development Control Plan No. – Multi-Unit Housing

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

 


Development Control Plan – Multi-unit Housing

 

Clause

Standard

Check

y/n

 

Building Height

 

P1

 

 

 

 

 

P2

Heights of walls, their location and orientation do not cause substantiated adverse impacts on the streetscape or adjoining properties, particularly in relation to privacy, solar access and building bulk.

 

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

No change is proposed from the existing.

 

 

 

 

 

 

 

The enclosure of the terrace of unit 22 will not visibly increase the buildings overall bulk or detract from the overall appearance of the building as the terrace is located to the rear ground floor of the building.

Yes

 

 

 

 

 

 

 

 

Yes

 

Side and rear setbacks

Buildings (including balconies) maintain a minimum average setback (measured for the length of the building along that boundary) of 5

metres from any side boundary

 

No part of the building is closer than 3.5 metres from any side boundary.

 

Buildings (including balconies) maintain a minimum average setback (measured for the length of the building along that boundary) of 8 metres from the rear boundary

 

No part of the building is closer than 6 metres from the rear boundary.

No change is proposed from the existing side setbacks.

 

 

 

 

 

 

 

No change is proposed from the existing side setbacks.

 

 

 

No change is proposed from the existing rear setback.

 

 

 

 

No change is proposed from the existing rear setback.

Yes

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

Yes

 

Density

Building bulk is compatible with surrounding built forms and minimises impact of building bulk on nearby buildings, open spaces and the streetscape.

The enclosure of the terrace of unit 22 will not visibly increase the buildings overall bulk or detract from the overall appearance of the building as the terrace is already semi-enclosed and located to the rear ground floor of the building.

Yes

 

Privacy

P1 - Windows and balconies of main living areas are located to avoid overlooking of similar windows in adjoining dwellings and areas of private open space.

The enclosure of the terrace off the main living area of unit 22 will not affect the privacy of surrounding properties as it sits significantly lower than the surrounding properties, there is also sufficient natural and built screening as well as more than 9m separating the terrace from the adjoining neighbours.

Yes

 

Private open space

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P3 - Private open space :

 

- Provides privacy for its users;

 

- is readily accessible from the main living areas of the dwelling so that it can become an extension of the dwelling;

 

- provides opportunities for outdoor recreation and living.

 

Note:

The piecemeal enclosure of balconies on buildings, in particular where a precedent on existing buildings does not exist, is strongly discouraged.

 

 

Enclosed balconies are included in the calculations of floor space.

Whilst the enclosure of the terrace will eliminate some private open space, Unit 22 has a separate courtyard and balcony which accounts for 71.86m of private open space.

 

 

 

 

 

Whilst the piecemeal enclosure of balconies is not encouraged by council it is considered that the proposed work will have no adverse impact on the surrounding buildings or on the character of the streetscape. It is also considered that it will not set a precedent in the area as the site is unique in that the terrace is semi-enclosed and the unit will still maintain 71.86m² of private open space.

 

The non-compliance of the floor space ratio has been addressed previously.

 

Yes

 

 

 

 

 

 

 

 

 

 

No

 

 

 

 

 

 

 

 

 

 

 

 

No

 


Development Control Plan – Foreshore Scenic Protection Areas

Clause

Standard

Check

y/n

Foreshore Scenic Protection Areas

P1 - Minimises the visual impact of new development upon the shoreline and ensure the building form is generally in sympathy with the scenic qualities and topography of the shoreline.

 

P2 - The extent of hard surface areas is minimised and is permeable to allow water penetration.

 

P3 - Ancillary structures do not dominate the scenic qualities and open space of the foreshore and are in sympathy with the landscape and built character of the foreshore.

The subject site is located within the Foreshore Scenic Protection Area (listed under the RLEP 1998).

 

The enclosure of the terrace of unit 22 cannot be seen from the streetscape or the foreshore area, as it is located to the ground rear floor of the subject site. 

 

The proposed work will not add any additional hard surface to the existing development.

 

 

 

The proposed enclosure of the terrace of unit 22 is located to the rear of the building and cannot be seen from the streetscape, it is considered that it will not dominate or detract from the scenic qualities of the foreshore or the built character of the foreshore.

 

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

10. Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

 

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

The objectives of Zone No 2C are:

(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.

 

It is considered that the proposal meets the relevant objectives of Clause 12.

 

Clause 29 -  Foreshore scenic protection area

The subject site is located within a Foreshore scenic protection area. It is considered that the proposal satisfies the relevant objectives and performance requirements of Clause 29 as it is considered that the proposal will have no adverse affect on the overall aesthetic appearance of the existing building in relation to the foreshore.

 

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

Refer to table below.

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

The proposal generally satisfies the preferred solutions in the DCP Dwelling Houses and Attached Dual Occupancies, except where discussed in the key issues section of this report.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

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

 

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

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

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

 

 

Draft Randwick Local Environmental Plan 2012 (Draft LEP)

Draft Randwick Local Environmental Plan 2012 is a matter for consideration in the assessment of the subject development application under Section 79C of the Environmental Planning and Assessment Act 1979 (as amended).

 

The following table considers the proposed development having regard to the zoning provisions and development standards contained in draft LEP that are of relevance to the subject development application:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning: R3 Medium Density Residential

Is development permitted under zoning?

Objectives of zone

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

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

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

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

• To protect the amenity of residents.

• To encourage housing affordability.

• To enable small scale business uses in existing commercial buildings.

 

The proposal for enclosure of an existing covered terrace area at the rear of Unit 22 is considered to meet the relevant objectives of the zone.

Yes

Floor Space Ratio (Maximum)

0.9:1

1.11:1

The non-compliance of the floor space ratio has been addressed previously.

Height of Building (Maximum)

12m

No Change

Yes

Lot Size (Minimum)

325m

No Change

Yes

Heritage:

·    Draft Heritage Item

·    Draft Heritage Conservation Area

·    In vicinity of draft item or area

N/A

N/A

N/A

 

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 proposal is considered to meet the relevant assessment criteria and the objectives and performance requirements of the DCP – Multi Unit Housing,  it is considered that it will not adversely impact the character of the streetscape or the surrounding properties. The proposal will not have any adverse impacts on the Foreshore Scenic Protection Area; it will not dominate or detract from the scenic qualities of the foreshore or the built character of the foreshore.

 

The proposal is recommended for approval.

Recommendation

 

A      That Council supports the objection under State Environmental Planning Policy No. 1 – Development Standard in respect to non-compliance with Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation), relating to Floor Space Ratio, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/317/2012 for the enclosure of an existing covered terrace area at the rear of Unit 22 for 44-46 Melrose Parade, Clovelly, 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 No.

Drawn by

Dated

Received

DA03 (issue E)

Geoformdesignarchitects

21/02/2011

16/05/2012

DA06 (issue C)

Geoformdesignarchitects

08/02/2010

16/05/2012

DA07 (issue D)

Geoformdesignarchitects

10/09/2010

16/05/2012

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

3.       a)     The colours, materials and finishes of the external surfaces are to be compatible with the existing building and adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

b)     External materials, finishes and colours of the building are required to match, as closely as possible, the existing building

 

4.       Any required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, is to be forwarded to the Long Service Levy Corporation or the Council, prior to the issuing of a Construction Certificate, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

 

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

5.       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.

 

 Energy & Water Efficiency

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

 

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

 

Building regulation & construction

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

 

Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

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

 

 

9.       Prior to the commencement of any building (including ‘fit-out’ work), a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

A copy of the construction certificate, the approved plans and development consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment

 

10.     Prior to the commencement of any building or ‘fit-out’ works, the person having the benefit of the development consent must:

 

·       appoint a Principal Certifying Authority for the building work, and

·       appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing, and

·       unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

·       give at least two days notice to the Council, in writing, of the person’s intention to commence building works.

 

11.     The 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.

 

12.     In existing buildings, the following works are to be carried out to ensure minimum levels of fire safety (as applicable):-

 

1)     Any new or replacement ceilings walls and floor linings and doorways are required to satisfy the relevant requirements of the Building Code of Australia. 

 

2)     Any residential parts of the building must be provided with a smoke detection and alarm system, in accordance with the relevant provisions of the Building Code of Australia.

 

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Internal work only within a commercial or industrial development, located in a commercial or industrial zone, which is not audible within any residential dwelling or commercial or industrial premises

·   Monday to Saturday - No time limits (subject to column 1)

·   Sunday & public holidays - No work permitted

 

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

 

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

 

a)     A sign must be provided and maintained in a prominent position, 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”.

 

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

 

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

 

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

 

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

 

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

 

If it is proposed to locate any site fencing, hoardings or items upon any part of the footpath, nature strip or any public place, a Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services department beforehand. Details and plans are to be submitted with the application, together with payment of the weekly charge in accordance with Council’s adopted Pricing Policy.

 

g)     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.

 

The requirements and practices contained in the Protection of the Environment Operations Act 1997 and relevant DECC Construction Noise and Vibration Guidelines are to be satisfied and a Construction Noise and Vibration Management Plan is to be developed and implemented throughout the works to the satisfaction of Council, prior to the commencement of works.

 

15.     Access must be provided to the building for people with a disability in accordance with the relevant requirements of the Building Code of Australia, Disability (Access to Premises – Buildings) Standard 2010 and Australian Standard – AS1428.1 (2009), Design for Access and Mobility – General requirements for new building work, to the satisfaction of the Certifying Authority.

 

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

 

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

 

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

 

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

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

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

 

17.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation or use of the development encompassed        in this development consent (including alterations, additions and ‘fit-out’ work to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

18.     Where applicable, a Fire Safety Certificate must be submitted to Council prior to the issuing of an Occupation Certificate, in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

 

19.     The Fire Safety Certificate must include details of all of the fire safety measures contained in the building and as detailed in the fire safety schedule attached to the Construction Certificate.

 

Prior to issuing any Occupation Certificate the Principal Certifying Authority must be satisfied that all of the relevant fire safety measures have been included and are sufficiently detailed within the Fire Safety Certificate. A copy of the fire safety certificate must be displayed in the building near the entrance and a copy must be forwarded to the NSW Fire Brigades.

 

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

 

Advisory

A1      The assessment of this development application does not include an assessment of the proposed building work under the Building Code of Australia (BCA).

 

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

 

A2      In existing buildings, the levels of fire and occupant safety should be upgraded where necessary and details should be incorporated in the Construction Certificate to the satisfaction of the Certifying authority.

 

Where the levels of accessibility to existing buildings do not meet current standards, if practicable, the level of accessibility should also be upgraded in conjunction with the proposed development (e.g. via the installation of a 1:8 access ramp within the building) and details included in the construction certificate application.

 

Building owners, applicants and builders are advised to speak to the appointed Certifying Authority prior to lodgement of the Construction Certificate.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                 10 July 2012

 

 

Development Application Report No. D67/12

 

 

Subject:                  42 Cliffbrook Parade, Clovelly (DA/141/2012)

Folder No:                   DA/141/2012

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to units 3 & 4 of the building, including new internal stairs and rear verandah

Ward:                      North Ward

Applicant:                J Tonkin

Owner:                         Owners Strata Plan 1669

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The application is referred to the Planning Committee for determination at the request of Councillors Woodsmith, Smith and Matson.

 

The application details alterations and additions to the existing multi unit housing development.

 

The main issues are the impact that this development will have upon the amenity of the adjoining residential properties.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details alterations and additions to the existing building to provide for internal access from unit’s 3 & 4 to the lower ground level of the units which are currently used for storage. These will also be converted into living rooms and include bathrooms and a new balcony to the front of the each unit.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the northern side of Cliffbrook Parade which is directly opposite Gordons Bay and is accessed from a right of way which extends from Lowe Street to the west of the site. The southern boundary of the site adjoins the coastal walkway. The site is presently occupied by a three storey multi unit housing development which has a roof terrace and balconies within the southern elevation. The site has an area of 584m².

 

4.    Site History

 

The existing building has undergone extensive work in the past few years to carryout alterations and additions to the remainder of the building the approved works which have been undertaken include.

 

a)       The erection of four balconies to the rear of the building, approved under DA/318/1999.

 

b)       The incorporation of the existing subfloor of unit 3 to that dwelling and relocation of the living and kitchen into that area, approved under DA/426/2004.

 

c)       The demolition of the existing balconies and alterations and additions including new balconies, extending units 3 & 4, replace the existing openings, new laundry and upgrading of common areas, approved under DA/924/2004.

 

d)       Alterations and additions to the building including a new part storey to the southern side of the building, new windows to the side of the building, new decks to the southern side of the building, the reconfiguration of units 7 & 8 and alterations to units 3 & 4. These works were approved under DA/347/2007.

 

5.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  As a result of this notification, the following submissions were received:-

5.1 Objections

 

Issue

Comment

44 Cliffbrook Parade Clovelly

 

-There are already concerns relating to privacy from the existing building.

 

 

 

 

 

 

 

 

 

 

 

-The provision of a ‘grassed roof’ to the proposed verandah roof may be part of a future plan to enlarge the adjoining deck.

 

 

 

 

 

 

 

-The increase in size of the units have multiplied the potential residents and has exacerbated the parking situation in their street since there is no parking to this building.

 

 

 

 

 

-The works to the existing building have raised the height of the building which has increased overshadowing into their building which may further increase with these works.

 

 

 

 

Noted, although issues relating to privacy from the existing building are not relevant to this application as it deals with works to the lower portion of the building and does not seek to alter the recently installed windows to the side elevations of the building and the existing rear balconies. The objectors have been advised to consult with the Certifier and Council’s Regulatory Team in relation to investigation of any issues of non compliance with the existing building.

 

The new grassed roof which adjoins the existing level of the adjoining deck does not propose to be an extension of that deck. If that adjoining deck was to be enlarged it would require the prior consent of Council. See comments also in relation to the mediation result and a condition recommended to require that this roof garden be non trafficable.

 

The proposed works essentially convert existing floor areas of dwellings 3 & 4, with a modest increase in floor area of 15m² to unit 4. The nature of the development does not significantly increase the floor area of the building or intensify the use of the building that would generate any significant additional demand for parking.

 

The extent of any additional overshadowing as a result of the proposed works detailed in this application is not significant with almost all of the shadowing to the adjoining buildings resulting from the existing building.

 

5.2 Support

 

Statement

Comment

James Tonkin, applicant in response to objectors submission

 

-The objectors concerns in relation to loss of privacy does not mention specific units which may be affected by the proposal, but does state that units 4 & 5 have been affected by the previous works. The current proposal is below unit 4 and two levels below unit 5.

 

-There is some concern that the grassed roof of the verandah is part of a plan to enlarge the deck which it adjoins. The roof is to be covered with varieties of succulent plants that are indigenous and require little maintenance. There is no intention of the owners to enclose this roof and make it trafficable, and it is expected that Council may not consider this appropriate in any case.

 

-In relation to parking, the proposed addition is to create access to a verandah and not for an additional bedroom and hence does not increase the living capacity of each apartment.

 

-In relation to overshadowing, there will only be minor additional over shadowing around noon to mid winter to the garden of 42 Cliffbrook Parade.

 

 

 

Noted. See comments in relation to privacy further in this report.

 

 

 

 

 

 

Noted. See also comments in relation to the mediation and the agreement to include a condition that the roof of the verandahs be non trafficable.

 

 

 

 

 

 

 

Noted, see comments above in relation to the proposal not generating any additional parking demand.

 

 

 

Noted.

 

 

6.    Mediation

 

Mediation was held on 31 May 2012 between the applicant and an objector representing the owners of the adjoining property at 44 Cliffbrook Parade Clovelly.

 

During the mediation the main concern raised by the objector was the loss of privacy from the proposed verandah, particularly the landscaped roof of the structure which at some stage may be accessible and used as an additional balcony. The objector also expressed concerns that the new verandah may be converted to habitable self contained dwellings.

 

In response to the objector’s concerns the applicant noted that they had no intentions to use the upper roof garden as a trafficable roof area and would welcome a condition imposed with any consent that the roof garden be inaccessible and that the glass balustrade remain in it’s current position. The applicant also agreed to delete louvers to the eastern and western side of the level 1 balcony and replace with sandstone wall to match the existing building.

 

7.    Relevant Environmental Planning Instruments

 

The site is zoned Residential 2(A) under Randwick Local Environmental Plan 1998 (LEP) and is for alterations and additions to an existing multi unit housing development which is prohibited within the 2A zone.  However, the proposal is permissible with Council's consent under the ‘existing use rights’ provisions pursuant to Part 4, Division 10 of the Environmental Planning and Assessment Act, 1979, as amended and Part 5 of the Environmental Planning and Assessment Regulation 2000. 

 

The use of the building for multi unit housing was lawfully commenced under the planning controls at that time and as has been demonstrated by the continuing use of the building for multi unit housing and the history of the recent development consents for the building the use has not been abandoned.

7.1   Existing use rights assessment

Section 108(3) of the EP&A Act provides that any provisions in an instrument that would derogate from the “incorporated provisions” of the Act would have no force or effect.  This effectively means that provisions (objectives, controls or standards) of an environmental planning instrument that would restrict the redevelopment of the site do not apply.  In the absence of such provisions, the Land and Environment Court has established a planning principle for urban development (Fodor Investments v Hornsby Shire Council, 2005) which establishes criteria for the assessment of proposals on land with existing use rights. They are listed below along with an assessment of the proposal against them.

 

·          How do the bulk and scale (as expressed by height, floor space ratio and setbacks) of the proposal relate to what is permissible on surrounding sites?

While planning controls, such as height, floor space ratio and setbacks do not apply to sites with existing use rights; they have relevance to the assessment of applications on such sites. This is because the controls apply to surrounding sites and indicate the kind of development that can be expected if and when surrounding sites are redeveloped. The relationship of new development to its existing and likely future context is a matter to be considered in all planning assessment.

 

Comment

The proposed alterations and additions to the existing building are not out of keeping with the established character of the locality which includes similar multi unit housing development to the adjoining and nearby sites. The proposed works are to the Cliffbrook Parade frontage of the building and are in keeping with the existing appearance of the building and will not unduly detract from the appearance of the building or the other buildings in this section of Cliffbrook Parade.

 

·          What is the relevance of the building in which the existing use takes place?

Where the change of use is proposed within an existing building, the bulk and scale of that building are likely to be deemed acceptable, even if the building is out of scale with its surroundings, because it already exists.  However, where the existing building is proposed for demolition, while its bulk is clearly an important consideration, there is no automatic entitlement to another building of the same floor space ratio, height or parking provision.

 

Comment

It is proposed to add to the existing building in a manner that would be consistent with the desired future character of the area as it maintains a residential use to the building and the subject site.

 

·          What are the impacts on adjoining land?

The impact on adjoining land should be assessed as it is assessed for all development. It is true that where, for example, a development control plan requires three hours of sunlight to be maintained in adjoining rear yards, the numerical control does not apply. However, the overshadowing impact on adjoining rear yards should be reasonable.

 

Comment

It is not considered the proposed use and associated works will result in any significant adverse impacts on the amenity of the immediately surrounding properties nor will it compromise the aesthetic character and environmental qualities of the subject site and the locality, with particular reference to the significance and values of the foreshore scenic protection area.

The development will not have any significant impact upon existing solar access to adjoining premises, there will be some loss of solar access to those properties during the morning and early afternoon period the remainder of the day will maintain the minimum solar access requirements of 3 hours a day.

 

·          What is the internal amenity?

Internal amenity must be assessed as it is assessed for all development. Again, numerical requirements for sunlight access or private open space do not apply, but these and other aspects must be judged acceptable as a matter of good planning and design. None of the legal principles discussed above suggests that development on sites with existing use rights may have lower amenity than development generally.

 

Comment

The proposed development will improve the amenity of the occupants of these particular units by providing for larger and more usable living areas within the unit and the adjoining enclosed verandahs.

 

7.2      Randwick Local Environmental Plan 1998

Whilst the provisions of RLEP 1998 are not to be strictly applied the, they may be used as a guide in the context of a merits assessment.

 

The objectives of the residential 2A zone are to provide for a low density residential environment, to maintain the desirable attributes of established residential areas and to protect the amenity of existing residents.

 

The proposed development to carryout alterations and additions to the existing building satisfies these objectives of the LEP 2A zone in that the development will provide for a built form that will positively contribute to the desirable attributes of the residential area and will not result in a significant impact upon the amenity of the existing adjoining and nearby residents.

 

Clause 20E– Landscaped Area

The purpose of this clause is:

To operate together with controls for floor space ratio and building height to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area.

 

Merits Assessment

Approximately 44% of the site area is provided as landscaping, which include a private open space of soft landscaping to the rear of the site which represents 28% of the site area. These areas of landscaping are sufficient to serve the amenity of the occupants and satisfy the purpose of Clause 20E of the LEP.

 

Clause 20F – Floor Space Ratio

The purpose of this clause is:

‘to operate together with controls for building height and landscaped area to limit the size and site coverage of a building having regard to the environmental amenity and aesthetic character of the area’

 

Merits Assessment

The existing floor space ratio of the building is 1:1 which will be increased to 1:15 by the proposed development. The increase in floor area arises from the conversion of the subfloor area into habitable floor area and the new balconies which are almost entirely enclosed and are included in the FSR for the purposes of calculating floor area. There are no major objections to the increase in the FSR of the building as the additional floor area to the building is a combination of subfloor area and balconies which are situated at the lower level of the site and being stepped down the site will not be visually prominent as viewed from the foreshore and will not cause any unreasonable impacts to the amenity of the adjoining properties.

 

Clause 20G - Building heights

The purpose of this clause is:

 ‘to operate together with controls for floor space ratio and landscaped area to limit the size, scale and site coverage of a building have regard to the environmental amenity and aesthetic character of the area’

 

Merits Assessment

The proposal increases the building height to an area of the site which was not previously built upon. The height of the building at the rear is 4.5m which is not significant in the context of the existing building and maintains the terraced effect of the building stepping down the site following the natural contours of the site towards the Cliffbrook Parade frontage which adjoins the public path along the permitter of Gordons Bay.

 

Clause 29 Foreshore Scenic Protection area

The site is located within the Foreshore Scenic Protection area and therefore development consent can only be granted to applications when Council has considered the impact of the development upon the aesthetics of the foreshore. In this instance there are no major objections as the nature of the proposed development is in keeping with the existing building and will not detract from the appearance of this building and the adjoining buildings in this section of Cliffbrook Parade which are directly opposite Gordons Bay.

 

7.3    SEPP 65 – Design Quality of Residential Flat Development

This policy applies to a development being;

 

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

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

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

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

 

This SEPP is not applicable to this development as it is not regarded that the nature of the development falls within part (b), being either the substantial redevelopment or the substantial refurbishment of and existing flat building.

 

7.4    Draft Randwick Local Environmental Plan 2012 (Draft LEP)

Draft Randwick Local Environmental Plan 2012 is a matter for consideration in the assessment of the subject development application under Section 79C of the Environmental Planning and Assessment Act 1979 (as amended).

 

The following table considers the proposed development having regard to the zoning provisions and development standards contained in draft LEP that are of relevance to the subject development application:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning: R2 Low residential

 

Is development permitted under zoning?

Multi unit housing is prohibited development.

The application details alterations and additions to the existing multi unit housing development

No the development is assessed under existing use rights provisions.

 

8.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998. See comments above in relation to existing use rights provisions.

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

See above

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

Not applicable.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

The 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.

 

 

Privacy

The two new verandahs off level 1 are orientated to Gordons Bay to the south to take advantage of the panoramic views in this direction across the bay and towards Coogee and Wedding Cake Island. The other dwellings and multi-unit housing development in Cliffbrook Parade are all similarly orientated and include large terraces and balconies to the southern face to the buildings.

 

The verandahs include louvers to match the existing louvers to the other levels of the building which will minimise the extent of overlooking from the side in the direction of the adjoining. As stated in the summary of the mediation the applicant has agreed to replace the louvers with sandstone cladding similar to that to the existing building.

 

Also as part of the mediation the applicant has agreed to the imposition of a condition to require that the roof above these verandahs is to remain as garden and non trafficable and the balustrade behind being maintained. This will prevent the use of the roof garden as a trafficable deck which could result in overlooking into the terraces of the adjoining building.

 

Overshadowing

The extent of any additional overshadowing as a result of the proposed works detailed in this application is not significant with almost all of the shadowing to the adjoining buildings resulting from the existing building.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:          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 application to carryout alterations and additions to units 3 and 4 in the existing building to include the conversion of the lower level of the building into additional habitable living areas to those units, with new internal stairs and verandahs at rear with roof garden above will not adversely impacts on the amenity of the adjoining properties. The application is recommended for approval.

 

Recommendation

That Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/141/2012 for alterations and additions to units 3 and 4 including new internal stairs and rear verandah at Units 3 & 4, 42 Cliffbrook Parade, Clovelly, subject to the following conditions:

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

DA01A

James Tonkin

01/03/2012

DA03A

James Tonkin

01/03/2012

DA04A

James Tonkin

01/03/2012

DA05A

James Tonkin

01/03/2012

DA06A

James Tonkin

01/03/2012

DA07A

James Tonkin

01/03/2012

DA08A

James Tonkin

01/03/2012

DA09A

James Tonkin

01/03/2012

BASIX Certificate

No.

Dated

 

A133829

2nd March 2012

 

Amendment of Plans & Documentation

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

 

a)     The landscaped roof garden above the new verandahs to level 1 must  remain non trafficable (other than for maintenance purposes) and not to be used for any purpose other than as a garden with the balustrades behind the garden to the balconies of level 2 of the building remaining fixed in position behind the northern edge of the garden.

 

b)     The proposed louvers to the sides of the verandahs to level 1 are to be replaced with panels of full height sandstone cladding to match the adjoining sandstone cladding of the building.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

4.       Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Manager Development Assessments prior to issuing a construction certificate for the development.

 

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $ 180 070, the following applicable monetary levy must be paid to Council: $ 900.35.

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

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

7.       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

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

 

BASIX Requirements

9.       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

10.     Prior to the commencement of any building works, the following requirements must be complied with:

 

a)     a Construction Certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

A copy of the construction certificate, the approved development consent plans and consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

b)     a Principal Certifying Authority (PCA) must be appointed to carry out the necessary building inspections and to issue an occupation certificate; and

 

c)     a principal contractor must be appointed for the building work, or in relation to residential building work, an owner-builder permit may be obtained in accordance with the requirements of the Home Building Act 1989, and the PCA and Council are to be notified accordingly; and

 

d)     the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

e)     at least two days notice must be given to the Council, in writing, prior to commencing any works.

 

In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

 

Home Building Act 1989

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

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

Temporary Site Fencing

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

 

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

 

Temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

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

 

 

Construction Site Management Plan

14.     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

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

 

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

 

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

·           Details of hazardous materials (including asbestos)

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

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

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

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

·           Other relevant details, measures and requirements to be implemented

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

·           Date the demolition works will commence

 

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

 

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

 

Notes

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

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

 

Sydney Water

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

 

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

 

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

 

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

 

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

17.     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

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

 

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

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

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

 

Restriction on Working Hours

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

·   Monday to Friday - 8.00am to 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

20.     The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment, Climate Change & Water and Randwick City Council policies, including:

 

·           Occupational Health & Safety Act 2000 & Regulations

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

·           WorkCover NSW Guidelines and Codes of Practice

·           Australian Standard 2601 (2001) – Demolition of Structures

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

·           Relevant DECCW/EPA Guidelines

·           Randwick City Council Asbestos Policy

 

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

 

Removal of Asbestos Materials

21.     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

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

 

Public Safety & Site Management

23.     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

24.     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.

 

25.     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.

26.     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.

 

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

27.     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

28.     In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an Occupation Certificate for this development, unless it is satisfied that each of the required BASIX commitments have been fulfilled.

 

Relevant documentary evidence of compliance with the BASIX commitments is to be forwarded to the Council upon issuing an Occupation Certificate.

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

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

 

A7      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

A8      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

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

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

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

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

 

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

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                 10 July 2012

 

 

Development Application Report No. D68/12

 

 

Subject:                  1179 Anzac Parade, Matraville (DA/994/2011)

Folder No:                   DA/994/2011

Author:                   Alex Van Son, Senior Environmental Planner     

 

Proposal:                     Demolition of existing structures and construction of a part two/part three storey attached dual occupancy with garages and associated works (SEPP1 Objections to floor space ratio and height controls)

Ward:                      South Ward

Applicant:                Mr B Flentzeris

Owner:                         Mr B Flentzeris

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.        Executive Summary

 

The subject development application has been referred to the Planning Committee for determination as it involves a SEPP 1 objection that exceeds 10%.

 

The site is located at 1179 Anzac Parade and zoned Residential 2A under the Randwick Local Environment Plan (Consolidation) 1998. This is reflected in the form of surrounding development, which comprises mainly low density residential development including detached dwellings and attached dual occupancy development.

 

The proposal involves the demolition of existing structures within the site and the construction of a two level attached dual occupancy with basement parking, and landscaping works. Amended plans have been submitted through the assessment process to address concerns raised by Council and through submissions.

 

The proposed development involves objections under State Environmental Planning Policy (SEPP) No. 1 Development Standards to cl20F Floor space ratios (6%) and cl20G Building height (21%) of the Randwick Local Environment Plan 1998 (Consolidation). In both instances it is considered that the SEPP 1 objection is well founded and compliance with the standard is unreasonable and unnecessary in this instance.

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification between 16/01/2012 and 31/01/2012.  Submissions received as result of this notification have been addressed within the body of this report.

 

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, and the proposal is considered to satisfy all relevant heads of consideration. In particular: the proposal is considered to be consistent with the objectives of the Residential 2A Zone and the objectives of applicable development standards; and the proposal is considered to satisfy the objectives and performance requirements of the DCP: Dwelling Houses and Attached Dual Occupancies.

 

The proposal complies with the relevant assessment criteria and will not result in any unreasonable adverse impacts upon the amenity of adjoining sites or the character of the locality. As such, the proposal is recommended for approval subject to the conditions detailed within the recommendation of this report.

 

2.        Site Description

 

For the purposes of this report, the direction of north-south is taken to be perpendicular to the side boundaries of the existing lot. The site is located on the western side of Anzac Parade between Hilary Parade to the north and Lawson Street to the south. Pioneers Park is located directly to the east of the site on the opposite side of Anzac Parade.

 

The lot presently contains a single level detached brick dwelling house and detached fibro garage located in the rear yard of the site were approved in 1955 (BA/324/1955). Subsequently a brick garage located level with the front setback to the south of the dwelling has been approved and constructed.

 

The site has a frontage to Anzac Parade of 15.24m and a total site area of 557.9m2 (as per survey). The site has a depth of 39.355m on the southern boundary and is slightly irregular in shape. The topography of the site slopes down from the rear (west) of the site to the front (east) at an overall grade of approximately 6.3%. The proposal does not involve the removal of any significant vegetation.

 

Development in the locality is characterised by low density residential development including, primarily, detached dwellings and attached dual occupancy development. The scale of existing development on surrounding sites varies between single storey and three stories in scale.

 

3.        Proposal

 

The proposed development involves the demolition of existing structures on site and the construction of a part two part three level attached dual occupancy with semi-basement level parking fronting Anzac Parade. Bedrooms are located at ground floor level and living areas are located at first floor level. East facing balconies are provided at ground and first floor level.

 

Through the assessment process and in response to objections received from neighbours, the following key amendments have been made to the proposed development as originally submitted:

 

·      The overall height of the building has been reduced by 690mm from RL40.89 to RL40.2.

·      The rear west facing roof terrace at first floor level has been deleted due to privacy concerns raised by neighbours.

·      The configuration of the front entrance has been amended to address privacy concerns. The height of the external walkways have been reduced and the entrance doorways to the units have been relocated to internalize stairs.

·      Superficial changes have been made to the front façade of the building to better articulate the proposed building bulk.

 

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

 

The proposal seeks to vary development standards contained within Randwick LEP 1998. A SEPP 1 Objection has been submitted with the development application. In assessing the applicant’s SEPP 1 Objection, the following matters are addressed:

 

4.1      Clause 20F: Floor Space Ratio

 

20F (1) Floor Space Ratio

Proposed

Site area

557.9m2

Proposed

0.53:1 or 295.2m2

LEP development standard

0.5:1 or 278.9m2

Excess above or less than the LEP standard

6% or 16.3m2

 

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 objective of Clause 20F of the Randwick LEP is stated as being:

 

To operate together with controls for landscaped area and building height to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area.

 

As such, the appropriate test in this instance is to establish whether the proposed floor space ratio results in a development that is of a size and scale which is compatible with the established character of the locality and does not detract from the amenity of the locality and the objectives of the Residential 2A Zone.

 

The relevant arguments put forward by the applicant in respect of Matter 1 considerations have been summarised below:

 

·      The site coverage of the proposed dual occupancy is similar to the northern adjoining two storey dwelling therefore, minimising any risk to the environmental amenity of the immediate area;

·      The proposed landscape area is fully compliant with the minimum 40% of landscaped area required for dual occupancy development;

·      The proposed development is uniform with adjoining and surrounding development, including the adjoining two storey dwelling to the north at No. 1177. Thus, the streetscape and residential amenity for future occupants will be vastly improved.

·      The dual occupancy development will introduce an affordable housing choice for the locality.

·      The height, bulk and scale of the finished development results in a building that is consistent with the LEP objectives for redevelopment along Anzac Parade, and is consistent with the surrounding variety of buildings and densities.

·      The proposal will meet with Council’s objectives for ecological sustainable development.

·      The variation of development standards relating to the maximum floor space ratio in the manner proposed does not give rise to any matters of significance for State or regional environmental planning, nor does it oppose matters pertaining to clause 8(a) and (b) of SEPP 1 in relation to matters of significance for State Planning Policies or Ministerial directives and the public benefit.

 

The justifications for the SEPP 1 objection provided by the applicant are generally considered to be well founded. The proposed development will present to Anzac Parade as a three level building with basement car parking at street level and there are a number of buildings within proximity to the site that also present to Anzac Parade as three levels. The height and bulk of the proposed development will be in keeping with the scale of development established by recent approvals to the south (Numbers 1199-1199A, 1197-1197A and 1193-1193A Anzac Parade) and larger scale dwellings to the north. The design of the proposed development has been amended through the assessment process to emphasise the horizontal elements of the front façade so that the building reads as two elements, the lighter of the two being the first floor component. In order to achieve this a solid framing element was introduced around the basement and ground floor level. In conjunction with a recessed first floor level, the amendments are considered to successfully mitigate the visual appearance of the buildings bulk.

 

Proposed development

 

It is considered that the SEPP 1 Objection is well founded and compliance with the standard is unreasonable and unnecessary in this instance.

 

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 floor space ratio development standard is not inconsistent with the aims of SEPP 1 as it would not detract from the objectives of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would promote the orderly use of the land, and would not result in significant adverse environmental or social impacts. The proposal is consistent with the relevant objectives of Residential 2A Zone. The proposal involves the construction of a new part 2-part 3 level attached dual occupancy which is permissible with Council consent. The effect of the proposal on the amenity of neighbouring sites, as discussed in the following sections of this report, is considered to be acceptable. The proposal will encourage housing affordability insofar as it will contribute to the availability and diversity available housing within the local area.

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 does not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not allow the best use of the site and there is no public benefit in maintaining the control in this instance.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

The most commonly invoked way is to establish that compliance with the development standards 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 proposal is considered 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 standards 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 standard would not be defeated or thwarted as full compliance in this instance is unreasonable.

 

Fourth

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

 

 

Comments:

The floor space ratio development 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 2A zoning is not considered to be inappropriate for the locality.

 

 

4.2      Clause 20G: Building Height

NB: In accordance with the definition of wall height as defined within the Randwick LEP 1998 (Consolidation), wall height is to be measured as the vertical distance from the highest point on an external wall to the ground level of the site and each external wall height measurement must include gable ends and attic walls with an area over 6 metres2 and dormer windows that protrude horizontally from the roof more than 2.5 metres. In this instance, external wall height has been measured to the top of the clearstory walls and represents the maximum height of any vertical wall associated with the structure.

 

20F (3) External wall height

Proposed

Proposed

8.47m

LEP development standard

7m

Excess above or less than the LEP standard

1.47m or 21%

 

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 objective of Clause 20G of the Randwick LEP is stated as being:

 

To operate together with controls for landscaped area and floor space ratio to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area.

 

As such, the appropriate test in this instance is to establish whether the proposed external wall height results in a development that is of a size and scale which is compatible with the established character of the locality and does not detract from the amenity of the locality and the objectives of the Residential 2A Zone.

 

The relevant arguments put forward by the applicant in respect of Matter 1 considerations have been summarised below:

 

·      The overall building height of the proposed two storey dual occupancy is compliant with the maximum 9.5 metre restriction.

·      The proposed overall wall height, which is defined by including the clerestory windows located towards the centre of the building, results in a height of 8.47 metres.

·      The departure from the maximum wall height standard by 1.47 metres will not give rise to any significant impacts to adjoining properties in terms of loss of views and privacy or loss of sunlight to the southern adjoining residence at No. 1181;

·      With regards to views, an inspection of the subject site and visual observations from the rear properties reveal that some views towards the east from rear western properties will be hindered. However, such views are obtainable due to the rear properties having an elevated topography and that the subject site is currently occupied by a single storey dwelling. There is an expectation that the subject site will be developed (as with No. 1177 to the north) either as a two dwelling or two storey dual occupancy building as permitted under the current zoning. As the proposed dual occupancy building is compliant with the overall height and side boundary setbacks, the intended increase in wall height still allows views to be maintained to each side of the building towards the east and distance views over the structure. This result is considered reasonable in the circumstances where the development proposal is not out of character with recent development in the locality.

·      In terms of loss of sunlight, the submitted shadow diagrams indicate that the worst-case scenario for the southern adjoining property at No. 1181 during winter is in the afternoon at 3.00 pm. At the time of the day, overshadowing extends over the northern elevation of the dwelling and onto the front yard area. This is considered acceptable in the circumstances as the rear yard area has only a small portion of overshadowing during the morning at 9.00 am reducing in impact towards 12-noon.

·      Overall, with the proposed roof height being compliant and with the intended 1.47 metre increase in wall height, which for the clerestory windows are confined to the centre of the building structure together with the 360mm increase in wall height along the southern building elevation, will not impose any significant increased overshadowing and therefore no detrimental loss of winter sunlight to the southern adjoining property, in which case of the rear yard, will maintain an acceptable level of winter sunlight and therefore, amenity for the occupants.

·      The resultant height of the development does not cause any substantiated impact on the streetscape with regards to building bulk compared to similar development in the immediate locality. The front facade of the dual occupancy building will embellish the residential streetscape character by the inclusion of elements such as glazing, the use of varying materials, building articulation, and massing of the each side building elevation;

·      The variation of development standards relating to the maximum external wall height in the manner proposed does not give rise to any matters of significance for State or regional environmental planning, nor does it oppose matters pertaining to clause 8(a) and (b) of SEPP 1 in relation to matters of significance for State Planning Policies or Ministerial directives and the public benefit.

 

The justifications for the SEPP 1 objection provided by the applicant are generally considered to be well founded. As discussed in relation to the SEPP1 objection to cl20F, the proposed development will present to Anzac Parade as a three level building with basement car parking at street level and will reflect the scale of existing development located within visual proximity of the site. Impacts that are likely to arise as a result of building height, overshadowing and view loss, in particular, will not affect the neighbouring property to the south more severely than would be expected as a result of a complying development. The proposal is considered to satisfy the Principles of View Sharing established by the LEC in Tenacity Consulting v Warringah [2004] NSWLEC 140 as view loss as a result of the proposed development reflects that expected as a result of reasonable development within the subject site.

Possible compliant roof form

As shown in the above illustration, the proposed clerestorey roof structure would be largely contained within a pitched roof structure that could be designed so as to be at least partially compliant (particularly that part to the west) with the maximum building height development standard. At no pint does the height of the building exceed the maximum building height development standards and it is expected that a compliant development with a pitched roof could result in similar view loss impacts on No. 35 and 37 Meehan Street.

 

As shown above, the maximum external wall height measurement does not correspond to the height of walls on side elevations immediately adjacent to property boundaries. The height of walls immediately adjacent to side boundaries reaches a maximum height of 7.2m from ground level at the eastern end (front) of the site. Non-compliance with the development standard is predominantly as a result of the proposed clerestory structure, which is not expected to significantly contribute to the visual bulk of the structure when viewed from the streetscape or overshadowing of immediately adjoining sites. Some portions of external wall, particularly to the west of the proposed building, comply with the  7m wall height development standard.

 

It is considered that the SEPP 1 Objection is well founded and compliance with the standard is unreasonable and unnecessary in this instance.

 

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 building height development standard is not inconsistent with the aims of SEPP 1 as it would not detract from the objectives of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would promote the orderly use of the land, and would not result in significant adverse environmental or social impacts. The proposal is consistent with the relevant objectives of Residential 2A Zone. The proposal involves the construction of a new part 2-part 3 level attached dual occupancy which is permissible with Council consent. The effect of the proposal on the amenity of neighbouring sites, as discussed in the following sections of this report, is considered to be acceptable. The proposal will encourage housing affordability in so far as it will contribute to the availability and diversity available housing within the local area.

 

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 does not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not allow the best use of the site and there is no public benefit in maintaining the control in this instance.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

The most commonly invoked way is to establish that compliance with the development standards 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 proposal is considered 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 standards 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 standard 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 development 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 2A zoning is not considered to be inappropriate for the locality.

 

5.        Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification. As a result of this notification, the following submissions were received and fully considered in the assessment of the subject development application.

 

Except where noted below, the submissions received relate to the development as originally submitted to Council on 22/12/2011. Where requested in submissions, objectors have been notified of amended plans.

 

Through the assessment process and in response to objections received from neighbours, the following key amendments have been made to the proposed development as originally submitted:

 

·      The overall height of the building has been reduced by 690mm from RL40.89 to RL40.2.

·      The rear west facing roof terrace at first floor level has been deleted due to privacy concerns raised by neighbours.

·      The configuration of the front entrance has been amended to address privacy concerns. The height of the external walkways have been reduced and the entrance doorways to the units have been relocated to internalize stairs.

·      Superficial changes have been made to the front façade of the building to better articulate the proposed building bulk.

 

Address

Objection

33 Meehan Street

·      Excessive building height, building height does not reflect the height/scale of adjoining development.

·      View loss impacts due to building height.

·      Privacy issues due to proposed building height.

·      Asbestos contamination due to demolition of the existing fibro shed.

35 Meehan Street

·      Loss of visual privacy to bedrooms.

·      Loss of views due to height and bulk

·      Asbestos contamination due to demolition of the existing fibro shed.

37 Meehan Street

·      Privacy of properties to the west due to windows, rear terrace and building height.

·      Asbestos contamination due to earthworks.

1181 Anza Parade (ABC Planning 30/01/2012)

·      Privacy impacts due to configuration unit entrance adjacent to boundary.

·      Privacy impacts due to windows on side elevation and balconies.

·      Privacy and overshadowing due to inadequate side setback in relation to southern boundary.

·      Unreasonable overshadowing impacts of objectors dwelling (including any potential future development) and north facing windows due to excessive building height and setbacks

·      Excessive building bulk, incompatibility with scale of surrounding development.

·      Building height incorrectly stated in SEE.

·      Inadequate landscaping. 

·      Proposed changes to building design: excavation and provision of basement level parking; provision of entrance at front elevation; changes to fenestration on side elevation to improve privacy; increase side setbacks and provide landscaping; setback first floor balconies from side boundaries and incorporate privacy screens.

1181 Anzac Parade (ABC Planning 05/06/2012 re: amended plans)

 

·      Privacy concerns due to use of side yard to access rear open space – access should be provided from the rear at ground level.

·      Further reduce height of the building to address overshadowing.

·      Ensure that the rear terrace is non-trafficable (delete balustrade shown on plans).

·      Increase sill height of the west facing windows at first floor level or provide privacy screening as windows provide a direct view of objectors rear yard. 

 

 

 

5.1      Scale: Excessive Building Height and Bulk.

The proposed development will present to Anzac Parade as a three level building comprising basement car parking at street level with two habitable levels above. At the rear, the proposed building will be two levels in height.

 

There are a number of buildings within proximity to the site that present to Anzac Parade as three levels. The images below depict existing development on the western side of Anzac Parade between Hilary Parade to the north and Lawson Street to the south.

 

1199/A

 

1197/A

 

1193/A

 

Recent part two -part three storey development to the south of the site (DA post 2002).

 

1169

 

1171

 

1177

 

1179

 

Subject site and existing development to the north of the site.

 

Numbers 1199-1199A, 1197-1197A and 1193-1193A Anzac Parade, to the south, are separated from the subject site by six residential sites and contain recent development that closely reflects the form of development proposed at No. 1179 Anzac Parade. Numbers 1171 and 1169 Anzac Parade, to the north, present as two storeys plus pitched roof to Anzac Parade. No 1177 Anzac Parade, immediately to the south of the north of the site, has semi basement level parking and two habitable levels and presents to Anzac Parade as two and a half storeys in scale. While the contrast between the proposed development and single storey dwellings will be evident, the height and bulk of the proposed development will be in keeping with the scale of development established by recent approvals to the south and larger scale dwellings to the north.

 

The design of the proposed development has been amended through the assessment process to reduce the overall height and to emphasise the horizontal elements of the front façade so that the building reads as two elements, the lighter of the two being the first floor component. In order to achieve this a solid framing element was introduced around the basement and ground floor level. In conjunction with a recessed first floor level, the amendments are considered to successfully mitigate the visual appearance of the buildings bulk.

 

5.2      View Loss Impacts

Objections have been received from neighbours to the west of the site in relation to view loss. The overall height of the building has been reduced by 690mm from RL40.89 to RL40.2 through the assessment process. An assessment of the proposal, as amended, against the Principles of View Sharing established by the Court in Tenacity Consulting v Waringah [2004] NSWLEC 140 has been undertaken below. In order to assess the impacts of the proposal the following properties were visited:

 

·      35 Meehan Street.

·      37 Meehan Street.

 

Affected Property

·      Assessment of views to be affected

·      Part of property where views are obtained

·      Extent of the impact

35 Meehan Street.

 

Single storey detached dwelling.

 

Views of reserve areas associated with the Malabar Headland are obtained over the rear boundary of the site and the ridge of the existing dwelling. This view is obtained from internal living areas and bedrooms at the rear of the property. Generally, views are obtained from both sitting and standing positions, albeit standing positions offer better views. Presently the view is obscured by existing vegetation. The proposed building is expected to block views of the headland that are obtained over the roof of the existing dwelling. In accordance with the planning principle established by the LEC, the value of existing views are considered to be low and view loss will be minor.

Image from rear of 35 Meehan Street.

 

It is noted that higher quality views would be obtained from a second storey level if development within the site were maximized. Water views that may be obtained from a first floor level of Little Bay are not expected to be impacted  by the proposed development.

 

 

Affected Property

·      Assessment of views to be affected

·      Part of property where views are obtained

·      Extent of the impact

37 Meehan Street.

 

Part one – part two storey detached dwelling.

 

Views of the Malabar Headland and distant water views are obtained over the rear and side boundary of the subject site and the ridge of the existing dwelling. This view is obtained from internal living areas and bedrooms at the rear of the property and a large east facing terrace. Generally, views are obtained from both sitting and standing positions, albeit standing positions offer better views. The proposed building is expected to block views of the headland and block approximately 50% of existing water views. In accordance with the planning principle established by the LEC, the value of existing views are considered to be low-moderate and view loss will be minor.

 

Image from southern side of rear terrace, 37 Meehan Street. Approximate extent of impact shown in red.

 

Image from eastern side of No 37 Meehan Street, first floor. Approximate extent of impact shown in red.

 

Reasonableness of the proposal

The fourth step of an assessment of the proposal against the Principles of View Sharing established by the Court in Tenacity Consulting v Warringah [2004] NSWLEC 140 is to consider the reasonableness of the proposal within the context of the relevant planning controls.

 

View loss as a result of the proposed development comes as a result of building height. While SEPP 1 objections have been lodged in relation to the external wall height development standard contained within the Randwick LEP 1998 (Consolidation), this is considered to be largely attributed to the sloping topography of the site and the definition of “external wall height”, which has been measured to the top of the clerestorey roof. Notwithstanding, the maximum building height does not exceed the applicable development standards and it is expected that a compliant development with a pitched roof could result in similar view loss impacts on No. 35 and 37 Meehan Street.  The SEPP 1 objections lodged in support of the proposed development are considered to be well founded and the proposal satisfies the objectives and performance requirements of the DCP Dwelling Houses and Attached Dual Occupancies, as outlined within the body of this report.

 

Overall, the proposal is considered to satisfy the Principles of View Sharing established by the LEC in Tenacity Consulting v Warringah [2004] NSWLEC 140 and view loss as a result of the proposed development reflects that expected as a result of reasonable development within the subject site.

 

5.3      Visual and Acoustic Privacy

East facing balconies are proposed at ground and first floor level. These balconies are accessed off bedrooms at ground floor and living areas at first floor and have been orientated to capitalise on views towards little bay. Amended plans have been submitted that include fin wall screening on the side elevations of the balconies at ground floor level and louvred privacy screens “sliding type” at first floor level. It is recommended that the privacy screens as shown on amended plans be fixed and not sliding. As amended and subject to recommended conditions, the proposed balconies will not readily provide direct lines of sight to internal or external private space associated with neighbouring properties. The rear roof terraces proposed as part of the original development have been deleted and a condition has been recommended to ensure this.

 

All windows on side elevations at ground floor level are located off bedrooms and rumpus rooms and have minimum sill heights of 1500mm. Windows associated with the proposed entrances will be installed with frosted glass. Windows on side elevations at first floor level are highlight windows. The proposed arrangement of fenestration is considered to offer good levels of privacy to adjoining dwellings.

 

West facing windows at first floor level are not considered to unreasonably compromise the privacy of neighbouring sites. The first floor has been designed to take advantage of available views to the east and the internal living area has been configured accordingly. The kitchen area is located to the west of the first floor, directly adjacent to the subject windows, and this is not expected to be an area where large groups of people will congregate. There is adequate separation between these windows and neighbours to the west. While a view of neighbouring sites rear private open space may be obtained from these windows, this aspect of the development is not considered to unreasonably compromise privacy.

 

Privacy impacts associated with the location of entrances adjacent to side boundaries have been adequately addressed through amended plans, which reduce the height of these entrances to sit at what is now approximately ground level. The movement of people along the side yards of the site to gain access to the proposed units or to access the rear yard is not considered to compromise the privacy of adjoining sites given that movements will be associated with the occupants of one individual unit only. Furthermore, the existing boundary fence will provide a reasonable level of privacy.

 

Acoustic impacts of the proposal are not expected to exceed those that would be expected from reasonable residential use of the site. 

 

5.4      Overshadowing

Due to the east-west orientation of the site, overshadowing of the southern neighbour, No. 1181, is an unavoidable consequence of development within the site. Given the site topography and the form of development proposed, overshadowing will not be unreasonable. Private open space to the neighbours site will receive solar access during the afternoon and east facing windows will receive solar access during the morning. Although north facing windows are likely to be overshadowed for the majority of the day (9am – 3pm, 21 June) this would be a likely consequence of a fully compliant development.

 

The footprint of the first floor level is reasonable and the length of the dwelling at first floor level is not excessive. The provision of greater side setbacks from the southern boundary would compromise the functionality of the first floor level and likely result in a longer building, which would have new overshadowing impacts. As the proposed building varies between two and three levels, the requirement of a 3m setback (in accordance with DCP preferred solutions) at first floor level is not considered necessary.

 

It is difficult to assess the impact of any future development within the site, however, it is expected that north facing windows of a first floor addition to No. 1181 Anzac Parade would receive reasonable levels of solar access, assuming that adequate setback was provided from the northern side boundary.

 

5.5      Asbestos Removal

Standard conditions have been recommended that require work involving the demolition, storage or disposal of asbestos products and materials to be carried out in accordance with the applicable standards and Council policies.

 

6.    Technical Officers Comments

 

The application has been referred to Councils development engineering department and the following comments in relation to engineering issues have been provided. Recommended conditions have been included in the recommendation section of this report.

 

General Comments

The amended plans include the reduction in the driveway opening to a width of 5.00m which now has the large steel plated Telstra Pit located outside the proposed Council vehicle crossing.

 

Landscape Comments by P O’Sullivan (photo on file)

Though the 3 rear yard trees are not significant species the he applicant is to retain those trees, in the rear yard, as shown on the submitted Landscape Planting Plan by Michael Siu dated 13/12/2011.

 

7.    Relevant Environmental Planning Instruments

 

7.1      Randwick Local Environmental Plan 1998 (Consolidation):

The proposed development is subject to the provisions of the RLEP. Particular consideration has been given to the clauses listed, which have been discussed in further detail, below:

 

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

·      Clause 40: Earthworks

 

Clause 10: Residential A Zone Objectives

The objectives of the Residential 2A Zone that relate to the proposed development seek to provide a low density residential environment; maintain the desirable attributes of the established residential area; to protect the amenity of existing residents; and to encourage housing affordability.

 

The proposal is considered to generally satisfy the objectives of the Residential 2A Zone. The proposal involves the construction of a new part 2-part 3 level attached dual occupancy which is permissible with Council consent. The effect of the proposal on the amenity of neighbouring sites, as discussed in the following sections of this report, is considered to be acceptable. The proposal will encourage housing affordability in so far as it will contribute to the availability and diversity available housing within the local area.

 

Part 2B: Principal Development Standards

Clause

Development Standard

Proposed

20B Minimum Allotment Size

The minimum allotment size for an attached dual occupancy within Zone No 2A is 450 square metres and the allotment must have a frontage of at least 15 metres.

 

Area: 557.9m2; Frontage: 15.24m

 

(complies).

20E Landscaped Area

Development must provide a minimum of 40% of the total site area as landscaped area.

 

Soft/deep soil landscaping must be no less than 50% of total landscaped area.

 

44% or 245.5m2 (complies)

 

 

 

No landscaping is located over basement or podium areas. Adequate deep soil landscaping is provided (complies).

 

20F Floor Space Ratio

The maximum floor space ratio for a building in the 2A zone is 0.5:1.

 

0.53:1 or 295.2m2

 

Does not comply. See SEPP1, above.

20G Building Heights

The maximum height for a building in the 2A zone is 9.5m measured vertically from any point at ground level.

 

The maximum height for any external wall for a building in the 2A zone is 7m

8.7 (complies).

 

 

 

 

8.47m.

 

Does not comply. See SEPP1, above.

 

Clause 40: Earthworks

The proposal involves earthworks up to 1.8m in depth to create the basement garage parking areas (RL30.4). Clause 40: Earthworks of the Randwick LEP states that when determining an application for consent to carry out earthworks the consent authority must consider the following:

 

Clause 40 Consideration

Comment

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

 

The proposal has been reviewed by Council’s development engineers and no issues have been identified in relation to drainage patterns or flooding.

 

Conditions have been recommended requiring dilapidation reports to be submitted in relation to retaining walls and dwellings on adjoining sites that sit within the zone of influence associated with proposed excavations.

 

Recommended conditions also require all excavations to 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 to prevent the movement of soil and to support the adjacent land and buildings where necessary.

 

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

 

The proposed earthworks are necessitated to create off street parking. The volume and nature of earthworks proposed are not likely to have any impact on the future use or development potential of the site.

 

 

7.2      Draft Randwick Local Environmental Plan 2012 (Draft LEP)

Draft Randwick Local Environmental Plan 2012 is a matter for consideration in the assessment of the subject development application under Section 79C of the Environmental Planning and Assessment Act 1979 (as amended).

 

The following table considers the proposed development having regard to the zoning provisions and development standards contained in draft LEP that are of relevance to the subject development application:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning:

R2 - Low Density Residential

Dual Occupancies are permitted within the Zone.

Dual Occupancy.

 

Yes

Floor Space Ratio (Maximum)

 

0.5:1

0.53:1

No, see SEPP1, above.

Height of Building (Maximum)

 

9.5m

8.1m

Yes

Lot Size (Minimum)

 

450m2

556.4m2

Yes

Earthworks

cl2.9 (3)(a)-(g)

Earthworks up to 1.8m in depth to create the basement garage parking areas (RL30.4)

Yes, as above. Furthermore, the likelihood of disturbing relics is considered to be low and the proposed earthworks will not disturb a watercourse, drinking water catchment or environmentally sensitive area.

 

 

7.3 Policy Controls: Dwelling Houses and Attached Dual Occupancies

The proposed development has been assessed against the DCP for Dwelling Houses and Attached Dual Occupancies and is considered to satisfy all of the relevant objectives and performance requirements. The DCP states that a proposal is deemed to satisfy the objectives and performance requirements of the DCP if it complies with the corresponding preferred solutions. Where the proposal does not satisfy the preferred Solutions of the DCP an assessment against the relevant objectives and performance requirements has been carried out, below.

 

Objectives

Comment

3.1 Solar Access and Energy Efficiency

·    To promote energy efficiency in the design, construction and use of housing;

·    To encourage the use of reusable, recyclable and renewable resources in construction;

·    To reduce energy costs in demolition, reconstruction and recycling by maximising the lifecycle of buildings;

·    To encourage the use of passive solar design;

·    To protect solar access enjoyed by neighbours.

 

The proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to solar access and energy efficiency for the following reasons:

·    A BASIX certificate has been obtained in relation to the proposed dwelling and relevant conditions have been recommended that require compliance with BASIX certificate recommendations.

·    Private open space associated with each unit will receive good solar access. On 21 June, front balconies will receive sunlight during morning and from midday onwards living areas to the rear will receive sunlight.

·    The proposed roof incorporates a clearstory, which will allow for solar access to internal living areas throughout the day.

·    Due to the east-west orientation of the site, overshadowing of the southern neighbour, No. 1181,  is an unavoidable consequence of development within the site.

·    Given the site topography and the form of development proposed, overshadowing will not be unreasonable. Private open space to the neighbours site will receive solar access during the afternoon and east facing windows will receive solar access during the morning. Although north facing windows are likely to be overshadowed for the majority of the day (9am – 3pm, 21 June) this would be a likely consequence of a fully compliant development.

·    The footprint of the first floor level is reasonable and the length of the dwelling at first floor level is not excessive. The provision of greater side setbacks from the southern boundary would possibly result in a longer building, which would have new overshadowing impacts.

3.2 Water Management

·    To control stormwater quality and quantity and eliminate discharge impacts on adjoining properties;

·    To ensure cost-effectiveness in the provision and maintenance of stormwater drainage works;

·    To reduce pressure on new housing development on domestic water supplies;

·    To ensure that building and landscaping design incorporate techniques for conserving mains water;

·    To encourage rainwater storage for domestic use reducing run off.

 

The proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to water management for the following reasons:

·    A BASIX certificate has been obtained in relation to the proposed additions and relevant conditions have been recommended that require compliance with BASIX certificate requirements.

·    Standard conditions have been recommended by Council’s engineer in relation to stormwater drainage.

 

4.1 Landscaping and Open Space

·    To retain and enhance existing significant trees and vegetation;

·    To provide dwellings with useable outdoor recreation space;

·    To improve  stormwater management, the appearance, amenity, and energy efficiency of; and

·    To preserve and enhance native wildlife populations through the planting of appropriate native species.

The proposal provides in excess of 180m2 (32%) soft landscaping, 245.58m2 (44%) total landscaped area and well in excess of 25m2 usable private open space and is considered to satisfy the objectives and performance requirements of the DCP in relation to landscaping and open space.

 

4.2 Floor Area

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

 

The proposal has 295.2m2 gross floor area and a floor space ratio of 0.53:1. The proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to floor area for the reasons outlined in the SEPP1 objection in relation to cl20F of the Randwick LEP 1998, above.

4.3 Height, Form and Materials

·    To ensure that the height and scale of buildings relate to the topography of the site with minimal cut and fill;

·    To ensure that developments are not excessive in height and compatible with the existing character of the locality;

·    To ensure buildings preserve privacy and natural light access to neighbouring dwellings and allow for a sharing of views;

·    To ensure additions do not detract from the individual character and appearance of the existing dwelling; and

·    To ensure that buildings enhance the predominant neighbourhood and street character.  

 

The maximum external wall height associated with the dwelling is 8.47 m from natural ground level at it’s highest point and there are no buildings to the rear of the site. Notwith-standing, the proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to height, form and materials for the following reasons:

·    The proposed development is not considered to have any unreasonable impacts on immediately adjoining neighbours in relation to overshadowing or view loss as discussed within the body of this report.

·    Excavation is proposed to a depth of 1.8m to create the basement garage parking areas.  No excavation is proposed within 900mm of a side boundary or within 3m of the rear boundary.

·    The height of the proposed dwelling is considered to be compatible with the scale of the surrounding area for the reasons outlined in the SEPP1 objection in relation to cl20G of the Randwick LEP 1998, above.

4.4 Building Setbacks

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

·    To ensure dwellings have adequate access to natural daylight and fresh air; and

·    To maintain and enhance establish trees and vegetation

 

The proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to building setbacks for the for the following reasons:

·    The front setback of the dwelling is 6-6.2m

·    Side setbacks at ground floor level are a minimum of 900mm.

·    Side setbacks of the dwelling at parts that exceed one level in height are 1400mm at their closest point (south side boundary) and increase to 1600mm due to the tapering boundary alignment. 

·    That part of the dwelling that exceeds 2 levels in height (i.e. 2 ½ levels) is most prevalent to the front of the building where the topography of the site falls away. Side setbacks at this point are a minimum of 1500mm. Given the width of the site, 3m setbacks from side boundaries are not considered appropriate.

·    Impacts on neighbours in relation to overshadowing, visual bulk or ventilation at this point is considered to be acceptable.

·    Setbacks proposed are consistent with recent part 2 – part 3 storey development to the south of the site and the proposed setbacks will not detract from the visual amenity of the streetscape.

·    The proposal does not involve the removal of any significant trees or vegetation.

4.5 Visual and Acoustic Privacy

·    To ensure that new buildings and additions meet occupants and neighbours requirements for visual and acoustic privacy.

 

The proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to visual and acoustic privacy for the following reasons:

·    East facing balconies are proposed at ground and first floor level. These balconies are accessed off bedrooms at ground floor and living areas at first floor and have been orientated to capitalise on views towards little bay. Fin wall screening on the side elevations of the balconies at ground floor level and louvred privacy screens “sliding type” at first floor level are provided. It is recommended that the privacy screens as shown on amended plans be fixed and not sliding.

·    Subject to conditions, the proposed balconies will not readily provide direct lines of sight to internal or external private space associated with neighbouring properties.

·    All windows on side elevations at ground floor level are located off bedrooms and rumpus rooms and have minimum sill heights of 1500mm.

·    Windows associated with the proposed entrances will be installed with frosted glass. Windows on side elevations at first floor level are highlight windows.

·    West facing windows at first floor level are not considered to unreasonably compromise the privacy of neighbouring sites.

·    There is adequate separation between rear windows and neighbours to the west. While a view of neighbouring sites rear private open space may be obtained from these windows, this aspect of the development is not considered to unreasonably compromise privacy.

·    The movement of people along the side yards of the site to gain access to the proposed units or to access the rear yard is not considered to compromise the privacy of adjoining sites given that movements will be associated with the occupants of one individual unit only. Furthermore, existing boundary fence will provide a reasonable level of privacy.

·    Acoustic impacts of the proposal are not expected to exceed those that would be expected from reasonable residential use of the site. 

·    Conditions are recommended to ensure compliance with the Building Code of Australia.

4.6 Safety and Security

·    To ensure a safe physical environment by promoting crime prevention through design;

·    To ensure the security of residents and visitors and their property and enhance the perception of community safety.

 

The proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to safety and security for the following reasons:

·    The proposed dwelling has windows and balconies orientated to the street.

·    Front entrances are not located directly fronting the street. Notwithstanding, a line of site from the street along the full length of the pedestrian entrance to the property will be available from the street and a reasonable level of security will be maintained for residents.

4.7 Garages and Carports

·    To ensure that on-site car parking and driveways are not visually obtrusive or detract from the appearance of dwellings or the streetscape; and,

·    To provide convenient and safe car parking

 

Garage doors will occupy 65% of the site width. Notwithstanding, the proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to garages and carports for the following reasons:

·    The provision of two double garages at ground floor level is consistent with recent approvals to the south of the site. Accordingly, the existing streetscape character will not be unreasonably compromised.

·    The proposed garages are slightly recessed below the ground floor terrace/front building line which will reduce their visual prominence.

·    The width of the vehicle crossing at the boundary is 5m however landscaping has been incorporated within the front boundary of the site to soften the visual appearance of garage/parking structures. 

·    Proposed grades have been assessed by Council’s development engineer and, where necessary, conditions have been recommended.

·    The site has no rear lane access and there is not sufficient width to provide access to parking at the rear.

4.8 Fences

·    To ensure that front fencing is integrated with the streetscape and continues positively to street character;

·    To ensure that front fencing is integrated with landscape and dwelling design; and,

·    To ensure adequate privacy, amenity, safety and security for occupants of new and existing dwellings.

No front fencing is proposed.

7.4 Policy Controls: Parking

Each proposed unit is provided with a double garage. The proposed development satisfies the parking requirements of the DCP: Parking.

 

7.5  Randwick Section 94A Development Contributions Plan

The Section 94A Development Contributions Plan, effective from 2 July 2007, is applicable 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

$1,599,180.00

1.0%

$15,991.80

 

8.        Section 79C Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

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

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

Not applicable

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

The proposal generally satisfies the preferred solutions in the DCP Dwelling Houses and Attached Dual Occupancies, except where discussed in the key issues section of this report.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

The site is located in close proximity to local services and public transport. The site has sufficient area to accommodate the proposed land use and associated structures. Therefore, the site is considered suitable for the proposed development.

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

 

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

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

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

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:               Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal complies with the relevant assessment criteria and will not result in any unreasonable adverse impacts upon either the amenity of the adjoining premises or the character of the locality

 

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

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20F and 20G of Randwick Local Environmental Plan 1998, relating to Floor space ratio and Building height respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 994/2011 for demolition of existing structures and construction of a part two - part three storey attached dual occupancy with garages and associated works at 1179 Anzac Parade, Matraville, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Rev.

Drawn by

Stamped

DA01

F

Teknicon Design

22 May 2012

DA02

F

Teknicon Design

22 May 2012

DA03

F

Teknicon Design

22 May 2012

DA04

F

Teknicon Design

22 May 2012

DA05

 

Teknicon Design

22 May 2012

 

BASIX Certificate

No.

Dated

1179 Anzac Parade Matraville

407165M

05 December 2011

 

Amendment of Plans & Documentation

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

 

a.   The privacy screens shown in relation to the front balcony at first floor level shall be fixed in the position shown on the approved plans. The privacy screens must be constructed of metal or timber and the total area of any openings within the privacy screens must not exceed 25% of the area of the screen.  Alternatively, the privacy screens may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

3.       The roof above the ground floor of the dwelling at the rear must be constructed so as to be non-trafficable. No balustrades may be provided in relation to this area and any reference to balustrades made on the approved plans must be deleted.

 

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

4.       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

5.       The colours, materials and finishes of the external surfaces to the building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Manager Development Assessments prior to issuing a construction certificate for the development.

 

Section 94A Development Contributions

6.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,599,180.00, the following applicable monetary levy must be paid to Council: $15,991.80.

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposits

8.       The following 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:

 

·           $2000.00    -      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.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia

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

 

Smoke Alarms

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

 

BASIX Requirements

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

 

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

 

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

 

Design Alignment levels

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

 

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

 

13.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $701.00 calculated at $46.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

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

 

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

16.     The site stormwater drainage system is to be provided in accordance with the following requirements;

 

a)     The stormwater drainage system must be provided in accordance with the relevant requirements of the Building Code of Australia and the conditions of this consent, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate.

 

b)     The stormwater must be discharged (by gravity) either:

 

i.     Directly to the kerb and gutter or drainage system located at the front of the subject site in Anzac Parade; or

 

ii.    To a suitably designed infiltration system (subject to confirmation in a geotechnical investigation that the ground conditions are suitable for the infiltration system)

 

c)     Should stormwater be discharged to Council’s street drainage system, an on-site stormwater detention system must be provided to ensure that the maximum discharge from the site does not exceed that which would occur during a 1 in 5 year storm of one hour duration for existing site conditions. All other stormwater run-off from the site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the street drainage system, to the satisfaction of the certifying authority.

 

An overland escape route or overflow system (to Council’s street drainage system) must be provided for storms having an average recurrence interval of 100 years (1 in 100 year storm), or, alternatively the stormwater detention system is to be provided to accommodate the 1 in 100 year storm.

 

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

 

Should no formal overland escape route be provided for storms greater than the 1 in 20 design storm, the infiltration system shall be sized for the 1 in 100 year storm event.

 

e)     Determination of the required cumulative storage (in the on-site detention and/or infiltration system) must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible any detention tanks should have an open base to infiltrate stormwater into the ground. Infiltration should not be used if ground water and/or any rock stratum is within 2.0 metres of the base of the tank.

 

f)     If connecting to Council’s underground drainage system, a reflux valve shall be provided (within the site) over the pipeline discharging from the site to ensure that stormwater from Council drainage system does not surcharge back into the site stormwater system.

 

g)     Any new kerb inlet pits (constructed within Council’s road reserve) are to be constructed generally in accordance with Council’s standard detail for the design of kerb inlet pits (drawing number SD6 which is available from Council).

 

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

 

i)      A sediment/silt arrestor pit must be provided within the site near the street boundary prior to discharge of the stormwater to Council’s drainage system and prior to discharging the stormwater to any absorption/infiltration system.

 

Sediment/silt arrestor pits are to be constructed generally in accordance with the following requirements:

 

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

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

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

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

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

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

·         Provision of a sign adjacent to the pit stating, “This sediment/silt arrester pit shall be regularly inspected and cleaned”.

 

j)     The floor level of all habitable, retail, commercial and storage areas located adjacent to any detention and/or infiltration systems with above ground storage must be a minimum of 300mm above the maximum water level for the design storm or alternately a permanent 300mm high water proof barrier is to be provided.

 

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

 

k)     Infiltration systems/Absorption Trenches must be designed and constructed generally in accordance with "Section 8.5 ABSORPTION TRENCHES" of Randwick City Council's Private Stormwater Code.

 

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

 

i.     150mm in uncovered open car parking areas (with an isolated maximum depth of 200mm permissible at the low point pit within the detention area)

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

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

iv.   1200mm in landscaped areas where a safety fence is provided around the outside of the detention area

v.    Above ground stormwater detention areas must be suitably signposted where required, warning people of the maximum flood level.

 

Note: Above ground storage of stormwater is not permitted within basement car parks or store rooms.

 

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

 

n)     A ‘V’ drain (or equally effective provisions) are to be provided to the perimeter of the property, where necessary, to direct all stormwater to the detention/infiltration area.

 

o)     The site stormwater system must be regularly cleaned and maintained to ensure it operates as required by the design.

 

p)     Mulch or bark is not to be used in on-site detention areas.

 

q)     Seepage waters are required to be drained and disposed of within the site and are not to be drained into Council’s stormwater drainage system.

 

Site discharge pipelines shall cross the verge at an angle no less than 45 degrees to the kerb line.

 

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

17.     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

18.     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

19.     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

20.     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

21.     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

22.     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

23.     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

24.     A Demolition and Construction Waste Management Plan (WMP) must be developed 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.

 

Sydney Water

25.     A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. 

 

Application for a Section 73 Certificate must be made through an authorised Water Servicing Co-ordinator. For details, please refer to the “Your Business” section of Sydney Water’s web site www.sydneywater.com.au then refer to “Water Servicing Coordinator” under Developing Your Land” or telephone 13 20 92.

 

Following the application, a “Notice of Requirements” will be provided, detailing water and sewer extensions to be built and charges to be paid.  Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

The Section 73 Compliance Certificate is required to be obtained before an occupation certificate is issued.

 

26.     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.

 

Public Utilities

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

 

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

 

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

 

Landscaping

28.     The PCA must ensure that landscaping at this site is installed substantially in accordance with the Landscape Planting Plan by Michael Siu, drawing number L01/1-R16816, and dated 13 Dec 2011, 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.

 

 

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

29.     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

30.     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

31.     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

32.     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

33.     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

34.     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

35.     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

36.     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.

 

37.     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.

 

38.     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

39.     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

40.     There must be no encroachment of any structures or building work onto Council’s road reserve, footway, nature strip or public place.

 

Site Amenities

41.     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

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

 

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

 

            Drainage

43.     Adequate provisions must be made to collect and discharge stormwater drainage during construction of the building to the satisfaction of the principal certifying authority.

 

The prior written approval of Council must be obtained to connect or discharge site stormwater to Council’s stormwater drainage system or street gutter.

 

Tree Management

44.     The applicant is to retain and protect those trees, in the rear yard, as shown on the submitted Landscape Planting Plan by Michael Siu dated 13/12/2011.

 

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

45.     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

46.     In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an Occupation Certificate for this development, unless it is satisfied that each of the required BASIX commitments have been fulfilled.

 

Relevant documentary evidence of compliance with the BASIX commitments is to be forwarded to the Council upon issuing an Occupation Certificate.

 

Occupant Safety

47.     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

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

a)  Construct concrete vehicular crossing/s and layback/s at kerb opposite the vehicular entrance to the site to council’s Technical services requirements.

b)  Remove the redundant concrete vehicular crossing and layback and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

 

49.     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.

 

50.     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.

 

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

 

Service Authorities

51.     The Section 73 Compliance Certificate must be submitted to the Principal Certifying Authority prior to issuing an Occupation Certificate or Subdivision Certificate (whichever the sooner).

 

Stormwater Drainage

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

Notes:

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

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

 

53.     Upon completion of the works and prior to the issuing of an Occupation Certificate, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced hydraulic consultant/engineer must be forwarded to the Principal Certifying Authority and the Council. The works-as-executed plan must include the following details (as applicable):

 

·      The location of any detention basin/s with finished surface levels;

·      Finished site contours at 0.2 metre intervals;

·      Volume of storage available in any detention areas;

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

·      The orifice size/s (if applicable);

·      Details of any infiltration/absorption systems; and

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

 

54.     Prior to the issuing of an Occupation Certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer, which confirms that the design and construction of the stormwater drainage system complies with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and conditions of this development consent. 

 

The certification must be provided following inspection/s of the site stormwater drainage system by the Hydraulic Engineers to the satisfaction of the PCA.

 

Landscaping

55.     The landscaping shall be installed in accordance with the approved plans and specifications prior to occupation of the development and the landscaping must be maintained in accordance with the approved plans and specifications.

 

Certification is to be obtained from a suitably qualified Landscape Architect and submitted to the Principal Certifying Authority (PCA) (and Council, if Council is not the PCA) prior to the occupation of the development, which confirms that the landscaping works have been completed in accordance with the approved landscaping plans and relevant conditions of development consent, to the satisfaction of the PCA.

 

Waste Management

56.     Prior to the occupation of the development, the owner or applicant is required to contact Council’s City Services department, to make the necessary arrangements for the provision of waste services for the additional premises.

 

OPERATIONAL CONDITIONS

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

 

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

 

External Lighting

57.     External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

Use of premises

58.     The premises is to be used as a single residential dwelling only at all times and must not be used for dual or multi-occupancy purposes.

 

Street Numbering

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

 

Waste Management

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

 

Protection of the Environment Operations Act 1997 – Air Conditioners

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

 

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

Air Conditioning & Equipment

62.     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

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

 

Protection of the Environment Operations Act 1997 – Rainwater Tanks

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

 

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

 

Rainwater Tank Requirements

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

 

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

 

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

 

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

 

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

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

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

 

A1      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.

 

A2      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.

 

A3      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.

 

A4      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.

 

A5      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.

 

A6      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

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

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

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

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

 

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

 

A7      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.

 

A8      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                 10 July 2012

 

 

Development Application Report No. D69/12

 

 

Subject:                  Unit 17/90-96 Beach Street, Coogee (DA/313/2012)

Folder No:                   DA/313/2012

Author:                   Adrian McKeown, Environmental Planning Assessment Officer     

 

Proposal:                     Enclosure of a rear balcony at Penthouse 17

Ward:                      North Ward

Applicant:                Todd Clarke

Owner:                         SP70357   

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.    Executive Summary

 

The application is referred to the Planning Committee for determination as the proposed development exceeds the floor space ratio standard under Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation) by more than 10%. The applicant submitted an amended SEPP1 Objection to Council on 28 June 2012.

 

The proposal is for the enclosure of the rear balcony of Unit 17. Glazing is proposed to the northern, western and southern ends of the balcony.  No submissions were received regarding the application. 

 

The main issues are the impact of the proposal on the locality with regard to perceived bulk and scale, and that the enclosure of balconies to multi-unit dwellings is discouraged by the Multi-Unit Housing DCP.

 

The application is recommended for approval.

 

2.    The Proposal

 

The proposal is to enclose an existing balcony to the rear of penthouse unit No. 17. Glazing is proposed to the northern, western and southern ends of the balcony. The proposed works are identical to an enclosed balcony to unit 16 which was approved by Council under DA/11/2011 (see Figure 1 below). 

 

The balconies overlook (and are overlooked by) a steeply sloping landscaped area only. The enclosure of the balcony will extend the existing internal dimensions of unit No. 17 towards the west.

 

Figure 1:  Existing enclosed balcony at unit 16.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the Western side of Beach Street, has a frontage of 52.4m, a depth of 54.3m and a site area of 2,739 square metres. The site falls towards Beach Street from the rear.  The locality is residential in nature, consisting primarily of three storey residential flat buildings.  

 

 

Figure 2: Aerial photo of the subject site.

 

Figure 3: The existing balcony (left of picture) beneath pergola. Proposed to be enclosed.

Figure 4: Existing balcony as viewed from within the subject unit.

 

 

 

 

Figure 5: Existing balcony – facing north.

Figure 6: Existing balcony as viewed from the south of the site.

 

 

 

 

 

4.    Site History

 

Pathways application history

Application

Description

DA/11/2011

Approved for the enclosure of the rear balcony of Unit 16 (SEPP1 objection to floor space ratio control).

DA/215/2004

Withdrawn for the installation of a portable spa located in the terrace of Unit 5.

DA/350/2003

Approved for the strata subdivision of the multi unit development into 17 lots and common property.

DA/825/2000

Approved to demolish all existing buildings and to erect a three storey residential flat building with 17 x 3 bedroom units and basement level car parking for 39 vehicles.

 

5.    Community Consultation

 

In accordance with the DCP – Notification, the proposal was notified to neighbouring dwellings. No submissions were received regarding the application. 

 

6.    Technical Officers Comments

 

The application was not required to be referred to other relevant technical officers within Council.

 

7.    Master Planning Requirements

 

No master planning requirements apply to the site.

 

8.    Relevant Environmental Planning Instruments

 

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

 

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

The proposal seeks to vary a development standard contained within RLEP 1998. A SEPP 1 objection was submitted to Council on 28 June 2012.

 

Pursuant to Clause 20F of the Randwick Local Environmental Plan 1998, the maximum floor space ratio for development, other than for the purpose of a dwelling house on land zoned 2B Residential is 0.65:1. The proposed variation is summarized in the table below:

 

 

Floor Space Ratio

Proposal

1.36:1 - An additional 9.8m2 of gross floor area is proposed.

LEP development standard

0.65:1

 

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 FSR standard as outlined in the LEP is:

 

To operate together with controls for building height 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 a written SEPP 1 objection, which outlines the following justifications for the variation to the standard:

 

-    The requirements of RLEP 1998 (Consolidated) are unnecessary as there will be no significant change to the planning standards under Clauses 20F (FSR), 20G (Building height) or 20E (Landscape Area);

 

-    The area to be enclosed has a solid balcony wall 1m high and a timber raftered pergola above. The alterations and additions to include windows between the top of the existing wall and the underside of the framing and a roof does significantly not alter the building bulk or height and there will be no change to the building footprint;

 

-    Enclosure of the rear third floor balcony will not alter the pattern of sun penetration to neighbouring units. As there will be no change to the hard surface area, there will be no change to the soft landscaped area and no change to the existing storm water;

 

-    There will be direct benefits of increased visual and audio privacy to Units 2, 3, 4, 5 and 6, which have their principle outdoor space to the rear of the building. Similarly, Units 8, 9, 10, 11 and 12, which have balconies below Unit 17, will also experience increased privacy levels;

 

-    Unit 17 is one of only two penthouse units able to enclose the rear balcony. The other, Unit 16, has already enclosed their balcony under a previous DA application. Approval of the enclosure of Unit 17’s rear balcony will match the adjoining enclosed balcony of Unit 16;

 

-    Approval of the enclosed rear balcony will not provide a precedent for other balconies in the building as this configuration is only available Units 16 & 17. There will be no impact upon the existing character of the area. The balcony is to the rear of the building and is not able to be seen from the public domain as Beach Lane does not extend to Arcadia St; and

 

-    Although the enclosure of the rear will reduce the available outdoor area to Unit 17, the unit has a very large east-facing balcony of 67sqm. This larger balcony occupies the primary position in terms of view, outlook, sun and has a direct relationship to principle living spaces.  The subject rear balcony is narrow (1.5m wide), faces west, is overlooked by units to Beach Lane and is accessed through Bedrooms 2 and 3. In contrast, the front balcony is private, easily accessible, has generous dimensions approx 3.6m x 18.5m; and includes planting and maximizes the north-eastern aspect. It is able to be accessed by all occupants of the unit and offers both sheltered and open outdoor living with sweeping views over Coogee Beach.

It is considered that the proposal is satisfactory and compliance with the development standard is unreasonable and unnecessary based on the following reasons:

 

-    The development standard is intended to provide medium density development in the locality and it is considered that the proposed works will be consistent with this objective;

 

-    The proposal includes an increase to gross floor area of 9.8m2 only and will not add unreasonably to the bulk of the rear of the building, as viewed from neighbouring dwellings and from the small rear courtyards of the ground floor residential units;

 

-    The proposal will be identical to an existing enclosed balcony to unit No. 16 and will ensure that the multi-unit dwellings are visually balanced as viewed from the rear of the site. An architectural statement has been provided with the application which justifies the proposal (see below);

 

-    An existing pergola which is painted dark blue is proposed to be enclosed. It is noted that the residents of the units continue to enjoy expansive east-facing balconies and is it is considered that the enclosure of the small rear-facing balconies will not result in the residents of the subject unit being left with an unreasonably reduced area of private opens space;

 

-    The proposal will not impose an undesirable precedent for the enclosure of remaining east-facing balconies for the multi-unit dwelling complex. The subject balcony enclosure is to the rear of the site and it is noted that the only other west-facing balcony for Unit 16 has already been enclosed (see Figure 6 above); and

 

-    The development will provide additional internal floor space for the occupants of the unit whilst not imposing any additional unreasonable impacts on the owners of adjoining residences with regard to perceived bulk and scale, overshadowing, maximum external wall height or privacy.

 

 

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

 

Matter 2

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

 

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

 

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

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

 

·      Comments:

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

 

The proposal is also consistent with the relevant objectives of the Residential 2B Zone in that it will allow development which is ancillary to the present use of the site as a residential flat building, which is consistent with the desired character of the locality.

 

Matter 3

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

 

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

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

 

·      Comment:

The proposed development and variation from the development standards do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not allow the best economic use of the site.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the proposed new balcony enclosure will achieve the objectives of the development standard.

Second

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

 

Comments:

The underlying objective or purpose of the standard is relevant to the subject development.

 

Third

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

 

Comments:

The underlying objective of the standards would not be defeated or thwarted as full compliance in this instance is unreasonable.

 

Fourth

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

 

Comments:

The floor space ratio 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 B zoning is not considered to be inappropriate for the locality.

 

8.2             Randwick Local Environmental Plan 1998 (Consolidation)

The following clauses of the Randwick Local Environmental Plan 1998 (Consolidation) are applicable to the development:

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

The site is zoned 2B Residential under the Randwick Local Environmental Plan 1998 (Consolidation) and the proposal is permissible with Council's consent.  The proposal is consistent with the aims of RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will:

·      Provide for a low to medium density residential environment;

·      Maintain the desirable attributes of established residential areas; and

·      Protect the amenity of existing residents.

 

Clause 20E   Landscaped area

Development, otherwise than for the purpose of a dwelling house, within Zone No 2B must provide a minimum of 50% of the total site area as landscaped area. As the definition of landscaped area does not include balconies, the proposed enclosure of the existing balcony will not further reduce the existing landscaped provision on the site. It is also noted that the enclosure of the balcony will not remove all of the private open space for the penthouse unit. There are expansive east-facing balconies which will remain in place.

 

Clause 20F   Floor space ratios

The maximum floor space ratios for buildings, other than buildings erected for the purpose of a dwelling house, within the 2B (Residential B Zone) is 0.65:1. The proposal will not increase the existing floor space ratio from (1.36:1) however will increase the gross floor area of the development by 9.8m2. The applicant submitted a SEPP 1 Objection relating to floor space ratio with the application – see further discussion above - Part 8.1.

 

Clause 20G   Building heights

The maximum height for a building, other than a dwelling house, within Zone No 2B is 9.5 metres measured vertically from any point on ground level. The proposal will not further increase the existing maximum building height and complies with the Clause.

 

Clause 43 – Heritage conservation

The subject site is opposite a heritage item known as 29 Arcadia Street, Coogee.  The proposed works are not readily visible from any other property or from the streetscape and will therefore not have any impact on the principal heritage values of the heritage item.

 

8.3      Draft Randwick Local Environmental Plan 2012 (Draft LEP)

Draft Randwick Local Environmental Plan 2012 is a matter for consideration in the assessment of the subject development application under Section 79C of the Environmental Planning and Assessment Act 1979 (as amended).

 

The following table considers the proposed development having regard to the zoning provisions and development standards contained in draft LEP that are of relevance to the subject development application:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning:  2B

 

Is development permitted under zoning? Yes

R3

Addition to existing multi-unit dwelling

Yes

Floor Space Ratio (Maximum): 0.65:1

0.75:1

1.36:1

No – See further discussion above  - Part 8.1.

Height of Building (Maximum) 9.5M

9.5m

The proposal will not further increase the existing maximum building height

N/A

Lot Size (Minimum)

N/A

N/A

N/A

Heritage:

·    Draft Heritage Item

·    Draft Heritage Conservation Area

·    In vicinity of draft item or area

In vicinity of draft item or area

In vicinity of draft item or area

See further discussion below - Part 8.2.

 

8.4 Policy Controls

 

8.4.1          Development Control Plan – Multi Unit Housing

 

Issue Comment

 

Issue Comment

Setbacks

 

There are no proposed changes to the approved setbacks for the development.

 

Height 

 

There are no proposed changes to the approved height of the development.

 

Landscaping & Open Space 

 

 

 

The proposed development consists only of the enclosure of an existing balcony and will not affect the landscaped provision on the site.

 

It is also noted that the enclosure of the balcony will not remove all of the private open space for the penthouse unit. There are expansive east-facing balconies which will remain in place.

 

Privacy

 

The proposal does not affect current levels of privacy to the locality due to the proposed structure being located within an existing balcony area. The proposal will not result in any significant loss of privacy with regard to the private open spaces to neighbouring dwellings.

 

View sharing

 

The proposed amendments to the approved plans do not impose any additional bulk to the approved multi-unit dwelling which may impede existing views across the locality.

 

Solar Access & Energy Efficiency   

 

 

The proposed development should not result in any additional unreasonable impact on neighbouring dwellings with regard to overshadowing of private open spaces, north-facing living areas or potential solar collection areas.

 

Piecemeal enclosure of balconies to multi-unit dwellings discouraged

Council’s DCP includes a statement that the piecemeal enclosure of balconies on buildings, in particular where a precedent on existing buildings does not exist, is strongly discouraged.  The proposal is nevertheless supported for the following reasons:

 

·    The existing balcony is to the rear of the subject site and overlooks (and is overlooked by) a landscaped area only;

·    Proposed materials and colours are sympathetic to the existing materials on the western façade of the subject building; 

·    The proposed enclosure of the balcony will be identical to an existing enclosed unit to unit 16 and will not set an undesirable precedent for similar developments in the vicinity of the subject unit; and

·    The orientation of the balconies to the rear of the residential flat building will ensure that any approval of the application would not set a precedent for the enclosure of balconies to the Beach Street and Arcadia Street frontages. There are only 2 rear-facing balconies on the site and the only other (unit 16) has already been enclosed.

 

8.5    Council Policies
There are no polices applicable to the application.

 

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.

 

9.1    The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality:

The proposed addition to the existing dual occupancy is not considered to result in unreasonable environmental impacts on the neighbouring properties and the surrounding built environment.

 

A.      Privacy

As discussed above, the development will not result in any adverse privacy impacts on neighbouring properties.

 

B.      Perceived bulk and scale

The proposed alterations will not unreasonably affect the perceived bulk and scale of the development as viewed from neighbouring properties and from the surrounding streetscapes. Further, approving the proposed development would not set an undesirable precedent.

 

9.2    The suitability of the site for the development:

For the reasons discussed above, the development is assessed as being suitable development for the site. The proposed development would materially increase the existing building envelope however would result in a development which is suitable for the site. 

 

9.3    The public interest.

Should approval be granted for the proposal, it is considered that no unreasonable adverse impacts on surrounding properties and the locality would result. The proposed development is considered to be in the public interest and approval is recommended.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:         Excellence in urban design and development.

Direction 4A:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal does not comply with a relevant development standard of the RLEP 1998 (Consolidation) however support is recommended for a SEPP 1 Objection. The proposal is consistent with the objectives and performance requirements of the Multi-Unit Housing DCP and if approved, would not result in unreasonable and significant adverse impacts upon the amenity of the adjoining premises and the character of the locality; and would not set an undesirable precedent for the locality.

 

Recommendation

 

A.     That Council support the objection under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clause 20F of the Randwick Local Environmental Plan 1988 (Consolidation), relating to Floor Space Ratio, on the grounds that the proposed development is consistent with the objective of the clause and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/313/2012 for the enclosure of a rear balcony at Penthouse 17, 90-96 Beach Street, Coogee, subject to the following conditions:

 

The following conditions are applied to satisfy the provisions of section 79C of the Environmental Planning & Assessment Act 1979 and to maintain reasonable levels of environmental amenity:

1.       The development must be implemented substantially in accordance with the plans numbered DA.01 (Issue A) through to DA.03 (Issue A), dated 27 March 2012 and received by Council on 15 May 2012, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.       The external materials, colours and finishes of the balcony enclosure are required to match, as closely as possible, the existing enclosed balcony to Unit No. 16.  Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by the Certifying Authority] prior to issuing a construction certificate for the development.

 

3.       Metal roof sheeting (if applicable) is to be pre-painted (e.g. colourbond).

 

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

 

Options may include one or more of the following measures:

 

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

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

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

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

v)       Other appropriate effective safety measures or barrier.

 

The following condition is imposed to satisfy relevant requirements of the Sydney Water Corporation.

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

 

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

 

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

 

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

 

The following conditions are imposed to promote ecologically sustainable development and energy efficiency.

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

 

Details of compliance with the requirements for insulation are to be included in the construction certificate application.

 

The following group of conditions have been applied to ensure that adequate drainage is provided from the premises and to maintain adequate levels of health and amenity in the locality:

7.       Surface water/stormwater must be drained and discharged to the street gutter or suitably designed absorption pit, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate application for the development.

 

If required, absorption pits must be located not less than 3m from any adjoining premises and the stormwater must not be directed or flow onto any adjoining premises or cause a nuisance.

 

Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

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

 

Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

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

 

10.     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 building works.

 

11.     The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), 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).

 

12.     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; and

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

 

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

 

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

 

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

 

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

 

15.     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 requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

The following conditions are applied to ensure that the development satisfies relevant standards of construction, and to maintain adequate levels of health, safety and amenity during construction:

16.     A Certificate of Adequacy must be supplied by a professional engineer, to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development. The Certificate of Adequacy shall address the structural adequacy of the existing balcony to support the proposed balcony enclosure.

 

17.     The proposed works and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment & Climate Change (formerly EPA) and Randwick City Council policies, including:

 

·          Occupational Health and Safety Act 2000 & Regulations

·          WorkCover NSW Guidelines & 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 DECC/EPA Guidelines

·          Randwick City Council Asbestos Policy (adopted 13 September 2005)

 

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

 

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

 

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

·          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 such works.

 

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

 

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

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Additional requirements for all development, except for single residential dwellings

·   Saturdays and Sundays before or after a public holiday - No work permitted

 

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

 

20.     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, is required to be developed and 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 site works.

 

The Construction Noise Management Plan is to be prepared in accordance with the relevant provisions of the DECC Construction Noise Guideline.

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management details.

 

The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity to the satisfaction of Council. 

 

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

 

The sediment and erosion control measures are to be in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to the satisfaction of Council and details are to be provided in the Construction Site Management Plan. 

 

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

 

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

 

b)     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.

 

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

 

d)     Any part of Council’s road, footway or nature strip which is damaged as a result of the work must be repaired or replaced to Council’s satisfaction.

 

ADVISORY MATTERS:

A1    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.

 

Failure to comply with these important requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million under the Environmental Planning & Assessment Act 1979.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.

 

A2      A local approval application must be submitted to and be approved by Council's Building Services section 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 (greater than 3m in length) or any container or other article.

 

A3      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.

 

A4      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.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                 10 July 2012

 

 

Development Application Report No. D70/12

 

 

Subject:                  9-11 Beaumond Avenue, Maroubra (DA/819/1998/A)

Folder No:                   DA/819/1998/A

Author:                   Chahrazad  Rahe, Assessment Planner     

 

Proposal:                     Section 96 application to modify the consent by replacing all existing and damaged privacy screens, timber pergola and balustrade, removal of planter boxes to the rear of units 9 and 10 including roof terrace, extend balcony to unit 9, increase the size of the window on north-east elevation and change of approved colour scheme and external finishes

 

Ward:                      Central Ward

Applicant:                V J Ray on behalf of SP63430

Owner:                         Strata Plan No. 63430

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The subject Section 96 application is referred to the Planning Committee as the original development application was determined by Council.

 

The current application was approved on 1 December 1998 for the construction and strata subdivision of a 3 storey multi-unit housing development comprising of 10 dwellings and basement parking for 15 vehicles.  Of relevance to this application are conditions numbered 2, 3, 58, 60 & 62, which relate to the provision of providing privacy screens & planter boxes to the proposed balconies to minimise potential privacy impacts the development may have on adjoining properties.

 

This Section 96 application involves changes to the approved development application DA/819/1998, to modify the consent by replacing all existing and damaged privacy screens, timber pergola and balustrades, removal of planter boxes to the rear of units 9 and 10 including roof terrace, extend balcony to unit 9, increase the size of the window on he north-east elevation and changes to the approved colour scheme and external finishes.

 

The application was notified and adversities in the local paper from the 4 April 2012 to 20 April 2012 in accordance with DCP – Public Notification of Development Proposals and Council Plans. One submission was received during the notification period.  The main issue raised in this submission related to privacy.

 

Overall, subject to amended conditions it is considered in this circumstance that the proposed works to improve the amenity of the building will not have any unreasonable adverse impact upon the appearance of the existing building within the streetscape nor will it unreasonably impact on the amenity of the adjoining properties, particularly in relation to privacy.  The removal of the existing planter boxes are in the interest of the occupants as they are causing structural damage to the building and are a safety hazard (due to water leaks and mould issues within the units) to the residence and public. 

 

The proposed modifications satisfy the matters for consideration under Sections 79C and 96 of the Environmental Planning and Assessment Act 1979, as amended. Therefore, the proposal is recommended for approval subject to conditions.

 

2.    The Proposal

 

It is proposed to modify the approved development in the following manner:

 

·      by replacing all existing and damaged privacy screens with new aluminium powder-coated slat screens to the same size and specifications as approved;

·      Replace all timber pergola structures with steel framed mechanically operated vergola systems;

·      Replace all existing aluminium powder-coated balustrades with stainless steel balustrades with glazed inserts;

·      Removal of planter boxes to the rear of Units 9 & 10 including roof terrace;

·      Removal of internal planter boxes to the north eastern elevation of Unit 10, and Unit 9 to the front living area and replace with steel roof with fall to internal box gutter;

·      Extend balcony to Unit 9 to align with the balcony below and replace existing planter boxes with wrap around balcony;

·      Increase depth of 2 x bedroom windows to Unit 7 and 8; and

·      change of approved colour scheme and external finishes with the introduction of render and paint finish to the existing face brick ground floor walls.

 

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the south eastern side of Beaumond Avenue between Bond Street and Sackville Street in Maroubra.  The subject site is presently occupied by an existing three storey multi unit housing development containing 10 units.  The subject site is ‘L’ shaped and has a frontage width of 26m to Beaumond Avenue, side boundary depths of 40.5m & 30.5m and an overall area of 964m².  The site has a close fall of approximately 1.5m. Neighbouring the subject property to the north east at no. 7 Beaumond Avenue is a single storey detached dwelling house.  Neighbouring the subject site to the south west at no. 34 – 36 Bond Street is a 3 storey residential flat building.

 

The surrounding area is residential in character and consists of a mixture of residential dwelling houses and multi unit housing development.

 

4.    Site History

 

The current application was approved on 1 December 1998 for the construction and strata subdivision of a 3 storey multi- housing development comprising of 10 dwellings and basement parking for 15 vehicles.  Of relevance to this application are conditions numbered 2, 3, 58, 60 & 62.  The conditions read as follows:

 

Condition 2:

The south western window of the living room to Unit 9 is to be provided with a planter box of similar dimensions to those proposed at the rear to restrict overlooking of the adjoining property No. 34 Bond Street.

 

Condition 3:

The planter box to the roof terrace is to be of minimum height 1m above floor level and extended along the rear (south eastern) side of terrace.

 

Condition 58:

Erect privacy screens to the side alignment of the front balconies to units 3 & 7 to a height of 1600mm above finished floor level.

 

Condition 59:

Provide a planter box 1m wide x 1m high to the edge of the windows on the north eastern elevation of Unit 10.

 

Condition 62:

Provide privacy screens to the side alignment of the rear balconies to unit 4, 8 and 10 to a height of 1600mm above finished floor level.

 

5.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  The application was also advertised in the local newspaper.  As a result of these notifications, the following submissions were received:-

 

5.1 Objections

 

No 7 Beaumond Avenue, Maroubra

 

Issue

Comment

Privacy and overlooking concerns:

1.  Object to the enlargement of the bedroom windows to Unit 7 & 8.

 

2.  Do not object to the removal of the planter boxes provided the existing window heights are retained and appropriate privacy screens are provided to Unit 10.

 

3.  Would like the privacy screens to be reinstated to the north eastern ends of the front balcony of Units 7 and rear balcony of Unit 4.  Also, would like the north eastern end of the balcony wall to Unit 7 be retained as it provides privacy.

 

4.  The existing planter box outside Unit 10 currently restricts and prevents overlooking with the 1m barrier of planting, if removed there will be no visual barrier to prevent direct overlooking into their rear yard.  Suggest that the replacement screen extend the width of the existing planter box or increased in length from 2m to 3m.

1. It is not anticipated these windows will generate any unreasonable capacity to overlook into No. 7 Beaumond Avenue and are deemed to be acceptable for the following reasons:

 

·      Bedrooms are not considered to be areas of high traffic and do not generate substantial overlooking impacts.

 

·      The sill heights of these windows are approximately 1.475m which will assist in limiting viewing into neighbouring properties private open and living spaces.

 

·      There is screen planting along the north eastern boundary which acts as screening devices and restricts view into the objector’s windows.

 

2. Noted. As discussed above it is considered that the enlargement of the bedroom windows to Unit 7 & 8 is acceptable and will not unreasonable impact on the amenity of the objector’s property. In relation to providing additional screening to Unit 10, as discussed below this is considered unnecessary as the proposed 1.6m high privacy screen is sufficient in provided adequate privacy.  Also screen planting along the north eastern boundary will assist in restricting view into the objector’s private open and living spaces.

 

3. It is not anticipated that the rear balcony to Unit 4 will have any unreasonable overlooking concerns as heavy planting along the north eastern boundary acts as screening devices and restricts view into the objector’s property. Therefore, the requirement to provide a privacy screen to the north eastern end on this balcony is not necessary.  In relation to front balcony of Unit 7, this balcony primarily overlooks the street and the planting at the front of the dwelling along the north eastern boundary restricts views into the objector’s property.  Therefore, retaining the north eastern end of the balcony wall to Unit 7 is also not necessary. Given the above, Condition no. 58 is no longer required and is to be deleted.

 

4. Whilst it is noted that the balcony to unit 10 will be slightly large in size once the planter boxes are removed, it is not anticipated there removal will result in substantial additional privacy impacts to the objectors and adjoining properties.  The balcony to the rear of unit 10 will primarily overlook the rear yard of the subject site, is setback at least 9m from the rear boundary and 1.6m high privacy screens are proposed to the ends of the balcony which restricts any unreasonable overlooking impacts.  Also, the existing screen planting along the north eastern boundary will minimise any unreasonable overlooking impacts to the objector’s property.  Further, given that the existing planter boxes are causing structural damage and are a safety hazard (due to water leaks and mould issues within the units) to the residence there removal is further justified.

 

Also, the existing screen planting along the north eastern boundary will minimise any unreasonable overlooking impacts to the objector’s property.  In relation to the removal of the planter box along the north eastern side of unit 10, Figure 3 below indicates that the outlook from this window will be primarily of the neighbouring properties roof and of the extensive planting along the north eastern side boundary.  It is not anticipated that the removal of this planter box will result in any unreasonable overlooking concerns given that the existing planting along this end of the boundary acts as a good screening buffer between the properties.  Also, the existing planting within the planter box is not maintained in good condition and is not high enough to provide effective screening.

 

 

5.2 Support

There are no supporting letters attached with this application.

 

6.    Technical Officers Comments

 

No referrals are required for this application.

 

7.    Master Planning Requirements

 

No Master Planning Requirements apply to this site.

 

 

 

 

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998 (consolidation)

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

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

 

(1) The objectives of Zone No 2C are:

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

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

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

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

(e)  to encourage housing affordability, and

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

  

It is considered that the proposal is consistent with objectives (a), (b), (c) of the zone. The proposal retains the medium density residential environment within Beaumond Avenue. The development will not alter the predominant scale of development in the area, which consists of a mixture of multi unit housing development and single and two storey residential dwellings.

 

The proposed works will not compromise the amenity of adjoining properties as there will be no unreasonable adverse impacts to adjoining properties in terms of privacy, overshadowing or fresh air.

 

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

 

(b)    Draft Randwick Local Environmental Plan 2012 (Draft LEP)

Draft Randwick Local Environmental Plan 2012 is a matter for consideration in the assessment of the subject development application under Section 79C of the Environmental Planning and Assessment Act 1979 (as amended).

 

The following table considers the proposed development having regard to the zoning provisions and development standards contained in draft LEP that are of relevance to the subject development application:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning:

(R3 - Medium Density Residential)

 

Is development permitted under zoning?

Alterations to existing residential flat buildings are permitted within the Zone.

The proposal is for alterations to the existing residential flat building and is permissible within the zone and will satisfy the relevant objectives, aims and provisions under the Draft RLEP 2012.

 

Yes

Floor Space Ratio (Maximum)

0.9:1

The proposal will not be altering the approved FSR on site.

 

n/a

Height of Building (Maximum)

12m

The proposal will not be altering the existing building height maximum.

 

n/a

Lot Size (Minimum)

325m²

 

n/a

 

n/a

Heritage:

·    Draft Heritage Item

·    Draft Heritage Conservation Area

·    In vicinity of draft item or area

n/a

n/a

n/a

 

8.1 Policy Controls

a.    Development Control Plan No. Multi Unit Housing

The modified development will continue to comply with the objectives and performance requirements of the DCP – Multi Unit Housing. The residential character of the site will be maintained and the modified development is not considered to significantly impact upon the amenity of the adjoining properties nor will it impact on the streetscape.

 

The current application was approved on 1 December 1998 for the construction and strata subdivision of a 3 storey multi-unit housing development comprising of 10 dwellings and basement parking for 15 vehicles.  Of relevance to this application are conditions numbered 2, 3, 58, 60 & 62, which relate to the provision of providing privacy screens & planter boxes to the proposed balconies to minimise potential privacy impacts the development may have on adjoining properties.

 

Condition 2 reads as follows:

The south western window of the living room to Unit 9 is to be provided with a planter box of similar dimensions to those proposed at the rear to restrict overlooking of the adjoining property No. 34 Bond Street.

 

·      The proposal has removed the planter boxes to Unit 9 and has utilised the space with a wrap around balcony with glass balustrades.

 

It is noted that the existing planter boxes are causing health, leaking, mould and damage concerns to the existing building structure.  Whilst there is no objection to the removal of this planer box to ensure some level of privacy protection is maintained to the adjoining property at no. 34 Bond Street it is recommended that the proposed glass balustrades along the south western end of this balcony be replaced with solid wall/balustrades to the same height of the balustrades to be proposed.  This will ensure that reasonable privacy levels are maintained and will restrict overlooking in a down ward direction. 

 

Condition no. 2 is to be amended accordingly.

 

Figure 1: The subject site and no. 34 Bond Street beyond which shows the existing north eastern windows.

 

Condition 3 reads as follows:

The planter box to the roof terrace is to be of minimum height 1m above floor level and extended along the rear (south eastern) side of terrace.

 

·      The proposal has removed the planter boxes to the roof terrace of unit 10.

 

It is noted as a result of the removal of the planter boxes, the roof terrace will be slightly larger in size.  It is not considered this will unreasonably impact on the amenity of the adjoining properties.  Given that the planter boxes are currently causing leaking and mould concerns and providing any additional privacy screening to the sides of the roof terrace may restrict extensive ocean views for the occupants of the property the removal of the planter boxes in this circumstance are considered acceptable.  Also, when the roof terrace will be utilised, overlooking to adjoining properties will only occur when people are in a standing position and to the edge of the roof terrace as the solid balustrade wall around the edges of the terrace will assist in minimising overlooking in a down ward direction. Further, this area is not directly accessible from any living space and therefore it is not anticipated to be used in high capacity.

 

It is therefore recommended that Condition no. 3 be deleted.

 

Figure 2: Roof terrace.

 

Condition 58 reads as follows:

Erect privacy screens to the side alignment of the front balconies to units 3 & 7 to a height of 1600mm above finished flor level.

 

·      Front balcony off Unit 3 - The privacy screen to the north eastern end is retained at a height of 1.6m.

 

·      Front balcony off Unit 7 – The brick blade wall to the north eastern end is removed and has been replaced with new glazed balustrade.

 

While a privacy screen has been provided for Unit 3 and not to unit 7 it is not anticipated that these balconies will result in extensive overlooking concerns.  These balconies primarily overlook the street and along the north eastern side of the boundary there is extensive planting which block out any unreasonable overlooking impacts. Also, these balconies are off bedrooms and bedrooms are not considered to be areas of high traffic and do not generate substantial overlooking impacts.

 

It is therefore recommended that Condition no. 58 be deleted.

 

Condition 59 reads as follows:

Provide a planter box 1m wide x 1m high to the edge of the windows on the north eastern elevation of Unit 10.

  

·      The planter boxes to this side have been removed and replaced with a new roof with internal box gutter.

 

Figure 3 below indicates that the outlook from this window will be primarily of the neighbouring properties roof and of the extensive planting along the north eastern side boundary.  It is not anticipated that the removal of this planter box will result in any unreasonable overlooking concerns given that the existing planting along this end of the boundary acts as a good screening buffer between the properties.  Also, the existing planting within the planter box is not maintained in good condition and is not high enough to provide effective screening.

 

It is therefore recommended that Condition no. 59 be deleted.

 

Figure 3: Unit 10 – Outlook from Living room window

 

Condition 62 reads as follows:

Provide privacy screens to the side alignment of the rear balconies to unit 4, 8 and 10 to a height of 1600mm above finished floor level.

 

·      Rear balcony off Unit 8 – The privacy screen to the north eastern end is retained at a height of 1.6m above finished floor level.

 

·      Rear balcony off Unit 10 - The privacy screen to the north eastern end is retained at a height of 1.6m above finished floor level.

 

·      Rear balcony off Unit 4 – The screen is currently removed on the subject dwelling and no screening has been proposed to the north eastern end of this balcony.

 

Figure 5 below indicates that the existing planting along the north eastern side boundary is extensive in height and provides adequate screening between the properties, and therefore, not necessitating the requirement for additional screening.  Also, the area of the balcony that will most likely be used is the area directly adjacent to the living room glazed doors as there is an access step to the north eastern side which restricts the use of the area.  Further, this balcony will primarily overlook the rear yard of the subject site and is setback at least 9m from the rear boundary.

 

Therefore, condition no. 62 is to be amended to only require privacy screens to Units 8 & 10.

 

        

Figure 4: Rear of the subject building                     Figure 5: Part of rear of the subject building showing rear balcony off Unit 4 and extensive planting along the north eastern side boundary.

 

The proposed external colours and finishes and new vergola structures to the front and rear of the building will be in keeping with the design of the existing building and the vergola structures will not result in any unreasonable visual bulk and scale to the building nor will there be any unreasonable amenity impacts in terms of overshadowing or view loss.   The modified development generally complies with the relevant objectives and performance requirements in the DCP for Multi unit Housing.

 

8.2 Council Policies

Section 96(2) ‘Other modifications’

Comments

Section 96(2)(a) - The development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all).

The development provides for minor amendment to the existing and approved development.

 

The building footprint of the existing and approved development will not be altered and the proposed modifications are not considered to represent a major change to the original consent. Accordingly, the proposal is considered to be substantially the same as the originally approved development.

 

Section 96(2)(b) - It has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent.

 

N/A

Section 96(2)(c) - It has notified the application in accordance with:

(i)

The regulations, if the regulations so require, or 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.

 

The application was placed on public exhibition in accordance with Council’s DCP – Public Notification.

Section 96(2)(d) - it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.

 

Subsections (1) and (1A) do not apply to such a modification.

There is one submission in response to this application. The submission has been considered in relation to the proposed works and has been addressed in this report.

 

 

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

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

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

Not applicable.

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

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

 

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

Not applicable.

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

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

 

There is one submission in response to this application. The submission has been considered in relation to the proposed works and has been addressed in this report.

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

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:         Excellence in urban design and development.

Direction 4A:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed modifications to the approved development have been assessed against the requirements of the relevant planning guidelines of the RLEP and Council policies and plans as well as in regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended. The proposed modifications are considered to result in a development which is substantially the same as that previously approved.  The modified development will not give rise to any significant environmental impacts on adjoining properties, or have any unreasonable adverse impacts on the visual amenity and character of the streetscape.

 

The modified development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended.

 

The modified development also satisfies the relevant legislation, State policies and Local planning controls, and is recommended for approval subject to amending condition no.’s 2 and 62 of the original consent.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/819/1998/A for S96 Application to modify existing development consent DA/819/1998 by replacing all existing and damaged privacy screens, timber pergola and balustrade, removal of planter boxes to the rear of units 9 and 10 including roof terrace, extend balcony to unit 9, increase the size of the window on north-east elevation and change of approved colour scheme and external finishes at No. 9-11 Beaumond Avenue, Maroubra, subject to the following conditions:

 

Amend Condition No.’s 1, 2 & 62 to read:

1.     The development must be implemented substantially in accordance with the plans numbered A2101A-2105A, A3001A and A3002A, dated 16 September 1998 and received by Council on 16 September 1998, the application form and on any supporting information received with the application, as amended by the Section 96 plans numbered 220, 230, 240, 250, 260, 270, 280, 290, 200, 210, 220 (Section AA), 230 (Finishes and Colour Schedule), all dated 04/03/2012 and received by Council on 20 March 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:

 

2.     The proposed glass balustrades to the extended balcony section of unit 9 along the south western end of the building must be constructed of solid wall/balustrades to restrict any unreasonable overlooking of the adjoining property at No. 34 Bond Street.

 

62.   Privacy screens must be provided to the side alignment of the rear balconies to Units 8 and 10 to a height of 1600mm above finished floor level.

 

Condition Nos’ 3, 58 & 59 are deleted.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                 10 July 2012

 

 

Development Application Report No. D71/12

 

 

Subject:                  216 Clovelly Road, Randwick - DA/323/2012

Folder No:                   DA/323/2012

Author:                   Matthew Choi, Environmental Planning Officer     

 

Proposal:                     Internal fitout of existing premises and change of use to beauty and massage therapy business including signage with new shopfront and WC facility

Ward:                      North Ward

Applicant:                C M Hairis Architects

Owner:                         K J Tolley

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application details the change of use from an existing antiques shop to beauty and massage therapy business including internal fit-out and new signage. In accordance with Council’s resolution on 27 June 2006, the application is referred to the Planning Committee for determination as the proposed use involves massage service.

 

To legitimise that the proposed beauty and massage therapy will operate under its intended use, Council has requested the applicant provide additional documentation including details of the necessary qualifications to operate such a business. The applicant has responded by providing a Diploma for Beauty Therapy from the College of Skin and Beauty Therapy and a Certificate IV in make-up from the Australian College of Make-up and Special Effects.

 

It is considered that the proposed use it legitimate and the premises is not intended to be used for the purposes of providing sexual services. 

 

A previous consent exists on the subject site for the demolition of the existing structures on site and construction of a new part3/part4 storey mixed use development containing 2 x commercial tenancies and 2 x residential units with parking for 3 vehicles. The subject application will not have relevance to the previous consent given the proposal involves works to the existing building and the previously approved development application involves a demolition of all structures and new development. Consequently, Council do not require the applicant relinquish the previous consent.

 

The application is recommended for approval

 

2.    The Proposal

 

The proposal seeks to change the use of the existing shop from an antiques collectibles shop to a beauty and massage therapy business. The proposed works also include an internal fit-out, new shopfront, WC facilities and signage which includes a new illuminated under awning sign, replacement fascia signage and new vinyl signage displaying the intended use of the business.   

 

The proposed hours of operation of the business are from Monday to Friday from 8.00am to 9.00pm and Saturday to Sunday from 8.00am to 8.00pm. The proposed number of employees is 2 to 4 per shift including one manager at the premises. 

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the southern side of Clovelly Road and is currently occupied by an existing two storey terrace mixed use development with commercial premises to the ground floor and residential unit above. The subject site has a frontage width of 5 metres and a side boundary depth of 45.58 metres. The overall site area is 227.9 metres squared.

 

Neighbouring the property to the west is an existing part 3/part 4 storey mixed use development and to the east is an existing two storey mixed use buildings with commercial use on the ground floor and residential units above. The immediate locality is primarily commercial in nature and consists of predominately of commercial and retails uses with residential units above.

 

 

 

 

4.    Site History

 

DA/1026/2010

A development application was approved on the 1st of June 2011 for the demolition of the existing buildings on site and construction of a new part 3/part 4 storey mixed use development containing 2 x commercial tenancies and 2 x residential units with parking for 3 vehicles. 

 

5.    Community Consultation

 

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

 

5.1 Support

No letters of support have been received.

 

6.    Technical Officers Comments

 

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

 

6.1      Development Engineering

An application has been received for Internal fit-out and change of use of the premises to beauty and massage therapy business including new signage at the above site.

 

General Comments

The applicant shall be advised that Council may be implementing a new policy (under Section 611 of the Local Government Act) wherein fees may apply for advertising in public airspace.

 

The assessing officer is advised that the site is subject to DA/1026/2010 approved on 1 June 2011 which is for the demolition of existing buildings on site and construction of a new part 3/part 4 storey mixed use development containing 2 x commercial tenancies and 2 x residential units with parking for 3 vehicles.

 

Parking Comments

The change in use to a massage therapist will not have a significant impact on the parking demand generated by the development. The site was previously used as a gift/collectibles shop. Some parking is provided at the rear of the site fronting Division Lane although this does not appear to have been formalised. No amendments to the parking arrangements are considered necessary.

 

6.2    Environmental Health

 

The Proposal

Council is in receipt of an application to change the existing use of premises to a remedial massage clinic that also carries out beauty treatments to be located at 216 Clovelly Road Clovelly.

 

Key Issues

Compliance with Public Health Codes/Guidelines

Assessing planner should take note that apart from massages, beauty treatment and skin penetration is also proposed.

 

Restrictions have been placed on the remedial massage only and appropriate conditions in relation to public health and safety have been included in this report to ensure compliance with the legislation and guidelines.

 

Hours of Operation

 

Monday to Friday:              8:00am – 9:00pm

Saturday and Sunday:        8:00am – 8:00pm

 

6.3      Regulatory Building and Development Control

Building Services comments

 

The proposal

It is proposed to equip the existing vacant shop premises with the necessary fixtures and fittings to establish a massage/beautician parlour.

 

BCA Building Classification

Class 6 – Shop

Class 4 -  Flat

 

Description of the Building

In summary, the building incorporates:

 

§ A ‘rise in storeys’ of two

§ Masonry walls, tiled roof and timber floors

§ One exit stairway, of timber construction

§ A total of 2 sole occupancy units, 1 on each floor level

§ External balconies

§ Side boundary building setbacks of nil

 

Key Issues

Building Code of Australia (BCA):

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

 

Site Management:

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

 

7    Relevant Environmental Planning Instruments

 

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

 

·      Randwick Local Environmental Plan 1998 (consolidation)

·      Draft Randwick Local Environmental Plan 1998

 

(a)    Randwick Local Environmental Plan 1998

The site is zoned 3B under the Randwick Local Environmental Plan 1998 (consolidation) and the proposed activity is permissible with Council’s consent.

 

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

 

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

The relevant objectives of the zone 3B are:

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

 

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

 

(e)   To minimise the impact of development on adjoining and nearby residential   zones.

 

The proposal is considered to be in accordance with the objectives of Zone No.3A for the following reasons:

 

·        The proposed use represents a local commercial use which will compliment established retail and commercial uses within Clovelly Road.

·        The proposed use will provide employment opportunities

·        The proposed use will provide a legitimate service to the community

·        The proposed use will not result in a development that is excessive in bulk and scale or will impact the neighbouring residential zones or the existing streetscape. The proposed works largely involve internal alterations with new shopfront which will continue to integrate with the adjoining commercial premises and the signage will remain consistent with the signage within the locality.

·        The construction of the new WC facility located on the western boundary will adjoin the common wall of the neighbouring property (no.214 Clovelly Road) and will not result in any appreciable impacts to the adjoining premises.

 

Clause 20F: Floor Space Ratio

In accordance with the Randwick Local Environmental Plan Zoning Map 1998 (consolidation) a floor space ratio of 1.5:1 is permissible. The proposed floor space ratio will remain well below the required 1.5:1 and the new shopfront and WC facilities will only contribute to an additional 8.4 square metres to the existing development.

 

The proposal is considered satisfactory in complying with Clause 20F Floor Space Ratio.

 

Clause 43: Heritage Conservation

The subject site is located within close proximity to the Moira Crescent Heritage Conservation Area.

 

The objectives of Clause 43 of the LEP are to conserve the environmental heritage of Randwick City, to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, to conserve known or potential archaeological sites, and to conserve places of Aboriginal heritage significance.

 

The proposed works involve an internal fit-out and change of use of the premises to a beauty and massage therapy business including associated signage. The proposal will largely remain within the existing building envelope and the external works including a new shopfront and under awning sign will front Clovelly Road and will largely maintain the heritage values, form and style of the existing Moira Crescent Heritage Conservation Area and will be in keeping with the surrounding development and streetscape character. 

 

The proposal will uphold the significance of the Moira Crescent Heritage Conservation Area located in close proximity to the site. Consequently, the proposal will satisfy the objectives and performance requirements of Clause 43 of LEP 1998 (consolidation).

(b)    Draft Local Environmental Plan 2012

 

Part 2 - Zone B1: Neighbourhood Centre

The proposal is within the B1 Neighbourhood Centre and satisfies the objectives of this zone in that the use will continue to provide a range of small scale retail, business and community uses and is a development that will minimise the impact of development and protect the amenity of the residents in the zone.

 

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 multi-unit development will be well below the maximum floor space ratio of 1.5:1. Complies.

 

7.3 Policy Controls

The Policy controls applicable to the proposed development are:

·      Development Control Plan – Outdoor Advertising

·      Development Control Plan – Parking

 

a.    Development Control Plan – Outdoor Advertising

The DCP for Outdoor Advertising provides a number of objectives and controls which apply to outdoor advertising in Business Zones, including the following:

 

·      Ensure that outdoor advertising is in keeping with the scale and character of the building to which it is attached and does not detract fro the architectural style or features of the building.

·      Ensure that the placement and amount of advertising does not crowd the advertiser’s message.

·      Reduce the visual complexity of streetscapes by providing fewer more effective signs.

 

The DCP states that one under awning sign will be permitted per shop or for larger premises one per 6 metres of shop frontage. The existing building has a frontage of approximately 5.6 metres and therefore only one under awning sign will be permitted. The proposal involves the installation of one under awning sign which complies with the controls of the DCP for outdoor advertising.

 

Among the controls for outdoor advertising in Business Zones, it must be noted that “the size and shape of any outdoor advertising must relate to the size of the building or space to which it is to be attached to or placed on”. The proposed vinyl signage behind the shop front glazing will remain consistent with the character and features of the existing development as well as with the surrounding traditional signage types in the commercial zone – and will not impact on the amenity of the adjoining properties or the street character, complying with the objectives and controls outlined in the DCP for Outdoor Advertising.  

 

b.    Development Control Plan – Parking

Council’s Parking DCP will only require that additional parking spaces be provided to cater for additional demands arising from increases in floor space or change of use. Council requires one off-street parking space per 40 square metres of gross floor area. The subject ground floor retail tenancy has a gross floor area of 72 square metres in total and is required to provide 1 car space. No on-site car parking is proposed.

 

Whilst the proposal will result in an additional 8.4 square metres of gross floor area the demand for parking will be a similar parking demand as existing. An additional increase of 8 square metres of gross floor area will still maintain the required parking provisions of 1 on-site parking space. At present, no on-site parking is available and due to the minor nature of the proposal, there is no scope to provide additional parking. It is expected that the proposal will result in a parking situation that will be no different to that associated with the existing retail activity operating from the site.

 

Further, Council’s development engineering have no objection to the existing parking shortage of one space and have identified that no amendments to the parking arrangements are considered necessary. Therefore, the proposal is considered to be satisfactory and will not result in detrimental impacts on the local traffic and parking situation.

 

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).

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

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

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

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 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.

 

Proposed use for remedial massage:

The details provided with the application adequately describe a development for the purpose for which approval is sought, as a legitimate premises providing beauty and massage therapy forming part of the business. The owner/operator has provided professional credentials and it is considered that services of a non-sexual nature will be provided. Further, the proposal includes a new glazed shopfront which allows a transparent view into the business premises from the Council footpath to allow for public surveillance on the nature of the business premises.

 

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.

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 8:       A strong local economy.

Direction 8a:      Vibrant business, commercial and industrial sectors that private ongoing and diverse employment opportunities.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed internal fit-out and change of use of the premises to beauty and massage therapy with associated signage will continue to comply with the relevant objectives outlined within the Randwick Local Environmental Plan 1998 (consolidation) and is satisfactory in upholding the performance requirements and objectives of the DCP for Outdoor Advertising and Parking. The proposed use is considered to be consistent with small business uses and subject to conditions restrict the type of massage therapy service provided. It is expected that the inoffensive nature of the use will not result in any unreasonable adverse impact 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/323/2012 for permission of an internal fitout and change of use of the premises to beauty and massage therapy business including new shopfront and WC facility, at 216 Clovelly Road, Randwick, subject to the following conditions:

 

 

GENERAL CONDITIONS

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

 

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

 

Approved Plans & Supporting Documentation

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

 

Plan

Drawn by

Dated

Received

01C

C.M Harris Architects

28/06/2012

28 June 2012

02A

C.M Harris Architects

17/05/2012

28 June 2012

 

2.       The minimum clear distance from the existing footpath in Clovelly Road to the underside of the proposed under-awning advertising sign, (i.e. the sign to be installed above the footpath in Clovelly Road), shall be 2.60 metres.

 

3.       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.

 

4.       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.

 

5.       The under awning sign shall be internally illuminated only.

 

6.       The intensity of the light in the illuminated sign shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

7.       The proposed signage must not have/use:

 

§  Flashing lights;

§  Electronically changeable messages;

§  Animated display, moving parts or simulated movement;

§  Complex displays that hold a driver’s attention beyond ‘glance appreciation’;

§  Displays resembling traffic signs or signals; and

§  A method and level of illumination that distracts or dazzles.

 

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.

 

Long Service Levy Payments

9.       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.

 

10.     The colours, materials and finishes of the external surfaces to the building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

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.

 

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

 

Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

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

 

13.     Access and/or facilities for people with disabilities must be provided to new building work in accordance with any relevant provisions of the Building Code of Australia and Disability (Access to Premises – Buildings) Standard 2010, to the satisfaction of the Certifying Authority and details are to be provided with the Construction Certificate application.

 

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.

 

14.     Prior to the commencement of any building (including ‘fit-out’ work), a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

A copy of the construction certificate, the approved plans and development consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment

 

15.     Prior to the commencement of any building or ‘fit-out’ works, the person having the benefit of the development consent must:

 

·       appoint a Principal Certifying Authority for the building work, and

·       appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing, and

·       unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

·       give at least two days notice to the Council, in writing, of the person’s intention to commence building works.

 

Sydney Water

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

 

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

 

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

 

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

 

Public Utilities

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

 

18.     Any other treatments/services other than remedial massage will require a separate application to Council and relevant approval shall be obtained (as required) prior to commencement.

 

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.

 

19.     The 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.

 

20.     In existing buildings, the following works are to be carried out to ensure minimum levels of fire safety:-

 

1)     Any new or replacement ceilings walls and floor linings and doorways are required to satisfy the relevant requirements of the Building Code of Australia. 

 

2)     Any residential part/s of the building are to be suitably fire-separated from the commercial area encompassed in this development application.

 

Details of the abovementioned items and other building and fire safety works are to be provided in the construction certificate.

 

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

 

 

 

 

Activity

Permitted working hours

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

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

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

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Internal work only within a commercial or industrial development, located in a commercial or industrial zone, which is not audible within any residential dwelling or commercial or industrial premises

·   Monday to Saturday - No time limits (subject to column 1)

·   Sunday & public holidays - No work permitted

 

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

 

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

 

1)   Demolition work must be carried out in accordance with Australian Standard, AS2601 (2001) - The Demolition of Structures and a Demolition Work Plan is required to developed and implemented to the satisfaction of the Principal Certifying Authority prior to commencing any demolition works.

 

2)   The demolition, removal, storage and disposal of any materials containing asbestos must be carried out in accordance with the relevant requirements of WorkCover NSW, Council’s Asbestos Policy and the following requirements:

 

·       A licence must be obtained from WorkCover NSW for the removal of friable asbestos and or more than 10m2  of bonded asbestos (i.e. fibro)

·       Asbestos waste must be disposed of in accordance with the Protection of the Environment Operations Act 1997 & relevant Regulations

·       A sign must be provided to the site/building stating “Danger Asbestos Removal In Progress”

·       A Clearance Certificate or Statement must be obtained from a suitably qualified person (i.e. Occupational Hygienist) upon completion of the asbestos removal works, which is to be submitted to the Principal Certifying Authority and Council prior to issuing an Occupation Certificate.

 

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.

 

3)   A sign must be provided and maintained in a prominent position, 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”.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

If it is proposed to locate any site fencing, hoardings or items upon any part of the footpath, nature strip or any public place, a Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services department beforehand. Details and plans are to be submitted with the application, together with payment of the weekly charge in accordance with Council’s adopted Pricing Policy.

 

10) 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.

 

The requirements and practices contained in the Protection of the Environment Operations Act 1997 and relevant DECC Construction Noise and Vibration Guidelines are to be satisfied and a Construction Noise and Vibration Management Plan is to be developed and implemented throughout the works to the satisfaction of Council, prior to the commencement of works.

 

23.     Any reusable equipment used to penetrate the skin must be sterilised in an autoclave as per Australian Standard AS:2182-Sterilisers-steam-benchtops, & AS4815:2001-‘Office-based health care facilities – cleaning, disinfection and sterilisation of reusable, medical and surgical instrument and maintenance of the associated environment’ and Public Health (Skin Penetration) regulation.

 

24.     Wash hand basins must be provided for each treatment room where skin penetration activities are carried out.

 

25.     Each wash hand basin must be provided with hot and cold water delivered through a common outlet and have a supply of soap and paper towels at all times.

 

26.     A suitable cleaning sink must be provided in a common area for the cleaning and disinfection of equipment.

 

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.

 

27.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation or use of the development encompassed in this development consent (including alterations, additions and ‘fit-out’ work to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

28.     Where applicable, a Fire Safety Certificate must be submitted to Council prior to the issuing of an Occupation Certificate, in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

 

The Fire Safety Certificate must include details of all of the fire safety measures contained in the building and as detailed in the fire safety schedule attached to the Construction Certificate.

 

Prior to issuing any Occupation Certificate the Principal Certifying Authority must be satisfied that all of the relevant fire safety measures have been included and are sufficiently detailed within the Fire Safety Certificate. A copy of the fire safety certificate must be displayed in the building near the entrance and a copy must be forwarded to the NSW Fire Brigades.

 

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

 

29.     Premises to be inspected by Council’s Environmental Health Officer prior to occupation and on an annual basis under the provisions of the Public Health (Skin Penetration) Regulation, and the inspection fee is to be forwarded to Council.

 

30.     Premises to be registered with Council prior to occupation under the provisions of the Public Health (Skin Penetration) Regulation, and the registration fee is to be forwarded to Council.

 

OPERATIONAL CONDITIONS

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

 

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

 

31.     The use and operation of the premises shall not give rise to an environmental health or public nuisance.

 

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

 

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

 

34.     The operation of the premises in relation to massage is to be restricted to remedial massage only. The premises is not to be used for the purpose of a brothel and in this regard, no sexual services are to be offered in association with the massage usage.

 

35.     Premises to be inspected by Council’s Environmental Health Officer prior to occupation and on an annual basis under the provisions of the Public Health (Skin Penetration) Regulation, and the inspection fee is to be forwarded to Council.

 

36.     Premises to be registered with Council prior to occupation under the provisions of the Public Health (Skin Penetration) Regulation, the registration fee is to be forwarded to Council.

 

37.     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.

 

38.     The hours of operation of the business is restricted to:

 

Hours of Operation

Monday to Friday:              8:00am – 9:00pm

Saturday and Sunday:        8:00am – 8:00pm

 

39.     The owner/operator of the subject premises must advise Council in writing of any change in the tenant that is operating the massage shop and advise the new tenant that they must provide Council with the qualifications of all staff involved in providing massage services prior to commencing the new operation.

 

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      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.

 

A4      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.

 

A5      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.

 

A6      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.

 

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 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.

 

A9      Prior to the commencement of any building or shop ‘fit-out’ works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

A10    The assessment of this development application does not include an assessment     of the proposed building work under the Building Code of Australia (BCA).

 

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

 

A11    In existing buildings, the levels of fire and occupant safety should be upgraded where necessary and details should be incorporated in the Construction Certificate to the satisfaction of the Certifying authority.

 

Where the levels of accessibility to existing buildings do not meet current standards, if practicable, the level of accessibility should also be upgraded in conjunction with the proposed development (e.g. via the installation of a 1:8 access ramp within the building) and details included in the construction certificate application.

 

Building owners, applicants and builders are advised to speak to the appointed Certifying Authority prior to lodgement of the Construction Certificate.

 

A12    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.

 

A13    The applicant shall be advised that Council may, in the future, be implementing a new policy (under Section 611 of the Local Government Act) wherein fees may apply for advertising in public airspace.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                 10 July 2012

 

 

Development Application Report No. D72/12

 

 

Subject:                  130 Prince Edward Street, Malabar (DA/910/2011)

Folder No:                   DA/910/2011

Author:                   Willana Associates, Pty Ltd     

 

Proposal:                     Demolition of existing structures and construction of a two storey attached dual occupancy with lower level garages fronting Prince Edward Street and car ports at rear with access from Austral Street, swimming pools to front and associated works (SEPP1 Objection to floor space ratio control)

Ward:                      South Ward

Applicant:                Mr J Hickman

Owner:                         130 Prince Edward Pty Ltd

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The development application (DA) relates to 130 Prince Edward Street, Malabar.  The proposal is for the demolition of the existing structures and construction of a two storey attached dual occupancy.  The development includes two lower level garages fronting Prince Edward Street and car spaces at the rear fronting Austral Street.  Two swimming pools and associated works are proposed within the front setback of Prince Edward Street. 

 

The proposal was placed on public notification and five (5) submissions received.  A letter of support was provided by the Applicant to Council.  All submissions were considered.  A number of concerns were raised related to the potential view loss and structural impacts of the proposal.  As a result, the proposal has been assessed against the Principles of View Sharing established by the Land and Environment Court in Tenacity Consulting v Warringah [2004] NSWLEC 140.

 

A State Environmental Planning Policy No.1 Objection (SEPP 1) has been submitted to justify the proposed variation to the floor space ratio (FSR) control contained in Clause 20F of the Randwick Local Environmental Plan 1998 (Consolidation) (RLEP 1998).  The proposal is for an FSR of 0.62:1, the development standard is 0.5:1.  The SEPP 1 is not considered to appropriately justify the variation in respect to the relevant case law.  As a result, the SEPP 1 has not been upheld.

 

The application also has inconsistencies with the Residential Dwelling and Dual Occupancy Development Control Plan.  The Applicant was advised of a number of concerns related to the scheme.  As a result, the Applicant provided amended drawings to Council on 19 June 2012.  These amendments failed to fully address the matters raised.

 

The development application has a number of significant planning issues related to the proposed design.  The proposal is generally considered not to be compatible with the character of the area and represents an over development of the site. 

 

In particular, the proposed excavation and construction of two garages will result in a significant built form structure that is visually prominent from the public domain.  The proposed swimming pools will result in undesirable amenity impacts and fail to satisfy the objectives contained within the Development Control Plan – Dwelling Houses and Attached Dual Occupancies.  Generally, the design fails to accommodate for the constraints of the site by proposing two large dwellings with extensive built form.

 

The application is recommended for refusal.

 

2.    The Proposal

 

The proposal is for the demolition of the existing structures and construction of a two storey attached dual occupancy on the subject site.

 

The proposal consists of two (2) adjoining garages at street level, which are access via internal stairs to each of the dwellings.  The garages are setback 0.6m from the front boundary and abut the eastern boundary.  The primary building is setback 6.3m from the front boundary (with some structural features encroaching on this), above the garage and within the primary setback are landscaped areas and in-ground swimming pools. 

 

Both dwellings contain large open plan living / dining / kitchen, laundry, powder rooms and media rooms on the ground floor.  In addition to the open space area in front of the building, both dwellings are also provided with lawn courtyards and rear covered entertaining areas.  An additional car space is provided for each dwelling, in the rear setback.

 

The first floor of both the dwellings contains three (3) bedrooms and two (2) bathrooms.  Both master bedrooms are provided with balconies.  The third bedroom, for the western dwelling, has access to an enclosed balcony.

 

The proposal adopts a modern design, with a “pop-up” roof element containing highlight windows.  Landscaping is proposed across the site.  No landscaping plan was submitted.

 

3.        SEPP 1 Objections

 

The proposal seeks to vary development standards contained within RLEP 1998.  A SEPP 1 objection has been submitted to Council.

 

Pursuant to Clauses 20F of RLEP 1998, the maximum floor space ratio within a 2A zone is 0.5:1 for an attached dual occupancy.  The proposed variation is summarised in the table below:

 

 

Floor Space Ratio

Proposal

0.62:1 (342m²)

LEP development standard

0.5:1 (277.6m2)

Excess above or less than the LEP standard

23% excess (64.4m2)

 

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 objective of Clause 20F of the RLEP 1998 is stated as being:

 

To operate together with controls for landscaped area and building height to limit the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area.

 

The appropriate test in this instance is to establish whether the proposed floor space ratio results in a development that is of a size and scale which is compatible with the environmental amenity and aesthetic character of the locality and does not detract from the objectives of the Residential 2A Zone. 

 

The character of the area is defined by the larger allotments with modest houses.  This results in a character where landscape dominates over built form.  The emerging character is of larger dwellings that are often built into the slope with garages often underneath.  This approach provides for adequate landscaping and reduces the prominence of the built form.  The local area is undergoing change and it is therefore important to ensure that the integrity of the development standards is kept intact.

The Applicant’s SEPP 1 states: 

 

Planners Comment:

The subject design proposes garaging forward of the dwelling with the balcony and podium extending over the garage to the boundary. In addition, the cladding that is provided around the dwelling provides for an increased visual presence, especially when viewed from Austral Street and properties to the west of the site.

 

 

The southern end of the north western elevation includes a large fin wall of 4metres in length that further increase the apparent bulk of the dwelling.  The fin wall encloses a space of approximately 16m², which whilst not floor space, does increase the apparent bulk.  When this area and the proposed garaging fronting Prince Edward Street are combined with the exceedance of the floor space (64.4m²), the result is a building that is visually largely than most existing or likely development in the area.

 

The character of the area would be undermined, as the proposal would result in a large structure that dominates the streetscape and fails to complement the low density, residential character.  The extent it exceeds the FSR standard, combined with the fin walls and garage structures on the boundary, creates a visually dominant development.  As a result, the proposal will present a built form, that does not complement the surrounding residential character and is beyond the emerging desirable character.

 

Recently approved DAs within the immediate locality do not appear to represent precedents of variations to the development standard, which would justify the control being unreasonable.  The recently approved DAs are not variations that appear to be to the same extent as the proposed development.  Further, the subject site had an area of 555.2m2 with access to two street frontages.  It is considered that a complying proposal with a gross floor area of 277.6m2 could be adequately accommodated on the site.  As a result, the Floor Space Ratio control is not considered unreasonable for the subject site.

 

Malabar predominantly contains established residential dwellings on large allotments.  There is an emerging character of more modern buildings, which increase the size of the existing dwellings while retaining the density.  The DA proposes a visually dominating structure in a visually prominent location.  This control for FSR is applicable to non dwelling house development specifically and seeks to maintain the “environmental amenity and aesthetic character of the area”.  This numerical control attempts to ensure that DAs do not result in overdevelopment.

 

As a result, the development standard in this case is considered both reasonable and necessary.

 

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:

 

(i)   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,

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

 

The Applicant’s SEPP 1 states:

 

 

Planners Comment:

The variation from the FSR standard is inconsistent with the aims of SEPP 1.  As established under Matter 1, the standard in this instance, is both necessary and reasonable.  The proposal would fail to achieve “promoting the social and economic welfare of the community and a better environment” as it will result in a development with significant amenity impacts which does not adopt environmentally sensitive design. 

 

The proposal is inconsistent with the existing character of the area in that it fails to provide a reasonable balance between built form and the environmental character of the area.  The proposal does not represent orderly use of the land with a design that fails to adequately consider the objectives of the relevant planning controls.

 

The proposal fails to satisfy Matter 2 of the SEPP 1 principles.

 

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”.

 

Planners Comment:

The proposed variation from the development standard does not raise any matters of significance for State or regional environmental planning but there is a public benefit in maintaining the controls in this instance.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standards is reasonable and necessary to ensure that the emerging character is not undermined by developments that result in built form that dominates the character of the area.

Second

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

 

Comments:

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

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 will not be defeated or thwarted if compliance was required.  A greater level of compliance will ensure that the desired future character outcomes are maintained.

Fourth

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

 

Comments:

The floor space ratio, development standard has not been abandoned or discarded by decisions 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 zoning is not considered to be inappropriate for the locality.

 

Planners Comments:

The proposed FSR, along with the ancillary design of structures such as the garage and the elevations, add to the visual presence of the building.  They result in a development that is inconsistent with the development standard and the purposes/objectives that underpin that standard.

 

The SEPP1 objection has not been sufficiently justified in terms of the matters for consideration from the relevant case law.  As a result, the SEPP 1 is not upheld and the variation cannot be supported.

 

4.    The Subject Site and Surrounding Area

Image 1 |Aerial Photo of the subject site, indicated in red.

The subject site, is located on the western side of Prince Edward Street.  The site has two frontages and backs onto Austral Street.  It is irregular in shape and occupies an area of 555.2m2

 

The site has a considerable slope, from the south to the north, of approximately 6m.  The majority of the site is significantly higher than the Prince Edward Street level.  The site currently contains a single storey residential dwelling, a detached garage, which fronts Austral Street, and a shed, which abuts the western boundary.  The site is otherwise landscaped with a pedestrian path from the level of the dwelling down to street level; the front of the site also contains a rock outcrop.  

 

Adjoining the subject site to the west is 126-128 Prince Edward Street. This site contains a single storey dwelling, which fronts Prince Edward Street with an access handle to Austral Street. 

 

Adjoining the subject site to the east is, 132 Prince Edward Street, which contains a part one, part two storey, residential dwelling with a lower level garage, a swimming pool and a detached garage which addresses Austral Street.  Adjoining this dwelling is a vacant area, which provides vehicle access to garages for a number of dwellings to the east and pedestrian access to Austral Street.

 

The opposite side of Prince Edward Street, from the subject site, adjoins a golf course.  The southern side of Austral Street, opposite subject site, is occupied by a number of dwellings, which adopt a two storey built form.  

 

A significant element of the locality is the views of Malabar Beach and Long Bay to the north and east of the site.  Immediate locality of the subject site adopts a one to two storey built form, consisting primarily of established residential dwellings.  There are also examples of an emerging built form that adopts a primarily two storey built form with more modern designs.

 

image 118

image 119

Photo 1 | The subject site, 130 Prince Edward Street, Malabar, as viewed from Prince Edward Street.

Photo 2 | 126 Prince Edward Street, Malabar, adjoining the subject site to the west, as viewed from Prince Edward Street.

image 116

image 126

Photo 3 | 132 Prince Edward Street, Malabar, adjoining the subject site to the east.

Photo 4 | Pedestrian access path to Austral Street, from Prince Edward Street.

image 108

image 070

Photo 5 | View of the subject site from the opposite side of Austral Street. 

Photo 6 | Dwellings opposite the subject site on Austral Street.

image 117

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Photo 7 | View of the streetscape as viewed from Prince Edward Street, looking north west.

Photo 8 | Existing front setback of the subject site, as viewed from the front balcony of 126 Prince Edward Street, including the view across the golf course.

 

5.    Community Consultation

 

The amended plans received by Council on 19 June 2012 did not warrant re-notification.  The owners of adjoining and neighbouring properties were notified of the original design in accordance with the Public Notification or Development Proposals and Council Plans Development Control Plan, from 2 December 2011 to 16 December 2011.  As a result, the following submissions were received:-

 

5.1    Objections

124 Prince Edwards Street

96 Austral Street, Malabar

126 Prince Edward Street, Malabar

94 Austral Street, Malabar

102 Austral Street, Malabar

 

Issue

Comment

Has concerns with the level of cut and fill within the front setback and the stability of the adjoining dwellings as a result.

The application was referred to Council’s Senior Building Surveyor to address all concerns with the structural integrity of the proposal (refer to Section 6.1 of the report).  Notwithstanding this, the extent of excavation occurring up to the boundary is considerable.

The floor space ratio is not considered compatible with the character of the area and results in excessive bulk and scale.

Agreed. The proposed floor space ratio is considered inconsistent with the character.

The proposed roofline is higher than neighbouring dwellings and out of character.  The roof and general height of the property will affect views from the properties to the rear.

A site visit was carried out and a view analysis was undertaken.  Some minor view impacts were observed (see discussion on view loss in Section 8). 

The proposal includes the removal of significant vegetation.

A landscape plan has been requested but not received.  The application has been referred internally at Council; comments are provided in Section 6.1 of this report.

The provision of parking is of concern, as the proposal will result in the loss of another 2 on-street car spaces.

The amended design is likely to result in the loss of an additional car space on Austral Street.  This loss is not considered significant and is an acceptable outcome.

There are concerns related to the works proposed to be undertaken, including the demolition and the proposed excavation are considered to have the potential to significantly impact on surrounding residents.

The proposed works have been considered, the excavation works have been reduced as a result of the amended drawings.  

Concerns were raised with the adequacy and completeness of the application.

Additional documentation has been requested, some of which has been provided.  The information provided is sufficient to determine that the application cannot be supported. 

Concerns were raised over the proposed fencing of the subject site, in particular relating to the level changes between adjoining neighbours.

Additional detail has been provided relating to the fencing of the subject site.  The proposed fencing is considered acceptable. 

Concerns were raised regarding the alignment of the proposed dwellings, as they are forward of the adjoining dwelling and have the potential to impact on the views across the subject site.

The front setback of the proposal is considered inadequate and the provision of swimming pools forward of the building line is not consistent with the objectives of the relevant controls.

The proposed new pool adjoining the side boundary will result in significant adverse impacts.

Agreed.  The impact of the proposed swimming pools has not adequately been addressed.

The proposal is excessive in terms of bulk and scale.

Agreed. The design is considered to be excessive in terms of bulk and scale.

Proposal is not consistent with the character of the area.

Agreed. The proposal is not considered to be consistent with character of the area as described in the report.

Concerns were expressed related to the relocation of the bus stop and the proposed new location of it.

The bus stop is no longer proposed to be relocated. 

 

5.2      Support

A letter of support was received from Colin and Susan Cass who adjoin the property to the west. They were happy with the design that was provided to them.

 

6.    Technical Officers Comments

 

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

 

6.1      Development Engineer

An application has been received for construction of a new dual occupancy at the above site.

 

This report is based on the following plans and documentation:

·      Architectural Plans by 30AXIS dated 28.11.11;

·      Statement of Environmental Effects by 30AXIS

 

Bus Stop Comments

Development Engineering met the STA’s representative (Eric Graham) on site to discuss the relocation of the Bus Stop in Prince Edward St to allow for the construction of vehicular crossings to the proposed single car garages. The STA advised that they have no objection to the relocation of the bus stop provided it was further to the east and that the J Stem be located on the eastern side of the driveway servicing No 132 Prince Edward Street.

 

Prince Edward Street Garage Levels

Prior to the issuing of a Construction Certificate the plans for the proposed garages fronting Prince Edward Street are to be amended to show the garage slabs being constructed to RL 30.20 AHD. This is a lowering of 300mm from the proposed RL 30.50.

 

The lowering of the garage slabs are so satisfactory Council driveway gradients can be provided.

Tree & Landscape Comments

The site inspection revealed an absence of any significant vegetation within the site that would pose a constraint to this proposal in anyway, with conditions in this report specifying the standard of landscaping that must be provided so as to cater the needs of future occupants, as well as minimise impacts on neighbouring properties, and assist with its presentation and integration into the area. 

 

No objections are raised to removing the shrubs, overgrown weeds and rock face on the Prince Edward frontage during the major excavations associated with constructing the new vehicle crossings and garages as shown, providing that suitable native coastal species are incorporated throughout the site. 

 

The site inspection revealed that on the Austral Street verge, to the east of the existing vehicle crossing, there is a group of native trees, comprising from west to east, a small Callistemon viminalis (Bottlebrush) of about 3m in height, then a slightly larger Lophostemon confertus (Brush Box) whose true size has been reduced to about 4m x 4m in response to heavy and repeated topping away from the wires, with a further two small Bottlebrush’s to the east, of only around 2m.

 

It would not be possible to retain any of these four trees if the new centrally located, common driveway was constructed as shown, and as these trees are not significant to the streetscape or local environment in anyway, are not in keeping with the other public plantings in this street, and as there is opportunity to provide more desirable coastal trees from our Masterplan upon completion of the works, consent has been given for their removal, with conditions requiring that this be wholly at the applicant’s cost.

 

Drainage Comments

On-site detention is not required for this site due to its location being at the bottom of the Malabar catchment.

 

Comment:

The amended plans were referred to the Development Engineer for comment and no additional comments were provided.

 

7.    Relevant Environmental Planning Documents

 

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

 

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

SEPP: BASIX applies to the proposed development. A BASIX Certificate accompanies this development application.  Had the application been recommended for approval the commitments listed in the Certificate would be imposed through appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

7.2      Randwick Local Environmental Plan 1998

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

 

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

The site is located within the Residential 2A Zone and the proposed development is permissible with consent.  However, the proposal fails to achieve the objectives of the 2A Zone.  In particular, the proposal is not consistent with the following:

 

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

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

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

 

The proposal fails to adopt a design that is consistent with the low density environments and does not ensure that the attributes of the area are maintained.  As a result of the proposal, the adjoining neighbours will have some amenity impacts arising from the built form and the presence of swimming pools forward of the primary building line.  The proposal is not considered consistent with this clause.

 

There is also an absence of detail regarding the landscaped solution for the site.

 

Clause 20E Landscaped area

This clause states:

 

(1)    Development, otherwise than for the purpose of a dwelling house, within Zone No 2A must provide a minimum of 40% of the total site area as landscaped area.

 

The Amended Statement of Environmental Effects states that the proposal is consistent with this numerical control with 44.9% or 249.3m2 of the site proposed for landscaping.  The applicant did not provide a landscape plan as requested in the assessment process.  The absence of detail as to how the landscape solution may improve the balance between landscape setting and built form is an important consideration when assessing the request to vary the floor space requirement.  The location and nature is more important than the question of quantity.

 

The applicant has failed to provide a design that balances the landscape solution forward of the building line with the proposed garages which are significant in terms of bulk and scale.  The extent of garage and swimming pool structures diminishes the ability to provide reasonable landscape outcomes.

 

Clause 20F Floor Space Ratio

This clause states:

 

(1)    The maximum floor space ratios for buildings, other than buildings erected for the purpose of a dwelling house, within Zones Nos 2A, 2B and 2C is 0.5:1, 0.65:1 and 0.9:1, respectively.

 

The proposal fails to achieve a floor space ratio (FSR) of 0.5:1, with the proposed FSR being 0.62:1.  As a result, a SEPP 1 objection has been provided which has been discussed in Section 3 and Section 8.  The proposed variation to this development standard has not been upheld and is not considered an acceptable planning outcome.

 

Clause 20G Building Heights

This clause states:

 

(1)     The maximum height for a building, other than a dwelling house, within Zone No 2A or 2B is 9.5 metres measured vertically from any point on ground level.

 

(3)     The maximum height for any external wall of a building, other than a dwelling house, within Zone No 2A or 2B is 7 metres measured vertically from any point on ground level.

 

The proposal complies with both the numerical controls.  The overall height of the building is 7.5m to the top of the roof (clerestory window), with no section of the building exceeding the maximum wall height of 7m.  The proposal complies with the development standard for building heights.

 


Clause 40 Earthworks

Council’s Building Officer and Development Engineer have considered the proposed earthworks in detail.  The earthworks are generally considered acceptable in terms of drainage and stability, had approval been recommended, appropriate conditions would be included.

 

7.3      Dwelling Houses and Attached Dual Occupancies Development Control Plan (DCP)

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

 

The application has been assessed against the objectives and performance requirements of the DCP.  Section 8 of this report sets out the Key Areas of Non Compliance.  The development will result in unreasonable impacts on the amenity of the adjoining premises and the character of the locality. 

 

Generally, the proposal is not consistent with the character of the area and has failed to adequately consider the controls for the subject site.  The application is not considered to be consistent with this DCP.

 

7.4      Parking Development Control Plan (DCP)

The specified parking rate for the proposed dual occupancy, in accordance with the Parking DCP, is two (2) spaces per dwelling.  The proposal is consistent with this control. 

 

7.5      Public Notification or Development Proposals and Council Plans Development Control Plan

In accordance with this document, the proposal was placed on public exhibition.  The submissions received have been considered in detail in Section 5.

 

8.        Key Issues and Areas of Non Compliance:

 

View Loss

The proposed alterations and additions involve projections forward of the existing front building line and higher than the existing building height.  These projections, according to the information provided, will to obscure views obtained from the west, the east and from the rear of the subject site. View loss has been raised as an objection in a number of the submissions received and the Objector’s dwellings has been visited.

 

A preliminary view impact assessment was undertaken from potentially impacted properties in lieu of the Applicant providing any information related to the potential impact.  As a result, the view impact assessment in terms the principles of Tenacity Consulting v Warringah [2004] NSWLEC, concluded that:

 

§  The potential views impacted on were not iconic and land / water interface views were unlikely to be impacted.

§  Both seated and standing views appeared to be affected from the dwelling adjoining the site to the rear being 96 Austral Street and adjoining the site to the west, being 126-128 Prince Edward Street.

§  In terms of the extent of impact, the potential encroachment on views from the properties visited was minor. 

§  The view impacts appeared to primarily be affected by the roof element and potentially by the design of the front of the building.

 

The overall building form that impacts on views is compliant with the Council requirements.  The view is generally over the building, which complies with the height standards.  There are cross views in the front setback (from the western neighbour) of the ocean and locality.  These views are likely to be retained, albeit, the presence on the swimming pools will result in some overlooking by the neighbour. 

 

The provision of privacy screens would result in undesirable view loss.  Subject to the retention of cross views at the front of the dwelling, the view impacts are minor and reasonable.

 

Floor Space Ratio, Bulk and Scale

The proposal includes a variation to the development standard for floor space ratio as previously discussed.  The standard is 0.5:1; the proposal is for 0.62:1.  The State Environmental Planning Policy No. 1 Objection (SEPP 1) submitted to vary the floor space ratio control is considered inadequate in terms of detail. 

 

The stated purpose of this control contained within the Randwick Local Environmental Plan (Consolidation) 1998 includes limiting “the size, scale and site coverage of a building having regard to the environmental amenity and aesthetic character of the area”.  The proposal will result in significant impacts on the amenity and character of the area.  In particular, the location of the subject site, being set above Prince Edward Street, enhances the height and bulk of the building. 

 

The consideration of the SEPP 1 Objection relating to floor space demonstrates that the proposed FSR is unacceptable.

 

Height, Form and Materials

Part 4.3 of the Dwelling Houses and Attached Dual Occupancies Development Control Plan sets out a number of objectives, requirements, standards and preferred solutions for applications to satisfy related to height, form and materials.  The proposal fails to adequately address these objectives.  The proposal fails to satisfy this part in the following ways:

 

§  The proposal does not adequately relate to the topography of the site with minimal cut and fill.  The proposed garage and swimming pools within the existing rock shelfing are considered excessive.  The excavation is proposed to occur up to both the eastern and northern boundaries and will be grossly in excess of 1m.

§  As previously discussed, the scale of the proposal is not compatible with the existing character of the locality.

§  The proposal results in impacts on privacy and views.  The proposal has failed to adequately address the potential for privacy impacts, in particular to the adjoining neighbour to the west.  This dwelling has a number of windows, which will be impacted in terms of noise and overlooking.  The primary living rooms of this dwelling are located close to the proposed swimming pool, which would represent a considerable privacy and noise impact also. 

 

Building Setbacks

Part 4.4 of the Dwelling Houses and Attached Dual Occupancies Development Control Plan sets out a number of objectives, requirements, standards and preferred solutions for applications to satisfy related to building setbacks.  The proposal adopts a zero front setback to the retaining wall structure,  the garage is setback 600mm from the front boundary and the proposed swimming pools are included forward of the primary building line.  This proposal is not considered to integrate with the existing setbacks and does not maintain the environmental amenity of the streetscape.  The garage coupled with the additional structures will result in unacceptable amenity impacts on the streetscape.

 

Visual and Acoustic Privacy

Part 4.6 of the Dwelling Houses and Attached Dual Occupancies Development Control Plan sets out a number of objectives, requirements, standards and preferred solutions for applications to satisfy related to visual and acoustic amenity. 

 

The location of the swimming pools and the lawn courtyards have not been adequately considered in terms of amenity impact for both the adjoining neighbours and the future residents of the building.  No landscaping buffers and no landscape plan provided which demonstrate appropriate buffers within the side boundaries.

 

Habitable windows have not been adequately distanced from neighbouring dwellings.  These outcomes are not considered acceptable.

 

Garages, Carports and Driveways

Part 4.7 of the Dwelling Houses and Attached Dual Occupancies Development Control Plan sets out a number of objectives, requirements, standards and preferred solutions for applications to satisfy related to garages, carports and driveways.  These include:

 

§  To ensure on –site car parking and driveways are not visually obtrusive and do not detract from the appearance of dwellings or the local streetscape.

§  To provide convenient and safe car parking access.

 

The proposal includes 35% of the frontage to be part of the garage structure with a 600mm proposed setback and the retention of the existing rock platform to the eastern side of the site with retaining walls above this.  The current design does not comply with the objectives of this numerical control and will be visually dominant and detract from the streetscape.  Minimal softening measures are proposed and the garages, coupled with the proposed retaining walls, will have an unacceptable visual impact on the streetscape.

 

9.        Section 79C Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

The proposal is not considered to be consistent with the specific objectives of the zone. The built form will adversely affect the aesthetic character, environmental qualities and social amenity of the locality.

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

Refer to table below

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

The proposal is not considered to satisfactorily address a number of the preferred solutions in the Dwelling Houses and Attached Dual Occupancies DCP and as a result is not considered consistent with this DCP.

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

The proposed development is not consistent with the dominant residential character in the locality. The proposal is considered to result in detrimental social and environmental impacts on the locality.

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

The nature of the site and its suitability has been previously discussed.  It is considered that the proposal fails to adequately address the specific natural features and the constraints of the subject site.  As a result, the proposal is not considered suitable.

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

As previously stated, the adverse impacts of the proposal are considered significant. As a result, the proposal is not considered to be in the public interest.

 

 

 

 

10.      Draft Randwick Local Environmental Plan 2012 (Draft LEP)

 

Draft Randwick Local Environmental Plan 2012 is a matter for consideration in the assessment of the subject development application under Section 79C of the Environmental Planning and Assessment Act 1979 (as amended).

 

The following table considers the proposed development having regard to the zoning provisions and development standards contained in draft LEP that are of relevance to the subject development application:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning: R2 Low Density Residential

 

Is development permitted under zoning?

Dual occupancies (attached) are permissible within consent in the zone.

Attached dual occupancy.

Yes

Floor Space Ratio (Maximum)

0.5:1

0.62:1

No

Height of Building (Maximum)

9.5m

Less than 9.5m

Yes

Lot Size (Minimum)

400m2

 

 

Heritage:

·    Draft Heritage Item

·    Draft Heritage Conservation Area

·    In vicinity of draft item or area

None identified in the immediate vicinity.

N/A

N/A

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4          Excellence in urban design and development.

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

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal fails to comply with the relevant assessment criteria.  The proposal exceeds the development standard for floor space ratio.  The SEPP 1 Objection provided to justify the variation from the development standard cannot be supported hence the development application cannot be approved.

 

Additionally the assessment concluded that the proposal fails to comply with a number of the requirements contained within the Dwelling Houses and Attached Dual Occupancies Development Control Plan.  The proposal fails to achieve a desirable outcome in terms of floor space, bulk and scale; height, form and materials; building setbacks; visual and acoustic privacy and garages, carports and driveways.  The proposal will result in adverse impacts on the amenity of the adjoining premises and is not consistent with the character of the locality. 

 

The application is therefore recommended for refusal.

 

 


 

Recommendation

 

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

 

B.       That Council, as the consent authority, refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application No. 910/2011 for permission to demolish the existing structures and construct a two storey attached dual occupancy with lower level garages fronting Prince Edward Street and car spaces at rear with access from Austral Street, two swimming pools to front and associated works (SEPP1 Objection to floor space ratio control) at 130 Prince Edward Street, Malabar, for the following reasons:

 

1.       The SEPP 1 objection provided cannot be supported as it fails to adequately justify the variation to the development standard for Floor Space Ratio contained with the clause 20F of Randwick Local Environmental Plan (1998) Consolidation.

 

2.       The proposal does not satisfy the objectives of the 2A (Residential A Zone) in accordance with the Randwick Local Environmental Plan (1998) Consolidation.  Specifically the proposal does not satisfy the following:

 

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

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

(c)    to protect the amenity of existing residents.

 

3.       The proposal does not satisfy the objectives, performance requirements for floor space, bulk and scale, building setbacks, landscaping, visual and acoustic privacy, garages, carports and driveways set-out in the Dwelling Houses and Attached Dual Occupancies Development Control Plan.

 

4.       The proposal results in a bulk and scale which is unsatisfactory in regard to both the existing and likely future character of the area.

 

5.       The proposal in its current form is not within the public interest having regard to the extent of variation to relevant planning controls and does not satisfy Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                 10 July 2012

 

 

Development Application Report No. D73/12

 

 

Subject:                  31-31A Sackville Street, Maroubra (DA/451/2005/C)

Folder No:                   DA/451/2005/C

Author:                   Adrian McKeown, Environmental Planning Assessment Officer     

 

Proposal:                     Section 96 modification of approved development by way of an alteration to the balustrade on the rear first floor balcony. Original consent: Alterations and new two storey additions to the rear of the existing attached dual occupancy including new rear balconies, a new rear garage and a car space

Ward:                      Central Ward

Applicant:                Archman Design Services

Owner:                         Giavis Investments Pty Ltd.

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application has been referred to the Planning Committee for determination as the original application was determined at a Council meeting on 10 October 2006.

 

The Section 96(2) Application seeks consent to amend the approved development by making alterations to the approved balustrade on the rear first floor balcony. The balustrade has already been constructed and is larger than that which was originally approved.

 

It is noted that mediation was carried out during September 2006; between the applicant and neighbouring residents. This mediation related to the original proposal, which was for alterations and new two storey additions to the rear of the existing attached dual occupancy including new rear balconies, new rear garage and a car space. 

 

The application was notified to the surrounding properties and 2 objections were received. Issues raised in the objections include the impact of the proposal on neighbouring properties with regard to privacy, perceived visual bulk and scale, and view sharing.

 

The application is recommended for approval.

 

2.    The Proposal

 

Council’s Health, Building and Planning Committee resolved at a meeting on 11 July 2006 to refer the matter to mediation between the applicant and objectors. The primary issues raised by the objectors were the length of the proposal; the roof form and materials; and the impact of the proposed balcony on privacy and view loss.

 

On 10 October 2006, and following mediation, Council’s Health Building and Planning Committee issued a deferred commencement approval for DA/451/2005; for alterations and additions to the single storey semi-detached residence.

 

The deferred commencement conditions (relating to the first floor balcony only) included that the depth of the rear first floor balcony was to be reduced to 1.75m; and that a 1.2m high opaque balustrade was to be provided to the southern and western ends of the balcony.

 

Two subsequent Section 96 modifications were approved by Council including an application to extend the time period to satisfy the deferred commencement conditions (DA/451/A); and for the conversion of the approved single car space at the rear of the site into a garage and increasing the height of the existing garage by 5mm (DA/451/B).   

 

The proposed modification to the approved development includes alterations to the balustrade on the rear first floor balcony; such that the rear-facing balustrade for the first floor balcony has been constructed to the southern most edge of the balcony rather than being set back 1.75m from the rear external wall of the rear upper level living room. The applicant submits that this change is required in order to properly affix the 1.2m balustrades to the vertical columns of the building; and that this in order to comply with the wind-loading requirements of the building Code of Australia (BCA).

 

It is noted that the works to the balcony have been completed and that an associated privacy screen to the eastern end of the balcony has also been installed (see Figure 1 below).

 

Figure 1:  First floor balcony which has been constructed with privacy screen and balustrade to the southern most end of the balcony, as viewed from the rear yard of 33 Sackville Street.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the south-western side of Sackville Street between Bona Vista Avenue and Beaumonde Avenue in Maroubra and is presently occupied by an existing two storey attached dual occupancy. The site has a frontage width of 10.06 m, a side boundary depth of 41.15 m and has an overall site area of 413.97 m².  Neighbouring the property to the northwest and southeast are two storey dwellings. The surrounding area is residential in character and consists predominantly of one and two storey dwelling houses.

 

  

Figures 2 and 3:  The existing dual occupancy dwelling on the subject site, as viewed from Sackville Street and from the rear.

 

4.    Site History

 

DA/451/2005

An application was approved on the 10 October 2006 for alterations and new two storey additions to the rear of the existing attached dual occupancy including new rear balconies, new garage and car space.

 

DA/451/2005/A

An application was approved on the 18 September 2009 to extend the time period to satisfy the deferred commencement conditions.

DA/451/2005/B

An application was approved on the 3 June 2011 for the conversion of the approved single car space at the rear of the site into a garage and increasing the height of the existing garage by 5mm.   

 

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, floor space or landscaped area provision on site. 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.  As a result of this notification, the following submissions were received:-

 

5.2.1   Objections

 

Issue

Comment

27 Sackville Street, Maroubra

 

The approved balustrade was setback in order to maintain a view corridor. Large pillars on the edges of the approved dwelling detract from the view and the balustrade should be set back to enhance existing views.

 

The position of the balustrade was approved following mediation between the applicant and neighbours. What is the point of mediation if it is not adhered to?

 

 

 

 

 

 

 

 

 

 

 

The applicant has also indicated that the balustrade cannot be adequately supported with the current design. Surely this should have been considered in the building process?

 

 

 

The balustrade (as constructed) does not impede the primary views from the first floor balcony of 27 Sackville Street. See further discussion below - Part 9.2.

 

 

 

The mediated settlement was reached in order to reduce the perceived visual bulk and scale of the development and to reduce the privacy impacts of the proposed balcony. The visual bulk of the development has been properly addressed by way of a reduced roof form bulk and by reducing the length at the rear of the development. The amended balustrade does not contribute additional unreasonable bulk to the approved development as viewed from neighbouring dwellings (see Figures 6 & 7 below).

 

1.2m obscure glazing balustrades have been installed in order to minimise any adverse privacy impact on neighbouring dwellings. The applicant submits that wind loading issues were identified during the building process. The resultant construction methods used are compliant with the Building Code of Australia (BCA) and will also not impose any unreasonable impact on the neighbouring dwelling with regard to visual privacy. See further discussion below - Part 9.1.

33 Sackville Street, Maroubra

 

I signed a letter on 10 March 2012 granting concurrence with the as-built balustrade for the rear-facing balcony. My understanding was that the owner required this letter in order to obtain an occupation certificate.

 

I provided the owner with a note requesting that he complete the balustrade with obscured glazing and that he also construct a first floor window so that it is obscure glazing to its lower portion. I then signed the letter on 10 March 2012.

 

I feel that I owe the council an explanation of why I reconsidered the mediated agreement.  The intent of moving the balustrade back was for us to reduce bulk and overlooking.  The approved plans, with large pillars at the extremities define the bulk anyway independent of the balustrade location and the present alignment of the balustrade with the privacy screen and the pillars at least prevent overlooking to the side. All things considered we prefer an opaque window to the balustrade being located in the correct location.

 

Please ensure that the conditions I have on the attachment (Balustrade at 31 Sackville Street) be made part of the consent for this DA.

 

 

Deferred commencement condition number 5 for the consent (DA/451/2006) required that:

 

…The design and materials (for the required privacy screen) are to be mutually agreed between the applicant and the owner of No. 33 Sackville Street.

 

One of the 2 owners of 33 Sackville Street signed a letter on 20 March 2012 stating that they:

 

 

 

… have no objection to the first floor balcony balustrade at No 31 Sackville Street, Maroubra being positioned to the southern edge of the first floor balcony instead of 1.75m from the external wall of the first floor living room that was agreed upon at the mediation.

 

 

 

 

 

 

 

 

The requested conditions have been applied in that:

 

§ The balustrade to the rear part of the balcony is constructed using obscure glazing; and that

 

§ The approved plans for DA/451/2005 showed that the lower fixed panes for windows W4 and W5 were to be constructed as effective fixed privacy screens (marked on plans as ‘ps’).

 

5.2.2   Support

No submissions were received in support of the application. 

 

6.    Technical Officers Comments

 

The application was not required to be referred to any technical officers from Council.

7.    Master Planning Requirements

 

The subject site has an area of less than 10,000 square metres and is not subject to Clause 40A of the Randwick LEP 1998 (Consolidation).

 

8.    Relevant Environmental Planning Instruments

 

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

 

8.1      Randwick Local Environmental Plan 1998 (Consolidation)

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

 

Clause 10 - Zone No 2A (Residential A Zone)

The site is zoned 2A Residential under the Randwick Local Environmental Plan 1998 (Consolidation) and the proposal is permissible with Council's consent.  The proposal (as conditioned) is consistent with the aims of RLEP 1998 (Consolidation) and the specific objectives of the zone in that the proposed activity and built form will maintain the desirable attributes of established residential areas and protect the amenity of existing residents.

 

Clause 20E   Landscaped area

The proposal will not reduce the existing landscaped area (38%) and is considered to be consistent with the objectives and performance requirements of the RLEP. An increased area will be available for the use of the occupants of the first floor dwelling.

 

Clause 20F   Floor space ratio

The proposal will not further increase the approved floor space ratio for the site. (0.5:1) and is considered to be consistent with the objectives and performance requirements of the RLEP with regard to perceived visual bulk and scale.

 

Clause 20G   Building heights

The proposal will not further increase the approved maximum external wall height of the subject building. The amended development will be consistent with the objectives and performance requirements of the RLEP with regard to building heights.

 

Clause 29 Foreshore Scenic Protection Area

The site is identified as being within the Foreshore Scenic Protection Area. Council as the consent authority may only grant consent to this type of development after it has considered the probable aesthetic appearance of the proposed building in relation to the foreshore.

 

It is considered that the proposed development will have no impact on the foreshore and its aesthetic appearance as the proposal would not be visible from the foreshore area.

 

8.2      Provisions of any draft environmental planning instrument

 

8.2.1   Draft Randwick Local Environmental Plan 2012 (Draft LEP)

The following table considers the proposed development having regard to the zoning provisions and development standards contained in draft LEP that are of relevance to the subject development application:

 


 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning:

2A

 

Is development permitted under zoning? Yes

R2

Dual Occupancy

Yes

Floor Space Ratio 0.5:1

0.5:1

0.49:1 (No change from existing)

Yes

Height of Building 9.5m

9.5m

No change from existing

N/A

Lot Size (Minimum)

N/A

N/A

N/A

Heritage:

·    Draft Heritage Item

·    Draft Heritage Conservation Area

·    In vicinity of draft item or area

N/A

N/A

N/A

 

8.3      Policy Controls

Dwelling Houses and Attached Dual Occupancies DCP

The Dwelling Houses and Attached Dual Occupancies Development Control Plan, effective from 20 December 2002, is applicable to the subject proposal. The modification proposal has been assessed against the relevant provisions of the DCP:

 

·      The subject proposal will not alter the approved building height or the maximum external wall height of the approved development;

 

·      The proposed modifications will not alter the building footprint of the approved development. The modified balcony configuration will only result in minor changes to the façade composition of the southern and eastern elevations; and

 

·      The current proposal does not impose any additional unreasonable impact on the neighbouring dwelling with regard to visual privacy. 1.2m obscure glazed balustrades have been constructed to all sides of the balcony and a 1.8m privacy screen has been constructed to the eastern end of the balcony. Further it is considered that the enlarged balcony is not excessive in floor area and does not facilitate the congregation of large numbers of people within its margins.

 

Based on the above, the modification is considered to comply with the provisions of the Dwelling Houses and Attached Dual Occupancies Development Control Plan.

 

8.4      Council Policies

No Council policies are relevant to the proposal.

 

9.    Environmental Assessment

 

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

 

9.1      Visual Privacy

The 1.2m obscure glazed balustrade and 1.8m privacy screen to the eastern end of the balcony are considered to be satisfactory in terms of minimizing the impact on the neighbouring dwelling to the east (33 Sackville Street) with regard to visual privacy (see Figure 1 above). The balcony is also not considered to be large enough to facilitate large numbers of people at any one time and it is further noted that the rear yard of 33 Sackville Street is already substantially overlooked by neighbouring dwellings to the south of the site (see Figures 4 & 5 below).

 

  

Figures 4 & 5: Overlooking of the rear yard of 33 Sackville Street.

 

9.2      View Sharing

 

View Loss

An objection regarding potential view loss was received from the owners of a property to the west at 27 Sackville Street (see further discussion above – Part 4.2.1). The objection states that the balustrade should be set back to enhance existing views. Council’s Assessing Officer attended the dwelling at 27 Sackville Street on 28 June 2012 to assess the extent of the view loss resulting from the completed works.

 

The view loss impact to 27 Sackville Street is considered reasonable given the existing highly valued ocean view from the rear deck has been retained.  As such, further assessment against the established a Planning Principle given by the Land and Environment Court [Tenacity Consulting v Warringah (2004) NSWLEC 140] is not required.

 

 

Figures 6 & 7:  Primary views have been retained from the rear of 27 Sackville Street; towards the ocean to the east and Maroubra Beach to the south.

 


Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4          Excellence in urban design and development.

Direction 4A:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal complies with the objectives and performance requirements of the Dwelling Houses and Attached Dual Occupancies DCP. The proposed amendments to the approved development will not result in any unreasonable or significant adverse impacts upon the amenity of the adjoining premises and the character of the locality.

 

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/451/2005 for the modification of the approved development by an alteration to the balustrade on the rear first floor balcony 31-31A Sackville Street, Maroubra in the following manner:

 

Amend Condition No.1 to read:

1.     The development must be implemented substantially in accordance with the amended plans numbered 05/0026-1 and 05/0026-02, dated 17.01.06, and additional plans numbered 06/0026-4, dated 25.04.06, and 05/0026-3, dated 17.01.06 and received by Council on 2 June 2006, the application form and on any supporting information received with the application, except as may be amended by the Section 96 plan numbered 11/009, dated 10/03/2011 and received by Council on 28 April 2011, except as may be amended by the Section 96’C’ plans numbered 12/0005-1 and 12/0005-2, dated 21 March 2012 and received by Council on 22 March 2012, only in so far as they relate to the modifications highlighted on the Section 96 plan and detailed in the Section 96 application, and the details/amendments approved pursuant to the deferred commencement conditions and the following conditions as may be shown in red on the attached plans:

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                 10 July 2012

 

 

Development Application Report No. D74/12

 

 

Subject:                  488 Anzac Parade, Kingsford (DA/176/2012)

Folder No:                   DA/176/2012

Author:                   Chahrazad  Rahe, Assessment Planner     

 

Proposal:                     Change the use of the subject premises to Thai massage and beauty salon at first floor level and new signage

Ward:                      West Ward

Applicant:                Arkivis Pty Ltd

Owner:                         Mr Sotirios & Con Karatasas

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The application details change of use of the existing shop to beauty therapy and Thai massage business. In accordance with Council’s Resolution on 27 June 2006, the application is referred to the Planning Committee for determination as the proposed use involves massage services. 

 

It is not considered that the proposed use will be used for the purposes of providing sexual message services.  In this respect, the applicant provided documentation to Council detailing qualifications of staff members that have undertaken their Diploma of Remedial Massage. Hence, the proposed use as a beauty therapy and Thai massage business is legitimate and will have no unreasonable amenity impacts on the adjoining and near by residential zones.

 

The DCP for Outdoor Advertising states that the visual complexity of streetscape is to be reduced by providing fewer more effective signs. Signage 2 as indentified below in Figure 1 to the front of the façade along Meeks Street will cause visual complexity and clatter to the existing building façade and therefore, it is recommended that this sign be deleted from the submitted plans. 

 

The application is recommended for approval, subject to conditions.

 

2.    The Proposal

 

It is proposed to change the use of the existing shop from a Dentist business to Thai message and beauty salon business.  The proposal also includes two new flush wall signs on the south façade of the existing building in-between the windows.  The dimensions of the signs are 1.5m x 1.5m to align with the top and bottom of the existing window sills.  The signs contain the business name, the intended use, proposed trading hours and contact details of the business. 

 

The proposed hours of operation of the business are from Monday to Sunday from 10.00am to 10.00pm (7 days a week).  The proposed number of employees is 2 full time staff members.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the eastern side of Anzac Parade on the corner of Meeks Street and is a two story commercial building containing a number of existing commercial and business tenancies. The site has a street frontage of approx. 7m along Anzac Parade and a depth of approx. 34m along Meeks Street, with a site area of 211m². The premises has a right of way across the rear of the site which provides access to the adjoining premises at 486 Anzac Parade.

 

The premises is within the Kingsford Commercial Centre which contains a variety of business and commercial uses and nearby residential development.

 

4.    Site History

 

There is no history relevant to this particular application.

 

5.    Community Consultation

 

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

 

 

 

5.1 Objections

As a result of the notification, no submissions were received.

 

5.2 Support

No submissions in support of the proposal were received.

 

6.    Technical Officers Comments

 

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

 

Environmental Health comments

The Proposal

Council is in receipt of an application for the fit out of a vacant commercial premises to be used as a Thai remedial massage shop to be located at 898 Anzac Parade, Maroubra.

 

Key Issues

Compliance with Public Health Codes/Guidelines

 

Spoke to applicant by phone email confirmed that there will not be any skin penetration provided at the premises.

 

Assessing planner should take note that apart from massages, no beauty treatment or skin penetration activities have been proposed. Commencement of any other types of beauty or skin penetration activities will require another application for approval.

 

Proposed Hours of Operation

Monday to Sunday:     10:00am – 10:00pm

 

Appropriate conditions in relation to public health and safety have been included in this report to ensure compliance with the legislation and guidelines.

 

7.    Master Planning Requirements

 

No Master Planning requirements apply to the subject site.

 

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998

Clause 13 - No. 3A (General Business Zone)

The site is zoned 3A (General Business Zone) under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.

 

The proposal complies with the relevant objectives of the zone as it will improve the viability of the Kensington Town Centre by providing an economically viable commercial use and will service the needs of the local and regional community.  The proposal will not adversely impact the nearby residential areas; subject to deletion of signage 2 (as indicated below in figure 1), the proposed use will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

 

 

 

8.1    Policy Controls
a.    Development Control Plan - Kingsford Commercial Centre

The relevant aims and objectives of the Kingsford Commercial Centre DCP is to:

 

·      Encourage and facilitate the redevelopment within the Kingsford Commercial Centre,

·      Ensure that the redevelopment and infill development is compatible in character with existing development,

·      Illustrate a range of contributing facades that could be retained as examples in urban design. 

·      Minimise the potential of buildings within the commercial zone to adversely affect the amenity of the residential land, by implementing a building height plane around the commercial periphery.

 

The proposed new use is within a group of established commercial uses and the premises was until recently operated as a Dentist business.  The proposal does not seek to alter the external envelope of the building, however, signage is proposed to the front façade off Meeks Street.  As discussed below, signage 2 as indicated in Figure 1 will cause visual complexity and clatter to the existing building façade and therefore, it is recommended that this sign be deleted from the submitted plans.

 

Subject to the above recommendation, it is considered that the proposal will satisfy the broad aims objectives of the DCP by ensuring that the development will not adversely affect the amenity of any nearby residential uses.

 

b.    Development Control Plan - Outdoor Advertising

The objectives and controls of the DCP for outdoor advertising include that advertising is in keeping with the scale and character of the building to which it is attached and does not detract from the architectural style or features of the building, the visual complexity of streetscape is reduced by providing fewer more effective signs, and that the advertising must relate to the business or activity carried out at the premises.

 

It is proposed to provide two new flush wall signs on the south façade of the existing building in-between the windows.  The dimensions of the signs are 1.5m x 1.5m to align with the top and bottom of the existing window sills.

 

The DCP for Outdoor Advertising states that the visual complexity of streetscape is to be reduced by providing fewer more effective signs. Signage 2 as indentified below in Figure 1 to the front of the façade along Meeks Street will cause visual complexity and clatter to the existing building façade and therefore, it is recommended that this sign be deleted from the submitted plans.  Signage 1 as indentified below in Figure 1 is considered acceptable and will consistent with the traditional signage in the area and will not detract from the character and overall design of the existing building.

 

The signage relates to the identified business and activity carried out on the premises (refer to Figure 2 below) and will satisfy the relevant objectives and controls of the DCP for Outdoor Advertising in Business zones. 

 

 

 

 

Signage 2

 

Signage 1