Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 14 August 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                                                                                             14 August 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, 14 August 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 - 10 July 2012

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Mayoral Minute

MM62/12   High Water Table Issues in Kensington

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.

D76/12      22 Houston Road, Kingsford (DA/204/2012)

D77/12      801-899R Bunnerong Road, Chifley (DA/949/2011)

D78/12      27 Liguria Street, Maroubra (DA/895/2011)

D79/12      103 Botany Street, Randwick (DA/84/2010/B)

D80/12      15 Stanley Street, Randwick (DA/358/2012)

D81/12      53 Rainbow Street, Kingsford (DA/43/2012)

D82/12      1 Fleming Street, Little Bay (DA/1113/2010/D)

D83/12      34 Winchester Road, Clovelly (DA/415/2012)

D84/12      220-220A Clovelly Road, Randwick (DA/405/2011)

D85/12      20 Gordon Avenue, Coogee (DA/340/2012)

Miscellaneous Reports

Nil   

Notice of Rescission Motion

NR6/12      Notice of Rescission Motion from Crs Andrews, Matthews and White - 2 Goodwood Street, Kensington  

 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Planning Committee Meeting                                                                                 14 August 2012

 


Mayoral Minute No.  MM62/12

 

 

Subject:                  High Water Table Issues in Kensington

Folder No:                   F2004/07209

Author:                   Councillor Scott Nash, Mayor

Do not delete this line

Introduction

 

Text Box: MM62/12On Tuesday 31 July 2012, I met with a group of local Kensington residents (including the Chairperson of the Kensington and West Kingsford Precinct Committee) and the Deputy Mayor to discuss concerns in the community about conditions of consent imposed by Council on developments in Kensington. 

 

The central concern of the group of local residents related to the conditions imposed by Council in respect of geotechnical issues, and in particular the excavation and dewatering processes that are undertaken on development sites in Kensington where there is a relatively high water table. 

 

Issues

 

The concerns raised by local residents arose, more recently, as a result of Council’s consideration of Director City Planning Report No. CP47/12 relating to the development application for 2 Goodwood Street, Kensington (DA/195/2012). 

 

Clause 6.3 of that report provided:

 

6.3 Geotechnical Issues

 

Excavation is necessitated to a depth of approximately 6.2m or RL21.45 in order to create basement parking. The proposed development has been reviewed by the NSW Office of Water in relation to de-watering and, in addition, reviewed by Council’s Development engineering department (see detailed comments below). General Terms of Approval have been issued by the Office of Water, which have been included in the recommendation of this report.

Conditions of consent have been recommended to ensure that the basement car park and associated structures are to be suitably tanked and waterproofed. Additionally, a report, prepared by suitably qualified and experienced Geotechnical, Hydrological and Structural Engineers will be required to be submitted to and approved by the Certifying Authority or an accredited certifier, prior to issuing a Construction Certificate, detailing the proposed method of excavation and the dewatering process.

 

The relevant conditions of consent addressing geotechnical issues relating to excavation and dewatering are conditions 42 – 45. 

 

The group of local residents that I met with would like Council to review and reconsider the standard conditions of consent that are imposed on developments in Kensington.  Their request arises from concerns that some buildings in the Kensington area have suffered from cracking which may be caused by the actions of developers who do not adopt and implement proper and appropriate procedures when excavation and de-watering processes are undertaken on neighbouring development sites. 

 

Cracking can be experienced in buildings which neighbour the development sites, and also the buildings erected on the development sites themselves.

 

In my opinion, given the nature of the concerns raised, Council should review the conditions which are imposed on development consents relating to excavation and dewatering, in particular having regard to the relatively high water table in Kensington.

 

Financial impact statement

 

There is no direct financial impact for this matter.

Text Box: MM62/12 


Conclusion

 

Kensington residents have valid concerns that the actions of developers in Kensington may be causing cracking of buildings being erected on the development sites themselves and in neighbouring buildings because of a failure to adopt and implement proper and appropriate procedures when excavation and dewatering processes are undertaken.

 

I would like Council to review this issue to ensure that at all times, developers in Kensington (having regard to the relatively high water table) are using appropriate excavation and dewatering procedures on their development sites.

 

Do not delete ts line

Recommendation

 

That:

 

a)           Council review, in a manner within its power and in consultation with the community including the Kensington and West Kingsford Precinct Committee, the concerns of Kensington residents, namely, that the actions of developers in Kensington may be causing cracking of buildings being erected on the development sites themselves and neighbouring buildings because of a failure to adopt and implement proper and appropriate procedures when excavation and dewatering processes are undertaken; and

 

b)           a report be brought back to Council which reviews Council’s standard conditions of development consent relating to excavation and dewatering processes.

Do not delete this line

Attachment/s:

 

Nil

 

 

 

 


Planning Committee                                                                                             14 August 2012

 

 

Development Application Report No. D76/12

 

 

Subject:                  22 Houston Road, Kingsford (DA/204/2012)

Folder No:                   DA/204/2012

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Construction of secondary dwelling (SEPP 1 Objection to Floor area)

Ward:                      West Ward

Applicant:                D & J Wong

Owner:                         D & J Wong

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.      Executive Summary

 

The application details the erection of a secondary dwelling within the rear of the site. The application is referred to the Planning Committee for determination as the application includes a SEPP 1 Objection to the maximum floor area control in the State Environmental Planning Policy –Affordable Housing which limits the size of a secondary dwelling to 60m². The proposal seeks to vary this standard by 8m².

 

The main issue is the impact of the development upon the amenity of the adjoining properties.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details the erection of a secondary dwelling within the rear of the site with access from Houston Lane at rear. The dwelling comprises two bedrooms, a lounge, bathroom and kitchen and includes landscaping to the surrounds and an adjoining parking area with access of Houston Lane at rear. The secondary dwelling has a floor area of 68m².

 

The proposal as originally submitted has been amended to delete reference to an upper level attic/store.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the eastern side of Houston Road and has overall dimensions of 7.925m x 50.29m with a site area of 399m². The locality is a 2B zone and includes a mixture of single and multi occupancy dwellings.

 

4.    Site History

 

There is no relevant site history.

 

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

 

The proposal seeks to vary development standards contained in the SEPP – Affordable Housing. The following SEPP 1 objection has been submitted to Council.

 

The maximum floor area of a secondary dwelling is no more than 60m². The proposed variation is summarized in the table below:

 

 

Floor Area

Proposal

68m2

SEEP Affordable Housing

60m2

Excess above or less than the

13.5% excess (8m2)

 

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 underlying purpose of the control is to limit the floor area of the building to ensure that the building is a secondary dwelling only and does not result in any unreasonable impacts as a result of the bulk and scale of the building upon the adjoining residential development.

 

The applicant has lodged a submission seeking support for the variation with the following arguments provided;

 

a)     The proposed floor area is 68.16m², as per the SEPP Gross Floor Area Definition, with the area within the outer walls being 60m².

b)     The site is bounded by two townhouse sites to the north, with one such development fronting the lane, and a child care centre to the south with a two storey rear lane building. As such, our proposed development forms an infill to the rear lane.

c)     Total resulting floor space ratio is 0.39:1, including the existing dwelling, which is within total site net FSR requirements as stated in DCP – Dwellings Houses and Attached Dual Occupancies, 2000. Total allowable FSR is 0.6:1.

d)     Building location zone at the front and rear of the proposed secondary dwelling forms a median rear position between the two adjacent properties.

e)     The additional size of the secondary dwelling does not inhibit or detract from current amenity to adjacent developments.

 

The applicants arguments have merit in that the degree of non compliance to the floor area maximum is not substantial and will in itself not result in any unreasonable impacts to the amenity of the adjoining properties as there will not be a significant amount of overshadowing upon the adjoining property as the development is of a single storey nature only and there will be no overlooking into private living areas of the adjoining properties as the windows of the building will be screened by existing side boundary fencing between the properties. It is also noted in the context of the immediate locality which includes a number of multi unit housing developments, that the combined total floor space ratio of the dwelling and secondary dwelling at 0.37:1 remains significantly less than the maximum preferred solution in the DCP when used as a guide for a merit assessment. 

 

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

 

Matter 3

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

 

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

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

 

The proposed development and variation from the development standard do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not allow the best use of the site and there is no public benefit in maintaining the planning 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 standards is unreasonable and unnecessary as the design scheme will achieve the objectives of the development standard.

 

Second

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

 

Comments:

The 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 will 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 area control 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 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.  The following response has been received.

 

Issue

Comment

4 Barker Street Kingsford

 

-There are concerns that there is a sewage pipe within the rear yard of the property which may be affected by the proposed development.

 

 

 

 

-The site is under 400sqm and according to the policy a SEPP 1 is required, is this accessible to the public. A SEPP 1 Objection was not originally lodged with the application, the objection was required as the proposal exceeds the floor area control in the SEPP Affordable Housing. The SEPP 1 Objection to the floor area control is discussed in detail above.

 

 

 

 

 

A condition of consent is included to require that the proposal be submitted to Sydney Water to determine whether or not the proposal will affect Sydney Water’s sewer and water mains prior to the release of a Construction Certificate for the development.

 

The proposal has been considered under the SEPP Affordable Housing which permits the consideration of a secondary dwelling subject to compliance with the controls in the SEPP. A SEPP 1 Objection to the planning controls has been lodged for consideration in relation to the floor area of the secondary dwelling. See detailed discussion in relation to the SEPP Affordable Housing below.

 

7.    Technical Officers Comments

 

The application has been referred to Council’s Development Engineer for comment. Advice has been provided that there are no objections to the proposed development and conditions have been recommended for inclusion with any consent in relation to the installation of landscaping in accordance with the submitted landscaping proposal, stormwater drainage, access and preparation of a detailed Construction Site Traffic Management Plan.

 

 

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

The site is zoned 2B under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

8.2    State Environmental Planning Policy (SEPP) - Affordable Rental Housing 2009

The SEPP was introduced on 31 July 2009 to increase the supply and diversity of affordable rental and social housing in NSW. The SEPP was amended on 20 May 2011 to require new in-fill development; low rise development; boarding houses, and Housing NSW proposals to be subject to a local character test to ensure that developments are consistent with the design of the local area and the affordable housing component being provided as a percentage of the total floor space. The amendment does not change provisions for other types of accommodation such as granny flats, group homes and supportive accommodation.

 

This application has been submitted seeking consent under Division 2 of the SEPP: Affordable housing 2009 for Secondary dwellings and its provisions will not be affected by the abovementioned review. Under Division 2 the following clauses are relevant:

 

Clause 19 Definition

The proposed development falls within the scope of the definition of a secondary dwelling in that it entails development for the purposes of a secondary dwelling by use of a structure which is not an individual lot in a strata plan or community title scheme.

 

Clause 20 Land to which this division applies

This subject site is located on 2B zoned land which is equivalent to Zone R3 Low Density Residential identified under the SEPP Affordable Rental Housing 2009 and the development for the purposes of a secondary dwelling is permissible on the land.

 

Clause 21 Development to which Division applies

The proposed development for a secondary dwelling may be carried out with consent under this SEPP subject to Clause 22 below.

 

Clause 22   Development may be carried out with consent

Under Subclause 3(a) & (b) the following criteria apply:

 

(a)     the total floor area of the principal dwelling and the secondary dwelling must be no more than the maximum floor area allowed for a dwelling house on the land under another environmental planning instrument, and

 

(b)     the total floor area of the secondary dwelling is no more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.

 

Whilst clause (a) above does not apply, the total floor area of the principal and secondary dwelling is 148m² which does not exceed the preferred solution floor space ratio in the Development Control Plan for Dwellings and Attached Dual Occupancies. The proposed secondary dwelling has a total floor area of 68m² which exceeds the above control and a SEPP 1 Objection has been lodged arguing that strict compliance with this control is not necessary.

Clause 23   Complying development

The proposed development is not complying development as defined under the SEPP as it forms part of the proposed development of the existing structures which are detailed in a Development Application.

 

Clause 24   No subdivision

The proposed development does not result in any subdivision of the lot on which development for the purposes of the secondary dwelling has been carried out under this Division.

 

8.3 Development Control Plan – Dwellings and Attached Dual Occupancies

Whilst the DCP does not strictly apply, the proposal has been assessed using the DCP in the context of a merit assessment.

The Dwellings and Attached Dual Occupancies DCP contains objectives, performance requirements and preferred solutions. Applications are assessed on how well they achieve the objectives and performance requirements, whilst the preferred solutions illustrate a way the performance requirements may be achieved.

The following table is derived from the preferred solutions contained in Part 4 of the Dwellings and Attached Dual Occupancies DCP. The preferred solutions (rather than the performance requirements) have been used in the table as they provide a simple, and quantifiable way of achieving compliance. Where the applicant has chosen to address a performance requirement through a means other than the suggested preferred solution, a detailed assessment of the proposal against the relevant performance requirement is provided.

 

Proposal

Compliance with preferred solutions of DCP for Dwellings

Landscaping

The total area of landscaping to the site equates to 53% of the site area with the soft landscaping is 39% of the site area. The minimum dimensions comply also.

Yes

Floor Space ratio

The total floorspace ratio of the dwellings is 0.37:1.

Yes

BuildingHeights

The external wall height of the building is 2.8m with an overall height of 4.9m.

Yes

Building Setbacks

The secondary dwelling is sited 1899mm from the rear lane boundary and 900mm from 915mm from both side boundaries.

Yes

Garages/carspaces

One space is provided for the rear secondary dwelling, which is in addition to the existing car space at the front of the dwelling.

Yes

 


9.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

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

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

See comments below.

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

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

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

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

 

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

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

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

 

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

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

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

 

Draft Randwick Local Environmental Plan 2012 (Draft LEP)

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

 

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

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning: R3 Medium residential

 

Is development permitted under zoning?

Development for the purpose of dwellings is permitted within this zone.

The application details the erection of a dwelling which is permissible.

Yes

Floor Space Ratio (Maximum)

0.75:1

0.37:1

Yes

Height of Building (Maximum)

9.5m

5.1m

Yes

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

Direction 4b:      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, where non compliance results, the proposed development is considered to have satisfied the underlying objectives of the relevant standard. The proposed development will not result in any significant or 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.

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with State Environmental Planning Policy – Affordable Housing relating to maximum floor area of secondary dwellings on the grounds that the proposed development complies with the objectives of the SEPP – Affordable Housing 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. 204/2012 for the construction of a secondary dwelling at 22 Houston Road Kingsford 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 by Council on

Plan No. PD120710 page 1

Greg Prentice

30/4/2012

11/7/2012

Plan No. PD120740 page 2

Greg Prentice

30/4/2012

11/7/2012

Plan No. PD120710 page 3

Greg Prentice

30/4/2012

11/7/2012

Plan No. PD120710 page 4

Greg Prentice

30/4/2012

11/7/2012

Plan No. PD120710 page 5

Greg Prentice

30/4/2012

11/7/2012

 

BASIX Certificate

No.

Dated

 

A420026S

28 March 2012

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

External Colours, Materials & Finishes

3.       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

4.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $ 104 500, the following applicable monetary levy must be paid to Council: $ 522.50.

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·           $1000.00    -      Damage/Civil Works Security Deposit

 

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

 

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

 

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

 

Design Alignment levels

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

·        180mm above the invert of the gutter at all points opposite the gutter, along the full site frontage in Houston Lane.

 

The design alignment levels at the property boundary as issued by Council and their relationship to the gutter must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0881.

 

8.       The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $135.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

9.       The gradient of the internal carspace 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 documentation.

 

Stormwater Drainage

10.     Prior to the issue of a construction certificate, detailed drainage plans with levels reduced to Australian Height Datum (AHD), shall be prepared by a suitably qualified Hydraulic Engineer and be submitted to and approved by the certifying authority.  A copy of the plans shall be forwarded to Council, if Council is not the certifying authority.

 

The drainage plans must demonstrate compliance with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing and Drainage - Stormwater Drainage) and the relevant conditions of this development approval.

 

11.     Stormwater runoff from the proposed granny flat  shall be discharged either:

 

a)       To the kerb and gutter along the site frontage in Houston Lane by gravity (without the use of a charged system); OR

 

b)       To the kerb and gutter along the site frontage in Houston Road by gravity via the existing stormwater drainage system (without the use of a charged system); OR

 

c)       To a suitably sized infiltration area. As a guide the infiltration area shall be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area on the site. Infiltration systems shall be located a minimum 2.1 metres from any side or rear boundary and 3 metres from adjoining structures.

 

Prior to the use of infiltration, a geotechnical investigation will be required to determine whether the ground is suitable for infiltration. Should rock and/or a water table be encountered within two metres of the proposed base of the infiltration pit, or the ground conditions comprise low permeability soils such as clay, infiltration may not be appropriate.

 

12.     Prior to discharge of the stormwater to Council’s street drainage system in Houston Lane or to an absorption/infiltration system a sediment/silt arrestor pit must be provided within the site and is 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.

·         Be constructed immediately adjacent to the street boundary (in the case of discharge to Houston Lane).

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

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

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

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

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

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

 

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

 

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

13.     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

14.     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

15.     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

16.     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

17.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, 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

18.     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

19.     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

20.     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 & Construction Waste

21.     A Demolition and Construction Waste Management Plan (WMP) must be development and implemented for the development.

 

The Waste Management Plan must provide details of the type and quantities of demolition and construction waste materials, proposed re-use and recycling of materials, methods of disposal and details of recycling outlets and land fill sites.

 

Where practicable waste materials must be re-used or recycled, rather than disposed and further details of Council's requirements including relevant guidelines and pro-forma WMP forms can be obtained from Council's Customer Service Centre or by telephoning Council on 9399 0999.

 

Details and receipts verifying the recycling and disposal of materials must be kept on site at all times and presented to Council officers upon request.

 

Sydney Water

22.     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

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

 

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

 

Construction Traffic Management

25.     Prior to the commencement of any works on the site, an Application for a ‘Works Zone’ and Construction Traffic Management Plan must be submitted to Councils Integrated Transport Department, and approved by the Randwick Traffic Committee, for a ‘Works Zone’ to be provided in the vicinity of the site  for the duration of the demolition & construction works. 

 

The ‘Works Zone’ must have a minimum length of 12m and extend for a minimum duration of three months.  The suitability of the proposed length and duration is to be demonstrated in the application for the Works Zone.  The application for the Works Zone must be submitted to Council at least six (6) weeks prior to the commencement of work on the site to allow for assessment and tabling of agenda for the Randwick Traffic Committee.

 

The requirement for a Works Zone may be varied or waived only if it can be demonstrated in the Construction Traffic Management Plan (to the satisfaction of Council’s Traffic Engineers) that all construction related activities (including all loading and unloading operations) can and will be undertaken wholly within the site.  The written approval of Council must be obtained to provide a Works Zone or to waive the requirement to provide a Works Zone prior to the commencement of any site work.

 

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

 

a)     commencement of any site work [or]

b)     a construction certificate being issued for the development.

 

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

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

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

27.     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

28.     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

29.     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.

 

Sediment & Erosion Control

30.     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

31.     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

32.     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.

 

33.     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.

 

Survey Requirements

34.     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.  

 

Tree Management

35.      Approval is granted for the removal of the 3 Cocos palms in the rear yard as they are an exempt species under Council’s Tree Preservation Order.

 

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

36.     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

37.     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.

 

Council’s Infrastructure, Vehicular Crossings, street verge

38.     Prior to the issuing of an occupation certificate the applicant shall, at no cost to Council dedicate a 0.7 metre wide strip of land along the full site frontage in Houston Lane for road widening purposes via a ‘Plan of Survey’. The strip of land is required to facilitate the provision of a concrete footpath along the site frontage in Houston Lane.

 

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

b.       Construct a full width concrete footpath (between back of kerb and new boundary after road widening) along the full Houston Lane site frontage.

40.     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.

 

41.     All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works" and the following requirements:

 

a)     All work on Council land must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

 

b)     Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to issuing an occupation certificate, together with payment of the relevant fees.

 

c)     If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

 

d)     The civil works must be completed in accordance with Council’s conditions of consent and approved design and construction documentation, prior to occupation of the development, or as otherwise approved by Council in writing.

 

Stormwater Drainage

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

 

43.     Should stormwater be discharged to an infiltration system then prior to occupation of the development, a "restriction on the use of land” and “positive covenant" (under section 88E/88B of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite infiltration system is maintained and that no works which could affect the design function of the 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 on 9399-0881.

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

 

Landscaping

44.     The PCA must ensure that landscaping at this site is installed substantially in accordance with the approved landscape plan by Prentice Design, drawing number PD120303, and stamped by Council, 15th May 2012 prior to issuing of an Occupation Certificate, with the owner/s to ensure it is maintained in a healthy and vigorous state until maturity.

 

OPERATIONAL CONDITIONS

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

 

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

 

External Lighting

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

 

ADVISORY NOTES

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

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

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

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

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

 

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

 

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

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

A10     The application is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                             14 August 2012

 

 

Development Application Report No. D77/12

 

 

Subject:                  801-899R Bunnerong Road, Chifley (DA/949/2011)

Folder No:                   DA/949/2011

Author:                   Willana Associates, Pty Ltd     

 

Proposal:                     Remediation, reshaping and contouring of Chifley Sports Reserve to create sports fields and 3 car park areas, installation of 12x28 metre high lights, 11x25 metre high light, and 21 x 8 metre high lights and lighting to also be provided in car parks

Ward:                      South Ward

Applicant:                Randwick City Council

Owner:                         NSW Department of Lands - Crown Land Division

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application has been referred to an external consultant for an independent assessment as it involves works to a reserve under the care, control and management of Council.

 

The application is for the remediation and recontouring of the existing Chifley Sports Reserve (the Site).   The proposal is also for the installation of lighting to the senior baseball field, the junior baseball field, the multi sports field and the parking areas. 

 

The proposed remediation is in accordance with the submitted Remediation Action Plan, for the Site which is affected by contaminates. As a result of the remediation, the Site will be recontoured to allow for the new layout of the Reserve and the associated playing fields.  The development application has been referred to Council’s Development Engineer to assess the proposed approach. 

 

These works will be undertaken in accordance with the Chifley Sports Reserve Plan of Management, which specifies the layout proposed and the specified uses.

 

The Site is Crown Lands and is managed by Randwick City Council.  Owner’s consent for the lodging of the application has been provided.    

 

The application has been exhibited and one (1) submission was received.  The submission has been assessed in terms of the impact of the proposed works.

 

The subject site is surrounded by a mixture of development, including residential, industrial, private open space and a cemetery.  On the opposite side of Bunnerong Road to the Site is a Local Heritage Item.  The proposed works are unlikely to have any impact of the heritage fabric of the area.

 

The application is generally consistent with both the Randwick Local Environmental Plan (Consolidation) 1998 and the Chifley Sports Reserve Plan of Management, which governs the use of the Site. The proposal is permissible within the prescribed 6A Open Space Zone.

 

The application is recommended for approval.

 

2.    The Proposal

 

The proposal is for an upgrade to the park area involving:

 

-      Remediation of contaminated lands as described in a Remediation Action Plan prepared for the Site by CH2MHill;

-      Reshaping and contouring of the Site to provide for the major redevelopment of the sporting fields in accordance with plans being assessed separately under Part 5 of the EP and A Act, and

-      The installation of lighting towers to provide competition level lighting to the sporting fields.

 

The Site will include two parking areas (one to the north of the Site and the other along the western boundary, adjacent to Bunnerong Road), a senior baseball field, a junior baseball field, a multisport field and associated paths, bins and bubblers.  The existing buildings will be retained. 

 

The lighting will be in three forms across the Site, including the installation of 12x28 metre high lights, 11x25 metre high lights and 21x8 metre high lights.  Image 1 below indicates the Site layout and lighting.

 

Image 1 | Proposed site layout and lighting.

 

Amended plans were provided to ensure consistency with the Vegetation Management Plan prepared by Australian Wetlands Consulting, dated 28/03/12.   Image 2 below indicates the amended section of the Site.  As a result the following amendments to the design were made:

 

-      The planting was altered to include an Eastern Suburbs Banksia Scrub Buffer Planting Schedule.

 

-      Alterations to the kerb return to the west of the northern car park.  The provision of additional details relating to the nature of the amended kerb return which is identified as kerb return F.

 

-      The inclusion of an Eastern Suburbs Banksia Scrub Buffer Area to the north and west of the northern car parking area. 

 

-      The provision of a Vegetation Management Plan – Eastern Suburbs Banksia Scrub Buffer Planting Layout

 

-      The provision of a Vegetation Management Plan - Eastern Suburbs Banksia Scrub Buffer Planting Details

Image 2 | Amended section of the plan.

 

Image 3| Aerial view of subject site, (www.nearmaps.com).

 

 

 

3.    The Subject Site and Surrounding Area

 

Chifley Sports Reserve is located in Chifley NSW, approximately 14km southeast of the Sydney CBD on the corner of Bunnerong Road and Little Bay Road, Chifley. The Reserve has an area of 7.7 hectares and is identified as a ‘district park’ under Randwick Council’s classification of parks.

 

Four softball/ baseball diamonds currently occupy the northern portion of the Site and surround an amenities building (see Image 3). A cricket oval is located in the southern half of the Site. An informal car park and vehicle access is off Bunnerong Road. The current configuration was implemented in the late 1980’s.

 

The southern half of the Site has been filled, resulting in a large embankment along the Bunnerong and Little Bay Road frontages. There is no significant vegetation, consisting mostly of weeds and introduced species, particularly along the embankment and boundaries of the Reserve.

 

4.    Site History

 

The Reserve was established and dedicated for athletic sports for women by the Crown in 1955 and the Women’s Amateur Sports Council was appointed as the Reserve Trust Manager.

 

Council’s records indicate that during the 1950/60s a public tip operated, collecting ‘clean’ household and building waste to provide the fill needed to create level sports fields.  During this period illegal dumping was also reported. The NSW Government declared the Site ‘unhealthy’ in 1975 as a precaution reflecting the past use as a tip.

 

Further filling and leveling was undertaken in 1984/85 with material from the demolition of the Bunnerong Power Station.  The Site was capped with top soil and the playing fields were re-established to accommodate softball and cricket.

 

In 2008, Council was appointed Reserve Trust Manager and the public purpose was amended to remove the dedication for women’s sports and replace it with a general dedication for public recreation and community purposes. The Reserve was also expanded when a portion of unmade road (formally Leichhardt St [Lot 7093 DP 1120572]) was added to the western side of the Reserve on 6 June 2008.

 

In 2010 a Plan of Management was prepared for the Reserve and was subsequently exhibited.  The Plan of Management was endorsed by Randwick Council on 27 July 2010.  The Plan of Management details the vision for the Site and an action plan to manage the ongoing use of the Site.

 

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

 

108 Macquarie Street, Chifley

 

Issue

Comment

Drainage

Concern was raised about the potential impact of the proposed works on the existing drainage problems experienced on the Site.

The proposal includes a drainage management plan and associated works include extensive resurfacing and levelling, which will address existing drainage problems.

Asbestos

Concerns were raised about the potential for contamination of the Site.

The contamination issues on the Site have been extensively addressed in the application and will be implemented with stringent monitoring as detailed in the information provided with the application.

Rubbish and dumping

Concern was raided about the potential for additional and continued waste dumping.

The proposal will ensure that the existing condition of the Reserve is improved and the existing overgrown vegetation is replaced, the Site maintained and allow for additional passive surveillance of the Reserve, reducing the risk of anti social behaviour.

After hours noise

What steps is the Council taking to ensure the minimisation of noise outside standard hours. Will the facility be locked at the entrance of Bunnerong Road as per the current situation?

As previously stated it is likely that antisocial behaviour will be reduced as a result of the upgrade to the Reserve.  The proposal will improve the lighting and formalise the landscaping on the Site improving the amenity which in most cases result in a reduction in antisocial behaviour. 

Additionally, the works will result in the Reserve accommodating additional and more formalised use.  This additional use will increase the passive and active surveillance of the Reserve and reduce its use for antisocial purposes. 

It is recommended that a condition is included restricting lighting of the sports fields until 9pm, so as not to encourage late night use that could disturb neighbours.

Parking in front of 106 Macquarie St

It appears that in addition to the sports reserve there are plans on display for a walking track, which also appears to traverse the aforementioned watercourse. This will restrict any visitor parking on that side of the unformed road.

These works are outside this development application and will be addressed when these works are proposed to be carried out.

 

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

 

Drainage Comments

On site stormwater detention is not required for this development.

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

 

In considering a number of previous applications for this site Council has referenced the significant amount of unauthorized filling that has occurred over a number of years. This filling potentially blocked previously existing overland flowpaths and buried stormwater junction pits. Given that the fill has been in existence for such an extended period of time, and that the development proposal plans to remediate the site without removal of the fill, drainage conditions for this application only seek to ensure that the proposed works do not raise existing/current flood levels upstream, downstream or adjacent to the development site for storm events up to the 1% AEP. The conditions of consent therefore ensure that no adverse stormwater impacts on areas upstream, downstream or adjacent to the development site occur as a result of the development proposal. This application, however, will not condition removal of the fill material as the cost associated with these works would make the project financially unviable.

 

Conditions relating to discharge points for the internal stormwater system have also been included aimed at minimizing any additional nuisance flooding to Macquarie Street.

 

Standard drainage conditions relating to the design of the internal stormwater system have been included within this report.

 

Traffic Comments

Two separate traffic impact reports have been submitted with the subject application. Both reports indicate that the proposed entry/exit arrangements for the development site, entry/exit arrangement for the cemetery and parking provision are adequate.

 

The proposed development was referred to the RMS for comment. The RMS has recommended consideration be given to the provision of a roundabout at the main entry/exit point in Bunnerong Road, (see RMS letter reference SYD11/01105/02). Council’s City Services Department has previously investigated the roundabout option however insufficient land is available to accommodate this option. Other recommendations of the RMS have been included within this report.

 

Parking provision – The parking provision is generally satisfactory based on the parking analysis provided with the development application. A total of 164 spaces are provided in 2 separate carparks within the site and it is estimated that an additional 8-10 spaces will be provided in little bay Road.

 

Carpark layout – all carspaces, circulation aisles etc must comply with the relevant sections of AS2890.1

 

Civil Works Comments

Standard civil works comments have been included within this report.

 

Landscape Comments

While Eastern Suburbs Banksia Scrub exists in this area, the proposal has been assessed as unlikely to have an affect on any species or communities listed under the Threatened Species Conservation Act 1995, and therefore, a Species Impact Statement is not required.

 

The application included an assessment of flora and fauna possible affected by the proposal and Total Earth Care undertook a peer review of the submission. The Assessment Planner is requested to include conditions that reflect the findings of the peer review.

 

Together with specific conditions relating to protection of any Eastern Suburbs Banksia Scrub standard landscape conditions have been included for the proposed development.

 

6.2    Environmental Health Officer

 

The Proposal

The proposed development includes remediation of Chifley Sports Reserve to maintain the public recreation, community and sporting land use, making the site suitable for ongoing land use without unacceptable risk to human health or the environment.

 

Key Issues

Contamination

The Statement of Environmental Effects prepared by MG Planning Urban Planners includes the background and history of Chifley Sports Reserve (the site). During the 1950s and 60s the site was used as a public tip collecting clean fill to create a level playing field. Further filling was undertaken in the mid 1980s and the site was capped with top soil.

 

Given the site history a Phase 1 investigation was performed by MPL (2005) that highlighted potential risks due to landfill gas and contaminated groundwater.

 

As a result CH2M Hill Australia Pty Ltd was commissioned by Randwick City Council to conduct a Detailed Site Investigation (DSI) of the site and the final report (Project No: 406719) dated July 2010 was submitted to Council.

 

The DSI revealed that contaminant levels in soil samples collected from the site were generally found to be below the adopted site assessment criteria with the exception of a few specific locations where site reuse criteria were exceeded and management or remediation of material is required.

 

Soil material at the site is preliminarily classified as General Solid Waste, with the exception of some asbestos contaminated material which would require disposal as Special Waste.

 

Groundwater samples collected from the ground water monitoring wells (GWMWs) generally reported levels of contamination below the adopted criteria with the exception of ammonia, copper and zinc that were identified above adopted site criteria. These exceedances are considered minor and likely to be of low risk to the receiving environment.

 

Soil gas monitoring was undertaken and it was determined that the landfill is actively gassing, though lateral flow of the landfill gas towards offsite receptors is low as the subsequent risk.

Due to the contamination identified at the site, management and remediation is required prior to or during redevelopment in order to reduce any potential risk to site workers and future users of the site as well as to continue to assess risks to offsite receptors.

 

Following the contamination identified in the DSI a Remediation Action Plan (RAP) was prepared by CH2M HILL Australia Pty Ltd (Report no. 406719.01.04) dated September 2010.

 

The proposed remediation strategy for soil contamination at the site is to cap locations where the contamination is present within surface soils. With consideration to ANZECC (1999) guidelines, the capping of these areas is to comprise validated certified landscaping material to a depth of 0.3-0.5m or a continuous hardstand such as pavers, concrete or bitumen in certain areas. The material is to be placed in a manner which restricts the potential exposure to park users from direct contact with the contaminated material.

 

In accordance with the NSW EPA (1996) ‘Environmental Guidelines: Solid Waste Landfills’  reports that landfill gas must not accumulate in buildings and pose danger of explosion or health risk to the community. Furthermore, buildings identified as having the potential for the accumulation of methane are to “be designed so as not to accumulate methane gas”. A potential low to moderate risk of landfill gas accumulation beneath building structures at the site has been identified during the DSI. A combination of passive gas protection measures including ventilation of confined spaces within building, installation of a well-constructed ground slab with passively vented sub-slab void and installation of a membrane with sealed service penetrations and joints are proposed to form an integrated gas protective system.

 

Following completion of remediation works a validation report will be prepared that includes:

·      Details on implementation of RAP

·      Confirmation that all validation protocols were followed

·      Verification of regulatory compliance

·      A clear statement on whether the site is considered suitable for its intended ongoing open space recreational land use and whether it is considered to present an unacceptable risk to human health and the environment and

·      Any limitations, assumptions and uncertainties relevant to the conclusions of the report.

 

Post remediation management should be governed by an ongoing long term safety and environment management plan (SEMP) which will be implemented following the completion of remediation.

 

The RAP recommends gas monitoring to be ongoing on a bi-annual basis to assess any changes in the subsurface conditions that may result due to the proposed development. In the event that methane concentrations increase due to changing site conditions, further investigations may be required to assess potential risks from gas migration.

 

The owner of the land and Council (having care and control of the land) would be required to ensure that the future SEMP will be implemented and monitored on an ongoing basis.

 

Conditions in relation to contamination, pollution and health have been included in the following referral to ensure compliance with the relevant legislation and guidelines.

 

6.3    Property Officer

The application was referred to the Property Officer as the subject site is under the management of Randwick City Council.  The relevant representative provided owner’s consent to the application.

 

 

6.4    The Sydney Airport Corporation Limited

The response from Sydney Airport Corporation states the following. 

“The Property Development at 801-899 Bunnerong Road, Chifley (Chifley Sports Reserve) lies outside any areas defined in schedules of the Civil Aviation ( Building Controls ) Regulations.

 

In this instance, I, Peter Bieasdale, as an authorised person of the Civil Aviation Safety Authority (CASA), under Instrument Number: CASA 229/11, and in my capacity as Airfield Design Manager, have no objection to the proposals to a maximum height of 28m above ground level ( 50m AHD).”

 

6.5    Total Earth Care Pty Ltd

Total Earth Care Pty Ltd independently assessed the Flora and Fauna Report prepared by Ecological and submitted in support of the DA and provided an assessment of the proposal in terms of the potential impact on the Endangered Ecological Community of Eastern Suburbs Banksia Scrub.  The Recommendations from the peer review report are provided below.

 

3.3 Recommendation

Whilst Eco Logical’s Chifley Sports Reserve: Flora and Fauna Assessment, 2001 and Australian Wetlands Consulting’s Chifley Sports Reserve Vegetation Management Plan, are generally adequate there are some deficiencies as highlighted above. This review recommends that the author(s) consider, but not be limited to, the comments of the review above and make amendments.

 

The Flora and Fauna Assessment finds that the EEC ESBS does not occur on the subject site but occurs in the study area. It does not find that the proposal will have a significant impact to the ESBS within the study area. The current review concurs with this finding if the Revised Proposal and recommendations outlined in 3.2 above are carried out. Of particular note is the last point relating to non-local Dianella caerulea forms specified in the landscaping schedule.

 

The current review in principle agrees with the findings of the Flora and Fauna Report, and the conclusion that the proposed development will not result in a significant impact to the endangered ecological community ESBS. Therefore a Species Impact Statement is not required.

 

The Flora and Fauna Report and Vegetation Management Plan does not give any species occurrence or abundance scores for the adjoining ESBS remnant, making any impacts suffered by the ESBS as a result of the proposal unable to be measured. Consideration could be given to a baseline flora survey of the adjoining ESBS be carried out prior to construction works, and at a minimum 12 and 24 month intervals after completion of the proposed construction. A brief report should be submitted to Council following the proposed surveys.

 

Additional general Conditions of Consent that could be included within an Approval if granted could include;

 

-          Construction work is not to commence until Council has reviewed a Construction Environmental Management Plan (CEMP) to be prepared by the contractor and distributed it to construction contractor(s). The CEMP must clearly identify the location and extent of ESBS within the study area and highlight this conservation significance and legislative protection afforded this plant community; The CEMP must clearly identify the locations for storage and parking of construction materials and machinery;

 

-          Light, medium and heavy plant, machinery and equipment used for earthworks is to be cleaned of soil and debris before bringing it on site to reduce the potential spread of weeds and the fungal pathogen Phytophthora cinnamomi. P. cinnamomi control protocols are to be based on the P. cinnamomi prevention measures recommended by the Botanic Garden Trust (DEC, 2006);

 

-          Installation, maintenance and decommissioning of sediment and erosion controls as required;

-          Pre start up survey for sheltering native fauna of all plant and equipment or during relocation of stored construction materials;

-          Machinery, equipment or materials storage compounds are to be in areas of pre existing disturbance (eg access tracks, or open grassed areas) or construction areas; and

-          No wash down of machinery or equipment on site areas adjacent to ESBS during or post construction.

 

Total Earth Care also recommended that “the prescribed planting of Dianella King Alfred in the landscape schedule should probably be changed, as it is a non local clone of a broadly locally occurring species. While D. caerulea isn’t listed as a characteristic species for ESBS, it may be better to use either a locally collected Dianella or a substitute non-local plant”.

 

These comments along with the identified conditions will be included as conditions of consent.

 

7.    Master Planning Requirements

 

The Master Planning requirements are applicable to the Site, despite this as the proposal relates to a site identified under a site specific Plan of Management, the strategic direction of the Site is accounted for as its integration with the surrounding area.  As a result a Master Plan is not required in this case.

 

8.    Relevant Environmental Planning Instruments

 

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

 

8.1    Crown Lands Act 1989

The subject site is Crown Land.  Randwick Council has been appointed managers of the Site.  Randwick Council’s Property Officer has provided owner’s consent for the proposal.

The site has previously been subject to Aboriginal Land Claims and as result the application was referred to the relevant community stakeholders to provide comment, including the La Perouse Local Aboriginal Land Council. Council is in receipt of communication from the Crown Lands which states that, “Crown Lands notes the support of the La Perouse Aboriginal land Council for the proposed developments and as such, notwithstanding the existence of land claims, supports the proposed development proceeding”.

 

8.2    Roads Act 1993

The subject site is partially owned by Roads and Maritime Services (RMS) as it is was part of a former road extension, for Leichhardt Street and Macquarie Street.

 

Accordingly, the proposal was referred to the RMS for comment. The RMS has provided in principle support to the proposal and provided advisory comments which have been included as part of the consent. 

 

 

 

8.3    Randwick Local Environmental Plan 1998

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

 

Clause 18 Zone 6A

Clause 18 sets out the objectives for the 6A Open Space Zone and assessment of the development against these objectives.

 

Objective of 6A Zone

Comment

To identify publicly owned land used or capable of being used for public recreational purposes.

The land is currently used for public recreational purposes and the proposal does not seek to alter this.

To allow development that promotes, or is related to, the use and enjoyment of open space.

The proposal involves the upgrading of the existing sporting fields to formalise the layout as identified in the Chifley Sports Reserve Master Plan.  The proposal will ensure that the existing Reserve is managed and allows for the continued and expanded use of the Site.

To identify and protect land intended to be acquired for public open space.

The subject site is currently nominated for use as public open space.

To identify and protect natural features that contribute to the character of the land.

Currently much of the Site is in an overgrown and derelict state. As identified in the supporting documentation of the proposal, much of the existing vegetation on the Site is re-established and/ or exotic to the area.  The proposal will result in the re-landscaping of the Site with more appropriate species for the Site and improve the overall amenity of the natural features of the Site.

To enable the sustainable management of the land

The remediation and the redevelopment of the Site will ensure that its use, for the purposes of public open space and playing fields, will continue and be maximised.  The proposal will ensure that the Site is managed sustainably and in accordance with the Site specific Plan of Management.

 

The proposal is considered to be consistent with the zone objectives.  The proposal has been undertaken in response to the recently endorsed Plan of Management for the Site.  The land was identified as being underutilised and in a derelict state.  The proposal is for the redevelopment of the Reserve to ensure that it can be safely utilised by the community.  The proposal ensures the ongoing sustainability and safety of the Site for use, in accordance with the relevant Australian Standards. 

 

The proposal will allow for more consistent lighting across the playing fields, providing greater longevity of the current use.

 

The proposal is consistent with the endorsed site specific Plan of Management. 

 

 

 

Clause 20A Exempt and Complying

Some of the works associated with the proposal are being undertaken as exempt and/ or complying development.  These works include the clearing, re-levelling, landscaping, drainage and building works.  These works are not required to undergo development assessment in accordance with the State Environmental Planning Policy (Infrastructure) 2007.

 

Clause 38 Development in Open space zones

Clause 38 (1) requires that the determination of any development application for development within open space zones must consider the following:

 

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

Comment:    The Site has fallen into disrepair and the boundary landscaping is overgrown and littered.  The works will ensure that the contamination of the Site can be adequately addressed and that the community will be able to safely use the Site.    

 

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

Comment:    The proposal will ensure that the use of the Site for the purposes identified in the Site specific Plan of Management.  The proposal will result in the Site being fit for purpose and safe for the community, which will encourage the enjoyment of the open space.  The proposal will include the installation of lighting resulting in the playing fields being safer and more useable.  The accompanying information includes a Light Spill Assessment.  The assessment illustrates that the proposed lighting will have an acceptable impact on surrounding residential dwellings.  The proposed light spill is consistent with the relevant Australian Standards and will not have any significant impacts on the surrounding residential dwellings. 

 

The proposal also includes the landscaping of the Site.  The formalised landscaping will encourage biodiversity and protect the habitat of Eastern Suburbs Banksia Scrub, which currently adjoins the Site.  The formalised landscaping will also improve the safety of the Reserve and improve the overall amenity of the area.

 

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

Comment:    The current derelict state of the Chifley Sports Reserve is such that it is unfit for use.  Currently the state of the Site encourages anti social behaviour and does not positively complement the character of the area.  The size of the Site and its prominent location, fronting Bunnerong Road, means that the proposed works will significantly improve the character or the area visually and in term of safety.

 

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

Comment:    The proposal will allow for the use to remain for the purposes of a sports field.  The proposed works will ensure that the land retains its current purpose as being for the use of the public.

 

Clause 39 Unzoned Land

Clause 39 states:

(1)               A person may, with the consent of the Council, carry out development on land shown unzoned on the map for the purpose of anything which is permissible on land adjoining that land.

(2)               Despite subclause (1), the consent of the Council is not required for development of unzoned land for the purpose of a public utility undertaking.

 

Purpose:        To establish consent requirements for the development of land shown as unzoned on the map and to link those requirements to the land uses permissible in adjoining zones.

 

A portion of the proposed site is not zoned as it was formerly dedicated as road Reserve.  The proposal satisfies the requirements of the proposal and will use the land for a purpose that is permissible on the adjoining land which is zoned 6A. 

 

Clause 40 Earthworks

The proposal includes extensive remediation works and some earthworks, although the majority of these works are not included as part of this application.  Clause 40 states, “when determining an application for consent to carry out earthworks the consent authority must consider:

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

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

 

The impacts of the proposed earthworks have been addressed in detail in the documentation provided by the Applicant.  The Site is identified as being contaminated and a Remediation Action Plan has been submitted.  An additional drainage plan has been submitted, which has been considered by Council’s Engineers, with their comments provided in Section 6 of this report.  The proposal will result in a holistic drainage system for the Site, resulting in improved drainage.

 

The proposal is acceptable in terms of Clause 40.

 

Clause 40A Site Specific Development Control Plans

The Chifley Sports Reserve – Plan of Management states, “Clause 40A of RLEP (Consolidation) requires a site specific DCP to be prepared for sites more than 10 000 square metres, to ensure a comprehensive framework for future development of large sites. This requirement was waived by Council. The Council endorsed the Chifley Sports Reserve Plan of Management on 23 February 2010 as it was satisfied that this Plan of Management had been prepared to address the LEP requirements for preparing a comprehensive DCP”.  This requirement has therefore been satisfied.

 

Clause 43 Heritage

The subject site is opposite heritage item 128, 770–1000 Bunnerong Road (also known as 51–61 Military Road), Matraville, which is a park within Botany Cemetery.  It is unlikely that the proposal will result in any impacts as it is sufficient distance from the item in question.

 

8.4    State Environmental Planning Policies

 

(a)      State Environmental Planning Policy No. 55 – Site Remediation

The Remediation Action Plan, identifies the legislative controls for remediation and how they will be adequately addressed through the remediation of the Site.  This report has been reviewed by Council’s Engineers and has been found to be sufficient. 

 

The potential risk of contamination has been adequately dealt with through the information provided.  During construction the remediation process will be carried out under close scrutiny to ensure that there will be no impact on surrounding residents, or future users of the Site, as described in the Remediation Action Plan.

 

The Remediation Action Plan states that when the remediation on the Site is complete a Validation Report will be prepared; this should be submitted to Council to be reviewed by Council’s Engineers.

 

(b)      State Environmental Planning Policy (Infrastructure) 2007

The SEE states, “the subject works form part of a larger project which will provide for a major redevelopment of the Chifley Sports Reserve. The environmental assessment for the majority of the works has been undertaken as “development without consent having regard Division 12 Clauses 64-66 (incl.) of the Infrastructure SEPP”.  The proposed works form only part of the works being undertaken on the Site.

 

8.5 Policy Controls

(a)      Development Control Plan - Parking

There are no specific parking requirements for open space or recreational facilities.  The Parking DCP requires that in such circumstances a specific parking assessment is to be submitted with the application. 

 

The proposal states that “a traffic and parking assessment has been undertaken for the overall redevelopment of the Chifley Reserve which is being assess under Part 5 of the EP& Act”.  As a result the application is acceptable in terms of the Development Control Plan – Parking.

 

(b)    Development Control Plan Public Notification of Development Proposals and Council Plans.

As previously stated the application was put on notification.  The proposed works received a single submission, which has been addressed in Section 5.1 of this report.

 

8.6 Council Policies

Chifley Sports Reserve – Plan of Management

The subject site is covered by a site specific Plan of Management.   The Plan of Management (POM) provides a guide to the ongoing management, future use and development consistent with its identified purpose.

 

The POM for the Site states a vision, key management principles and specific management principles.

 

Vision:

Chifley Sports Reserve is primarily for sport activities utilising a range of quality multi – use sport fields, while also providing passive recreation opportunities for the enjoyment of the community, with a focus on youth related activities.

 

Key Management Principles:

1.     To ensure the Objects of the Act and the Principles of Crown land management are applied to the management of the reserve;

2.     To encourage active participation of locals and visitors in the care, development and long term management of the reserve;

3.     To incorporate a management style that ensures the reserves viability, promotes cooperative decision making and responds to legal, social, conservation and technological changes.

 

Specific Management Principles:

Element 1: Recreation/open space/access and aesthetics

 

a)     To provide a range of quality structured and unstructured recreational opportunities based on identified community needs and accessible to all age groups and ability levels.

b)     To restrict vehicular access to the open space areas of the Reserve and provide adequate parking areas within the Reserve.

c)     To provide safe pedestrian linkages within the Reserve.

d)     To encourage a physically safe and psychologically secure environment.

 

Element 2: Sport and events

a)     To ensure that Chifley Sports Reserve caters for a range of sports and activities and that wherever possible fields and facilities are designed to be multi use.

b)     To minimise any detrimental impacts to surrounding residential areas from sporting activities.

 

Element 3: Environment and culture

a)     To ensure environmentally sustainable development in the reserve’s design and maintenance.

b)     To protect, restore and maintain the reserves natural resources and promote the use of native indigenous plants in landscaping.

c)     Promote environmental awareness and education.

 

Element 4: Management and community involvement

a)     To ensure public awareness, participation and consultation in the use, management, planning and development, operation and leasing/ licensing of the reserve and its resources.

b)     To initiate efficient and effective reserve management and maintenance programs.

c)     To ensure best practice and accountability in the financial management of the reserve’s assets.

 

These elements directly reflect the proposed works which will maintain and upgrade the Reserve to allow for a range of uses for various purposes. The proposal also addresses the contamination of the Site.  The proposal is consistent with the landscape plan and will provide the framework for future works to be undertaken to allow for the landscape plan to be fully realised.

 

The proposed lighting plan was designed as the result of a Light Spill Assessment, which was based on the applicable Australian Standards.  The potential impact of the proposed lighting on the surrounding residential development will be minimal given that the playing fields and parking areas are located within the Reserve with landscaped buffers surrounding the edge of the Reserve.  The adjoining residential dwellings are also buffered from potential impacts by not directly adjoining the Reserve.  The exception to this is the area of residential development to the north of the Reserve, in this the case the dwellings are protected by an additional width of vegetation buffer. 

 

To further protect surrounding residential properties, it is recommended that the use of the lighting is restricted and a condition is included requiring the lighting to cease by 9pm, and only operate five (5) nights / week.

 

The proposal is consistent and is being undertaken in accordance with the site specific Plan of Management.

 

9.    Environmental Assessment

 

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

 


 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

The Site is zoned 6A Open Space 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.

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

The Draft Randwick Local Environmental Plan 2012 (draft RLEP 2012) has been exhibited. The subject site has a proposed zone of RE1 – Public Recreation under the draft RLEP 2012.  The objectives of this draft zone are consistent with the proposal and the proposed use is permissible with consent.

 

The application is consistent with the relevant draft instrument.

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.

 

A Flora and Fauna Assessment has been provided to accompany the application and has been independently reviewed. The proposed works will significantly alter the existing landscaping on much of the subject site. Despite this the Flora and Fauna Report concludes that “due to the small impacts of the proposed works, the proposal is not considered to be a significant impact under the TSC Act (Threatened Species Conservation Act)”.  The proposed impact in terms of flora and fauna is deemed to be acceptable.

 

The proposal has been accompanied by a light spill assessment, which details the potential light spill prior to 11pm.  The assessment concluded that the proposal will not result in and unacceptable light spill impacts for adjoining residents.  Lights will cease to be use by 9 pm providing additional amenity protections.  The light impacts are considered acceptable.

 

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

The Site is zoned to be used for open space, the proposal is consistent with the Site Specific Plan of Management and has specifically identified to the proposed uses.

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 6:         A Liveable City.

Direction 6a:       Our public assets are planned, managed and funded to meet the community expectations and defined levels of service.

 

Financial Impact Statement

 

The cost of the works associated with the development is $4,696,413.

 

Conclusion

 

The development proposal has demonstrated compliance with the relevant controls of the Site and has satisfied the identified future use and ongoing management identified in the Chifley Sports Reserve Plan of Management.  Despite the Site being affected by contamination, the proposed Remediation Action Plan sets out the process by which to address the contamination.  The proposal adequately addresses any potential impacts.  The proposal is considered acceptable and is recommended for approval.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 949/2011 for remediation, reshaping and contouring of Chifley Sports Reserve to create sports fields and 3 car park areas, installation of 12x28 metre high lights, 11x25 metre high light, and 21 x 8 metre high lights and lighting to also be provided in car parks, at No. 801-899R Bunnerong Road, Chifley, 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:

 

MG Planning Chifley Sports Reserve Development Application for Site Remediation, Earthworks and Lighting Towers – Statement of Environmental Effects July 2011, received by council 07 December 2011 and the accompanying Appendices 1-8.

 

Plans

Drawn by

Civil Drawing Schedule Sheet No. 1- 42 – Drawing numbers 5687.001 – 5687.040, 5687. DEMO, 5687.CB. (Revision D).

Complete Urban

Landscape Drawings, sheets 1-26, Drawing Number 5687. 901-5687.926. (Revision D)

Complete Urban

Stormwater Harvesting Drawings, Sheets 1-13, drawing numbers 10313_CC_C000- 10313_CC_SE03. (Revision D)

Complete Urban

Structural Drawing Sheet 1-3,  Drawing number 5687.501 – 5687.503.

Complete Urban

Lighting Drawing Sheet 1-2, drawing number E01- E02 (Revision D)

Complete Urban

Irrigation Drawing Sheet 1-2, drawing number CUP11478-1 and CUP 11478-2 (Revision D)

Complete Urban

 

The following conditions are applied to maintain reasonable levels of environmental health, safety and amenity:

 

2.       Remediation and validation works shall be carried out in accordance with Chifley Sports Reserve Remediation Action Plan prepared by CH2M HILL Australia Pty Ltd (Report no. 406719.01.04) dated September 2010, except as may be amended by the conditions of this consent. Any variations to the proposed remediation works or remediation action plan shall be approved by Council prior to the commencement of such works and with the Environmental Consultants approval of the amended remediation action plan / works.

 

3.       Remediation work is required to satisfy the relevant requirements of the Contaminated Land Management Act 1997 and the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999 and details of compliance are to be provided to Council from a suitably qualified Environmental Consultant upon completion of the remediation works.

 

4.       Remediation works shall be carried out in accordance with the relevant requirements of the Contaminated Land Management Act 1997, guidelines made by the NSW Office of Environment and Heritage and Department of Infrastructure Planning & Natural Resources, Randwick City Council’s Contaminated Land Policy 1999 and the Protection of the Environment Operations Act 1997.

 

5.       Any fill importation to the site is to be monitored and classified by a suitably qualified Validation Consultant for remediation of the site. Imported materials must meet the requirements of AS4419:2003 Soils for landscaping and garden use and the imported material validation criteria detailed in the Remediation Action Plan prepared by CH2M HILL Australia Pty Ltd (Report no. 406719.01.04) dated September 2010.

 

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

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

·          truck wash down area for vehicles leaving the site

·          cross contamination

·          hazard identification and control

·          asbestos monitoring

·      worker health & safety, work zones and decontamination procedures

·      prevention of cross contamination

·          site drainage and dewatering

·          adequate sediment and stormwater control measures

·      air and water quality monitoring

·          disposable of hazardous wastes

·          contingency plans and incident reporting

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

 

A copy of the Site Remediation Management Plan is to be forwarded to Council prior to commencing remediation works.

 

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

 

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

 

8.       The installation of the Gas protection system must be in accordance with Remediation Action Plan prepared by CH2M HILL Australia Pty Ltd (Report no. 406719.01.04) dated September 2010 and validated by a suitably qualified environmental consultant, prior to use or occupation of relevant buildings.

 

9.       A Validation Report shall be prepared by a suitably qualified Environmental Consultant and be submitted to Council upon completion of the remedial works, and prior to commencing any building works. The Validation report shall be prepared in accordance with Chifley Sports Reserve Remediation Action Plan prepared by CH2M HILL Australia Pty Ltd (Report no. 406719.01.04) dated September 2010

 

10.     A Safety and Environment Management Plan (SEMP) for post remediation management is to be prepared in accordance with Remediation Action Plan prepared by CH2M HILL Australia Pty Ltd (Report no. 406719.01.04) dated September 2010 prior to use/occupation of the development. The SEMP is to be prepared by a suitably qualified Environmental Consultant and submitted to and approved by Council. Details of the SEMP is to include but not limited to:

·         Guidance on maintenance of the capping work

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

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

·           Limited on-going maintenance of gas protective measures

·           Landfill gas monitoring

 

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

 

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

 

12.     Remediation work shall be conducted within the following hours:

 

Monday to Friday:    7:00am – 5:00pm

Saturday:               8:00am – 5:00pm

No work is permitted on Sunday or public holidays

 

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

 

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

 

Flora and Fauna Conditions

15.     An amended Vegetation Management Plan, that reflects the review and recommendations of the Total Care Pty Limited review, dated 24 April 2012, must be submitted to Council for approval prior to any works being undertaken on the subject site.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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

 

Consent Requirements

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

 

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

 

Security Deposit

17.     The following damage/civil works security deposit requirement must be complied with, 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:

 

·           $10000.00  -      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.

 

Electricity Substation

18.     The applicant must liaise with Ausgrid prior to obtaining a construction certificate (for any above ground works), to determine whether or not an electricity substation is required for the development. Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on relevant construction certificate and landscape plans.

 

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

 

The approved plans must be submitted to a Sydney Water Quick Check agent, to determine whether the development will affect Sydney Water’s waste water 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 details please refer to the Sydney Water web site at www.sydneywater.com.au for:

 

·           Quick Check agents details -  see Building and Developing then Quick Check and

·           Guidelines for Building Over/Adjacent to Sydney Water Assets – see Building and Development then Building and Renovating, or telephone 13 20 92.

 

The Principal Certifying Authority must ensure that a Sydney Water Quick Check Agent has appropriately stamped the plans.

 

20.     Prior to lodgement of the Construction Certificate Application the applicant must undertake a detailed analysis of the existing flowpath regime through/surrounding and downstream of the development site and compare that with proposed flowpaths post development. The analysis must also identify any existing entrapped low points upstream of the development site and the top water level at these low points. The applicant must provide sufficient documentation/evidence to Council to indicate that the proposed development will not increase the depth of overland flow in areas outside the development site and that no property downstream or upstream of the development site will be adversely affected as a result of the proposed development for storm events up to the 1 in 100 year ARI event. The applicant must liaise with Council’s Development Engineer Coordinator regarding Council’s requirements for the detailed analysis prior to undertaking the analysis.

 

21.     Prior to lodgement of the Construction Certificate Application the applicant must undertake a detailed analysis of the existing site stormwater drainage system and the proposed stormwater drainage system, (piped and overland flow). The applicant must provide sufficient documentation/evidence to Council that the proposed site stormwater drainage system will not increase the depth of overland flow in areas outside the development site, will not adversely impact on Council’s stormwater drainage infrastructure and that no property downstream of the development site will be adversely affected as a result of the proposed development for storm events up to the 1 in 100 year ARI event. The applicant must liaise with Council’s Development Engineer Coordinator regarding Council’s requirements for the detailed analysis prior to undertaking the analysis.

 

22.     Prior to lodgement of a Stage 2 Development Application the applicant must submit to Council for approval, and have approved, a flood study which determines the 1 in 20 year and 1 in 100 year flood level for the development site. The applicant must liaise with Councils Development Engineer Coordinator prior to lodgement of the flood study to obtain all of Council’s requirements for the study and any supporting data.

 

23.     A separate written approval from Council is required to be obtained in relation to all works which are located externally from the site within the Bunnerong Road in accordance with the requirements of the Roads Act 1993.  Detailed plans and specifications of the proposed works are to be submitted to and approved by the Director of City Services and the Randwick Traffic Committee prior to the issuing of a construction certificate and prior to commencing any works within the road reserve/public place. The plans and specifications must be accompanied by suitable traffic modelling of the proposed controlled right turn bays into both the development site and the cemetery. The proposed road works in Bunnerong Road must be designed in accordance with Austroads.

 

All works within the road reserve/public place must be carried out to the satisfaction of Council and certification from a certified practicing engineer is to be provided to Council upon completion of the works.

 

Relevant Council assessment and inspection fees, as specified in Council's adopted Pricing Policy, are required to be paid to Council prior to commencement of the works.

 

Long Service Levy Payments

24.     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.

Sydney Water Requirements

25.     The relevant requirements of the Sydney Water Act 1994 must be complied with and a Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water. 

 

An 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 the “e-developer” icon 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.

 

A copy of Sydney Water’s ‘Notice of Requirements’ must be submitted to the Certifying Authority prior to issuing a Construction Certificate.

 

The Section 73 Certificate is required to be obtained before an occupation certificate or subdivision certificate is issued, whichever the sooner.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

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

 

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

 

Compliance with the Building Code of Australia & Relevant Standards

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

 

27.     Access and facilities for people with disabilities must be provided in accordance with the relevant requirements of the Building Code of Australia, Disability (Access to Premises – Buildings) Standard 2010, relevant Australian Standards and conditions of consent, to the satisfaction of the Certifying Authority.  Details of the required access and facilities for people with disabilities are to be included in the plans/specifications for the construction certificate.

 

Site stability and construction work

28.     A report must be obtained from a suitably qualified and experienced professional engineer, which includes the following details, to the satisfaction of the Certifying Authority for the development:-

 

a)     Geotechnical details which confirm the suitability and stability of the Site for the development and relevant design and construction requirements to be implemented to ensure the stability and adequacy of the development and adjacent land.

 

b)     Details of the proposed methods of excavation and support for the adjoining land (including any public place) and buildings.

 

c)     Details to demonstrate that the proposed methods of excavation and construction are suitable for the Site and should not result in any damage to the adjoining premises, buildings or any public place, as a result of the works and any associated vibration.

 

d)     The adjoining land and buildings located upon the adjoining land must be adequately supported at all times throughout demolition, excavation and building work, to the satisfaction of the Principal Certifying Authority.

 

e)     Written approval must be obtained from the owners of the land to install any ground or rock anchors underneath the adjoining premises (including any public roadway or public place) and details must be provided to the Certifying Authority.

 

Traffic conditions

29.     Adequate provisions are to be made to provide pedestrian visibility and safety.  All new walls (and/or landscaping) adjacent to vehicular crossings should not exceed a height of 600mm above the internal driveway level for a distance of 1.5m within the site or new walls (including landscaping) should splayed 1.5 metres by 1.5 metres. Details of compliance, to the satisfaction of the certifying authority, are to be included in the construction certificate documentation.

 

30.     The vehicular access driveways, internal circulation ramps and the carpark areas, (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004. The Construction Certificate plans must demonstrate compliance with these requirements.

 

31.     Bicycle storage facilities must be provided within the development site to council’s satisfaction. Details are to be included within the Construction Certificate Plans.

 

32.     A strategy for accommodating pedestrian and bicycle movements along the Bunnerong Road site frontage must be developed in consultation with Council, and subsequently approved by Council, prior to the issuing of a Construction Certificate. The Construction Certificate Plans must reflect the approved pedestrian and bicycle movement strategy.

 

Design Alignment levels

33.     The design alignment level (the finished level of concrete, paving or the like) at the property boundaries for driveways, access ramps, steps and pathways or the like, must be obtained in writing from Council’s Development Engineer Coordinator prior to the issuing of a Construction Certificate.

 

The design alignment level/s at the property boundary as issued by Council and their relationship to the roadway/kerb/footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0924.

 

34.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the roadway/kerb/footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

35.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $(Amount) calculated at $48.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Stormwater Drainage & Flood Management

36.     The finished level of the proposed carpark areas must be above the critical 1 in 20 year ARI (5% AEP) flood level for the development site or be suitably waterproofed up to this same level. Details demonstrating compliance with this condition are to be included in the construction certificate documentation.

 

37.     All existing Council controlled junction pits located within the playing fields must be reconstructed / raised as required to ensure that the level of top of the pits matches the proposed finished levels. Details of the reconstructed pits must be included with the Construction Certificate Plans. The design of the reconstructed pits must be to Council’s satisfaction and all works must be completed prior to the issuing of an      Occupation Certificate. This condition is required because previous filling works on the development site may have buried the existing pits.

 

38.     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.

 

39.     The written approval of Council is required to be obtained in relation to all drainage and infrastructure works which are located externally from the site within the road reserve/public place, in accordance with the requirements of the Roads Act 1993.  Detailed plans and specifications of the proposed works are to be submitted to and approved by the Director of City Services prior to commencing any works within the road reserve/public place.

 

All works within the road reserve/public place must be carried out to the satisfaction of Council and certification from a professional engineer is to be provided to Council upon completion of the works.

 

Relevant Council Assessment and Inspection fees, as specified in Council's adopted Pricing Policy, are required to be paid to Council prior to commencement of the works.

 

Internal Drainage

40.     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 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) directly to the existing Council controlled stormwater drainage system located within the development site or to the Council controlled drainage system located immediately downstream of the development site.  No pipelines must be discharged into Macquarie Street.

 

c)     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.

 

d)     Any proposed open channels or water storage areas must be suitably fenced or protected in accordance with relevant safety standards.

 

e)     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).

 

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

 

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

 

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

 

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

 

Waste  Management

41.     A Waste Management Plan detailing the waste and recycling storage and removal strategy for all of the development, is required to be submitted to and approved by Council’s Director of City Services.

 

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

 

·       The use of the premises.

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

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

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

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

 

Further details of Council's requirements and guidelines, including pro-forma Waste Management plan forms can be obtained from Council's Customer Service Centre.

 

          Landscaping & Environmental amenity:

42.     Landscaping is to be provided to the site in general accordance with the landscaping plans/specifications submitted with the development application subject to the plans being amended as required to comply with the recommendations of the Total Care Pty Ltd review dated 24 April 2012.

 

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.

 

43.     Construction work is not to commence until Council has reviewed a Construction Environmental Management Plan (CEMP) to be prepared by the contractor and distributed it to construction contractor(s). The CEMP must clearly identify the location and extent of ESBS within the study area and highlight this conservation significance and legislative protection afforded this plant community; The CEMP must clearly identify the locations for storage and parking of construction materials and machinery

 

44.     Light, medium and heavy plant, machinery and equipment used for earthworks is to be cleaned of soil and debris before bringing it on site to reduce the potential spread of weeds and the fungal pathogen Phytophthora cinnamomi. P. cinnamomi control protocols are to be based on the P. cinnamomi prevention measures recommended by the Botanic Garden Trust (DEC, 2006);

 

45.     Installation, maintenance and decommissioning of sediment and erosion controls as required;

 

46.     Pre start up survey for sheltering native fauna of all plant and equipment or during relocation of stored construction materials;

 

47.     Machinery, equipment or materials storage compounds are to be in areas of pre existing disturbance (eg access tracks, or open grassed areas) or construction areas; and

 

48.     No wash down of machinery or equipment on site areas adjacent to ESBS during or post construction.

 

Certification and Building Inspection Requirements

49.     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)     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

 

d)     at least two days notice must be given to the Council, in writing, prior to commencing any works; and

 

e)     the relevant requirements of the Home Building Act 1989 (as applicable) must be complied with and details provided to the Principal Certifying Authority and Council.

 

Dilapidation Reports

50.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings and ancillary structures located upon all of the premises adjoining the subject site.

 

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

 

Construction Noise & Vibration Management Plan

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Temporary Site Fencing

52.     Temporary site safety fencing must be provided to the perimeter of the Site throughout demolition, excavation and construction works.

 

Temporary site fences must have a height of 1.8 metres and be a cyclone wire fence (with geotextile fabric attached to the inside of the fence to provide dust control), or heavy-duty plywood sheeting (painted white), or other material approved by Council.

 

A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the Site which comprise:

 

·       any works or hoisting of materials over a public footway or adjoining premises, or

·       any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.

 

All site fencing and hoardings must 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, amenities or articles upon any part of the footpath, nature strip or public place at any time, a separate Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services before placing any fencing, hoarding or other article on the road, footpath or nature strip.

 

Construction Site Management

53.     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 site fencing / hoardings;

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          details of proposed sediment and erosion control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          location and size of waste containers/bulk bins;

·          provisions for temporary stormwater drainage;

·          construction noise and vibration management;

·          construction traffic management details;

·          provisions for temporary sanitary facilities.

 

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

54.     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 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.

 

Public Liability

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

 

Traffic Management

 

Construction Traffic Management

56.     A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to a construction certificate being issued for the development.

 

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

·       A description of the demolition, excavation and construction works

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

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

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

·       Provision for loading and unloading of goods and materials

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

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

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

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

·       Measures to maintain public safety and convenience

 

Civil Works

57.     A separate written approval from Council is required to be obtained in relation to all drainage works which are located externally from the site within the road reserve/public place, in accordance with the requirements of the Roads Act 1993.  Detailed plans and specifications of the proposed works are to be submitted to and approved by the Director of City Services prior to commencing any works within the road reserve/public place.

 

All works within the road reserve/public place must be carried out to the satisfaction of Council and certification from a certified practicing engineer is to be provided to Council upon completion of the works.

 

Relevant Council assessment and inspection fees, as specified in Council's adopted Pricing Policy, are required to be paid to Council prior to commencement of the works.

 

            Public Utilities

58.     A public utility impact assessment must be carried out on 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.  The assessment should include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of services.

 

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 demolition, excavation or building works.

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

The following conditions of consent must be complied with during the demolition, excavation and construction of the development.

 

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

 

Inspections during Construction

60.     The building works must be inspected by the Principal Certifying Authority, in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

Building & Demolition Work Requirements

61.     All work and activities must be carried out in accordance with the relevant regulatory requirements, including:

 

·          Occupational Health & Safety Act 2000 & Regulations

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

·          WorkCover NSW Requirements, Guidelines and Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

·          The Protection of the Environment Operations Act 1997

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

·          DECC/EPA Waste Classification Guidelines

·          Randwick City Council 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

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

 

·          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 (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the Principal certifying authority upon completion of the asbestos related works which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

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

 

Sediment & Erosion Control

63.     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 Council.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Dust Control

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·      Landscaping and revegetation of disturbed areas.

 

Public Safety & Site Management

65.     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.

 

Excavations, Back-filling & Retaining Walls

66.     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 prior to commencing such excavations or works.

 

Support of Adjoining Land

67.     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.

 

Site Signage

68.     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

69.     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 1.00pm only

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Additional requirements for all development

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

 

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.

 

Survey Requirements

70.     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 footings and retaining structures,

·           prior to construction (pouring of concrete) of each 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

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

 

Civil Works & Infrastructure

 

Road/Asset Opening Permit

72.     Any openings within or upon the road, footpath, nature strip or in any public place (i.e. for proposed drainage works or installation of services), must be carried out in accordance with the following requirements, to the satisfaction of Council:

 

a)     A Road/Asset Opening Permit must be obtained from 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.

 

b)     Council’s Road/Asset Opening Officer must be notified at least 48 hours in advance of commencing any excavation works and also immediately upon completing the works (on 9399 0691 or 0409 033 921 during business hours), to enable any necessary inspections or works to be carried out.

 

c)     Relevant Road/Asset Opening Permit fees, construction fees, inspection fees and security deposits, must be paid to Council prior to commencing any works within or upon the road, footpath, nature strip or other public place,

 

d)     The owner/developer must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council, prior to the issuing of a final occupation certificate or occupation of the development (whichever is sooner).

 

e)     Excavations and trenches must be back-filled and compacted in accordance with AUSPEC standards 306U.

 

f)     Excavations or trenches located upon a road or footpath are required to be provided with 50mm depth of cold-mix bitumen finish, level with the existing road/ground surface, to enable Council to readily complete the finishing works at a future date.

 

g)     Excavations or trenches located upon turfed areas are required to be back-filled, compacted, top-soiled and re-turfed with Kikuyu turf.

 

h)     The work and area must be maintained in a clean, safe and tidy condition at all times and the area must be thoroughly cleaned at the end of each days activities and upon completion.

 

i)      The work can only be carried out in accordance with approved hours of building work as specified in the development consent, unless the express written approval of Council has been obtained beforehand.

 

j)      Sediment control measures must be implemented in accordance with the conditions of development consent and soil, sand or any other material must not be allowed to enter the stormwater drainage system or cause a pollution incident.

 

k)     The owner/developer must have a Public Liability Insurance Policy in force, with a minimum cover of $10 million and a copy of the insurance policy must be provided to Council prior to carrying out any works within or upon the road, footpath, nature strip or in any public place.

 

Traffic Management

73.     Adequate provisions must be made to ensure pedestrian safety and traffic flow during the site works and traffic control measures are to be implemented in accordance with the relevant provisions of the Roads and Traffic Manual “Traffic Control at Work Sites” (Version 4), to the satisfaction of Council.

 

74.     All work, including the provision of barricades, fencing, lighting, signage and traffic control, must be carried out in accordance with the NSW Roads and Traffic Authority publication - ‘Traffic Control at Work Sites’ and Australian Standard AS 1742.3 – Traffic Control Devices for Works on Roads, at all times.

 

75.     All conditions and requirements of the NSW Police, Roads & Maritime Services, Transport and Council must be complied with at all times.

 

Stormwater Drainage

76.     Adequate provisions must be made to collect and discharge stormwater drainage during construction of the proposed development 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.

 

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

77.     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.

 

Fire Safety Certificate Requirements

78.     Prior to issuing an interim or final Occupation Certificate, a single and complete Fire Safety Certificate, which encompasses all of the essential fire safety measures contained in the fire safety schedule must be obtained and be submitted to Council, in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000.  The Fire safety Certificate must be consistent with the Fire Safety Schedule which forms part of the Construction Certificate.

 

A Fire Safety Statement must be provided to the Council on an annual basis, each year following the issue of a Fire Safety Certificate, which confirms that all the fire safety measures are operating in accordance with the relevant standards of performance.

 

A copy of the Fire Safety Certificate/Fire Safety Statement must be displayed in the building entrance/foyer at all times and a copy must also be forwarded to Fire and Rescue NSW.

 

Structural Certification

79.     A Certificate must be obtained from a professional engineer, which certifies that the building works satisfy the relevant structural requirements of the Building Code of Australia and approved design documentation, to the satisfaction of the Principal Certifying Authority. A copy of which is to be provided to Council.

 

Sydney Water Certification

80.     The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to issuing an Occupation Certificate.

 

Noise Control Requirements & Certification

81.     The operation of plant and equipment must 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 Office of Environment and Heritage (EPA) Noise Control Guidelines.

 

82.     A detailed report must be obtained from a suitably qualified and experienced consultant in acoustics, which demonstrates and certifies that noise and vibration from all plant and equipment (e.g. mechanical ventilation systems and air-conditioners) satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Office of Environment and Heritage (EPA) Noise Control Manual, Industrial Noise Policy and Council’s development consent.

 

A copy of the report must be provided to the Principal Certifying Authority and Council prior to an occupation certificate being issued.

       

Road/Asset Opening Permit

83.     Any openings within or upon the road, footpath, nature strip or in any public place (i.e. for proposed drainage works or installation of services), must be carried out in accordance with the following requirements, to the satisfaction of Council:

 

a)   A Road/Asset Opening Permit must be obtained from 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.

 

b)   Council’s Road/Asset Opening Officer must be notified at least 48 hours in advance of commencing any excavation works and also immediately upon completing the works (on 9399 0691 or 0409 033 921 during business hours), to enable any necessary inspections or works to be carried out.

 

c)   Relevant Road/Asset Opening Permit fees, construction fees, inspection fees and security deposits, must be paid to Council prior to commencing any works within or upon the road, footpath, nature strip or other public place,

 

d)   The owner/developer must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council, prior to the issuing of a final occupation certificate or occupation of the development (whichever is sooner).

 

e)   Excavations and trenches must be back-filled and compacted in accordance with AUSPEC standards 306U.

 

f)   Excavations or trenches located upon a road or footpath are required to be provided with 50mm depth of cold-mix bitumen finish, level with the existing road/ground surface, to enable Council to readily complete the finishing works at a future date.

 

g)   Excavations or trenches located upon turfed areas are required to be back-filled, compacted, top-soiled and re-turfed with Kikuyu turf.

 

h)   The work and area must be maintained in a clean, safe and tidy condition at all times and the area must be thoroughly cleaned at the end of each days activities and upon completion.

 

i)    The work can only be carried out in accordance with approved hours of building work as specified in the development consent, unless the express written approval of Council has been obtained beforehand.

 

j)    Sediment control measures must be implemented in accordance with the conditions of development consent and soil, sand or any other material must not be allowed to enter the stormwater drainage system or cause a pollution incident.

 

k)   The owner/developer must have a Public Liability Insurance Policy in force, with a minimum cover of $10 million and a copy of the insurance policy must be provided to Council prior to carrying out any works within or upon the road, footpath, nature strip or in any public place.

 

Traffic Management

84.     Adequate provisions must be made to ensure pedestrian safety and traffic flow during the site works and traffic control measures are to be implemented in accordance with the relevant provisions of the Roads and Traffic Manual “Traffic Control at Work Sites” (Version 4), to the satisfaction of Council.

 

85.     All work, including the provision of barricades, fencing, lighting, signage and traffic control, must be carried out in accordance with the NSW Roads and Traffic Authority publication - ‘Traffic Control at Work Sites’ and Australian Standard AS 1742.3 – Traffic Control Devices for Works on Roads, at all times.

 

86.     All conditions and requirements of the NSW Police, Roads & Maritime Services, Transport and Council must be complied with at all times.

 

Stormwater Drainage

87.     Adequate provisions must be made to collect and discharge stormwater drainage during construction of the proposed development 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.

 

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.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

 

88.     The owner/developer must meet the full cost for Council or a Council approved contractor to construct all traffic facilities, kerb and gutter, road pavement, footpaths, steps and landscape treatments within Bunnerong Road, Little Bay Road and Hastings Avenue as shown on the approved Construction Certificate plans.

 

89.     Prior to issuing a final occupation certificate or occupation of the development (whichever is sooner), the owner/developer 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.

 

90.     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 an occupation certificate being issued for the development, 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.

 

Service Authorities

 

Sydney Water Requirements

91.     If required by Sydney Water Corporation a section 73 Compliance Certificate, under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.  An Application for a Section 73 Certificate must be made through an authorised Water Servicing Coordinator. For details, please refer to the Sydney Water web site www.sydneywater.com.au > Building and developing > Developing your Land > Water Servicing Coordinator or telephone 13 20 92.

 

Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions may take some time and may impact on other services and building, driveway or landscape design.

 

If required by Sydney Water Corporation the Section 73 Certificate must be submitted to the Principal Certifying Authority and the Council prior to issuing an Occupation Certificate.

 

 

Stormwater Drainage

92.     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 location, diameter, gradient and material (i.e. PVC, RC etc) of all stormwater pipes and drainage pits;

 

93.     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

94.     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

95.     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 reserve. The waste storage areas shall be clearly signposted.

 

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.

 

96.     The use of the sports lighting shall be limited to five (5) nights a week, between the hours of 4pm to 9pm.

 

Environmental Amenity

97.     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.

 

GENERAL ADVISORY NOTES

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

 

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

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $3,000) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

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

 

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

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

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

 

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

 

A3      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA), Disability (Access to Premises – Buildings) Standards 2010 and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards.  You are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A4      Any proposed amendments to the design and construction of the building may require a new development application or a section 96 amendment to the existing consent to be obtained from Council, before carrying out such works

 

A5      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).

 

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

 

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

 

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

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

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

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

 

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

 

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

 

External paths and ground surfaces are to be constructed at appropriate levels and be graded and drained away from the building and adjoining premises, so as not to result in the entry of water into the building, or cause a nuisance or damage to any adjoining land.

 

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

 

A10     The necessary development consent and a construction certificate or a complying development certificate (as applicable) must be obtained for any proposed cooling towers and external plant and equipment, if not included in this consent.

 

A11     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.

 

A12     An application must be submitted to an approved by Council prior to the installation and operation of any proposed greywater or wastewater treatment systems, in accordance with the Local Government Act 1993.

 

A13     There are to be no emissions or discharges from the premises, which will give rise to an environmental or public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

A14     Air conditioning plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

§  before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

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

 

 

Attachment/s:

 

Nil

 


Planning Committee                                                                                             14 August 2012

 

 

Development Application Report No. D78/12

 

 

Subject:                  27 Liguria Street, Maroubra (DA/895/2011)

Folder No:                   DA/895/2011

Author:                   Alex Van Son, Senior Environmental Planner     

 

Proposal:                     Demolition of existing dwelling and construction of a new 4 level dwelling with double garage, swimming pool to rear, landscaping and associated works

Ward:                      Central Ward

Applicant:                Mrs L Zinovyev

Owner:                         Mrs L Zinovyev

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 at the request of Councillors Andrews, Matthews and Seng.

 

The proposal involves the demolition of all existing structures within the site and the construction of a four storey dwelling with parking for two vehicles at ground level (“lower ground”). The site will be comprehensively landscaped and terraced at the rear to create usable areas of open space and accommodate the installation of a pool. Amendments have been made through the assessment process to the form of the proposed development as originally submitted, which include the deletion of the elevator shaft at the upper level and amendments to reduce view loss impacts on No. 25 Liguria Street.

 

The proposal was notified between 30/11/2011 and 14/12/2012 and objections were received from two neighbouring properties. In summary, the key objections raised relate to scale (four storey height), view loss, overshadowing, geotechnical issues and impacts arising due to construction works. In respect of view loss, the proposal is considered to satisfy the Principles of View Sharing established by the Court in Tenacity Consulting v Warringah [2004] NSWLEC 140. All other issues raised through objections have been addressed within the body of this report.

 

The site is zoned Residential 2A in accordance with the provisions of the Randwick Local Environment Plan 1998 (Consolidation) and the proposed works are considered to satisfy the objectives of this zone. A detailed assessment has been carried out against the Randwick DCP: Dwelling Houses and Attached Dual Occupancies within the body of this report and the proposal is considered to satisfy all of the relevant objectives and performance requirements.

 

The proposal complies with the relevant assessment criteria and will not result in any unreasonable adverse impacts upon the amenity of the adjoining premises or the character of the locality. The application is therefore recommended for approval subject to the attached conditions of consent.

 

2.        Site Description

 

The subject site, Lot D in DP350399, is located in South Coogee on the southern side of Liguria Street. The surrounding built form is predominantly low density residential development and the natural environment is coastal in character. The geography of the area falls steeply to the southeast towards Lurline Bay.

 

The site has an area of 461.6m2 and is regular in shape. The site has a frontage to Liguria Street of 11.28m and a depth of 41.415m. The topography of the site falls steeply to the southeast however works have been undertaken in the past to modify the natural topography of the site to create level building platforms and vehicle access. The site sits below street level and a retaining wall reaching approximately 3.5m in height is located on the western boundary of the site.

 

Adjoining the western boundary of the site is a modern three storey dwelling and immediately to the east is a two storey brick dwelling that was constructed post WWII.  The site is accessed via a shared driveway that also serves No. 29 Liguria Street.

 

Existing dwelling viewed from Liguria Street.

Existing dwelling and No. 25 Liguria Street viewed from shared access way.

Shared vehicle access way.

Existing dwelling and No. 29 Liguria Street.

 

2.1      Development Context and Recent Approvals

There are a number of examples of existing dwellings that are the subject of recent development approvals (post 1998) that provide a context for the proposed development.

 

Address

DA Number

Approved Works

34 Liguria Street

DA/914/1999

Construction of first floor addition to existing dwelling to create a part two part three storey dwelling.

 

36 Liguria Street

DA/1054/2003, DA/910/2005

Demolition of existing dwelling house and the construction of a three storey dwelling house with subsequent approval for the construction of a fourth floor structure and roof terrace.

16 Seaside Parade

DA/251/2007

Demolition of existing dwelling and of new three level dwelling.

39 Liguria Street

DA/6/2002

New part three part four storey dwelling.

23 Liguria Street

DA875/2004

Construction of a part two part five storey dwelling. 

 

 

3.        Proposal

 

The proposal involves the demolition of all existing structures on the site and the construction of a four storey dwelling with parking for two vehicles at ground level. The site will be comprehensively landscaped and terraced at the rear to create usable areas of open space and accommodate the installation of a pool.

 

 

Photomontage and streetscape elevation of proposed development.

 

4.        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:

 

No. 29 Liguria Street:

 

Issues Raised in Submission

Comment

Site Access:  The driveway access is narrow and is not suitable for heavy construction trucks.  The driveway width is compromised by gas and electrical services. A Demolition Management Plan specifying egress of materials was not included in the DA. Given access constraints, materials may need to be delivered at the bottom of Liguria St. Would Council condone such practice?

 

Standard conditions have been recommended that are considered to address the objectors concerns:

 

A Construction Site Management Plan, A Demolition and Construction Waste Management Plan (WMP) and a detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to commencement of any site work. It is expected that materials will need to be craned into the site from Liguria Street. Conditions are recommended that the Construction Site Traffic Management Plan must prohibit any construction vehicles from blocking the shared vehicle access way. 

 

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

 

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

 

Compromised access No 29 Liguria Street:  The proposed demolition and construction work may result in access/egress difficulties.  The DA does not include a Traffic Management Plan for times when there will be queues of trucks waiting to enter the proposed construction site. Assurance is requested that access/egress from objectors property will not be hindered in any way.

 

As above, conditions are recommended that the Construction Site Traffic Management Plan must prohibit any construction vehicles from blocking the shared vehicle access way.

 

Protection of the retaining wall and access driveway: The DA does not specify how the sandstone retaining wall is to be protected during demolition and construction. Heavy truck usage may require the driveway to be re-surfaced following completion of the proposed construction.  Has such an expense been incorporated into the estimated costs of the project?

 

Conditions have been recommended that are considered to address the objectors concerns:

 

Prior to the issuing of a Construction Certificate the applicant is to submit a detailed dilapidation report with photos regarding the sandstone retaining wall on the northern side of the Council driveway servicing the property. The applicant/owner will meet the cost of any repairs required by Council to the retaining wall which may be caused by the demolition/building process of the new dwelling.

 

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

 

Those aspects of the development that should be factored into a detailed cost report are outlined in Schedule 3 of Council’s Section 94A DCP.  The applicant is not required to factor into the cost of works unforseen damage to neighbouring properties or to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc. or services.

 

Protection of dividing wall between subject site and No. 27 Liguria Street:  The northern end of the boundary wall will be vulnerable to damage. How will it be protected against damage?

 

Any damage done to the private property through the construction process would need to be resolved privately; however conditions have been recommended that are considered to reasonably address the objectors concerns:

 

Prior to the issuing of a Construction Certificate the applicant is to submit a detailed dilapidation report with photos detailing the condition of the boundary wall between No. 27 and No. 29 Liguria Street.

 

The construction site management plan must also include the following measures, as applicable to the type of development: location and construction of protective fencing / hoardings to the perimeter of the site.

 

Damage to vegetation:  Trucks and large demolition equipment will severely damage the dense foliage which adds privacy and amenity to the site.

 

The proposed development has been reviewed by Council’s landscape engineer and conditions, where appropriate, have been recommended to provide protection to trees within private property and Council street trees.

Driveway widening: There is mention of roadway widening in the DA, but there are no plans showing exactly where and by how much the roadway is to be widened. The implications of such works have not been considered in the applicant’s submission.

The proposal only involves widening of the internal driveway, not the shared access way or the public road.

Geotechnical considerations:  Dilapidation assessments focused upon vulnerability of all neighbouring properties should be carried out by independent assessors in conjunction with assessment of the DA.  The costs of the independent dilapidation reports on all properties likely to be affected by the proposed construction should be paid for by the applicant.

 

The applicant has provided a preliminary geotechnical investigation: Geotechnical Investigation for Proposed New Dwelling at 27 Liguria Street, South Coogee, NSW prepared by Jeffery an Katauskas Pty Ltd on 3 November 2011 Ref: 25278ZRrpt (“preliminary investigation”). The preliminary investigation submitted by the applicant identifies the key geotechnical constraints of the site outlines an appropriate construction methodology that can be used to carry out the necessary works.

 

Furthermore, conditions have been recommended that are considered to reasonably address the objectors concerns:

 

See recommended conditions under “The following group of conditions have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises” in the Recommendation section of this report.

 

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, where works may affect structures on adjoining sites. 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.

 

Furthermore, 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. 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.

 

Water seepage from sandstone strata:  It is possible that the sandstone strata immediately uphill from objectors property will be disrupted by high impact excavation and vibration. The proposed works may increase the quantity of water and direction of flow.

 

A preliminary geotechnical report has been provided in support of the proposal and this has not been identified as a potential issue. The proposed development has been reviewed by Council’s development engineer and this has not been identified as a potential issue. Notwithstanding, conditions have been recommended that are considered to address the objectors concerns, as discussed above.

 

Stormwater overflows: Concerns are raised about possible over taxing of stormwater if water from the rear of the property is pumped up to the road. Any overflow from the drain would flow directly into objectors property.  Will the DA include expansion of the capacity of the stormwater drain? Will an independent Hydrology Report be requested to establish the exact capacity of the storm water system?

 

The proposal has been reviewed by Council’s Development Engineer and conditions are recommended to address stormwater discharge from within the site.

 

Prior to the issue of a construction certificate, detailed drainage plans with levels reduced to Australian Height Datum (AHD), shall be prepared by a suitably qualified Hydraulic Engineer and be submitted to and approved by the certifying authority.  A copy of the plans shall be forwarded to Council, if Council is not the certifying authority.

 

The drainage plans must demonstrate compliance with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing and Drainage - Stormwater Drainage) and the relevant conditions of this development approval.

 

Noise from impact excavators:  What measures will be taken to minimise the noise and disruption to all nearby residents? Can any excavation be limited to use of sandstone saws as opposed to high impact (and high noise) drills? Has an Acoustic/Environmental Report been prepared? What limitations to days and hours of work have been specified so that nearby residents have some respite from anticipated noise, dust and general construction-based irritation?

 

Standard conditions have been recommended that are considered to reasonably address the objectors concerns.

 

Building, demolition and associated site works have been limited with specific hours related to excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like.

 

In terms of noise and dust impacts, all work and activities must be carried out in accordance with the relevant regulatory requirements and Randwick City Council policies, including The Protection of the Environment Operations Act 1997.

 

Furthermore, conditions are recommended that require the submission of a Construction Management Plan and a Construction Noise and Vibration Management Plan

 

Building height: Given the sensitive foreshore location of the proposed development, we believe the DA should be held strictly to the Council specified height limit applicable to buildings within the Foreshore Preservation Zone.

 

The proposal has been assessed against the provisions of the DCP Dwelling Houses and Attached Dual Occupancies and is considered to satisfy the relevant objectives in relation to building height, as detailed within the body of this report.

Floor space ratio and building setbacks:  The DA proposes a floor space ratio far in excess of Council’s specified building code limit and does not comply with the Council’s specified setbacks.  Houses within the Foreshore Preservation Zone should adhere to the Council’s code.

 

The proposal has been assessed against the provisions of the DCP Dwelling Houses and Attached Dual Occupancies and is considered to satisfy the relevant objectives in relation to floor space ratio and building setbacks, as detailed within the body of this report.

Overshadowing and ventilation: The four storey height of the development will mean that the bedrooms on the Western side of objectors house will receive significantly less sun light in the afternoons. The bathroom on the western side of objectors house will receive less air flow due to the bulk of the building and the height of the proposed development.

 

The proposal has been assessed against the provisions of the DCP Dwelling Houses and Attached Dual Occupancies and is considered to satisfy the relevant objectives in relation to overshadowing and ventilation, as detailed within the body of this report.

Building Certification Inspections: It is requested that Randwick City Council take full responsibility for Building Certification Inspections and not allow these critical assessments be handled by an outside agent.

 

Prior to the commencement of any works, a Principal Certifying Authority (PCA) must be appointed to carry out the necessary building inspections and to issue an occupation certificate. The PCA cannot be restricted to Council through conditions of consent.

 

Insurance covering damage to nearby properties: What insurance coverage will be arranged to cover possible damage to nearby private properties and to Council owned land situated on either side of the access driveway?  Does the insurance cover require detailed pre-construction assessment of all properties likely to be affected?

 

Any damage done to the private property through the construction process would need to be resolved privately. No conditions of consent are recommended that require the applicant to hold an insurance policy to cover damage to adjoining properties. 

Notification: No notice has been posted in front of the property.

 

This is not required as the development application was not advertised. 

 

No. 25 Liguria Street:

 

Issues Raised in Submission

Comment

Zone No. 2A Objectives: Inconsistency with Residential 2A zone objectives under Randwick LEP 1998.

 

See assessment against the Randwick LEP 1998 (Consolidation) Zone No. 2A objectives within the body of this report.

Building height: Non-compliance with DCP in relation to wall height will result in streetscape and view loss impacts. The removal of the 4th storey component which sits above the 7m wall height limit is recommended to address objection.

 

The proposal has been assessed against the provisions of the DCP Dwelling Houses and Attached Dual Occupancies and is considered to satisfy the relevant objectives in relation to building height, as detailed within the body of this report.

Setbacks: Non-compliance with DCP in relation to side setbacks. It is requested that side setbacks are increased and greater articulation is provided to reduce visual bulk and improve solar access.

 

The proposal has been assessed against the provisions of the DCP Dwelling Houses and Attached Dual Occupancies and is considered to satisfy the relevant objectives in relation to setbacks, as detailed within the body of this report.

 

Proposed modification: It is requested that the rear setback of the void area from the rear boundary is increased by 1-metre and the depth of the privacy screen at the rear is reduced from 1m to 0.5m to reduce the degree of view loss from the rear of the primary living area.

 

Modifications have been proposed by the applicant that partially respond to the objectors recommendation: the setback of the void area from the western boundary have been setback an additional 1.5m.  Furthermore, see comments in relation to view loss, below.

Proposed modification: It is requested that landscaping is provided along the western boundary at the rear adjacent to No. 25 Liguria to improve mutual privacy between the respective pool/terrace areas.

Some landscaping has been proposed along the western boundary of the site. The proposal has been assessed against the provisions of the DCP Dwelling Houses and Attached Dual Occupancies and is considered to satisfy the relevant objectives in relation to privacy, as detailed within the body of this report.

 

Floor Space Ratio: Non-compliance with DCP in relation to floor space ratio

 

The proposal has been assessed against the provisions of the DCP Dwelling Houses and Attached Dual Occupancies and is considered to satisfy the relevant objectives in relation to floor space ratio, as detailed within the body of this report.

 

Overshadowing: Non-compliance with DCP in relation to overshadowing

 

The proposal has been assessed against the provisions of the DCP Dwelling Houses and Attached Dual Occupancies and is considered to satisfy the relevant objectives in relation to overshadowing, as detailed within the body of this report.

 

View Loss: View loss impacts are unacceptable. Due to non-compliance with DCP preferred solutions, view loss as a result of the

 

See comments in relation to view loss, below.

PO Box 55, Maroubra 2035:

 

Issues Raised in Submission

Comment

No objection to the development based on the following details:

 

Setback from rear boundary:

G Level: 15m

Level 1: 19m plus 4m balcony

Level 2: 19m plus 1.5m balcony

Level 3: 26m plus 5.5m balcony

 

See DCP Dwelling Houses and Attached Dual Occupancies rear setback:

 

Setback from rear boundary:

Basement: 15.2m

Ground: 19.5m plus 4.8m balcony

First: 19.5m plus 1.2m balcony

Second: 26.2m plus 5.5m balcony

 

 

5.        Key Issues:

 

View Loss Assessment

The proposed development has the potential to obscure views of Lurline Bay and the Pacific Ocean obtained from No. 25 Luguria Street, located to the west of the site. Amendments have been proposed that reduce view loss impacts associated with the proposal as discussed above. An assessment of the proposal against the Principles of View Sharing established by the Court in Tenacity Consulting v Waringah [2004] NSWLEC 140 has been undertaken below.

 

Affected Property

·     Assessment of views to be affected

·     Part of property where views are obtained

·     Extent of the impact

No. 25 Liguria Street.

Views from No. 25 Liguria Street are obtained primarily to the south east at ground level from living areas and to the east at first floor level from bedrooms. Views take in Lurline Bay, the Pacific Ocean and the interface between land and water.

Views to the Pacific Ocean are obtained directly over the side (eastern) boundary of the site and views to Lurline Bay are obtained over the side and rear boundaries.

Views from ground floor living areas are available from sitting and standing positions whereas views from first floor bedrooms are available primarily from a standing position. The dwelling has been designed primarily to take advantage of views to the south east to Lurline Bay and these are considered to be high quality and views. Views to the east from first floor bedrooms are considered to be of moderate-high quality.

The maximum height of the proposed  dwelling (RL35.05) is generally the same height as the sill height of windows on the eastern elevation of No. 25 Liguria Street at first floor level (RL34.92). Photographs taken from a site visit to the objectors property are provided below and give a general overview of view loss impacts as a result of the development. Primary views to Lurline Bay that include the interface between land and water are expected to be generally unaffected by the proposal.

 

Note that red dashed lines depicting the extent of the proposed dwelling are indicative only.

 

View across rear elevation of No. 27 to the east. Ground floor level.

1st Floor Level

 

View from first floor across mezzanine area to the south east.

 

2nd Floor Level

 

View from first floor level to the east over existing ridge of No. 27 Liguria. The sill of the window in the foreground is RL34.92 and the maximum height of the dwelling is RL35.050.

 

Reasonable-ness 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, in this instance, the DCP: Dwelling Houses and Attached Dual Occupancies. A detailed assessment against this policy control is provided within the body of this report. Overall, the proposed development is considered to satisfy the relevant objectives and performance requirements of the DCP.

 

The occupants of No. 25 Liguria Street are expected to retain the high quality views that are currently enjoyed from ground floor living areas as shown in the image below. These views take in Lurline Bay, the Pacific Ocean and the interface between land and water.

 

 

The design of the proposed dwelling is considered to demonstrate an “up” as opposed to “out” approach to development within the site. Horizontal extensions (i.e. to towards the rear boundary) are limited, particularly at upper levels, which is considered desirable as extensions toward the rear boundary would potentially block high quality views obtained from internal living areas.

 

Through the assessment process, the applicant has submitted amended plans that reduce the impacts of the proposed development in relation to view loss. These include the deletion of the lift shaft at the front of the dwelling which has reduced the length of the second floor level from 8.07m to 5.5m and the void at first floor level has been set in from the western side boundary by and additional 1.5m to reduce the loss of views obtained to the south east from ground level and the mezzanine area. The maximum height of the dwelling has also been lowered from RL35.150 to RL35.050.

 

 

 

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 reasonably expected as a result of reasonable development within the subject site.

 

 

6.    Engineering Comments

 

The proposal was referred internally to Council’s Development Engineering Department for review. Recommended conditions in relation to vehicle crossings, alignment levels, public utilities and landscaping have been included in the recommendation section of this report. Detailed comments are provided below.

 

Landscape Comments

Growing centrally within the garden bed bounded by Liguria Street and the retaining the wall which runs along the northern edge of the internal driveway, there is a mature Banksia integrifolia (Coastal Banksia) of approximately 8 metres in height, which is covered by Council’s Tree Preservation Order (TPO) due to its location on public property, and also benefits the local environment by providing a food and habitat source for native fauna along this harsh and exposed coastal corridor, and so must be retained.

 

Its southern structural leader at ground level grows almost laterally, and while the plans appear to show that part of the existing block wall will be re-constructed, discussions with Council’s Development Engineer confirmed that this is not the case, so any threats to this tree will be minimal, from trucks and machinery during deliveries and similar, and as such, only precautionary type conditions are needed.

 

The rest of this wedged shaped ‘garden bed’ on public property contains a mixture of weeds (Lantana) and other plants and shrubs that have been planted by owners for the purpose of beautification and privacy, but is now overgrown and unable to be maintained, with the submitted landscape plan indicating that, as part of the works, the applicant will remove the invasive Lantana.

 

Council supports this, and should the applicant wish to undertake further improvements such as planting or similar, a condition has been included requiring that this be at the applicant’s cost, to Council’s satisfaction, and that a Concept Plan be provided.

 

Still on public property, on the turfed section of the verge, and to the northwest of the tree described above, there is a similarly sized Eucalyptus robusta (Swamp Mahogany) which should not be affected given an absence of any works in this area, and despite the plans showing that a new pedestrian path will be constructed just to its west, Council’s Development Engineer has confirmed that this will not be necessary given that the existing stairs already provide direct access onto the neighbours driveway at no.25, and as such, is to be deleted.

 

The Lagerstroemia indica (Crepe Myrtle) located centrally in the front yard, in the northwest corner, is an insignificant specimen that can be removed in order to accommodate the proposed works as shown, with the replacement planting shown on the submitted landscape plan deemed appropriate, and as such, should be implemented.

 

While there is no significant vegetation within the rear yard of the subject site, there is a 5 metre tall Callistemon viminalis (Bottlebrush) growing in the rear yard of the adjoining property to the east, 29 Liguria Street, as well as a Banksia integrifolia (Coastal Banksia, tree 5) of similar dimensions to the south, within 1B Mermaid Avenue, both close to the common boundaries.

 

In order to deal with the natural topography of this site and area which sees the land fall steeply away to the southeast, brick retaining walls have already been constructed along the length of the eastern, southern and western boundaries, and would have acted as physical barriers to prevent the growth of roots into the subject site.

 

Despite the plans showing that these existing boundary walls will be replaced as part of the works, and new gardens and terraces created throughout this rear portion, no impact on these neighbouring trees is expected, with only a general, precautionary condition required.

 

Drainage Comments

Stormwater runoff from the redeveloped portion of the site shall be managed in the following manner:

 

A.   Stormwater runoff shall be discharged through a private drainage easement(s) to the coastal reserve. It is noted that all stormwater must be taken through a sediment/silt arrestor pit prior to being discharged through the easement(s). Further, a headwall and appropriate scour protection is to be provided around the outlet pipe in the reserve.

 

OR

 

A.   Should the applicant be unable to obtain a private drainage easement over properties to the rear of the development site (to facilitate stormwater discharge in accordance with option A); consideration will be given to discharging stormwater to a drainage pit at the front of the property and then its connection to the existing drainage pit opposite the eastern edge of the driveway at No 29 Liguria St. Connection to the existing drainage pit will be to Council’s requirements.

 

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

 

The pump system must also be designed and installed strictly in accordance with Randwick City Council's Stormwater Code.

 

7.    Environmental Planning and Assessment Act 1997

 

The Development application has been assessed in accordance with the provisions of the Environmental Planning and Assessment Act 1997 and, in particular, the following planning documents are specifically addressed:

 

·      Environmental Planning and Assessment Act 1997

·      Randwick Local Environmental Plan 1998 (Consolidation)

·      Draft Randwick Local Environmental Plan 2012 (Draft LEP)

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

·      Development Control Plan: Dwelling Houses and Attached Dual Occupancies

 

In relation to 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) the proposed development is consistent with the dominant residential character in the locality and is not considered to result in detrimental social or economic impacts on the locality. Impacts such as view loss, overshadowing, privacy, visual bulk and streetscape amenity have been addressed within the body of this report.

 

8.    Randwick Local Environmental Plan 1998 (Consolidation)

 

8.1      Clause 10: Residential A Zone Objectives

The objectives of the Residential A 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 involves a new part 3- part 4 level detached residential dwelling. The proposal is considered to satisfy the objectives of the Residential 2A Zone in that it would not compromise the low density character of the locality or unreasonably impact on the amenity of neighbouring sites (e.g. view loss, overshadowing, visual bulk, ventilation or privacy). The scale and architectural style of the proposal is consistent with existing development within visual proximity to the site and the proposal is not expected to have any adverse impacts on the visual amenity of the streetscape.

 

8.2      Clause 29: Foreshore Scenic Protection Area

The subject site is located in the Foreshore Scenic Protection Area indicated on the RLEP zoning map. Council may only grant development consent to a proposal within the FSPA after it has considered the probable aesthetic appearance of the proposed building in relation to the foreshore.

 

The proposal will be compatible with the form of surrounding residential development in relation to bulk and scale. Subject to recommended conditions, the proposed finishes will be generally compatible with existing development in the locality and are not expected to detract from the aesthetic qualities of the foreshore area. Overall, the proposal is expected to satisfy Clause 29 of the RLEP 1998.

 

8.3      Clause 40: Earthworks

The proposal involves excavation up to a depth of approximately 3m. The proposed development has been assessed against the provisions of Clause 40 – Earthworks of the Randwick LEP 1998 (Consolidation). The applicant has provided a preliminary geotechnical investigation: Geotechnical Investigation for Proposed New Dwelling at 27 Liguria Street, South Coogee, NSW prepared by Jeffery an Katauskas Pty Ltd on 3 November 2011 Ref: 25278ZRrpt (“preliminary investigation”).

 

Objectives

Comment

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

The preliminary investigation submitted by the applicant identifies the key geotechnical constraints of the site and outlines appropriate construction methodology. It is recommended that conditions are attached to any approval requiring a geotechnical report to be prepared for the development by a suitably qualified and experienced professional engineer to the satisfaction of the Certifying Authority, which includes the following details:-

 

·     Geotechnical details which confirm the suitability and stability of the site for the development and relevant design and construction requirements to be implemented to ensure the stability and adequacy of the development and adjacent land.

 

·     Details of the proposed methods of excavation and support for the adjoining land (including any public place) and buildings.

 

·     Details to demonstrate that the proposed methods of excavation and construction are suitable for the site and should not result in any damage to the adjoining premises, buildings or any public place, as a result of the works and any associated vibration.

 

·     The adjoining land and buildings located upon the adjoining land must be adequately supported at all times throughout demolition, excavation and building work, to the satisfaction of the Principal Certifying Authority.

 

·     Written approval must be obtained from the owners of the land to install any ground or rock anchors underneath the adjoining premises (including any public roadway or public place) and details must be provided to the Certifying Authority.

 

In addition to the above recommended condition, a condition has been recommended that requires a dilapidation report to be prepared by a professional engineer or suitably qualified and experienced building surveyor and submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings and ancillary structures located upon all of the premises adjoining the subject site. The report (including photographs) are required to detail the current condition and status of any structures located upon the adjoining premises, which may be affected by the subject works.  A copy of the dilapidation report must be given to the owners of the premises encompassed in the report/s before commencing any works.

 

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

The proposed development and associated works reflects that which is anticipated by the zoning of the site. Excavation for basement parking is necessary in order to provide the proposed off street parking for the development. Subject to recommended conditions in relation to geotechnical issues and site stability, proposed earthworks are not expected to unreasonably affect the future use or redevelopment of the land.

 

 

9.        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?

Dwelling Houses are permitted within the Zone.

Part 3- part 4 level detached residential dwelling

Yes

Floor Space Ratio (Maximum)

0.65:1

0.73:1

No

Height of Building (Maximum)

9.5m

12m

No

Lot Size (Minimum)

Not applicable to existing single dwelling houses.

 

 

N/A

Earthworks

Cl2.9(1)(a)-(b), (3)(a)-(g).

 

The proposed development is expected to generally satisfy the relevant considerations in relation to earthworks prescribed by the Draft LEP 2012.

Scenic Protection.

Cl6.3 (1) (a)–(d), (2), and (3) (a)-(b).

See above.

 

Yes.

 

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

 

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

 

11. Development Control Plan: Dwelling Houses and Attached Dual Occupancies

 

The proposed development has been assessed against the DCP: Dwelling Houses and Attached Dual Occupancies and is considered to satisfy 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.

 

 

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 conditions have been recommended that require compliance with BASIX certificate recommendations.

·   Given the topography and orientation of the site, principle private open space areas located to the south of the dwelling are expected to receive limited levels of solar access thought the day. Solar access in the morning and afternoon is obstructed by existing development on adjoining sites and by the proposed development at midday. In order to address this issue (to achieve the DCP preferred solution of 3 hours between 9am and 3pm on 21 June), it is expected that the design of any dwelling would be significantly compromised.

·   A north facing balcony at upper ground floor level and the proposed roof terrace  at fourth floor level would receive adequate levels of solar access throughout the day.

·   North facing windows associated with the proposed development will receive adequate levels of solar access throughout the day.

·   There are no known solar panels on adjoining dwellings that would be affected by the proposed development and expected overshadowing impacts will not preclude the installation of solar panels on adjoining dwellings in the future.

·   While overshadowing of adjoining dwellings will increase, the proposed development is not expected to overshadow north facing windows of either adjoining dwelling and will not cast a shadow over the principle outdoor space of adjoining dwellings for more than 3 hours between 9am and 3pm on 21 June.

·   Overshadowing is expected to fall on the windows of the eastern elevation of No. 25 Liguria Street until approximately 11am on 21 June.

·   Overshadowing is expected to fall on the windows of the western elevation of No. 29 Liguria Street from approximately 1pm onwards on 21 June.

 

 

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.

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

·   Adequate areas of soft landscaping has been provided within the site.

 

 

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 is considered to satisfy the objectives and performance requirements of the DCP in relation to landscaping and open space for the following reasons:

·   The proposal provides for approximately 104m2 (22%) soft landscaping and 238.6m2 (51%) total landscaped area.

·   In excess of 25m2 usable private open space with adequate dimensions has been provided.

·   The proposal has been reviewed by Councils landscape engineer and no objection has been raised in relation to any vegetation removal.

 

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 DCP preferred solution for floor area associated with the site is 0.59:1 or 272m2. The proposal has 340m2 gross floor area and a floor space ratio of 0.73:1. Notwithstanding, the proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to floor area for the following reasons:

·   The bulk of the proposed dwelling is considered to be visually comparable to surrounding development, such as 34, 36 and 38 Liguria Street.

·   Much of the bulk of the proposed dwelling will be obscured by the topography of the locality and not clearly visible from the streetscape. Furthermore, part of the proposed floor area is contained partially below ground level.

·   Due to the configuration of the proposal, the footprint of the dwelling reflects development on adjoining sites, to the west in particular, and adequate areas of landscaping and private open space are accommodated within the site. 

·   Impacts associated with view loss, privacy and overshadowing have been addressed within this report and are considered to be acceptable.

·   The proposed dwelling has been designed to incorporate architectural elements that articulate and modulate to the façade to enhance visual interest to the street front and reduce visual bulk impacts.

Existing development to the north of the site: 34, 36 and 38 Liguria Street.

 

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 height of development within the site will increase by 1.15m from RL33.9 (ridge of existing dwelling) to RL35.05 (proposed dwelling).  The maximum external wall height of the proposed dwelling is 12m and occurs at the south eastern corner. Excavation is proposed to a maximum depth of 3m. Notwithstanding, 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 topography of the site has been heavily modified to accommodate a level building platform for the existing dwelling house. As a result, the existing building platform sits below what is expected to have been the original ground level of the site. A large retaining wall, reaching 3.5m is located on the western boundary of the site. The height of the proposed dwelling is considered to relate to the natural topography and fall of the site.

·   The maximum height of the dwelling (RL35.05) is approximately 6.25m above the top of the retaining wall on the western boundary of the site/ground level within the front yard of No.25 Liguria Street.

·   The proposed dwelling steps to follow the natural fall of the site to the east and the south.

·   The height and scale of the proposed development is generally consistent with the scale of more recent development that has occurred within proximity of the site such as 34, 36 and 38 Liguria Street. 

·   The maximum height of the dwelling relates to the fourth floor level, which contains one bedroom and ensuite. At this height, the length of the dwelling is 5.53m and the width is 7.15m and is not a large component of the overall building.

·   The maximum height of the dwelling (RL35.05) is generally the same height as the sill height of windows on the eastern elevation of No. 25 Liguria Street at first floor level.  While the upper floor level will contribute to the partial loss of views that are obtained primarily from a standing position in upper floor bedrooms over the ridgeline of the existing house,  the high quality views obtained to the south and south east are largely unaffected by the proposal.

·   The proposal incorporates a flat roof design, which limits the view loss impacts of the development and the maximum external wall height generally reflects the maximum height of the dwelling.

·   The proposed dwelling will not unreasonably compromise the privacy of adjoining sites.

·   As discussed in relation to 3.1 Solar Access and Energy Efficiency, the proposal satisfies the objectives and performance requirements of the DCP in relation to overshadowing.

 

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

 

Front setback:

·   The proposed dwelling is setback 6.89m from the front boundary of the site and generally aligns with the average front setback of adjoining dwellings. 

Side setbacks:

·   Basement: 995mm (east); 1005mm (west)

·   Ground: 980mm (east); 1005mm (west)

·   First: 980mm (east); 1005mm (west)

·   Second: 2935mm (east); 1270mm (west)

Rear setback:

·   Basement: 15.2m

·   Ground: 19.5m

·   First: 19.5m

·   Second: 26.2m

The side setbacks of the proposed development do not comply with the preferred solutions of the DCP. Notwithstanding, the objectives of the DCP as they relate to side setbacks are considered to be satisfied for the following reasons:

·   As discussed in relation to 3.1 Solar Access and Energy Efficiency, the proposal satisfies the objectives and performance requirements of the DCP in relation to overshadowing.

·   The proposed development is not expected to unreasonably obstruct air flows to adjoining properties.

·   The side setbacks generally align with the setbacks associated with the existing dwelling and are reflective of development within visual proximity to the site.  No adverse streetscape impacts are expected as a result of the side setbacks associated with the proposed dwelling.

 

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:

·   Windows on side elevations are limited and the large window on the eastern elevation at first floor level will be glazed with translucent glass.

·   Windows and balconies are generally orientated to capitalise on views that are available to the south east and east.

·   The main terrace off the ground floor living area has a maximum depth of 4.84m and is not considered to be excessive in size. The small balcony at first floor level is located off a bedroom and is not expected to be a location where large numbers of people will congregate.

·   The rooftop terrace is located off the fourth bedroom and separated from main living areas by two levels. The lift providing direct access to this floor has been deleted.   Accordingly, this space is not expected to be a location where large numbers of people will congregate. The terrace is also setback from the side of the level below to limit direct sightlines to surrounding sites.

·   Given the context of the site (foreshore area) and the expectation of capitalising on available views, the proposed development maintains adequate levels of privacy in relation to surrounding residential development.

 

 

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.

 

Adequate surveillance of the streetscape is provided. The visibility if the front entrance to the dwelling is acceptable.  The proposal is considered to satisfy the objectives and performance requirements of the DCP in relation to safety and security.

 

 

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

 

The proposed garage is located below street level and will not be immediately visible from the street.  The proposed configuration of parking and access has been reviewed by Council’s development engineer. Recommended conditions in relation to access and grades have been provided and are included in the recommendation.

 

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 new fencing is proposed at the street boundary. 

 

12. 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

$1,457,574.00

1%

$14,575.74

 

13.      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

Refer to table above.

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

The proposal satisfies the objectives and performance requirements of the DCP Dwelling Houses and Attached Dual Occupancies as discussed in the body 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 any unreasonable social or economic impacts on the locality.

Section 79C(1)© – 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:                 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 will not result in any 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 the attached conditions of consent.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 895/2011 for demolition of existing dwelling and construction of a new 4 level dwelling with double garage, swimming pool to rear, landscaping and associated works, at No. 27 Liguria Street, 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

Rev.

Drawn by

Stamped

DA1.01

B

Manolev Associates Pty

03 July 2012

DA1.02

A

Manolev Associates Pty

24 November 2011

DA1.03

B

Manolev Associates Pty

03 July 2012

DA1.04

B

Manolev Associates Pty

03 July 2012

DA1.05

B

Manolev Associates Pty

03 July 2012

DA1.06

B

Manolev Associates Pty

03 July 2012

DA1.07

B

Manolev Associates Pty

03 July 2012

External Finishes Sample Board

Manolev Associates Pty

03 July 2012

 

BASIX Certificate

No.

Dated

27 Liguria Street

394635S

02 December 2011

 

2.       The pedestrian path that has been proposed between the existing public stairs and the Liguria Street kerb, running parallel to the eastern edge of the vehicle crossing at 25 Liguria Street must be deleted from all plans.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

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

 

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


 

Consent Requirements

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

 

External Colours, Materials & Finishes

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

 

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,457,574.00, the following applicable monetary levy must be paid to Council: $14,575.74

       

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

 

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

 

Long Service Levy Payments

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

 

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

 

Security Deposit

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

 

·           $7000.00    -      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.

 

The following group of conditions have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

8.       A report must be obtained from a suitably qualified and experienced professional engineer, which confirms the suitability and stability of the site for the proposed building and which confirms the suitably and adequacy of the proposed design and construction of the building for the site, to the satisfaction of the Certifying Authority prior to the issue of construction certificate.

 

9.       A report must be obtained from a suitably qualified and experienced professional engineer which details the proposed methods of excavation and support for the adjoining land (including any public place) and buildings, to the satisfaction of the Certifying Authority prior to the issue of construction certificate.

 

The adjoining land and buildings located upon the adjoining land must be adequately supported at all times throughout demolition, excavation and building work, to the satisfaction of the Principal Certifying Authority.

 

10.     A report must be obtained from a suitably qualified and experienced professional engineer and be submitted to the Certifying Authority, if it is proposed to install any driven type piles/shoring or excavate within rock. The report must demonstrate that the proposed methods of excavation and construction are suitable for the site and should not result in any damage to the adjoining premises, buildings or any public place as a result of the works and any associated vibration, to the satisfaction of the Certifying Authority prior to the issue of construction certificate.

 

11.     Written approval must be obtained from the owners of the land to install any ground or rock anchors underneath the adjoining premises (including any public roadway or public place) and details must be provided to the Certifying Authority prior to the issue of construction certificate.

 

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

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 with the BCA are to be included in the construction certificate application.

 

Smoke Alarms

13.     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

14.     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

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

 

Driveway Entrance:

Western Edge – RL 24.57

Eastern Edge – RL 24.47

 

The design alignment levels at the property boundary as issued by Council must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

    

16.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $519.00 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

17.     The gradient of the internal access driveway must not exceed a grade of 1:8. Details of compliance are to be included in the plans submitted for the Construction Certificate.

 

Pedestrian Entrance Design

18.     The pedestrian path that has been proposed between the existing public stairs and the Liguria Street kerb, running parallel to the eastern edge of the vehicle crossing at 25 Liguria Street, is not necessary, and must be deleted from all plans.

 

19.     Prior to the issuing of a Construction Certificate the applicant is to amend the step design so as to reduce/minimize stormwater runoff from the steps on Council property directly into the property at the pedestrian entrance.

 

Note: The step design must comply with the Building Code of Australia & AS 1657-1992. Any handrails are also to demonstrate compliance with the relevant Australian Standard.

 

Retaining Wall Dilapidation Report

20.     Prior to the issuing of a Construction Certificate the applicant is to submit a detailed dilapidation report with photos regarding the sandstone retaining wall on the northern side of the Council driveway servicing the property and the shared vehicle access way in their entirety. The applicant/owner will meet the cost of any repairs required by Council to the retaining wall which may be caused by the demolition/building process of the new dwelling.

 

21.     Prior to the issuing of a Construction Certificate the applicant is to submit a detailed dilapidation report with photos regarding the boundary wall between No. 27 and No. 29 Liguria Street.

 

Sydney Water

22.     Prior to the issuing of a construction certificate the approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect any Sydney Water asset’s sewer and water mains, stormwater drains and/or easement, and if further requirements need to be met. Plans will be appropriately stamped.

 

         Please refer to the web site www.sydneywater.com.au for Quick Check agent details and Guidelines for Building Over/Adjacent to Sydney Water Assets.

 

Stormwater Drainage

23.     Prior to the issue of a construction certificate, detailed drainage plans with levels reduced to Australian Height Datum (AHD), shall be prepared by a suitably qualified Hydraulic Engineer and be submitted to and approved by the certifying authority.  A copy of the plans shall be forwarded to Council, if Council is not the certifying authority.

 

The drainage plans must demonstrate compliance with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing and Drainage - Stormwater Drainage) and the relevant conditions of this development approval.

 

24.     Stormwater runoff shall be discharged either:

 

a)   Through the use of a charged system and/or

b)       a pump out system.

 

25.     Should a charged system be required to drain any portion of the site, the charged system must be designed with suitable clear-outs/inspection points at pipe bends and junctions.

 

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

The pump system must also be designed and installed strictly in accordance with Randwick City Council's Stormwater Code.

 

27.     All site stormwater which is discharged discharged from the site, must be taken through a sediment/silt arrester pit. The sediment/silt arrestor pit shall be constructed with:-

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

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

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

·        A galvanised heavy-duty screen located over the outlet pipe (Mascot GMS Multi-purpose filter screen or similar)

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

·        The inlet pipeline located on the side of the pit so that the stormwater will discharge across the face of the screen.

·        A sign adjacent to this pit stating that:

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

 

28.     Prior to the issuing of a Construction certificate the submitted drainage plans by Rafeletos Zanuttini (Job No 44096 PC - Sheet 1) shall be amended to show a Council stormwater drainage line being extend west from the existing single grated gully pit, located outside No 29 Liguria St, to in front of the driveway entrance of No 27 Liguria St with construction of a new single grated gully pit.

 

Note: The plans are also to show the required sediment/silt arrester pit at the front boundary draining into the new Council single grated gully pit.

 

29.     As the above site may encounter groundwater/seepage water within the depth of the basement excavation, the basement garage and/or similar structures are to be suitably tanked and/or waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking and/or waterproofing has been carried out to an acceptable standard, to the satisfaction of the certifying authority. A copy of the certification is to be forwarded to Council.

 

Notes:

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

 

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

 

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

 

Protection of Council’s Street Tree

31.     In order to ensure retention of the mature Banksia integrifolia (Coastal Banksia, tree) located within Council’s public verge in front of the site in good health, the following measures are to be undertaken:

 

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

 

b.       There is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within this public area, with all Site Management Plans needing to acknowledge this requirement.

 

c.       Should any part of the retaining wall along the southern edge of this garden area that adjoins the internal driveway need to be demolished, repaired or similar during the course of works, temporary shoring of the exposed soil profile must be provided in order to prevent de-stabilising of this raised area and potential failure of the tree.

 

d.       A refundable deposit in the form of cash, credit card or cheque for an amount of $1000.00 shall also be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of the tree and surrounding garden area.

 

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

 

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

 

Protection of neighbours trees

32.     In order to also ensure retention of the two neighbouring trees, being a Callistemon viminalis (Weeping Bottlebrush) located beyond the eastern boundary, within the adjoining property at 29 Liguria Street, as well as the Banksia integrifolia (Coastal Banksia) located beyond the southern site boundary, within 1B Mermaid Avenue in good health, the following measures are to be undertaken:

 

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

 

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

 

c.       In order to prevent soil/sediment being washed towards these two neighbouring trees, and over their root systems, erosion control measures shall be provided along the common boundaries adjacent their trunks, with all Site Management Plans needing to recognise the fact that material storage cannot be located within or adjacent to their driplines/canopies.

 

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

33.     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

34.     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

35.     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

36.     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

37.     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

38.     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

39.     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.

 

Sydney Water

40.     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.

 

Demolition & Construction Waste

41.     A Demolition and Construction Waste Management Plan (WMP) must be development and implemented for the development, to the satisfaction of Council.

 

The Waste Management Plan must provide details of the type and quantities of demolition and construction waste materials, proposed re-use and recycling of materials, methods of disposal and details of recycling outlets and land fill sites.

 

Where practicable waste materials must be re-used or recycled, rather than disposed and further details of Council's requirements including relevant guidelines and pro-forma WMP forms can be obtained from Council's Customer Service Centre or by telephoning Council on 9399 0999.

 

Details and receipts verifying the recycling and disposal of materials must be kept on site at all times and presented to Council officers upon request.

 

Construction Site Traffic Management Plan

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

 

The Construction Site Traffic Management Plan must be prepared by a suitably qualified person, be submitted to Council at least 4-6 weeks prior to commencement of works and must include the following details, to the satisfaction of Council:

·        A description of the demolition, excavation and construction works

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

·        Any proposed road and/or footpath closures

·        Proposed site access locations for personnel, deliveries and materials

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

·        Provision for loading and unloading of goods and materials

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

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

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

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

·        Measures to maintain public safety and convenience

       

The Construction Site Traffic Management Plan must prohibit any construction vehicles from blocking the shared vehicle access way that serves the subject site and No. 29 Liguria Street.

 

Public Utilities

43.     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, Ausgrid, Sydney Water and other authorities to adjust, repair or relocate their services as required.

 

Landscaping of public verge

44.     Should the applicant elect to upgrade the overgrown verge in front of the site as part of this application, as has been shown on the approved Landscape Plan, Council would be supportive; however, this would be wholly at the applicant’s cost, and prior to commencing any works on public property, the applicant would need to submit a Concept Landscape Plan that includes the following requirements in the scope of works:

 

·      Removal of the invasive Lantana and those other introduced plants and shrubs that are deemed undesirable by Council;

·      Retention of the two established native trees, being a Banksia integrifolia (Coastal Banksia) and Eucalyptus robusta (Swamp Mahogany);

·      Weed suppression and bank stabilisation including mulch/weed mat and similar;

·      Any new planting must use low growing, low maintenance native species that can withstand the coastal environment, with a planting plan and schedule to be provided.

 

45.     The applicant must comply with Council’s requirements, and can contact Council’s Landscape Development Officer (9399-0613) to discuss should further information be required, with these works to be completed in accordance with the approved Concept Landscape Plan, to Council’s satisfaction, prior to the PCA issuing a Final Occupation Certificate.

 

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

46.     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

47.     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

48.     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

49.     All work and activities must be carried out in accordance with the relevant regulatory requirements and Randwick City Council policies, including:

 

·           Work Health and Safety Act 2011

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

·           Occupational Health and Safety (Asbestos Removal Work) Regulation 2001

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

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997

·           Protection of the Environment Operations (Waste) Regulation 2005

·           Relevant Office of Environment & Heritage / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

·           Randwick City Council Asbestos Policy (adopted 13 September 2005)

 

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

 

Removal of Asbestos Materials

50.     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

51.     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

52.     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

53.     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.

 

54.     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.

 

55.     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

56.     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

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

 

Site Amenities

58.     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

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

 

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

 

Tree Removals

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

 

Pruning of Street Tree

61.     Due to the steep grade of the existing vehicle access and the restricted area for vehicle movements, at least 4 weeks prior to the commencement of any site works, the applicant must undertake a site assessment to determine access requirements for site machinery and the delivery of materials and similar.

 

62.     Should this inspection reveal that it will be necessary to prune the Banksia integrifolia (Coastal Banksia) growing on Council’s public verge in front of the site in order to either avoid damage to this tree or to assist with construction, the applicant must contact Council’s Landscape Development Officer on 9399-0613, so that a determination can be made on the extent and location of pruning allowable.

 

63.     If pruning is required, it shall only be performed by Council or Council’s authorised agents, and will be wholly at the applicant’s cost, with the required fee to be paid into Tree Amenity Income at the Cashier on the Ground Floor of the Administrative Centre, prior to the issue of a Final Occupation Certificate.

 

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

64.     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

65.     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

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

 

Options may include one or more of the following measures:

 

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

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

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

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

·        Other appropriate effective safety measures or barrier.

 

The relevant measures must be implemented prior to issue of an occupation certificate.

 

Swimming Pool Safety

67.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926.1 - 2007.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

A ‘warning notice’ must be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

Spa Pool Safety

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

 

A ‘warning notice’ must be erected  in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

Swimming Pool & Spa Pool Requirements

69.     Swimming pools (and spa pools) are to be designed, installed and operated in accordance with the following general requirements:

 

a)     Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

 

a)     All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and

                 

b)     Water recirculation and filtrations systems are required to comply with AS 1926.3 – 2010:  Swimming Pool Safety – Water Recirculation and Filtration Systems; and

 

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

 

Notification of Swimming Pools & Spa Pools

70.     Written notification must be provided to Council advising of the installation and completion of the Swimming Pool (or Spa Pool), to satisfy the requirements of the Swimming Pools Act 1992.

 

Council’s “Notification & Registration of a Swimming Pool” form must be completed and forwarded to Council prior to any Occupation Certificate being issued for the pool.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

a)  Extend the Council stormwater drainage line from the existing single grated gully pit outside No 29 Liguria St to in front of the driveway of No 27 Liguria St including the construction of a new single grated gully pit.

b)  Construct a new footpath with steps servicing the pedestrian entrance at the western end of the site including associated works, such as handrails, retaining walls etc. The footpath/steps on Council’s nature strip are to be a minimum 1.00m wide.

 

72.     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.

 

73.     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.

 

a)     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.

 

b)     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.

 

c)     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.

 

74.     Any damage sustained to the garden bed on public land in front of the site shall be re-instated to Council’s satisfaction, wholly at the applicant’s costs, prior to the issue of a Final Occupation Certificate.

 

75.     Prior to the issuing of an Occupation Certificate the applicant is to have obtained in writing from Council that Council is satisfied with the condition of the Council sandstone retaining wall.

 

Stormwater Drainage

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

 

Landscaping

77.     The PCA must ensure that landscaping at this site is installed substantially in accordance with the Landscape Plan by RFA Landscape Architects, drawing number L-01, project number 3055a, and dated 28/10/11, with the owner/s to ensure it is maintained in a healthy and vigorous state until maturity.

 

OPERATIONAL CONDITIONS

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

 

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

 

External Lighting

78.     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

79.     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

80.     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

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

 

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

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

 

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

 

Pool Plant & Equipment

83.     The pool plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

·       before 8.00am or after 8.00pm on any Sunday or public holiday; or

·       before 7.00am or after 8.00pm on any other day.

 

Protection of the Environment Operations Act 1997 – Air Conditioners

84.     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

85.     Air conditioning plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

·       before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

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

 

Protection of the Environment Operations Act 1997 – Rainwater Tanks

86.     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

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

 

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

 

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

 

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

 

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

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

 

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                             14 August 2012

 

 

Development Application Report No. D79/12

 

 

Subject:                  103 Botany Street, Randwick (DA/84/2010/B)

Folder No:                   DA/84/2010/B

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Section 96 (2) application to modify the development consent to modify the internal layout of the building, enclose a portion of the front verandah, alter disabled access, delete awnings and change car park layout.

Ward:                      West Ward

Applicant:                ASA Architects Pty Ltd

Owner:                         S Bolisetty & M Rkimma

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 

 

 

 

1.    Executive Summary

 

The application is referred to Council for determination as the original application was determined by Council.

 

The proposal is a Section 96(2) application to modify the consent to modify the internal layout of the building, enclose a section of the verandah to the building, change the disabled access to the building, delete awnings to the front and rear of the building, alter car park layout, alter the windows to the kitchen and lounge within the eastern side elevation and provide for a new upper level deck to the rear bedroom.

 

The main issue is the potential impact of the modifications on the amenity of the adjoining residents and the streetscape.

 

The application is recommended for approval.

 

2.    The Proposal

 

This application seeks consent to modify the existing development consent in the following manner;

 

a)       The internal layout of the building has been amended to retain the existing floor plan. The main changes to the floor plan are that the reception area will be reduced in area and the space previously provided to a larger reception will be used as an additional treatment room.

b)       The existing partially enclosed verandah will be enclosed on the northern side with louvers to provide for an additional waiting area, which will result in an additional 5.5m² of floor area to the building.

c)       The disabled entry ramp has been amended to site the ramp closer to the corner of Botany Street with direct access of the secondary frontage at Magill Street. The ramp remains compliant with the relevant AS1428. The revised ramp reduces the bulk and visual appearance of the previous ramp.

d)       The existing timber awning over the main entrance in the northern elevation of the building is to be retained.

e)       A new awning more in keeping with the building is to be provided to the rear of the building.

f)       Timber slat infill provided beneath the rear portion of the building.

g)       Approval is sought to delete condition 10(a) that states ‘no car space should be set aside exclusively for disabled parking’. It is believed that this condition is not consistent with Council’s policies, the relevant AS2890 and the Disability Discrimination Act.

h)       The carpark layout has been amended to provide one car space which complies with AS2890 and four other spaces within rear yard.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the eastern side of Botany Street at the junction of Magill Street Randwick. The site has overall dimensions of 14m in width and up to 34m in depth with an overall area of 438m²

 

The locality is a mixture of residential and other uses consistent with the adjoining UNSW Campus and the Prince of Wales and Sydney Women’s Hospital Complexes.

 

 

 

 

4.    Site History

 

The original application detailed alterations and additions to the existing dwelling to convert the building into a medical clinic with three consulting rooms and vehicle access. Approval was granted to the original application at the Council Planning Committee meeting of the 10th August 2010.

 

The application has also been the subject of a previous application to modify the consent which provided a single entrance from Magill Street that combined the disabled access and modify the stormwater disposal plan to utilise the existing stormwater system at the front of the building. That application was approved on the 25th October 2011.

 

5.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  No response has been received to this notification.

 

6.    Technical Officers Comments

 

The application has been referred to Council’s Development Engineer for comment and the following comments have been provided in response.

 

Parking Layout

The amended parking layout creating a 5th carspace is satisfactory to Development Engineering and complies with the minimum requirements of AS 2890.1:2006.

 

Parking provision

The parking demand will not change as a result of the proposed modifications. Three consulting rooms continue to be proposed for the development generating a parking demand of 6 carspaces. The proposed amendments to the carpark will result in an improvement of the parking deficiency  from 2 to 1 carspaces which is supported by Development Engineering. 

 

Deletion of Condition 10a

Condition 10a. states:

 

No carspace shall be set aside exclusively for disabled carparking.

 

This condition was recommended by Development Engineering as the original application had a parking shortfall of 2 spaces and there were concerns that any such carspace would be under-utilised exacerbating the shortfall. In addition, as all the carspaces were 3.2m wide this enabled any of the carspaces to be used as disabled parking if required according to the minimum requirements of Council’s DCP-Parking. 

 

The assessing officer is advised however that Australian Standard 2890.6 now requires the provision of an adjacent 2.4m wide ‘shared zone’ when providing disabled carspaces.

 

In effect this means that none of the carspaces in the proposed carpark can now be considered as disabled spaces since they do not meet the shared zone requirement. The lack of disabled parking for the medical facility is not considered critical in this instance however since Council’s DCP-Parking specifies that only 3-4% of all carspaces in medical facilities be dedicated as disabled parking. For the subject development this only amounts to 0.2 carspaces which is not significant.

 

Not withstanding the above, the provision of disabled parking for small sites can often require some balancing of competing demands. With the present information available however Development Engineering recommends that disabled parking not be provided at this point of time to maximise the overall parking availability.

 

The request to remove condition 10a is therefore not supported by Development Engineering

 

The engineering conditions provided for the original application are sufficient to accommodate the proposed modifications and there are no engineering conditions in DA consent 84/2010 required to be amended, deleted or added as a result of this proposal.

 

7.    Relevant Environmental Planning Instruments

 

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

 

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 proposed modification remains substantially the same development.

 

The proposed modifications to the approved development do not alter the overall nature of the proposal and for the purposes of a Section 96 application satisfies the definition of being substantially the same development.

 

8.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

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

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

The proposed modifications to the existing development consent does not require a detailed assessment under the RLEP 2012.

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

 

DCP - Parking

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.

 

 

Overall there are no major objections to the proposed modifications to the approved development as they do not substantially alter the nature of the approved development and will not result in any significant additional impacts to the amenity of the adjoining residential development and the appearance of the building within the local streetscape.

 

In relation to the request in this application to delete condition 10(a) that no specific disabled parking be provided the comments provided by the Development Engineers detail the reasons why that part of the condition was originally imposed to ensure that as much on site parking was available for all patients, and that a specific space, which was not required under the parking DCP, did not result in a space being alienated and unused.

 

The further advice provided by the Development Engineer in reference to this application is that the relevant Australian Standard for disabled access now requires that there is a 2.4m wide shared zone when providing disabled carspace, and that the current parking layout and site constraints mean that none of the carspaces in the carpark can meet this shared zone requirement and therefore cannot comply. It is also noted that under the DCP for Parking the number of spaces provided to this site does not require the provision of a designated disabled space.

 

Therefore the request to delete condition 10(a) cannot be supported.

 

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

 

That the application to modify the development consent be approved, with the exception of condition 10(a) which should be retained.

 

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/84/2010/A for permission to modify the approved development to the health consulting rooms at 103 Botany Street Randwick in the following manner:

 

A.        Amend Condition No. 1 to read:

 

1.       The development must be implemented substantially in accordance with the plans numbered DA01 and DA04 received by Council on the 11 February 2010, DA02 and DA03 received by Council on 27 May 2010 and Landscaping Planting Plan received by Council 21 June 2010 the application form and on any supporting information received with the application, as amended by the Section 96 plans numbered CC01A, CC02A, CC03A, CC04A & CC05A dated 21/9/11 and received by Council on the 30th September 2011, as further amended by the Section 96 plans numbered DA100 Revision D and CD300 Revision D both dated 22.06.12 received by Council on the 22nd June 2012 only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended  by the following conditions and as may be shown in red on the attached plans.

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                             14 August 2012

 

 

Development Application Report No. D80/12

 

 

Subject:                  15 Stanley Street, Randwick (DA/358/2012)

Folder No:                   DA/358/2012

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Installation of hard stand car space to front of dwelling (Heritage Conservation area)

Ward:                      North Ward

Applicant:                C Taylor

Owner:                         C Taylor

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The application is referred to Council for determination at the request of Councillors Seng, Nash and Smith. The application details the installation of a hard stand car space to the front of the dwelling which is situated within the North Randwick Heritage Conservation area. The main issue with the application is the impact that the car space to the front of the dwelling will have upon the heritage significance of the conservation area.

 

The application is recommended for refusal.

 

2.    The Proposal

 

The application details the installation of a hard stand car space to the front yard of the property. The proposal includes the partial excavation of the front yard by up to 300mm and the removal of part of the existing tiled verandah and landscaping to the front of the dwelling to accommodate the car space. The car space has dimensions of 2.5m x 5.5m.

 

The application also includes the removal of the existing front fence and replacement with a 1000mm high timber front fence and entry gates to the car space and pathway.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the southern side of Stanley Street and contains a two storey semi detached style dwelling amongst a group of similar style dwellings. The immediate locality is primarily residential in nature and includes a mixture of semi detached and free standing dwellings, multi unit housing development and schools. The site is also within the North Randwick Heritage Conservation area.

 

The subject dwelling as noted by Council’s Heritage Planner retains is original face brick work, timber casement windows, timber verandah and balcony detailing, and timber fence. This dwelling with the remainder of the group of dwellings makes a positive contribution to the heritage value of the North Randwick heritage conservation area.

 

4.    Site History

 

A previous Development Application, DA/380/2009, for the provision of a car space parallel to the street was refused in September 2009. Comments provided at that time by Council’s Heritage Planner raised concerns in relation to the streetscape impacts due to the dominance of the vehicle in relation to the front elevation and loss of front garden area due to the extent of paved manoeuvring area required.

 

It is also noted that a previous Development Application, DA/460/2011, for 21 Stanley Street for alterations and additions to the dwelling, including a hard stand car space to the front of the dwelling was approved at the Planning Committee meeting of the 9th August 2011.

 

The basis for the recommendation for the approval of the car space to that property was that whilst the existing building fabric should not be altered to allow for provision of a car space that building had already been significantly altered with the existing verandah having already been altered including the replacement of existing tessellated tiles with modern contemporary quarry tiles.

 

 

 

5.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification. No response has been received.

 

6.    Technical Officers Comments

 

The proposal has been referred to Council’s Development Engineers and Heritage Planner for comment.

 

The comments from the Development Engineer note that the car space complies with the minimum requirements of Australian Standard 2890.1:2004 and there are no objections to the car space. Conditions have been provided for inclusion with any Development Consent that may be granted.

 

Council’s Heritage Planner has provided the following comments in relation to the proposal;

 

“The Site

The site is within the North Randwick Conservation Area and is occupied by a two storey semi-detached dwelling, part of a pair comprising nos.15 and 17 Stanley Street.  The pair is part of a group of semi-detached dwellings at the eastern end of Stanley Street comprising nos.15 – 25.  The group generally maintain much of their original Federation character including face brick walls and timber windows, although original roofs have been replaced with concrete tiles and a number of dwellings have had original balcony railings replaced with Victorian style lacework.  The subject dwelling retains its original face brickwork, timber casement windows, timber verandah and balcony detailing and timber fence.  It is considered through its form, materials and detailing that the dwellings make a positive contribution to the heritage value of the North Randwick heritage conservation area. 

 

The Proposal

The application proposes provision of a car space within the front building line, including removal of most the existing elevated front verandah.  Part of the existing approximately 1.5m high timber fence is to be replaced with sliding timber vehicular gates. 

 

Submission

The application has been accompanied by a Heritage Impact Statement prepared by James McCarthy Design which notes that the proposal includes two large planters to break up paved areas and that with the exception of the part removal of the ground floor tiled front verandah, the front elevation remains unaffected by the proposal.  The HIS does not provide a Statement of Significance for the dwelling which is essential for the assessment of heritage impact. 

 

Controls

In relation to Car Parking, Council’s Development Control Plan for Single Dwellings and Dual Occupancies includes an objective in relation to Garages, Carports and Driveways that on-site car parking and driveways do not detract from the appearance of dwellings or the local streetscape.  Council’s Draft Development Control Plan for the North Randwick Conservation Area provides guidelines in relation to on site car parking.  The Draft DCP requires that parking structures or paved areas be located so as not to intrude upon or compete with the original building.  In heritage terms it is preferable for car spaces to be located adjacent to a side boundary, and to minimise loss of planting and front fencing, in order to minimise impact on the streetscape setting of the building.  The existing building fabric should not be altered to allow for provision of the car space. 

Comments

The existing front verandah is elevated 300 - 400mm above the level of the front path and front garden, and comprises tessellated tiles and slate edging matching the original tiles and edging to the other half of the semi-detached pair.  The front garden is also elevated around 150mm above the level of the footpath.  The elevation and sections submitted with the proposal are misleading in this regard, indicating the verandah being at almost the same level as the front garden.  The existing fence, around 1.5m high, comprises timber pickets with turned timber posts, a top and bottom rail and a brick base.  The existing front garden consists of a paved surface with generous garden beds to the edges and in the central area. 

 

It is noted that the front edge of the front verandah of the dwelling has a setback of only 4m from the front boundary.  In order to accommodate the required car length and width as well as steps up from the car space, the proposal will necessitate removal of 3m (60%) of the width of the front verandah, leaving a 1.7m remnant of the original 5m width.  It appears that excavation into the front garden area will also be required.  It is noted that the proposed car space has been located towards the centre of the front garden area between the existing brick blade wall and the timber post which supports the upper level balcony.  Due to the extent of excavation involved (probably below the level of the footings) adjacent to the front wall of the dwelling and the blade wall of the verandah, it is likely that underpinning of existing walls will be required.  The provision of the car space will involve replacement of the existing perimeter and planters with planters to either side of the car space, resulting in a loss of around 3.8m2 of soft landscaped area within the front garden.  The proposal will replace a side pedestrian gate and a 2.7m section the existing timber fence with sliding timber vehicular gates.  The proposal will also replace a 2.7m section of the existing 3m deep grassed verge with a concrete driveway crossing. 

 

The Australia ICOMOS Burra Charter 1999 sets a standard of practice for works to places of cultural significance.  It provides definitions, Conservation Principles and Conservation Processes for heritage management.  In terms of Conservation Principles the Burra Charter requires that Conservation be based on a respect from the existing fabric, use, associations and meanings.  In relation to Conservation Processes it states that demolition of significant fabric is generally not acceptable. 

 

The proposed car space will impact on the fabric of the dwelling, its front garden setting, the front fence and gate, and the grassed verge in front of it.  The existing north facing front verandah and balcony are generally intact and make an important contribution to the heritage significance of the conservation area, forming an important interface between the dwelling and the street.  Similarly the existing front garden and front fencing contribute to the setting of the dwelling and the streetscape of the conservation area.  The heritage impact on the front verandah is increased in this case due to its height and the degree of excavation required.  In relation to the approved car parking to nos.15 and 17, it is noted that these dwellings have been considerably altered including removal of front verandah tiling, and that the front verandahs and front courtyards are at the same level, requiring no excavation.  It is considered that the proposal detracts from the group value of nos.15 – 25 Stanley Street, demonstrates little respect for original building fabric, and devalues the contribution which the building makes to the heritage value of the North Randwick heritage conservation area.  It is considered that the dimensions of the site and the siting of the existing dwelling do not allow for the provision of on-site parking without significant heritage impact. ‘

 

The recommendation from Council’s Heritage Planner is that the proposal should be refused on the following grounds;

 

·      The proposal devalues the contribution which the building makes to the heritage value of the North Randwick heritage conservation area. 

 

·      The proposal detracts from the group value of the semi-detached pair comprising nos.15 – 25 Stanley Street. 

 

·      The proposal does not satisfy the heritage conservation objective in Clause 43(1) of Randwick Local Environmental Plan 1998 (Consolidation), in that the heritage significance of the heritage conservation area (including associated fabric, settings and views) will not be conserved. 

 

·      The proposal does not satisfy the heritage conservation objective in Clause 5.10(1) of Draft Randwick Local Environmental Plan 2012, in that the heritage significance of the heritage conservation area (including associated fabric, settings and views) will not be conserved. 

 

·      The proposal does not comply with the objective in relation to Garages, Carports and Driveways contained in Council’s Development Control Plan for Single Dwellings and Dual Occupancies, in that the on-site car parking will detract from the appearance of the dwelling and the local streetscape. 

 

·      The proposal will set a poor precedent for further inappropriate car parking provision in the heritage conservation area. 

 

7.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

Clause 43 of the LEP details Heritage Conservation and requires that before Council grants consent to development that the effect of the proposal upon the heritage significance of the heritage item or heritage conservation area. As stated above the property is within the North Randwick Heritage Conservation area and consideration has been given by Council’s Heritage Planner on the likely impacts of the development upon the conservation area. The assessment provided by the Heritage Planner is that the dimensions of the site and the siting of the existing dwelling do not allow for the provision of on site parking without significant heritage impact.

 

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 residential

 

Is development permitted under zoning?

Development for the purpose of dwellings is permitted

The proposal details the installation of a new car space and front fence to the existing dwelling

 

Yes

Heritage Conservation

The objectives of Clause 5.10 of the Draft LEP seek to conserve the environmental heritage of Randwick and heritage significance of conservation areas. 

The proposal details the installation of a car space to the front of the existing dwelling.

No, the proposal will result in an adverse impact upon the heritage significance of the conservation area.

 

7.1 Policy Controls

 

Development Control Plan – Dwellings and Attached Dual Occupancies

The Dwellings and Attached Dual Occupancies DCP contains objectives, performance requirements and preferred solutions. Applications are assessed on how well they achieve the objectives and performance requirements, whilst the preferred solutions illustrate a way the performance requirements may be achieved.

 

The following table is derived from the preferred solutions contained in Part 4 of the Dwellings and Attached Dual Occupancies DCP. The preferred solutions (rather than the performance requirements) have been used in the table as they provide a simple, and quantifiable way of achieving compliance. Where the applicant has chosen to address a performance requirement through a means other than the suggested preferred solution, a detailed assessment of the proposal against the relevant performance requirement is provided.

 

 

Proposal

Compliance with preferred solutions of DCP for Dwellings

Landscaping

The installation of the proposed car space will result in a portion of the existing vegetation within the front yard to accommodate the car space.

The proposal will not comply with the relevant objectives and performance requirements of the DCP in that the removal of part of the existing landscaping will not retain existing landscaping and the amenity and appearance of the dwelling in the streetscape.

Car spaces

The car space is to be installed within the front yard of the dwelling and will necessitate the removal of a portion of the existing front verandah and tiles, and the excavation of the front portion of the site by up to 300mm to accommodate the installation of the car space. The overall dimensions of the car space is 2.5m x 5.5m.

 

The provision of a car space to this position within the existing front yard of the dwelling will dominate the appearance of the dwelling and will significantly detract from the existing streetscape setting of this dwelling and the group of dwellings.

 

It is also noted that the proposed car space exceeds the preferred solution 35% width of the site.

Fences

The proposal details a new timber picket style front fence and entry gates 1000mm in height.

The proposed new fence is consistent with the existing front fence and that to nearby dwellings in the conservation area.

 

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 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 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 does not satisfy the preferred solutions in the DCP Dwelling Houses and Attached Dual Occupancies.

 

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

Not applicable.

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

The relevant clauses of the Regulations have been satisfied.

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

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

 

The proposed development is inconsistent with the dominant residential character in the locality. The proposal is 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

 

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 4:       Excellence in urban design and development.

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

 

Conclusion

 

The installation of a car space to the front of the existing dwelling will result in an detract from the setting of the dwelling within the streetscape and the significance and values of the heritage conservation area.

 

Recommendation

 

That Council as the consent authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application No. 358/2012 for permission to install a car space to the front of the dwelling at 15 Stanley Street, Randwick for the following reasons:

 

1.       The proposal devalues the contribution which the building makes to the heritage value of the North Randwick heritage conservation area. 

 

2.       The proposal detracts from the group value of the semi-detached pair comprising nos.15 – 25 Stanley Street. 

 

3.       The proposal does not satisfy the heritage conservation objective in Clause 43(1) of Randwick Local Environmental Plan 1998 (Consolidation), in that the heritage significance of the heritage conservation area (including associated fabric, settings and views) will not be conserved. 

 

4.       The proposal does not satisfy the heritage conservation objective in Clause 5.10(1) of Draft Randwick Local Environmental Plan 2012, in that the heritage significance of the heritage conservation area (including associated fabric, settings and views) will not be conserved. 

 

5.       The proposal does not comply with the objective in relation to Garages, Carports and Driveways contained in Council’s Development Control Plan for Dwellings and Dual Occupancies, in that the on-site car parking will detract from the appearance of the dwelling and the local streetscape. 

 

6.       The proposal will set a poor precedent for further inappropriate car parking provision in the heritage conservation area. 

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                             14 August 2012

 

 

Development Application Report No. D81/12

 

 

Subject:                  53 Rainbow Street, Kingsford (DA/43/2012)

Folder No:                   DA/43/2012

Author:                   Scott Williamson, Development Assessment Officer     

 

Proposal:                     Demolition of existing dwelling and construction of two (2) storey 11 bed boarding house and associated works (SEPP1 Objections to floor space ratio and maximum height controls)

Ward:                      West ward

Applicant:                Day Bukh Architects

Owner:                         Philip Herald

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application is reported to Council on the basis of a SEPP 1 objection. The proposal exceeds the floor space ratio development standard of Clause 20F, by approximately 16%.

 

Consent is sought for demolition of the existing single dwelling and construction of an 11 room boarding house. No parking is proposed to be provided.

 

The site is located on the southern side of Rainbow Street, opposite Kennedy Street. The site sits atop a ridge, elevated above the level of Rainbow Street and separated by a large retaining wall immediately fronting the street. The retaining wall spans the Rainbow Street frontage of the subject site and those neighbouring to the east.

 

The retaining wall presents the primary design issue with this site, creating difficulty in providing onsite parking for vehicles and motorcycles. State Environmental Planning Policy (Affordable Rental Housing) 2009, provides that consent must not be granted unless at least three (3) parking spaces for motorcycles are provided. Throughout the assessment the applicant proposed solutions to achieving motorcycle parking on site, none of which are considered acceptable. Moreover, the application does not propose to provide any onsite vehicle parking.

 

The application was notified and advertised between 8 February 2012 and 22 February 2012. Nine (9) submissions were received in response to the notification, in addition to a petition of 17 signatures. The primary concerns raised involved that of building bulk, parking, amenity and management issues.

 

The applicant was advised on 20 April 2012 that the application was likely to be refused due to parking issues, with issue also in relation to excessive building bulk raised. These issues were all communicated in initial correspondence of 28 March 2012. A report from a Traffic Engineer was provided by the applicant to Council on 13 June 2012, suggesting a number of parking alternatives and arguments. The letter was referred to Council’s Development Engineers, who advised the alternatives suggested were not acceptable to Council.

 

The omission of parking for both motorcycles and vehicles to the proposed boarding house is not supported and is considered to deem the site inappropriate for the intensive residential use. The application is recommended for refusal. 

 

2.    The Proposal

 

The application proposes the demolition of the existing single storey dwelling and construction of a two (2) storey boarding house, comprising 11 self contained boarding rooms. Specifically;

 

Ground floor:

At ground floor level the application proposes to accommodate five (5) boarding rooms, all with a private kitchenette, ensuite and ancillary terrace of approximately 3.5 square metres in area. Each room is noted to support a single occupancy.

 

To the rear, south-east corner of the floor plate the application provides for a common room of approximately 17 square metres, with access to the rear open space via an elevated terrace area and stairs. A communal bathroom and laundry are also proposed at ground floor level, located centrally within the floor plate. Entry to the building is proposed via a centrally located porch to the eastern side elevation, accessed via a footpath along the eastern boundary from Rainbow Street.

 


First floor:

At first floor level it is proposed to accommodate six (6) boarding rooms, each with a kitchenette, ensuite and terrace with area of 3.5 square metres (north facing boarding rooms) or seven (7) square metres (south facing boarding rooms). Each room is noted to support a single occupancy.

 

External works:

A hardstand for motorcycles and bicycles is proposed at the rear of the building, accessed from Rainbow Street, via the pedestrian footway and along the eastern boundary of the site. No onsite vehicle parking is proposed.

 

3.    The Subject Site and Surrounding Area

 

The site is described as Lot A in DP 325610, known as 53 Rainbow Street, Kingsford. The site is located on the southern side of Rainbow Street, roughly opposite Kennedy Street. The site slopes from the rear down to the Rainbow Street frontage, falling approximately three (3) metres from highest to lowest point. 

 

The site sits atop a ridge, elevated above the level of Rainbow Street and separated by a large retaining wall immediately on Rainbow Street. The subject site has frontage to the western periphery of the retaining wall, such that the western neighbour at 51 Rainbow Street has level access and a vehicular crossing to the street.  The retaining wall spans the frontage of the subject site and several neighbouring sites to the east.

 

Figure 1: Front of the subject site, as viewed from within the front setback.

Figure 2: Front setback of the subject site, looking toward Rainbow Street.

Figure 3: Retaining wall on the southern side of Rainbow Street.

Figure 4: Location of the subject site and western extent of the retaining wall fronting Rainbow Street.

Figure 5: Neighbouring development to the west of the subject site, along Rainbow Street. 

Figure 6: Neighbouring development to the west of the subject site, along Rainbow Street.

 

Figure 7: Development on the northern side of Rainbow Street within the Residential 2C zone.

Figure 8: Frontage of Rainbow Street, adjacent 51 Rainbow Street and location proposed for motorcycles to access the pedestrian path.

 

 

The dimensions and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern, front boundary

12.19m

442.1m2

Southern, rear boundary

12.19m

Eastern, side boundary

36.27m

Western, side boundary

36.27m

 

At present the site is occupied by a detached single storey dwelling with a substantial setback from the front boundary of the site. No onsite parking is provided to the existing dwelling, as a result of the obstruction presented by the retaining wall immediately on Rainbow Street, to obtaining level access.

 

The site is located within an established low density residential context on the southern side of Rainbow Street. This side of the street is generally characterised by single occupancy dwellings of one (1) and two (2) storey scale. Limited elements of two (2) storey dwelling over garage exist on this side of the street. An approved boarding house exists at 39 Rainbow Street, within a single storey bungalow building.

 

Development on the northern side of Rainbow Street, opposite the subject site, is made up of a number of residential flat buildings, situated within the Residential 2C zone.

 


4.    History

 

4.1      Site history

53 Rainbow Street, Kingsford- DA/963/2010:

DA/963/2011 was lodged on 3 November 2010, proposing ‘construction of driveway, hardstand car park to front of existing dwelling, maneuvering area, path, retaining wall and associated works, including steps in public footpath’. The below figures illustrate two (2) options presented within the application for the treatment of the retaining wall fronting Rainbow Street, in order to accommodate the proposed driveway.

 

The application was withdrawn on 24 March 2011 on the advice of Council. It was advised the application would likely be refused on the basis of engineering and traffic issues.

 

Figure 3: First option proposed to obtain onsite parking for the subject site within DA/963/2011.

Figure 4: Second option proposed to obtain onsite parking for the subject site within DA/963/2011.

 

39 Rainbow Street, Kingsford- DA/909/2006

DA/909/2006 was approved under delegated authority on 8 February 2007, for the change of use of the existing dwelling to a boarding house containing nine (9) bedrooms and common facilities, two (2) car parking spaces and minor alterations.

 

The application approved a SEPP 1 objection to FSR, allowing 0.6:1 on the site. Approval was granted on the basis of the new boarding house use being contained entirely within the existing envelope, proposing no addition in external bulding bulk.

 

39 Rainbow Street, Kingsford- DA/909/2006/A

DA/909/2006/A was approved under delegated authority on 17 September 2009, for Section 96(2) Modification of approved development to increase the number of boarding rooms from nine (9) to ten (10). The additional bedroom was achieved through the installation of a dividing wall in a previously approved double bedroom to create two (2) single bedrooms, within the existing building envelope.

 

4.2      Application history

 

·      28 March 2012- A number of concerns were raised with the applicant relating to the proposal, primarily that of parking. On this basis it was recommended the application be withdrawn. Issues of amenity and bulk and scale were also raised.

 

·      10 April 2012- Amended plans were submitted suggesting an alternate method of access to the site for the purpose of motorcycle parking. Written response to the amenity and bulk and scale issues raised by Council, was also provided.

 

Within the written response, the applicant indicated intention to amend the design of the building to cater to amenity and bulk and scale concerns raised on 28 March 2012, however sought to resolve the more immediate concern of parking, prior to amending the design of the building.

 

In providing motorcycle parking, the applicant proposed to construct a driveway crossover to Rainbow Street, immediately in front of the western neighbour’s site, at 51 Rainbow Street. Motorcycles would then make use of the pedestrian footpath to access a recessed motorcycle parking area within the front setback of 53 Rainbow Street. An on-street credit was claimed to make up for the vehicular parking deficiency, given the site currently has no onsite parking. 

 

·      20 April 2012- Council officers advised that based predominantly upon parking issues, in addition to further outstanding issues of bulk and scale and internal amenity, the application would likely be recommended for refusal. The applicant was given the opportunity to withdraw.

 

·      13 June 2012- The applicant submitted correspondence from McKees Solicitors, providing argument in relation to the validity of Council’s parking concerns, supported by a Traffic Consultant. A number of parking options were provided, in addition to justification of the bulk and scale and amenity issues raised in previous correspondence. The application was referred back to Council’s Development Engineers for comment.

 

·      2 July 2012- Council’s Development Engineer provided response to the additional information received on 13 June 2012. Advice indicated the additional arguments and proposed solutions to parking issues remained unacceptable.

 

The below assessment is provided in account of the most recent information submitted.

 

5.    Community Consultation

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development between 8 February and 22 February, in accordance with the DCP – Public Notification. As a result of this notification, nine (9) submissions and a petition of 17 signatures was received from the following sites, as summarised below:

 

57 Rainbow Street, Kingsford;

55 Rainbow Street, Kingsford;

38 Wallace Street, Kingsford;

3/43 Kennedy Street, Kingsford;

9/46 Rainbow Street, Kingsford;

51 Rainbow Street, Kingsford;

215 Botany Street, Kingsford;

2/34 Wallace Street, Kingsford;

63 Rainbow Street, Kingsford;

Petition of 17 signatures.

 

 

 


 

Issue

Comment

Built form and compatibility:

o   The character on the southern side of Rainbow Street is overwhelmingly brick and single storey California bungalow style;

o   The two (2) storey glass fronted building is out of character with existing development and sees no other example in the street;

o   Building height is incompatible with surrounding buildings;

o   More appropriate locations exist for provision of affordable housing;

o   The proposal is not a boarding house- it is 11 studio apartments constructed on a 450m2 site, contradictory to the character and zoning of the area.

 

Proposed attributes of scale, form and intensity of the boarding house use are discussed within the assessment below.

 

It should be noted the Affordable Housing SEPP encourages boarding houses in accessible areas. The subject site meets the definition of an accessible area and as such the proposal can make use of these provisions.

 

In conjunction with outstanding parking issues, the intensity of the operation supported by the scale of the development is not considered consistent with the low density character of the residential area. Given this, the application has not been supported.

Compliance

o   Non-compliance with the Affordable Rental Housing SEPP for car parking, FSR, sunlight to communal areas.

 

The SEPP provides preferred minimums for these attributes, not strict requirements. FSR is restricted through the development standards of Randwick Local Environmental Plan 1998.

 

In conjunction with outstanding parking issues, the intensity of the operation supported by the scale of the development is not considered consistent with the low density character of the residential area. Given this, the application has not been supported.

Solar access:

The proposed building will unreasonably overshadow and reduce light to adjoining properties in Wallace and Rainbow Streets. 

The solar access impact has not been a significant contributor to the refusal recommendation of this assessment, given the north- south orientation of the site. The proposed development does not prevent adjoining sites from achieving the required three (3) hours solar access.

Visual and acoustic privacy:

o   Overlooking will be enabled to habitable and private open spaces at 51 and 55 Rainbow Street;

o   Acoustic issues will arise from balconies of all units;

o   Passing pedestrian traffic to the existing single dwelling is already disruptive during the night and will increase under proposal;

 

It is reasonable to assume that some privacy impact would eventuate through any two (2) storey development on the site.

 

Noise issues occur in the situation of the current property, of which is far less intensive;

The exit of the boarding house directly faces the boundary and habitable spaces of 55 Rainbow Street, causing visual and acoustic privacy issues.

In conjunction with outstanding parking issues, the intensity of the operation supported by the scale of the development is not considered consistent with the low density character of the residential area. Given this, the application has not been supported

 

View loss:

The proposed second storey will reduce locality views to 57 Rainbow Street.

 

View impacts to 55 Rainbow Street have not been a significant contributor to the refusal recommendation of this assessment, given any two (2) storey dwelling would likely pose a similar view impact upon the locality views achieved across the side boundary of this site.

Management issues:

The development does not provide a manager and therefore cannot guarantee a ‘well managed boarding house’ and could mean in excess of 20 residents; 

No onsite management means noise will be unrestricted between 12am and 5am in communal areas, close to adjoining bedrooms;

The current dwelling is poorly maintained, of which the proposed will be treated similar, especially with no onsite manager;

The boarding house at 39 Rainbow Street is poorly managed and encourages anti social behaviour, as will the proposed boarding house;

There is insufficient space on the street frontage for additional bins required for the boarding house.

 

The applicant has submitted a plan of management with the application. The SEPP provides that a boarding house with less than 20 occupants is not required to provide an onsite manager.

 

In conjunction with outstanding parking issues, the intensity of the operation supported by the scale of the development is not considered consistent with the low density character of the residential area. Given this, the application has not been supported.

 

 

Parking:

The lack of parking is contrary to the Affordable Housing SEPP. Parking is an essential part of a boarding house as underlined within the SEPP;

11 people at the address will significantly reduce street parking, which is already exhausted due to the university;

 

The application is recommended for refusal based predominantly upon parking constraints associated with the site.

Due to traffic, parking and safety issues, the site is unsuitable for anything beyond a single dwelling;

Manager and cleaners for the building will add to the parking impact;

Inappropriate use of the neighbouring driveway to access the path;

Access to the footpath of motorcycles and bicycles is a significant safety concern and will exacerbate noise;

The existing dwelling causes parking issues to neighbouring sites, when driveways are blocked for loading and unloading purposes by the residents of 53 Rainbow Street.

 

Other:

Detrimental impact upon surrounding property values;

Presently trees to the frontage of the site enhance the streetscape. No mention is made of replacement or retention;

Construction will significantly disrupt traffic- including emergency vehicles, buses and garbage trucks. No traffic management plan is provided;

51 Rainbow Street is inaccurately described as two (2) storey in submitted documentation;

The proposal encroaches at the rear by approximately 60 cm;

The existing sewage and gas connection is likely to be insufficient;

An 11 bed boarding house all with kitchenettes and so close to adjoining site is a fire hazard, with a single means of fire egress.

 

In conjunction with outstanding parking issues, the intensity of the operation supported by the scale of the development is not considered consistent with the low density character of the residential area. Given this, the application has not been supported.

 

6.    Technical Officers Comments

 

6.1      Roads and Maritime Services (RMS)

It is noted that this section of Rainbow Street is a state classified road, under the Roads Act 1993. As lodged, the application featured no vehicle access to the site and as such was not required to be referred to RMS.

 

Ongoing discussion with the applicant involved the provision of parking on the site and hence a number of vehicular access options were raised and further referred to Council’s Development Engineers. None of the options provided obtained support of Development Engineering and as such, further referral of these options to RMS was not seen to be necessary.

 

6.2      Development Engineer:

The application was discussed with Council’s Development Engineers on a number of occasions. As lodged, the application provided no onsite parking for vehicles and motorcycle and bicycle was provided at the rear of the site, via the public footway, a ramp at the front of the site and footpath along the eastern boundary of the site. Development Engineering advised this arrangement was not supported. This advice was communicated to the applicant on 20 April 2012.

 

The most recent advice form Development Engineering is as follows:

 

Advice of 2 July 2012

[The following advice provides] response to the points raised in letter from McKees dated 8th June 2012.

 

The development application DA/963/2010 was not supported by Development Engineering with our reasons outlined in memo dated 18th March 2011 but more detail are provided below.

 

The ramped footpath in front of the subject property is presently the only footpath access without stairs to the properties at 55-61 Rainbow St. Development Engineering was therefore reluctant to support further restricting this access. Non-compliance with AS 1428 is acknowledged within some sections of the footpath however it does not negate the fact that  mobility impaired persons and parents with prams are still reliant on this ramp to provide access. Objections from some of the residents at 55-61 Rainbow St were received on this aspect. Access within the property is a matter for the resident and cannot be used to justify access requirements on public land.

 

The plans submitted for the DA did indicate complying driveway grades, however they were in error. The vehicle crossing was depicted as approximately RL 45.4 at the front property alignment and was shown proceeding almost at zero grade to the kerb & gutter (Section BB). This is incorrect and the actual level of the gutter at the centre of the vehicle crossing was calculated by the Development Engineer to be approximately RL 44.4 (1 metre lower than shown on plans). This has been calculated using the provided survey plan by JP Bates & Inwood.

 

This would mean that the proposal would result in unacceptably steep grades on the driveway for vehicles between the footpath and the layback (about 34% calculated). A grade of no more than 12.5% is permitted at this location. A steep grade proceeding down onto a busy road raises significant safety concerns and will also result in cars scraping as they enter the driveway. Lowering the level of the vehicle crossing to comply with the driveway grades would steepen the pedestrian footpath even further to quite dangerous grades. This error was detected by the Development Engineer and does not appear to have been picked up by the RTA. If they had it is possible their support for the proposal would have been withdrawn.

 

The 40m line of sight depicted in the original submitted plans was not satisfactory as it was dependent on the front of the vehicle already protruding into the roadway which defeats the purpose of the sightline. The sightline should have been calculated with the vehicle sitting within the footpath reservation with no part of the vehicle extending onto the roadway. As the roadway is quite narrow at this location being only one trafficable lane and no breakdown lane provided this is considered critical in providing safe entry and exit. The same issue applies to the 2nd option proposed in the letter.

 

Option 3 was also not supported as it relies on a neighbouring frontage to provide motorbike access thereby imposing an unjustified burden to the residents.  In addition this access cannot always be guaranteed if the owners of this land decide to re-develop. It was also reliant on the footpath to provide motorbike access resulting in pedestrian conflict.

 

7.    Relevant Environmental Planning Instruments

 

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

 

7.1      State Environmental Planning Policy No. 1- Development Standards

The application seeks variation of the development standards 20F (1) and 20G (3) of the Randwick Local Environmental Plan 1998 (Consolidation), relating to floor space and external wall height, respectively. SEPP 1 Objections have been submitted to both standards and are addressed as follows. 

 

Floor space ratio - Clause 20F (1)

Clause 20F (1) of RLEP  1998, stipulates the maximum FSR for buildings within the 2A zone, other than for the purpose of a dwelling house, as 0.5:1. Based upon the site area of 442.1 square metres, the standard would indicate 221 square metres of floor space may be accommodated within the scope of the standard. 

 

The application proposes an FSR of 0.6:1, or approximately 265.3 square metres, representing a variation of approximately 16% of the floor space development standard of clause 20F (1).

 

Throughout the assessment process the applicant has indicated the intention to redesign the building to omit the FSR variation, however sought to resolve more immediate parking issues prior. Given parking issues remain outstanding, the building was not redesigned to omit the subject FSR variation and in the proposal’s current form, the subject variation still exists. 

 

Building height – Clause 20G (3)

Clause 20G (3) of RLEP 1998, stipulates a maximum external wall height to buildings within the 2A zone, other than for the purpose of a dwelling house, as seven (7) metres from any point on ground level.

 

The application proposes a maximum external wall height of 7.5 metres, representing a variation of approximately 7% of the external wall height development standard of clause 20G (3).

 

Throughout the assessment process the applicant has indicated the intention to redesign the building to omit the wall height variation, however sought to resolve more immediate parking issues prior. Given parking issues remain outstanding, the building was not redesigned to omit the subject wall height variation and in the proposal’s current form, the subject variation still exists. 

 

7.1.1   SEPP 1 Objection Assessment

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

Matter 1

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

 

The stated purpose of the floor space ratio 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 stated purpose of the building height standards as outlined in the LEP is:

 

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

 

The applicant has submitted written SEPP 1 Objections to both the above clauses, which outline the following key justifications for the variation to the FSR and external wall height standards:

 

Justification: Floor space ratio - Clause 20F (1)

 “The DCP (Randwick) for Dwelling houses and Attached dual occupancies (March 2000) “Section 4.2 Floor Area- Preferred Solutions” states that the floor space ratio of a dwelling house does not exceed 0.6:1 for sites up to 450m2. The DCP and LEP are in conflict. The LEP is from 1998. The DCP is from 2000. The proposal complies with site coverage, landscaped area, does not adversely affect neighbouring properties with regards to overshadowing, visual privacy. Complies with Council setback controls.”

 

Justification: Building height – Clause 20G (3)

 “The building is a dwelling house. The LEP gives exemption by stating “other than a dwelling house”. However the dwelling house in this case is a boarding house hence the objection. The building exceeds the maximum wall height (not maximum height) for only 15% of the length of the dwelling and does not exceed to the street front of rear. The proposal complies with the maximum building height, site coverage, landscaped area and setbacks. The proposal does not adversely affect neighbouring properties with regards to overshadowing and visual privacy. A flat roof can comply if deemed necessary.”

 

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

 

·      In relation to the justification for variation of Clause 20F (1) outlining the  floor space ratio development standard;

 

Given the prevailing low density, single occupancy surrounds, it is considered appropriate to enforce the development standard in this instance, reflective of the stated purpose of the clause, which identifies restriction of size and scale in the protection of environmental amenity in the area. The proposal does not provide sufficient evidence to demonstrate this purpose of clause 20F will be achieved, nor that the development standard is unreasonable and unnecessary.  

 

A boarding house development beyond the bulk and scale envisaged by the development standard will also lend itself to an intensity beyond that envisaged within the surrounds of the low density 2A residential zone.

 

The assertion that the preferred solutions of the Dwelling Houses and Attached Dual Occupancies DCP are applicable to a multi-unit development is not supported, as these numerical standards envisage a far less intensive development than could be reasonably typified by an 11 bed boarding house. The ensuing residential intensification lends itself to greater environmental impacts on surrounds, of which would not meet the associated objectives and performance requirements of the DCP. As such, the DCP preferred solutions are not considered to effectively inform appropriate built form in this instance.

 

·      In relation to the justification for variation of Clause 20G (3) outlining the external wall height development standard;

 

Given the prevailing low density, single occupancy surrounds, it is considered appropriate to enforce the development standard in this instance, reflective of the stated purpose of the clause which identifies restriction of size and scale in the protection of environmental amenity in the area. The proposal does not provide sufficient evidence to demonstrate this purpose of clause 20G will be achieved, nor that the development standard is unreasonable and unnecessary.  

 

A boarding house development beyond the bulk and scale envisaged by the development standard will also lend itself to an intensity beyond that envisaged within the surrounds of the low density 2A residential zone.

 

Given the above, the extent of variation to both floor space and wall height is considered unnecessary and inappropriate in the context of the low density residential zone, as the proposed built form supports a higher intensity boarding house use.

 

The proposal does not reflect the prevailing low density, single occupancy surrounds, nor the underlying and stated purposes of the standards, the local planning objectives for the locality and objectives of the Act. The SEPP 1 objections have not adequately or convincingly justified that the strict compliance with the development standards is unreasonable and unnecessary in the circumstances of the case. As such, it is considered that the objections to RLEP clauses 20F (1) and 20G (3), are not well founded.

 

Matter 2

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

 

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

 

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

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

 

Comments:

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

 

The strict adherence to the numerical FSR and building height standards, in this instance, will ensure the development maintains a sympathetic scale, reflective of the prevailing character evident within the low density residential zone.

 

Ways of establishing that compliance is unreasonable or unnecessary

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

 

First

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

 

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

 

Comments:

As discussed above, strict compliance with the development standards is reasonable and necessary as the current design scheme will not achieve the objectives of the development standards, nor does the application establish compliance is unreasonable or unnecessary to a satisfactory degree.

 

 

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 FSR and building height development standards is relevant to the subject proposal.

Third

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

 

Comments:

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

Fourth

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

 

Comments:

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

Fifth

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

 

Comments:

The site is proposed to be zoned R2: Low Density Residential, under the Draft RLEP 2012. The objectives of the R2 zone correlate to those for the existing Residential 2A zone under the current LEP. The existing zoning is not considered to be inappropriate for the locality.

 

7.2      State Environmental Planning Policy (Affordable Rental Housing) 2009

 

Division 3: Boarding houses

The subject application is made pursuant to the SEPP (Affordable Rental Housing) 2009 and requires assessment under Clause 29 – Standards that cannot be used to refuse consent and Clause 30 Standards for boarding houses. The following tables outline the assessment:

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

Standard

Assessment

(1)      Floor Space

The density and scale of the buildings when expressed as a floor space ratio are not more than the existing maximum floor space ratio for any form of residential accommodation permitted on the land (that is, 0.5:1).

 

 

 

0.6:1 proposed- Does not comply.

(2)      Building height

Building height if all proposed buildings comply with the maximum building height under another environmental planning instrument for any building on the land (that is, 9.5m building height).

 

 

 

7.5 metres- Complies.

 

(3)      Landscaped area

 

Landscape treatment if the front setback area is compatible with the streetscape in which the building is located.

 

 

 

Complies.

(4)        Solar access

Where the development provides for one (1) or more communal living rooms, if at least one (1) of those rooms receives a minimum of three (3) hours direct sunlight between 9am and 3pm in mid-winter.

 

 

The communal living area is south facing and in this location will not receive any solar access- Does not comply.

 

 

(5)      Private open space

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

(i) one (1) area of at least 20 square metres with a minimum dimension of three (3) metres is provided for the use of the lodgers;

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

 

 

Open space for lodgers:

The communal open space to the rear has an area of approximately 93.5m2- Complies.

 

 

No manager provided- N/A

(6)      Parking

If:

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

 

 

No parking is provided for onsite. A number of parking alternatives were presented to Council of which do not provide an acceptable outcome, primarily based upon safety and accessibility- Does not comply, see Development Engineer’s comments.  

Accessible area

The SEPP (Affordable Rental Housing) provides for parking minimums on the basis of accessibility. The SEPP provides the following definition of accessible area:

accessible area means land that is within:

(a)    800 metres walking distance of a public entrance to a railway station or a wharf from which a Sydney Ferries ferry service operates, or

 

(b)    400 metres walking distance of a public entrance to a light rail station or, in the case of a light rail station with no entrance, 400 metres walking distance of a platform of the light rail station, or

 

(c)    400 metres walking distance of a bus stop used by a regular bus service (within the meaning of the Passenger Transport Act 1990) that has at least one bus per hour servicing the bus stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each Saturday and Sunday.

 

The Passenger Transport Act 1990 provides the following definition of ‘regular bus service’:

 

regular bus service means any regular passenger service conducted by bus (including any transitway service).

 

The closest bus stop of which meets the above definition is located on the eastern side of Anzac Parade, south of the intersection with Rainbow Street. This bus stop is located a walking distance of 350 metres to the west of the subject site and is considered acceptable for the purpose of defining the site as being within an ‘accessible location’. The stop is serviced by up to nine (9) regular bus services. Numerous alternate bus stops are located on Anzac Parade with 400 and 450 metres walking distance form the subject site.

 

(7)      Accommodation size

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

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

(ii) 16 square metres in any other case.

 

 

 

Boarding rooms are all specified for single lodging purposes. Rooms measure between nine (9) and 11 square metres- Does not comply.  

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

 

The proposal includes private facilities in each room.

Assessment of Clause 30   Standards for boarding houses

Standard

Assessment

(a) If a boarding house has 5 or more boarding rooms, at least one (1) communal living room will be provided.

There is a communal room within the building.

Complies.

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

Each boarding room does not have a floor area of more than 25m2 after deducting the toilets and kitchenette areas.

Complies.

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

Application specifies single occupancy rooms.

Complies.

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

There are adequate private facilities in each room.

Complies. 

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

The proposal provides for a maximum of 11 lodgers.

N/A.

 

(f) If the boarding house is on land within a zone where residential flat buildings are permissible, no new car parking for lodgers will be provided on the site.

Residential flat buildings are not permissible within the 2A zone.

N/A. 

 

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

The land is zoned Residential 2A and does not promote commercial uses.

N/A.

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

The proposal specifies bicycle parking at the rear, accessed via the pedestrian footway and a side path along the eastern boundary. No motorcycle parking is provided, given access solutions proposed are unsatisfactory.

Does not comply.

Assessment of Clause 30A- Character of the local area

Character of the local area

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

 

The site is located within an established low density residential context on the southern side of Rainbow Street. This side of the street is generally characterised by single occupancy dwellings of one (1) and two (2) storey scale. Limited elements of two (2) storey dwelling over garage exist on this side of the street. An approved boarding house exists at 39 Rainbow Street, within a single storey bungalow building. Development on the northern side of Rainbow Street, opposite the subject site, is made up of a number of residential flat buildings, situated within the Residential 2C zone.

 

In it’s current form, the proposed boarding house exceeds the development standards within Clause 20F and 20G of Randwick Local Environmental Plan 1998 (Consolidation), restricting floor space and wall height within the residential 2A zone. Based on this, the proposed development is considered to be out of character with the local area, as the proposed built form promotes an intense residential use that will result in detrimental and unreasonable amenity impacts upon the character of the surrounding area.

 

Through the process of assessment, the applicant indicated intention to comply with the above mentioned development standards, should parking issues on the site be alleviated. Given Council’s parking concerns remain outstanding, a reduction in scale of the building has not been pursued by the applicant to this point.

 

It is considered that subject to compliance with the development standards of Clause 20 of Randwick Local Environmental Plan 1998 (Consolidation), the proposed land use and two (2) storey built form may be capable of achieving compatibility with the prevailing local character on this side of Rainbow Street. Despite this, issues of onsite parking and residential intensity would need to be alleviated in the process of revision.

 

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

SEPP: BASIX applies to the proposed development. The development application is accompanied by a BASIX Certificate, pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000. Should the proposal be supported, these commitments could be required through conditions of consent.

 

7.4      Randwick Local Environmental Plan 1998

 

·      Clause 10- Zoning objectives

Clause 10 provides objectives for the 2A (Residential) Zone. The proposed boarding house is permissible within the zone.

 

The relevant objectives of this zone include:

 

·      to provide a low density residential environment, and

·      to maintain the desirable attributes of established residential areas, and

·      to protect the amenity of existing residents, and

·      to allow for a range of community uses to be provided to serve the needs of residents, workers and visitors, and

·      to encourage housing affordability, and

·      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.

 

Under the provisions of the Randwick Local Environmental Plan 1998 (Consolidation) the site is subject to FSR and building height development standards of 0.5:1 and seven (7) metres, respectively.

 

The proposal in its current form is not considered to satisfy the key zoning objectives in terms of maintaining the desirable attributes of established residential areas and protecting the amenity of residents. The extent of proposed floor space and building height exceed the numerical standards and eventuate in a boarding house use of intensity beyond that typically supported within the low density residential area.

 

·      Part 2B- Principal Development Standards

The proposal is summarised against the development standards of Part 2B of the Randwick Local Environmental Plan 1998 (Consolidation) within the table, below.

 

Clause

Requirement

Proposal

Compliance

20E Landscaped area

(1) Minimum 40% of site area; (177 m2)

57%; (250 m2)

Yes.

20F Floor space ratios

(1) Maximum 0.5:1; (221 m2 GFA)

0.6:1; (265 m2 GFA)

Does not comply, SEPP 1 Objection submitted.

20G Building heights

(1) Maximum overall height 9.5 metres

7.5 m

Yes.

(3) Maximum external wall height 7m

7.5 m

Does not comply, SEPP 1 Objection submitted.

The above non-compliances with the floor space and building height standards are examined under the “SEPP 1” section of this report.

 

7.5      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 2012, that are of relevance to the subject development application:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

 

Zoning:

 

The site is zoned Low Density Residential R2.

Yes.

Permissible under the proposed zoning?

Yes

Floor Space Ratio (Max)

 

0.5:1

 

0.6:1

 

No, SEPP 1 Objection submitted and addressed above.

 

Height of Building (Max)

9.5m

7.5m

 

Yes.

 

Lot Size (Min)

No minimum.

442.1 m2

N/A

Heritage:

·    Draft Heritage Item

·    Draft Heritage Conservation Area

In vicinity of draft item or area

The site is in close proximity to heritage items at 42 & 44 Wallace Street. The proposal is not considered to significantly impact upon the heritage significance of the items.

 

8.    Policy Controls

8.1      Randwick Development Control Plan – Parking

The proposal does not provide any onsite vehicle parking. At the rear of the site, the application details a bicycle and motorcycle storage area, accessed via a side access path along the eastern side boundary, following the use of the pedestrian footway from Rainbow Street.

 

The Randwick Parking DCP provides for the following parking rate to boarding houses:

 

One (1) space per 10 bedrooms, plus one (1) per resident caretaker.

 

Despite the above, Council’s parking requirements are superseded by the provisions of SEPP (Affordable Rental Housing) 2009, as discussed in Section 7.2 above. It is noted that for the purpose of the SEPP, the site exists within the definition of an accessible location, being within 400 metres of a regularly serviced bus stop.

 

The provisions of the SEPP define the following parking provisions, as applicable to the proposed boarding house:

 

A minimum of one (1) parking space shall be provided for a bicycle, and one (1) space provided for a motorcycle, for every five (5) boarding rooms;

Council cannot refuse an application should a parking rate of 0.2 spaces be provided per boarding room.

 

According to the above, the proposed boarding house requires three (3) motorcycle spaces and three (3) bicycle spaces on the site, in order to comply with the provisions of the SEPP. Further, should two (2) onsite vehicle spaces be provided, Council cannot refuse consent based solely on parking issues.

 

The applicant has submitted a number of options to provide alternate motorcycle parking throughout the process of assessment, as summarised below:

 

Original proposal of 25 January 2012:

Proposed to provide parking for motorcycles at the rear of the site. Motorcycle access through use of the existing vehicular crossing at 51 Rainbow Street, to reach the pedestrian footway. At this point motorcycles would travel along the pedestrian footway approximately 18 metres, to reach the entry to the site and then travel down the length of the eastern side boundary to the rear of the proposed building.

 

The applicant was advised on 28 March 2012 that this arrangement for access was not acceptable and that alternate motorcycle parking arrangements should be provided. It was also advised that Council was not supportive of the proposal in the absence of onsite vehicle parking.

 

Amendments of 10 April 2012:

Construct a driveway crossover to Rainbow Street, immediately fronting the western neighbour’s site, at 51 Rainbow Street, at the western extent of retaining wall to Rainbow Street. Motorcycles would then make use of the pedestrian footpath for a length of 2.5 metres, to access a recessed motorcycle parking area within the front setback of 53 Rainbow Street.

The applicant contested an on-street credit was applicable to make up for the vehicular parking deficiency, given the site has no onsite parking in the existing circumstances. 

 

The proposed amendments were referred to Council’s Development Engineer. Engineering advice opposed the design, based on unacceptable burden upon the neighbour and likely pedestrian conflict on the footway. On 20 April 2012, the applicant was advised the application was likely to be refused based on non-compliance with motorcycle parking requirements of the SEPP and lack of onsite vehicle parking.

 

Additional Information of 13 June 2012:

The applicant submitted additional information from a traffic engineer and solicitor in attempt to justify parking issues and respond to Council’s concerns.

 

The information was referred to Council’s Development Engineer. The Engineer’s advice was not supportive of the justifications presented, as outlined within Section 6, above.

 

Planning recommendation in relation to parking:

The proposed development is considered unsuitable for the subject site, largely due to the following parking issues:

 

The application has not provided a satisfactory arrangement to provide for motorcycle parking on the site. Given this, the minimum requirements set out in State Environmental Planning Policy (Affordable rental Housing) 2009 for boarding houses have not been satisfied.

The application does not provide for any onsite vehicular parking in accordance with the minimum rate of the SEPP, nor the recommended rate of the Randwick Parking DCP. 

 

Given the above parking deficiencies, the site is considered unsuitable for the significantly intensified residential use proposed and is recommended for refusal.

 

8.2      Amenity

Given the scale of the proposed boarding house and consequent residential intensity supported by this envelope, it is considered the intensity of the development will compromise the character and environmental amenity of the prevailing single dwelling nature of the immediate area.

 

A number of amendments were recommended to the applicant throughout the assessment in order to reduce intensity and amenity impacts to neighbours, while increasing internal amenity of the proposed boarding house. The applicant indicated intention to incorporate suggested amenity improvements in relation to both neighbouring and occupant amenity throughout the process. Given the above parking concerns remain outstanding, these amendments have not been pursued by the applicant to this point.

 

8.3      Operation and management

The proposal was accompanied by a Plan of Management detailing provision of a resident register, house rules, public complaints resolution procedure, cleaning procedure, safety, and a complaints telephone number. The boarding house is proposed to be managed by an off-site agent. Given the number of persons accommodated is below 20, this arrangement is acceptable according to the provisions of SEPP (Affordable Rental Housing) 2009.

 

As discussed above, the overall intensity of the boarding house use is not supported in this location given parking and built form issues. It is considered the site may be able to accommodate the proposed use to a lesser scale with appropriate management procedures in place, should the predominant issues discussed within this report be alleviated. 

 

9.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

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

Randwick Local Environmental Plan 1998 (Consolidation).

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

 

The relevant Environmental Planning Instruments are discussed within Section 7 of this report. 

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

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

 

The site is zoned R2 Low Density Residential under the Draft LEP, and is subject to FSR and building height development standards of 0.5:1 and 9.5m respectively.

 

The relevant provisions of the Draft LEP are discussed within Section 7.5 of this report. 

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

The relevant provisions of Council’s Development Control Plans are discussed within Section 8 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

Appropriate standard conditions could be applied to address the relevant clauses of the Environmental Planning and Assessment Regulation 2000.  

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, which are otherwise not addressed within the body of this report, are assessed in the paragraphs below.

 

Parking constraints associated with the site will likely result in unreasonable environmental impacts. Further, the proposed scale and operation intensity of the proposed boarding house are considered to be detrimental to the character of the locality.

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

The environmental impacts of the proposed development on the natural and built environment are discussed within the body of this report.

 

Constraints associated with the site, relating predominantly to parking provision, are considered to deem the proposed development unsuitable in this location.

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

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

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

The proposed built form and operation is not considered to result in an effective planning outcome in the context of the locality. Therefore, the proposal is not considered to be within public interest and is not supported.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

Direction:   Improved design and sustainability across all development.

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development entails a boarding house of substantial size, in a low density residential zone and in a locality characterised by predominantly single dwellings. 

 

In catering to a substantial residential intensification of the site, the proposal fails to alleviate issues surrounding onsite motorcycle parking requirements of SEPP (Affordable Rental Housing) 2009 and does not accommodate any onsite vehicle parking. These issues relate to site specific constraints associated with the site and are considered to deem the site unsuitable for a development of the proposed concentration.

 

The submitted SEPP 1 Objections do not provide sufficient evidence to demonstrate the purpose of clauses 20F and 20G will be achieved, nor that the development standard is unreasonable and unnecessary.  A boarding house development beyond the bulk and scale envisaged by the development standard will also lend itself to an intensity beyond that envisaged within the surrounds of the low density Residential 2A zone.

 

Based upon these considerations, the application is recommended for refusal.

 

Recommendation

 

That Council, as the consent authority, refuses consent to Development Application No. 43/2012 for demolition of existing dwelling and construction of two (2) storey 11 bed boarding house and associated works (SEPP1 Objections to floor space ratio and maximum height controls) at No. 53 Rainbow Street, Kingsford, pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act 1979, as amended, for the following reasons:

 

1.     The proposal does not provide an acceptable design solution in order to accommodate required motorcycle parking. As a result, the application fails to meet the minimum requirements of Clause 30 (h) of the SEPP (Affordable Rental Housing) 2009.

 

2.     The proposal does not satisfy the minimum preferred parking rate provided within Clause 29 (e)(i) of the SEPP (Affordable Rental Housing) 2009, nor the parking rate specified within the Randwick Parking DCP.

 

3.     The site is unsuitable for the proposed intensive residential use having regards to parking issues and site specific constraints.

 

4.     Pursuant to Clause 7 of State Environmental Planning Policy No. 1 – Development Standards, the application does not provide sufficient evidence to demonstrate the purpose of Clause 20F of Randwick Local Environmental Plan 1998 will be achieved, having regard to the size and scale of the development and the environmental amenity of the area. 

 

5.     Pursuant to Clause 7 of State Environmental Planning Policy No. 1 – Development Standards, the application does not provide sufficient evidence to demonstrate the purpose of Clause 20G of Randwick Local Environmental Plan 1998 will be achieved, having regard to the environmental amenity of the area. 

 

6.     The proposal does not satisfy the key zoning objectives in relation to maintaining the desirable attributes of established residential areas and protecting the amenity of residents. The intensity of the operation supported by the scale of the development is not considered appropriate for the low density residential area

 

7.     The proposal is considered to be inconsistent with the character of the local area, as required by Clause 30A of SEPP (Affordable Rental Housing) 2009. The proposed built form promotes an intense residential use that will result in detrimental and unreasonable amenity impacts upon the character of the surrounding area.

 

 

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

 

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                             14 August 2012

 

 

Development Application Report No. D82/12

 

 

Subject:                  1 Fleming Street, Little Bay (DA/1113/2010/D)

Folder No:                   DA/1113/2010/D

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     Section 96 application to modify the development consent by altering the parking and storage layout of the basement car park to provide 9 additional car spaces, changes to the internal configurations and mix of dwellings, alterations and additions to the facade treatment and eaves of buildings A and B, and changes to the private open space for the dwellings

Ward:                      South Ward

Applicant:                Mr T Ghossein

Owner:                         Little Bay South 2 Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.      Executive Summary

 

This section 96(2) modification application is referred to the Planning Committee because the original development application was determined by Council. The approved development involves the adaptive reuse of the Heffron and Delaney Buildings for residential purposes and construction of 2x6 storey multi unit housing buildings being

 

§ Building A: located to the rear of the Delaney Building

§ Building B:  located to the rear of the Heffron Building

 

With a total 163 apartments and basement car parking for 200 vehicles, the original development application was approved on 15 April 2011 subject to 144 conditions of consent.

 

The Section 96(2) application will modify the approved development by:

 

·    Improving the façades to Buildings A and B involving a reduction in the extent, and height, as well as changes in the colour and finish, of the face brick elements previously approved.

·    Internal reconfiguration of selected apartments and common circulation areas.

·    Changes in apartment mix primarily by changing one and two bedroom apartments into 3 bedroom apartments.

·    Minor changes to car park layout resulting in 9 additional car spaces in the basement and 2 new car spaces at grade. 

·    Minor transfer of communal landscape space to private open space.

·    Provision of two electrical kiosk in the northern and eastern setback areas.

·    Modification to the Brodie Street access.

 

The Section 96 application was notified to surrounding properties and advertised. Only one objection was received at the end of the public notification period which is addressed in Section 5 below.

 

The proposed modifications do not give rise to additional amenity impacts as the modifications essentially will be contained within the approved footprints and building envelope of the original DA which generally will be maintained. Accordingly, the proposed modification is considered to be substantially the same development as that previously approved and will not result in any significant additional impacts upon the amenity of either existing properties within the Prince Henry site or the visual character of the locality. 

 

The proposal complies with the relevant assessment criteria and objectives and performance requirements of the Prince Henry Site DCP.

 

Approval subject to conditions is recommended.

 

2.      The Proposal

 

The application is for a Section 96(2) Modification of Development Consent 1113/2010 to allow for the following:

 

·    Façade improvements to Buildings A and B involving a reduction in the extent, and height, as well as changes in the colour and finish, of the face brick elements previously approved so as to relate these more appropriately to the adjoining heritage buildings as shown in the following montages:

 

 

 

 

Approved DA Facade

Proposed Section 96 Amended Facade

Approved: Building A viewed from corner of Harvey and Ewing Street with existing heritage Delaney Building far right.

Proposed: Building A viewed from corner of Harvey and Ewing Street with existing heritage Delaney Building far right.

 

 


Approved: Building A viewed from corner of Harvey Street and Brodie Avenue.

 

Proposed: Building A viewed from corner of Harvey Street and Brodie Avenue.  NOTE: The protruding cantilevered top floor corner section (red arrow on the right hand side) has been deleted as part of further amendments to the proposal and converted to a balcony similar to balconies below.

 

·    Internal reconfiguration of selected apartments primarily to match facade changes and improve internal amenity and aspect.

·    Changes in apartment mix resulting in minor reductions in one and two bedroom apartments and minor increase in 3 bedroom apartments. Specifically, the changes are as follows:

 

DA Approved Apartment* Mix

Section 96 Proposed Apartment* Mix

 

83 x 1 bedroom

50 x 2 bedroom

30 x 3 bedroom

 

Total units :   163

 

 

82 x 1 bedroom

48 x 2 bedroom

33 x 3 bedroom

 

Total units :   163

(* apartments include units with media/study rooms)

 

·    Minor reconfiguration of car and bicycle parking arrangements resulting in 9 additional car spaces in the basement and 2 new car spaces at grade.  Total car parking spaces will be 209 in basement car park and 17 at grade.

·    Minor reconfiguration and transfer of communal landscape space to private open space to improve residential amenity.

·    Provision of two electrical kiosk in the northern and eastern setback areas with each having an area of approximately 27 sqm resulting in a reduction in landscape area of approximately 54 sqm.

 

·    Modification to the Brodie Street access to provide for overland freeboard.

 

Specifically, the above modifications are detailed in the following table of proposed works as submitted with the subject Section 96 application:

 

 

 


3.      The Subject Site and Surrounding Area

 

The properties known as 1 Fleming Street and 30-36 Harvey Street are situated at the southern end of the Prince Henry Site within Precinct P3 and the Historic Precinct identified in the DCP – Prince Henry Site.  They have a combined area of 10,465 sqm and generally slope from west to east towards the coast, and from the south-west to the north-east.

 

The property, 1 Fleming Street (Lot 54), contains the heritage listed ‘Heffron Building’ and is bounded by Fleming Street, Darwin Avenue, Gull Street and Brodie Avenue.  It has a site area of 3,462 sqm.

 

The property, 30-36 Harvey Street (Lot 55), has a site area of 7003 sqm and is bounded by Gull Street, Ewing Street, Harvey Street and Brodie Avenue.  It contains the heritage listed ‘Delaney Building’ and cleared land to the west which will accommodate Building B.  Building A will be located to the eastern side of the Delany Building.

 

 

Lot 55

 

Lot 54

 

 

Figure 1: Aerial view of subject site.

 

4.      Site History

 

The original development (DA/1113/2010) was approved by the Joint Regional Planning panel (JRPP) at its meeting on 15 April 2011 and comprises the adaptive reuse of Heffron and Delaney Buildings for residential purposes and construction of 2x6 storey multi unit housing buildings  to create 163 apartments with basement car parking for 200 vehicles, landscaping, strata subdivision and associated works.

 

The following Section 96 modifications to the approved development have been subsequently granted:

 

DA/1113/2010/A – approved on 9 February 2012 for the modification to change condition 34 of the consent relating to the maximum height of the approved building and altering the basement design.

 

DA/1113/2010/B – approved 4 June 2012 for the amendments to the draft strata plan to allow for up to a four stage subdivision deletion of Condition No. 17 relating to the substation, altering the internal layout of units, increasing the gross floor area by approximately 118sqm; modifying window and door openings and adding Juliette balconies.

 

DA/1113/2010/C – approved 31 January 2012 to modify condition 29 of development consent relating to the details of balustrades.

 

5.      Community Consultation

 

The Section 96(2) application was notified and advertised from 26 August to 9 September 2009 in accordance with Council’s DCP – Public Notification. One submission was received from 28 Florey Street, Little Bay in response to this notification/advertisement.

 

§ Consistent degradation of quality and increase in density

The proposal has been referred to the SEPP 65 Design Review Panel and the Panel has found the proposed changes overall to be reasonable and acceptable in terms of design and residential amenity (see assessment in Section 8.1.3 below). The proposal maintains the same number of proposed dwelling units as originally approved being 163 units. There will be a slight increase in 3 bedroom units which is not considered to result in any significant increase in population density.  

 

§ Multiple non-compliances in relation to the Prince Henry DCP and design quality guidelines

The proposal’s compliance with the DCP – Prince Henry Site has been undertaken in Section 8.2.1 below which indicates that the proposal does not result in any significant breach of the provisions of the DCP as assessed under the original application.

 

§ Council has failed to adequately notify the Prince Henry Community Association of the application

Council has fulfilled its obligation in accordance with Council's Development Control Plan (DCP) - Public Notification in notifying all relevant individual residents adjoining and surrounding the subject site of the Section 96 application. Accordingly, Council is confident that its notification of the application is compliant with the DCP; has met appropriate standards of due process; and is appropriate for the application to proceed to determination.  

 

It is noted that the original DA was advertised and notified as “integrated development” for a period of 30 days in accordance with the EP&A Act 1979 (as amended)  and one submission was 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 Comment

The subject Section 96 Application has been referred to Council’s Development Engineer and the following comments have been made:

 

“A Section 96 modification of the approved development has been received which seeks to modify the development consent by altering the parking and storage layout of the basement car park to provide 9 additional car spaces, changes to the internal configurations and mix of dwellings, alterations and additions to the facade treatment and eaves of buildings A and B, and changes to the private open space for the dwellings.

 

Original consent: Adaptive reuse of Heffron and Delaney Buildings for residential purposes and construction of 2 x 6 storey multi unit housing buildings  to create 163 apartments with basement car parking for 200 vehicles, landscaping, strata subdivision and associated works (Integrated Development).

 

This report is based on the following plans and documentation:

·      Statement of Environmental Effects stamped by Council 8th August 2011

·      Plan stamped by Council 8th August 2011

 

Parking Comments

The apartment mix of the development proposed under this S96 application will now change to:

 

 

1 bedroom Units = 81 (previously 83)

2 bedroom Units = 48 (unchanged)

3 bedroom Units = 33 (previously 30)

TOTAL                =163

 

Parking required under Council’s DCP-Parking

 

Parking required = (81x1) + (48x1.2) + (33x1.5) + (163/4)

                       = 81 + 58 + 50 + 41

                       = 230 spaces (189 + 41 visitor spaces)

 

Parking Provided= 209 spaces within basement (9 additional spaces) + 17  spaces at grade (2 additional).

 

The proposed parking provision reduces the parking shortfall on the site and is supported by Development Engineering provided the car spaces comply with the minimum requirements of AS 2890.1:2004.

 

It is noted however that although the present parking shortfall only exists in the visitor parking the additional spaces are actually proposed to be allocated to individual units resulting in what is effectively an over-allocation of resident car spaces.

 

Development Engineering has no strong objection to this as it would mean all the 3 bedroom units will likely be allocated 2 car spaces. Given the nature of the development and likely clientele of prospective purchasers of the dwellings the parking allocation is considered acceptable in this instance.

 

Should the assessing officer consider approving the application it is recommended condition 5 in DA consent 1113/2010 be amended to read as follows (amendments shown in bold);

 

“5.    .Public access to the visitor’s car parking spaces is to be maintained at all times and an intercom system is to be provided adjacent to the vehicular entrance to the car park, together with appropriate signage providing instructions for use.

 

A total of 209 car parking spaces (including 11 disabled spaces and no more than 12 visitor spaces) are to be provided and maintained within the basement car park of Buildings ‘A’ and ‘B’.

 

Each unit must be allocated at least one (1) car space.  The remaining spaces (25) must be allocated according to the following:

Nil (0) to two (2) EXTRA spaces per three (3) bedroom unit

Nil (0) to one (1) extra space per two (2) bedroom unit. 

Details of compliance are to be indicated on the Construction Certificate plans and final strata subdivision plans.”

 

Comment: Modification to Condition No. 5 will be applied should approval be granted. 

 

6.2    Heritage Planning Comment

The Section 96 application was referred to Council’s Heritage Planner who has advised as follows:

 

“Background

The subject site is located within the Prince Henry Hospital Heritage Conservation Area with the site and various buildings identified as heritage items under Randwick LEP 1998 (Consolidation).  The site and a number of the buildings are listed on the State Heritage Register for its Aboriginal, natural, landscape and built heritage values.

 

The site has been the subject of a Conservation Management Plan (CMP), Archaeological Management Plan (AMP) and Heritage Impact Assessment carried out by Godden Mackay Logan (GML) in conjunction with the preparation of a Master Plan for residential use of the former hospital site. 

 

The Subject Site

The site is in the southern part of the development area.  The site has a northern boundary to Fleming Street, and eastern boundary to Darwin Avenue and Ewing Avenue, a southern boundary to Harvey Street and a western boundary to Brodie Street.  The subject site is generally located within the Historic Precinct as identified in the Prince Henry Site Development Control Plan, with the south western corner within Precinct P3.

 

Heritage element

Applies

Built elements in the vicinity

·    Flowers Ward 2

·    Flowers Ward 4

·    Flowers Ward 6

·    Significant road alignment

Landscape elements in the vicinity

·     Matures species of banksias integrifolia

·     Landscape, Curtilage and Setting of above

·     Views to Little Bay, Headlands and Coastline

Aboriginal archaeological zone

High Sensitivity

Aboriginal identified site

No

Historical archaeological zone

Former Prince Henry Hospital Complex

Historical identified site

No

Little Bay Geological site

No

Remnant native vegetation in the vicinity

Yes

 

Existing Structures

The Heffron Building (Medical Ward A Block) occupies the northern part of the subject site, while the Delaney Building (Medical Ward B Block) occupies the southern part of the site.  The buildings date from the 1930s.  Each of the buildings is 3 storeys high over basement service areas) and originally comprised a main north facing wing with three perpendicular rear wings projecting southwards.  The Delaney Building retains its main wing only.  Each of the buildings has a central north facing entrance with associated steps, retaining walls and planter boxes. 

 

Background

DA/530/2008 for adaptive reuse of the Heffron and Delaney Buildings for residential purposes and the construction of two new multi-unit housing buildings at the rear was approved in May 2009.  The main wing and central rear wing of the Heffron Building were to be retained with new rear wings to either side.  New buildings were also proposed to the south and west of the original buildings with basement car parking below.  The western building was to comprise six storeys, while the southern building was to comprise five storeys. 

 

DA/1113/2010 which similarly proposed adaptive reuse for residential purposes and the construction of two new multi-